(225 ILCS 320/29.5)
(Text of Section before amendment by P.A. 102-1137)
Sec. 29.5. Unlicensed and unregistered practice; violation; civil
penalties.
(a) A person who practices, offers to practice, attempts to practice, or
holds himself or herself out to practice as a plumber or plumbing
contractor without being licensed
or registered under this Act, shall, in addition to any other penalty provided by law, pay a civil penalty to
the Department in an amount not to exceed $5,000 for each offense as determined
by the Department. The civil penalty shall be assessed by the Department after
a hearing is held in accordance with the provisions set forth in this Act
regarding the provision of a hearing for the discipline of a licensee or
registrant.
(b) The Department has the authority and power to investigate any person who
practices, offers to practice, attempts to practice, or holds himself or
herself
out to practice as a plumber or plumbing contractor without being licensed
or registered under this Act, or as an
irrigation contractor without being
registered under this Act.
(c) The civil penalty shall be paid within 60 days after the effective date
of the order imposing the civil penalty. The order shall constitute a judgment
and may be filed and execution had on the judgment in the same manner as a
judgment
from a court of record. All fines and penalties collected by the Department
under this Section of the Act and accrued interest shall be deposited
into the Plumbing Licensure and Program Fund for use by the Department in
performing activities relating to the administration and enforcement of this
Act.
(d) A person who practices, offers to practice, or holds himself or herself out to practice as an irrigation contractor without being registered under this Act shall be subject to the following: (1) For a first offense:
(A) Where no violations of the Illinois Plumbing Code are found, the person shall |
| pay a civil penalty of $1,000 and may be referred to the State's Attorney or the Attorney General for prosecution under Section 29 of this Act.
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(B) Where violations of the Illinois Plumbing Code are found, the person shall pay a
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| civil penalty of $3,000 (the amount of $3,000 may be reduced to $1,000 upon the condition that the unregistered person pays for a licensed plumber who is acceptable to the other party to the original contract or agreement to correct the violations of the Illinois Plumbing Code) and may be referred to the State's Attorney or the Attorney General for prosecution under Section 29 of this Act.
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(2) For a second offense:
(A) Where no violations of the Illinois Plumbing Code are found, the person shall
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| pay a civil penalty of $3,000 and may be referred to the State's Attorney or the Attorney General for prosecution under Section 29 of this Act.
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(B) Where violations of the Illinois Plumbing Code are found, the person shall pay a
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| civil penalty of $5,000 (the amount of $5,000 may be reduced to $3,000 upon the condition that the unregistered person pays for a licensed plumber who is acceptable to the other party to the original contract or agreement to correct the violations of the Illinois Plumbing Code) and may be referred to the State's Attorney or the Attorney General for prosecution under Section 29 of this Act.
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(3) For a third or subsequent offense, the person shall pay a civil penalty of $5,000
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| and be referred to the State's Attorney or the Attorney General for prosecution under Section 29 of this Act.
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(e) A registered irrigation contractor, firm, corporation, partnership, or association that directs, authorizes, or allows a person to practice, offer to practice, attempt to practice, or hold himself or herself out to practice as an irrigation employee without being registered under the provisions of this Act, shall be subject to the following:
(1) For a first offense, the registrant:
(A) shall pay a civil penalty of $5,000;
(B) shall be required to pay for a licensed plumber who is acceptable to the other
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| party to the original contract or agreement to correct any violations of the Illinois Plumbing Code;
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(C) shall have his, her, or its plumbing license suspended; and
(D) may be referred to the State's Attorney or the Attorney General for prosecution
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| under Section 29 of this Act.
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(2) For a second offense, the registrant:
(A) shall pay a civil penalty of $5,000;
(B) shall be required to pay for a licensed plumber who is acceptable to the other
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| party to the original contract or agreement to correct any violations of the Illinois Plumbing Code;
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(C) shall have his, her, or its registration revoked; and
(D) shall be referred to the State's Attorney or the Attorney General for
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| prosecution under Section 29 of this Act.
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(Source: P.A. 94-101, eff. 1-1-08.)
(Text of Section after amendment by P.A. 102-1137)
Sec. 29.5. Unlicensed and unregistered practice; violation; civil
penalties.
(a) A person who practices, offers to practice, attempts to practice, or
holds himself or herself out to practice as a plumber or plumbing
contractor without being licensed
or registered under this Act, shall, in addition to any other penalty provided by law, pay a civil penalty to
the Department in an amount not to exceed $5,000 for each offense as determined
by the Department. The civil penalty shall be assessed by the Department after
a hearing is held in accordance with the provisions set forth in this Act
regarding the provision of a hearing for the discipline of a licensee or
registrant.
(b) The Department has the authority and power to investigate any person who
practices, offers to practice, attempts to practice, or holds himself or
herself
out to practice as a plumber or plumbing contractor without being licensed
or registered under this Act, or as an
irrigation contractor without being
registered under this Act.
(c) The civil penalty shall be paid within 60 days after the effective date
of the order imposing the civil penalty. The order shall constitute a judgment
and may be filed and execution had on the judgment in the same manner as a
judgment
from a court of record. All fines and penalties collected by the Department
under this Section of the Act and accrued interest shall be deposited
into the Plumbing Licensure and Program Fund for use by the Department in
performing activities relating to the administration and enforcement of this
Act.
(d) A person who practices, offers to practice, or holds himself or herself out to practice as an irrigation contractor without being registered under this Act shall be subject to the following:
(1) For a first offense:
(A) Where no violations of the Illinois Plumbing Code are found, the person shall
|
| pay a civil penalty of $1,000 and may be referred to the State's Attorney or the Attorney General for prosecution under Section 29 of this Act.
|
|
(B) Where violations of the Illinois Plumbing Code are found, the person shall pay a
|
| civil penalty of $3,000 (the amount of $3,000 may be reduced to $1,000 upon the condition that the unregistered person pays for a licensed plumber who is acceptable to the other party to the original contract or agreement to correct the violations of the Illinois Plumbing Code) and may be referred to the State's Attorney or the Attorney General for prosecution under Section 29 of this Act.
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|
(2) For a second offense:
(A) Where no violations of the Illinois Plumbing Code are found, the person shall
|
| pay a civil penalty of $3,000 and may be referred to the State's Attorney or the Attorney General for prosecution under Section 29 of this Act.
|
|
(B) Where violations of the Illinois Plumbing Code are found, the person shall pay a
|
| civil penalty of $5,000 (the amount of $5,000 may be reduced to $3,000 upon the condition that the unregistered person pays for a licensed plumber who is acceptable to the other party to the original contract or agreement to correct the violations of the Illinois Plumbing Code) and may be referred to the State's Attorney or the Attorney General for prosecution under Section 29 of this Act.
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(3) For a third or subsequent offense, the person shall pay a civil penalty of $5,000
|
| and be referred to the State's Attorney or the Attorney General for prosecution under Section 29 of this Act.
|
|
(e) A registered irrigation contractor, firm, corporation, partnership, or association that directs, authorizes, or allows a person to practice, offer to practice, attempt to practice, or hold himself or herself out to practice as an irrigation employee without being registered under the provisions of this Act, shall be subject to the following:
(1) For a first offense, the registrant:
(A) shall pay a civil penalty of $10,000;
(B) shall be required to pay for a licensed plumber who is acceptable to the other
|
| party to the original contract or agreement to correct any violations of the Illinois Plumbing Code;
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|
(C) shall have his, her, or its plumbing license suspended; and
(D) may be referred to the State's Attorney or the Attorney General for prosecution
|
| under Section 29 of this Act.
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|
(2) For a second offense, the registrant:
(A) shall pay a civil penalty of $10,000;
(B) shall be required to pay for a licensed plumber who is acceptable to the other
|
| party to the original contract or agreement to correct any violations of the Illinois Plumbing Code;
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(C) shall have his, her, or its registration revoked; and
(D) shall be referred to the State's Attorney or the Attorney General for
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| prosecution under Section 29 of this Act.
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(f) If the inspecting licensed plumber does not inspect every sprinkler system installed by an irrigation contractor to ensure the provisions of this Act have been met and that the system works mechanically or signs off on the installation without making the physical connection between a lawn sprinkler system and the backflow prevention device, the licensed plumber:
(1) shall pay a civil penalty of $10,000;
(2) shall be required to pay for a licensed plumber who is acceptable to the other party
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| to the original contract or agreement to correct any violations of the Act;
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(3) shall have his, her, or its plumbing license suspended; and
(4) may be referred to the State's Attorney or the Attorney General for prosecution
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| under Section 29 of this Act.
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|
(Source: P.A. 102-1137, eff. 1-1-24.)
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