Public Act 097-0979 Public Act 0979 97TH GENERAL ASSEMBLY
| Public Act 097-0979 | HB4479 Enrolled | LRB097 14454 CEL 59303 b |
|
| AN ACT concerning regulation.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 1. The Regulatory Sunset Act is amended by changing | Section 4.23 and by adding Section 4.33 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 Acts and Sections repealed on January 1,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repealed on January | 1, 2013: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; 96-1499, eff. 1-18-11.)
| (5 ILCS 80/4.33 new) | Sec. 4.33. Act repealed on January 1,
2023. The following |
| Act is
repealed on January 1, 2023: | The Fire Equipment Distributor and Employee Regulation Act | of 2011. | Section 5. The Fire
Equipment Distributor and
Employee | Regulation Act of 2011 is amended by changing Sections 5, 10, | 30, 35, 40, 75, 85, and 90 and by adding Sections 82 and 83 as | follows: | (225 ILCS 217/5) | (Section scheduled to be repealed on January 1, 2013)
| Sec. 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.
|
| (i) "NAFED" means the National Association of Fire | Equipment Distributors located in Chicago, Illinois. | (j) "ICC" means the International Code Council. | (Source: P.A. 96-1499, eff. 1-18-11.) | (225 ILCS 217/10) | (Section scheduled to be repealed on January 1, 2013)
| Sec. 10. License requirement; injunction ; cease and desist | order . | (a) 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.
| (b) The State Fire Marshal, in the name of the People and | through the Attorney
General, the
State's Attorney of any | county, any interested resident of the State, or any interested | legal
entity within the State , may petition the court with | appropriate jurisdiction for an order seeking injunctive | relief to enjoin from practicing a licensed activity in | violation of this Act any person, firm, association, or | corporation who has not been issued a license, or whose license |
| has been suspended, revoked, or not renewed. If any person, | firm, association, or corporation holds itself out as being a | licensee under this Act and is not licensed to do so, then any | licensee, interested party, or any person injured thereby may | petition for relief as provided in this Section. Upon the | filing of a verified complaint, a copy shall be served upon the | defendant and the proceedings shall thereafter be conducted as | in other civil cases. The court with appropriate jurisdiction | may issue a temporary restraining order without notice or bond. | 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 permanently 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. | (c) Whenever, in the opinion of the State Fire Marshal, a | person, firm, association, or corporation violates any | provision of this Act, the State Fire Marshal may issue an | order to show cause why an order to cease and desist should not | be entered against that person, firm, association, or | corporation. The order shall clearly set forth the grounds | relied upon by the State Fire Marshal and shall allow the | person, firm, association, or corporation at least 7 days after | the date of the order to file an answer satisfactory to the | State Fire Marshal. A failure to answer an order to show cause | to the satisfaction of the State Fire Marshal shall result in | the issuance of an order to cease and desist. | (d) 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.
| (Source: P.A. 96-1499, eff. 1-18-11.) | (225 ILCS 217/30) | (Section scheduled to be repealed on January 1, 2013)
| Sec. 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) (Blank). 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) (Blank). 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) (Blank). 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.
| (Source: P.A. 96-1499, eff. 1-18-11.) | (225 ILCS 217/35) | (Section scheduled to be repealed on January 1, 2013)
| Sec. 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.
| (Source: P.A. 96-1499, eff. 1-18-11.) | (225 ILCS 217/40) | (Section scheduled to be repealed on January 1, 2013)
| Sec. 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 ICC/NAFED examination administered by the | ICC as a technician certified to service a Portable Fire | Extinguisher .
| (2) Pay an annual license fee of $20.
| (3) Provide 2 copies of a current photograph at least | 1" x 1" in size.
| (f) To qualify for a Class 2I 2 Fire Equipment Employee | License to service,
recharge, hydro-test, install, maintain, | or inspect all types
of pre-engineered industrial fire | extinguishing systems, an applicant must complete all of
the | following:
| (1) Pass the ICC/NAFED examination administered by the | ICC as a technician certified to service Pre-Engineered | Industrial Fire Suppression Systems .
|
| (2) Pay an annual license fee of $20.
| (3) Provide 2 copies of a current photograph at least | 1" x 1" in size.
| (f-5) To qualify for a Class 2K Fire Equipment Employee | License to service, recharge, hydro-test, install, maintain, | or inspect all types of pre-engineered kitchen fire | extinguishing systems, an applicant must complete all of the | following: | (1) Pass the ICC/NAFED examination administered by the | ICC as a technician certified to service Pre-Engineered | Kitchen Fire Extinguishing Systems. | (2) Pay an annual fee of $20. | (3) Provide 2 copies of 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.
| (h) All licenses issued under this Act shall remain in | effect unless the licensee is otherwise notified by the Office | of the State Fire Marshal. | (Source: P.A. 96-1499, eff. 1-18-11.) |
| (225 ILCS 217/75) | (Section scheduled to be repealed on January 1, 2013)
| Sec. 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. The | State Fire Marshal may refuse to issue or renew any license and | it may suspend or revoke any license or may place on probation, | censure, reprimand, or take other disciplinary action deemed | appropriate by the State Fire Marshal and enumerated in this | Act, including the imposition of fines not to exceed $5,000 for | each violation, with regard to any license issued under this | Act for any one or more of the reasons enumerated in this | Section. Any civil penalty assessed by the State Fire Marshal | pursuant to this Act 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 executed | in the same manner as any judgment from any court of record. | Grounds for discipline under this Act are: 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.
| (Source: P.A. 96-1499, eff. 1-18-11.) | (225 ILCS 217/82 new) | Sec. 82. Investigations. The State Fire Marshal may | investigate the actions of any applicant or any person, firm, | association, or corporation holding or claiming to hold a | license under this Act. Before revoking, suspending, | reprimanding, or taking any other disciplinary action | permitted under this Act, the State Fire Marshal may issue a | citation, refer the matter for prosecution, or institute formal |
| charges as provided for in this Act. | (225 ILCS 217/83 new) | Sec. 83. Citations. | (a) The State Fire Marshal may adopt rules to permit the | issuance of citations for certain violations of this Act or the | rules adopted under this Act. The citation shall be issued to | the licensee and shall contain the licensee's name and address, | the licensee's license number, a brief factual statement, the | Sections of the law or rules allegedly violated, and the | penalty imposed. The citation must clearly state that the | licensee may choose, in lieu of accepting the citation, to | request a hearing on the date and at the place specified on the | citation. The citation shall not provide a hearing date less | than 30 days after the citation's issuance date. Any dispute | filed by the licensee with the State Fire Marshal shall comply | with the requirements for a written answer set forth in | subsection (a) of Section 85 of this Act. If the licensee does | not dispute the citation with the State Fire Marshal within 20 | days after the citation is served, then the citation shall | become a final order and shall constitute discipline. The | penalty shall be a fine or other conditions as established by | rule. | (b) The State Fire Marshal shall adopt rules designating | violations for which a citation may be issued. Such rules shall | identify citation violations for those violations for which |
| there is, in the determination of the State Fire Marshal or his | or her designee, no substantial threat to the public health, | safety, or welfare. Citations shall not be utilized if, in the | determination of the State Fire Marshal or his or her designee, | significant consumer harm resulted from the violation. | (c) A citation must be issued within 6 months after the | State Fire Marshal became first aware of the facts forming the | basis for the citation. | (d) Service of a citation may be made by personal service | or certified mail to the licensee at the licensee's address of | record. | (225 ILCS 217/85) | (Section scheduled to be repealed on January 1, 2013)
| Sec. 85. Formal charges. | (a) Before revoking, suspending, annulling, withdrawing, | amending materially, or refusing to renew any valid license, | Following the investigative process, the State Fire Marshal | shall 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 ; .
| (8) that the licensee shall file a written answer to | the charges with the State
Fire Marshal under oath within | 20 days after service of the notice; and | (9) that if the accused fails to answer, a default | judgment shall be taken against him, her, or it, or that | his, her, or its license may be suspended, revoked, placed | on probationary status, or subject to other disciplinary | action as the State Fire Marshal deems proper, without a | hearing, if the act or acts charged constitute sufficient | grounds for such action under this Act. | (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 , but the hearing and findings are not | a bar to a criminal prosecution brought for the violation of | this Act .
| (f) All proceedings under this Section are matters of | public record
and shall be preserved.
| (Source: P.A. 96-1499, eff. 1-18-11.) | (225 ILCS 217/90) | (Section scheduled to be repealed on January 1, 2013)
| Sec. 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 ; or .
| (7) imposition of a fine not to exceed $5,000 for each | violation of this Act or the rules adopted under this Act. | (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.
| (Source: P.A. 96-1499, eff. 1-18-11.) | (225 ILCS 217/25 rep.) | (225 ILCS 217/50 rep.) | (225 ILCS 217/55 rep.) | Section 10. The Fire
Equipment Distributor and
Employee | Regulation Act of 2011 is amended by repealing Sections 25, 50, | and 55.
| Section 99. Effective date. This Act takes effect upon | becoming law.
| |
INDEX
|
Statutes amended in order of appearance
| | 5 ILCS 80/4.23 | | | 5 ILCS 80/4.33 new | | | 225 ILCS 217/5 | | | 225 ILCS 217/10 | | | 225 ILCS 217/30 | | | 225 ILCS 217/35 | | | 225 ILCS 217/40 | | | 225 ILCS 217/75 | | | 225 ILCS 217/82 new | | | 225 ILCS 217/83 new | | | 225 ILCS 217/85 | | | 225 ILCS 217/90 | | | 225 ILCS 217/25 rep. | | | 225 ILCS 217/50 rep. | | | 225 ILCS 217/55 rep. | |
| |
Effective Date: 8/17/2012
|