[ Home ] [ ILCS ] [ Search ] [ Bottom ]
[ Other General Assemblies ]
Public Act 92-0499
HB2565 Enrolled LRB9201498LBgc
AN ACT in relation to sports.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Professional Boxing and Wrestling Act is
amended by changing the title of the Act and Sections 0.05,
1, 2, 5, 7, 8, 10, 11, 12, 13, 15, 16, 17.7, 17.8, 17.9, 18,
19, 19.1, 19.3, 19.4, 23, and 23.1 as follows:
(225 ILCS 105/Act title)
An Act in relation to professional boxing and wrestling,
creating a board, prescribing its powers and duties,
providing penalties for violation of the provisions thereof,
and to amend an Act herein named.
(225 ILCS 105/0.05)
Sec. 0.05. Declaration of public policy. Professional
boxing and wrestling in the State of Illinois is hereby
declared to affect the public health, safety, and welfare and
to be subject to regulation and control in the public
interest. It is further declared to be a matter of public
interest and concern that boxing and wrestling, as defined in
this Act, merit and receive the confidence of the public and
that only qualified persons be authorized to participate in
boxing contests and wrestling exhibitions in the State of
Illinois. This Act shall be liberally construed to best carry
out these objects and purposes.
(Source: P.A. 91-408, eff. 1-1-00.)
(225 ILCS 105/1) (from Ch. 111, par. 5001)
Sec. 1. Short title and definitions.
(a) This Act may be cited as the Professional Boxing and
Wrestling Act.
(b) As used in this Act:
1. "Department" means the Department of
Professional Regulation.
2. "Director" means the Director of Professional
Regulation.
3. "Board" means the State Professional Boxing and
Wrestling Board appointed by the Director.
4. "License" means the license issued for boxing
promoters, contestants, or officials in accordance with
this Act.
5. (Blank). "Registration" means the registration
issued to wrestling promoters in accordance with this
Act.
6. "Boxing Contests" include professional boxing
matches and exhibitions.
7. (Blank). "Wrestling Exhibitions" include
professional wrestling contests, matches, events, and
shows.
8. (Blank). "Athletic Events" include both
professional boxing contests and professional wrestling
exhibitions.
9. "Permit" means the authorization from the
Department to a promoter to conduct professional boxing
contests or professional wrestling exhibitions.
10. "Promoter" means a person who is licensed or
registered and who holds a permit to conduct professional
boxing contests matches or professional wrestling
exhibitions.
11. Unless the context indicates otherwise,
"person" includes an association, partnership,
corporation, gymnasium, or club.
12. (Blank). For the purposes of this Act the term
"trainer" includes what is commonly referred to as
"second", "corner man", or "coach".
13. "Ultimate fighting exhibition" has the meaning
given by rule adopted by the Department in accordance
with Section 7.5.
14. "Professional boxer" means a person licensed by
the Department who competes for a money prize, purse, or
other type of compensation in a boxing contest,
exhibition, or match held in Illinois.
15. "Judge" means a person licensed by the
Department who is at ringside during a boxing match and
who has the responsibility of scoring the performance of
the participants in the contest.
16. "Referee" means a person licensed by the
Department who has the general supervision of a boxing
contest and is present inside of the ring during the
contest.
17. "Amateur" means a person who has never received
or competed for any purse or other article of value,
either for participating in any boxing contest or for the
expenses of training therefor, other than a prize that
does not exceed $50 in value.
18. "Contestant" means an individual who
participates in a boxing contest or wrestling exhibition.
19. "Second" means a person licensed by the
Department who is present at any boxing contest to
provide assistance or advice to a boxer during the
contest.
20. "Matchmaker" means a person licensed by the
Department who brings together professional boxers or
procures matches or contests for professional boxers.
21. "Manager" means a person licensed by the
Department who is not a promoter and who, under contract,
agreement, or other arrangement with any boxer,
undertakes to, directly or indirectly, control or
administer the boxing affairs of boxers.
22. "Timekeeper" means a person licensed by the
Department who is the official timer of the length of
rounds and the intervals between the rounds.
23. "Purse" means the financial guarantee or any
other remuneration for which contestants are
participating in a boxing contest.
24. "Physician" means a person licensed to practice
medicine in all its branches under the Medical Practice
Act of 1987.
(Source: P.A. 91-408, eff. 1-1-00.)
(225 ILCS 105/2) (from Ch. 111, par. 5002)
Sec. 2. State Professional Boxing and Wrestling Board.
There is created the State Professional Boxing and Wrestling
Board consisting of 6 persons who shall be appointed by and
shall serve in an advisory capacity to the Director. One
shall be a physician licensed to practice medicine in all of
its branches. The Director shall appoint each member to serve
for a term of 3 years and until his or her successor is
appointed and qualified. One member of the board shall be
designated as the Chairperson and one member shall be
designated as the Vice-chairperson. No member shall be
appointed to the Board for a term which would cause
continuous service to be more than 9 years. Service prior to
January 1, 2000 the effective date of this amendatory Act of
the 91st General Assembly shall not be considered in
calculating length of service on the Board. Each member of
the board shall receive compensation for each day he or she
is engaged in transacting the business of the board and, in
addition, shall be reimbursed for his or her authorized and
approved expenses necessarily incurred in relation to such
service in accordance with the travel regulations applicable
to the Department at the time the expenses are incurred.
A majority of the current members appointed shall
constitute a quorum.
The members of the 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 Board.
The Director may remove any member of the Board for
misconduct, incapacity, or neglect of duty. The Director
shall reduce to writing any causes for removal.
(Source: P.A. 91-408, eff. 1-1-00.)
(225 ILCS 105/5) (from Ch. 111, par. 5005)
Sec. 5. The Department shall exercise, but subject to
the provisions of this Act, the following functions, powers,
and duties: (a) to ascertain the qualifications and fitness
of applicants for licenses, registrations and permits; (b) to
prescribe rules and regulations for the administration of the
Act; (c) to conduct hearings on proceedings to refuse to
issue, refuse to renew, revoke, suspend, or subject to
reprimand licenses, registrations or permits under this Act;,
and (d) to revoke, suspend, or refuse issuance or renewal of
such licenses, registrations or permits.
(Source: P.A. 82-522.)
(225 ILCS 105/7) (from Ch. 111, par. 5007)
Sec. 7. In order to conduct a boxing contest match or
wrestling exhibition in this State, a promoter shall obtain a
permit issued by the Department in accordance with this Act
and the rules and regulations adopted pursuant thereto. This
permit shall authorize one or more contests or exhibitions.
A permit issued under this Act is not transferable.
(Source: P.A. 82-522.)
(225 ILCS 105/8) (from Ch. 111, par. 5008)
Sec. 8. Permits.
(a) A promoter who desires to obtain a permit to conduct
a boxing contest an athletic event shall apply to the
Department at least 20 days prior to the event, in writing,
on forms furnished by the Department. The application shall
be accompanied by the required fee and shall contain at least
the following information:
(1) the names and addresses of the promoter;
(2) the name of the matchmaker;
(3) the time and exact location of the boxing
contest athletic event;
(4) the seating capacity of the building where the
event is to be held;
(5) a copy of the lease or proof of ownership of
the building where the event is to be held;
(6) the admission charge or charges to be made; and
(7) proof of adequate security measures and
adequate medical supervision, as determined by Department
rule, to ensure the protection of the health and safety
of the general public while attending boxing contests
athletic events and the contestants' safety while
participating in the events and any other information
that the Department may determine by rule in order to
issue a permit.
(b) After the initial application and within 10 days of
a scheduled event, a promoter shall submit to the Department
all of the following information:
(1) The amount of compensation to be paid to each
participant.
(2) The names of the contestants.
(3) Proof of insurance for not less than $10,000 for
each contestant participating in a boxing contest or
exhibition.
Insurance required under this subsection shall cover (i)
hospital, medication, physician, and other such expenses as
would accrue in the treatment of an injury as a result of the
boxing contest or exhibition and (ii) payment to the estate
of the contestant in the event of his or her death as a
result of his or her participation in the boxing contest or
exhibition.
(c) All boxing promoters shall provide to the
Department, at least 24 hours prior to commencement of the
event, the amount of the purse to be paid for the event. The
Department shall promulgate rules for payment of the purse.
(d) The boxing contest shall be held in an area where
adequate neurosurgical facilities are immediately available
for skilled emergency treatment of an injured boxer. It is
the responsibility of the promoter to ensure that the
building to be used for the event complies with all laws,
ordinances, and regulations in the city, town, or village
where the boxing contest athletic event is to be held. The
Department may issue a permit to any promoter who meets the
requirements of this Act and the rules. The permit shall only
be issued for a specific date and location of a boxing
contest an athletic event and shall not be transferable. In
an emergency, the Department may allow a promoter to amend a
permit application to hold a boxing contest an athletic event
in a different location than the application specifies and
may allow the promoter to substitute contestants.
(e) The Department shall be responsible for assigning
the judge, timekeepers, referees, physician, and medical
personnel for a boxing contest. It shall be the
responsibility of the promoter to cover the cost of the
individuals utilized at a boxing contest an athletic event.
(Source: P.A. 91-408, eff. 1-1-00.)
(225 ILCS 105/10) (from Ch. 111, par. 5010)
Sec. 10. Who must be licensed. In order to participate
in boxing contests the following persons must each be
licensed and in good standing with the Department: (a)
promoters, (b) contestants, (c) seconds, (d) referees, (e)
judges, (f) managers, (g) matchmakers, and (h) timekeepers.
Announcers may participate in boxing contests without
being licensed under this Act. It shall be the
responsibility of the promoter to ensure that announcers
comply with the Act, and all rules and regulations
promulgated pursuant to this Act.
A licensed promoter may not act as, and cannot be
licensed as, a second, boxer, referee, timekeeper, judge, or
manager. If he or she is so licensed, he or she must
relinquish any of these licenses to the Department for
cancellation. A person possessing a valid promoter's license
may act as a matchmaker. A promoter may be licensed as a
matchmaker.
Persons involved with wrestling exhibitions shall supply
the Department with their name, address, telephone number,
and social security number and shall meet other requirements
as established by rule.
(Source: P.A. 91-408, eff. 1-1-00.)
(225 ILCS 105/11) (from Ch. 111, par. 5011)
Sec. 11. Qualifications for license. The Department
shall grant licenses to or register the following persons if
the following qualifications are met:
(A) An applicant for licensure as a contestant in a
boxing contest match must: (1) be 18 years old, (2) be of
good moral character, (3) file an application stating the
applicant's correct name (and no assumed or ring name may be
used unless such name is registered with the Department along
with the applicant's correct name), date and place of birth,
place of current residence, and a sworn statement that he is
not currently in violation of any federal, State or local
laws or rules governing boxing, (4) file a certificate of a
physician licensed to practice medicine in all of its
branches which attests that the applicant is physically fit
and qualified to participate in boxing contests matches, and
(5) pay the required fee and meet any other requirements.
Applicants over age 35 39 who have not competed in a contest
within the last 36 months may be required to appear before
the Board to determine their fitness to participate in a
contest. A picture identification card shall be issued to all
boxers licensed by the Department who are residents of
Illinois or who are residents of any jurisdiction, state, or
country that does not regulate professional boxing. The
identification card shall be presented to the Department or
its representative upon request at weigh-ins or contests.
(B) An applicant for licensure as a boxing referee,
judge, manager, second, matchmaker, or timekeeper must: (1)
be of good moral character, (2) file an application stating
the applicant's name, date and place of birth, and place of
current residence along with a certifying statement that he
is not currently in violation of any federal, State, or local
laws or rules governing boxing, (3) have had satisfactory
experience in his field, (4) pay the required fee, and (5)
meet any other requirements as determined by rule.
(C) An applicant for licensure as a boxing promoter must:
(1) be of good moral character, (2) file an application with
the Department stating the applicant's name, date and place
of birth, place of current residence along with a certifying
statement that he is not currently in violation of any
federal, State, or local laws or rules governing boxing, (3)
provide proof of a surety bond of no less than $5,000 to
cover financial obligations pursuant to this Act, payable to
the Department and conditioned for the payment of the tax
imposed by this Act and compliance with this Act and the
rules promulgated pursuant to this Act, (4) provide a
financial statement, prepared by a certified public
accountant, showing liquid working capital of $10,000 or
more, or a $10,000 performance bond guaranteeing payment of
all obligations relating to the promotional activities, and
(5) pay the required fee and meet any other requirements.
(D) An applicant for registration as a wrestling
promoter must: (1) be of good moral character, (2) file an
application with the Department stating the applicant's name,
date and place of birth, and place of current residence along
with a certifying statement that he is not currently in
violation of any federal, State, or local laws or rules
governing wrestling, (3) provide a surety bond of no less
than $10,000 to cover financial obligations pursuant to this
Act, payable to the Department and conditioned for the
payment of the tax imposed by this Act and compliance with
this Act and the rules promulgated pursuant to this Act, (4)
provide a financial statement, prepared by a certified public
accountant, showing liquid working capital of $10,000 or
more, or a $10,000 performance bond guaranteeing payment of
all obligations relating to the promotional activities, and
(5) pay the required fee and meet any other requirements.
In determining good moral character, the Department may
take into consideration any violation of any of the
provisions of Section 16 of this Act and any felony
conviction of the applicant, but such a conviction shall not
operate as a bar to licensure. No license issued under this
Act is transferable.
The Department may issue temporary licenses and
registrations as provided by rule.
(Source: P.A. 90-655, eff. 7-30-98; 91-408, eff. 1-1-00.)
(225 ILCS 105/12) (from Ch. 111, par. 5012)
Sec. 12. Boxing contests. Each boxing contestant shall
be examined before entering the ring and immediately after
each contest by a physician licensed to practice medicine in
all of its branches. The physician shall determine, prior to
the contest, if each contestant is physically fit to engage
in the contest. After the contest the physician shall examine
the contestant to determine possible injury. If the
contestant's physical condition so indicates, the physician
shall recommend to the Department immediate medical
suspension. The physician may, at any time during the
contest, stop the contest to examine a boxer, and terminate
the contest when, in the physician's opinion, continuing the
contest could result in serious injury to the boxer. The
physician shall certify to the condition of the contestant in
writing, over his signature on blank forms provided by the
Department. Such reports shall be submitted to the Department
in a timely manner. The physician shall be paid by the
promoter a fee fixed by the Department. No boxing contest
shall be held unless a physician licensed to practice
medicine in all of its branches is in attendance.
No contest shall be allowed to begin unless at least one
physician and 2 trained paramedics or 2 nurses who are
trained to administer emergency medical care are present.
No contest shall be more than 12 rounds in length. The
rounds shall not be more than 3 minutes each with a one
minute interval between them, and no boxer shall be allowed
to participate in more than 12 rounds within 72 consecutive
hours. At each boxing contest there shall be a referee in
attendance who shall direct and control the contest. The
referee, before each contest, shall learn the name of the
contestant's chief second and shall hold the chief second
responsible for the conduct of his assistant during the
progress of the contest match.
There shall be 2 judges in attendance who shall render a
decision at the end of each contest match. The decision of
the judges, taken together with the decision of the referee,
is final; or, 3 judges shall score the contest match with the
referee not scoring. The method of scoring shall be set
forth in rules.
Judges, referees, or timekeepers for contests shall be
assigned by the Department. The Department or its
representative shall have discretion to declare a price,
remuneration, or purse or any part of it belonging to the
contestant withheld if in the judgment of the Department or
its representative the contestant is not honestly competing.
The Department shall have the authority to prevent a contest
or exhibition from being held and shall have the authority to
stop a fight for noncompliance with any part of this Act or
rules or when, in the judgment of the Department, or its
representative, continuation of the event would endanger the
health, safety, and welfare of the contestants or spectators.
(Source: P.A. 91-408, eff. 1-1-00.)
(225 ILCS 105/13) (from Ch. 111, par. 5013)
Sec. 13. Tickets; tax. Tickets to boxing contests
athletic events, other than a boxing contest an athletic
event conducted at premises with an indoor seating capacity
of more than 17,000, shall be printed in such form as the
Department shall prescribe. A certified inventory of all
tickets printed for any boxing contest event shall be mailed
to the Department by the promoter not less than 7 days before
the boxing contest event. The total number of tickets printed
shall not exceed the total seating capacity of the premises
in which the boxing contest event is to be held. No tickets
of admission to any boxing contest event, other than a boxing
contest an athletic event conducted at premises with an
indoor seating capacity of more than 17,000, shall be sold
except those declared on an official ticket inventory as
described in this Section.
A promoter who conducts a boxing contest an athletic
event under this Act, other than a boxing contest an athletic
event conducted at premises with an indoor seating capacity
of more than 17,000, shall, within 24 hours after a boxing
contest such event: (1) furnish to the Department a written
report verified by the promoter or his authorized designee
showing the number of tickets sold for the boxing contest or
the actual ticket stubs and the amount of the gross proceeds
thereof; and (2) pay to the Department a tax of 10% of the
first $500,000 of gross receipts from the sale of admission
tickets, to be placed in the General Revenue Fund.
(Source: P.A. 90-580, eff. 5-21-98; 91-408, eff. 1-1-00.)
(225 ILCS 105/15) (from Ch. 111, par. 5015)
Sec. 15. Inspectors. The Director may appoint boxing
inspectors to assist the Department staff in the
administration of the Act. Each boxing instructor Such
inspectors appointed by the Director shall receive
compensation for each day he or she is they are engaged in
the transacting of business of the Department. Each inspector
shall carry a card issued by the Department to authorize him
or her to act in such capacity. The inspector or inspectors
shall supervise each contest event to ensure that the
provisions of the Act are strictly enforced. The inspectors
shall also be present at the counting of the gross receipts
and shall immediately deliver to the Department the official
box office statement as required by Section 13.
(Source: P.A. 91-408, eff. 1-1-00.)
(225 ILCS 105/16) (from Ch. 111, par. 5016)
Sec. 16. Discipline and sanctions.
(a) The Department may refuse to issue a permit,
registration, or license, refuse to renew, suspend, revoke,
reprimand, place on probation, or take such other
disciplinary action as the Department may deem proper,
including the imposition of fines not to exceed $5,000 for
each violation, with regard to any license or registration
for any one or any combination of the following reasons:
(1) gambling, betting or wagering on the result of
or a contingency connected with a boxing contest an
athletic event or permitting such activity to take place;
(2) participating in or permitting a sham or fake
boxing contest;
(3) holding the boxing contest athletic event at
any other time or place than is stated on the permit
application;
(4) permitting any contestant other than those
stated on the permit application to participate in a
boxing contest an athletic event, except as provided in
Section 9;
(5) violation or aiding in the violation of any of
the provisions of this Act or any rules or regulations
promulgated thereto;
(6) violation of any federal, State or local laws
of the United States or other jurisdiction governing
boxing contests athletic events or any regulation
promulgated pursuant thereto;
(7) charging a greater rate or rates of admission
than is specified on the permit application;
(8) failure to obtain all the necessary permits,
registrations, or licenses as required under this Act;
(9) failure to file the necessary bond or to pay
the gross receipts tax as required by this Act;
(10) engaging in dishonorable, unethical or
unprofessional conduct of a character likely to deceive,
defraud or harm the public, or which is detrimental to
honestly conducted boxing contests athletic events;
(11) employment of fraud, deception or any unlawful
means in applying for or securing a permit or, license,
or registration under this Act;
(12) permitting a physician making the physical
examination to knowingly certify falsely to the physical
condition of a contestant;
(13) permitting contestants of widely disparate
weights or abilities to engage in boxing contests
athletic events;
(14) boxing while under medical suspension in this
State or in any other state, territory or country;
(15) physical illness, including, but not limited
to, deterioration through the aging process, or loss of
motor skills which results in the inability to
participate in boxing contests athletic events with
reasonable judgment, skill, or safety;
(16) allowing one's license or, permit, or
registration issued under this Act to be used by another
person;
(17) failing, within a reasonable time, to provide
any information requested by the Department as a result
of a formal or informal complaint;
(18) professional incompetence;
(19) failure 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;
(20) holding or promoting an ultimate fighting
exhibition, or participating in an ultimate fighting
exhibition as a promoter, contestant, referee, judge,
scorer, manager, trainer, announcer, or timekeeper;
(21) habitual or excessive use or addiction to
alcohol, narcotics, stimulants, or any other chemical
agent or drug that results in an inability to participate
in an event; or
(22) failure to stop a contest or exhibition when
requested to do so by the Department.
(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. The suspension will
end only upon a finding by a court that the licensee is no
longer subject to involuntary admission or judicial
admission, issuance of an order so finding and discharging
the licensee, and upon the recommendation of the Board to the
Director that the licensee be allowed to resume his or her
practice.
(c) In enforcing this Section, the Board, upon a showing
of a possible violation, may compel any individual licensed
or registered to practice under this Act, or who has applied
for licensure or registration 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 or clinical psychologists shall be those
specifically designated by the Board. The Board or the
Department may order the examining physician or clinical
psychologist to present testimony concerning this mental or
physical examination of the licensee, registrant, or
applicant. No information shall be excluded by reason of any
common law or statutory privilege relating to communications
between the licensee, registrant, or applicant and the
examining physician or clinical psychologist. Eye
examinations may be provided by a licensed and certified
therapeutic optometrist. The individual 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 individual to submit to a mental or physical
examination, when directed, shall be grounds for suspension
of a license until such time as the individual submits to the
examination if the Board finds, after notice and hearing,
that the refusal to submit to the examination was without
reasonable cause.
(d) If the Board finds an individual unable to practice
because of the reasons set forth in this Section, the Board
shall require the individual to submit to care, counseling,
or treatment by physicians or clinical psychologists approved
or designated by the Board, as a condition, term, or
restriction for continued, reinstated, or renewed licensure
or registration, 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 or registration of the individual. Any
individual whose license or registration was granted pursuant
to this Act, or continued, reinstated, renewed, disciplined,
or supervised, subject to such conditions, terms, or
restrictions, who shall fail to comply with such conditions,
terms, or restrictions, shall be referred to the Director for
a determination as to whether the individual shall have his
or her license or registration suspended immediately, pending
a hearing by the Board.
(Source: P.A. 91-408, eff. 1-1-00.)
(225 ILCS 105/17.7)
Sec. 17.7. Restoration of suspended or revoked license or
registration. At any time after the suspension or revocation
of a license, the Department may restore it to the licensee
or registrant upon the written recommendation of the Board,
unless after an investigation and a hearing the Board
determines that restoration is not in the public interest.
(Source: P.A. 91-408, eff. 1-1-00.)
(225 ILCS 105/17.8)
Sec. 17.8. Surrender of license or registration. Upon
the revocation or suspension of a license or registration,
the licensee or registrant shall immediately surrender his or
her license or registration to the Department. If the
licensee or registrant fails to do so, the Department has the
right to seize the license or registration.
(Source: P.A. 91-408, eff. 1-1-00.)
(225 ILCS 105/17.9)
Sec. 17.9. Summary suspension of a license or
registration. The Director may summarily suspend a license or
registration without a hearing if the Director finds that
evidence in the Director's possession indicates that the
continuation of practice would constitute an imminent danger
to the public or the individual involved. If the Director
summarily suspends the license or registration without a
hearing, a hearing must be commenced within 30 days after the
suspension has occurred and concluded as expeditiously as
practical.
(Source: P.A. 91-408, eff. 1-1-00.)
(225 ILCS 105/18) (from Ch. 111, par. 5018)
Sec. 18. Investigations; notice and hearing. The
Department may investigate the actions of any applicant or of
any person or persons promoting or participating in a contest
or exhibition or any person holding or claiming to hold a
license or registration. The Department shall, before
revoking, suspending, placing on probation, reprimanding, or
taking any other disciplinary action under this Act, at least
30 days before the date set for the hearing, (i) notify the
accused in writing of the charges made and the time and place
for the hearing on the charges, (ii) direct him or her to
file a written answer to the charges with the Board under
oath within 20 days after the service on him or her of the
notice, and (iii) inform the accused that, if he or she fails
to answer, default will be taken against him or her or that
his or her license or registration may be suspended, revoked,
or placed on probationary status or that other disciplinary
action may be taken with regard to the license or
registration, including limiting the scope, nature, or extent
of his or her practice, as the Department may consider
proper. At the time and place fixed in the notice, the Board
shall proceed to hear the charges, and the parties or their
counsel shall be accorded ample opportunity to present any
pertinent statements, testimony, evidence, and arguments. The
Board may continue the hearing from time to time. In case the
person, after receiving the notice, fails to file an answer,
his or her license or registration may, in the discretion of
the Department, be suspended, revoked, or placed on
probationary status or the Department may take whatever
disciplinary action considered proper, including limiting the
scope, nature, or extent of the person's practice or the
imposition of a fine, without a hearing, if the act or acts
charged constitute sufficient grounds for that action under
this Act. The written notice may be served by personal
delivery or by certified mail to the address specified by the
accused in his or her last notification with the Department.
(Source: P.A. 91-408, eff. 1-1-00.)
(225 ILCS 105/19) (from Ch. 111, par. 5019)
Sec. 19. Findings and recommendations. At the conclusion
of the hearing, the Board shall present to the Director a
written report of its findings, conclusions of law, and
recommendations. The report shall contain a finding of
whether the accused person violated this Act or its rules or
failed to comply with the conditions required in this Act or
its rules. The Board shall specify the nature of any
violations or failure to comply and shall make its
recommendations to the Director. In making recommendations
for any disciplinary actions, the Board may take into
consideration all facts and circumstances bearing upon the
reasonableness of the conduct of the accused and the
potential for future harm to the public including, but not
limited to, previous discipline of the accused by the
Department, intent, degree of harm to the public and
likelihood of harm in the future, any restitution made by the
accused, and whether the incident or incidents contained in
the complaint appear to be isolated or represent a continuing
pattern of conduct. In making its recommendations for
discipline, the Board shall endeavor to ensure that the
severity of the discipline recommended is reasonably related
to the severity of the violation.
The report of findings of fact, conclusions of law, and
recommendation of the Board shall be the basis for the
Department's order refusing to issue, restore, or renew a
license or registration, or otherwise disciplining a licensee
or registrant. If the Director disagrees with the
recommendations of the Board, the Director may issue an order
in contravention of the Board recommendations. The Director
shall provide a written report to the Board on any
disagreement and shall specify the reasons for the action in
the final order. The finding is not admissible in evidence
against the person in a criminal prosecution brought for a
violation of this Act, but the hearing and finding are not a
bar to a criminal prosecution brought for a violation of this
Act.
(Source: P.A. 91-408, eff. 1-1-00.)
(225 ILCS 105/19.1) (from Ch. 111, par. 5019.1)
Sec. 19.1. Appointment of a hearing officer. 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 in any action for refusal to issue,
restore, or renew a license or certificate of registration or
discipline of a licensee or registrant. The hearing officer
has full authority to conduct the hearing. The hearing
officer shall report his or her findings of fact, conclusions
of law, and recommendations to the Board and the Director.
The Board shall have 60 days from receipt of the report to
review the report of the hearing officer and present its
findings of fact, conclusions of law and recommendations to
the Director. If the Board fails to present its report
within the 60 day period, the Director may issue an order
based on the report of the hearing officer. If the Director
determines that the Board's report is contrary to the
manifest weight of the evidence, he may issue an order in
contravention of the recommendation. The Director shall
promptly provide a written report of the Board on any
deviation and shall specify the reasons for the action in the
final order.
(Source: P.A. 91-408, eff. 1-1-00.)
(225 ILCS 105/19.3)
Sec. 19.3. Compelling testimony. Any circuit court, upon
application of the Department, designated hearing officer, or
the applicant or, licensee, or registrant against whom
proceedings under this Act are pending, may enter an order
requiring the attendance of witnesses and their testimony and
the production of documents, papers, files, books, and
records in connection with any hearing or investigation. The
court may compel obedience to its order by proceedings for
contempt.
(Source: P.A. 91-408, eff. 1-1-00.)
(225 ILCS 105/19.4)
Sec. 19.4. Director; rehearing. Whenever the Director
believes that justice has not been done in the revocation,
suspension, refusal to issue, restore, or renew a license or
registration, or other discipline of an applicant or,
licensee, or registrant, he or she may order a rehearing by
the same or other examiners.
(Source: P.A. 91-408, eff. 1-1-00.)
(225 ILCS 105/23) (from Ch. 111, par. 5023)
Sec. 23. Fees. The fees for the administration and
enforcement of this Act including, but not limited to,
original licensure or registration, renewal, and restoration
shall be set by rule. The fees shall not be refundable.
(Blank).
(Source: P.A. 91-357, eff. 7-29-99; 91-408, eff. 1-1-00;
revised 8-27-99.)
(225 ILCS 105/23.1) (from Ch. 111, par. 5023.1)
Sec. 23.1. 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 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. 86-615; 87-1031.)
Section 10. The Regulatory Sunset Act is amended by
changing Section 4.12 and adding Section 4.22 as follows:
(5 ILCS 80/4.12) (from Ch. 127, par. 1904.12)
Sec. 4.12. The following Acts are repealed December 31,
2001:
The Professional Boxing and Wrestling Act.
The Interior Design Profession Title Act.
The Detection of Deception Examiners Act.
The Water Well and Pump Installation Contractor's License
Act.
(Source: P.A. 86-1404; 86-1475; 87-703.)
(5 ILCS 80/4.22 new)
Sec. 4.22. The Professional Boxing Act.
Section 99. Effective date. This Act takes effect
January 1, 2002.
Passed in the General Assembly November 29, 2001.
Approved December 18, 2001.
[ Top ]