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Public Act 91-0133
SB123 Enrolled LRB9102228ACtm
AN ACT concerning the regulation of the practice of
architecture.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Regulatory Sunset Act is amended by
changing Section 4.10 and adding Section 4.20 as follows:
(5 ILCS 80/4.10) (from Ch. 127, par. 1904.10)
Sec. 4.10. The following Acts are repealed December 31,
1999:
The Fire Equipment Distributor and Employee Regulation
Act.
The Professional Engineering Practice Act of 1989.
The Structural Engineering Licensing Act of 1989.
The Illinois Architecture Practice Act of 1989.
The Illinois Landscape Architecture Act of 1989.
The Illinois Professional Land Surveyor Act of 1989.
The Land Sales Registration Act of 1989.
The Real Estate License Act of 1983.
(Source: P.A. 86-667; 86-702; 86-711; 86-925; 86-932; 86-987;
86-1007; 86-1028.)
(5 ILCS 80/4.20 new)
Sec. 4.20. Act repealed on January 1, 2010. The
following Act is repealed on January 1, 2010:
The Illinois Architecture Practice Act of 1989.
Section 10. The Illinois Architecture Practice Act of
1989 is amended by changing Sections 3, 8, 9, 10, 11, 12,
13, 14, 19, 21, 22, and 38 and adding Section 16.5 as
follows:
(225 ILCS 305/3) (from Ch. 111, par. 1303)
Sec. 3. Application of Act. Nothing in this Act shall
be deemed or construed to prevent the practice of structural
engineering as defined in the Structural Engineering
Licensing Act of 1989, the practice of professional
engineering as defined in the Professional Engineering
Practice Act of 1989, or the preparation of documents used to
prescribe work to be done inside buildings for
non-loadbearing interior construction, furnishings, fixtures
and equipment, or the offering or preparation of
environmental analysis, feasibility studies, programming or
construction management services by persons other than those
licensed in accordance with this Act, the Structural
Engineering Licensing Act of 1989 or the Professional
Engineering Practice Act of 1989.
Nothing contained in this Act shall prevent the
draftsmen, students, project representatives and other
employees of those lawfully practicing as licensed architects
under the provisions of this Act, from acting under the
direct supervision and control of their employers, or to
prevent the employment of project representatives for
enlargement or alteration of buildings or any parts thereof,
or prevent such project representatives from acting under the
direct supervision and control of the licensed architect by
whom the construction documents including drawings and
specifications of any such building, enlargement or
alteration were prepared.
Nothing in this Act or any other Act shall prevent a
registered architect from practicing interior design
services. Nothing in this Act shall be construed as
requiring the services of an interior designer for the
interior designing of a single family residence.
This Act does not apply to any of the following:
(A) The building, remodeling or repairing of any
building or other structure outside of the corporate
limits of any city or village, where such building or
structure is to be, or is used for residential or farm
purposes, or for the purposes of outbuildings or
auxiliary buildings in connection with such residential
or farm premises.
(B) The construction, remodeling or repairing of a
detached single family residence on a single lot.
(C) The construction, remodeling or repairing of a
two-family residence of wood frame construction on a
single lot, not more than two stories and basement in
height.
(D) Interior design services for buildings which do
not involve life safety or structural changes.
However, all buildings not included in the preceding
paragraphs (A) through (D), including multi-family buildings
and buildings previously exempt under those paragraphs but
subsequently non-exempt due to a change in occupancy or use,
are subject to the requirements of this Act. Interior
alterations which result in life safety or structural changes
of the building are subject to the requirements of this Act.
(Source: P.A. 87-435; 88-650, eff. 9-16-94.)
(225 ILCS 305/8) (from Ch. 111, par. 1308)
Sec. 8. Powers and duties of the Department. Subject to
the provisions of this Act, the Department shall exercise the
following functions, powers and duties:
(a) Conduct examinations to ascertain the qualifications
and fitness of applicants for licensure as licensed
architects, and pass upon the qualifications and fitness of
applicants for licensure by endorsement;
(b) Prescribe rules for a method of examination of
candidates;
(c) Prescribe rules defining what constitutes a school,
college or university, or department of a university, or
other institution, reputable and in good standing, to
determine whether or not a school, college or university, or
department of a university, or other institution is reputable
and in good standing by reference to a compliance with such
rules, and to terminate the approval of such school, college
or university or department of a university or other
institution that refuses admittance to applicants solely on
the basis of race, color, creed, sex or national origin. The
Department may adopt, as its own rules relating to education
requirements, those guidelines published from time to time by
the National Architectural Accrediting Board;
(d) Prescribe rules for diversified professional
training;
(e) Conduct oral interviews, disciplinary conferences
and formal evidentiary hearings on proceedings to impose
fines or to suspend, revoke, place on probationary status,
reprimand, and refuse to issue or restore any license issued
under the provisions of this Act for the reasons set forth in
Section 22 of this Act;
(f) Issue licenses to those who meet the requirements of
this Act; and
(g) Formulate and publish rules necessary or appropriate
to carrying out the provisions of this Act.
(h) To maintain membership in the National Council of
Architectural Registration Boards and participate in
activities of the Council by designation of individuals for
the various classifications of membership and the appointment
of delegates for attendance at regional and national meetings
of the Council. All costs associated with membership and
attendance of such delegates to any national meetings may be
funded from the Design Professionals Administration and
Investigation Fund.
Prior to issuance of any final decision or order that
deviates from any report or recommendation of the Board
relating to the qualification of applicants, discipline of
licensees or registrants, or promulgation of rules, the
Director shall notify the Board in writing with an
explanation of any such deviation and provide a reasonable
time for the Board to submit writing comments to the Director
regarding the proposed action. In the event that the Board
fails or declines to submit such written comments within 30
days of said notification, the Director may issue a final
decision or orders consistent with the Director's original
decision. The Department may at any time seek the expert
advice and knowledge of the Board on any matter relating to
the enforcement of this Act.
(Source: P.A. 86-702.)
(225 ILCS 305/9) (from Ch. 111, par. 1309)
Sec. 9. Creation of the Board. The Director shall
appoint an Architecture Architect Licensing Board which will
consist of 6 members. Five members shall be licensed
architects, one of whom shall be a tenured member of the
architectural faculty of the University of Illinois. The
other 4 shall be licensed architects, residing in this State,
who have been engaged in the practice of architecture at
least 10 years. In addition to the 5 licensed architects,
there shall be one public member. The public member shall be
a voting member and shall not hold a license as an architect,
professional engineer, structural engineer or land surveyor.
Board members shall serve 5 year terms and until their
successors are appointed and qualified. For the initial
appointments made under this Act, however, 2 members shall be
appointed to serve for a period of one year, 2 members shall
be appointed to serve for a period of 3 years, and one member
shall be appointed for a period of 5 years. The public member
shall be appointed to an initial term of 5 years. In making
the designation of persons to the Board, the Director shall
give due consideration to recommendations by members and
organizations of the profession.
The membership of the Board should reasonably reflect
representation from the geographic areas in this State.
No member shall be reappointed to the Board for a term
which would cause his or her continuous service on the Board
to be longer than 10 successive years. Service prior to the
effective date of this Act shall not be considered.
Appointments to fill vacancies shall be made in the same
manner as original appointments, for the unexpired portion of
the vacated term. Initial terms shall begin upon the
effective date of this Act and Board members in office on
that date under the predecessor Act may be appointed to
specific terms as indicated in this Section.
Persons holding office as members of the Board under the
Illinois Architecture Act immediately prior to the effective
date of this Act shall continue as members of the Board under
this Act until the expiration of the term for which they were
appointed and until their successors are appointed and
qualified.
A quorum of the Board shall consist of a majority of
Board members currently appointed. A majority vote of the
quorum is required for Board decisions. Four members shall
constitute a quorum of Board members. The Chairman shall
only vote on all matters to come before the Board in the case
of a tie vote.
The Director may remove any member of the Board for
misconduct, incompetence, neglect of duty, or for reasons
prescribed by law for removal of State officials.
The Director may remove a member of the Board who does
not attend 2 consecutive meetings.
The Director may terminate the appointment of any member
for cause which in the opinion of the Director reasonably
justifies such termination.
Notice of proposed rulemaking shall be transmitted to the
Board and the Department shall review the response of the
Board and any recommendations made therein. The Department
may, at any time, seek the expert advice and knowledge of the
Board on any matter relating to the administration or
enforcement of this Act.
Members of the Board are immune from suit in any action
based upon any disciplinary proceedings or other activities
performed in good faith as members of the Board.
(Source: P.A. 86-702; 87-593.)
(225 ILCS 305/10) (from Ch. 111, par. 1310)
Sec. 10. Powers and duties of the Board.
(a) The Board shall hold at least 3 regular meetings each
year.;
(b) The Board shall annually elect a Chairperson and a
Vice Chairperson Chairman who shall be a licensed architects.
architect;
(c) The Board, upon request by the Department, may make
a curriculum evaluation to determine if courses conform to
the requirements of approved architectural programs.;
(d) The Board shall assist the Department in conducting
oral interviews, disciplinary conferences and formal
evidentiary hearings.;
(e) The Department may, at any time, seek the expert
advice and knowledge of the Board on any matter relating to
the enforcement of this Act.;
(f) The Board may appoint a subcommittee to serve as a
Complaint Committee to recommend the disposition of case
files according to procedures established by rule.;
(g) The Board shall review applicant qualifications to
sit for the examination or for licensure and shall make
recommendations to the Department. The Department shall
review the Board's recommendations on applicant
qualifications. The Director shall notify the Board in
writing with an explanation of any deviation from the Board's
recommendation on applicant qualifications. After review of
the Director's written explanation of his or her reasons for
deviation, the Board shall have the opportunity to comment
upon the Director's decision.
(h) The Board shall submit written comments to the
Director within 30 days from notification of any final
decision or order from the Director that deviates from any
report or recommendation of the Board relating to the
qualifications of applicants, discipline of licensees or
registrants, or promulgation of rules.
(Source: P.A. 88-428.)
(225 ILCS 305/11) (from Ch. 111, par. 1311)
Sec. 11. Application for original license. Applications
for original licensure shall be made to the Department in
writing on forms prescribed by the Department and shall be
accompanied by the required fee, which is not refundable.
Any such application shall require information as in the
judgment of the Department will enable the Department to pass
on the qualifications of the applicant to practice
architecture. The Department may require an applicant, at the
applicant's expense, to have an evaluation of the applicant's
education in a foreign country by a nationally recognized
educational body approved by the Board in accordance with
rules prescribed by the Department.
An applicant who has graduated from an architectural
program outside the United States or its territories and
whose first language is not English shall submit
certification of passage of the Test of English as a Foreign
Language (TOEFL) and the Test of Spoken English (TSE) as
defined by rule before taking the licensure examination.
(Source: P.A. 89-594, eff. 8-1-96.)
(225 ILCS 305/12) (from Ch. 111, par. 1312)
Sec. 12. Examinations; subjects; failure or refusal to
take examination. The Department shall authorize examination
of applicants as architects at such times and places as it
may determine. The examination shall be in English and shall
be written or written and graphic. It shall include at a
minimum the following subjects:
"(a) pre-design (environmental analysis,
architectural programming, and application of principles
of project management and coordination), environmental
analysis and programming;
(b) site planning (site analysis, design and
development, parking, and application of zoning
requirements) design;
(c) building planning (conceptual planning of
functional and space relationships, building design,
interior space layout, barrier-free design, and the
application of the life safety code requirements and
principles of energy efficient design) design;
(d) building technology (application of structural
systems, building components, and mechanical and
electrical systems) structural technology (general, long
span, and lateral);
(e) general structures (identification, resolution,
and incorporation of structural systems and the long span
design on the technical aspects of the design of
buildings and the process and construction) life safety
codes and technology, and energy efficient design;
(f) lateral forces (identification and resolution
of the effects of lateral forces on the technical aspects
of the design of buildings and the process of
construction) barrier free design;
(g) mechanical, plumbing, and electrical systems
(as applied to the design of buildings, including
plumbing and acoustical systems) (principles of
sanitation and ventilation as applied to buildings);
(h) materials and methods (as related to the design
of buildings and the technical aspects of construction);
and
(i) construction documents and services (conduct of
architectural practice as it relates to construction
documents, bidding, and construction administration and
contractual documents from beginning to end of a building
project)., technical submissions, and professional
practice, including the contractual duties of an
architect; and
It shall be the responsibility of the applicant to
be familiar with this Act and its rules.
Examination subject matter headings and bases on which
examinations are graded shall be indicated in rules
pertaining to this Act. The Department may adopt the
examinations and grading procedures of the National Council
of Architectural Registration Boards. Content of any
particular examination shall not be considered public record
under the Freedom of Information Act.
If an applicant neglects without an approved excuse or
refuses to take the next available examination offered for
licensure under this Act, the fee paid by the applicant shall
be forfeited. If an applicant fails to pass an examination
for licensure under this Act within 3 6 years after filing an
application, the application shall be denied. The applicant
may, however, make a new application for examination
accompanied by the required fee and must furnish proof of
meeting the qualifications for examination in effect at the
time of the new application.
The Department may by rule prescribe additional subjects
for examination.
An applicant has one year from the date of notification
of successful completion of all the examination requirements
to apply to the Department for a license. If an applicant
fails to apply within one year, the applicant shall be
required to again take and pass the examination.
(Source: P.A. 86-702; 87-593.)
(225 ILCS 305/13) (from Ch. 111, par. 1313)
Sec. 13. Qualifications of applicants. Any person who
is of good moral character may take an examination for
licensure if he or she is a graduate with a first
professional degree in architecture from a program accredited
by the National Architectural Accrediting Board and has
completed such diversified professional training, including
academic training, as is required by rules of the Department.
In lieu of the requirement of graduation with a first
professional degree in architecture from a program accredited
by the National Architectural Accrediting Board, the
Department may admit an applicant who is a graduate with a
pre-professional 4 year baccalaureate degree accepted for
direct entry into a first professional master of architecture
degree program, and who has completed such additional
diversified professional training, including academic
training, as is required by rules of the Department. The
Department may adopt, as its own rules relating to
diversified professional training, those guidelines published
from time to time by the National Council of Architectural
Registration Boards.
Good moral character means such character as will enable
a person to discharge the fiduciary duties of an architect to
that person's client and to the public in a manner which
protects health, safety and welfare. Evidence of inability
to discharge such duties may include the commission of an
offense justifying discipline under Section 19. In addition,
the Department may take into consideration whether the
applicant has engaged in conduct or actions that would
constitute grounds for discipline under this Act any felony
conviction of the applicant, but such a conviction shall not
operate as an absolute bar to qualification for examination
for licensure.
(Source: P.A. 89-387, eff. 8-20-95.)
(225 ILCS 305/14) (from Ch. 111, par. 1314)
Sec. 14. Display of license; Seal. Every holder of a
license as a licensed architect shall display it in a
conspicuous place in the principal office of the architect.
Every licensed architect shall have a reproducible seal,
or facsimile, the print of which shall contain the name of
the architect, the license number, and the words "Licensed
Architect, State of Illinois". The licensed architect shall
affix the signature, current date, date of license expiration
and seal to the first sheet of any bound set or loose sheets
of construction documents utilized as contract documents or
prepared for the review and approval of any governmental or
public authority having jurisdiction by that licensed
architect or under that licensed architect's direct
supervision and control. The sheet of construction documents
in which the seal is affixed shall indicate those documents
or parts thereof for which the seal shall apply. The seal and
dates may be electronically affixed. The signature must be
in the original handwriting of the licensee. Signatures
generated by computer shall not be permitted. All
construction documents issued by any corporation,
partnership, professional service corporation, or
professional design firm as registered under this Act shall
contain the corporate or assumed business name and design
firm registration number, in addition to any other seal
requirements as set forth in this Section.
"Direct supervision and control" means that the architect
has exerted sufficient personal supervision, control, and
review of the activities of those employed to perform
architectural work to ensure that the construction documents
produced by those so employed and sealed by the architect
meet the standards of reasonable professional skill and
diligence and are of no lesser quality than if they had been
produced personally by the architect. The architect is
obligated to have detailed professional knowledge of the
construction documents the architect seals and to have
exercised professional judgement in all architectural matters
embodied in those construction documents. Merely reviewing
the construction documents produced by others, even if they
are licensed, does not constitute "direct supervision and
control" by the architect unless the architect has actually
exercised the supervision and control over the preparation of
the construction documents provided for in this Section.
(Source: P.A. 86-702; 86-1028.)
(225 ILCS 305/16.5 new)
Sec. 16.5. Continuing education. The Department may
promulgate rules of continuing education for persons licensed
under this Act. The Department shall consider the
recommendations of the Board in establishing the guidelines
for the continuing education requirements. The requirements
of this Section apply to any person seeking renewal or
restoration under Section 16 or 17 of this Act.
(225 ILCS 305/19) (from Ch. 111, par. 1319)
Sec. 19. Fees.
(a) The Department shall provide by rule for a schedule
of fees to be paid for licenses by all applicants. All fees
are not refundable.
(b) The fees for the administration and enforcement of
this Act, including but not limited to original licensure,
renewal, and restoration, shall be set by rule by the
Department. The following fees are not refundable.
(a) Licensure fees.
(1) The fee for application for a license is $100.
(2) In addition, applicants for any examination are
required to pay, either to the Department or to the
designated testing service, a fee covering the cost of
determining the applicant's eligibility and providing the
examination. Failure to appear for the examination on
the scheduled date, at the time and place specified,
after the applicant's application for examination has
been received and acknowledged by the Department or the
designated testing service, shall result in the
forfeiture of the examination fee.
(3) The fee for a license for an architect
registered or licensed under the laws of another state or
territory of the United States or province is $100.
(4) The fee for the renewal of a license shall be
$60.
(5) The fee for the restoration of a license other
than from inactive status is $10 plus payment of all
lapsed renewal fees.
(6) The fee for application for a license as an
architecture corporation or partnership is $75.
(7) The fee for renewal of a license or certificate
of registration as a professional design firm is $75.
(b) General fees.
(1) The fee for the issuance of a duplicate
license, for the issuance of a replacement license for a
license which has been lost or destroyed or for the
issuance of a license with a change of name or address
other than during the renewal period is $20. No fee is
required for name and address changes on Department
records when no duplicate license is issued.
(2) The fee for a certification of a licensee's
record for any purpose is $20.
(3) The fee for rescoring an examination is the
cost to the Department of rescoring the examination, plus
any fees charged by the applicable testing service to
have the examination rescored.
(4) The fee for a wall certificate showing
licensure is the actual cost of producing such
certificate.
(5) The fee for a roster of licensed architects in
this State is the actual cost of producing such a roster.
All of the fees and fines collected pursuant to this
Section shall be deposited in the Design Professionals
Professional Administration and Investigation Fund. Of the
moneys deposited into the Design Professionals Administration
and Investigation Fund, the Department may use such funds as
necessary and available to produce and distribute newsletters
to persons licensed under this Act.
Any person who delivers a check or other payment to the
Department that is returned to the Department unpaid by the
financial institution upon which it is drawn shall pay to the
Department, in addition to the amount already owed to the
Department, a fine of $50. If the check or other payment was
for a renewal or issuance fee and that person practices
without paying the renewal fee or issuance fee and the fine
due, an additional fine of $100 shall be imposed. The fines
imposed by this Section are in addition to any other
discipline provided under this Act for unlicensed practice or
practice on a nonrenewed license. The Department shall notify
the person that payment of fees and fines shall be paid to
the Department by certified check or money order within 30
calendar days of the notification. If, after the expiration
of 30 days from the date of the notification, the person has
failed to submit the necessary remittance, the Department
shall automatically terminate the license or certificate or
deny the application, without hearing. If, after termination
or denial, the person seeks a license or certificate, he or
she shall apply to the Department for restoration or issuance
of the license or certificate and pay all fees and fines due
to the Department. The Department may establish a fee for the
processing of an application for restoration of a license or
certificate to pay all expenses of processing this
application. The Director may waive the fines due under this
Section in individual cases where the Director finds that the
fines would be unreasonable or unnecessarily burdensome.
(Source: P.A. 87-1031; 88-91; 88-428; 88-670, eff. 12-2-94.)
(225 ILCS 305/21) (from Ch. 111, par. 1321)
Sec. 21. Professional design firm registration;
conditions.
(a) Nothing in this Act shall prohibit the formation,
under the provisions of the Professional Service Corporation
Act, of a corporation to offer the practice of architecture.
Any business, including a not formed under the provisions
of the Professional Service Corporation, that Act and not
registered as such with the Department, and which includes
the practice of architecture within its stated purposes,
practices architecture, or holds itself out as available to
practice architecture, shall register with the Department
under this Section. Any professional service corporation,
sole proprietorship, or professional design firm offering
architectural services must have a resident architect
overseeing the architectural practices in each location in
which architectural services are provided.
Any sole proprietorship not owned and operated by an
Illinois licensed design professional licensed under this Act
shall be prohibited from offering architectural services to
the public. "Illinois licensed design professional" means a
person who holds an active license as an architect under this
Act, as a structural engineer under the Structural
Engineering Practice Licensing Act of 1989, or as a
professional engineer under the Professional Engineering
Practice Act of 1989. Any sole proprietorship owned and
operated by an architect with an active license issued under
this Act and conducting or transacting such business under an
assumed name in accordance with the provisions of the Assumed
Business Name Act shall comply with the registration
requirements of a professional design firm. Any sole
proprietorship owned and operated by an architect with an
active license issued under this Act and conducting or
transacting such business under the real name of the sole
proprietor is exempt from the registration requirements of a
professional design firm.
(b) Any corporation, including a Professional Service
Corporation, partnership, limited liability company, or
professional design firm seeking to be registered under this
Section shall not be registered unless:
(1) two-thirds of the board of directors, in the
case of a corporation, or two-thirds of the general
partners, in the case of a partnership, or two-thirds of
the members, in the case of a limited liability company,
are licensed under the laws of any State to practice
architecture, professional engineering, land surveying,
or structural engineering; and
(2) the person having the architectural practice in
this State in his charge is (A) a director in the case of
a corporation, a general partner in the case of a
partnership, or a member in the case of a limited
liability company, and (B) holds a license under this
Act.
Any corporation, limited liability company, professional
service corporation, or partnership qualifying under this
Section and practicing in this State shall file with the
Department any information concerning its officers,
directors, members, managers, partners or beneficial owners
as the Department may, by rule, require.
(c) No business shall offer the practice or hold itself
out as available to offer the practice of architecture until
it is registered with the Department.
(d) Any business seeking to be registered under this
Section shall make application on a form provided by the
Department and shall provide any information requested by the
Department, which shall include but shall not be limited to
all of the following:
(1) The name and architect's license number of at
least one person designated as the managing agent in
responsible charge of the practice of architecture in
Illinois. In the case of a corporation, the corporation
shall also submit a certified copy of the resolution by
the board of directors designating at least one managing
agent. If a limited liability company, the company shall
submit a certified copy of either its articles of
organization or operating agreement designating the
managing agent.
(2) The names and architect's, professional
engineer's, or structural engineer's, or land surveyor's
license numbers of the directors, in the case of a
corporation, the members, in the case of a limited
liability company, or general partners, in the case of a
partnership.
(3) A list of all locations at which the
professional design firm provides architectural services.
(4) A list of all assumed names of the business.
Nothing in this Section shall be construed to exempt a
business from compliance with the requirements of the
Assumed Business Name Act.
It is the responsibility of the professional design firm
to provide the Department notice, in writing, of any changes
in the information requested on the application.
(e) In the event a managing agent is terminated or
terminates his or her status as managing agent of the
professional design firm, the managing agent and professional
design firm shall notify the Department of this fact in
writing, by certified mail, within 10 business days of
termination.
Thereafter, the professional design firm, if it has so
informed the Department, has 30 days in which to notify the
Department of the name and architect's license number of the
architect who is the newly designated managing agent. If a
corporation, the corporation shall also submit a certified
copy of a resolution by the board of directors designating
the new managing agent. If a limited liability company, the
company shall also submit a certified copy of either its
articles of organization or operating agreement designating
the new managing agent. The Department may, upon good cause
shown, extend the original 30 day period.
If the professional design firm has not notified the
Department in writing, by certified mail within the specified
time, the registration shall be terminated without prior
hearing. Notification of termination shall be sent by
certified mail to the last known address of the business. If
the professional design firm continues to operate and offer
architectural services after the termination, the Department
may seek prosecution under Sections 22, 36, and 36a of this
Act for the unlicensed practice of architecture.
(f) No professional design firm shall be relieved of
responsibility for the conduct or acts of its agents,
employees, or officers by reason of its compliance with this
Section, nor shall any individual practicing architecture be
relieved of the responsibility for professional services
performed by reason of the individual's employment or
relationship with a professional design firm registered under
this Section.
(g) Disciplinary action against a professional design
firm registered under this Section shall be administered in
the same manner and on the same grounds as disciplinary
action against a licensed architect. All disciplinary action
taken or pending against a corporation or partnership before
the effective date of this amendatory Act of 1993 shall be
continued or remain in effect without the Department filing
separate actions.
(Source: P.A. 88-428; 89-594, eff. 8-1-96.)
(225 ILCS 305/22) (from Ch. 111, par. 1322)
Sec. 22. Refusal, suspension and revocation of licenses;
Causes.
(a) The Department may, singularly or in combination,
refuse to issue, renew or restore, or may suspend or revoke
any license or registration, or may place on probation,
reprimand, or fine, with a civil penalty not to exceed
$10,000 for each violation, any person, corporation, or
partnership, or professional design firm licensed or
registered under this Act for any of the following reasons:
(1) material misstatement in furnishing information
to the Department;
(2) negligence, incompetence or misconduct in the
practice of architecture;
(3) failure to comply with any of the provisions of
this Act or any of the rules;
(4) making any misrepresentation for the purpose of
obtaining licensure;
(5) purposefully making false statements or signing
false statements, certificates or affidavits to induce
payment;
(6) conviction of any crime under the laws of the
United States, or any state or territory thereof, which
is a felony, whether related to the practice of
architecture or not; or conviction of any crime, whether
a felony, misdemeanor, or otherwise, an essential element
of which is dishonesty, wanton disregard for the rights
of others, or which is directly related to the practice
of architecture;
(7) aiding or assisting another person in violating
any provision of this Act or its rules;
(8) signing, affixing the licensed architect's seal
or permitting the architect's seal to be affixed to any
construction documents not prepared by the architect or
under that architect's direct supervision and control;
(9) engaging in dishonorable, unethical or
unprofessional conduct of a character likely to deceive,
defraud or harm the public;
(10) habitual intoxication or addiction to the use
of drugs;
(11) making a statement of compliance pursuant to
the Environmental Barriers Act that construction
documents prepared by the Licensed Architect or prepared
under the licensed architect's direct supervision and
control for construction or alteration of an occupancy
required to be in compliance with the Environmental
Barriers Act are in compliance with the Environmental
Barriers Act when such construction documents are not in
compliance;
(12) a finding by the Board that an applicant or a
registrant has failed to pay a fine imposed by the
Department or a registrant, whose license has been placed
on probationary status, has violated the terms of
probation;
(13) discipline by another state, territory,
foreign country, the District of Columbia, the United
States government, or any other governmental agency, if
at least one of the grounds for discipline is the same or
substantially equivalent to those set forth herein;
(14) failure to provide information in response to
a written request made by the Department within 30 days
after the receipt of such written request;
(15) physical illness, including, but not limited
to, deterioration through the aging process or loss of
motor skill which results in the inability to practice
the profession with reasonable judgment, skill or safety.
(a-5) In enforcing this Section, the Board upon a
showing of a possible violation may compel a person licensed
to practice under this Act, or who has applied for licensure
or certification pursuant to this Act, to submit to a mental
or physical examination, or both, as required by and at the
expense of the Department. The examining physicians shall be
those specifically designated by the Board. The Board or the
Department may order the examining physician to present
testimony concerning this mental or physical examination of
the licensee or applicant. No information shall be excluded
by reason of any common law or statutory privilege relating
to communications between the licensee or applicant and the
examining physician. The person to be examined may have, at
his or her own expense, another physician of his or her
choice present during all aspects of the examination.
Failure of any person to submit to a mental or physical
examination, when directed, shall be grounds for suspension
of a license until the person submits to the examination if
the Board finds, after notice and hearing, that the refusal
to submit to the examination was without reasonable cause.
If the Board finds a person unable to practice because of
the reasons set forth in this Section, the Board may require
that person to submit to care, counseling, or treatment by
physicians approved or designated by the Board as a
condition, term, or restriction for continued, reinstated, or
renewed licensure to practice; or, in lieu of care,
counseling, or treatment, the Board may recommend to the
Department to file a complaint to immediately suspend, revoke
or otherwise discipline the license of the person. Any
person whose license was granted, continued, reinstated,
renewed, disciplined, or supervised subject to such terms,
conditions, or restrictions and who fails to comply with such
terms, conditions, or restrictions shall be referred to the
Director for a determination as to whether the person shall
have his or her license suspended immediately, pending a
hearing by the Board.
(b) The determination by a circuit court that a licensee
is subject to involuntary admission or judicial admission, as
provided in the Mental Health and Developmental Disabilities
Code, operates as an automatic suspension. Such suspension
will end only upon a finding by a court that the patient is
no longer subject to involuntary admission or judicial
admission, the issuance of an order so finding and
discharging the patient, and the recommendation of the Board
to the Director that the licensee be allowed to resume
practice.
The Department may refuse to issue or may suspend the
license of any person who fails to file a return, or to pay
the tax, penalty or interest shown in a filed return, or to
pay any final assessment of tax, penalty or interest, as
required by any tax Act administered by the Illinois
Department of Revenue, until such time as the requirements of
any such tax Act are satisfied.
Persons who assist the Department as consultants or
expert witnesses in the investigation or prosecution of
alleged violations of the Act, licensure matters, restoration
proceedings, or criminal prosecutions, shall not be liable
for damages in any civil action or proceeding as a result of
such assistance, except upon proof of actual malice. The
attorney general shall defend such persons in any such action
or proceeding.
(Source: P.A. 88-428.)
(225 ILCS 305/38) (from Ch. 111, par. 1338)
Sec. 38. Fund; appropriations; investments; audits.
Moneys deposited in the Design Professionals Administration
and Investigation Fund shall be appropriated to the
Department exclusively for expenses of the Department and the
Board in the administration of this Act, the Illinois
Professional Land Surveyor Act of 1989, the Professional
Engineering Practice Act of 1989, and the Structural
Engineering Licensing Act of 1989. The expenses of the
Department under this Act shall be limited to the ordinary
and contingent expenses of the Design Professionals Dedicated
Employees within the Department as established under Section
62.1 of the Civil Administrative Code of Illinois and other
expenses related to the administration and enforcement of
this Act.
Moneys from the Fund may also be used for direct and
allocable indirect costs related to the public purposes of
the Department of Professional Regulation. Moneys in the
Fund may be transferred to the Professions Indirect Cost Fund
as authorized by Section 61e of the Civil Administrative Code
of Illinois.
All fines and penalties under Sections 22 and 36 shall be
deposited in the Design Professionals Professional
Administration and Investigation Fund.
Moneys in the Design Professionals Professional
Administration and Investigation Fund may be invested and
reinvested, with all earnings received from the investments
to be deposited in the Design Professionals Administration
and Investigation Fund and used for the same purposes as fees
deposited in the Fund.
Upon the completion of any audit of the Department as
prescribed by the Illinois State Auditing Act that includes
an audit of the Design Professionals Administration and
Investigation Fund, the Department shall make the audit open
to inspection by any interested person. The copy of the
audit report required to be submitted to the Department by
this Section is an addition to copies of audit reports
required to be submitted to other State officers and agencies
by Section 3-14 of the Illinois State Auditing Act.
(Source: P.A. 89-204, eff. 1-1-96.)
Section 99. Effective date. This Act takes effect on
January 1, 2000, except that Section 5 takes effect upon
becoming law.
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