Public Act 096-0730
 
SB1925 Enrolled LRB096 11242 ASK 21653 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 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 Acts repealed on January 1, 2010 and December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    (a) The following Acts are repealed on January 1, 2010: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    (b) The following Act is repealed on December 31, 2010: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. Acts repealed on January 1, 2020. The following
Acts are repealed on January 1, 2020:
    The Auction License Act.
    The Illinois Landscape Architecture Act of 1989.
 
    Section 10. The Illinois Landscape Architecture Act of 1989
is amended by changing Sections 1, 3, 4, 5, 6, 7, 8, 9, 11, 13,
15, 16, 17, 18, 18.1, 19, 21, 22.1, 23, 24, 25, 28, and 31 and
by adding Sections 3.5, 6.5, 11.5, and 12.5 as follows:
 
    (225 ILCS 315/1)  (from Ch. 111, par. 8101)
    (Section scheduled to be repealed on January 1, 2010)
    Sec. 1. Purpose. It is the purpose of this Act to provide
for the licensure registration of landscape architects.
(Source: P.A. 86-932.)
 
    (225 ILCS 315/3)  (from Ch. 111, par. 8103)
    (Section scheduled to be repealed on January 1, 2010)
    Sec. 3. Definitions. As used in this Act:
    (a) "Board" means the Illinois Landscape Architect
Registration Board.
    (b) "Department" means the Illinois Department of
Financial and Professional Regulation.
    (c) "Secretary Director" means the Secretary Director of
Financial and Professional Regulation.
    (d) "Landscape Architect" or "Landscape Architect Design
Professional" means a person who, based on education,
experience, and examination or both in the field of landscape
architecture, is licensed eligible to register under this Act.
    (e) "Landscape Architecture" means the art and science of
arranging land, together with the spaces and objects upon it,
for the purpose of creating a safe, efficient, healthful, and
aesthetically pleasing physical environment for human use and
enjoyment, as performed by landscape architects.
    (f) "Landscape Architectural Practice" means the offering
or furnishing of professional services in connection with a
landscape architecture project that do not require the seal of
an architect, land surveyor, professional engineer, or
structural engineer. Such services may include including, but
are not limited to, providing preliminary studies; developing
design concepts; planning for the relationships of physical
improvements and intended uses of the site; establishing form
and aesthetic elements; analyzing and providing for life safety
requirements; developing those construction details on the
site which are exclusive of any building or structure and do
not require the seal of an engineer, architect, or structural
engineer; preparing and coordinating technical submissions;
and conducting site observation of a landscape architecture
project.
    (g) "Person" means any person, sole proprietorship, or
entity such as a partnership, professional service
corporation, or corporation.
(Source: P.A. 86-932.)
 
    (225 ILCS 315/3.5 new)
    (Section scheduled to be repealed on January 1, 2010)
    Sec. 3.5. References.
    (a) 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.
    (b) References to registration in the rules promulgated
pursuant to this Act shall be deemed, in appropriate contexts,
to be references to licensure.
 
    (225 ILCS 315/4)  (from Ch. 111, par. 8104)
    (Section scheduled to be repealed on January 1, 2010)
    Sec. 4. Use of title. No After the effective date of this
Act, no person may represent himself to be a landscape
architect, or use the title "landscape architect", "registered
landscape architect", "licensed landscape architect",
"landscape architect design professional", or any other title
which includes the words "landscape architect" or "landscape
architecture", unless licensed registered under this Act.
(Source: P.A. 86-932.)
 
    (225 ILCS 315/5)  (from Ch. 111, par. 8105)
    (Section scheduled to be repealed on January 1, 2010)
    Sec. 5. Practice without license. Nothing in this Act
prevents any person from being engaged in the practice of
landscape architecture so long as he or she does not represent
himself or herself as, or use the titles of, "landscape
architect", or "registered landscape architect", "licensed
landscape architect", "landscape architecture", "landscape
architect design professional", or "landscape architecture
design professional".
(Source: P.A. 86-932.)
 
    (225 ILCS 315/6)  (from Ch. 111, par. 8106)
    (Section scheduled to be repealed on January 1, 2010)
    Sec. 6. Issuance of Certificate. Whenever an applicant for
licensure registration has complied with the provisions of
Section 11 of this Act, the Department shall issue a
certificate of licensure registration to the applicant as a
licensed registered landscape architect subject to the
provisions of this Act.
(Source: P.A. 86-932.)
 
    (225 ILCS 315/6.5 new)
    (Section scheduled to be repealed on January 1, 2010)
    Sec. 6.5. Display of license; seal.
    (a) Every holder of a landscape architect license shall
display his or her certificate of licensure in a conspicuous
place in his or her principal office. A certificate of
registration issued under this Act that is in good standing on
the effective date of this amendatory Act of the 96th General
Assembly shall be deemed to be a certificate of licensure and
the Department shall not be required to issue a new certificate
of licensure to replace it.
    (b) Every landscape architect shall have a seal, approved
by the Department and the Board, which shall contain the name
of the landscape architect, the number of his or her license,
and the legend "Landscape Architect, State of Illinois" and
other words or figures as the Department deems necessary.
Plans, specifications, and reports related to landscape
architectural practice and prepared by the landscape
architect, or under his or her supervision, shall be stamped
with his or her seal when filed. Notwithstanding the
requirements of this Section, an architect, land surveyor,
professional engineer, or structural engineer shall be
permitted to affix his or her professional seal or stamp to any
plans, specifications, and reports prepared by or under his or
her responsible control in connection with the incidental
practice of landscape architecture.
    (c) A landscape architect who endorses a document with his
or her seal while his or her license is suspended, expired, or
has been revoked, who has been placed on probation or inactive
status, or who endorses a document that the landscape architect
did not actually prepare or supervise the preparation of, is
subject to the penalties prescribed in Section 18.1.
 
    (225 ILCS 315/7)  (from Ch. 111, par. 8107)
    (Section scheduled to be repealed on January 1, 2010)
    Sec. 7. Current Address of Record. Every landscape
architect shall maintain a current address with the Department.
It is the duty of every 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 shall be the responsibility of the
registrant to notify the Department in writing of any change of
address.
(Source: P.A. 91-255, eff. 12-30-99.)
 
    (225 ILCS 315/8)  (from Ch. 111, par. 8108)
    (Section scheduled to be repealed on January 1, 2010)
    Sec. 8. Powers and Duties of the Department.
    (a) The Department shall exercise the powers and duties
prescribed by the Civil Administrative Code of Illinois for the
administration of licensing acts and shall exercise such other
powers and duties vested by this Act.
    (b) The Department shall promulgate rules and regulations
consistent with the provisions of this Act for the
administration and enforcement thereof which shall include
standards and criteria for licensure registration and for the
payment of fees connected therewith. The Department shall
prescribe forms required for the administration of this Act.
    (c) The Department shall consult the Landscape
Architecture Board in promulgating rules and regulations.
Notice of proposed rulemaking shall be transmitted to the Board
and the Department shall review the Board's response and any
recommendations made therein. The Department shall notify the
Board in writing of the explanation for any deviations from the
Board's recommendations and response.
    (d) The Department may at any time seek the advice and the
expert knowledge of the Board on any matter relating to the
administration of this Act.
    (e) The Department shall issue a quarterly report to the
Board setting forth the status of all complaints received by
the Department related to the landscape architectural
architecture practice.
    (f) The Department shall maintain membership and
representation in the national body composed of state licensing
and testing boards for landscape architects.
(Source: P.A. 86-932.)
 
    (225 ILCS 315/9)  (from Ch. 111, par. 8109)
    (Section scheduled to be repealed on January 1, 2010)
    Sec. 9. Composition, qualification, and terms of Board.
    (a) The Secretary Director shall appoint a Board consisting
of 5 persons who are residents of the State of Illinois and who
shall be appointed by and shall serve in an advisory capacity
to the Secretary Director. Four persons shall be individuals
experienced in landscape architectural work who would qualify
upon application to the Department under the provisions of this
Act to be licensed registered landscape architects, one of whom
shall be a tenured member of the landscape architecture faculty
of a university located within this State that maintains an
accredited school of landscape architecture the University of
Illinois and 3 of whom shall have engaged in landscape
architectural work for at least 5 years. The fifth person shall
be a public member, not an employee of the State of Illinois,
who is not licensed or registered under this Act or a similar
Act of another jurisdiction. The public member may not be
elected or appointed as chairman of the Board or serve in such
capacity in any other manner.
    (b) Members of the Board shall serve 5 year terms and until
their successors are appointed and qualified. No member shall
be reappointed to the Board for a term which would cause that
member's cumulative service on the Board to be longer than 10
years. No member who is an initial appointment to the Board
shall be reappointed to the Board for a term which would cause
that member's cumulative service on the Board to be longer than
13 years. 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.
    (c) The Secretary Director may remove any member of the
Board for cause, which may include without limitation a member
who does not attend 2 consecutive meetings.
    (d) The Secretary Director shall consider the
recommendations of the Board on questions involving standards
of professional conduct, discipline, and qualifications of
applicants candidates and licensees registrants under this
Act.
    (e) Three members A quorum of the Board shall constitute a
quorum consist of a majority of members currently appointed. A
majority vote of the quorum is required for Board board
decisions.
    (f) The Board shall annually elect a chairperson and vice
chairperson, both of whom shall be licensed landscape
architects.
(Source: P.A. 91-255, eff. 12-30-99.)
 
    (225 ILCS 315/11)  (from Ch. 111, par. 8111)
    (Section scheduled to be repealed on January 1, 2010)
    Sec. 11. Licensure Registration Qualifications.
    (a) Every person applying to the Department for licensure
registration shall do so on forms approved by the Department
and shall pay the required fee. Every person applying to the
Department for licensure registration shall submit, with his
application, satisfactory evidence that the person holds an
approved professional degree in landscape architecture from an
approved and accredited program, as such terms are defined by
the rules and regulations of the Department, and that he has
had such practical experience in landscape architectural work
as shall be required by the rules and regulations of the
Department. Every In lieu of evidence of any approved
professional degree in landscape architecture, the applicant
may submit satisfactory evidence of such other education or
experience as shall be required by the rules and regulations of
the Department; provided, however, that after January 1, 1993
every applicant for initial licensure registration must have an
approved professional degree. If an applicant is qualified the
Department shall, by means of a written examination, examine
the applicant on such technical and professional subjects as
shall be required by the rules and regulations of the
Department.
    (b) The Department may exempt from such written examination
an applicant who holds a certificate of qualification issued by
the National Council of Landscape Architecture Registration
Boards, or who holds a registration or license in another state
which has equivalent or substantially equivalent requirements
as the State of Illinois.
    (c) The Department shall adopt rules determining
requirements for practical training and education. The
Department may also adopt the examinations and recommended
grading procedures of the National Council of Landscape
Architectural Registration Boards and the accreditation
procedures of the Landscape Architectural Accrediting Board.
The Department shall issue a certificate of licensure
registration to each applicant who satisfies the requirements
set forth in this Section. Such licensure registration shall be
effective upon issuance.
    (d) If an applicant neglects, fails without an approved
excuse, or refuses to take an examination or fails to pass an
examination to obtain a certificate of licensure registration
under this Act within 3 years after filing the application, the
application shall be denied. However, such applicant may
thereafter submit a new application accompanied by the required
fee.
    (e) For a period of 2 years after the effective date of
this amendatory Act of the 96th General Assembly, persons
demonstrating to the Department that they have been engaged in
landscape architectural practice for a period of 10 years and
have an accredited degree and license in urban or regional
planning, architecture, or civil engineering are eligible to
achieve licensure through examination. Any person who has been
engaged in the practice of landscape architecture prior to the
effective date of this Act, shall, upon application within 2
years from the effective date of this Act and upon payment of
the required current registration fee and application fee, be
issued registration without examination upon furnishing to the
Department satisfactory proof that he was so engaged prior to
such date. The Director, through the Board, shall accept as
satisfactory evidence of the competency and qualifications of
the applicant for registration the following:
        (1) A diploma of graduation or satisfactory completion
    certificate from a college, school, or university offering
    an accredited program in landscape architecture, together
    with evidence of at least 2 years of actual, practical
    experience in landscape architectural work of a grade and
    character acceptable to the Board; or
        (2) Evidence that the applicant has a total of at least
    7 years of actual, practical experience in landscape
    architectural work of a grade and character acceptable to
    the Board and has been actually engaged in the active
    practice of landscape architecture for not less than 4
    years immediately prior to the effective date of this Act.
(Source: P.A. 91-255, eff. 12-30-99.)
 
    (225 ILCS 315/11.5 new)
    (Section scheduled to be repealed on January 1, 2010)
    Sec. 11.5. Professional liability.
    (a) Any individual licensed under this Act as a landscape
architect is liable for his or her negligent or willful acts,
errors, and omissions and any shareholder, member, or partner
of any entity that provides landscape architecture services
through an individual licensed under this Act is liable for the
negligent or willful acts, errors, and omissions of the
employees, members, and partners of the entity. Eligible claims
of liability may be covered under a qualifying policy of
professional liability insurance, as set forth in subsection
(b) of this Section, maintained by an individual or entity.
    (b) A qualifying policy of professional liability
insurance must insure an individual or entity against liability
imposed upon it by law for damages arising out of the negligent
acts, errors, and omissions of the individual or of the
licensed and unlicensed employees, members, and partners of the
entity. The policy may exclude coverage of the following:
        (1) a dishonest, fraudulent, criminal, or malicious
    act or omission of the insured individual or entity or any
    stockholder, employee, member, or partner of the insured
    entity;
        (2) the conducting of a business enterprise that is not
    landscape architectural practice by the insured individual
    or entity;
        (3) the conducting of a business enterprise in which
    the insured individual or entity may be a partner or that
    may be controlled, operated, or managed by the individual
    or entity in its own or in a fiduciary capacity, including
    without limitation the ownership, maintenance, or use of
    property;
        (4) bodily injury, sickness, disease, or death of a
    person; or
        (5) damage to or destruction of tangible property owned
    by the insured individual or entity.
The policy may include any other reasonable provisions with
respect to policy periods, territory, claims, conditions, and
ministerial matters.
 
    (225 ILCS 315/12.5 new)
    (Section scheduled to be repealed on January 1, 2010)
    Sec. 12.5. Continuing education. The Department may adopt
rules of continuing education for persons licensed under this
Act. The Department shall consider the recommendations of the
Board in establishing the guidelines for the continuing
education requirements. Rules adopted under this Section apply
to any person seeking renewal or restoration of licensure under
this Act. The continuing education shall consist of at least 6
hours per year and may include relevant courses offered in
various formats or mediums.
 
    (225 ILCS 315/13)  (from Ch. 111, par. 8113)
    (Section scheduled to be repealed on January 1, 2010)
    Sec. 13. Inactive Status.
    (a) Any landscape architect who notifies the Department in
writing on forms prescribed by the Department may elect to
place his or her license registration on an inactive status and
shall be excused from payment of renewal fees until he or she
notifies the Department in writing of his or her desire to
resume active status.
    (b) Any person whose license has been expired for more than
3 years may have his or her license restored by making
application to the Department and filing proof acceptable to
the Department of his or her fitness to have his or her license
restored, including evidence certifying to active practice in
another jurisdiction, and by paying the required restoration
fee.
    (c) Any landscape architect whose license registration is
in an inactive status, has been suspended or revoked, or has
expired shall not represent himself or herself to be a
landscape architect or use the title "landscape architect",
"registered landscape architect", "licensed landscape
architect", or any other title which includes the words
"landscape architect" or "landscape architecture".
(Source: P.A. 86-932.)
 
    (225 ILCS 315/15)  (from Ch. 111, par. 8115)
    (Section scheduled to be repealed on January 1, 2010)
    Sec. 15. Disposition of funds. All of the fees collected
pursuant to this Act shall be deposited in the General
Professions Dedicated Fund.
    On January 1, 2000 the State Comptroller shall transfer the
balance of the monies in the Landscape Architects'
Administration and Investigation Fund into the General
Professions Dedicated Fund. Amounts appropriated for fiscal
year 2000 out of the Landscape Architects' Administration and
Investigation Fund may be paid out of the General Professions
Dedicated Fund.
    The monies deposited in the General Professions Dedicated
Fund may be used for the expenses of the Department in the
administration 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).
(Source: P.A. 91-239, eff. 1-1-00; 91-255, eff. 12-30-99;
92-16, eff. 6-28-01.)
 
    (225 ILCS 315/16)  (from Ch. 111, par. 8116)
    (Section scheduled to be repealed on January 1, 2010)
    Sec. 16. Roster. The Department shall maintain a roster of
the names and addresses of all licensed registered landscape
architects. This roster shall be available upon written request
and payment of the required fee.
(Source: P.A. 86-932.)
 
    (225 ILCS 315/17)  (from Ch. 111, par. 8117)
    (Section scheduled to be repealed on January 1, 2010)
    Sec. 17. Advertising. Any person licensed registered under
this Act may advertise the availability of professional
services in the public media or on the premises where such
professional services are rendered provided that such
advertising is truthful and not misleading.
(Source: P.A. 86-932.)
 
    (225 ILCS 315/18)  (from Ch. 111, par. 8118)
    (Section scheduled to be repealed on January 1, 2010)
    Sec. 18. Violation; injunction; cease and desist order.
    (a) If any person violates the provisions 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 or the State's Attorney of any county in which the
action is brought, petition for an order enjoining such
violation and for an order enforcing compliance with this Act.
Upon the filing of a verified petition in 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 shall be in addition
to, and not in lieu of, all other remedies and penalties
provided by this Act.
    (b) If any person shall hold himself or herself out as a
"landscape architect", "licensed landscape architect", or
"registered landscape architect", or use any other title that
includes the words "landscape architect" or "landscape
architecture" without being licensed registered under the
provisions of this Act, then any licensed registered landscape
architect, 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) Whoever holds himself or herself out as a "landscape
architect", "licensed landscape architect", or a "registered
landscape architect", or uses any other title that includes the
words "landscape architect" or "landscape architecture" in
this State without being licensed under this Act registered for
that purpose shall be guilty of a Class A misdemeanor, and for
each subsequent conviction shall be guilty of a Class 4 felony.
    (d) Whenever, in the opinion of the Department, a 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 allow
the person at least 7 days from the date of the rule to file an
answer that is satisfactory to the Department. Failure to
answer to the satisfaction of the Department shall cause an
order to cease and desist to be issued.
(Source: P.A. 88-363.)
 
    (225 ILCS 315/18.1)
    (Section scheduled to be repealed on January 1, 2010)
    Sec. 18.1. Grounds for Discipline.
    (a) The Department may refuse to issue or to , renew, or may
revoke, suspend, place on probation, reprimand, or take other
disciplinary or non-disciplinary action as deemed appropriate
including the impositions of fines the Department considers
appropriate, including the issuance of fines not to exceed
$10,000 $1,000 for each violation, as the Department may deem
proper with regard to any license for any one or combination
more of the following:
        (1) Material misstatement in furnishing information to
    the Department or to any other State agency.
        (2) Negligent or intentional disregard of this Act, or
    violation of any rules under this Act.
        (3) Conviction of or plea of guilty or nolo contendere
    to any crime under the laws of the United States or any
    state or territory thereof that is a felony, or that is a
    misdemeanor, an essential element of which is dishonesty,
    or of any crime that is directly related to the practice of
    the profession.
        (4) Making any misrepresentation for the purpose of
    obtaining a license, or violating any provision of this Act
    or its rules.
        (5) Professional incompetence or gross negligence in
    the rendering of landscape architectural services.
        (6) Aiding or assisting another person in violating any
    provision of this Act or any rules.
        (7) Failing to provide information within 60 days in
    response to a written request made by the Department.
        (8) Engaging in dishonorable, unethical, or
    unprofessional conduct of a character likely to deceive,
    defraud, or harm the public and violating the rules of
    professional conduct adopted by the Department.
        (9) Habitual or excessive use or addiction to alcohol,
    narcotics, stimulants, or any other chemical agent or drug
    that results in an inability to practice with reasonable
    skill, judgment, or safety.
        (10) Discipline by another jurisdiction, if at least
    one of the grounds for the discipline is the same or
    substantially equivalent to those set forth in this
    Section.
        (11) Directly or indirectly giving to or receiving from
    any person, firm, corporation, partnership, or association
    any fee, commission, rebate, or other form of compensation
    for any professional service not actually rendered.
        (12) A finding by the Board that the licensee, after
    having the license placed on probationary status, has
    violated the terms of probation.
        (12.5) A finding by the Board that the licensee has
    failed to pay a fine imposed by the Department.
        (13) Abandonment of a client.
        (14) Willfully filing false reports relating to a
    licensee's practice, including but not limited to, false
    records filed with federal or State agencies or
    departments.
        (15) Being named as a perpetrator in an indicated
    report by the Department of Children and Family Services
    under the Abused and Neglected Child Reporting Act, and
    upon proof by clear and convincing evidence that the
    licensee has caused a child to be an abused child or
    neglected child as defined in the Abused and Neglected
    Child Reporting Act.
        (16) Physical or mental disability, including
    deterioration through the aging process or loss of
    abilities and skills that results in the inability to
    practice the profession with reasonable judgment, skill,
    or safety.
        (17) Solicitation of professional services by using
    false or misleading advertising.
        (18) Failure to file a return, or to pay the tax,
    penalty, or interest shown in a filed return, or to pay any
    final assessment of tax, penalty, or interest, as required
    by any tax Act administered by the Illinois Department of
    Revenue or any successor agency or the Internal Revenue
    Service or any successor agency.
    (b) Any fines imposed under this Section shall not exceed
$10,000 $1,000 for each violation.
    (c) The determination by a court that a licensee is subject
to involuntary admission or judicial admission as provided in
the Mental Health and Developmental Disabilities Code will
result in an automatic suspension of his or her license. The
suspension will end upon a finding by a court that the licensee
is no longer subject to involuntary admission or judicial
admission, the issuance of an order so finding and discharging
the patient, and the recommendation of the Board to the
Secretary Director that the licensee be allowed to resume
professional practice.
    (d) In enforcing this Section, the Board, upon a showing of
a possible violation, may compel a person licensed registered
under this Act or who has applied for licensure registration
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 registrant or applicant. No information shall be
excluded by reason of any common law or statutory privilege
relating to communications between the licensee registrant 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 registration 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 registration; or, in lieu of care, counseling, or
treatment, the Board may recommend that the Department file a
complaint to immediately suspend, revoke, or otherwise
discipline the license registration of the person. Any person
whose license registration 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
Secretary Director for a determination as to whether the person
shall have his or her license registration suspended
immediately, pending a hearing by the Board.
(Source: P.A. 91-255, eff. 12-30-99.)
 
    (225 ILCS 315/19)  (from Ch. 111, par. 8119)
    (Section scheduled to be repealed on January 1, 2010)
    Sec. 19. Investigation; notice and hearing. The Department
may investigate the actions or qualifications of any applicant
or person holding or claiming to hold a license certificate of
registration. The Department shall, before suspending or
revoking, placing on probation, reprimanding, or taking any
other disciplinary action under Section 18.1 of this Act, at
least 30 days before the date set for the hearing, notify the
applicant or licensee holder of a certificate of registration
in writing of the nature of the charges and that a hearing will
be held on the date designated. The written notice may be
served by personal delivery or certified or registered mail to
the applicant or licensee at the address of record with his
last notification to the Department. The Department shall
direct the applicant or licensee to file a written answer with
the Department, under oath, within 20 days after the service of
the notice, and inform the person that if he or she fails to
file an answer, his or her license may be revoked, suspended,
placed on probation, reprimanded, or the Department may take
any other additional disciplinary action including the
issuance of fines, not to exceed $10,000 $1,000 for each
violation, as the Department may consider necessary, without a
hearing. At the time and place fixed in the notice, the Board
shall proceed to hear the charges and the parties or their
counsel. All parties shall be accorded an opportunity to
present any statements, testimony, evidence, and arguments 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; 88-363.)
 
    (225 ILCS 315/21)  (from Ch. 111, par. 8121)
    (Section scheduled to be repealed on January 1, 2010)
    Sec. 21. Subpoenas; depositions; oaths. The Department has
power to subpoena and bring before it any person and to take
testimony either orally or by deposition, or both, with the
same fees and mileage and in the same manner as prescribed in
civil cases in circuit courts of this State.
    The Secretary Director, the designated hearing officer,
and every member of the Board has the power to administer oaths
to witnesses at any hearing which the Department is authorized
to conduct, and any other oaths authorized in any Act
administered by the Department.
(Source: P.A. 88-363.)
 
    (225 ILCS 315/22.1)
    (Section scheduled to be repealed on January 1, 2010)
    Sec. 22.1. Findings and recommendations. At the conclusion
of the hearing, the Board shall present to the Secretary
Director a written report of its findings of fact, conclusions
of law, and recommendations. The report shall contain a finding
whether the licensee violated this Act or failed to comply with
the conditions required in this Act. The Board shall specify
the nature of the violation or failure to comply, and shall
make its recommendations to the Secretary Director.
    The report of findings of fact, conclusions of law, and
recommendation of the Board shall be the basis for the
Department's order for refusal or for the granting of the
license. If the Secretary Director disagrees with the
recommendations of the Board, the Secretary Director may issue
an order in contravention of the Board recommendations. The
Secretary Director shall provide a written report to the Board
on any disagreement and shall specify the reasons for the
action in the final order. The findings are not admissible in
evidence against the person in a criminal prosecution for
violation of this Act, but the hearing and findings are not a
bar to a criminal prosecution for violation of this Act.
(Source: P.A. 88-363.)
 
    (225 ILCS 315/23)  (from Ch. 111, par. 8123)
    (Section scheduled to be repealed on January 1, 2010)
    Sec. 23. Board; Rehearing. At the conclusion of the
hearing, a copy of the Board's report shall be served upon the
accused person, either personally or as provided in this Act
for the service of the notice. Within 20 days after such
service, the applicant or licensee may present to the
Department a motion in writing for a rehearing which shall
specify the particular grounds for rehearing. If no motion for
a rehearing is filed, then upon the expiration of the time
specified for filing such a motion, or if a motion for
rehearing is denied, then upon the denial, the Secretary
Director may enter any order in accordance with recommendations
of the Board, except as provided in Section 120 of this Act. If
the applicant or licensee requests and pays for a transcript of
the record within the time for filing a motion for rehearing,
the 20-day period within which a motion may be filed shall
commence upon the delivery of the transcript to the applicant
or licensee.
    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.
(Source: P.A. 88-363.)
 
    (225 ILCS 315/24)  (from Ch. 111, par. 8124)
    (Section scheduled to be repealed on January 1, 2010)
    Sec. 24. Appointment of a hearing officer. The Secretary
Director has the authority to appoint any attorney licensed to
practice law in the State of Illinois to serve as the hearing
officer in any action for refusal to issue or renew a license
or permit or to discipline a licensee. The Secretary Director
shall notify the Board of any such appointment. The hearing
officer has full authority to conduct the hearing. At least one
member of the Board shall attend each hearing. The hearing
officer shall report his findings of fact, conclusions of law
and recommendations to the Board and the Secretary Director.
The Board has 60 days from receipt of the report to review it
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
Director shall issue an order based on the report of the
hearing officer. If the Secretary Director disagrees with the
recommendation of the Board or hearing officer, the Secretary
Director may issue an order in contravention of the
recommendation. The Secretary Director shall promptly provide
a written explanation to the Board on any disagreement.
(Source: P.A. 88-363.)
 
    (225 ILCS 315/25)  (from Ch. 111, par. 8125)
    (Section scheduled to be repealed on January 1, 2010)
    Sec. 25. 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:
        (a) the signature is the genuine signature of the
    Secretary Director;
        (b) the Secretary Director is duly appointed and
    qualified; and
        (c) the Board and the members thereof are qualified to
    act.
(Source: P.A. 91-357, eff. 7-29-99.)
 
    (225 ILCS 315/28)  (from Ch. 111, par. 8128)
    (Section scheduled to be repealed on January 1, 2010)
    Sec. 28. Summary suspension of a license. The Secretary
Director may summarily suspend the license of a landscape
architect without a hearing, simultaneously with the
institution of proceedings for a hearing provided for in
Section 24 of this Act, if the Secretary Director finds that
evidence in the possession of the Secretary Director indicates
that the continuation in practice by the landscape architect
would constitute an imminent danger to the public. In the event
that the Secretary Director temporarily suspends the license of
an individual without a hearing, a hearing must be held within
30 days after such suspension has occurred.
(Source: P.A. 88-363.)
 
    (225 ILCS 315/31)  (from Ch. 111, par. 8131)
    (Section scheduled to be repealed on January 1, 2010)
    Sec. 31. Administrative Procedure Act. The Illinois
Administrative Procedure Act is hereby expressly adopted and
incorporated herein as if all of the provisions of that Act
were included in this Act, except that the provision of
subsection (d) of Section 10-65 of the Illinois Administrative
Procedure Act that provides that at hearings the licensee has
the right to show compliance with all lawful requirements for
retention, continuation or renewal of the license is
specifically excluded. For the purposes of this Act the notice
required under Section 10-25 of the Illinois Administrative
Procedure Act is deemed sufficient when mailed to the last
known address of record of a party.
(Source: P.A. 88-45.)
 
    (225 ILCS 315/4.5 rep.)
    Section 15. The Illinois Landscape Architecture Act of 1989
is amended by repealing Section 4.5.
 
    Section 20. The Auction License Act is amended by changing
Sections 5-10, 10-1, 10-20, 10-27, 10-30, 10-35, 10-40, 10-45,
10-50, 15-5, 15-10, 20-5, 20-15, 20-40, 20-50, 20-55, 20-80,
and 30-30 and by adding Sections 10-15a, 20-43, 20-56, 30-7 and
30-13 as follows:
 
    (225 ILCS 407/5-10)
    (Section scheduled to be repealed on January 1, 2010)
    Sec. 5-10. Definitions. As used in this Act:
    "Advertisement" means any written, oral, or electronic
communication that contains a promotion, inducement, or offer
to conduct an auction or offer to provide an auction service,
including but not limited to brochures, pamphlets, radio and
television scripts, telephone and direct mail solicitations,
electronic media, and other means of promotion.
    "Advisory Board" or "Board" means the Auctioneer Advisory
Board.
    "Associate auctioneer" means a person who conducts an
auction, but who is under the direct supervision of, and is
sponsored by, a licensed auctioneer or auction firm.
    "Auction" means the sale or lease of property, real or
personal, by means of exchanges between an auctioneer or
associate auctioneer and prospective purchasers or lessees,
which consists of a series of invitations for offers made by
the auctioneer or associate auctioneer and offers by
prospective purchasers or lessees for the purpose of obtaining
an acceptable offer for the sale or lease of the property,
including the sale or lease of property via mail,
telecommunications, or the Internet.
    "Auction contract" means a written agreement between an
auctioneer, associate auctioneer, or auction firm and a seller
or sellers.
    "Auction firm" means any corporation, partnership, or
limited liability company that acts as an auctioneer and
provides an auction service.
    "Auction school" means any educational institution, public
or private, which offers a curriculum of auctioneer education
and training approved by the Department.
    "Auction service" means the service of arranging,
managing, advertising, or conducting auctions.
    "Auctioneer" means a person or entity who, for another, for
a fee, compensation, commission, or any other valuable
consideration at auction or with the intention or expectation
of receiving valuable consideration by the means of or process
of an auction or sale at auction or providing an auction
service, offers, negotiates, or attempts to negotiate an
auction contract, sale, purchase, or exchange of goods,
chattels, merchandise, personal property, real property, or
any commodity that may be lawfully kept or offered for sale by
or at auction.
    "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. 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.
    "Buyer premium" means any fee or compensation paid by the
successful purchaser of property sold or leased at or by
auction, to the auctioneer, auction firms, seller, lessor, or
other party to the transaction, other than the purchase price.
    "Department" means the Department of Financial and
Professional Regulation.
    "Goods" means chattels, movable goods, merchandise, or
personal property or commodities of any form or type that may
be lawfully kept or offered for sale.
    "Licensee" means any person licensed under this Act.
    "Managing auctioneer" means any person licensed as an
auctioneer who manages and supervises licensees sponsored by an
auction firm or auctioneer.
    "Person" means an individual, association, partnership,
corporation, or limited liability company or the officers,
directors, or employees of the same.
    "Pre-renewal period" means the 24 months prior to the
expiration date of a license issued under this Act.
    "Secretary" means the Secretary of the Department of
Financial and Professional Regulation or his or her designee.
    "Sponsoring auctioneer" means the auctioneer or auction
firm who has issued a sponsor card to a licensed associate
auctioneer or auctioneer.
    "Sponsor card" means the temporary permit issued by the
sponsoring auctioneer certifying that the licensee named
thereon is employed by or associated with the sponsoring
auctioneer and the sponsoring auctioneer shall be responsible
for the actions of the sponsored licensee.
(Source: P.A. 95-572, eff. 6-1-08.)
 
    (225 ILCS 407/10-1)
    (Section scheduled to be repealed on January 1, 2010)
    Sec. 10-1. Necessity of license; exemptions.
    (a) It is unlawful for any person, corporation, limited
liability company, partnership, or other entity to conduct an
auction, provide an auction service, hold himself or herself
out as an auctioneer, or advertise his or her services as an
auctioneer in the State of Illinois without a license issued by
the Department under this Act, except at:
        (1) an auction conducted solely by or for a
    not-for-profit organization for charitable purposes in
    which the individual receives no compensation;
        (2) an auction conducted by the owner of the property,
    real or personal;
        (3) an auction for the sale or lease of real property
    conducted by a licensee under the Real Estate License Act,
    or its successor Acts, in accordance with the terms of that
    Act;
        (4) an auction conducted by a business registered as a
    market agency under the federal Packers and Stockyards Act
    (7 U.S.C. 181 et seq.) or under the Livestock Auction
    Market Law;
        (5) an auction conducted by an agent, officer, or
    employee of a federal agency in the conduct of his or her
    official duties; and
        (6) an auction conducted by an agent, officer, or
    employee of the State government or any political
    subdivision thereof performing his or her official duties.
    (b) Nothing in this Act shall be construed to apply to a
new or used vehicle dealer or a vehicle auctioneer licensed by
the Secretary of State of Illinois, or to any employee of the
licensee, who is a resident of the State of Illinois, while the
employee is acting in the regular scope of his or her
employment for the licensee while conducting an auction that is
not open to the public, provided that only new or used vehicle
dealers, rebuilders, automotive parts recyclers, or scrap
processors licensed by the Secretary of State or licensed by
another state or jurisdiction may buy property at the auction,
or to sales by or through the licensee. Out-of-state salvage
vehicle buyers licensed in another state or jurisdiction may
also buy property at the auction.
    (c) Nothing in this Act shall be construed to prohibit a
person under the age of 18 from selling property under $250 in
value while under the direct supervision of a licensed
auctioneer.
    (d) Nothing in this Act, except Section 10-27, shall be
construed to apply to a person while providing an Internet
auction listing service as defined in Section 10-27.
(Source: P.A. 95-572, eff. 6-1-08; 95-783, eff. 1-1-09.)
 
    (225 ILCS 407/10-15a new)
    Sec. 10-15a. Associate auctioneer license; discontinuance.
    (a) Upon the effective date of this amendatory Act of the
96th General Assembly, the Department shall no longer issue or
renew any associate auctioneer license.
    (b) Any person who holds a valid license as an associate
auctioneer on the effective date of this amendatory Act of the
96th General Assembly shall be issued an auctioneer license
without having to apply to the Department or pay any fee. Such
licensee's previous record as an associate auctioneer,
including any past discipline imposed on him or her, shall
become part of his or her auctioneer license record. The
expiration date of such licensee's auctioneer license shall be
the same as the expiration date of his or her associate
auctioneer license.
    (c) Upon receipt of an auctioneer license issued by the
Department pursuant to this Section, a licensee's associate
auctioneer license shall no longer be valid.
 
    (225 ILCS 407/10-20)
    (Section scheduled to be repealed on January 1, 2010)
    Sec. 10-20. Requirements for auction firm license;
application. Any corporation, limited liability company, or
partnership who desires to obtain an auction firm license
shall:
        (1) apply to the Department on forms provided by the
    Department accompanied by the required fee; and
        (2) provide evidence to the Department that the auction
    firm has a properly licensed managing auctioneer; and .
        (3) any requirement as defined by rule.
(Source: P.A. 95-572, eff. 6-1-08.)
 
    (225 ILCS 407/10-27)
    (Section scheduled to be repealed on January 1, 2010)
    Sec. 10-27. Registration of Internet Auction Listing
Service.
    (a) For the purposes of this Section:
        (1) "Internet Auction Listing Service" means a website
    on the Internet, or other interactive computer service that
    is designed to allow or advertised as a means of allowing
    users to offer personal property or services for sale or
    lease to a prospective buyer or lessee through an on-line
    bid submission process using that website or interactive
    computer service and that does not examine, set the price,
    or prepare the description of the personal property or
    service to be offered, or in any way utilize the services
    of a natural person as an auctioneer.
        (2) "Interactive computer service" means any
    information service, system, or access software provider
    that provides or enables computer access by multiple users
    to a computer server, including specifically a service or
    system that provides access to the Internet.
    (b) It is unlawful for any person, corporation, limited
liability company, partnership, or other entity to provide an
Internet auction listing service in the State of Illinois for
compensation without being registered with the Department
when:
        (1) the person, corporation, limited liability
    company, partnership, or other entity providing the
    Internet auction listing service is located in the State of
    Illinois;
        (2) the prospective seller or seller, prospective
    lessor or lessor, or prospective purchaser or purchaser is
    located in the State of Illinois and is required to agree
    to terms with the person, corporation, limited liability
    company, partnership, or other entity providing the
    Internet auction listing service, no matter where that
    person, corporation, limited liability company,
    partnership, or other entity is located; or
        (3) the personal property or services offered for sale
    or lease are located or will be provided in the State of
    Illinois.
    (c) Any person, corporation, limited liability company,
partnership, or other entity that provides an Internet auction
listing service in the State of Illinois for compensation under
any of the circumstances listed in subsection (b) shall
register with the Department on forms provided by the
Department accompanied by the required fee as provided by rule.
Such registration shall include information as required by the
Department and established by rule as the Department deems
necessary to enable users of the Internet auction listing
service in Illinois to identify the entity providing the
service and to seek redress or further information from such
entity. The fee shall be sufficient to cover the reasonable
costs of the Department in administering and enforcing the
provisions of this Section. The registrant shall be required to
certify:
        (1) that the registrant does not act as the agent of
    users who sell items on its website, and acts only as a
    venue for user transactions;
        (2) that the registrant requires sellers and bidders to
    register with the website and provide their name, address,
    telephone number and e-mail address;
        (3) that the registrant retains such information for a
    period of at least 2 years;
        (4) that the registrant retains transactional
    information consisting of at least seller identification,
    high bidder identification, and item sold for at least 2
    years from the close of a transaction, and has a mechanism
    to identify all transactions involving a particular seller
    or buyer;
        (5) that the registrant has a mechanism to receive
    complaints or inquiries from users;
        (6) that the registrant adopts and reasonably
    implements a policy of suspending, in appropriate
    circumstances, the accounts of users who, based on the
    registrant's investigation, are proven to have engaged in a
    pattern of activity that appears to be deliberately
    designed to defraud consumers on the registrant's website;
    and
        (7) that the registrant will comply with the Department
    and law enforcement requests for stored data in its
    possession, subject to the requirements of applicable law.
    (d) The Department may refuse to accept a registration
which is incomplete or not accompanied by the required fee. The
Department may impose a civil penalty not to exceed $10,000
upon any Internet auction listing service that intentionally
fails to register as required by this Section, and may impose
such penalty or revoke, suspend, or place on probation or
administrative supervision the registration of any Internet
auction listing service that:
        (1) intentionally makes a false or fraudulent material
    representation or material misstatement or
    misrepresentation to the Department in connection with its
    registration, including in the certification required
    under subsection (c);
        (2) is convicted of any crime, an essential element of
    which is dishonesty, fraud, larceny, embezzlement, or
    obtaining money, property, or credit by false pretenses or
    by means of a confidence game; or is convicted in this or
    another state of a crime that is a felony under the laws of
    this State; or is convicted of a felony in a federal court;
        (3) is adjudged to be a person under legal disability
    or subject to involuntary admission or to meet the standard
    for judicial admission as provided in the Mental Health and
    Developmental Disabilities Code;
        (4) has been subject to discipline by another state,
    the District of Columbia, a territory of the United States,
    a foreign nation, a governmental agency, or any other
    entity authorized to impose discipline if at least one of
    the grounds for that discipline is the same as or
    equivalent to one of the grounds for discipline set forth
    in this Section or for failing to report to the Department,
    within 30 days, any adverse final action taken against the
    registrant by any other licensing or registering
    jurisdiction, government agency, law enforcement agency,
    or court, or liability for conduct that would constitute
    grounds for action as set forth in this Section;
        (5) fails to make available to the Department personnel
    during normal business hours all records and related
    documents maintained in connection with the activities
    subject to registration under this Section;
        (6) makes or files false records or reports in
    connection with activities subject to registration,
    including but not limited to false records or reports filed
    with State agencies;
        (7) fails to provide information within 30 days in
    response to a written request made by the Department to a
    person designated in the registration for receipt of such
    requests; or
        (8) fails to perform any act or procedure described in
    subsection (c) of this Section.
    (e) Registrations issued pursuant to this Section shall be
defined by rule expire on September 30 of odd-numbered years. A
registrant shall submit a renewal application to the Department
on forms provided by the Department along with the required fee
as established by rule.
    (f) Operating an Internet auction listing service under any
of the circumstances listed in subsection (b) without being
currently registered under this Section is declared to be
adverse to the public welfare, to constitute a public nuisance,
and to cause irreparable harm to the public welfare. The
Secretary, the Attorney General of the State of Illinois, the
State's Attorney of any county in the State, or any other
person may maintain an action and apply for injunctive relief
in any circuit court to enjoin the person or entity from
engaging in such practice.
    (g) The provisions of Sections 20-25, 20-30, 20-35, 20-40,
20-45, 20-50, 20-55, 20-60 and 20-75 of this Act shall apply to
any actions of the Department exercising its authority under
subsection (d) as if a person required to register under this
Section were a person holding or claiming to hold a license
under this Act.
    (h) The Department shall have the authority to adopt such
rules as may be necessary to implement or interpret the
provisions of this Section.
(Source: P.A. 95-572, eff. 6-1-08.)
 
    (225 ILCS 407/10-30)
    (Section scheduled to be repealed on January 1, 2010)
    Sec. 10-30. Expiration, renewal, and continuing education.
    (a) License expiration dates, renewal periods, renewal
fees, and procedures for renewal of licenses issued under this
Act shall be set by rule of the Department. An entity may renew
its license by paying the required fee and by meeting the
renewal requirements adopted by the Department under this
Section.
    (b) All renewal applicants must provide proof as determined
by the Department of having met the continuing education
requirements set forth by the Department by rule. At a minimum,
the rules shall require an applicant for renewal licensure as
an auctioneer or associate auctioneer to provide proof of the
completion of at least 12 hours of continuing education during
the pre-renewal period preceding the expiration date of the
license from schools approved by the Department, as established
by rule.
    (c) The Department, in its discretion, may waive
enforcement of the continuing education requirements of this
Section and shall adopt rules defining the standards and
criteria for such waiver.
    (d) (Blank).
(Source: P.A. 95-572, eff. 6-1-08.)
 
    (225 ILCS 407/10-35)
    (Section scheduled to be repealed on January 1, 2010)
    Sec. 10-35. Completed 45-day permit sponsor card;
termination by sponsoring auctioneer; inoperative status.
    (a) No auctioneer or associate auctioneer shall conduct an
auction or provide an auction service without being properly
sponsored by a licensed auctioneer or auction firm.
    (b) The sponsoring auctioneer or sponsoring auction firm
shall prepare upon forms provided by the Department and deliver
to each auctioneer or associate auctioneer employed by or
associated with the sponsoring auctioneer or sponsoring
auction firm a properly completed duplicate 45-day permit
sponsor card certifying that the person whose name appears
thereon is in fact employed by or associated with said
sponsoring auctioneer or sponsoring auction firm. The
sponsoring auctioneer or sponsoring auction firm shall send the
original 45-day permit sponsor card, along with a valid
terminated license or other authorization as provided by rule
and the appropriate fee, to the Department within 24 hours
after the issuance of the sponsor card. It is a violation of
this Act for any sponsoring auctioneer or sponsoring auction
firm to issue a sponsor card to any auctioneer, associate
auctioneer, or applicant, unless the auctioneer, associate
auctioneer, or applicant presents in hand a valid terminated
license or other authorization, as provided by rule.
    (c) An auctioneer may be self-sponsored or may be sponsored
by another licensed auctioneer or auction firm.
    (d) (Blank). An associate auctioneer must be sponsored by a
licensed auctioneer or auction firm.
    (e) When an auctioneer or associate auctioneer terminates
his or her employment or association with a sponsoring
auctioneer or sponsoring auction firm or the employment or
association is terminated by the sponsoring auctioneer or
sponsoring auction firm, the terminated licensee shall obtain
from that sponsoring auctioneer or sponsoring auction firm his
or her license endorsed by the sponsoring auctioneer or
sponsoring auction firm indicating the termination. The
terminating sponsoring auctioneer or sponsoring auction firm
shall send a copy of the terminated license within 5 days after
the termination to the Department or shall notify the
Department in writing of the termination and explain why a copy
of the terminated license was not surrendered.
    (f) The license of any auctioneer or associate auctioneer
whose association with a sponsoring auctioneer or sponsoring
auction firm has terminated shall automatically become
inoperative immediately upon such termination, unless the
terminated licensee accepts employment or becomes associated
with a new sponsoring auctioneer or sponsoring auction firm
pursuant to subsection (g) of this Section. An inoperative
licensee under this Act shall not conduct an auction or provide
auction services while the license is in inoperative status.
    (g) When a terminated or inoperative auctioneer or
associate auctioneer accepts employment or becomes associated
with a new sponsoring auctioneer or sponsoring auction firm,
the new sponsoring auctioneer or sponsoring auction firm shall
send to the Department a properly completed 45-day permit
sponsor card, the terminated license, and the appropriate fee.
(Source: P.A. 95-572, eff. 6-1-08.)
 
    (225 ILCS 407/10-40)
    (Section scheduled to be repealed on January 1, 2010)
    Sec. 10-40. Restoration.
    (a) A licensee whose license has lapsed or expired shall
have 2 years from the expiration date to restore his or her
license without examination. The expired licensee shall make
application to the Department on forms provided by the
Department, including a properly completed 45-day permit
sponsor card, provide evidence of successful completion of 12
hours of approved continuing education during the period of
time the license had lapsed, and pay all lapsed fees and
penalties as established by administrative rule.
    (b) Notwithstanding any other provisions of this Act to the
contrary, any licensee whose license under this Act has expired
is eligible to restore such license without paying any lapsed
fees and penalties provided that the license expired while the
licensee was:
        (1) on active duty with the United States Army, United
    States Marine Corps, United States Navy, United States Air
    Force, United States Coast Guard, the State Militia called
    into service or training;
        (2) engaged in training or education under the
    supervision of the United States prior to induction into
    military service; or
        (3) serving as an employee of the Department, while the
    employee was required to surrender his or her license due
    to a possible conflict of interest.
    A licensee shall be eligible to restore a license under the
provisions of this subsection for a period of 2 years following
the termination of the service, education, or training by
providing a properly completed application and 45-day permit
sponsor card, provided that the termination was by other than
dishonorable discharge and provided that the licensee
furnishes the Department with an affidavit specifying that the
licensee has been so engaged.
    (c) At any time after the suspension, revocation, placement
on probationary status, or other disciplinary action taken
under this Act with reference to any license, the Department
may restore the license to the licensee without examination
upon the order of the Secretary, if the licensee submits a
properly completed application and 45-day permit sponsor card,
pays appropriate fees, and otherwise complies with the
conditions of the order.
(Source: P.A. 95-331, eff. 8-21-07; 95-572, eff. 6-1-08.)
 
    (225 ILCS 407/10-45)
    (Section scheduled to be repealed on January 1, 2010)
    Sec. 10-45. Nonresident auctioneer reciprocity.
    (a) A person holding a license to engage in auctions issued
to him or her by the proper authority of a state, territory, or
possession of the United States of America or the District of
Columbia that has licensing requirements equal to or
substantially equivalent to the requirements of this State and
that otherwise meets the requirements of this Act may obtain a
license under this Act without examination, provided:
        (1) that the Department has entered into a valid
    reciprocal agreement with the proper authority of the
    state, territory, or possession of the United States of
    America or the District of Columbia from which the
    nonresident applicant has a valid license;
        (2) that the applicant provides the Department with a
    certificate of good standing from the applicant's resident
    state of licensure;
        (3) that the applicant completes and submits an
    application as provided by the Department; and
        (4) that the applicant pays all applicable fees
    required under this Act.
    (b) A nonresident applicant shall file an irrevocable
consent with the Department that actions may be commenced
against the applicant or nonresident licensee in a court of
competent jurisdiction in this State by the service of summons,
process, or other pleading authorized by the law upon the
Secretary. The consent shall stipulate and agree that service
of the process, summons, or pleading upon the Secretary shall
be taken and held in all courts to be valid and binding as if
actual service had been made upon the applicant in Illinois. If
a summons, process, or other pleading is served upon the
Secretary, it shall be by duplicate copies, one of which shall
be retained by the Department and the other immediately
forwarded by certified or registered mail to the last known
business address of the applicant or nonresident licensee
against whom the summons, process, or other pleading may be
directed.
(Source: P.A. 95-572, eff. 6-1-08.)
 
    (225 ILCS 407/10-50)
    (Section scheduled to be repealed on January 1, 2010)
    Sec. 10-50. Fees; disposition of funds. Fees shall be
determined by rule and shall be non-refundable.
    (a) The Department shall establish by rule a schedule of
fees for the administration and maintenance of this Act. Such
fees shall be nonrefundable.
    (b) All fees collected under this Act shall be deposited
into the General Professions Dedicated Fund and appropriated to
the Department for the ordinary and contingent expenses of the
Department in the administration of this Act. The Department
shall provide by administrative rule for fees to be collected
from licensees and applicants to cover the statutory
requirements for funding the Auctioneer Recovery Fund. The
Department may also provide by administrative rule for general
fees to cover the reasonable expenses of carrying out other
functions and responsibilities under this Act.
(Source: P.A. 95-572, eff. 6-1-08.)
 
    (225 ILCS 407/15-5)
    (Section scheduled to be repealed on January 1, 2010)
    Sec. 15-5. Representations. An auctioneer, associate
auctioneer, or auction firm, or the sponsored licensees,
agents, or employees of an auctioneer or auction firm,
conducting an auction or providing an auction service shall
not:
        (1) misrepresent a fact material to a purchaser's
    decision to buy at or by auction;
        (2) predict specific or immediate increases in the
    value of any item offered for sale at auction; or
        (3) materially misrepresent the qualities or
    characteristics of any item offered for sale at auction.
(Source: P.A. 91-603, eff. 1-1-00.)
 
    (225 ILCS 407/15-10)
    (Section scheduled to be repealed on January 1, 2010)
    Sec. 15-10. Auction contract. Any auctioneer, associate
auctioneer, or auction firm shall not conduct an auction or
provide an auction service, unless the auctioneer, associate
auctioneer, or auction firm enters into a written or oral
auction contract with the seller of any property at auction
prior to the date of the auction. Any agreement shall state
whether the auction is with reserve or absolute. The agreement
shall be signed by the auctioneer, associate auctioneer, or
auction firm conducting an auction or providing an auction
service and the seller or sellers, or the legal agent of the
seller or sellers of the property to be offered at or by
auction, and shall include, but not be limited to the following
disclosures:
        (1) Licensees shall disclose:
            (A) the name, license number, business address,
        and phone number of the auctioneer, associate
        auctioneer, or auction firm conducting an auction or
        providing an auction service;
            (B) the fee to be paid to the auctioneer, associate
        auctioneer, or auction firm for conducting an auction
        or providing an auction service; and
            (C) an estimate of the advertising costs that shall
        be paid by the seller or sellers of property at auction
        and a disclosure that, if the actual advertising costs
        exceeds 120% of the estimated advertising cost, the
        auctioneer, associate auctioneer, or auction firm
        shall pay the advertising costs that exceed 120% of the
        estimated advertising costs or shall have the seller or
        sellers agree in writing to pay for the actual
        advertising costs in excess of 120% of the estimated
        advertising costs.
            (D) the buyer premium and the party to the
        transaction that receives it.
        (2) Sellers shall disclose:
            (A) the name, address, and phone number of the
        seller or sellers or the legal agent of the seller or
        sellers of property to be sold at auction; and
            (B) any mortgage, lien, easement, or encumbrance
        of which the seller has knowledge on any property or
        goods to be sold or leased at or by auction.
(Source: P.A. 91-603, eff. 1-1-00.)
 
    (225 ILCS 407/20-5)
    (Section scheduled to be repealed on January 1, 2010)
    Sec. 20-5. Unlicensed practice; civil penalty.
    (a) Any person who practices, offers to practice, attempts
to practice, or holds oneself out to practice as an auctioneer,
an associate auctioneer, an auction firm, or any other licensee
under this Act 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
for each offense as determined by the Department. The civil
penalty fine shall be assessed by the Department after a
hearing is held in accordance with the provisions set forth in
this Act regarding a hearing for the discipline of a license.
    (b) The Department has the authority and power to
investigate any and all unlicensed activity pursuant to this
Act.
    (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 from any court of
record.
    (d) Conducting an auction or providing an auction service
in Illinois without holding a valid and current license under
this Act is declared to be adverse to the public welfare, to
constitute a public nuisance, and to cause irreparable harm to
the public welfare. The Secretary, the Attorney General, the
State's Attorney of any county in the State, or any other
person may maintain an action in the name of the People of the
State of Illinois and may apply for injunctive relief in any
circuit court to enjoin the person or entity from engaging in
such practice.
    Upon the filing of a verified petition in a circuit court,
the court, if satisfied by affidavit or otherwise that the
person or entity has been engaged in the practice of auctioning
without a valid and current license, may enter a temporary
restraining order without notice or bond enjoining the
defendant from further practice. Only the showing of
non-licensure, by affidavit or otherwise, is necessary in order
for a temporary injunction to be issued. A copy of the verified
complaint shall be served upon the defendant and the
proceedings shall thereafter be conducted as in other civil
cases except as modified by this Section. If it is established
that the defendant has been or is engaged in unlawful practice,
the court may enter an order or judgment perpetually enjoining
the defendant from further practice. In all proceedings
hereunder, the court, in its discretion, may apportion the
costs among the parties interested in the action, including
cost of filing the complaint, service of process, witness fees
and expenses, court reporter charges, and reasonable
attorneys' fees. In case of violation of any injunctive order
entered under the provisions of this Section, the court may
summarily try and punish the offender for contempt of court.
These injunction proceedings shall be in addition to, and not
in lieu of, all penalties and other remedies provided in this
Act.
(Source: P.A. 95-572, eff. 6-1-08.)
 
    (225 ILCS 407/20-15)
    (Section scheduled to be repealed on January 1, 2010)
    Sec. 20-15. Disciplinary actions; grounds. The Department
may refuse to issue or renew a license, may place on probation
or administrative supervision, suspend, or revoke any license
or may reprimand or take other disciplinary or non-disciplinary
action as the Department may deem proper, including the
imposition of fines not to exceed $10,000 for each violation
upon anyone licensed under this Act for any of the following
reasons:
        (1) False or fraudulent representation or material
    misstatement in furnishing information to the Department
    in obtaining or seeking to obtain a license.
        (2) Violation of any provision of this Act or the rules
    promulgated pursuant to this Act.
        (3) 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 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. fraud, or larceny,
    embezzlement, or obtaining money, property, or credit by
    false pretenses or by means of a confidence game,
    conviction in this or another state of a crime that is a
    felony under the laws of this State, or conviction of a
    felony in a federal court.
        (4) Being adjudged to be a person under legal
    disability or subject to involuntary admission or to meet
    the standard for judicial admission as provided in the
    Mental Health and Developmental Disabilities Code.
        (5) Discipline of a licensee by another state, the
    District of Columbia, a territory of the United States, a
    foreign nation, a governmental agency, or any other entity
    authorized to impose discipline if at least one of the
    grounds for that discipline is the same as or the
    equivalent to one of the grounds for discipline set forth
    in this Act or for failing to report to the Department,
    within 30 days, any adverse final action taken against the
    licensee by any other licensing jurisdiction, government
    agency, law enforcement agency, or court, or liability for
    conduct that would constitute grounds for action as set
    forth in this Act.
        (6) Engaging in the practice of auctioneering,
    conducting an auction, or providing an auction service
    without a license or after the license was expired,
    revoked, suspended, or terminated or while the license was
    inoperative.
        (7) Attempting to subvert or cheat on the auctioneer
    exam or any continuing education exam, or aiding or
    abetting another to do the same.
        (8) Directly or indirectly giving to or receiving from
    a person, firm, corporation, partnership, or association a
    fee, commission, rebate, or other form of compensation for
    professional service not actually or personally rendered,
    except that an auctioneer licensed under this Act may
    receive a fee from another licensed auctioneer from this
    State or jurisdiction for the referring of a client or
    prospect for auction services to the licensed auctioneer.
        (9) Making any substantial misrepresentation or
    untruthful advertising.
        (10) Making any false promises of a character likely to
    influence, persuade, or induce.
        (11) Pursuing a continued and flagrant course of
    misrepresentation or the making of false promises through a
    licensee, agent, employee, advertising, or otherwise.
        (12) Any misleading or untruthful advertising, or
    using any trade name or insignia of membership in any
    auctioneer association or organization of which the
    licensee is not a member.
        (13) Commingling funds of others with his or her own
    funds or failing to keep the funds of others in an escrow
    or trustee account.
        (14) Failure to account for, remit, or return any
    moneys, property, or documents coming into his or her
    possession that belong to others, acquired through the
    practice of auctioneering, conducting an auction, or
    providing an auction service within 30 days of the written
    request from the owner of said moneys, property, or
    documents.
        (15) Failure to maintain and deposit into a special
    account, separate and apart from any personal or other
    business accounts, all moneys belonging to others
    entrusted to a licensee while acting as an auctioneer,
    associate auctioneer, auction firm, or as a temporary
    custodian of the funds of others.
        (16) Failure to make available to Department personnel
    during normal business hours all escrow and trustee records
    and related documents maintained in connection with the
    practice of auctioneering, conducting an auction, or
    providing an auction service within 24 hours after a
    request from Department personnel.
        (17) Making or filing false records or reports in his
    or her practice, including but not limited to false records
    or reports filed with State agencies.
        (18) Failing to voluntarily furnish copies of all
    written instruments prepared by the auctioneer and signed
    by all parties to all parties at the time of execution.
        (19) Failing to provide information within 30 days in
    response to a written request made by the Department.
        (20) Engaging in any act that constitutes a violation
    of Section 2-102, 3-103, or 3-105 of the Illinois Human
    Rights Act.
        (21) (Blank) Causing a payment from the Auction
    Recovery Fund.
        (22) Engaging in dishonorable, unethical, or
    unprofessional conduct of a character likely to deceive,
    defraud, or harm the public.
        (23) Offering or advertising real estate for sale or
    lease at auction without a valid broker or salesperson's
    license under the Real Estate License Act of 1983, or any
    successor Act, unless exempt from licensure under the terms
    of the Real Estate License Act of 2000 2001, or any
    successor Act.
        (24) Inability to practice the profession with
    reasonable judgement, skill, or safety as a result of a
    physical illness, including, but not limited to,
    deterioration through the aging process or loss of motor
    skill, or a mental illness or disability. Physical illness,
    mental illness, or other impairment including without
    limitation deterioration through the aging process, mental
    illness, or disability that results in the inability to
    practice the profession with reasonable judgment, skill,
    and safety.
        (25) A pattern of practice or other behavior that
    demonstrates incapacity or incompetence to practice under
    this Act.
        (26) Being named as a perpetrator in an indicated
    report by the Department of Children and Family Services
    under the Abused and Neglected Child Reporting Act and upon
    proof by clear and convincing evidence that the licensee
    has caused a child to be an abused child or a neglected
    child as defined in the Abused and Neglected Child
    Reporting Act.
        (27) Inability to practice with reasonable judgement,
    skill, or safety as a result of habitual or excessive use
    or addiction to alcohol, narcotics, stimulants, or any
    other chemical agent or drug. Habitual or excessive use or
    addiction to alcohol, narcotics, stimulants, or any other
    chemical agent or drug that results in a licensee's
    inability to practice with reasonable judgment, skill, or
    safety.
        (28) Wilfully failing to report an instance of
    suspected child abuse or neglect as required by the Abused
    and Neglected Child Reporting Act.
    The entry of an order by a circuit court establishing that
any person holding a license under this Act is subject to
involuntary admission or judicial admission, as provided for in
the Mental Health and Developmental Disabilities Code,
operates as an automatic suspension of that license. That
person may have his or her license restored only upon the
determination by a circuit court that the patient is no longer
subject to involuntary admission or judicial admission and the
issuance of an order so finding and discharging the patient and
upon the Board's recommendation to the Department that the
license be restored. Where circumstances so indicate, the Board
may recommend to the Department that it require an examination
prior to restoring a suspended license.
    If the Department or Board finds an individual unable to
practice because of the reasons set forth in this Section, the
Department or Board may require that individual to submit to
care, counseling, or treatment by physicians approved or
designated by the Department or Board, as a condition, term, or
restriction for continued, reinstated, or renewed licensure to
practice; or, in lieu of care, counseling, or treatment, the
Department may file, or the Board may recommend to the
Department to file, a complaint to immediately suspend, revoke,
or otherwise discipline the license of the individual. An
individual 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
Secretary for a determination as to whether the individual
shall have his or her license suspended immediately, pending a
hearing by the Department. In instances in which the Secretary
immediately suspends a person's license under this Section, a
hearing on that person's license must be convened by the
Department within 21 days after the suspension and completed
without appreciable delay. The Department and Board shall have
the authority to review the subject individual's record of
treatment and counseling regarding the impairment to the extent
permitted by applicable federal statutes and regulations
safeguarding the confidentiality of medical records.
    An individual licensed under this Act and affected under
this Section shall be afforded an opportunity to demonstrate to
the Department or Board that he or she can resume practice in
compliance with acceptable and prevailing standards under the
provisions of his or her license.
    In enforcing this Section, the Department or Board, upon a
showing of a possible violation, may compel an individual
licensed to practice under this Act, or who has applied for
licensure under this Act, to submit to a mental or physical
examination, or both, as required by and at the expense of the
Department. The Department or Board may order the examining
physician to present testimony concerning the 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
examining physicians shall be specifically designated by the
Board or Department. The individual to be examined may have, at
his or her own expense, another physician of his or her choice
present during all aspects of this examination. Failure of an
individual to submit to a mental or physical examination when
directed shall be grounds for suspension of his or her license
until the individual submits to the examination, if the
Department finds that, after notice and hearing, the refusal to
submit to the examination was without reasonable cause.
(Source: P.A. 95-572, eff. 6-1-08.)
 
    (225 ILCS 407/20-40)
    (Section scheduled to be repealed on January 1, 2010)
    Sec. 20-40. Hearings; record of hearings.
    (a) The Department shall have the authority to conduct
hearings before the Advisory Board on proceedings to revoke,
suspend, place on probation or administrative review,
reprimand, or refuse to issue or renew any license under this
Act or to impose a civil penalty not to exceed $10,000 upon any
licensee under this Act.
    (b) The Department, at its expense, shall preserve a record
of all proceedings at the formal hearing of any case. The
notice of hearing, complaint, all other documents in the nature
of pleadings, written motions filed in the proceedings, the
transcripts of testimony, the report of the Board, and orders
of the Department shall be in the record of the proceeding. The
Department shall furnish a transcript of such record to any
person interested in such hearing upon payment of the fee
required under Section 2105-115 of the Department of
Professional Regulation Law (20 ILCS 2105/2105-115). The
Department, at its expense, shall preserve a record of all
proceedings at the formal hearing of any case involving the
discipline of any license under this Act. 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 order
of the Department shall be the record of proceeding. At all
hearings or prehearing conference, the Department and the
respondent shall be entitled to have a court reporter in
attendance for purposes of transcribing the proceeding or
prehearing conference.
(Source: P.A. 95-572, eff. 6-1-08.)
 
    (225 ILCS 407/20-43 new)
    Sec. 20-43. Investigations; notice and hearing. The
Department may investigate the actions of any applicant or
person rendering or offering to render auction services, or
holding or claiming to hold a license as a licensed auctioneer.
At least 30 days before any disciplinary hearing under this
Act, the Department shall: (i) notify the accused in writing of
the charges made and the time and place of the hearing; (ii)
direct the accused to file with the Board a written answer
under oath to the charges within 20 days of receiving service
of the notice; and (iii) inform the accused that if he or she
fails to file an answer to the charges within 20 days of
receiving service of the notice, a default judgement may be
entered against him or her, or his or her license may be
suspended, revoked, placed on probationary status, or other
disciplinary action taken with regard to the license as the
Department may consider proper, including, but not limited to,
limiting the scope, nature, or extent of the licensee's
practice, or imposing a fine.
    At the time and place of the hearing fixed in the notice,
the Board shall proceed to hear the charges and the accused or
his or her counsel shall be accorded ample opportunity to
present any pertinent statements, testimony, evidence, and
arguments in his or her defense. The Board may continue the
hearing when it deems it appropriate.
    Written notice of the hearing may be served by personal
delivery or by certified mail to the last known address of
record, unless specified as otherwise by the accused in his or
her last communication with the Department.
 
    (225 ILCS 407/20-50)
    (Section scheduled to be repealed on January 1, 2010)
    Sec. 20-50. Findings and recommendations. Board's findings
of fact, conclusions of law, and recommendation to the
Secretary. At the conclusion of the hearing, the Board shall
present to the Secretary a written report of its findings of
fact, conclusions of law, and recommendations. The report shall
contain a finding whether or not the accused person violated
this Act or any rules promulgated pursuant to this Act. The
Board shall specify the nature of any violations and shall make
its recommendations to the Secretary. In making
recommendations for any disciplinary action, the Board may take
into consideration all facts and circumstances bearing upon the
reasonableness of the conduct of the accused, including, but
not limited to, previous discipline of the accused by the
Department, intent, degree of harm to the public and likelihood
of future harm to the public, any restitution made by the
accused, and whether the incident or incidents contained in the
complaint appear to be isolated or represent a continuing
pattern of conduct. In making its recommendations for
discipline, the Board shall endeavor to ensure that the
severity of the discipline recommended is reasonably
proportional to the severity of the violation.
    The report of the Board's findings of fact, conclusions of
law, and recommendations shall be the basis for the
Department's decision to refuse to issue, restore, or renew a
license, or to take any other disciplinary action. If the
Secretary disagrees with the recommendations of the Board, the
Secretary may issue an order in contravention of the Board
recommendations. The report's findings are not admissible in
evidence against the person in a criminal prosecution brought
for a violation of this Act, but the hearing and findings are
not a bar to a criminal prosecution for the violation of this
Act. At the conclusion of the hearing, the Advisory Board shall
present to the Secretary a written report of its findings of
facts, conclusions of law, and recommendations regarding
discipline or a fine. The report shall contain a finding
whether or not the accused person violated this Act or failed
to comply with the conditions required in this Act. The
Advisory Board shall specify the nature of the violation or
failure to comply and shall make its recommendations to the
Secretary.
    If the Secretary disagrees in any regard with the report of
the Advisory Board, the Secretary may issue an order in
contravention of the report. The Secretary shall provide a
written report to the Advisory Board on any deviation and shall
specify with particularity the reasons for that action in the
final order.
(Source: P.A. 95-572, eff. 6-1-08.)
 
    (225 ILCS 407/20-55)
    (Section scheduled to be repealed on January 1, 2010)
    Sec. 20-55. Appointment of a hearing officer. Motion for
rehearing; rehearing. The Secretary has the authority to
appoint any attorney licensed to practice law in the State of
Illinois to serve as the hearing officer in any action for
refusal to issue, restore, or renew a license or to discipline
a licensee. The hearing officer has full authority to conduct
the hearing. Any Board member may attend hearings. The hearing
officer shall report his or her findings of fact, conclusions
of law, and recommendations to the Board. The Board shall
review the report of the hearing officer and present its
findings of fact, conclusions of law, and recommendations to
the Secretary and to all parties to the proceedings.
    If the Secretary disagrees with the recommendations of the
Board or hearing officer, the Secretary may issue an order in
contravention of the Board's recommendations. In any hearing
involving the discipline of a license, a copy of the Advisory
Board's report shall be served upon the respondent by the
Department, either personally or as provided in this Act for
the service of the notice of hearing. Within 20 calendar days
after the service, the respondent may present to the Department
a motion in writing for a rehearing, which shall specify the
particular grounds for rehearing.
    If no motion for rehearing is filed, then upon the
expiration of the time specified for filing a motion, or if a
motion for rehearing is denied, then upon denial, the Secretary
may enter an order in accordance with the recommendations of
the Advisory Board, except as provided for in this Act. If the
respondent orders a transcript of the record from the reporting
service and pays for it within the time for filing a motion for
rehearing, the 20 calendar day period within which a motion for
rehearing may be filed shall commence upon the delivery of the
transcript to the respondent.
    Whenever the Secretary is not satisfied that substantial
justice has been done in the hearing or in the Advisory Board's
report, the Secretary may order a rehearing by the same.
(Source: P.A. 95-572, eff. 6-1-08.)
 
    (225 ILCS 407/20-56 new)
    Sec. 20-56. Board; rehearing. At the conclusion of the
hearing, a copy of the Board's report shall be served upon the
applicant or licensee by the Department, either personally or
as provided in this Act for the service of a notice of hearing.
Within 20 days after service, the applicant or licensee may
present to the Department a motion in writing for a rehearing,
which shall specify the particular grounds for rehearing. The
Department may respond to the motion for rehearing within 20
days after its service on the Department. If no motion for
rehearing is filed, then upon the expiration of the time
specified for filing such a motion, or if a motion for
rehearing is denied, then upon denial, the Secretary may enter
an order in accordance with recommendations of the Board except
as provided in Section 120 of this Act. If the applicant or
licensee orders from the reporting service and pays for a
transcript of the record within the time for filing a motion
for rehearing, the 20-day period within which a motion may be
filed shall commence upon the delivery of the transcript to the
applicant or licensee.
 
    (225 ILCS 407/20-80)
    (Section scheduled to be repealed on January 1, 2010)
    Sec. 20-80. Summary suspension. The Secretary may
temporarily suspend any license pursuant to this Act, without
hearing, simultaneously with the institution of proceedings
for a hearing provided for in this Act, if the Secretary finds
that the evidence indicates that the public interest, safety,
or welfare requires emergency action. In the event that the
Secretary temporarily suspends any license without a hearing, a
hearing shall be commenced held within 30 calendar days after
the suspension has begun. The suspended licensee may seek a
continuance of the hearing during which the suspension shall
remain in effect. The proceeding shall be concluded without
appreciable delay.
(Source: P.A. 95-572, eff. 6-1-08.)
 
    (225 ILCS 407/30-7 new)
    Sec. 30-7. Department; powers and duties. The Department
shall exercise the powers and duties prescribed by the Civil
Administrative Code of Illinois for the administration of
licensing acts and shall exercise such other powers and duties
as are prescribed by this Act. The Department may contract with
third parties for services necessary for the proper
administration of this Act.
 
    (225 ILCS 407/30-13 new)
    Sec. 30-13. The General Professions Dedicated Fund. All of
the fees, fines, and penalties collected under this Act shall
be deposited into the General Professions Dedicated Fund. The
monies deposited into the General Professions Dedicated Fund
shall be used by the Department, as appropriated, for the
ordinary and contingent expenses of the Department. Monies in
the General Professions Dedicated Fund may be invested and
reinvested, with all earnings received from investments to be
deposited into that Fund and used for the same purposes as fees
deposited in that Fund.
 
    (225 ILCS 407/30-30)
    (Section scheduled to be repealed on January 1, 2010)
    Sec. 30-30. Auction Advisory Board.
    (a) There is hereby created the Auction Advisory Board. The
Advisory Board shall consist of 7 members and shall be
appointed by the Secretary. In making the appointments, the
Secretary shall give due consideration to the recommendations
by members and organizations of the industry, including but not
limited to the Illinois State Auctioneers Association. Five
members of the Advisory Board shall be licensed auctioneers,
except that for the initial appointments, these members may be
persons without a license, but who have been auctioneers for at
least 5 years preceding their appointment to the Advisory
Board. One member shall be a public member who represents the
interests of consumers and who is not licensed under this Act
or the spouse of a person licensed under this Act or who has
any responsibility for management or formation of policy of or
any financial interest in the auctioneering profession or any
other connection with the profession. One member shall be
actively engaged in the real estate industry and licensed as a
broker or salesperson. The Advisory Board shall annually elect
one of its members to serve as Chairperson.
    (b) Members shall be appointed for a term of 4 years,
except that of the initial appointments, 3 members shall be
appointed to serve a term of 3 years and 4 members shall be
appointed to serve a term of 4 years. The Secretary shall fill
a vacancy for the remainder of any unexpired term. Each member
shall serve on the Advisory Board until his or her successor is
appointed and qualified. No person shall be appointed to serve
more than 2 terms, including the unexpired portion of a term
due to vacancy. To the extent practicable, the Secretary shall
appoint members to insure that the various geographic regions
of the State are properly represented on the Advisory Board.
    (c) Four A majority of the Advisory Board members currently
appointed shall constitute a quorum. A quorum is required for
all Board decisions A vacancy in the membership of the Advisory
Board shall not impair the right of a quorum to exercise all of
the rights and perform all the duties of the Board.
    (d) Each member of the Advisory Board shall receive a per
diem stipend in an amount to be determined by the Secretary.
Each member shall be paid his or her necessary expenses while
engaged in the performance of his or her duties.
    (e) Members of the Advisory Board shall be immune from suit
in an action based upon any disciplinary proceedings or other
acts performed in good faith as members of the Advisory Board.
    (f) The Advisory Board shall meet monthly or as convened by
the Department Chairperson.
    (g) The Advisory Board shall advise the Department on
matters of licensing and education and make recommendations to
the Department on those matters and shall hear and make
recommendations to the Secretary on disciplinary matters that
require a formal evidentiary hearing.
    (h) The Secretary shall give due consideration to all
recommendations of the Advisory Board.
(Source: P.A. 95-572, eff. 6-1-08.)
 
    (225 ILCS 407/10-15 rep.)
    (225 ILCS 407/10-25 rep.)
    (225 ILCS 407/15-20 rep.)
    (225 ILCS 407/20-45 rep.)
    (225 ILCS 407/20-90 rep.)
    (225 ILCS 407/30-15 rep.)
    (225 ILCS 407/30-20 rep.)
    (225 ILCS 407/30-25 rep.)
    (225 ILCS 407/30-35 rep.)
    (225 ILCS 407/30-40 rep.)
    (225 ILCS 407/30-45 rep.)
    Section 25. The Auction License Act is amended by repealing
Sections 10-15, 10-25, 15-20, 20-45, 20-90, 30-15, 30-20,
30-25, 30-35, 30-40 and 30-45.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.