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| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 SB2618 Introduced 2/7/2018, by Sen. Pamela J. Althoff SYNOPSIS AS INTRODUCED: |
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Amends the Regulatory Sunset Act. Extends the repeal date of the Environmental Health Practitioner Licensing Act from January 1, 2019 to January 1, 2029. Amends the Environmental Health Practitioner Licensing Act. Provides that applicants and licensees shall provide the Department of Financial and Professional Regulation with a valid address and email address and inform the Department of any changes within 14 days. Makes changes to the grounds by which the Department may refuse to issue, renew, revoke, suspend, or discipline a license because of the applicant's or licensee's criminal history. Removes duplicate provisions concerning record of proceedings. Adds provisions concerning confidentiality of a complaint against a licensee. Replaces "Director" with "Secretary" in order to update references to the Secretary of Financial and Professional Regulation. Makes other changes. Effective immediately.
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| | | FISCAL NOTE ACT MAY APPLY | |
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1 | | AN ACT concerning regulation.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Regulatory Sunset Act is amended by changing |
5 | | Section 4.29 and adding Section 4.39 as follows: |
6 | | (5 ILCS 80/4.29) |
7 | | Sec. 4.29. Acts repealed on January 1, 2019 and December |
8 | | 31, 2019. |
9 | | (a) The following Act is repealed on January 1, 2019: |
10 | | The Environmental Health Practitioner Licensing Act. |
11 | | (b) The following Acts are repealed on December 31, 2019: |
12 | | The Medical Practice Act of 1987. |
13 | | The Structural Pest Control Act.
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14 | | (Source: P.A. 100-429, eff. 8-25-17.) |
15 | | (5 ILCS 80/4.39 new) |
16 | | Sec. 4.39. Act repealed on January 1, 2029. The following |
17 | | Act is repealed on January 1, 2029: |
18 | | The Environmental Health Practitioner Licensing Act. |
19 | | Section 10. The Environmental Health Practitioner |
20 | | Licensing Act is amended by changing Sections 10, 18, 19, 31, |
21 | | 35, 60, 65, 70, 75, 80, 85, 90, 95, 100, 105, 115, 125, and 130 |
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1 | | and by adding Sections 11 and 123 as follows:
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2 | | (225 ILCS 37/10)
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3 | | (Section scheduled to be repealed on January 1, 2019)
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4 | | Sec. 10. Definitions. As used in this Act:
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5 | | "Address of record" means the designated address recorded |
6 | | by the Department in the applicant's application file or the |
7 | | licensee's license file maintained by the Department's |
8 | | licensure maintenance unit. |
9 | | "Board" means the Board of Environmental Health |
10 | | Practitioners as created
in this Act.
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11 | | "Department" means the Department of Financial and |
12 | | Professional Regulation.
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13 | | "Director" means the Director of Professional Regulation.
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14 | | "Email address of record" means the designated email |
15 | | address recorded by the Department in the applicant's |
16 | | application file or the licensee's license file maintained by |
17 | | the Department's licensure maintenance unit. |
18 | | "Environmental health inspector" means an individual who, |
19 | | in support
of and under the general supervision of a licensed |
20 | | environmental health
practitioner or licensed professional |
21 | | engineer, practices environmental
health and meets the |
22 | | educational qualifications of an environmental health
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23 | | inspector.
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24 | | "Environmental health practice" is the practice of |
25 | | environmental
health by licensed environmental health |
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1 | | practitioners within the meaning
of this Act and includes, but |
2 | | is not limited to, the following areas of
professional |
3 | | activities: milk and food sanitation; protection and |
4 | | regulation
of private water supplies; private waste water |
5 | | management; domestic solid
waste disposal practices; |
6 | | institutional health and safety; and consultation
and |
7 | | education in these fields.
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8 | | "Environmental health practitioner in training" means a |
9 | | person licensed
under this Act who meets the educational |
10 | | qualifications of a licensed
environmental health practitioner |
11 | | and practices environmental health in
support of and under the |
12 | | general supervision of a licensed environmental
health |
13 | | practitioner or licensed professional engineer, but has not |
14 | | passed the
licensed environmental health practitioner |
15 | | examination administered by the
Department.
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16 | | "License" means the authorization issued by the Department |
17 | | permitting the
person named on the authorization to practice |
18 | | environmental health as
defined in this Act.
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19 | | "Licensed environmental health practitioner" is a person |
20 | | who,
by virtue of education and experience in the physical, |
21 | | chemical,
biological, and environmental health sciences, is |
22 | | especially trained to
organize, implement, and manage |
23 | | environmental health programs, trained to
carry out education |
24 | | and enforcement activities for the promotion and
protection of |
25 | | the public health and environment, and is licensed as an
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26 | | environmental health practitioner under this Act. |
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1 | | "Secretary" means the Secretary of Financial and |
2 | | Professional Regulation.
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3 | | (Source: P.A. 100-201, eff. 8-18-17.)
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4 | | (225 ILCS 37/11 new) |
5 | | Sec. 11. Address of record; email address of record. All |
6 | | applicants and licensees shall: |
7 | | (1) provide a valid address and email address to the |
8 | | Department, which shall serve as the address of record and |
9 | | email address of record, respectively, at the time of |
10 | | application for licensure or renewal of a license; and |
11 | | (2) inform the Department of any change of address of |
12 | | record or email address of record within 14 days after such |
13 | | change either through the Department's website or by |
14 | | contacting the Department's licensure maintenance unit.
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15 | | (225 ILCS 37/18)
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16 | | (Section scheduled to be repealed on January 1, 2019)
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17 | | Sec. 18. Board of Environmental Health Practitioners. The |
18 | | Board of
Environmental Health Practitioners is created and |
19 | | shall exercise its duties as
provided in this Act. The Board |
20 | | shall consist of 5 members appointed
by the Secretary
Director . |
21 | | Of the 5 members, 3 shall be environmental
health |
22 | | practitioners, one
a Public Health Administrator who meets the |
23 | | minimum qualifications for public
health personnel employed by |
24 | | full time local health departments as prescribed
by the |
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1 | | Illinois Department of Public Health and is actively engaged in |
2 | | the
administration of a local health department within this |
3 | | State, and one
member
of the general public. In making the |
4 | | appointments to the Board, the Secretary Director
shall |
5 | | consider the recommendations of related professional and trade
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6 | | associations including the Illinois Environmental Health |
7 | | Association and the
Illinois Public Health Association and of |
8 | | the Director of Public
Health. Each of the environmental health |
9 | | practitioners shall have at least 5
years of full time |
10 | | employment in the field of environmental health practice
before |
11 | | the date of appointment. Each appointee filling the seat of an
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12 | | environmental health practitioner appointed to the Board must |
13 | | be licensed under
this Act.
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14 | | The membership of the Board shall reasonably reflect |
15 | | representation from the
various geographic areas of the State.
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16 | | A vacancy in the membership of the Board shall not impair |
17 | | the right of a
quorum to exercise all the rights and perform |
18 | | all the duties of the Board.
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19 | | The members of the Board are entitled to receive |
20 | | reimbursement for as compensation a reasonable
sum
as |
21 | | determined by the Director for each day actually engaged in the |
22 | | duties of
the office and all legitimate and necessary expenses |
23 | | incurred in attending the
meetings of the Board.
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24 | | A member Members of the Board shall have no liability be |
25 | | immune from suit in any action based upon any
disciplinary |
26 | | proceedings or other activity activities performed in good |
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1 | | faith as a member members
of the Board.
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2 | | The Secretary Director may remove any member of the Board |
3 | | for any cause that, in the
opinion of the Secretary Director , |
4 | | reasonably justifies termination.
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5 | | (Source: P.A. 91-724, eff. 6-2-00; 91-798, eff. 7-9-00; 92-837, |
6 | | eff. 8-22-02 .)
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7 | | (225 ILCS 37/19)
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8 | | (Section scheduled to be repealed on January 1, 2019)
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9 | | Sec. 19. Requirements of approval by Board of Environmental |
10 | | Health
Practitioners. The Secretary Director may consider the |
11 | | recommendations of the Board in
establishing guidelines for |
12 | | professional conduct, for the conduct of formal
disciplinary |
13 | | proceedings brought under this Act, and for establishing
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14 | | guidelines for qualifications and examinations of applicants. |
15 | | Notice of
proposed rulemaking shall be transmitted to the |
16 | | Board. The Department shall
review the response of the Board |
17 | | and its recommendations. The Department, at
any time, may seek |
18 | | the expert advice and knowledge of the Board on any matter
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19 | | relating to the administration or enforcement of this Act.
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20 | | (Source: P.A. 89-61, eff. 6-30-95 .)
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21 | | (225 ILCS 37/31)
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22 | | (Section scheduled to be repealed on January 1, 2019)
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23 | | Sec. 31. Checks or orders dishonored. A person who issues |
24 | | or delivers a
check or other order to the Department that is |
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1 | | returned to the Department
unpaid by the financial institution |
2 | | upon which it is drawn shall pay to the
Department, in addition |
3 | | to the amount already owed to the Department, a fine of
$50. |
4 | | The fines
imposed by this Section are in addition to any other |
5 | | discipline provided under
this Act prohibiting unlicensed |
6 | | practice or practice on a nonrenewed license.
The Department |
7 | | shall notify the person that payment of fees and fines shall be
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8 | | paid to the Department by certified check or money order within |
9 | | 30 calendar
days after notification. If, after the expiration |
10 | | of 30 days from the date of
the notification, the person fails |
11 | | to submit the necessary remittance,
the Department shall |
12 | | automatically terminate the license or certification or
deny |
13 | | the application, without hearing. If, after termination or |
14 | | denial, the
person seeks a license or certificate, he or she |
15 | | shall apply to the Department
for restoration or issuance of a |
16 | | license or certificate and pay all fees and
fines due to the |
17 | | Department. The Department may establish a fee for the
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18 | | processing of an application for restoration of a license to |
19 | | pay all costs and
expenses of processing of this application. |
20 | | The Secretary Director may waive the fines
due under this |
21 | | Section in individual cases where the Secretary Director finds |
22 | | that the
fines would be unnecessarily burdensome.
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23 | | (Source: P.A. 92-146, eff. 1-1-02 .)
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24 | | (225 ILCS 37/35)
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25 | | (Section scheduled to be repealed on January 1, 2019)
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1 | | Sec. 35. Grounds for discipline.
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2 | | (a) The Department may refuse to issue or renew, or may |
3 | | revoke, suspend,
place on probation, reprimand, or take other |
4 | | disciplinary action with regard to
any license issued under |
5 | | this Act as the Department may consider proper,
including the |
6 | | imposition of fines not to exceed $5,000 for each violation, |
7 | | for
any one or combination of the following causes:
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8 | | (1) Material misstatement in furnishing information to |
9 | | the Department.
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10 | | (2) Violations of this Act or its rules.
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11 | | (3) Conviction by plea of guilty or nolo contendere, |
12 | | finding of guilt, jury verdict, or entry of judgment or |
13 | | sentencing, including, but not limited to, convictions, |
14 | | preceding sentences of supervision, conditional discharge, |
15 | | or first offender probation, under the laws of any |
16 | | jurisdiction of the United States that is (i) a felony or |
17 | | (ii) a misdemeanor, an essential element of which is |
18 | | dishonesty, or that is directly related to the practice of |
19 | | the profession. Conviction of any felony under the laws of |
20 | | any U.S. jurisdiction, any
misdemeanor an essential |
21 | | element of which is dishonesty, or any crime that is
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22 | | directly related to the practice of the profession.
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23 | | (4) Making any misrepresentation for the purpose of |
24 | | obtaining a
certificate of registration.
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25 | | (5) Professional incompetence.
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26 | | (6) Aiding or assisting another person in violating any |
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1 | | provision of this
Act or its rules.
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2 | | (7) Failing to provide information within 60 days in |
3 | | response to a written
request made by the Department.
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4 | | (8) Engaging in dishonorable, unethical, or |
5 | | unprofessional conduct of a
character likely to deceive, |
6 | | defraud, or harm the public as defined by rules of
the |
7 | | Department.
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8 | | (9) Habitual or excessive use or addiction to alcohol, |
9 | | narcotics,
stimulants, or any other chemical agent or drug |
10 | | that results in an
environmental health practitioner's |
11 | | inability to practice with reasonable
judgment, skill, or |
12 | | safety.
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13 | | (10) Discipline by another U.S. jurisdiction or |
14 | | foreign nation, if at
least one of the grounds for a |
15 | | discipline is the same or substantially
equivalent to those |
16 | | set forth in this Act.
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17 | | (11) A finding by the Department that the registrant, |
18 | | after having his or
her license placed on probationary |
19 | | status, has violated the terms of
probation.
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20 | | (12) Willfully making or filing false records or |
21 | | reports in his or her
practice, including, but not limited |
22 | | to, false records filed with State
agencies or departments.
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23 | | (13) Physical illness, including, but not limited to, |
24 | | deterioration
through the aging process or loss of motor |
25 | | skills that result in the inability
to practice the |
26 | | profession with reasonable judgment, skill, or safety.
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1 | | (14) Failure to comply with rules promulgated by the
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2 | | Illinois Department of Public Health or other State |
3 | | agencies related to the
practice of environmental health.
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4 | | (15) The Department shall deny any application for a |
5 | | license or renewal of
a license under this Act, without |
6 | | hearing, to a person who has defaulted on an
educational |
7 | | loan guaranteed by the Illinois Student Assistance |
8 | | Commission;
however, the Department may issue a license or |
9 | | renewal of a license if the
person in default has |
10 | | established a satisfactory repayment record as determined
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11 | | by the Illinois Student Assistance
Commission.
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12 | | (16) Solicitation of professional services by using |
13 | | false or misleading
advertising.
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14 | | (17) A finding that the license has been applied for or |
15 | | obtained by
fraudulent means.
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16 | | (18) Practicing or attempting to practice under a name |
17 | | other than the full
name as shown on the license or any |
18 | | other legally authorized name.
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19 | | (19) Gross overcharging for professional services |
20 | | including filing
statements for collection of fees or |
21 | | moneys for which services are not
rendered.
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22 | | (b) The Department may refuse to issue or may suspend the |
23 | | license of any
person who fails to (i) file a return, (ii) pay |
24 | | the tax, penalty, or interest
shown in a filed return; or (iii) |
25 | | pay any final assessment of the tax, penalty,
or interest as |
26 | | required by any tax Act administered by the Illinois Department
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1 | | of Revenue until the requirements of the tax Act are satisfied.
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2 | | (c) The determination by a circuit court that a licensee is |
3 | | subject
to involuntary admission or judicial admission to a |
4 | | mental health facility as
provided in the Mental Health and |
5 | | Developmental Disabilities Code operates as
an automatic |
6 | | suspension. The suspension may end only upon a finding by a |
7 | | court
that the licensee is no longer subject to involuntary |
8 | | admission or judicial
admission, the issuance of an order so |
9 | | finding and discharging the patient, and
the recommendation of |
10 | | the Board to the Secretary Director that the licensee be |
11 | | allowed to
resume practice.
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12 | | (d) In enforcing this Section, the Department, upon a |
13 | | showing of a
possible
violation, may compel any person licensed |
14 | | to practice under this Act or who has
applied
for licensure or |
15 | | certification pursuant to this Act to submit to a mental or
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16 | | physical
examination, or both, as required by and at the |
17 | | expense of the Department. The
examining physicians shall be |
18 | | those specifically
designated by
the Department. The |
19 | | Department may order the examining physician
to present |
20 | | testimony concerning this mental or
physical
examination of the
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21 | | licensee or applicant. No information shall be excluded by |
22 | | reason of any
common law or
statutory privilege relating to |
23 | | communications between the licensee or
applicant and the
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24 | | examining physician. The person to be examined may
have, at his
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25 | | or her own expense, another physician of his or her
choice
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26 | | present during all aspects of the examination. Failure of any |
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1 | | person to submit
to a mental
or physical examination, when |
2 | | directed, shall be grounds for suspension of a
license until
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3 | | the person submits to the examination if the Department finds, |
4 | | after notice and
hearing,
that the refusal to submit to the |
5 | | examination was without reasonable cause.
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6 | | If the Department finds an individual unable to practice |
7 | | because of the
reasons set
forth in this Section, the |
8 | | Department may require that individual to submit to
care,
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9 | | counseling, or treatment by physicians approved or designated |
10 | | by the
Department, as a
condition, term, or restriction for |
11 | | continued, restored reinstated , or renewed licensure
to |
12 | | practice
or, in lieu of care, counseling, or treatment, the |
13 | | Department may file a
complaint to
immediately suspend, revoke, |
14 | | or otherwise discipline the license of the
individual.
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15 | | Any person whose license was granted, continued, restored |
16 | | reinstated , renewed,
disciplined, or supervised subject to |
17 | | such terms, conditions, or restrictions
and
who fails to comply |
18 | | with such terms, conditions, or restrictions shall be
referred |
19 | | to
the Secretary Director for a determination as to whether the |
20 | | person shall have his or her
license suspended immediately, |
21 | | pending a hearing by the Department.
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22 | | In instances in which the Secretary Director immediately |
23 | | suspends a person's license
under this Section, a hearing on |
24 | | that person's license must be convened by the
Department within |
25 | | 15 days after the suspension and completed without
appreciable |
26 | | delay. The Department shall have the authority to review the
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1 | | subject
person's record of treatment and counseling regarding |
2 | | the impairment, to the
extent permitted by applicable federal |
3 | | statutes and regulations safeguarding
the
confidentiality of |
4 | | medical records.
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5 | | A person licensed under this Act and affected under this |
6 | | Section shall be
afforded an opportunity to demonstrate to the |
7 | | Department that he or she can
resume practice in compliance |
8 | | with acceptable and prevailing standards under
the
provisions |
9 | | of his or her license.
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10 | | (Source: P.A. 92-837, eff. 8-22-02 .)
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11 | | (225 ILCS 37/60)
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12 | | (Section scheduled to be repealed on January 1, 2019)
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13 | | Sec. 60. Violations; injunctions; cease and desist order.
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14 | | (a) If a person violates a provision of this Act, the |
15 | | Secretary Director may, in
the name of the People of the State |
16 | | of Illinois, through the Attorney General
of the State of |
17 | | Illinois, petition for an order enjoining the violation or for
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18 | | any order enforcing compliance with this Act. Upon the filing |
19 | | of a verified
petition in court, the court may issue a |
20 | | temporary restraining order, without
notice or bond, and may |
21 | | preliminarily and permanently enjoin the violation.
If it is |
22 | | established that the person has violated or is violating the
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23 | | injunction,
the Court may punish the offender for contempt of |
24 | | court. Proceedings under this
Section are in addition to, and |
25 | | not in lieu of, all other remedies and
penalties provided by |
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1 | | this Act.
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2 | | (b) (Blank). If a person practices as an environmental |
3 | | health practitioner or
holds himself or herself out as such |
4 | | without having a valid license under this
Act, then a licensee, |
5 | | an interested party, or a person injured thereby may,
in |
6 | | addition to the Director, petition for relief as provided in |
7 | | subsection (a)
of this Section.
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8 | | (c) Whenever in the opinion of the Department a person |
9 | | violates a
provision of this Act, the Department may issue a |
10 | | rule to show cause why an
order to cease and desist should not |
11 | | be entered against him or her. The rule
shall clearly set forth |
12 | | the grounds relied upon by the Department and shall
provide a |
13 | | period of 7 days from the date of the rule to file an answer to |
14 | | the
satisfaction of the Department. Failure to answer to the |
15 | | satisfaction of the
Department shall cause an order to cease |
16 | | and desist to be issued immediately.
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17 | | (Source: P.A. 89-61, eff. 6-30-95 .)
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18 | | (225 ILCS 37/65)
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19 | | (Section scheduled to be repealed on January 1, 2019)
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20 | | Sec. 65. Investigation; notice; hearing. The Department |
21 | | may investigate
the actions of an applicant or a person or |
22 | | persons holding or claiming to
hold a license. Before refusing |
23 | | to issue, refusing to renew, or taking any
disciplinary action |
24 | | regarding a license, the Department shall, at least 30 days
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25 | | before the date set for the hearing, notify in writing the |
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1 | | applicant for, or
holder of, a license of the nature of any |
2 | | charges and that a hearing will be
held on a date designated. |
3 | | The Department shall direct the applicant or
licensee to file a |
4 | | written answer with the Board under oath within 20 days
after |
5 | | the service of the notice and inform the applicant or licensee |
6 | | that
failure to file an answer shall result in default being |
7 | | taken against the
applicant or licensee and that the license |
8 | | may be suspended, revoked, or placed
on probationary status, or |
9 | | that other disciplinary action may be taken,
including limiting |
10 | | the scope, nature, or extent of practice, as the Secretary |
11 | | Director
may
consider proper. Written notice may be served by |
12 | | personal delivery , or
certified or
registered mail , or email to |
13 | | the applicant or licensee respondent at the address of his or |
14 | | her address of record or email address of record last
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15 | | notification to the Department . If the person fails to file an |
16 | | answer after
receiving notice, his or her license or |
17 | | certificate may, in the discretion of
the Department, be |
18 | | suspended, revoked, or placed on probationary
status or the |
19 | | Department may take any disciplinary action considered proper,
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20 | | including
limiting the scope, nature, or extent of the person's |
21 | | practice or the
imposition of a fine, without a hearing, if the |
22 | | act or acts charged constitute
sufficient grounds for such |
23 | | action under this Act. At the time and place fixed
in the |
24 | | notice, the Board shall proceed to hear the charges and the |
25 | | parties or
their counsel shall be accorded ample opportunity to |
26 | | present statements,
testimony, evidence, and arguments as may |
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1 | | be pertinent to the charges or to
their
defense. The Board may |
2 | | continue a hearing from time to time.
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3 | | (Source: P.A. 89-61, eff. 6-30-95 .)
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4 | | (225 ILCS 37/70)
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5 | | (Section scheduled to be repealed on January 1, 2019)
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6 | | Sec. 70. Records of proceeding. The Department, at its |
7 | | expense, shall
preserve a record of all proceedings at the |
8 | | formal hearing of any case. The
notice of hearing, complaint, |
9 | | and all other documents in the nature of
pleadings, written |
10 | | motions filed in the proceedings, transcripts of
testimony, |
11 | | reports of the Board and orders of the Department shall be in |
12 | | the
record of the proceedings. The Department shall furnish a |
13 | | transcript of the
record to any person interested in the |
14 | | hearing upon payment of the fee required
under Section 2105-115 |
15 | | of the Department of Professional
Regulation
Law (20 ILCS |
16 | | 2105/2105-115).
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17 | | (Source: P.A. 91-239, eff. 1-1-00 .)
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18 | | (225 ILCS 37/75)
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19 | | (Section scheduled to be repealed on January 1, 2019)
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20 | | Sec. 75. Subpoenas; oaths; attendance of witnesses. The |
21 | | Department has the
power to subpoena and to bring before it any |
22 | | person and to take testimony
either orally or by deposition, or |
23 | | both, with the same fees and mileage and in
the same manner as |
24 | | prescribed in civil cases in the courts of this State.
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1 | | The Secretary Director , the designated hearing officer, |
2 | | and every member of the Board
has the power to administer oaths |
3 | | to witnesses at any hearing that the
Department is authorized |
4 | | to conduct and any other oaths authorized in any Act
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5 | | administered by the Department.
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6 | | (Source: P.A. 89-61, eff. 6-30-95 .)
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7 | | (225 ILCS 37/80)
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8 | | (Section scheduled to be repealed on January 1, 2019)
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9 | | Sec. 80. Recommendations for disciplinary action. At the |
10 | | conclusion of
the hearing, the Board shall present to the |
11 | | Secretary Director a written report of its
findings and |
12 | | recommendations. The report shall contain a finding whether or
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13 | | not the licensee violated this Act or failed to comply with the |
14 | | conditions
required in this Act. The Board shall specify the |
15 | | nature of the violation or
failure to comply and shall make its |
16 | | recommendations to the Secretary Director .
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17 | | The report of findings, conclusions of law, and |
18 | | recommendations of the Board
shall be the basis for the |
19 | | Department's order for refusal to issue or for the
granting of |
20 | | a license or for any disciplinary action. If the Secretary |
21 | | Director
disagrees with the recommendation of the Board, the |
22 | | Secretary Director may issue an
order in contravention of the |
23 | | Board's report. The finding is not admissible
in evidence |
24 | | against the person in a criminal prosecution brought for
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25 | | violation of this Act, but the hearing and findings are not a |
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1 | | bar to criminal
prosecution brought for violation of this Act.
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2 | | (Source: P.A. 89-61, eff. 6-30-95 .)
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3 | | (225 ILCS 37/85)
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4 | | (Section scheduled to be repealed on January 1, 2019)
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5 | | Sec. 85. Rehearing. In any hearing involving disciplinary |
6 | | action against
an applicant or licensee, a copy of the Board's |
7 | | report shall be served upon the
applicant or licensee by the |
8 | | Department, either personally or as provided in
this Act for |
9 | | the service of the notice of hearing. Within 20 calendar days
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10 | | after service, the applicant or licensee may present to the |
11 | | Department a motion
in writing for a rehearing that shall |
12 | | specify the particular grounds for
rehearing. If no motion for |
13 | | rehearing is filed, then upon the expiration of
the time |
14 | | specified for filing a motion, or if a motion for rehearing is |
15 | | denied,
then upon denial, the Secretary Director may enter an |
16 | | order in accordance with
recommendations of the Board, except |
17 | | as provided in this Act. If the applicant
or licensee orders |
18 | | from the reporting service, and pays for a transcript of the
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19 | | record within the time for filing a motion for rehearing, the |
20 | | 20 calendar
day period within which a motion may be filed shall |
21 | | commence upon the delivery
of the transcript to the respondent.
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22 | | (Source: P.A. 88-670, eff. 12-2-94; 89-61, eff. 6-30-95 .)
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23 | | (225 ILCS 37/90)
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24 | | (Section scheduled to be repealed on January 1, 2019)
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1 | | Sec. 90. Rehearing Hearing by other examiner . Whenever the |
2 | | Secretary Director is not
satisfied that substantial justice |
3 | | has been done in the revocation, suspension,
or refusal to |
4 | | issue or renew a license, the Secretary Director may order a |
5 | | rehearing by
the same or other examiners.
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6 | | (Source: P.A. 88-683, eff. 1-24-95; 89-61, eff. 6-30-95; |
7 | | 89-626, eff.
8-9-96 .)
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8 | | (225 ILCS 37/95)
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9 | | (Section scheduled to be repealed on January 1, 2019)
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10 | | Sec. 95. Appointment of hearing officer. The Secretary |
11 | | Director has the authority
to appoint any attorney duly |
12 | | licensed to practice law in the State of Illinois
to serve as |
13 | | the hearing officer in any action for Departmental refusal to |
14 | | issue
a license, renew a license, or to discipline a licensee. |
15 | | The hearing officer
has full authority to conduct the hearing. |
16 | | At least one member of the Board
shall attend each hearing. The |
17 | | hearing officer shall report the findings of
fact,
conclusions |
18 | | of law, and recommendations to the Board and the Secretary |
19 | | Director . The
Board has 60 calendar days from receipt of the |
20 | | report to review the report of
the hearing officer and present |
21 | | its findings of fact, conclusions of law, and
recommendations |
22 | | to the Secretary Director . If the Board fails to present its |
23 | | report
within the 60 calendar day period, the Secretary |
24 | | Director may issue an order based on the
report of
the hearing |
25 | | officer. If the Secretary Director disagrees with the |
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1 | | recommendation of the
Board or the hearing officer, the |
2 | | Secretary Director may issue an order in contravention
of the |
3 | | recommendation.
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4 | | (Source: P.A. 89-61, eff. 6-30-95 .)
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5 | | (225 ILCS 37/100)
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6 | | (Section scheduled to be repealed on January 1, 2019)
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7 | | Sec. 100. Order or certified copy. An order or a certified |
8 | | copy thereof,
over the seal of the Department and purporting to |
9 | | be signed by the Secretary Director ,
shall be prima facie proof |
10 | | that:
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11 | | (1) the signature is the genuine signature of the Secretary |
12 | | Director ;
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13 | | (2) the Secretary Director is duly appointed and qualified; |
14 | | and
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15 | | (3) the Board and its members are qualified to act.
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16 | | (Source: P.A. 89-61, eff. 6-30-95 .)
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17 | | (225 ILCS 37/105)
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18 | | (Section scheduled to be repealed on January 1, 2019)
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19 | | Sec. 105. Restoration of suspended or revoked license. At |
20 | | any time after
the suspension or revocation of any license, the |
21 | | Department may restore the
license to the accused person upon |
22 | | the written recommendation of the Board,
unless after an |
23 | | investigation and a hearing the Board determines that
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24 | | restoration is not in the public interest. No person whose |
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1 | | license has been revoked as authorized in this Act may apply |
2 | | for restoration of that license until such time as provided for |
3 | | in the Department of Professional Regulation Law of the Civil |
4 | | Administrative Code of Illinois. |
5 | | A license that has been suspended or revoked shall be |
6 | | considered nonrenewed for purposes of restoration and a person |
7 | | restoring his or her license from suspension or revocation must |
8 | | comply with the requirements for restoration of a nonrenewed |
9 | | license as set forth in Section 15 of this Act and any related |
10 | | rules adopted.
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11 | | (Source: P.A. 89-61, eff. 6-30-95 .)
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12 | | (225 ILCS 37/115)
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13 | | (Section scheduled to be repealed on January 1, 2019)
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14 | | Sec. 115. Temporary suspension. The Secretary Director may |
15 | | summarily suspend the
license of an environmental health |
16 | | practitioner without a hearing,
simultaneously with the |
17 | | initiation of proceedings for a hearing provided for in
this |
18 | | Act, if the Secretary Director finds that evidence in his or |
19 | | her possession
indicates that an environmental health |
20 | | practitioner's continuation in practice
would constitute an |
21 | | imminent danger to the public. In the event that the Secretary
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22 | | Director summarily suspends the license of an environmental |
23 | | health practitioner
without a hearing, a hearing by the Board |
24 | | must be commenced held within 30 calendar days
after the |
25 | | suspension has occurred.
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1 | | (Source: P.A. 89-61, eff. 6-30-95 .)
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2 | | (225 ILCS 37/123 new) |
3 | | Sec. 123. Confidentiality. All information collected by |
4 | | the Department in the course of an examination or investigation |
5 | | of a licensee, registrant, or applicant, including, but not |
6 | | limited to, any complaint against a licensee or registrant |
7 | | filed with the Department and information collected to |
8 | | investigate any such complaint, shall be maintained for the |
9 | | confidential use of the Department and shall not be disclosed. |
10 | | The Department may not disclose the information to anyone other |
11 | | than law enforcement officials, other regulatory agencies that |
12 | | have an appropriate regulatory interest as determined by the |
13 | | Secretary, or a party presenting a lawful subpoena to the |
14 | | Department. Information and documents disclosed to a federal, |
15 | | State, county, or local law enforcement agency shall not be |
16 | | disclosed by the agency for any purpose to any other agency or |
17 | | person. A formal complaint filed against a licensee, |
18 | | registrant, or applicant by the Department or any order issued |
19 | | by the Department against a licensee, registrant, or applicant |
20 | | shall be a public record, except as otherwise prohibited by |
21 | | law.
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22 | | (225 ILCS 37/125)
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23 | | (Section scheduled to be repealed on January 1, 2019)
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24 | | Sec. 125. Certification of record; costs records . The |
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1 | | Department shall not be required to certify a record to the |
2 | | court or file an answer in court or otherwise appear in a court |
3 | | in a judicial review proceeding, unless and until the |
4 | | Department has received from the plaintiff payment of the costs |
5 | | of furnishing and certifying the record, which costs shall be |
6 | | determined by the Department. Exhibits shall be certified |
7 | | without cost. Failure on the part of the plaintiff to file a |
8 | | receipt in court shall be grounds for dismissal of the action. |
9 | | The Department shall not be required
to certify any record to |
10 | | the court, to file any answer in court, or otherwise
appear in |
11 | | any court in a judicial review proceeding, unless there is |
12 | | filed in
the court, with the complaint, a receipt from the |
13 | | Department acknowledging
payment of the costs of furnishing and |
14 | | certifying the record. Failure on the
part of the plaintiff to |
15 | | file the receipt in court shall be grounds for
dismissal of the |
16 | | action.
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17 | | (Source: P.A. 89-61, eff. 6-30-95 .)
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18 | | (225 ILCS 37/130)
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19 | | (Section scheduled to be repealed on January 1, 2019)
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20 | | Sec. 130. Illinois Administrative Procedure Act. The |
21 | | Illinois Administrative
Procedure Act is
expressly adopted and |
22 | | incorporated in this Act as if all of the provisions of
that |
23 | | Act were included in this Act, except that the provision of |
24 | | paragraph (c)
of Section 10-65 of the Illinois Administrative |
25 | | Procedure Act, which provides that
at hearings the certificate |
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1 | | holder has the right to show compliance with all
lawful |
2 | | requirements for retention, continuation, or renewal of the
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3 | | certificate, is specifically excluded. For the purpose of this |
4 | | Act, the notice
required under Section 10-25 of the Illinois |
5 | | Administrative Procedure Act is
deemed
sufficient when mailed |
6 | | or emailed to the applicant or licensee at his or her last |
7 | | known address of record or email address of record last known |
8 | | address of a party .
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9 | | (Source: P.A. 99-642, eff. 7-28-16.)
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10 | | (225 ILCS 37/45 rep.)
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11 | | Section 15. The Environmental Health Practitioner |
12 | | Licensing Act is amended by repealing Section 45.
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13 | | Section 99. Effective date. This Act takes effect upon |
14 | | becoming law.
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| 1 | |
INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | 5 ILCS 80/4.29 | | | 4 | | 5 ILCS 80/4.39 new | | | 5 | | 225 ILCS 37/10 | | | 6 | | 225 ILCS 37/11 new | | | 7 | | 225 ILCS 37/18 | | | 8 | | 225 ILCS 37/19 | | | 9 | | 225 ILCS 37/31 | | | 10 | | 225 ILCS 37/35 | | | 11 | | 225 ILCS 37/60 | | | 12 | | 225 ILCS 37/65 | | | 13 | | 225 ILCS 37/70 | | | 14 | | 225 ILCS 37/75 | | | 15 | | 225 ILCS 37/80 | | | 16 | | 225 ILCS 37/85 | | | 17 | | 225 ILCS 37/90 | | | 18 | | 225 ILCS 37/95 | | | 19 | | 225 ILCS 37/100 | | | 20 | | 225 ILCS 37/105 | | | 21 | | 225 ILCS 37/115 | | | 22 | | 225 ILCS 37/123 new | | | 23 | | 225 ILCS 37/125 | | | 24 | | 225 ILCS 37/130 | | | 25 | | 225 ILCS 37/45 rep. | |
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