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Public Act 098-0445 | ||||
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Regulatory Sunset Act is amended by changing | ||||
Sections 4.24 and by adding 4.34 as follows:
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(5 ILCS 80/4.24)
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Sec. 4.24. Acts and Section repealed on January 1, 2014. | ||||
The following
Acts and Section of an Act are repealed
on | ||||
January 1, 2014:
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The Electrologist Licensing Act.
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The Illinois Certified Shorthand Reporters Act of 1984.
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The Illinois Occupational Therapy Practice Act.
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The Illinois Public Accounting Act.
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The Private Detective, Private Alarm, Private Security, | ||||
Fingerprint Vendor, and Locksmith Act
of 2004.
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The Registered Surgical Assistant and Registered Surgical | ||||
Technologist
Title Protection Act.
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Section 2.5 of the Illinois Plumbing License Law. | ||||
The Veterinary Medicine and Surgery Practice Act of 2004.
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(Source: P.A. 97-1139, eff. 12-28-12.)
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(5 ILCS 80/4.34 new) | ||||
Sec. 4.34. Act repealed on January 1, 2024. The following |
Act is repealed on January 1, 2024: | ||
The Illinois Certified Shorthand Reporters Act of 1984. | ||
Section 10. The Illinois Certified Shorthand Reporters Act | ||
of 1984 is amended by changing Sections 3, 3.5, 4, 6, 7, 8, 9, | ||
10, 11, 14, 15, 16, 17, 18, 19, 20, 23, 23.1, 23.2, 23.3, 23.4, | ||
23.5, 23.6, 23.7, 23.8, 23.9, 23.10, 23.11, 23.12, 23.13, | ||
23.14, 23.15, 23.16, 24, 25, 26.1, and 27 and by adding | ||
Sections 12.1 and 23.2a as follows:
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(225 ILCS 415/3) (from Ch. 111, par. 6203)
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(Section scheduled to be repealed on January 1, 2014)
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Sec. 3. License required. No person may practice shorthand | ||
reporting on a temporary or
permanent basis in this State | ||
without being certified under this Act.
This Act does not | ||
prohibit any non-resident practicing shorthand
reporter from | ||
practicing shorthand reporting in this State as on a purely
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temporary basis with reference to one single proceeding.
| ||
(Source: P.A. 87-481; 87-576 .)
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(225 ILCS 415/3.5)
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(Section scheduled to be repealed on January 1, 2014)
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Sec. 3.5. Uncertified practice; violation; civil penalty.
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(a) Any person who practices, offers to practice, attempts | ||
to practice, or
holds oneself out to practice as a shorthand | ||
reporter without being certified
under this Act shall, in
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addition to any other penalty provided by law, pay a civil | ||
penalty to the
Department in an amount not to exceed $10,000 | ||
$5,000 for each offense as determined by
the Department and the | ||
assessment of costs as provided under Section 23.3 of this Act . | ||
The civil penalty shall be assessed by the Department after a
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hearing is held in accordance with the provisions set forth in | ||
this Act
regarding the provision of a hearing for the | ||
discipline of a licensee.
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(b) The Department has the authority and power to | ||
investigate any and all
unlicensed activity.
| ||
(c) The civil penalty shall be paid within 60 days after | ||
the effective date
of the order imposing the civil penalty. The | ||
order shall constitute a judgment
and may be filed and | ||
execution had thereon in the same manner as any judgment
from | ||
any court of record.
| ||
(d) All moneys collected under this Section shall be | ||
deposited into the General Professions Dedicated Fund. | ||
(Source: P.A. 89-474, eff. 6-18-96 .)
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(225 ILCS 415/4) (from Ch. 111, par. 6204)
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(Section scheduled to be repealed on January 1, 2014)
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Sec. 4. In this Act:
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(1) "Department" means the Department of Financial and | ||
Professional Regulation.
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(2) "Secretary" "Director" means the Secretary Director of | ||
Financial and Professional Regulation.
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(3) "Board" means the Certified Shorthand Reporters Board | ||
appointed by the
Secretary Director .
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(4) "The practice of shorthand reporting" means reporting, | ||
by the use
of any system of manual or mechanical shorthand | ||
writing, of Grand Jury
proceedings, court proceedings, court | ||
related proceedings, pretrial
examinations, depositions, | ||
motions and related proceedings of like
character, or | ||
proceedings of an administrative agency when the final
decision | ||
of the agency with reference thereto is likely to be subject
to | ||
judicial review under the provisions of the Administrative | ||
Review Law.
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(5) "Shorthand reporter" means a person who is technically | ||
qualified and
certified under this Act to practice shorthand | ||
reporting.
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(6) "Stenographic notes" means the original notes by manual | ||
or mechanical
shorthand or shorthand writing taken by a | ||
shorthand reporter of a proceeding
while in attendance at such | ||
proceeding for the purpose of reporting the same.
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(7) "Address of record" means the designated address | ||
recorded by the Department in the applicant's or licensee's | ||
application file or license file as maintained by the | ||
Department's licensure maintenance unit. It is the duty of the | ||
applicant or licensee to inform the Department of any change of | ||
address and those changes must be made either through the | ||
Department's Internet website or by contacting the Department. | ||
(Source: P.A. 87-481; 87-576 .)
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(225 ILCS 415/6) (from Ch. 111, par. 6206)
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(Section scheduled to be repealed on January 1, 2014)
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Sec. 6. Restricted certificate. Upon receipt of a written | ||
request from the Chief Judge of the reporter's circuit,
the | ||
Department shall, upon payment of the required fee, issue to | ||
any
reporter who has been appointed in counties of less than | ||
1,000,000 in
population, has been and examined under the Court | ||
Reporters Act, and has except those who
have achieved an "A" | ||
proficiency rating, a restricted certificate by which
such | ||
official court reporter may then lawfully engage in reporting | ||
only court
proceedings to which he may be assigned by the Chief | ||
Judge of his circuit.
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The Department may refuse to issue or may suspend the
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certificate of any person who fails to file a return, or to pay | ||
the tax,
penalty or interest shown in a filed return, or to pay | ||
any final assessment
of tax, penalty or interest, as required | ||
by any tax Act administered by the
Illinois Department of | ||
Revenue, until such time as the requirements of any
such tax | ||
Act are satisfied.
| ||
(Source: P.A. 95-146, eff. 1-1-08.)
| ||
(225 ILCS 415/7) (from Ch. 111, par. 6207)
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(Section scheduled to be repealed on January 1, 2014)
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Sec. 7. Administration of Act. | ||
(a) The Department shall exercise the powers and duties |
prescribed
by The Civil Administrative Code of Illinois for the | ||
administration of
licensing
Acts and shall exercise such other | ||
powers and duties necessary
for effectuating the purposes of | ||
this Act.
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(b) The Secretary Director may promulgate rules consistent | ||
with the provisions of
this Act for the administration and | ||
enforcement thereof, and for the payment
of fees connected | ||
therewith, and may prescribe forms which shall be issued
in | ||
connection therewith. The rules may shall include standards and | ||
criteria
for licensure and professional conduct and | ||
discipline. The Department may shall
consult with the Board in | ||
promulgating rules. Notice of proposed rulemaking
shall be
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transmitted to the Board and the Department shall review the | ||
Board's response
and any recommendations made therein. The | ||
Department shall notify
the Board in writing with proper | ||
explanation of deviations from the Board's
recommendations and | ||
responses.
| ||
(c) The Department may at any time seek the advice and the | ||
expert knowledge
of the Board on any matter relating to the | ||
administration of this Act.
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(d) (Blank). The Department shall issue quarterly a report | ||
to the Board of the
status of all complaints related to the | ||
profession filed with the Department.
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(Source: P.A. 83-73 .)
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(225 ILCS 415/8) (from Ch. 111, par. 6208)
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(Section scheduled to be repealed on January 1, 2014)
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Sec. 8. Certified Shorthand Reporters Board. The Secretary | ||
Director shall appoint a certified Shorthand Reporters Board
as | ||
follows: 7 persons who shall be appointed by and shall serve in
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an advisory capacity to the Secretary Director . Six members | ||
must be certified shorthand
reporters, in good standing, and | ||
actively engaged in the practice of shorthand
reporting in this | ||
State for ten years, and one member must be a member of
the | ||
public who is not certified under this Act, or a similar Act of | ||
another
jurisdiction.
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Members shall serve 4 year terms and until their successors | ||
are appointed
and qualified , except that of the initial | ||
appointments, one member shall
be appointed to serve for one | ||
year, 2 shall be appointed to serve for 2
years, 2 shall be | ||
appointed to serve for 3 years, and the remaining one,
who | ||
shall be the public member, shall be appointed to serve for 4 | ||
years,
until their successors are appointed and qualified . No | ||
member shall be
reappointed to the Board for a term that would | ||
cause his continuous
service on the Board to be longer than 2 | ||
full consecutive terms. 8 successive years. Service prior to
| ||
the effective date of this amendatory Act of 1991 shall be | ||
considered.
Appointments to fill vacancies
shall be made in the | ||
same manner as original appointments, for the unexpired
portion | ||
of the vacated term. Initial terms shall begin upon the | ||
effective
date of this Act.
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The membership of the Board should reasonably reflect |
representation from
the geographic areas in this State. In | ||
making appointments to the Board,
the Secretary Director shall | ||
give consideration to recommendations by national and
State | ||
organizations of the shorthand reporter profession and shall | ||
promptly
give notice to such organizations of any vacancy in | ||
the membership of the
Board .
| ||
Four members of the Board shall constitute a quorum. A | ||
quorum is required for all Board decisions. | ||
The Secretary may remove or suspend any member of the Board | ||
for cause at any time before the expiration of his or her term. | ||
The Secretary shall be the sole arbiter of cause. Director may | ||
terminate the appointment of any member for cause which
in the | ||
opinion of the Director reasonably justifies such termination.
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The Secretary Director shall consider the recommendations | ||
of the Board on questions
involving standards of professional | ||
conduct, discipline and qualifications
of candidates and | ||
certificate holders under this Act. | ||
Members of the Board shall be reimbursed for all | ||
legitimate, necessary, and authorized expenses incurred in | ||
attending the meetings of the Board.
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Members of the Board have no liability in any action based | ||
upon any disciplinary proceedings or other activity performed | ||
in good faith as members of the Board. | ||
The Director may remove any member who fails to attend 3 | ||
consecutive
meetings unless the member has a medical excuse.
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(Source: P.A. 91-827, eff. 6-13-00 .)
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(225 ILCS 415/9) (from Ch. 111, par. 6209)
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(Section scheduled to be repealed on January 1, 2014)
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Sec. 9. Qualifications. Applications for original | ||
certificates shall be made to the
Department
in writing on | ||
forms prescribed by the Department and shall be accompanied
by | ||
the required fee, which shall not be returnable. Any such | ||
application
shall require such information as in the judgment | ||
of the Department
will enable the Department to pass on the | ||
qualifications of the applicant
for certification.
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In determining competency, the Department shall require | ||
proof that the
applicant has a good understanding of the | ||
English language, including reading,
spelling and vocabulary, | ||
and that the applicant has sufficient ability to
accurately | ||
report any of the matters comprising the practice of shorthand
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reporting as herein defined, by the use of any system of manual | ||
or mechanical
shorthand or shorthand writing, and a clear | ||
understanding of obligations
between a shorthand reporter and | ||
the parties to any proceedings reported,
as well as the | ||
provisions of this Act.
| ||
(Source: P.A. 83-73 .)
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(225 ILCS 415/10) (from Ch. 111, par. 6210)
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(Section scheduled to be repealed on January 1, 2014)
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Sec. 10.
The Department shall authorize examinations at | ||
least annually
and at such time and place as it may designate. |
The examination shall be
of a character to give a fair test of | ||
the qualifications of the applicant
to practice shorthand | ||
reporting.
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Applicants for examination as certified shorthand | ||
reporters shall be required
to pay, either to the Department or | ||
the designated testing service, a fee
covering the cost of | ||
providing the examination. Failure to appear for the
| ||
examination on the scheduled date, at the time and place | ||
specified, after
the applicant's application for examination | ||
has been received and acknowledged
by the Department or the | ||
designated testing service, shall result in the
forfeiture of | ||
the examination fee.
| ||
If an applicant neglects, fails or refuses to take the next | ||
available
examination offered or fails to pass an examination | ||
for certification
under this Act, the application shall be | ||
denied. If an applicant for
examination for certification under | ||
this Act fails to pass the examination
within 3 years after | ||
filing his application, the application shall be
denied. | ||
However, such applicant may thereafter make a new application
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accompanied by the required fee.
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The Department may employ consultants for the purpose of | ||
preparing and
conducting examinations.
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An applicant has one year from the date of notification of
| ||
successful completion of the examination to apply to the | ||
Department for a
license. If an applicant fails to apply within | ||
one year, the applicant shall
be required to take and pass the |
examination again unless licensed in
another jurisdiction of | ||
the United States within one year of passing the
examination.
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(Source: P.A. 86-615 .)
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(225 ILCS 415/11) (from Ch. 111, par. 6211)
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(Section scheduled to be repealed on January 1, 2014)
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Sec. 11. Qualifications; application. A person shall be | ||
qualified for certification as a certified
shorthand reporter | ||
if:
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A. That person has applied in writing in form and substance | ||
to the
Department; and
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(1) (Blank);
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(2) Is of good moral character, the determination of | ||
which shall take
into account but not be totally based upon | ||
any felony conviction of the
applicant; and
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(3) Has graduated from a high school or secondary | ||
school or its
equivalent; and
| ||
B. That person has successfully completed the examination | ||
authorized by
the Department.
| ||
(Source: P.A. 89-387, eff. 8-20-95 .)
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(225 ILCS 415/12.1 new) | ||
Sec. 12.1. Social Security Number on license application. | ||
In addition to any other information required to be contained | ||
in the application, every application for an original license | ||
under this Act shall include the applicant's Social Security |
Number, which shall be retained in the Department's records | ||
pertaining to the license. As soon as practicable, the | ||
Department shall assign a customer's identification number to | ||
each applicant for a license. Every application for a renewal | ||
or restored license shall require the applicant's customer | ||
identification number.
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(225 ILCS 415/14) (from Ch. 111, par. 6214)
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(Section scheduled to be repealed on January 1, 2014)
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Sec. 14. Expiration, renewal, and military service. The | ||
expiration date and renewal period for each certificate issued
| ||
under this Act shall be set by rule.
| ||
Any certified shorthand reporter who has permitted his | ||
certificate to expire
or who has had his certificate on | ||
inactive status may have his certificate
restored by making | ||
application to the Department, filing proof acceptable
to the | ||
Department of his fitness to have his certificate restored and
| ||
paying the required restoration fee. The Department may | ||
consider a
certificate expired less than 5 years as prima facie | ||
evidence that the
applicant is fit. If a certificate has | ||
expired or has been placed on
inactive status and the applicant | ||
has practiced in another jurisdiction
during such period, | ||
satisfactory proof of fitness may include
sworn evidence | ||
certifying to active practice in another jurisdiction.
| ||
If the certified shorthand reporter has not maintained an | ||
active practice
in another jurisdiction satisfactory to the |
Department, the Department shall
determine, by an evaluation | ||
program established by rule, his fitness to
resume active | ||
status and shall, by rule, establish procedures and | ||
requirements for restoration may require the certified | ||
shorthand reporter to
successfully complete a practical | ||
examination .
| ||
However, any certified shorthand reporter whose | ||
certificate expired while
he was (1) in Federal Service on | ||
active duty with the Armed Forces of the
United States, or the | ||
State Militia called into service or training, or
(2) in | ||
training or education under the supervision of the United | ||
States
preliminary to induction into the military service, may | ||
have his certificate
renewed or restored without paying any | ||
lapsed renewal fees if within 2 years
after termination of such | ||
service, training or education except under
conditions other | ||
than honorable, he furnished the Department with
satisfactory | ||
evidence to the effect that he has been so engaged and that
his | ||
service, training or education has been so terminated.
| ||
(Source: P.A. 84-427 .)
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(225 ILCS 415/15) (from Ch. 111, par. 6215)
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(Section scheduled to be repealed on January 1, 2014)
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Sec. 15. Inactive status. Any certified shorthand reporter | ||
who notifies the Department
in writing on forms prescribed by | ||
the Department, may elect to place his
certificate on an | ||
inactive status and shall, subject to rules of the
Department,
|
be excused from payment of renewal fees until he notifies the | ||
Department
in writing of his desire to resume active status.
| ||
Any certified shorthand reporter requesting restoration | ||
from inactive status
shall be required to pay the current | ||
renewal fee and shall be required to
restore his certificate, | ||
as provided in Section 14.
| ||
Any certified shorthand reporter whose certificate is in an | ||
inactive status
shall not practice shorthand reporting in the | ||
State of Illinois.
| ||
(Source: P.A. 83-73 .)
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(225 ILCS 415/16) (from Ch. 111, par. 6216)
| ||
(Section scheduled to be repealed on January 1, 2014)
| ||
Sec. 16. Endorsement; licensure without examination. The | ||
Department may certify shall register as a certified
shorthand | ||
reporter, without examination, on payment of the required fee,
| ||
an applicant who is a certified shorthand reporter registered | ||
under the
laws of another jurisdiction, if the requirements for | ||
certification of
certified shorthand reporters in that | ||
jurisdiction were, at the date of his
certification, | ||
substantially equivalent to the requirements in force in
this | ||
State on that date.
| ||
Applicants have 3 years from the date of application to | ||
complete the
application process. If the process has not been | ||
completed in 3
years, the application shall be denied, the fee | ||
forfeited and the
applicant must reapply and meet the |
requirements in effect at the time
of reapplication.
| ||
(Source: P.A. 86-615; 87-481; 87-576 .)
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(225 ILCS 415/17) (from Ch. 111, par. 6217)
| ||
(Section scheduled to be repealed on January 1, 2014)
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Sec. 17. Fees; returned checks ; expiration while in | ||
military .
| ||
(a) The
fees for the administration and enforcement of this | ||
Act,
including but not limited to, original certification, | ||
renewal and
restoration of a license issued under this Act , | ||
shall be set by rule. The fees shall be nonrefundable.
| ||
(b) All fees, fines, and penalties Beginning July 1, 2003, | ||
all of the fees and fines collected under this
Act shall be | ||
deposited into the General Professions Dedicated Fund and shall | ||
be appropriated to the Department for the ordinary and | ||
contingent expenses of the Department in the administration of | ||
this Act .
| ||
(c) 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 | ||
prohibiting 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 days from the date | ||
of the
notification, the person has failed to submit the | ||
necessary remittance, the
Department shall automatically | ||
terminate the license or certificate or deny
the application, | ||
without hearing. If, after termination or denial, the
person | ||
seeks a license or certificate, he or she shall apply to the
| ||
Department for restoration or issuance of the license or | ||
certificate 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 or
certificate to pay | ||
all expenses of processing this application. The Secretary | ||
Director
may waive the fines due under this Section in | ||
individual cases where the
Secretary Director finds that the | ||
fines would be unreasonable or unnecessarily
burdensome.
| ||
However, any person whose license has expired while he has | ||
been engaged
(l) in federal or state service active duty, or | ||
(2) in training or education
under the supervision of the | ||
United States preliminary to induction into
the military | ||
service, may have his license renewed, reinstated or restored
| ||
without paying any lapsed renewal and restoration fees, if | ||
within 2 years
after termination of such service, training or | ||
education other than by
dishonorable discharge, he furnishes | ||
the Department with satisfactory proof
that he has been so | ||
engaged and that his service, training or education has
been so | ||
terminated.
|
(Source: P.A. 92-146, eff. 1-1-02; 93-32, eff. 7-1-03; 93-460, | ||
eff. 8-8-03.)
| ||
(225 ILCS 415/18) (from Ch. 111, par. 6218)
| ||
(Section scheduled to be repealed on January 1, 2014)
| ||
Sec. 18. Roster. The Department shall maintain a roster of | ||
the names and addresses
of all certificate holders and of all | ||
persons whose certificates have been
suspended, revoked or | ||
placed on inactive or nonrenewed status within the
previous | ||
year. This
roster shall be available upon written request and | ||
payment of the required fee.
| ||
(Source: P.A. 83-73 .)
| ||
(225 ILCS 415/19) (from Ch. 111, par. 6219)
| ||
(Section scheduled to be repealed on January 1, 2014)
| ||
Sec. 19. Advertising. Any person certified under this Act | ||
may advertise the availability
of professional services in the | ||
public media or on the premises where such
professional | ||
services are rendered as permitted by law, on the condition
| ||
that such advertising is truthful and not misleading and is in | ||
conformity
with rules promulgated by the Department. | ||
Advertisements shall not include false, fraudulent, deceptive, | ||
or misleading material or guarantees of success. | ||
Advertisements shall also not include any offers of any gift or | ||
item of value to attorneys or their staff or any other persons | ||
or entities associated with any litigation.
|
(Source: P.A. 83-73 .)
| ||
(225 ILCS 415/20) (from Ch. 111, par. 6220)
| ||
(Section scheduled to be repealed on January 1, 2014)
| ||
Sec. 20. Professional service corporations. Nothing in | ||
this Act shall restrict certificate holders from forming
| ||
professional service corporations under the provisions of the | ||
Professional
Service Corporation Act.
| ||
(Source: P.A. 83-73 .)
| ||
(225 ILCS 415/23) (from Ch. 111, par. 6223)
| ||
(Section scheduled to be repealed on January 1, 2014)
| ||
Sec. 23. Grounds for disciplinary action.
| ||
(a) The Department may refuse to issue or renew, or may | ||
revoke,
suspend, place on probation, reprimand or take other | ||
disciplinary
or non-disciplinary action as the Department may | ||
deem appropriate, including imposing fines not to
exceed | ||
$10,000 $5,000 for each violation and the assessment of costs | ||
as provided for in Section 23.3 of this Act , 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 | ||
thereunder;
| ||
(3) Conviction by plea of guilty or nolo contendere, | ||
finding of guilt, jury verdict, or entry of judgment or by |
sentencing of any crime, including, but not limited to, | ||
convictions, preceding sentences of supervision, | ||
conditional discharge, or first offender probation under | ||
the laws of any jurisdiction of the United States: (i) that | ||
is a felony or (ii) that is a misdemeanor, an essential | ||
element of which is dishonesty, or that is directly related | ||
to the practice of the profession; of any crime under the | ||
laws of the United States or any
state or territory thereof | ||
which is a felony or which is a misdemeanor,
an essential | ||
element of which is dishonesty, or of any crime which is | ||
directly
related to the practice of shorthand reporting;
| ||
(4) Fraud or Making any misrepresentation in applying | ||
for or procuring a license under this Act or in connection | ||
with applying for renewal of a license under this Act; for | ||
the purpose of obtaining
certification,
or violating any | ||
provision of this Act or the rules promulgated thereunder
| ||
pertaining to advertising;
| ||
(5) Professional incompetence; Having demonstrated | ||
unworthiness, or incompetency to act as a
certified | ||
shorthand reporter in such manner as to safeguard the | ||
interest of the public;
| ||
(6) Aiding or assisting another person, firm, | ||
partnership or corporation
in violating any provision of | ||
this Act or rules;
| ||
(7) Failing, within 60 days, to provide information in | ||
response to a
written request made by the Department;
|
(8) Engaging in dishonorable, unethical or | ||
unprofessional conduct of a
character likely to deceive, | ||
defraud or harm the public;
| ||
(9) Habitual or excessive use or abuse of drugs defined | ||
in law as controlled substances, alcohol, or any other | ||
substances that results in the inability to practice with | ||
reasonable judgment, skill, or safety; intoxication or | ||
addiction to the use of drugs;
| ||
(10) Discipline by another state, unit of government, | ||
government agency, the District of Columbia, a territory,
| ||
or foreign nation, if at least one of the grounds for the | ||
discipline is
the same or substantially equivalent to those | ||
set forth herein;
| ||
(11) Charging for professional services not rendered, | ||
including filing false statements for the collection of | ||
fees for which services were not rendered, or giving, | ||
directly or indirectly, any gift or anything of value to | ||
attorneys or their staff or any other persons or entities | ||
associated with any litigation, that exceeds $100 total per | ||
year; for the purposes of this Section, pro bono services, | ||
as defined by State law, are permissible in any amount; | ||
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;
| ||
(12) A finding by the Board that the certificate |
holder, after having
his certificate placed on | ||
probationary status, has violated the terms of
probation;
| ||
(13) Willfully making or filing false records or | ||
reports in the practice
of shorthand reporting, including | ||
but not limited to false records filed
with State agencies | ||
or departments;
| ||
(14) Physical illness, including but not limited to, | ||
deterioration through
the aging process, or loss of motor | ||
skill which results in the inability
to practice under this | ||
Act the profession with reasonable judgment, skill or | ||
safety;
| ||
(15) Solicitation of professional services other than | ||
by permitted
advertising;
| ||
(16) Willful failure to take full and accurate | ||
stenographic notes of
any proceeding;
| ||
(17) Willful alteration of any stenographic notes | ||
taken at any proceeding;
| ||
(18) Willful failure to accurately transcribe verbatim | ||
any stenographic
notes taken at any proceeding;
| ||
(19) Willful alteration of a transcript of | ||
stenographic notes taken at
any proceeding;
| ||
(20) Affixing one's signature to any transcript of his | ||
stenographic notes
or certifying to its correctness unless | ||
the transcript has been prepared
by him or under his | ||
immediate supervision;
| ||
(21) Willful failure to systematically retain |
stenographic notes or transcripts on paper or any | ||
electronic media for 10 5 years
from the date that the | ||
notes or transcripts were taken or for 5 years from the
end | ||
of litigation ;
| ||
(22) Failure to deliver transcripts in a timely manner | ||
or in accordance
with contractual agreements;
| ||
(23) Establishing contingent fees as a basis of | ||
compensation ; .
| ||
(24) Mental illness or disability that results in the | ||
inability to practice under this Act with reasonable | ||
judgment, skill, or safety; | ||
(25) Practicing under a false or assumed name, except | ||
as provided by law; | ||
(26) Cheating on or attempting to subvert the licensing | ||
examination administered under this Act; | ||
(27) Allowing one's license under this Act to be used | ||
by an unlicensed person in violation of this Act. | ||
All fines imposed under this Section shall be paid within | ||
60 days after the effective date of the order imposing the fine | ||
or in accordance with the terms set forth in the order imposing | ||
the fine. | ||
(b) The determination by a circuit court that a certificate | ||
holder is
subject to involuntary admission or judicial | ||
admission as provided in the
Mental Health and Developmental | ||
Disabilities Code, operates as an automatic
suspension. Such | ||
suspension will end only upon a
finding by a court that the |
patient is no longer subject to involuntary
admission or | ||
judicial admission, an order by the court so finding and
| ||
discharging the patient . In any case where a license is | ||
suspended under this Section, the licensee may file a petition | ||
for restoration and shall include evidence acceptable to the | ||
Department that the licensee can resume practice in compliance | ||
with acceptable and prevailing standards of the profession. , | ||
and the recommendation of the Board to the
Director that the | ||
certificate holder be allowed to resume his practice.
| ||
(c) In cases where the Department of Healthcare and Family | ||
Services has previously determined a licensee or a potential | ||
licensee is more than 30 days delinquent in the payment of | ||
child support and has subsequently certified the delinquency to | ||
the Department, the Department may refuse to issue or renew or | ||
may revoke or suspend that person's license or may take other | ||
disciplinary action against that person based solely upon the | ||
certification of delinquency made by the Department of | ||
Healthcare and Family Services in accordance with item (5) of | ||
subsection (g) of Section 1205-15 of the Civil Administrative | ||
Code of Illinois. | ||
(d) In enforcing this Section, the Department, upon a | ||
showing of a possible violation, may compel any individual who | ||
is certified under this Act or any individual who has applied | ||
for certification under this Act to submit to a mental or | ||
physical examination and evaluation, or both, which may include | ||
a substance abuse or sexual offender evaluation, at the expense |
of the Department. The Department shall specifically designate | ||
the examining physician licensed to practice medicine in all of | ||
its branches or, if applicable, the multidisciplinary team | ||
involved in providing the mental or physical examination and | ||
evaluation, or both. The multidisciplinary team shall be led by | ||
a physician licensed to practice medicine in all of its | ||
branches and may consist of one or more or a combination of | ||
physicians licensed to practice medicine in all of its | ||
branches, licensed chiropractic physicians, licensed clinical | ||
psychologists, licensed clinical social workers, licensed | ||
clinical professional counselors, and other professional and | ||
administrative staff. Any examining physician or member of the | ||
multidisciplinary team may require any person ordered to submit | ||
to an examination and evaluation pursuant to this Section to | ||
submit to any additional supplemental testing deemed necessary | ||
to complete any examination or evaluation process, including, | ||
but not limited to, blood testing, urinalysis, psychological | ||
testing, or neuropsychological testing. | ||
The Department may order the examining physician or any | ||
member of the multidisciplinary team to provide to the | ||
Department any and all records, including business records, | ||
that relate to the examination and evaluation, including any | ||
supplemental testing performed. The Department may order the | ||
examining physician or any member of the multidisciplinary team | ||
to present testimony concerning this examination and | ||
evaluation of the certified shorthand reporter or applicant, |
including testimony concerning any supplemental testing or | ||
documents relating to the examination and evaluation. No | ||
information, report, record, or other documents in any way | ||
related to the examination and evaluation shall be excluded by | ||
reason of any common law or statutory privilege relating to | ||
communication between the licensee or applicant and the | ||
examining physician or any member of the multidisciplinary | ||
team. No authorization is necessary from the certified | ||
shorthand reporter or applicant ordered to undergo an | ||
evaluation and examination for the examining physician or any | ||
member of the multidisciplinary team to provide information, | ||
reports, records, or other documents or to provide any | ||
testimony regarding the examination and evaluation. The | ||
individual to be examined may have, at his or her own expense, | ||
another physician of his or her choice present during all | ||
aspects of the examination. | ||
Failure of any individual to submit to mental or physical | ||
examination and evaluation, or both, when directed, shall | ||
result in an automatic suspension, without hearing, until such | ||
time as the individual submits to the examination. If the | ||
Department finds a certified shorthand reporter unable to | ||
practice because of the reasons set forth in this Section, the | ||
Department shall require the certified shorthand reporter to | ||
submit to care, counseling, or treatment by physicians approved | ||
or designated by the Department, as a condition for continued, | ||
reinstated, or renewed certification. |
When the Secretary immediately suspends a certificate | ||
under this Section, a hearing upon the person's certificate | ||
must be convened by the Department within 15 days after the | ||
suspension and completed without appreciable delay. The | ||
Department shall have the authority to review the certified | ||
shorthand reporter's record of treatment and counseling | ||
regarding the impairment, to the extent permitted by applicable | ||
federal statutes and regulations safeguarding the | ||
confidentiality of medical records. | ||
Individuals certified under this Act, affected under this | ||
Section, shall be afforded an opportunity to demonstrate to the | ||
Department that they can resume practice in compliance with | ||
acceptable and prevailing standards under the provisions of | ||
their certification. | ||
(e) The Department shall deny a license or renewal | ||
authorized by this Act to a person who has defaulted on an | ||
educational loan or scholarship provided or guaranteed by the | ||
Illinois Student Assistance Commission or any governmental | ||
agency of this State in accordance with item (5) of subsection | ||
(g) of Section 2105-15 of the Civil Administrative Code of | ||
Illinois. | ||
(f) The Department may refuse to issue or may suspend | ||
without hearing, as provided for in the Code of Civil | ||
Procedure, the license of any person who fails to file a | ||
return, to pay the tax, penalty, or interest shown in a filed | ||
return, or to pay any final assessment of tax, penalty, or |
interest as required by any tax Act administered by the | ||
Illinois Department of Revenue, until such time as the | ||
requirements of any such tax Act are satisfied in accordance | ||
with subsection (g) of Section 2105-15 of the Civil | ||
Administrative Code of Illinois. | ||
(Source: P.A. 91-558, eff. 8-14-99 .)
| ||
(225 ILCS 415/23.1) (from Ch. 111, par. 6224)
| ||
(Section scheduled to be repealed on January 1, 2014)
| ||
Sec. 23.1. Injunctive actions; order to cease and desist. | ||
(a) If any person violates the provisions of this Act,
the | ||
Secretary Director may, in the name of the People of the State | ||
of Illinois, through
the Attorney General of the State of | ||
Illinois or the State's Attorney of the county in which the | ||
violation is alleged to have occurred , petition for an order | ||
enjoining
such violation or for an order enforcing compliance | ||
with this Act. Upon the
filing of a verified petition in such | ||
court, the court may issue a temporary
restraining order, | ||
without notice or bond, and may preliminarily and
permanently
| ||
enjoin such violation. If it is established that such person | ||
has violated
or is violating the injunction, the court may | ||
punish the offender for contempt
of court. Proceedings under | ||
this Section shall be in addition to, and not
in lieu of, all | ||
other remedies and penalties provided by this Act.
| ||
(b) If any person practices shall practice as a certified | ||
shorthand reporter or holds
hold himself or herself out as a |
certified shorthand reporter without being licensed
under the | ||
provisions of this Act then any certified shorthand reporter,
| ||
any interested party or any person injured thereby may, in | ||
addition to the
Secretary Director , petition for relief as | ||
provided in subsection (a).
| ||
(c) Whenever in the opinion of the Department any person | ||
violates any
provision of this Act, the Department may issue a | ||
rule to show cause why
an order to cease and desist should not | ||
be entered against that individual him . The rule
shall clearly | ||
set forth the grounds relied upon by the Department and shall
| ||
provide a period of 7 days from the date of the rule to file an | ||
answer to
the satisfaction of the Department. Failure to answer | ||
to the satisfaction
of the Department shall cause an order to | ||
cease and desist to be issued
forthwith.
| ||
(Source: P.A. 83-73 .)
| ||
(225 ILCS 415/23.2) (from Ch. 111, par. 6225)
| ||
(Section scheduled to be repealed on January 1, 2014)
| ||
Sec. 23.2. Investigations; notice and hearing . The | ||
Department may investigate
the actions of any applicant or of | ||
any person or persons holding or claiming to
hold a | ||
certificate. The Department shall, before refusing to issue or | ||
renew, or
taking disciplinary action against, a certificate, at | ||
least 30 days prior to
the date set for the hearing, notify in | ||
writing the applicant for, or holder
of, a certificate of the | ||
nature of the charges and the time and place for that a hearing |
will be held
on the charges date designated . The Department | ||
shall direct the applicant or licensee
to file a written answer | ||
to the charges with the Board under oath within 20 days after | ||
the
service of the notice and inform the applicant or licensee | ||
that failure to file
an answer will result in default being | ||
taken against the applicant or licensee . At the time and place | ||
fixed in the notice, the Department 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 Department 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 revoked, | ||
suspended, or 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 and any notice in the | ||
subsequent proceeding may be served by registered or certified | ||
mail to the licensee's address of record.
and that the license | ||
or certificate may be suspended, revoked, placed on
| ||
probationary status, or other disciplinary action may be taken, | ||
including
limiting the scope, nature or extent of practice, as | ||
the Director may deem
proper. Written notice may be served by | ||
personal delivery or certified
or registered mail to the |
respondent at the address of his last notification
to the | ||
Department. In case the person fails to file an answer after | ||
receiving
notice, his or her license or certificate may, in the | ||
discretion of the
Department, be suspended, revoked, or placed | ||
on probationary status, or the
Department may take whatever | ||
disciplinary action deemed proper, including
limiting the | ||
scope, nature, or extent of the person's practice or the
| ||
imposition of a fine, without a hearing, if the act or acts | ||
charged constitute
sufficient grounds for such action under | ||
this Act. At the time and place fixed
in the notice, the Board | ||
shall proceed to hear the charges and the parties or
their | ||
counsel shall be accorded ample opportunity to present any | ||
statements,
testimony, evidence and argument as may be | ||
pertinent to the charges or to their
defense. The Board may | ||
continue a hearing from time to time.
| ||
(Source: P.A. 87-1031 .)
| ||
(225 ILCS 415/23.2a new) | ||
Sec. 23.2a. Confidentiality. All information collected by | ||
the Department in the course of an examination or investigation | ||
of a licensee or applicant, including, but not limited to, any | ||
complaint against a licensee filed with the Department and | ||
information collected to investigate any such complaint, shall | ||
be maintained for the confidential use of the Department and | ||
shall not be disclosed. The Department may not disclose the | ||
information to anyone other than law enforcement officials, |
other regulatory agencies that have an appropriate regulatory | ||
interest as determined by the Secretary, or to a party | ||
presenting a lawful subpoena to the Department. Information and | ||
documents disclosed to a federal, State, county, or local law | ||
enforcement agency shall not be disclosed by the agency for any | ||
purpose to any other agency or person. A formal complaint filed | ||
against a licensee by the Department or any order issued by the | ||
Department against a licensee or applicant shall be a public | ||
record, except as otherwise prohibited by law.
| ||
(225 ILCS 415/23.3) (from Ch. 111, par. 6226)
| ||
(Section scheduled to be repealed on January 1, 2014)
| ||
Sec. 23.3. Records of proceedings. The Department, at its | ||
expense, shall preserve a record
of all proceedings at the | ||
formal hearing of any case involving the refusal
to issue or | ||
renew, or the taking of disciplinary action against, a | ||
certificate .
The notice of hearing, complaint and all other | ||
documents in the nature of
pleadings and written motions filed | ||
in the proceedings, the transcript of
testimony, the report
of | ||
the Board and orders of the Department, shall be the record of | ||
such
proceeding. Any certified shorthand reporter who is found | ||
to have violated this Act or who fails to appear for a hearing | ||
to refuse to issue, restore, or renew a license or to | ||
discipline a licensee may be required by the Department to pay | ||
for the costs of the proceeding. These costs are limited to | ||
costs for court reporters, transcripts, and witness attendance |
and mileage fees. All costs imposed under this Section shall be | ||
paid within 60 days after the effective date of the order | ||
imposing the fine.
| ||
(Source: P.A. 83-73 .)
| ||
(225 ILCS 415/23.4) (from Ch. 111, par. 6227)
| ||
(Section scheduled to be repealed on January 1, 2014)
| ||
Sec. 23.4. Subpoenas; oaths. The Department may shall have | ||
the power to subpoena and bring
before it any person in this | ||
State and to take the oral or written testimony or compel the | ||
production of any books, papers, records, or any other | ||
documents that the Secretary or his or her designee deems | ||
relevant or material to an investigation or hearing conducted | ||
by the Department either orally or
by deposition, or both, with | ||
the same fees and mileage and in the same manner
as prescribed | ||
by law in judicial procedure in civil cases in courts of this
| ||
State.
| ||
The Secretary Director , the designated hearing officer, | ||
any and every member of the Board , or a certified shorthand | ||
court reporter may shall have power to administer oaths to | ||
witnesses at any hearing which the
Department conducts. | ||
Notwithstanding any other statute or Department rule to the | ||
contrary, all requests for testimony and production of | ||
documents or records shall be in accordance with this Act. is | ||
authorized by law to conduct, and any other oaths required or
| ||
authorized in any Act administered by the Department.
|
(Source: P.A. 83-73 .)
| ||
(225 ILCS 415/23.5) (from Ch. 111, par. 6228)
| ||
(Section scheduled to be repealed on January 1, 2014)
| ||
Sec. 23.5. Compelling testimony; contempt. Any circuit | ||
court may , upon application of the Department
or its designee, | ||
or the applicant or certificate holder , may order against whom
| ||
proceedings
under Section 23 are pending, enter an order | ||
requiring the attendance and testimony of
witnesses and their | ||
testimony, and the production of relevant documents, papers,
| ||
files, books and records in connection with any hearing or | ||
investigation.
The court may compel obedience to its order by | ||
proceedings for contempt.
| ||
(Source: P.A. 83-73 .)
| ||
(225 ILCS 415/23.6) (from Ch. 111, par. 6229)
| ||
(Section scheduled to be repealed on January 1, 2014)
| ||
Sec. 23.6. Board report. At the conclusion of the hearing | ||
the Board shall present
to the Secretary Director a written | ||
report of its findings of fact, conclusions of
law and | ||
recommendations. The report shall contain a finding whether or
| ||
not the accused person violated this Act or failed to comply | ||
with the
conditions
required in this Act. The Board shall | ||
specify the nature of the violation
or failure to comply, and | ||
shall make its recommendations to the Secretary Director .
The | ||
report of findings of fact, conclusions of law and |
recommendations of
the Board shall be the basis for the | ||
Department's action regarding
a certificate. If the Secretary | ||
Director disagrees in any regard with the report
of the Board | ||
he may issue an order in contravention thereof. The Director
| ||
shall provide to the Board a written explanation for any | ||
deviation and shall
specify with particularity the reasons for | ||
such action in the
final order. The finding is not admissible | ||
in evidence against the person
in a criminal prosecution | ||
brought for the violation of this Act , but the hearing and | ||
findings are not a bar to a criminal prosecution brought for | ||
the violation of this Act .
| ||
(Source: P.A. 83-73 .)
| ||
(225 ILCS 415/23.7) (from Ch. 111, par. 6230)
| ||
(Section scheduled to be repealed on January 1, 2014)
| ||
Sec. 23.7. Motion for rehearing. In any hearing case | ||
involving the refusal to issue or renew, or
the taking of | ||
disciplinary action against, a certificate, a copy of the
| ||
Board's report shall be served upon the respondent by the | ||
Department as
provided in this Act for the service of the | ||
notice of hearing. Within 20
days after such service, the | ||
respondent may present to the Department a
motion in writing | ||
for a rehearing, which motion shall specify the particular
| ||
grounds therefor. If no motion
for rehearing is filed, then | ||
upon the expiration of the time specified for
filing such a | ||
motion, or if a motion for rehearing is denied, then upon
such |
denial the Secretary Director may enter an order in accordance | ||
with recommendations
of the Board except as provided in Section | ||
23.6. If the respondent shall
order from the reporting service, | ||
and pay for a transcript of the record
within the time for | ||
filing a motion for rehearing, the 20 day period within
which | ||
such a motion may be filed shall commence upon the delivery of | ||
the
transcript to the respondent.
| ||
(Source: P.A. 83-73 .)
| ||
(225 ILCS 415/23.8) (from Ch. 111, par. 6231)
| ||
(Section scheduled to be repealed on January 1, 2014)
| ||
Sec. 23.8. Rehearing ordered by Secretary. Whenever the | ||
Secretary Director is satisfied that substantial justice
has | ||
not been done in the revocation , or suspension of, or the | ||
refusal to
issue or renew , a certificate, the Secretary | ||
Director may order a rehearing by the
Board or a designated | ||
hearing officer.
| ||
(Source: P.A. 83-73 .)
| ||
(225 ILCS 415/23.9) (from Ch. 111, par. 6232)
| ||
(Section scheduled to be repealed on January 1, 2014)
| ||
Sec. 23.9. Hearing officers, reports, and review. The | ||
Secretary Notwithstanding the provisions of Section 23.2, the | ||
Director
shall have the authority to appoint any attorney duly | ||
licensed to practice
law in the State of Illinois to serve as | ||
the hearing officer in any action
involving a refusal to issue |
or renew, or the taking of disciplinary action
against a | ||
certificate. The Director shall notify the Board of such
| ||
appointment.
The hearing officer shall have full authority to | ||
conduct the hearing. The
hearing officer shall
report his or | ||
her findings of fact, conclusions of law and recommendations to | ||
the
Board and the Secretary Director . The Board shall have 60 | ||
days from receipt of the
report to review the report of the | ||
hearing officer and present their findings
of fact, conclusions | ||
of law and recommendations to the Secretary Director . If the
| ||
Board fails to present its report within the 60 day period, the | ||
Secretary may Director
shall issue an order based on the report | ||
of the hearing officer. If the
Secretary Director disagrees in | ||
any regard with the report of the Board or hearing
officer, he | ||
may issue an order in contravention thereof. The
Director shall | ||
provide to the Board a written explanation for any deviation,
| ||
and shall specify with particularity the reasons for such | ||
action in the final
order.
| ||
(Source: P.A. 83-73 .)
| ||
(225 ILCS 415/23.10) (from Ch. 111, par. 6233)
| ||
(Section scheduled to be repealed on January 1, 2014)
| ||
Sec. 23.10. Order or certified copy; prima facie proof. An | ||
order or a
certified copy thereof, over the seal of the | ||
Department and purporting to be
signed by the Secretary | ||
Director , shall be prima facie proof that:
| ||
(1) the signature is the genuine signature of the |
Secretary; and Director;
| ||
(2) the Secretary Director is duly appointed and | ||
qualified . ; and
| ||
(3) the Board and the members thereof are qualified to | ||
act.
| ||
(Source: P.A. 91-357, eff. 7-29-99 .)
| ||
(225 ILCS 415/23.11) (from Ch. 111, par. 6234)
| ||
(Section scheduled to be repealed on January 1, 2014)
| ||
Sec. 23.11. Restoration of license from discipline. At any | ||
time after successful completion of a term of indefinite | ||
probation, suspension, or revocation of a license, the | ||
Department may restore the license to the licensee, unless, | ||
after an investigation and hearing, the Secretary determines | ||
that restoration is not in the public interest or that the | ||
licensee has not been sufficiently rehabilitated to warrant the | ||
public trust. No person or entity whose license, certificate, | ||
or authority has been revoked as authorized in this Act may | ||
apply for restoration of that license, certification, or | ||
authority until such time as provided for in the Civil | ||
Administrative Code of Illinois. the suspension or revocation | ||
of any
certificate, the Department may restore it to the | ||
accused person, upon the
written recommendation of the Board, | ||
unless after an investigation and a
hearing, the Department | ||
determines that restoration is not in the public
interest.
| ||
(Source: P.A. 83-73 .)
|
(225 ILCS 415/23.12) (from Ch. 111, par. 6235)
| ||
(Section scheduled to be repealed on January 1, 2014)
| ||
Sec. 23.12. Surrender of license or certificate. Upon the | ||
revocation or suspension of any certificate, the
certificate
| ||
holder shall forthwith surrender the certificate or | ||
certificates to the
Department. If the certificate holder fails | ||
to do so, the Department shall
have the right to seize the | ||
certificate.
| ||
(Source: P.A. 83-73 .)
| ||
(225 ILCS 415/23.13) (from Ch. 111, par. 6236)
| ||
(Section scheduled to be repealed on January 1, 2014)
| ||
Sec. 23.13. Summary suspension. The Secretary Director may | ||
summarily temporarily suspend the certificate of
a certified | ||
shorthand reporter without a hearing, simultaneously with the
| ||
institution of proceedings for a hearing provided for in | ||
Section 23.2 of
this Act, if the Secretary Director finds that | ||
the evidence in his possession indicates
that a certified | ||
shorthand reporter's continuation in practice would constitute
| ||
an imminent danger to the public. In the event that the | ||
Secretary summarily Director temporarily
suspends
the | ||
certificate of a certified shorthand reporter without a | ||
hearing, a
hearing shall be commenced by the Board must be held | ||
within 30 days after such suspension has
occurred and shall be | ||
concluded as expeditiously as possible .
|
(Source: P.A. 83-73 .)
| ||
(225 ILCS 415/23.14) (from Ch. 111, par. 6237)
| ||
(Section scheduled to be repealed on January 1, 2014)
| ||
Sec. 23.14. Administrative Review Law. All final | ||
administrative decisions of the Department are
subject to | ||
judicial review pursuant to the provisions of the | ||
Administrative
Review Law and all rules adopted pursuant | ||
thereto. The term "administrative
decision" is defined in | ||
Section 3-101 of the Code of Civil Procedure.
| ||
Proceedings for judicial review shall be commenced in the | ||
circuit court
of the county in which the party applying for | ||
review resides, except that
if the party is not a resident of | ||
this State, the venue shall be Sangamon
County.
| ||
(Source: P.A. 83-73 .)
| ||
(225 ILCS 415/23.15) (from Ch. 111, par. 6238)
| ||
(Section scheduled to be repealed on January 1, 2014)
| ||
Sec. 23.15. Certification of record ; receipt. The | ||
Department shall not be
required to certify any record
to the | ||
court or file any answer in court or otherwise appear in any | ||
court
in a judicial review proceeding, unless and until the | ||
Department has received from the plaintiff there is filed in | ||
the court, with
the complaint, a receipt from the Department | ||
acknowledging payment of the
costs of furnishing and certifying | ||
the record , which costs shall be determined by the Department. |
Exhibits shall be certified without cost . Failure on the part | ||
of
the plaintiff to file a receipt in court shall be grounds | ||
for
dismissal
of the action.
| ||
(Source: P.A. 87-1031 .)
| ||
(225 ILCS 415/23.16) (from Ch. 111, par. 6239)
| ||
(Section scheduled to be repealed on January 1, 2014)
| ||
Sec. 23.16. Penalties. Any person who is found to have | ||
violated any provision
of this Act is guilty of a Class A | ||
misdemeanor for the first offense . On conviction of a second
or | ||
subsequent offense the violator shall be guilty of a Class 4 | ||
felony. All criminal fines, moneys, or other property collected | ||
or received by the Department under this Section, or any other | ||
State or federal statute, shall be deposited into the General | ||
Professions Dedicated Fund.
| ||
(Source: P.A. 83-73 .)
| ||
(225 ILCS 415/24) (from Ch. 111, par. 6240)
| ||
(Section scheduled to be repealed on January 1, 2014)
| ||
Sec. 24. Administrative Procedure Act. The Illinois | ||
Administrative
Procedure Act is hereby expressly adopted and | ||
incorporated herein as if all of
the provisions of that Act | ||
were included in this Act, except that the provision
of | ||
subsection (d) of Section 10-65 of the Illinois Administrative | ||
Procedure Act
that provides that at hearings the certificate | ||
holder has the right to show
compliance with all lawful |
requirements for retention, continuation or renewal
of | ||
certification is specifically excluded. For the purpose of this | ||
Act the
notice required under Section 10-25 of the Illinois | ||
Administrative Procedure
Act is deemed sufficient when mailed | ||
to the last known address of record a party .
| ||
(Source: P.A. 88-45 .)
| ||
(225 ILCS 415/25) (from Ch. 111, par. 6241)
| ||
(Section scheduled to be repealed on January 1, 2014)
| ||
Sec. 25. Home rule. The regulation and licensing of a | ||
shorthand reporter are exclusive powers and functions of the | ||
State. A home rule unit may not regulate or license a shorthand | ||
reporter or the practice of shorthand reporting. This Section | ||
is a denial and limitation of home rule powers and functions | ||
under subsection (h) of Section 6 of Article VII of the | ||
Illinois Constitution. It is declared to be the public policy | ||
of this State, pursuant
to paragraphs (h) and (i) of Section 6 | ||
of Article VII of the Illinois
Constitution
of 1970, that any | ||
power or function set forth in this Act to be exercised
by the | ||
State is an exclusive State power or function. Such power or | ||
function
shall not be exercised concurrently, either directly | ||
or indirectly, by any
unit of local government, including home | ||
rule units, except as otherwise
provided in this Act.
| ||
(Source: P.A. 83-73 .)
| ||
(225 ILCS 415/26.1)
|
(Section scheduled to be repealed on January 1, 2014)
| ||
Sec. 26.1. Responsibility for notes. It is the licensee's | ||
responsibility to
preserve his or her shorthand notes for a | ||
period of no less than 10 years from the date that the notes or | ||
transcripts were taken 5 years from
the end of litigation , | ||
except as otherwise prescribed by law, through storage
of the | ||
original paper
notes or an electronic copy of either the | ||
shorthand notes or the English
transcript of the notes on | ||
computer disks, cassettes, backup tape systems, or
optical or | ||
laser disk systems , or other retrieval systems available at the | ||
time that the notes or transcripts were taken .
| ||
(Source: P.A. 91-558, eff. 8-14-99 .)
| ||
(225 ILCS 415/27) (from Ch. 111, par. 6243)
| ||
(Section scheduled to be repealed on January 1, 2014)
| ||
Sec. 27.
As a condition for renewal of a license, licensees | ||
shall be required to complete continuing education in | ||
accordance with rules established On a specified date | ||
determined by the Department and established in
its rules and | ||
regulations, every person certified under this Act shall be
| ||
required to complete 10 hours of continuing education over a 2 | ||
year period in a
manner as determined by the rules and | ||
regulations of the Department promulgated
in consultation with | ||
the Board .
| ||
Persons employed as full time court reporters under the | ||
Court Reporters
Act may apply for a waiver from the continuing |
education requirements. The
waiver shall be granted upon the | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
submission of evidence satisfactory to the
Department that the | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
certified shorthand reporter is employed as a full time
court | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
reporter under the Court Reporters Act.
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(Source: P.A. 87-481; 87-576; 88-475 .)
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(225 ILCS 415/12 rep.) | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Section 15. The Illinois Certified Shorthand Reporters Act | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
of 1984 is amended by repealing Section 12.
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Section 99. Effective date. This Act takes effect December | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
31, 2013.
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