Public Act 096-1499
 
SB2814 EnrolledLRB096 16339 ASK 31602 b

    AN ACT concerning professional regulation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 1. Short title. This Act may be cited as the Fire
Equipment Distributor and Employee Regulation Act of 2011.
 
    Section 5. Definitions. As used in this Act:
    (a) "Employee" means a licensee or a person who is
currently employed by a distributor licensed under this Act
whose full or part-time duties include servicing, recharging,
hydro-testing, installing, maintaining, or inspecting all
types of fire extinguishing devices or systems, other than
water sprinkler systems.
    (b) "Board" means the Fire Equipment Distributor and
Employee Advisory Board.
    (c) "Person" means a natural person or any company,
corporation, or other business entity.
    (d) "Fire equipment distributor" means any person, company
or corporation that services, recharges, hydro-tests,
inspects, installs, maintains, alters, repairs, replaces, or
services fire extinguishing devices or systems, other than
water sprinkler systems, for customers, clients, or other third
parties. "Fire equipment distributor" does not include a
person, company, or corporation employing 2,000 or more
employees within the State of Illinois that engages in these
activities incidental to its own business.
    (e) "Public member" means a person who is not a licensee or
a relative of a licensee, or who is not an employer or employee
of a licensee. The term "relative" shall be determined by rules
of the State Fire Marshal.
    (f) "Residency" means an actual domicile in Illinois for a
period of not less than one year.
    (g) "Inspection" means a determination that a fire
extinguisher is available in its designated place and has not
been actuated or tampered with. "Inspection" does not include
the inspection that may be performed by the building owner,
tenant, or insurance representative.
    (h) "Maintenance" means a determination that an
extinguisher will operate effectively and safely. It includes a
thorough examination and any necessary repair or replacement.
It also includes checking the date of manufacture or last
hydrostatic test to see if internal inspection of the cylinder
or hydrostatic testing is necessary, and checking for cuts,
bulges, dents, abrasions, corrosion, condition of paint, shell
hanger attachment, maintenance of nameplate, weight of
contents, pressure gauge, valve, removal of pull pin, discharge
nozzle, hose assembly, and operating instructions.
 
    Section 10. License requirement; injunction. No person
shall act as a fire equipment distributor or employee, or
advertise or assume to act as such, or use any title implying
that such person is engaged in such practice or occupation
unless licensed by the State Fire Marshal.
    No firm, association, or corporation shall act as an agency
licensed under this Act, or advertise or assume to act as such,
or use any title implying that the firm, association, or
corporation is engaged in such practice, unless licensed by the
State Fire Marshal.
    The State Fire Marshal, in the name of the People and
through the Attorney General, the State's Attorney of any
county, any resident of the State, or any legal entity within
the State may apply for injunctive relief in any court to
enjoin any person who has not been issued a license or whose
license has been suspended, revoked, or not renewed from
practicing a licensed activity, and upon the filing of a
verified petition, the court, if satisfied by affidavit or
otherwise, that such person is or has been practicing in
violation of this Act may enter a temporary restraining order
or preliminary injunction, without bond, enjoining the
defendant from such further activity. A copy of the verified
complaint shall be served upon the defendant and the
proceedings shall thereafter be conducted as in other civil
cases. If it is established that the defendant has been or is
practicing in violation of this Act, the court may enter a
judgment perpetually enjoining the defendant from such further
activity. In case of violation of any injunctive order or
judgment entered under the provisions of this Section, the
court may summarily try and punish the offender for contempt of
court. Such injunctive proceeding shall be in addition to all
penalties and other remedies in this Act.
    The State Fire Marshal may refuse to issue a license to, or
may suspend 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.
 
    Section 15. Exemptions.
    (a) This Act shall not apply to an officer or employee of
this State or the fire department or fire protection district
of any political subdivision of this State while such officer
or employee is engaged in the performance of his or her
official duties within the course and scope of his or her
employment with this State, or any political subdivision.
However, any such person who offers his or her services as a
private fire equipment distributor or employee, or any title
where similar services are performed for compensation, fee, or
other valuable consideration, whether received directly or
indirectly, shall be subject to this Act and its licensing
requirements.
    (b) Any person who engages in hydrostatic testing of fire
equipment but does not service, recharge, install, maintain, or
inspect such equipment shall not be required to be licensed
under this Act.
 
    Section 20. Deposit of fees. All fees collected under this
Act shall be deposited into the Fire Prevention Fund.
 
    Section 25. Fire Equipment Distributor and Employee
Advisory Board. There is created the Fire Equipment Distributor
and Employee Advisory Board consisting of 9 members to be
appointed by the State Fire Marshal as soon as practicable
after the effective date of this Act. Two of the members shall
possess at least a Class A Fire Distributor License, 2 shall
possess at least a Class B Fire Distributor License, 2 shall
possess at least a Class C Fire Distributor License, 2 shall be
representatives of the active fire prevention services who are
not licensed under this Act, and one shall be a public member
who is not licensed under this Act or a similar Act of another
jurisdiction and who has no connection with any business
licensed under this Act. The State Fire Marshal shall be an ex
officio member of the Board. Each member shall be a resident of
Illinois. Each appointment to the Board shall have a minimum of
5 years' experience as a licensee in the field in which the
person is licensed, be an officer in a licensed fire equipment
distributor company, and be actively engaged in the fire
equipment business. In making Board appointments, the State
Fire Marshal shall give consideration to the recommendations by
members of the profession and by organizations therein. The
membership shall reasonably reflect representation from
geographic areas in this State.
    Each Board member shall serve for a term of 4 years and
until his or her successor is appointed and qualified. However,
in making 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 members, one of whom shall be the public member,
shall be appointed to serve for 4 years. 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.
    A member of the Board may be removed from office for just
cause. A member subject to formal disciplinary proceedings
shall disqualify himself or herself from Board business until
the charge is resolved. A member also shall disqualify himself
or herself from any matter on which the member may not
objectively make a decision.
    Board members shall receive no compensation, but shall be
reimbursed for expenses incurred in connection with their
duties as board members.
    Five members shall constitute a quorum. A majority vote of
the Board is required for a Board decision.
    The Board shall elect from its membership a chairman and
other officers as it may deem necessary.
    Board members shall not be liable for any of their acts,
omissions, decisions, or any other conduct in connection with
their duties on the Board, except those involving willful,
wanton, or intentional misconduct.
    The Board may have such powers as may be granted by the
State Fire Marshal to carry out the provisions of this Act.
 
    Section 30. Rules; report.
    (a) The State Fire Marshal shall adopt rules consistent
with the provisions of this Act for the administration and
enforcement thereof, and may prescribe forms that shall be
issued in connection therewith. The rules shall include
standards and criteria for registration, professional conduct,
and discipline. The State Fire Marshal shall consult with the
Board in adopting all rules under this Act.
    (b) The Board shall propose to the State Fire Marshal
additions or modifications to administrative rules whenever a
majority of the members believes the rules are deficient for
the proper administration of this Act.
    (c) The State Fire Marshal may solicit the advice and
expert knowledge of the Board on any matter relating to the
administration and enforcement of this Act.
    (d) In the adopting of rules relating to fire equipment
distributors and employees, the State Fire Marshal shall be
guided by the national fire safety standards and codes and fire
equipment and facility standards and code, including, but not
limited to, those adopted by the National Fire Protection
Association and the National Association of Fire Equipment
Distributors.
    (e) In the adopting of rules relating to the maintenance
and operation of hydrostatic testing equipment and tools for
all fire equipment distributors and employees, the State Fire
Marshal shall be guided by the requirements of the United
States Department of Transportation as set forth in Section
173.34(e)(1) of Title 49 of Code of Federal Regulations.
    (f) The State Fire Marshal shall by rule establish
procedures for an applicant for any class fire equipment
employee license to work for a licensed fire equipment
distributor for training.
    (g) The rules adopted by the Office of the State Fire
Marshal under the Fire Equipment Distributor and Employee
Regulation Act of 2000 shall remain in effect until such time
as the Office of the State Fire Marshal adopts rules under this
Act.
    (h) The State Fire Marshal shall issue to the Board prior
to each Board meeting, but not less than quarterly, a report of
the status of all convictions related to the profession
received by the State Fire Marshal.
 
    Section 35. Personnel. The State Fire Marshal may employ,
in conformity with the Personnel Code, such professional,
technical, investigative, or clerical help, on either a full or
part-time basis, as may be necessary for the enforcement of
this Act. Each investigator shall have a minimum of 2 years'
investigative experience out of the preceding 5 years.
    An investigator may not hold an active license issued under
this Act or have any fiduciary interest in any business
licensed under this Act. This prohibition does not, however,
prohibit an investigator from holding stock in a
publicly-traded business licensed or regulated under this Act,
provided that the investigator does not hold more than 5% of
the stock in the business.
 
    Section 40. Qualifications for licensure; fees.
    (a) No person shall engage in practice as a fire equipment
distributor or fire equipment employee without first applying
for and obtaining a license for that purpose from the Office of
the State Fire Marshal.
    (b) To qualify for a Class A Fire Equipment Distributor
License to service, recharge, hydro-test, install, maintain,
or inspect all types of fire extinguishers, an applicant must
provide all of the following:
        (1) An annual license fee of $100.
        (2) Evidence of registration as an Illinois
    corporation or evidence of compliance with the Assumed
    Business Name Act.
        (3) Evidence of financial responsibility in a minimum
    amount of $300,000 through liability insurance,
    self-insurance, group insurance, group self-insurance, or
    risk retention groups.
    (c) To qualify for a Class B Fire Equipment Distributor
License to service, recharge, hydro-test, install, maintain,
or inspect all types of pre-engineered fire extinguishing
systems, an applicant must provide all of the following:
        (1) An annual license fee of $200.
        (2) Evidence of registration as an Illinois
    corporation or evidence of compliance with the Assumed
    Business Name Act.
        (3) Evidence of financial responsibility in a minimum
    amount of $300,000 through liability insurance,
    self-insurance, group insurance, group self-insurance, or
    risk retention groups.
        (4) Evidence of owning, leasing, renting, or having
    access to proper testing equipment that is in compliance
    with the national standards adopted by the State Fire
    Marshal for the maintenance and operation of testing tools
    for use with all Class B fire equipment.
    (d) To qualify for a Class C Fire Equipment Distributor
License to service, repair, hydro-test, inspect, and engineer
all types of engineered fire suppression systems, an applicant
must provide all of the following:
        (1) An annual license fee of $300.
        (2) Evidence of registration as an Illinois
    corporation or evidence of compliance with the Assumed
    Business Name Act.
        (3) Evidence of financial responsibility in a minimum
    amount of $300,000 through liability insurance,
    self-insurance, group insurance, group self-insurance, or
    risk retention groups.
        (4) Evidence of owning, leasing, renting, or having
    access to proper testing equipment that is in compliance
    with the national standards adopted by the State Fire
    Marshal for the maintenance and operation of testing tools
    for use with all Class C fire equipment.
    (e) To qualify for a Class 1 Fire Equipment Employee
License to service, recharge, hydro-test, install, maintain,
or inspect all types of fire extinguishers, an applicant must
complete all of the following:
        (1) Pass the examination.
        (2) Pay an annual license fee of $20.
        (3) Provide a current photograph at least 1" x 1" in
    size.
    (f) To qualify for a Class 2 Fire Equipment Employee
License to service, recharge, hydro-test, install, maintain,
or inspect all types of pre-engineered fire extinguishing
systems, an applicant must complete all of the following:
        (1) Pass the examination.
        (2) Pay an annual license fee of $20.
        (3) Provide a current photograph at least 1" x 1" in
    size.
    (g) To qualify for a Class 3 Fire Equipment Employee
License to service, recharge, hydro-test, maintain, inspect,
or engineer all types of engineered fire extinguishing systems,
an applicant must complete all of the following:
        (1) Pass the examination.
        (2) Pay an annual license fee of $20.
        (3) Provide a current photograph at least 1" x 1" in
    size.
 
    Section 45. Applications. Each application for a license to
practice under this Act shall be in writing and signed by the
applicant on forms provided by the State Fire Marshal.
 
    Section 50. Examinations.
    (a) Applicants for licensure shall be examined as provided
in this Section if they are qualified to be examined under this
Act. All applicants who are admitted to the examination shall
be evaluated upon the same standards as others being examined
for the respective license.
    (b) Examination for licensure shall be at such times and
places as the State Fire Marshal may determine, but shall be
given at least quarterly.
    (c) Examinations shall test the minimum amount of knowledge
and skill needed to perform the duties set forth in the
definition of the license and be in the interest of protection
of the public. The State Fire Marshal may contract with a
testing service for the preparation and conduct of such
examination.
    (d) If an applicant neglects, fails, or refuses to take an
examination under this Act within one year after filing his or
her application, the fee paid by the applicant shall be
forfeited. However, the applicant may thereafter make a new
application for examination, accompanied by the required fee.
 
    Section 55. Licensure without examination. The State Fire
Marshal shall adopt rules for licensure without examination and
may license under this Act without examination, on payment of
the required fee, an applicant who is registered under the laws
of another state or territory or of another country, if the
requirements for registration in the jurisdiction in which the
applicant was licensed were, at the date of his registration,
substantially equal to the requirements then in force in this
State and that State, territory, or country has similar rules
for licensure.
 
    Section 60. Issuance of license; renewal.
    (a) The State Fire Marshal shall, upon the applicant's
satisfactory completion of the requirements authorized under
this Act and upon receipt of the requisite fees, issue the
appropriate license and wallet card showing the name and
business location of the licensee, the dates of issuance and
expiration, and shall contain a photograph of the licensee
provided to the State Fire Marshal.
    (b) Any license valid on December 31, 2010 under the Fire
Equipment Distributor and Employee Regulation Act of 2000 shall
be a valid license under this Act and expires when the valid
license issued under the Fire Equipment Distributor and
Employee Regulation Act of 2000 was scheduled to expire.
    (c) Each licensee may apply for renewal of his license upon
payment of fees, as set forth in this Act. The expiration date
and renewal period for each license issued under this Act shall
be set by rule. Failure to renew within 60 days of the
expiration date shall lapse the license. A lapsed license may
not be reinstated until a written application is filed, the
renewal fee is paid, and a $50 reinstatement fee is paid.
Renewal and reinstatement fees shall be waived for persons who
did not renew while on active duty in the military and who file
for renewal or restoration within one year after discharge from
such service. A lapsed license may not be reinstated after 5
years have elapsed, except upon passing an examination to
determine fitness to have the license restored and by paying
the required fees.
    (d) As a condition of renewal of a license, the State Fire
Marshal may require the licensee to report information
pertaining to his practice which the State Fire Marshal
determines to be in the interest of public safety.
    (e) All fees paid under this Act are non-refundable.
 
    Section 65. Returned checks. Any person who on 2 occasions
issues or delivers a check or other order to the State Fire
Marshal that is not honored by the financial institution upon
which it is drawn because of insufficient funds on account
shall pay to the State Fire Marshal, in addition to the amount
owing upon the check or other order, a fee of $50. The State
Fire Marshal shall notify the licensee whose license has
lapsed, within 30 days after the discovery by the State Fire
Marshal that the licensee is practicing without a current
license, that the individual, person, or distributor is acting
as a fire equipment distributor or employee, as the case may
be, without a license, and the amount due to the State Fire
Marshal, which shall include the lapsed renewal fee and all
other fees required by this Section. If after the expiration of
30 days from the date of such notification, the licensee whose
license has lapsed seeks a current license, he shall thereafter
apply to the State Fire Marshal for reinstatement of the
license and pay all fees due to the State Fire Marshal. The
State Fire Marshal may establish a fee for the processing of an
application for reinstatement of a license that allows the
State Fire Marshal to pay all costs and expenses incident to
the processing of this application. The State Fire Marshal may
waive the fees due under this Section in individual cases where
he finds that the fees would be unreasonable or unnecessarily
burdensome.
 
    Section 70. Change of address; display of license;
duplicate license or certificate.
    (a) A licensee shall report a change in home or office
address within 10 days of when it occurs.
    (b) Each licensee shall prominently display his or her
license to practice at each place from which the practice is
being performed. If more than one location is used, branch
office certificates shall be issued upon payment of the fees to
be established by the State Fire Marshal. Each fire equipment
employee shall carry on his or her person a wallet card issued
by the State Fire Marshal.
    (c) If a license or certificate is lost, a duplicate shall
be issued upon payment of the required fee to be established by
the State Fire Marshal. If a licensee wishes to change his or
her name, the State Fire Marshal shall issue a license in the
new name upon satisfactory proof that such change was done in
accordance with law and upon payment of the required fee.
    (d) Each licensee shall permit his or her facilities to be
inspected by representatives of the State Fire Marshal.
 
    Section 75. Grounds for disciplinary sanctions. Licensees
subject to this Act shall conduct their practice in accordance
with this Act and with any rules adopted under this Act.
Licensees shall be subject to the exercise of the disciplinary
sanctions enumerated in Section 90 if the State Fire Marshal
finds that a licensee is guilty of any of the following:
    (1) fraud or material deception in obtaining or renewing of
a license;
    (2) professional incompetence as manifested by poor
standards of service;
    (3) engaging in dishonorable, unethical, or unprofessional
conduct of a character likely to deceive, defraud, or harm the
public in the course of professional services or activities;
    (4) conviction of any crime by a licensee that has a
substantial relationship to his or her practice or an essential
element of which is misstatement, fraud, or dishonesty, or
conviction in this or another state of any crime that is a
felony under the laws of Illinois or conviction of a felony in
a federal court, unless the person demonstrates that he or she
has been sufficiently rehabilitated to warrant the public
trust;
    (5) performing any services in a grossly negligent manner
or permitting any of his or her licensed employees to perform
services in a grossly negligent manner, regardless of whether
actual damage or damages to the public is established;
    (6) habitual drunkenness or habitual addiction to the use
of morphine, cocaine, controlled substances, or other
habit-forming drugs;
    (7) directly or indirectly willfully receiving
compensation for any professional services not actually
rendered;
    (8) having disciplinary action taken against his or her
license in another state;
    (9) making differential treatment against any person to his
or her detriment because of race, color, creed, sex, religion,
or national origin;
    (10) engaging in unprofessional conduct;
    (11) engaging in false or misleading advertising;
    (12) contracting or assisting unlicensed persons to
perform services for which a license is required under this
Act;
    (13) permitting the use of his or her license to enable any
unlicensed person or agency to operate as a licensee;
    (14) performing and charging for services without having
authorization to do so from the member of the public being
served;
    (15) failure to comply with any provision of this Act or
the rules adopted under this Act;
    (16) conducting business regulated by this Act without a
currently valid license.
 
    Section 80. Complaints. All complaints concerning
violations regarding licensees or unlicensed activity shall be
received and logged by the State Fire Marshal and reported to
the Board.
 
    Section 85. Formal charges.
    (a) Following the investigative process, the State Fire
Marshal may file formal charges against the licensee. The
formal charges shall, at a minimum, inform the licensee of the
facts that make up the basis of the charge and that are
specific enough to enable the licensee to defend himself.
    (b) Each licensee whose conduct is the subject of a formal
charge that seeks to impose disciplinary action against the
licensee shall be served notice of said formal charge at least
30 days before the date of the hearing, which shall be presided
over by a hearing officer authorized by the State Fire Marshal.
Service shall be considered to have been given if the notice
was personally received by the licensee or if the notice was
sent by certified mail, return receipt requested to the
licensee at the licensee's last known address, as listed with
the State Fire Marshal.
    (c) The notice of formal charges shall consist at a minimum
of the following information:
        (1) the time, place, and date of the hearing;
        (2) that the licensee shall appear personally at the
    hearing and may be represented by counsel;
        (3) that the licensee shall have the right to produce
    witnesses and evidence in his behalf and shall have the
    right to cross-examine witnesses and refute evidence
    produced against him or her;
        (4) that the hearing could result in disciplinary
    action being taken against his or her license;
        (5) that rules for the conduct of these hearings exist
    and it may be in the licensee's best interest to obtain a
    copy;
        (6) that a hearing officer authorized by the State Fire
    Marshal shall preside at the hearing and following the
    conclusion of said hearing shall make findings of fact,
    conclusions of law, and recommendations, separately
    stated, to the State Fire Marshal as to what disciplinary
    action, if any, should be imposed on the licensee; and
        (7) that the State Fire Marshal may continue such
    hearing.
    (d) The hearing officer authorized by the State Fire
Marshal shall hear evidence produced in support of the formal
charges and contrary evidence produced by the licensee, if any.
At the conclusion of the hearing, the hearing officer shall
make findings of fact, conclusions of law, and recommendations,
separately stated, and submit them to the State Fire Marshal
and to all parties to the proceeding. Submission to the
licensee shall be considered as having been made if done in a
similar fashion as service of the notice of formal charges.
Within 20 days after such service, any party to the proceeding
may present to the State Fire Marshal a motion, in writing, for
a rehearing which written motion shall specify the particular
grounds therefor.
    (e) The State Fire Marshal, following the time allowed for
filing a motion for rehearing, shall review the hearing
officer's findings of fact, conclusions of law, and
recommendations, and any motions filed subsequent thereto.
After review of such information the State Fire Marshal may
hear oral arguments and thereafter shall issue an order. The
report of findings of fact, conclusions of law, and
recommendations of the hearing officer shall be the basis for
the State Fire Marshal's order. If the State Fire Marshal finds
that substantial justice was not done, he or she may issue an
order in contravention of the findings of fact, conclusions of
law, and recommendations of the hearing officer. The State Fire
Marshal shall provide the Board with written explanation of any
such deviation, and shall specify with particularity the
reasons for said action. The finding is not admissible in
evidence against the person in criminal prosecution brought for
the violation of this Act.
    (f) All proceedings under this Section are matters of
public record and shall be preserved.
 
    Section 90. Disciplinary sanctions; hearings.
    (a) The State Fire Marshal shall impose any of the
following sanctions, singly or in combination, when he or she
finds that a licensee is guilty of any offense described in
Section 75:
        (1) revocation;
        (2) suspension for any period of time;
        (3) reprimand or censure;
        (4) placement on probationary status and the
    requirement of the submission of any of the following:
            (i) report regularly to the Board or State Fire
        Marshal upon matters that are the basis of the
        probation;
            (ii) continuation or renewal of professional
        education until a satisfactory degree of skill has been
        attained in those areas that are the basis of the
        probation; or
            (iii) such other reasonable requirements or
        restrictions as are proper;
        (5) refusal to issue, renew, or restore;
        (6) revocation of probation that has been granted and
    imposition of any other discipline in this subsection (a)
    when the requirements of probation have not been fulfilled
    or have been violated.
    (b) The State Fire Marshal may summarily suspend a license
under this Act, without a hearing, simultaneously with the
filing of a formal complaint and notice for a hearing provided
under this Section if the State Fire Marshal finds that the
continued operations of the individual would constitute an
immediate danger to the public. In the event the State Fire
Marshal suspends a license under this subsection, a hearing by
the hearing officer designated by the State Fire Marshal shall
begin within 20 days after such suspension begins, unless
continued at the request of the licensee.
    (c) Disposition may be made of any formal complaint by
consent order between the State Fire Marshal and the licensee,
but the Board must be apprised of the full consent order in a
timely way.
    (d) The State Fire Marshal shall reinstate any license to
good standing under this Act, upon recommendation to the State
Fire Marshal, after a hearing before the hearing officer
authorized by the State Fire Marshal. The State Fire Marshal
shall be satisfied that the applicant's renewed practice is not
contrary to the public interest.
    (e) The State Fire Marshal may order a licensee to submit
to a reasonable physical examination if his or her physical
capacity to practice safely is at issue in a disciplinary
proceeding. Failure to comply with a State Fire Marshal order
to submit to a physical examination shall render a licensee
liable to the summary suspension procedures described in this
Section.
    (f) The State Fire Marshal may conduct hearings and issue
cease and desist orders to persons who engage in activities
prohibited by this Act without having a valid license,
certificate, or registration. Any person in violation of a
cease and desist order entered by the State Fire Marshal shall
be subject to all of the remedies provided by law, and in
addition, shall be subject to a civil penalty payable to the
party injured by the violation.
    (g) The State Fire Marshal shall seek to achieve
consistency in the application of the foregoing sanctions and
consent orders and significant departure from prior decisions
involving similar conduct shall be explained in the State Fire
Marshal's orders.
 
    Section 95. Witnesses; record of proceedings.
    (a) The State Fire Marshal has the power to subpoena and
bring before it any person in this State and to take testimony
either orally or by deposition, or both, with the same fees and
mileage and in the same manner as is prescribed by law for
judicial proceedings in civil cases. The State Fire Marshal and
the hearing officer approved by the State Fire Marshal have the
power to administer oaths at any hearing that the State Fire
Marshal is authorized to conduct.
    (b) Any circuit court, upon the application of the licensee
or the State Fire Marshal, may order the attendance of
witnesses and the production of relevant books and papers in
any hearing under this Act. The court may compel obedience to
its order by proceedings for contempt.
    (c) The State Fire Marshal, at its expense, shall provide a
stenographer or a mechanical recording device to record the
testimony and preserve a record of all proceedings at the
hearing of any case wherein a license may be revoked,
suspended, or placed on probationary status or other
disciplinary action taken with regard to the license. 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
hearing officer, and the orders of the State Fire Marshal
constitute the record of such proceedings. The State Fire
Marshal shall furnish a transcript of the record to any
interested person upon payment of the costs of copying and
transmitting the record.
 
    Section 100. Judicial review. All final administrative
decisions of the State Fire Marshal are subject to judicial
review under the provisions of the Administrative Review Law
and the rules adopted under this Act. Such proceedings for
judicial review shall be commenced in the circuit court of the
county in which the party applying for review resides. If the
party applying for review is not a resident of Illinois, the
venue shall be in Sangamon County. The State Fire Marshal 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 there is filed in the court with the
complaint a receipt from the State Fire Marshal acknowledging
payment of the costs of furnishing and certifying the record
which costs shall be computed at the cost of preparing such
record. Exhibits shall be certified without cost. Failure on
the part of the licensee to file the receipt in court shall be
grounds for dismissal of the action. During all judicial
proceedings incident to the disciplinary action, the sanctions
imposed upon the accused by the State Fire Marshal shall remain
in effect, unless the court feels justice requires a stay of
the Order.
 
    Section 105. Order; prima facie proof. An order of
revocation, suspension, placing the license on probationary
status or other formal disciplinary action as the State Fire
Marshal may deem proper, or a certified copy thereof, over the
seal of the State Fire Marshal and purporting to be signed by
the State Fire Marshal, is prima facie proof that:
    (1) the signature is that of the State Fire Marshal;
    (2) the State Fire Marshal is qualified to act; and
    (3) the hearing officer is qualified to act on behalf of
the State Fire Marshal.
Such proof may be rebutted.
 
    Section 110. Surrender of license. Upon the suspension or
revocation of a license issued under this Act, a licensee shall
surrender the license to the State Fire Marshal and, upon
failure to do so, the State Fire Marshal shall seize the same.
 
    Section 115. Publication of records. The State Fire Marshal
shall, upon request, publish a list of the names and addresses
of all licensees under the provisions of this Act. The State
Fire Marshal shall publish a list of all persons whose licenses
have been disciplined within one year, and a quarterly list of
each individual who was denied employment status because of a
criminal history, together with such other information as it
may deem of interest to the public.
 
    Section 120. Criminal penalties.
    (a) Any person who violates any of the following provisions
shall be guilty of a Class A misdemeanor for the first offense:
        (1) the practice of or attempted practice as a fire
    equipment distributor or employee without a license;
        (2) the obtaining of or the attempting to obtain a
    license, practice, or business or any other thing of value
    by fraudulent representation;
        (3) permitting, directing, or authorizing any person
    in one's employ or under one's direction or supervision to
    work or serve as a licensee if that individual does not
    possess an appropriate valid license.
    (b) Whenever any person is punished as a repeat offender
under this Section, the State Fire Marshal may proceed to
obtain a permanent injunction against the person under Section
10.
    (c) If any person in making an oath or affidavit required
by this Act swears falsely, that person is guilty of perjury
and upon conviction thereof, may be punished accordingly.
    (d) A person who violates any Section of this Act other
than this Section shall be guilty of a Class A misdemeanor for
the first offense.
    A second or subsequent offense in violation of any Section
of this Act, including this Section, is a Class 4 felony.
 
    Section 900. The Regulatory Sunset Act is amended by
changing Section 4.23 as follows:
 
    (5 ILCS 80/4.23)
    Sec. 4.23. Acts and Sections repealed on January 1, 2013.
The following Acts and Sections of Acts are repealed on January
1, 2013:
    The Dietetic and Nutrition Services Practice Act.
    The Elevator Safety and Regulation Act.
    The Fire Equipment Distributor and Employee Regulation Act
of 2011.
    The Funeral Directors and Embalmers Licensing Code.
    The Naprapathic Practice Act.
    The Professional Counselor and Clinical Professional
Counselor Licensing Act.
    The Wholesale Drug Distribution Licensing Act.
    Section 2.5 of the Illinois Plumbing License Law.
(Source: P.A. 95-331, eff. 8-21-07.)
 
    Section 999. Effective date. This Act takes effect upon
becoming law.

Effective Date: 1/18/2011