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Public Act 095-0303
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| SB0448 Enrolled |
LRB095 07523 RAS 27669 b |
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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 Illinois Roofing Industry Licensing Act is |
amended by changing Sections 2, 3.5, 6, 9.1, and 10 and by |
adding Section 10b as follows:
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(225 ILCS 335/2) (from Ch. 111, par. 7502)
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(Section scheduled to be repealed on January 1, 2016)
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Sec. 2. Definitions. As used in this Act, unless the |
context otherwise
requires:
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(a) "Licensure" means the act of obtaining or
holding a |
license issued by the Department as provided in this Act.
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(b) "Department" means the Department of Professional |
Regulation.
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(c) "Director" means the Director of Professional |
Regulation.
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(d) "Person" means any individual, partnership, |
corporation, business
trust, limited liability company, or |
other legal entity.
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(e) "Roofing contractor" is one whose services are |
unlimited in the
roofing trade and who has the experience, |
knowledge and skill to construct,
reconstruct, alter, maintain |
and repair roofs and use materials and items
used in the |
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construction, reconstruction, alteration, maintenance and
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repair of all kinds of roofing and waterproofing as related to |
roofing, all in such manner to
comply with all plans, |
specifications, codes, laws, and regulations
applicable |
thereto, but does not include such contractor's employees to |
the
extent the requirements of Section 3 of this Act apply and |
extend to such
employees.
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(f) "Board" means the Roofing Advisory Board.
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(g) "Qualifying party" means the individual filing as a |
sole proprietor,
partner of a partnership, officer of a |
corporation, trustee of a business
trust, or party of another |
legal entity, who is legally qualified to act for
the business |
organization in all matters connected with its roofing |
contracting
business, has the authority to supervise roofing |
installation operations, and
is
actively engaged in day to day |
activities of the business organization.
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"Qualifying party" does not apply to a seller of roofing |
materials or
services when the construction, reconstruction,
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alteration, maintenance, or repair of roofing or waterproofing |
is to be
performed by a person other than the seller or the |
seller's
employees.
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(h) "Limited roofing license" means a license made |
available to
contractors whose roofing business is limited to |
residential roofing, including
residential properties |
consisting of 8 units or less.
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(i) "Unlimited roofing license" means a license made |
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available to
contractors whose roofing business is unlimited in |
nature and includes roofing
on residential, commercial, and |
industrial properties.
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(Source: P.A. 90-55, eff. 1-1-98; 91-950, eff. 2-9-01.)
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(225 ILCS 335/3.5)
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(Section scheduled to be repealed on January 1, 2016)
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Sec. 3.5. Examination.
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(a) The Department shall authorize examinations for |
applicants for
initial licenses at the time and place it may
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designate. The examinations shall be of a character to fairly |
test the
competence and qualifications of applicants to act as |
roofing contractors.
Each applicant for limited licenses shall |
designate a qualifying party who
shall
take an examination, the |
technical
portion of which shall cover residential roofing |
practices. Each applicant for
an
unlimited license shall |
designate a qualifying party who shall take an
examination, the |
technical portion of which
shall cover residential, |
commercial, and industrial roofing practices.
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(b) An applicant for a limited license or an unlimited |
license or a
qualifying party designated by an applicant for a |
limited license or unlimited
license
shall pay, either to the |
Department or the
designated testing service, a fee established |
by the Department to cover the
cost of providing the |
examination. Failure of the individual scheduled
to appear for |
the
examination on
the scheduled date at the time and place |
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specified after his or her application
for examination has been |
received and acknowledged by the Department
or the designated |
testing service shall result in forfeiture of the examination
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fee.
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(c) A person who has a license as described in subsection |
(1.5) of Section 3
is exempt from the examination requirement |
of this Section, so long as (1) the
license continues to be |
valid and is renewed before expiration and (2) the
person is |
not newly designated as a qualifying party after July 1, 2003. |
The
qualifying party for an
applicant for a new license must |
have passed an examination authorized by
the Department
before
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the Department may issue a license.
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(d) The application for a license as a corporation, |
business trust, or other legal entity submitted by a sole |
proprietor who is currently licensed under this Act and exempt |
from the examination requirement of this Section shall not be |
considered an application for initial licensure for the |
purposes of this subsection (d) if the sole proprietor is named |
in the application as the qualifying party and is the sole |
owner of the legal entity. Upon issuance of a license to the |
new legal entity, the sole proprietorship license is |
terminated. |
The application for initial licensure as a partnership, |
corporation, business trust, or other legal entity submitted by |
a currently licensed partnership, corporation, business trust, |
or other legal entity shall not be considered an application |
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for initial licensure for the purposes of this subsection (d) |
if the entity's current qualifying party is exempt from the |
examination requirement of this Section, that qualifying party |
is named as the new legal entity's qualifying party, and the |
majority of ownership in the new legal entity remains the same |
as the currently licensed entity. Upon issuance of a license to |
the new legal entity under this subsection (d), the former |
license issued to the applicant is terminated.
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(e) An applicant has 3 years after the date of his or her |
application to complete
the application process. If the process |
has not been completed within 3 years,
the application shall be |
denied, the fee shall be forfeited, and the applicant
must |
reapply and meet the requirements in effect at the time of
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reapplication.
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(Source: P.A. 91-950, eff. 2-9-01.)
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(225 ILCS 335/6) (from Ch. 111, par. 7506)
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(Section scheduled to be repealed on January 1, 2016)
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Sec. 6. Expiration; restoration; renewal
of license.
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(a) The expiration date and renewal period for each |
certificate of registration issued under this Act shall be set |
by the Department by rule. |
(b) A licensee who has permitted his or her license to |
expire or whose license is on inactive status may have his or |
her license restored by making application to the Department in |
the form and manner prescribed by the Department.
(1) Licenses |
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shall expire biennially at midnight on
June
30 of each |
odd-numbered year.
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(2) Failure to renew the license prior to the expiration
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thereof
shall cause the license to become nonrenewed and it |
shall
be unlawful
thereafter for the licensee to engage, offer |
to engage, or hold
himself or herself out
as engaging, in |
roofing contracting business under the license unless
and until |
the license is restored or reissued as defined by
rule.
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(Source: P.A. 89-387, eff. 1-1-96; 90-55, eff. 1-1-98.)
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(225 ILCS 335/9.1) (from Ch. 111, par. 7509.1)
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(Section scheduled to be repealed on January 1, 2016)
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Sec. 9.1. Grounds for disciplinary action. The Department |
may refuse
to issue or to renew, or may revoke, suspend, place |
on probation, reprimand
or take other disciplinary or |
non-disciplinary action as the Department may deem proper,
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including fines not to exceed $10,000
$1,000 for each |
violation, with regard to any
license for any one or |
combination of the following causes:
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(a) violation of this Act or its rules;
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(b) conviction or plea of guilty or nolo contendere of |
any crime under the laws of the United States or any state |
or territory thereof that
U.S. jurisdiction
which is (i) a |
felony or (ii)
which is a misdemeanor, an essential element
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of which is dishonesty, or that is
of any crime which
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directly related
relates to the
practice of the profession;
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(c) making any misrepresentation for the purpose of |
obtaining a license;
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(d) professional incompetence or gross negligence in |
the practice of
roofing contracting, prima facie evidence |
of which may be a conviction or judgment in any court of |
competent jurisdiction against an applicant or licensee |
relating to the practice of roofing contracting or the |
construction of a roof or repair thereof that results in |
leakage within 90 days after the completion of such work;
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(e) (blank);
gross malpractice, prima facie evidence |
of which may be a conviction
or judgment of malpractice in |
any court of competent jurisdiction;
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(f) aiding or assisting another person in violating any |
provision of
this Act or rules;
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(g) failing, within 60 days, to provide information in |
response to a
written request made by the Department which |
has been sent by certified or
registered mail to the |
licensee's last known address;
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(h) engaging in dishonorable, unethical, or |
unprofessional conduct of a
character likely to deceive, |
defraud, or harm the public;
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(i) habitual or excessive use or addiction to alcohol, |
narcotics,
stimulants or any other chemical agent or drug |
which results in the
inability to practice with reasonable |
judgment, skill, or safety;
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(j) discipline by another U.S. jurisdiction or foreign |
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nation, if at
least one of the grounds for the discipline |
is the same or substantially
equivalent to those set forth |
in this Section;
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(k) directly or indirectly giving to or receiving from |
any person, firm,
corporation, partnership, or association |
any fee, commission, rebate, or
other form of compensation |
for any professional services not actually or
personally |
rendered;
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(l) a finding by the Department that the licensee, |
after having his
or her license placed on probationary |
status has violated the terms of
probation;
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(m) a finding
conviction by any court of competent |
jurisdiction, either within or
without this State, of any |
violation of any law governing the practice of
roofing |
contracting, if the Department determines, after |
investigation,
that such person has not been sufficiently |
rehabilitated to warrant the
public trust;
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(n) a finding that licensure has been applied for or |
obtained by
fraudulent means;
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(o) practicing, attempting to practice, or advertising |
under
a name
other than the
full name as shown on the |
license or any other legally authorized name;
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(p) gross and willful overcharging for professional |
services including
filing false statements for collection |
of fees or monies for which services
are not rendered;
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(q) failure to file a return, or to pay the tax, |
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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;
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(r) the Department shall deny any license or renewal |
under this
Act to any person who has defaulted on an |
educational loan guaranteed by
the Illinois State |
Scholarship Commission; however, the Department may
issue |
a license or renewal if the person in default has |
established a
satisfactory repayment record as determined |
by the Illinois State
Scholarship Commission;
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(s) failure to continue to meet the requirements of |
this Act shall be
deemed a violation;
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(t) physical or mental disability, including |
deterioration through the
aging process or loss of |
abilities and skills that result in an inability to
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practice the profession with reasonable judgment, skill, |
or safety;
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(u) material misstatement in furnishing information to |
the Department or
to
any other State agency;
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(v) the determination by a court that a licensee is |
subject to involuntary
admission or judicial admission as |
provided in the Mental Health and
Developmental |
Disabilities Code will result in an automatic suspension of |
his
or her license. The suspension will end upon a finding |
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by a court that the
licensee is no longer subject to |
involuntary admission or judicial admission,
the issuance |
of an order so finding and discharging the patient, and the
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recommendation of the Board to the Director that the |
licensee be allowed to
resume professional practice;
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(w) advertising in any manner that is false, |
misleading, or deceptive; .
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(x) taking undue advantage of a customer, which results |
in the perpetration of a fraud; |
(y) performing any act or practice that is a violation |
of the Consumer Fraud and Deceptive Business Practices Act; |
(z) engaging in the practice of roofing contracting, as |
defined in this Act, with a suspended, revoked, or |
cancelled license; |
(aa) treating any person differently to the person's |
detriment because of race, color, creed, gender, age, |
religion, or national origin; |
(bb) knowingly making any false statement, oral, |
written, or otherwise, of a character likely to influence, |
persuade, or induce others in the course of obtaining or |
performing roofing contracting services; or |
(cc) violation of any final administrative action of |
the Secretary.
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The changes to this Act made by this amendatory Act of 1997 |
apply only
to disciplinary actions relating to events occurring |
after the effective date
of
this amendatory Act of 1997.
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(Source: P.A. 89-387, eff. 1-1-96; 90-55, eff. 1-1-98.)
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(225 ILCS 335/10) (from Ch. 111, par. 7510)
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(Section scheduled to be repealed on January 1, 2016)
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Sec. 10. Enforcement; petition to court.
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(1) If any person violates the provisions of this Act, the
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Director through the Attorney General of Illinois, or the |
State's Attorney
of any county in which a violation is alleged |
to exist, may in the name of
the People of the State of |
Illinois petition for an order enjoining such
violation or for |
an order enforcing compliance with this Act. Upon the
filing of |
a verified petition in such court, the court may issue a
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temporary restraining order, without notice or bond, and may |
preliminarily
and permanently enjoin such violation, and if it |
is established that such
person has violated or is violating |
the injunction, the Court may punish the
offender for contempt |
of court.
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(2) If any person shall practice as a
licensee or hold |
himself or herself out as a
licensee without being licensed
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under the provisions of this Act, then any person licensed
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under this Act,
any interested party or any person injured |
thereby may, in addition to
those officers identified in |
subsection (1) of this Section, petition for
relief as provided |
therein.
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(3) (Blank).
Whenever the Department has reason to believe |
that any person has
violated the licensing requirements of this |
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Act by practicing, offering to
practice, attempting to |
practice, or holding himself or herself out to practice
roofing |
without being licensed under this Act, the Department may issue |
a rule
to
show cause why an order to cease and desist should |
not be entered against that
person. The rule shall clearly set |
forth the grounds relied upon by the
Department and shall |
provide a period of 7 days from the date of the rule to
file
an |
answer to the satisfaction of the Department. Failure to answer |
to the
satisfaction of the Department shall cause an order to |
cease and desist to be
issued immediately.
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(4) Proceedings under this Section shall be
in addition to, |
and not in lieu of, all other remedies and penalties which
may |
be provided by law.
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(Source: P.A. 90-55, eff. 1-1-98; 91-950, eff. 2-9-01.)
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(225 ILCS 335/10b new) |
(Section scheduled to be repealed on January 1, 2016) |
Sec. 10b. Unlicensed practice; order to cease and desist. |
Whenever the Department has reason to believe that any person |
has violated the licensing requirements of this Act by |
practicing, offering to practice, attempting to practice, or |
holding himself or herself out to practice roofing without |
being licensed under this Act, the Department may issue an |
order to cease and desist such practice without a hearing. The |
order must clearly set forth the grounds relied upon by the |
Department and provide notice that any individual or entity |
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receiving the order may petition the Department for a hearing |
within a period of 21 days after the date of the order. Any |
hearing held pursuant to this Section must be in accordance |
with the hearing provisions set forth in this Act. Should any |
person or entity that is issued an order to cease and desist |
pursuant to this Section continue or again practice, offer to |
practice, attempt to practice, or hold himself or herself out |
to practice roofing without being licensed under this Act, the |
Department may seek injunctive relief, impose a civil penalty |
in accordance with this Act, or take any other action allowed |
under this Act. Any order to cease and desist issued pursuant |
to this Section shall be considered prima facie evidence of a |
violation in any proceeding conducted pursuant to Section 10a |
of this Act.
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