Public Act 096-1327
 
HB6001 EnrolledLRB096 20707 ASK 36434 b

    AN ACT concerning regulation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Professional Geologist Licensing Act is
amended by changing Sections 15, 20, 25, 30, 35, 40, 45, 50,
54, 60, 65, 70, 75, 80, 85, 90, 110, 120, 125, 135, 140, 145,
and 160 as follows:
 
    (225 ILCS 745/15)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 15. Definitions. In this Act:
    "Board" means the Board of Licensing for Professional
Geologists.
    "Department" means the Department of Financial and
Professional Regulation.
    "Geologist" means an individual who, by reason of his or
her knowledge of geology, mathematics, and the physical and
life sciences, acquired by education and practical experience
as defined by this Act, is capable of practicing the science of
geology.
    "Geology" means the science that includes the treatment of
the earth and its origin and history including, but not limited
to, (i) the investigation of the earth's crust and interior and
the solids and fluids, including all surface and underground
waters, gases, and other materials that compose the earth as
they may relate to geologic processes; (ii) the study of the
natural agents, forces, and processes that cause changes in the
earth; and (iii) the utilization of this knowledge of the earth
and its solids, fluids, and gases, and their collective
properties and processes, for the benefit of humankind.
    "Person" or "individual" means a natural person.
    "Practice of professional geology" means the performance
of, or the offer to perform, the services of a geologist,
including consultation, investigation, evaluation, planning,
mapping, inspection of geologic work, and other services that
require extensive knowledge of geologic laws, formulas,
principles, practice, and methods of data interpretation.
    A person shall be construed to practice or offer to
practice professional geology, within the meaning and intent of
this Act, if that person (i) by verbal claim, sign,
advertisement, letterhead, card, or any other means,
represents himself or herself to be a Licensed Professional
Geologist professional geologist or through the use of some
title implies that he or she is a Licensed Professional
Geologist professional geologist or is licensed under this Act
or (ii) holds himself or herself out as able to perform or does
perform services or work defined in this Act as the practice of
professional geology.
    Examples of the practice of professional geology include,
but are not limited to, the conduct of, or responsible charge
for, the following types of activities: (i) mapping, sampling,
and analysis of earth materials, interpretation of data, and
the preparation of oral or written testimony regarding the
probable geological causes of events; (ii) planning, review,
and supervision of data gathering activities, interpretation
of geological data gathered by direct and indirect means,
preparation and interpretation of geological maps,
cross-sections, interpretive maps and reports for the purpose
of determining evaluating regional or site specific geological
conditions; (iii) the planning, review, and supervision of data
gathering activities and interpretation of data on regional or
site specific geological characteristics affecting
groundwater; (iv) the interpretation of geological conditions
on the surface of the Earth and at depth in the Earth at a
specific site on the Earth's surface for the purpose of
determining whether those conditions correspond to a geologic
map of the site or a legally specified geological requirement
for the site; and (v) the conducting of environmental property
audits.
    "Licensed Professional Geologist professional geologist"
means an individual who is licensed under this Act to engage in
the practice of professional geology in Illinois.
    "Responsible charge" means the independent control and
direction, by use of initiative, skill, and independent
judgment, of geological work or the supervision of that work.
    "Secretary" means the Secretary of Financial and
Professional Regulation.
(Source: P.A. 96-666, eff. 8-25-09.)
 
    (225 ILCS 745/20)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 20. Exemptions. Nothing in this Act shall be construed
to restrict the use of the title "geologist" or similar words
by any person engaged in a practice of geology exempted under
this Act, provided the person does not hold himself or herself
out as being a Licensed Professional Geologist licensed
professional geologist or does not practice professional
geology in a manner requiring licensure under this Act.
Performance of the following activities does not require
licensure as a licensed professional geologist under this Act:
    (a) The practice of professional geology by an employee or
a subordinate of a licensee under this Act, provided the work
does not include responsible charge of geological work and is
performed under the direct supervision of a Licensed
Professional Geologist licensed professional geologist who is
responsible for the work.
    (b) The practice of professional geology by officers and
employees of the United States government within the scope of
their employment.
    (c) The practice of professional geology as geologic
research to advance basic knowledge for the purpose of offering
scientific papers, publications, or other presentations (i)
before meetings of scientific societies, (ii) internal to a
partnership, corporation, proprietorship, or government
agency, or (iii) for publication in scientific journals, or in
books.
    (d) The teaching of geology in schools, colleges, or
universities, as defined by rule.
    (e) The practice of professional geology exclusively in the
exploration for or development of energy resources or base,
precious and nonprecious minerals, including sand, gravel, and
aggregate, that does not require, by law, rule, or ordinance,
the submission of reports, documents, or oral or written
testimony to public agencies. Public agencies may, by law or by
rule, allow required oral or written testimony, reports, permit
applications, or other documents based on the science of
geology to be submitted to them by persons not licensed under
this Act. Unless otherwise required by State or federal law,
public agencies may not require that the geology-based aspects
of testimony, reports, permits, or other documents so exempted
be reviewed by, approved, or otherwise certified by any person
who is not a Licensed Professional Geologist licensed
professional geologist. Licensure is not required for the
submission and review of reports or documents or the provision
of oral or written testimony made under the Well Abandonment
Act, the Illinois Oil and Gas Act, the Surface Coal Mining Land
Conservation and Reclamation Act, or the Surface-Mined Land
Conservation and Reclamation Act.
    (f) The practice of professional engineering as defined in
the Professional Engineering Practice Act of 1989.
    (g) The practice of structural engineering as defined in
the Structural Engineering Practice Act of 1989.
    (h) The practice of architecture as defined in the Illinois
Architecture Practice Act of 1989.
    (i) The practice of land surveying as defined in the
Illinois Professional Land Surveyor Act of 1989.
    (j) The practice of landscape architecture as defined in
the Illinois Landscape Architecture Act of 1989.
    (k) The practice of professional geology for a period not
to exceed 9 months by any person pursuing a course of study
leading to a degree in geology from an accredited college or
university, as set forth in this Act and as established by
rule, provided that (i) such practice constitutes a part of a
supervised course of study, (ii) the person is under the
supervision of a geologist licensed under this Act or a teacher
of geology at an accredited college or university, and (iii)
the person is designated by a title that clearly indicates his
or her status as a student or trainee.
(Source: P.A. 96-666, eff. 8-25-09.)
 
    (225 ILCS 745/25)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 25. Restrictions and limitations. No person shall,
without a valid license issued by the Department (i) in any
manner hold himself or herself out to the public as a Licensed
Professional Geologist licensed professional geologist; (ii)
attach the title "Licensed Professional Geologist" to his or
her name; or (iii) render or offer to render to individuals,
corporations, or public agencies services constituting the
practice of professional geology.
    Individuals practicing geology in Illinois as of the
effective date of this amendatory Act of 1997 may continue to
practice as provided in this Act until the Department has
adopted rules implementing this Act. To continue practicing
geology after the adoption of rules, individuals shall apply
for licensure within 180 days after the effective date of the
rules. If an application is received during the 180-day period,
the individual may continue to practice until the Department
acts to grant or deny licensure. If an application is not filed
within the 180-day period, the individual must cease the
practice of geology at the conclusion of the 180-day period and
until the Department acts to grant a license to the individual.
(Source: P.A. 89-366, eff. 7-1-96; 90-61, eff. 12-30-97.)
 
    (225 ILCS 745/30)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 30. Powers and duties of the Department. Subject to
the provisions of this Act, the Department may:
    (a) Authorize examinations to ascertain the qualifications
and fitness of applicants for licensing as a Licensed
Professional Geologist licensed professional geologists or as
a Licensed Specialty Geologist licensed specialty geologists,
as defined by the Board, and pass upon the qualifications of
applicants for licensure by endorsement.
    (b) Conduct hearings on proceedings to refuse to issue or
renew or to revoke licenses or suspend, place on probation, or
reprimand persons licensed under this Act, and to refuse to
issue or renew or to revoke licenses, or suspend, place on
probation, or reprimand persons licensed under this Act.
    (c) Formulate rules required for the administration of this
Act.
    (d) Obtain written recommendations from the Board
regarding (i) definitions of curriculum content and approval of
geological curricula, standards of professional conduct, and
formal disciplinary actions and the formulation of rules
affecting these matters and (ii) when petitioned by the
applicant, opinions regarding the qualifications of applicants
for licensing.
    (e) Maintain rosters of the names and addresses of all
licensees, and all persons whose licenses have been suspended,
revoked, or denied renewal for cause within the previous
calendar year. These rosters shall be available upon written
request and payment of the required fee.
(Source: P.A. 89-366, eff. 7-1-96.)
 
    (225 ILCS 745/35)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 35. Board of Licensing for Professional Geologists;
members; qualifications; duties.
    (a) The Director shall appoint a Board of Licensing for
Professional Geologists which shall serve in an advisory
capacity to the Director. The Board shall be composed of 8
persons, 7 of whom shall be voting members appointed by the
Director, who shall give due consideration to recommendations
by members of the profession of geology and of geology
organizations within the State. In addition, the State
Geologist or his or her designated representative, shall be an
advisory, non-voting member of the Board.
    (b) Insofar as possible, the geologists appointed to serve
on the Board shall be generally representative of the
occupational and geographical distribution of geologists
within this State.
    (c) Of the 7 appointed voting members of the Board, 6 shall
be geologists and one shall be a member of the general public
with no family or business connection with the practice of
geology.
    (d) Each of the first appointed geologist members of the
Board shall have at least 10 years of active geological
experience and shall possess the education and experience
required for licensure. Each subsequently appointed geologist
member of the Board shall be a Licensed Professional Geologist
professional geologist licensed under this Act.
    (e) Of the initial appointments, the Director shall appoint
3 voting members for a term of 4 years, 2 voting members for a
term of 3 years, and 2 voting members for a term of 2 years.
Thereafter, voting members shall be appointed for 4-year terms.
Terms shall commence on the 3rd Monday in January.
    (f) Members shall hold office until the expiration of their
terms or until their successors have been appointed and have
qualified.
    (g) No voting member of the Board shall serve more than 2
consecutive full terms.
    (h) Vacancies in the membership of the Board shall be
filled by appointment for the unexpired term.
    (i) The Director may remove or suspend any appointed member
of the Board for cause at any time before the expiration of his
or her term.
    (j) The Board shall annually elect one of its members as
chairperson.
    (k) The members of the Board shall be reimbursed for all
legitimate and necessary expenses authorized by the Department
incurred in attending the meetings of the Board.
    (l) The Board may make recommendations to the Director to
establish the examinations and their method of grading.
    (m) The Board may submit written recommendations to the
Director concerning formulation of rules and a Code of
Professional Conduct and Ethics. The Board may recommend or
endorse revisions and amendments to the Code and to the rules
from time to time.
    (n) The Board may make recommendations on matters relating
to continuing education of Licensed Professional Geologists
licensed professional geologists, including the number of
hours necessary for license renewal, waivers for those unable
to meet that requirement, and acceptable course content. These
recommendations shall not impose an undue burden on the
Department or an unreasonable restriction on those seeking a
license renewal.
    (o) Four voting Board members constitutes a quorum. A
quorum is required for all Board decisions.
(Source: P.A. 96-666, eff. 8-25-09.)
 
    (225 ILCS 745/40)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 40. Application for original license. Applications
for original licenses shall be made to the Department on forms
prescribed by the Department and accompanied by the required
fee. All applications shall contain the information that, in
the judgment of the Department, will enable the Department to
pass on the qualifications of the applicant for a license to
practice as a Licensed Professional Geologist licensed
professional geologist.
(Source: P.A. 89-366, eff. 7-1-96.)
 
    (225 ILCS 745/45)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 45. Examination; failure or refusal to take the
examination.
    (a) The Department shall authorize examinations of
applicants for original licensure as a Professional Geologist
at such times and places as it may determine. The examination
for licensure as a Licensed Professional Geologist
examinations shall be a 2-part examination, with one part of a
character to fairly testing test an applicant's qualifications
to practice professional geology and knowledge of the
fundamental theory and concepts practice of the science of
geology, including subjects that are generally taught in
geology curricula of accredited colleges and universities, and
the other part testing the applicant's knowledge of the
practical application and uses of the theory and science of
geology.
    (b) Applicants for examinations shall pay, either to the
Department or to the designated testing service, a fee covering
the cost of providing the examination. Failure to appear for
the examination on the scheduled date at the time and place
specified after the application for examination has been
received and acknowledged by the Department or the designated
testing service shall result in forfeiture of the examination
fee.
    (c) If the applicant neglects, fails, or refuses to take an
examination or fails to pass an examination for a license under
this Act within 6 3 years after filing an application, the
application shall be denied. However, the applicant may
thereafter submit a new application accompanied by the required
fee. The applicant shall meet the requirements in force at the
time of making the new application.
    (d) The Department may employ consultants for the purpose
of preparing and conducting examinations.
    (e) The Department shall have the authority to adopt or
recognize, in part or in whole, examinations prepared,
administered, or graded by other organizations that are
determined appropriate to measure the qualifications of an
applicant for licensure as a Licensed Professional Geologist
professional geologist.
(Source: P.A. 89-366, eff. 7-1-96.)
 
    (225 ILCS 745/50)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 50. Qualifications for licensure.
    (a) The Department may issue a license to practice as a
Licensed Professional Geologist licensed professional
geologist to any applicant who meets the following
qualifications:
        (1) The applicant has completed an application form and
    paid the required fees.
        (2) The applicant is of good ethical character,
    including compliance with the Code of Professional Conduct
    and Ethics under this Act, and has not committed any act or
    offense in any jurisdiction that would constitute the basis
    for disciplining a Licensed Professional Geologist
    professional geologist licensed under this Act.
        (3) The applicant has earned a degree in geology from
    an accredited college or university, as established by
    rule, with a minimum of 30 semester or 45 quarter hours of
    course credits in geology, of which 24 semester or 36
    quarter hours are in upper level courses. The Department
    may, upon the recommendation of the Board, allow the
    substitution of appropriate experience as a geologist for
    prescribed educational requirements as established by
    rule.
        (4) The applicant has a documented record of a minimum
    of 4 years of professional experience, obtained after
    completion of the education requirements specified in this
    Section, in geologic or directly related work,
    demonstrating that the applicant is qualified to assume
    responsible charge of such work upon licensure as a
    Licensed Professional Geologist professional geologist or
    such specialty of professional geology that the Board may
    recommend and the Department may recognize. The Department
    may require evidence acceptable to it that up to 2 years of
    professional experience have been gained under the
    supervision of a person licensed under this Act or similar
    Acts in any other state, or under the supervision of others
    who, in the opinion of the Department, are qualified to
    have responsible charge of geological work under this Act.
        (5) The applicant has passed an examination authorized
    by the Department for the practice as a Licensed
    Professional Geologist of professional geology.
        (6) The applicant has complied with all other
    requirements of this Act and rules established for the
    implementation of this Act.
    (b) A license to practice as a Licensed Professional
Geologist professional geology shall not be denied any
applicant because of the applicant's race, religion, creed,
national origin, political beliefs or activities, age, sex,
sexual orientation, or physical impairment.
    (c) The Department may establish by rule an intern process
to, in part, allow (1) a graduate who has earned a degree in
geology from an accredited college or university in accordance
with this Act or (2) a student in a degree program at an
accredited college or university who has completed the
necessary course requirements established in this Section to
request to take one or both parts of the examination required
by the Department. The Department may set by rule the criteria
for the process, including, but not limited to, the educational
requirements, exam requirements, experience requirements,
remediation requirements, and any fees or applications
required for the process. The Department may also set by rule
provisions concerning disciplinary guidelines and the use of
the title "intern" or "trainee" by a graduate or student who
has passed the required examination.
(Source: P.A. 96-666, eff. 8-25-09.)
 
    (225 ILCS 745/54)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 54. Previous qualification in other jurisdiction. The
Department may, upon the recommendation of the Board, issue a
license by endorsement to any applicant who, upon applying to
the Department and remitting the required application fee,
meets all of the following qualifications:
        (1) The applicant holds an active, valid license to
    practice professional geology in at least one jurisdiction
    in the United States in which the current requirements for
    licensure are substantially equivalent to or more
    stringent than those required by this Act.
        (2) The applicant is of good ethical character as
    established by the Department in the Code of Professional
    Conduct and Ethics under this Act and has not committed any
    act or offense in any jurisdiction that would constitute
    the basis for discipline under this Act.
        (3) The applicant has met any other qualifications
    recommended to the Department by the Board.
    An applicant has 3 years from the date of application to
complete the application process. If the process has not been
completed within this 3 year period, then the application shall
be denied, the fee shall be forfeited, and the applicant must
re-apply and meet the requirements in effect at the time of
re-application.
(Source: P.A. 89-366, eff. 7-1-96.)
 
    (225 ILCS 745/60)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 60. Seals.
    (a) Upon licensure, each licensee shall obtain a seal of a
design as required by rule bearing the licensee's name, license
number, and the legend "Licensed Professional Geologist".
    (b) All preliminary, draft, and final geologic reports,
documents, permits, affidavits, maps, boring logs, cross
sections, or other records offered to the public and prepared
or issued by or under the supervision of a Licensed
Professional Geologist licensed professional geologist shall
include the full name, signature, and license number of the
licensee, and the date of license expiration of the person who
prepared the document or under whose supervision it was
prepared, and an impression of the licensee's seal, in
accordance with rules issued by the Department.
    (c) The Licensed Professional Geologist licensed
professional geologist who has contract responsibility shall
seal a cover sheet of the professional work products and those
individual portions of the professional work products for which
the Licensed Professional Geologist licensed professional
geologist is legally and professionally responsible. A
Licensed Professional Geologist licensed professional
geologist practicing as the support professional shall seal
those individual portions of professional work products for
which that Licensed Professional Geologist licensed
professional geologist is legally and professionally
responsible.
    (d) The use of a licensed professional geologist's seal on
professional work products constitutes a representation that
the work prepared by or under the personal supervision of that
Licensed Professional Geologist licensed professional
geologist has been prepared and administered in accordance with
the standards of reasonable professional skill and diligence.
    (e) It is unlawful to affix one's seal to professional work
products if it masks the true identity of the person who
actually exercised direction, supervision, and responsible
charge of the preparation of that work. A Licensed Professional
Geologist licensed professional geologist who signs and seals
professional work products is not responsible for damage caused
by subsequent changes to or uses of those professional work
products, if the subsequent changes or uses, including changes
or uses made by State or local government agencies, are not
authorized or approved by the Licensed Professional Geologist
licensed professional geologist who originally signed and
sealed the professional work products.
(Source: P.A. 89-366, eff. 7-1-96.)
 
    (225 ILCS 745/65)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 65. Expiration and renewal of license. The expiration
date and renewal period for each license shall be set by rule.
A Licensed Professional Geologist professional geologist whose
license has expired may reinstate his or her license or
enrollment at any time within 5 years after the expiration
thereof, by making a renewal application and by paying the
required fee. However, any Licensed Professional Geologist
professional geologist whose license expired while he or she
was (i) on active duty with the Armed Forces of the United
States or called into service or training by the State militia
or (ii) in training or education under the supervision of the
United States preliminary to induction into the military
service, may have his or her Licensed Professional Geologist
professional geologist license renewed, reinstated, or
restored without paying any lapsed renewal fees if within 2
years after termination of the service, training, or education
the Licensed Professional Geologist professional geologist
furnishes the Department with satisfactory evidence of
service, training, or education and that it has been terminated
under honorable conditions.
    Any professional geologist whose Licensed Professional
Geologist license has expired for more than 5 years may have it
restored by making application to the Department, paying the
required fee, and filing acceptable proof of fitness to have
the license restored. The proof may include sworn evidence
certifying active practice in another jurisdiction. If the
geologist has not practiced for 5 years or more, the Board
shall determine by an evaluation program established by rule,
whether that individual is fit to resume active status as a
Licensed Professional Geologist. The Board and may require the
professional geologist to complete a period of evaluated
professional experience and may require successful completion
of an examination.
    The Department may refuse to issue or may suspend the
license of any person who fails to file a tax return, or to pay
the tax, penalty, or interest shown in a filed return, or to
pay any final assessment of tax, penalty, or interest, as
required by any tax Act administered by the Illinois Department
of Revenue, until such time as the requirements of any such tax
Act are satisfied.
(Source: P.A. 89-366, eff. 7-1-96; 90-61, eff. 12-30-97.)
 
    (225 ILCS 745/70)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 70. Fees.
    (a) Except as provided in subsection (b), the fees for the
administration and enforcement of this Act, including but not
limited to original licensure, renewal, and restoration fees,
shall be set by the Department by rule. The fees shall not be
refundable.
    (b) Applicants for examination shall be required to pay,
either to the Department or the designated testing service, a
fee covering the cost of initial screening to determine the
applicant's eligibility and the cost of providing one or both
parts of the examination. Failure to appear for the examination
on the scheduled date at the time and place specified after the
applicant's application for examination has been received and
acknowledged by the Department or the designated testing
service shall result in the forfeiture of the examination fee.
    (c) All fees and other monies collected under this Act
shall be deposited in the General Professions Dedicated Fund.
(Source: P.A. 89-366, eff. 7-1-96.)
 
    (225 ILCS 745/75)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 75. Returned checks; fines. Any person who delivers a
check or other payment to the Department that is returned to
the Department unpaid by the financial institution upon which
it is drawn shall pay to the Department, in addition to the
amount already owed to the Department, a fine of $50. The fines
imposed by this Section are in addition to any other discipline
provided under this Act for unlicensed practice or practice on
a nonrenewed license. The Department shall notify the person
that payment of fees and fines shall be paid to the Department
by certified check or money order within 30 calendar days of
the notification. If, after the expiration of 30 calendar days
from the date of the notification, the person has failed to
submit the necessary remittance, the Department shall
automatically terminate the license or deny the application,
without hearing. If, after termination or denial, the person
seeks a license to practice as a Licensed Professional
Geologist, he or she shall apply to the Department for
restoration or issuance of the license and pay all fees and
fines due to the Department. The Department may establish a fee
for the processing of an application for restoration of a
license to pay all expenses of processing this application. The
Director may waive the fines due under this Section in
individual cases where the Director finds that the fines would
be unreasonable or unnecessarily burdensome.
(Source: P.A. 92-146, eff. 1-1-02.)
 
    (225 ILCS 745/80)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 80. Disciplinary actions.
    (a) The Department may refuse to issue or renew, or may
revoke, suspend, place on probation, reprimand, or take other
disciplinary action as the Department may deem appropriate,
including fines not to exceed $5,000 for each violation, with
regard to any license for any one or combination of the
following:
        (1) Material misstatement in furnishing information to
    the Department.
        (2) Violations of this Act, or of the rules promulgated
    under this Act.
        (3) Conviction of any crime under the laws of the
    United States or any state or territory of the United
    States 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 licensure or violating any provision of this Act
    or the rules promulgated under this Act pertaining to
    advertising.
        (5) Professional incompetence.
        (6) Gross malpractice.
        (7) Aiding or assisting another person in violating any
    provision of this Act or rules promulgated under this Act.
        (8) Failing, within 60 days, to provide information in
    response to a written request made by the Department.
        (9) Engaging in dishonorable, unethical, or
    unprofessional conduct of a character likely to deceive,
    defraud, or harm the public.
        (10) Habitual or excessive use or addiction to alcohol,
    narcotics, stimulants, or any other chemical agent or drug
    that results in the inability to practice with reasonable
    judgment, skill, or safety.
        (11) Discipline by another state, the District of
    Columbia, a territory of the United States, or a foreign
    nation, if at least one of the grounds for the discipline
    is the same or substantially equivalent to those set forth
    in this Section.
        (12) 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 professional services not actually or personally
    rendered.
        (13) A finding by the Department that the licensee,
    after having his or her license placed on probationary
    status, has violated the terms of probation.
        (14) Willfully making or filing false records or
    reports in his or her practice, including but not limited
    to, false records filed with State agencies or departments.
        (15) Physical illness, including but not limited to,
    deterioration through the aging process, or loss of motor
    skill that results in the inability to practice the
    profession with reasonable judgment, skill, or safety.
        (16) Solicitation of professional services other than
    permitted advertising.
        (17) Conviction of or cash compromise of a charge or
    violation of the Illinois Controlled Substances Act
    regulating narcotics.
        (18) Failure to (i) file a tax return, (ii) pay the
    tax, penalty, or interest shown in a filed return, or (iii)
    pay any final assessment of tax, penalty, or interest, as
    required by any tax Act administered by the Illinois
    Department of Revenue, until the requirements of that tax
    Act are satisfied.
        (19) Conviction by any court of competent
    jurisdiction, either within or outside this State, of any
    violation of any law governing the practice of professional
    geology, if the Department determines, after
    investigation, that the person has not been sufficiently
    rehabilitated to warrant the public trust.
        (20) Gross, willful, or continued overcharging for
    professional services, including filing false statements
    for collection of fees for which services are not rendered.
        (21) Practicing under a false or, except as provided by
    law, an assumed name.
        (22) Fraud or misrepresentation in applying for, or
    procuring, a license to practice as a Licensed Professional
    Geologist under this Act or in connection with applying for
    renewal of a license under this Act.
        (23) Cheating on or attempting to subvert the licensing
    examination administered under this Act.
    (b) The determination by a circuit court that a licensee is
subject to involuntary admission or judicial admission as
provided in the Mental Health and Developmental Disabilities
Code operates as an automatic suspension. The suspension will
end only upon a finding by a court that the licensee is no
longer subject to the involuntary admission or judicial
admission and issues an order so finding and discharging the
licensee; and upon the recommendation of the Board to the
Director that the licensee be allowed to resume his or her
practice.
(Source: P.A. 89-366, eff. 7-1-96.)
 
    (225 ILCS 745/85)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 85. Injunctive action; cease and desist order.
    (a) If any person violates the provisions of this Act, the
Director, in the name of the People of the State of Illinois,
through the Attorney General or the State's Attorney of the
county in which the violation is alleged to have occurred, may
petition for an order enjoining the violation or for an order
enforcing compliance with this Act. Upon the filing of a
verified petition, the court with appropriate jurisdiction may
issue a temporary restraining order, without notice or bond,
and may preliminarily and permanently enjoin the violation. If
it is established that the person has violated or is violating
the injunction, the court may punish the offender for contempt
of court. Proceedings under this Section are in addition to,
and not in lieu of, all other remedies and penalties provided
by this Act.
    (b) If a person practices as a Licensed Professional
Geologist licensed professional geologist or holds himself or
herself out as a Licensed Professional Geologist licensed
professional geologist in Illinois, without being licensed to
do so under this Act, then any Licensed Professional Geologist
licensed professional geologist, interested party, or any
person injured thereby may petition for relief as provided in
subsection (a) of this Section.
    (c) 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
at least 7 days from the date of the rule to file an answer
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. 89-366, eff. 7-1-96.)
 
    (225 ILCS 745/90)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 90. Investigations; notice and hearing. The
Department may investigate the actions of any applicant or of
any person or persons rendering or offering to render
geological services or any person holding or claiming to hold a
license as a Licensed Professional Geologist licensed
professional geologist. The Department shall, before revoking,
suspending, placing on probation, reprimanding, or taking any
other disciplinary action under Section 80 of this Act, at
least 30 days before the date set for the hearing, (i) notify
the accused in writing of the charges made and the time and
place for the hearing on the charges, (ii) direct him or her to
file a written answer to the charges with the Board under oath
within 20 days after the service on him or her of the notice,
and (iii) inform the accused that, if he or she fails to
answer, default will be taken against him or her or that his or
her license may be suspended, revoked, placed on probationary
status, or other disciplinary action taken with regard to the
license, including limiting the scope, nature, or extent of his
or her practice, as the Department may consider proper. At the
time and place fixed in the notice, the Board shall proceed to
hear the charges and the parties or their counsel shall be
accorded ample opportunity to present any pertinent
statements, testimony, evidence, and arguments. The Board may
continue the hearing from time to time. In case the person,
after receiving the notice, fails to file an answer, his or her
license may, in the discretion of the Department, be suspended,
revoked, placed on probationary status, or the Department may
take whatever disciplinary action considered proper, including
limiting the scope, nature, or extent of the person's practice
or the imposition of a fine, without a hearing, if the act or
acts charged constitute sufficient grounds for that action
under this Act. The written notice may be served by personal
delivery or by certified mail to the address specified by the
accused in his or her last notification with the Department.
(Source: P.A. 89-366, eff. 7-1-96.)
 
    (225 ILCS 745/110)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 110. Findings and recommendations. At the conclusion
of the hearing, the Board shall present to the Director 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 its rules or failed
to comply with the conditions required in this Act or its
rules. The Board shall specify the nature of any violations or
failure to comply and shall make its recommendations to the
Director. In making recommendations for any disciplinary
actions, the Board may take into consideration all facts and
circumstances bearing upon the reasonableness of the conduct of
the accused and the potential for future harm to the public,
including but not limited to previous discipline of the accused
by the Department, intent, degree of harm to the public and
likelihood of harm in the future, 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 related to
the severity of the violation.
    The report of findings of fact, conclusions of law, and
recommendation of the Board shall be the basis for the
Department's order refusing to issue, restore, or renew a
person's license to practice as a Licensed Professional
Geologist, or otherwise disciplining a licensee. If the
Director disagrees with the recommendations of the Board, the
Director may issue an order in contravention of the Board
recommendations. The 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 finding is not admissible in
evidence against the person in a criminal prosecution brought
for a violation of this Act, but the hearing and finding are
not a bar to a criminal prosecution brought for a violation of
this Act.
(Source: P.A. 89-366, eff. 7-1-96.)
 
    (225 ILCS 745/120)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 120. Director; rehearing. Whenever the Director
believes that justice has not been done in the revocation,
suspension, or refusal to issue, restore, or renew a person's
license to practice as a Licensed Professional Geologist, or
other discipline of an applicant or licensee, he or she may
order a rehearing by the same or other examiners.
(Source: P.A. 89-366, eff. 7-1-96.)
 
    (225 ILCS 745/125)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 125. Appointment of a hearing officer. The 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, restore, or renew a person's
license to practice as a Licensed Professional Geologist or to
discipline a licensee. 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 or
her findings of fact, conclusions of law, and recommendations
to the Board and the Director. The Board shall have 60 calendar
days from receipt of the report to review the report of the
hearing officer and present its findings of fact, conclusions
of law, and recommendations to the Director. If the Board does
not present its report within the 60-day period, the Director
may issue an order based on the report of the hearing officer.
If the Director disagrees with the recommendation of the Board
or of the hearing officer, the Director may issue an order in
contravention of the recommendation. The Director shall
promptly provide a written report to the Board on any
deviation, and shall specify the reasons for the action in the
final order.
(Source: P.A. 89-366, eff. 7-1-96.)
 
    (225 ILCS 745/135)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 135. Restoration of suspended or revoked license. At
any time after the suspension or revocation of a person's
license to practice as a Licensed Professional Geologist, the
Department may restore it to the licensee, upon the written
recommendation of the Board, unless after an investigation and
a hearing the Board determines that restoration is not in the
public interest.
(Source: P.A. 89-366, eff. 7-1-96.)
 
    (225 ILCS 745/140)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 140. Surrender of license. Upon the revocation or
suspension of a person's license to practice as a Licensed
Professional Geologist, the licensee shall immediately
surrender his or her license to the Department and the
licensee's name and address shall be added to the list of
individuals whose licenses have been revoked, suspended, or
denied renewal for cause. If the licensee fails to surrender
his or her license do so, the Department has the right to seize
the license.
(Source: P.A. 89-366, eff. 7-1-96.)
 
    (225 ILCS 745/145)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 145. Summary suspension of a license. The Director may
summarily suspend the license of a Licensed Professional
Geologist licensed professional geologist without a hearing,
simultaneously with the institution of proceedings for a
hearing provided for in Section 90 of this Act, if the Director
finds that evidence in the Director's possession indicates that
the continuation of practice by a Licensed Professional
Geologist licensed professional geologist would constitute an
imminent danger to the public. In the event that the Director
summarily suspends the license of a Licensed Professional
Geologist licensed professional geologist without a hearing, a
hearing must be commenced within 30 days after the suspension
has occurred and concluded as expeditiously as practical.
(Source: P.A. 89-366, eff. 7-1-96.)
 
    (225 ILCS 745/160)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 160. Violations.
    (a) Using or attempting to use an expired license is a
Class A misdemeanor.
    (b) Each of the following acts is a Class A misdemeanor for
the first offense and a Class 4 felony for a second or
subsequent offense:
        (1) A violation of any provision of this Act or its
    rules, except as noted in subsection (a) of this Section.
        (2) The making of any wilfully false oath or
    affirmation in any matter or proceeding where an oath or
    affirmation is required by this Act.
        (3) Using or attempting to use an inactive, suspended,
    or revoked license or the license or seal of another, or
    impersonating another licensee, or practicing geology as a
    Licensed Professional Geologist licensed professional
    geologist in Illinois while one's license is inactive,
    suspended, or revoked.
        (4) The practice, attempt to practice, or offer to
    practice professional geology in Illinois without a
    license as a Licensed Professional Geologist licensed
    professional geologist. Each day of practicing
    professional geology or attempting to practice
    professional geology, and each instance of offering to
    practice professional geology, without a license as a
    Licensed Professional Geologist licensed professional
    geologist constitutes a separate offense.
        (5) Advertising or displaying any sign or card or other
    device that might indicate to the public that the person or
    entity is entitled to practice as a Licensed Professional
    Geologist licensed professional geologist, unless that
    person holds an active license as a Licensed Professional
    Geologist licensed professional geologist in the State of
    Illinois.
        (6) Obtaining or attempting to obtain a license by
    fraud.
(Source: P.A. 89-366, eff. 7-1-96.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.