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Public Act 096-1362
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| SB2602 Enrolled | LRB096 16296 ASK 31554 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 Structural Pest Control Act is amended by |
changing Sections 3.03, 3.09, 3.11, 4, 5.01, 6, 7, 9, 10.3, 13, |
21, 21.1, and 22 as follows:
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(225 ILCS 235/3.03) (from Ch. 111 1/2, par. 2203.03)
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(Section scheduled to be repealed on December 31, 2019)
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Sec. 3.03. "Person" means any individual, group of |
individuals,
association, trust, partnership, corporation, |
person doing business
under an assumed name, the State of |
Illinois, or department thereof,
any other state-owned and |
operated institution, public school, licensed day care center, |
or any other entity.
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(Source: P.A. 82-725; reenacted by P.A. 95-786, eff. 8-7-08.)
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(225 ILCS 235/3.09) (from Ch. 111 1/2, par. 2203.09)
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(Section scheduled to be repealed on December 31, 2019)
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Sec. 3.09. "Structural Pest Control" means and includes the |
on-site
identification of an infestation in, on or under a |
structure or the
use of any method or device or the application |
of any substance to prevent,
repel, mitigate, curb, control, or |
eradicate any structural pest in, on, or under, or around a
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structure, or within a part of, or materials used in building, |
a structure;
the use of any pesticide, including insecticides, |
fungicides and other
wood treatment products, attractants, |
repellents, rodenticides, fumigants,
or mechanical devices for |
preventing, controlling, eradicating, identifying,
mitigating, |
diminishing, or curbing insects, vermin, rats, mice, or other |
pests in,
on, or under, or around a structure, or within a part |
of, or materials used in
building, a structure; vault
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fumigation and fumigation of box cars, trucks, ships,
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airplanes, docks, warehouses, and common carriers or |
soliciting to perform
any of the foregoing functions. |
Notwithstanding any other law, an applicator who is licensed or |
certified under the Illinois Pesticide Act may not engage in |
structural pest control as defined in this Act unless the |
applicator is also licensed and certified under this Act.
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(Source: P.A. 85-227; reenacted by P.A. 95-786, eff. 8-7-08.)
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(225 ILCS 235/3.11) (from Ch. 111 1/2, par. 2203.11)
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(Section scheduled to be repealed on December 31, 2019)
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Sec. 3.11. "Commercial Structural Pest Control Business" |
means any
business in the course of which any person performs, |
advertises, or contracts to
perform structural pest control |
services on property under the ownership
or control of another |
in exchange for any consideration.
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(Source: P.A. 82-725; reenacted by P.A. 95-786, eff. 8-7-08.)
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(225 ILCS 235/4) (from Ch. 111 1/2, par. 2204)
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(Section scheduled to be repealed on December 31, 2019)
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Sec. 4. Licensing and registration location requirements). |
(a) It shall be unlawful for any person
to engage in a |
commercial structural pest control business at any location
in |
this State after October 21, 1977, or within Illinois from any |
location outside of this State, unless such person is licensed |
by
the Department. A person shall have a separate license for |
each commercial
structural pest control business location. It |
shall also be unlawful for
any person to engage in a commercial |
pest control business in Illinois from
any location outside |
this State unless such person is licensed by this Department.
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The licensee may use its state identification number in all |
forms of advertising.
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(b) It shall be unlawful for any person who owns or |
operates a non-commercial
structural pest control location to |
engage in non-commercial structural
pest control using |
restricted pesticides in this State after October 21,
1977, |
unless registered as a non-commercial structural pest control |
location by the Department.
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(c) No person shall be licensed or registered as a |
commercial
or non-commercial structural pest control business |
at any
location without complying with the certification |
requirements as prescribed
in Section 5 of this Act.
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(d) If a licensee or registrant changes its location of |
operation during
the year of issuance, the Department shall be |
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notified in writing of the
new location within 15 days. The |
license or registration shall accompany the notification along |
with the fee as prescribed in Section 9 of this Act, be |
surrendered
and, upon receipt, a replacement will be issued by |
the Department for a fee of $10.
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(e) All licenses and registrations issued under this Act |
shall expire
on December 31 of the year issued, except that an |
original license or registration
issued after October 1 and |
before December 31 shall expire on December 31
of the following |
year. A license or registration may be renewed by filing with |
the Department a completed renewal application form as |
prescribed by rule, including payment of the fee as prescribed |
in Section 9 of this Act, and may be postmarked no later than |
the December 1 preceding the date of expiration. Applications |
received by the Department that are postmarked after December 1 |
up to and including December 31 shall be accompanied by the |
required late filing charge as prescribed in Section 9 of this |
Act. License or registration applications that are postmarked |
after December 31 will not be eligible for renewal A license or |
registration may be renewed by making
application on a form |
prescribed by the Department and by paying
the fee required by |
this Act. Renewal applications shall be filed with
the |
Department prior to December 1 of each year.
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(f) No license or registration shall be transferable from |
one person to another.
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(g) No person shall be licensed as a commercial structural |
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pest control business location without complying with the |
insurance requirements of Section 9 of this Act. |
(Source: P.A. 83-825; reenacted by P.A. 95-786, eff. 8-7-08.)
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(225 ILCS 235/5.01) (from Ch. 111 l/2, par. 2205.01)
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(Section scheduled to be repealed on December 31, 2019)
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Sec. 5.01. Reciprocity. |
(a) Upon payment of the required fee as prescribed in |
Section 9 of this Act, a person who is certified or licensed as |
a structural pest control technician by a state or the federal |
government may apply for reciprocal certification without |
examination by the Department in those sub-categories or areas |
for which the applicant holds certification or licensure by the |
state or the federal government. |
(b) In order to receive reciprocal certification under |
subsection (a) of this Section, the requirements for the |
certification or licensure by the state or the federal |
government must have been, at the date of the certification or |
licensure, substantially equivalent to the requirements then |
in force in this State, as determined by the Department. Upon |
the payment of the required fee, an applicant
who is certified |
in another state, may, without examination, be
granted a |
certificate as a certified structural pest control
technician |
by the Department in those sub-categories for which
he has been |
certified by another state, provided that the
Department finds |
that the requirements for certification of
structural pest |
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control technicians in that state were, at the
date of |
certification, substantially equal to the requirements
then in |
force in this State and provided that the same
privilege of |
certification is similarly granted by said
state to technicians |
certified by the State of Illinois.
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(Source: P.A. 82-725; reenacted by P.A. 95-786, eff. 8-7-08.)
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(225 ILCS 235/6) (from Ch. 111 1/2, par. 2206)
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(Section scheduled to be repealed on December 31, 2019)
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Sec. 6. Renewal of technician certification Certificate |
renewal). |
(a) A certified technician's
certificate shall be valid for |
a period of 3 years expiring on December 31 of the third year, |
except that an original certificate issued between October 1 |
and December 31 shall expire on December 31 of the third full |
calendar year following issuance and must be
renewed by January |
1 of each third year. A certificate may be
renewed by |
application upon a form prescribed by the Department,
provided |
that the certified technician furnishes the following: |
(1) a renewal application filed with the Department |
postmarked no later than December 1 preceding the date of |
expiration; |
(2) evidence attached to the renewal, or on file with |
the Department, of acquiring, that
he has attended during |
the 3 year period,
a minimum of 9 classroom hours, in |
increments of 3 hours or more, of training at Department |
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approved pest control training seminars; and |
(3) the required fee as prescribed in Section 9 of this |
Act and pays
the fee required by this Act. Renewal |
applications shall be
filed with the Department prior to |
December 1 preceding the date
of expiration. |
Applications received by the Department postmarked after |
December 1 shall be accompanied by the required late filing |
charge as prescribed in Section 9 of this Act.
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(b) Certified technician's certificates are not |
transferable from
one person to another person, and no licensee |
or registrant
shall use the certificate of a certified |
technician to secure
or hold a license or registration unless |
the holder of such
certificate is actively engaged in the |
direction of pest
control operations of the licensee or |
registrant.
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(c) A certified technician who has not renewed his or her |
certificate for
a period of not more than one year after its
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expiration may secure a renewal upon payment of the renewal fee |
and , late filing charge
and the furnishing of evidence of |
training in accordance with item (2) of subsection (a) of this |
Section as may
be required by the Department. If a technician |
has not renewed
his or her certificate for a period of more |
than one year after its
expiration, the technician he shall |
file an original application for examination, pay
all required |
fees, which may include renewal, examination, and late filing |
charges, and successfully pass the examination before
his or |
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her certificate is renewed. Any individual who fails to renew a |
certification by the date of expiration shall not perform any |
pest control activities until the requirements of this Section |
have been met and a certificate has been issued by the |
Department.
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(Source: P.A. 93-922, eff. 1-1-05; reenacted by P.A. 95-786, |
eff. 8-7-08.)
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(225 ILCS 235/7) (from Ch. 111 1/2, par. 2207)
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(Section scheduled to be repealed on December 31, 2019)
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Sec. 7. Written examination required). The Department |
shall adopt rules for any examinations required for the proper |
administration of this Act, including any category or |
sub-category examination involving the use of general or |
restricted use pesticides and any examination which may be |
required under Category 7, Industrial, Institutional, |
Structural, and Health Related Pest Control, or Category 8, |
Public Health Pest Control (excluding Mosquito Pest Control), |
in the rules adopted by the Department of Agriculture in |
Section 250.120 of Title 8 of the Illinois Administrative Code. |
Applications for examination
shall be in the form prescribed by |
the Department, and shall be
accompanied by the required fee as |
prescribed in Section 9 of this Act, and received by the |
Department at least 15 days prior to an examination. The |
Department shall conduct
written examinations at least 4 times |
each year and may require a
practical demonstration by each |
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applicant.
The written examination shall be prepared from |
suggested study materials.
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All applicants shall be tested and required to attain a |
passing grade
on a General Standards examination which |
evaluates their general
knowledge of
label and labeling |
comprehension, safety, environment, equipment,
application |
techniques, laws and regulations, and pests and pesticides.
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Applicants who pass the General Standards examination may also, |
if
qualified, be examined in any one or more of the
other |
sub-categories
in which they desire to use restricted |
pesticides:
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(a) Insects (excluding termites and other wood
destroying |
organisms), rodents and other pests including those pests in |
food
manufacturing, food processing, food storage and grain |
handling;
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(b) Termites and other wood destroying organisms;
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(c) Bird control;
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(d) Fumigation;
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(e) Food manufacturing, food processing and food storage |
facilities;
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(f) Institutional and multi-unit residential housing pest |
control;
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(g) Public health pest control; and
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(h) Wood products pest control, which includes the |
application of
restricted use wood treatment pesticides by |
individuals working for
commercial wood treatment companies or |
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non-commercial wood
treatment plants using pressure, as well as |
nonpressure, treatment methods
to control or prevent wood |
degradation by wood destroying organisms which
include but are |
not limited to insects, and by fungi or bacteria which
cause |
surface molding, surface staining, sap staining, brown rot, |
white rot
and soft rot.
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An applicant who is examined and certified in |
sub-categories (a),
(b), (c), (d) and (h) shall be qualified to |
use restricted pesticides in
performing structural pest |
control activities in commercial and
non-commercial structural |
pest control in those sub-categories in which
he has been |
certified.
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An applicant who is examined and certified in |
sub-categories (e),
(f), or (g) shall be permitted to apply |
restricted pesticides only to
structures of the non-commercial |
structural pest control registrant of
which he is an employee.
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(Source: P.A. 85-227; reenacted by P.A. 95-786, eff. 8-7-08.)
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(225 ILCS 235/9) (from Ch. 111 1/2, par. 2209)
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(Section scheduled to be repealed on December 31, 2019)
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Sec. 9. Fees and required insurance. |
(a) The fees required by this Act
are as follows:
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(1) The fee for an original commercial structural pest |
control business license is $250; and the fee for the |
renewal of that license is $150. |
(2) The fee for an original non-commercial structural |
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pest control business registration is $200; and the fee for |
the renewal of that registration is $125. |
(3) The fee for an application for examination as a |
certified technician, including an original certificate, |
is $75; and the fee for the renewal of that certification |
is $75. |
(4) The fee for an application for examination in |
sub-categories not previously examined or for |
reexamination as a certified technician in areas |
previously failed is $50. |
(5) The fee for the replacement of a license, |
registration, or certification is $25. |
(6) The late filing charge for any license, |
registration, or certification is $75. |
(7) The fee for multiple copies of this Act and |
regulations or for any category or sub-category specific |
training materials is $5 per copy.
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(a) For an original license and each renewal - $100.
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(b) For an original registration and each renewal - |
$50.
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(c) For each certificate renewal - $40.
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(d) For an application for examination including an |
original
certificate - $40.
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(e) Any person who fails to file a renewal application |
by the date of
expiration of a license, certification or |
registration shall be assessed
a late filing charge of $75.
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(f) For duplicate copies of certificates, licenses or |
registrations - $10.
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All fees shall be paid by check or money order. Any fee |
required by this
Act is not refundable in the event that the |
original application or
application for renewal is denied. |
(b) Every application for an original commercial |
structural pest control business location
license shall be |
accompanied by a certificate of insurance issued by an
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insurance company authorized to do business in the State of |
Illinois or by
a risk retention or purchasing group formed |
pursuant to the federal
Liability Risk Retention Act of 1986, |
which provides primary, first dollar
public liability coverage |
of the applicant or licensee for personal
injuries for not less |
than $100,000 per person, or $300,000 per occurrence,
and, in |
addition, for not less than $50,000 per occurrence for property
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damage, resulting from structural pest control. The insurance |
policy shall
be in effect at all times during the license year |
and a new certificate of
insurance shall be filed with the |
Department within 30 days after the
renewal of the insurance |
policy. Each application for renewal of a commercial structural |
pest control location license shall also include a certificate |
of insurance as detailed above unless a valid certificate of |
insurance is already on file with the Department. Applicants |
for registration or
registration renewal shall not be required |
to provide evidence of public
liability insurance coverage.
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All administrative civil fines and fees collected pursuant |
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to this
Act shall be deposited into the Pesticide Control Fund |
established pursuant
to the Illinois Pesticide Act. The amount |
annually collected as
administrative civil fines and fees shall |
be appropriated by the
General Assembly to the Department for |
the purposes of conducting a public
education program on the |
proper use of pesticides and for other activities
related to |
enforcement of this Act and the Illinois Pesticide Act.
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(Source: P.A. 87-703; reenacted by P.A. 95-786, eff. 8-7-08.)
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(225 ILCS 235/10.3)
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(Section scheduled to be repealed on December 31, 2019) |
Sec. 10.3. Notification. School districts and day care |
centers must
maintain a registry of
parents and guardians of |
students and employees who have registered to receive
written |
or telephonic
notification prior to application of pesticides |
to school property or day
care centers or provide
written or |
telephonic notification to all parents and guardians of |
students before such
pesticide application. Written |
notification may be included in newsletters,
bulletins, |
calendars, or other correspondence currently published by the |
school
district or day care center. The written or telephonic |
notification must be given at
least 2 business days
before |
application of the pesticide application and should identify |
the
intended date of the application of the pesticide and the |
name and telephone
contact number for the school or day care |
center personnel
responsible for
the pesticide
application |
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program. Prior written notice shall not be required if there is |
an
imminent threat to health or property. If such a situation |
arises, the
appropriate school or day care center personnel |
must sign a statement
describing the circumstances
that gave |
rise to the health threat and ensure that written or telephonic |
notice is provided
as soon as practicable. For purposes of this |
Section, pesticides subject to
notification requirements shall |
not include (i) an antimicrobial agent, such as
disinfectant, |
sanitizer, or deodorizer, or (ii) insecticide baits and
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rodenticide
baits.
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(Source: P.A. 93-381, eff. 7-1-04; reenacted by P.A. 95-786, |
eff. 8-7-08.)
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(225 ILCS 235/13) (from Ch. 111 1/2, par. 2213)
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(Section scheduled to be repealed on December 31, 2019)
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Sec. 13. Violations of the Act. It is a violation of this |
Act and the
Department may suspend, revoke, or refuse to issue |
or renew any certificate,
registration, or license, in |
accordance with Section 14 of this Act, upon
proof of any of |
the following:
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(a) Violation of this Act or any rule or regulation |
promulgated hereunder.
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(b) Conviction of a certified technician, registrant, or |
licensee of a
violation of any provision of this Act or of pest |
control laws in any other
state, or any other laws or rules and |
regulations adopted thereto relating
to pesticides.
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(c) Knowingly making false or fraudulent claims, |
misrepresenting the effects
of materials or methods or failing |
to use methods or materials suitable
for structural pest |
control.
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(d) Performing structural pest control in a careless or |
negligent
manner so as to be detrimental to health.
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(e) Failure to supply within a reasonable time, upon |
request from the
Department or its authorized representative, |
true information regarding
methods and materials used, work |
performed, or other information essential
to the |
administration of this Act.
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(f) Fraudulent advertising or solicitations relating to |
structural pest control.
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(g) Aiding or abetting a person to evade any provision of |
this Act,
conspiring with any person to evade provisions of |
this Act or allowing a
license, permit, certification, or |
registration to be used by another person.
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(h) Impersonating any federal, state, county, or city |
official.
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(i) Performing structural pest control, utilizing, or |
authorizing the use
or sale of, pesticides which are in |
violation of the FIFRA, or the Illinois
Pesticide Act.
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(j) Failing to comply with a written Department notice or |
lawful order of the Director. |
(Source: P.A. 85-177; reenacted by P.A. 95-786, eff. 8-7-08.)
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(225 ILCS 235/21) (from Ch. 111 1/2, par. 2221)
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(Section scheduled to be repealed on December 31, 2019)
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Sec. 21. Penalty). Any person who violates this Act or any |
rule or regulation
adopted by the Department, or who violates |
any determination or order of the
Department under this Act |
shall be guilty of a Class A misdemeanor and shall be
fined a |
sum of not more less than $2,500, serve a jail term of up to 1 |
day less than 1 year in jail, or both $100.
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Each day's violation constitutes a separate offense. The |
State's Attorney
of the county in which the violation occurred |
or the Attorney General shall bring
such actions in the name of |
the people of the State of Illinois.
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(Source: P.A. 82-725; reenacted by P.A. 95-786, eff. 8-7-08.)
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(225 ILCS 235/21.1) (from Ch. 111 1/2, par. 2221.1)
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(Section scheduled to be repealed on December 31, 2019)
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Sec. 21.1. Administrative Civil Fines. The Department is |
empowered to
assess administrative civil fines in accordance |
with Section 15 of this Act against a licensee, registrant, or
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certified technician, person, public school, licensed day care |
center, or other entity for violations of this Act or its rules |
and
regulations. These fines shall be established by the |
Department by rule and
may be assessed in addition to, or in |
lieu of, license, registration, or
certification suspensions |
and revocations. Rules to implement this Section
shall be |
proposed by the Department by January 1, 1993.
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The amount of these fines shall be determined by the |
hearing officer upon
determination that a violation or |
violations of the Act or rules has
occurred. Any fine assessed |
and not paid within 60 days after receiving of notice from the
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Department may be submitted to the Attorney General's Office, |
or any other public or private agency, for
collection of the |
amounts owed plus any fees and costs incurred during the |
collection process. Failure to pay a fine shall also be grounds |
for immediate
suspension or revocation of a license, |
registration, or certification
issued under this Act.
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(Source: P.A. 87-703; reenacted by P.A. 95-786, eff. 8-7-08.)
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(225 ILCS 235/22) (from Ch. 111 1/2, par. 2222)
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(Section scheduled to be repealed on December 31, 2019)
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Sec. 22. Scope of Act). The provisions of this Act apply to |
any
structural pest control operations performed by the State |
or agency
thereof. However, the State or agency thereof or any |
unit of local
government shall not be required to pay any fees, |
nor shall the employees
thereof engaged in pest control |
activities in their official capacity be required to pay any |
fees for examination, certification, or renewal
of |
certification in the sub-categories of either (f) or (g) |
specified in
Section 7 of this Act.
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This Act does not apply to any person certified by the |
Illinois
Department of Agriculture to use restricted |
pesticides in structures on
his own individual property.
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