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Public Act 096-1327 | ||||
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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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:
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(225 ILCS 745/15)
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(Section scheduled to be repealed on January 1, 2016)
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Sec. 15. Definitions. In this Act:
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"Board" means the Board of Licensing for Professional | ||||
Geologists.
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"Department" means the Department of Financial and | ||||
Professional Regulation.
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"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.
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"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
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properties and processes, for the benefit of humankind.
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"Person" or "individual" means a natural person.
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"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,
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principles, practice, and methods of data interpretation.
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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,
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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
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professional geology.
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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,
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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
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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.
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"Licensed Professional Geologist professional geologist " | ||
means an individual who is licensed under
this Act to engage in | ||
the practice of professional geology in
Illinois.
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"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.
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(Source: P.A. 96-666, eff. 8-25-09.)
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(225 ILCS 745/20)
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(Section scheduled to be repealed on January 1, 2016)
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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.
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Performance of the following activities does not require | ||
licensure as a
licensed professional geologist under this Act:
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(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.
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(b) The practice of professional geology by officers and | ||
employees of the
United States government within the scope of | ||
their employment.
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(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
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partnership, corporation, proprietorship, or government | ||
agency, or (iii) for
publication
in scientific journals, or in | ||
books.
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(d) The teaching of geology in schools, colleges, or | ||
universities, as
defined by rule.
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(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
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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
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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
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professional geologist . Licensure is not required for the
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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.
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(f) The practice of professional engineering as defined in | ||
the Professional
Engineering Practice Act of 1989.
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(g) The practice of structural engineering as defined in | ||
the Structural
Engineering
Practice Act of 1989.
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(h) The practice of architecture as defined in the Illinois | ||
Architecture
Practice Act of 1989.
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(i) The practice of land surveying as defined in the | ||
Illinois Professional
Land Surveyor
Act of 1989.
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(j) The practice of landscape architecture as defined in | ||
the Illinois
Landscape Architecture Act of 1989.
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(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.)
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(225 ILCS 745/25)
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(Section scheduled to be repealed on January 1, 2016)
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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)
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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.
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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.
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(Source: P.A. 89-366, eff. 7-1-96; 90-61, eff. 12-30-97 .)
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(225 ILCS 745/30)
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(Section scheduled to be repealed on January 1, 2016)
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Sec. 30. Powers and duties of the Department. Subject to | ||
the provisions
of this Act, the Department may:
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(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.
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(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.
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(c) Formulate rules required for the administration of this
| ||
Act.
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(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.
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(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.
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(Source: P.A. 89-366, eff. 7-1-96 .)
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(225 ILCS 745/35)
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(Section scheduled to be repealed on January 1, 2016)
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Sec. 35. Board of Licensing for Professional Geologists; | ||
members;
qualifications; duties. | ||
(a) The Director shall appoint a Board of Licensing
for
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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.
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(b) Insofar as possible, the geologists appointed to serve
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on the Board shall be generally representative of the | ||
occupational and
geographical distribution
of geologists | ||
within this State.
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(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.
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(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.
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(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.
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(f) Members shall hold office until the expiration of their | ||
terms or until
their successors have been appointed and have | ||
qualified.
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(g) No voting member of the Board shall serve more than 2 | ||
consecutive full
terms.
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(h) Vacancies in the membership of the Board shall be | ||
filled by appointment
for the unexpired term.
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(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.
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(j) The Board shall annually elect one of its members as | ||
chairperson.
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(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.
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(l) The Board may make recommendations to the Director to | ||
establish the
examinations and their method of grading.
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(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.
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(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.
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(Source: P.A. 96-666, eff. 8-25-09.)
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(225 ILCS 745/40)
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(Section scheduled to be repealed on January 1, 2016)
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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 .)
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(225 ILCS 745/45)
|
(Section scheduled to be repealed on January 1, 2016)
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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)
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(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.
|