[ Home ] [ ILCS ] [ Search ] [ Bottom ]
[ Other General Assemblies ]
Public Act 91-0950
SB487 Enrolled LRB9100640ACtmA
AN ACT to amend the Illinois Roofing Industry Licensing
Act.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Roofing Industry Licensing Act
is amended by changing Sections 2, 3, 9, 9.2, 9.4, 9.5, 9.10,
9.14, 10, and 11.5 and adding Sections 3.2, 3.5, 4.5, and 5.5
as follows:
(225 ILCS 335/2) (from Ch. 111, par. 7502)
Sec. 2. Definitions. As used in this Act, unless the
context otherwise requires:
(a) "Licensure" means the act of obtaining or holding a
license issued by the Department as provided in this Act.
(b) "Department" means the Department of Professional
Regulation.
(c) "Director" means the Director of Professional
Regulation.
(d) "Person" means any individual, partnership,
corporation, business trust, limited liability company, or
other legal entity.
(e) "Roofing contractor" is one whose services are
unlimited in the roofing trade and who has the experience,
knowledge and skill to construct, reconstruct, alter,
maintain and repair roofs and use materials and items used in
the construction, reconstruction, alteration, maintenance and
repair of all kinds of roofing and waterproofing, all in such
manner to comply with all plans, specifications, codes, laws,
and regulations applicable thereto, but does not include such
contractor's employees to the extent the requirements of
Section 3 of this Act apply and extend to such employees.
(f) "Board" means the Roofing Advisory Board.
(g) "Qualifying party" means the individual filing as a
sole proprietor, partner of a partnership, officer of a
corporation, trustee of a business trust, or party of another
legal entity, who is legally qualified to act for the
business organization in all matters connected with its
roofing contracting business, has the authority to supervise
roofing installation operations, and is actively engaged in
day to day activities of the business organization.
"Qualifying party" does not apply to a seller of roofing
materials or services when the construction, reconstruction,
alteration, maintenance, or repair of roofing or
waterproofing is to be performed by a person other than the
seller or the seller's employees.
(h) "Limited roofing license" means a license made
available to contractors whose roofing business is limited to
residential roofing, including residential properties
consisting of 8 units or less.
(i) "Unlimited roofing license" means a license made
available to contractors whose roofing business is unlimited
in nature and includes roofing on residential, commercial,
and industrial properties.
(Source: P.A. 89-387, eff. 1-1-96; 89-594, eff. 8-1-96;
90-55, eff. 1-1-98.)
(225 ILCS 335/3) (from Ch. 111, par. 7503)
Sec. 3. Application for license.
(1) To obtain a license, an applicant must indicate if
the license is sought for a sole proprietorship, partnership,
corporation, business trust, or other legal entity and
whether the application is for a limited or unlimited roofing
license. If the license is sought for a sole proprietorship,
the license shall be issued to the proprietor who shall also
be designated as the qualifying party. If the license is
sought for a partnership, corporation, business trust, or
other legal entity, the license shall be issued in the
company name. A company must designate one individual who
will serve as a qualifying party. The qualifying party is
the individual who must take the examination required under
Section 3.5. The company shall submit an application in
writing to the Department on a form containing the
information prescribed by the Department and accompanied by
the fee fixed by the Department. The application shall
include, but shall not be limited to:
(a) the name and address of the person designated
as the qualifying party responsible for the practice of
professional roofing in Illinois;
(b) the name of the proprietorship and its
proprietor, the name of the partnership and its partners,
the name of the corporation and its officers and
directors, the name of the business trust and its
trustees, or the name of such other legal entity and its
members;
(c) evidence of compliance with any statutory
requirements pertaining to such legal entity, including
compliance with any laws pertaining to the use of
fictitious names, if a fictitious name is used; if the
business is a sole proprietorship and doing business
under a name other than that of the individual
proprietor, the individual proprietor must list all
business names used for that proprietorship.
(1.5) A certificate issued by the Department before the
effective date of this amendatory Act of the 91st General
Assembly shall be deemed a license for the purposes of this
Act. To obtain a certificate, an applicant shall submit an
application in writing to the Department on a form containing
the information prescribed by the Department and accompanied
by the fee fixed by the Department.
(2) An applicant for a license certificate must submit
satisfactory evidence that:
(a) he or she has obtained public liability and
property damage insurance in such amounts and under such
circumstances as may be determined by the Department;
(b) he or she has obtained Workers' Compensation
insurance covering his or her employees or is approved as
a self-insurer of Workers' Compensation in accordance
with Illinois law;
(c) he or she has an Illinois Unemployment
Insurance employer identification number or has proof of
application to the Illinois Department of Labor for such
an identification number;
(d) he or she has submitted a continuous bond to
the Department in the amount of $10,000 for a limited
license and in the amount of $25,000 for an unlimited
license; and $5,000.
(e) a qualifying party has satisfactorily completed
the examination required under Section 3.5.
(3) It is the responsibility of the licensee to provide
to the Department notice in writing of any changes in the
information required to be provided on the application.
(4) All roofing contractors must designate a qualifying
party and otherwise achieve compliance with this Act no later
than July 1, 2003 or his or her license will automatically
expire on July 1, 2003.
(5) Nothing in this Section shall apply to a seller of
roofing materials or services when the construction,
reconstruction, alteration, maintenance, or repair of roofing
or waterproofing is to be performed by a person other than
the seller or the seller's employees.
(6) Applicants have 3 years from the date of application
to complete the application process. If the application has
not been completed within 3 years, the application shall be
denied, the fee shall be forfeited and the applicant must
reapply and meet the requirements in effect at the time of
reapplication.
(Source: P.A. 89-387, eff. 1-1-96.)
(225 ILCS 335/3.2 new)
Sec. 3.2. Bond. Before issuing or renewing a license,
the Department shall require each applicant or licensee to
file and maintain in force a surety bond, issued by an
insurance company authorized to transact fidelity and surety
business in the State of Illinois. The bond shall be
continuous in form, unless terminated by the insurance
company. An insurance company may terminate a bond and avoid
further liability by filing a 60-day notice of termination
with the Department and, at the same time, sending the notice
to the roofing contractor. A license shall be cancelled
without hearing on the termination date of the roofing
contractor's bond, unless a new bond is filed with the
Department to become effective at the termination date of the
prior bond. If a license has been cancelled without hearing
under this Section, the license shall be reinstated upon
showing proof of compliance with this Act.
(225 ILCS 335/3.5 new)
Sec. 3.5. Examination.
(a) The Department shall authorize examinations for
applicants for initial licenses at the time and place it may
designate. The examinations shall be of a character to
fairly test the competence and qualifications of applicants
to act as roofing contractors. Each applicant for limited
licenses shall designate a qualifying party who shall take an
examination, the technical portion of which shall cover
residential roofing practices. Each applicant for an
unlimited license shall designate a qualifying party who
shall take an examination, the technical portion of which
shall cover residential, commercial, and industrial roofing
practices.
(b) An applicant for a limited license or an unlimited
license or a qualifying party designated by an applicant for
a limited license or unlimited license shall pay, either to
the Department or the designated testing service, a fee
established by the Department to cover the cost of providing
the examination. Failure of the individual scheduled to
appear for the examination on the scheduled date at the time
and place specified after his or her application for
examination has been received and acknowledged by the
Department or the designated testing service shall result in
forfeiture of the examination fee.
(c) A person who has a license as described in
subsection (1.5) of Section 3 is exempt from the examination
requirement of this Section, so long as (1) the license
continues to be valid and is renewed before expiration and
(2) the person is not newly designated as a qualifying party
after July 1, 2003. The qualifying party for an applicant for
a new license must have passed an examination authorized by
the Department before the Department may issue a license.
An applicant has 3 years after the date of his or her
application to complete the application process. If the
process has not been completed within 3 years, the
application shall be denied, the fee shall be forfeited, and
the applicant must reapply and meet the requirements in
effect at the time of reapplication.
(225 ILCS 335/4.5 new)
Sec. 4.5. Duties of qualifying party; replacement.
While engaged as or named as a qualifying party for a
licensee, no person may be the named qualifying party for any
other licensee. However, the person may act in the capacity
of the qualifying party for one additional licensee of the
same type of licensure if one of the following conditions
exists:
(1) There is a common ownership of at least 25% of
each licensed entity for which the person acts as a
qualifying party.
(2) The same person acts as a qualifying party for
one licensed entity and its licensed subsidiary.
"Subsidiary" as used in this Section means a corporation
of which at least 25% is owned by another licensee.
In the event that a qualifying party is terminated or
terminating his or her status as qualifying party of a
licensee, the qualifying party and the licensee shall notify
the Department of that fact in writing. Thereafter, the
licensee shall notify the Department of the name and address
of the newly designated qualifying party. The newly
designated qualifying party must take the examination
prescribed in Section 3.5 of this Act. These requirements
shall be met in a timely manner as established by rule of the
Department.
(225 ILCS 335/5.5 new)
Sec. 5.5. Contracts. A roofing contractor, when signing a
contract, must provide a land-based phone number and a street
address other than a post office box at which he or she may
be contacted.
(225 ILCS 335/9) (from Ch. 111, par. 7509)
Sec. 9. Licensure requirement.
(1) It is unlawful for any person to engage in the
business or act in the capacity of or hold himself or herself
out in any manner as a roofing contractor without having been
duly licensed under the provisions of this Act.
(2) No work involving the construction, reconstruction,
alteration, maintenance or repair of any kind of roofing or
waterproofing may be done except by a roofing contractor
licensed under this Act.
(3) Sellers of roofing services may subcontract the
provision of those roofing services only to roofing
contractors licensed under this Act.
(Source: P.A. 89-387, eff. 1-1-96; 90-55, eff. 1-1-98.)
(225 ILCS 335/9.2) (from Ch. 111, par. 7509.2)
Sec. 9.2. Stenographer; record of proceedings. The
Department, at its expense, shall provide a stenographer to
take down the testimony and preserve a record of all
proceedings initiated pursuant to this Act, the rules for the
administration of this Act, or any other Act or rules
relating to this Act and proceedings for restoration of any
license issued under this Act. The notice of hearing,
complaint, answer, and all other documents in the nature of
pleadings and written motions and responses filed in the
proceedings, the transcript of the testimony, all exhibits
admitted into evidence, the report of the hearing officer,
the Board's findings of fact, conclusions of law, and
recommendations to the Director, and the order shall be the
record of the proceedings. The Department shall furnish a
transcript of the record to any person interested in the
hearing upon payment of the fee required under Section
2105-115 of the Department of Professional Regulation Law (20
ILCS 2105/2105-115). The Department, at its expense, shall
preserve a record of all proceedings at the formal hearing of
any case. 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 order of the Department
shall be the record of such proceeding. The Department shall
furnish a transcript of the record to any person interested
in the hearing upon payment of the fee required under Section
2105-115 of the Department of Professional Regulation Law (20
ILCS 2105/2105-115).
(Source: P.A. 91-239, eff. 1-1-00.)
(225 ILCS 335/9.4) (from Ch. 111, par. 7509.4)
Sec. 9.4. The Department has power to subpoena and bring
before it any person in this State and to take testimony
either orally or by deposition or both, or to subpoena
documents, exhibits, or other materials with the same fees
and mileage and in the same manner as prescribed by law in
judicial proceedings in civil cases in circuit courts of this
State.
The Director and any member of the Roofing Advisory Board
have power to administer oaths to witnesses at any hearing
that the Department or Roofing Advisory Board is authorized
by law to conduct. Further, the Director has power to
administer any other oaths required or authorized to be
administered by the Department under this Act.
The Director and the hearing officer have power to
administer oaths to witnesses at any hearing which the
Department is authorized to conduct under this Act, and any
other oaths required or authorized to be administered by the
Department under this Act.
(Source: P.A. 89-387, eff. 1-1-96.)
(225 ILCS 335/9.5) (from Ch. 111, par. 7509.5)
Sec. 9.5. Findings of fact, conclusions of law, and
recommendations; order. Within 60 days of the Department's
receipt of the transcript of any hearing that is conducted
pursuant to this Act or the rules for its enforcement or any
other statute or rule requiring a hearing under this Act or
the rules for its enforcement, or for any hearing related to
restoration of any license issued pursuant to this Act, the
hearing officer shall submit his or her written findings and
recommendations to the Roofing Advisory Board. The Roofing
Advisory Board shall review the report of the hearing officer
and shall present its findings of fact, conclusions of law,
and recommendations to the Director by the date of the
Board's second meeting following the Board's receipt of the
hearing officer's report.
A copy of the findings of fact, conclusions of law, and
recommendations to the Director shall be served upon the
accused person, either personally or by registered or
certified mail. Within 20 days after service, the accused
person may present to the Department a written motion for a
rehearing, which shall state the particular grounds therefor.
If the accused person orders and pays for a transcript
pursuant to Section 9.2, the time elapsing thereafter and
before the transcript is ready for delivery to him or her
shall not be counted as part of the 20 days.
The Director shall issue an order based on the findings
of fact, conclusions of law, and recommendations to the
Director. If the Director disagrees in any regard with the
findings of fact, conclusions of law, and recommendations to
the Director, he may issue an order in contravention of the
findings of fact, conclusions of law, and recommendations to
the Director.
If the Director issues an order in contravention of the
findings of fact, conclusions of law, and recommendations to
the Director, the Director shall notify the Board in writing
with an explanation for any deviation from the Board's
findings of fact, conclusions of law, and recommendations to
the Director within 30 days of the Director's entry of the
order. At the conclusion of the hearing the hearing officer
shall present to the Director a written report of his
findings of fact, conclusions of law and recommendations.
The report shall contain a finding whether or not the accused
person violated this Act or failed to comply with the
conditions required in this Act. The hearing officer shall
specify the nature of the violation or failure to comply, and
shall make his recommendations to the Director.
The report of findings of fact, conclusions of law and
recommendations of the hearing officer shall be the basis for
the Department's order. If the Director disagrees in any
regard with the report of the hearing officer, the Director
may issue an order in contravention to the report. The
finding is not admissible in evidence against the person in a
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.
(Source: P.A. 86-615.)
(225 ILCS 335/9.10) (from Ch. 111, par. 7509.10)
Sec. 9.10. Returned checks; fines. 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 deny the
application, without hearing. If, after termination or
denial, the person seeks a license, he or she shall apply to
the Department for restoration or issuance of the license and
pay all the application fees as set by rule fees and fines
due to the Department. The Department may establish a fee for
the processing of an application for restoration of a license
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. 90-55, eff. 1-1-98.)
(225 ILCS 335/9.14) (from Ch. 111, par. 7509.14)
Sec. 9.14. The Director has the authority to appoint any
attorney duly licensed to practice law in the State of
Illinois to serve as the hearing officer for any action for
refusal to issue or renew a license, for or discipline of a
licensee for sanctions for unlicensed practice, for
restoration of a license, or for any other action for which
findings of fact, conclusions of law, and recommendations are
required pursuant to Section 9.5 of this Act. The hearing
officer shall have full authority to conduct the hearing and
shall issue his or her findings of fact and recommendations
to the Board pursuant to Sections 9.5 of this Act. The
hearing officer has full authority to conduct the hearing.
The hearing officer shall report his findings of fact,
conclusions of law and recommendations to the Director. The
Director shall issue an order based on the report of the
hearing officer. If the Director disagrees in any regard
with the hearing officer's report, he may issue an order in
contravention of the hearing officer's report.
(Source: P.A. 86-615.)
(225 ILCS 335/10) (from Ch. 111, par. 7510)
Sec. 10. Enforcement; petition to court.
(1) If any person violates the provisions of this Act,
the Director through the Attorney General of Illinois, or the
State's Attorney of any county in which a violation is
alleged to exist, may in the name of the People of the State
of Illinois petition for an order enjoining such violation or
for an order enforcing compliance with this Act. Upon the
filing of a verified petition in such court, the court may
issue a temporary restraining order, without notice or bond,
and may preliminarily and permanently enjoin such violation,
and if it is established that such person has violated or is
violating the injunction, the Court may punish the offender
for contempt of court.
(2) If any person shall practice as a licensee or hold
himself or herself out as a licensee without being licensed
under the provisions of this Act, then any person licensed
under this Act, any interested party or any person injured
thereby may, in addition to those officers identified in
subsection (1) of this Section, petition for relief as
provided therein.
(3) Whenever the Department has reason to believe that
any person has violated the licensing requirements of this
Act by practicing, offering to practice, attempting to
practice, or holding himself or herself out to practice
roofing without being licensed under this Act, the Department
may issue a rule to show cause why an order to cease and
desist should not be entered against that person. The rule
shall clearly set forth the grounds relied upon by the
Department and shall provide a period of 7 days from the date
of the rule to file an answer to the satisfaction of the
Department. Failure to answer to the satisfaction of the
Department shall cause an order to cease and desist to be
issued immediately.
(4) (3) Proceedings under this Section shall be in
addition to, and not in lieu of, all other remedies and
penalties which may be provided by law.
(Source: P.A. 90-55, eff. 1-1-98.)
(225 ILCS 335/11.5)
Sec. 11.5. The Roofing Advisory Board is created and
shall consist of 8 7 persons, one of whom is a knowledgeable
public member and 7 6 of whom shall have been issued licenses
certificates of registration as roofing contractors by the
Department and one who is a knowledgeable public member. One
of the 7 licensed roofing contractors on the Board shall
represent a statewide association representing home builders
and another of the 7 licensed roofing contractors shall
represent an association predominately representing
retailers. The public member shall not be licensed under
this Act or any other Act the Department administers. Each
member shall be appointed by the Director. Members shall be
appointed who reasonably represent the different geographic
areas of the State.
Members of the Roofing Advisory Board shall be immune
from suit in any action based upon any disciplinary
proceedings or other acts performed in good faith as members
of the Roofing Advisory Board, unless the conduct that gave
rise to the suit was willful and wanton misconduct.
The Director shall consider the advice and
recommendations of the Board. The Director shall notify the
Board in writing with an explanation of any deviation from
the Board's written recommendation or response. After review
of the Director's written explanation of the reasons for
deviation, the Board shall have the opportunity to comment
upon the Director's decision.
The persons appointed shall hold office for 4 years and
until a successor is appointed and qualified. The initial
terms shall begin July 1, 1997. Of the members of the Board
first appointed, 2 shall be appointed to serve for 2 years, 2
shall be appointed to serve for 3 years, and 3 shall be
appointed to serve for 4 years. No member shall serve more
than 2 complete 4 year terms.
Within 90 days of a vacancy occurring, the Director shall
fill the vacancy for the unexpired portion of the term with
an appointee who meets the same qualifications as the person
whose position has become vacant. The Board shall meet
annually to elect one member as chairman and one member as
vice-chairman. No officer shall be elected more than twice
in succession to the same office. The members of the Board
shall receive reimbursement for actual, necessary, and
authorized expenses incurred in attending the meetings of the
Board.
(Source: P.A. 89-594, eff. 8-1-96.)
(225 ILCS 335/4 rep.)
Section 10. The Illinois Roofing Industry Licensing Act
is amended by repealing Section 4.
Section 99. Effective date. This Act takes effect upon
becoming law.
[ Top ]