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Public Act 91-0835
SB1248 Enrolled LRB9107205ACtm
AN ACT creating the Fire Equipment Distributor and
Employee Regulation Act of 2000.
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
2000.
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
official duties within the course and scope of his employment
with this State, or any political subdivision. However, any
such person who offers his 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 pursuant
to 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.
A majority of Board members then appointed shall
constitute a quorum. A majority vote of the quorum 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 promulgate 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 promulgating 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 promulgation 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 promulgated by the
National Fire Protection Association and the National
Association of Fire Equipment Distributors.
(e) In the promulgation 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 the 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 promulgated by the Office of the State Fire
Marshal pursuant to the Fire Equipment Distributor and
Employee Regulation Act shall remain in effect until such
time as the Office of the State Fire Marshal promulgates
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
pursuant to 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 herein if they are qualified to be examined pursuant
to 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 promulgate 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) Upon application within 90 days after the effective
date of this Act, the Office of the State Fire Marshal shall
issue a license under this Act without examination to persons
holding a valid license under the Fire Equipment Distributor
and Employee Regulation Act on December 30, 1999.
(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 pursuant to 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. If the check or other order was issued or
delivered in payment of a renewal fee and the licensee whose
license has lapsed continues to practice without paying the
renewal fee and the $50 fee required under this Section, an
additional fee of $100 shall be imposed for practicing
without a current license. 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 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 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 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 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 promulgated
pursuant hereto. 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 which has a
substantial relationship to his 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 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 promulgated pursuant thereto;
(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 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 pursuant to 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
subsection (a) of 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 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 which 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 pursuant to 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, placed on probationary status, or other
disciplinary action taken with regard thereto. 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 pursuant to the provisions of the Administrative
Review Law and the rules adopted pursuant thereto. 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 950. The Regulatory Sunset Act is amended by
adding Section 4.21 as follows:
(5 ILCS 80/4.21 new)
Sec. 4.21. Act repealed on January 1, 2011. The
following Act is repealed on January 1, 2011:
The Fire Equipment Distributor and Employee Regulation
Act of 2000.
Section 999. Effective date. This Act takes effect upon
becoming law.
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