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Rep. William Davis
Filed: 5/20/2019
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1 | | AMENDMENT TO SENATE BILL 658
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2 | | AMENDMENT NO. ______. Amend Senate Bill 658, AS AMENDED, by |
3 | | replacing everything after the enacting clause with the |
4 | | following:
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5 | | "Section 5. The Regulatory Sunset Act is amended by |
6 | | changing Section 4.30 and by adding Section 4.40 as follows: |
7 | | (5 ILCS 80/4.30) |
8 | | Sec. 4.30. Acts repealed on January 1, 2020. The following |
9 | | Acts are repealed on January 1, 2020: |
10 | | The Auction License Act. |
11 | | The Community Association Manager Licensing and |
12 | | Disciplinary Act. |
13 | | The Illinois Architecture Practice Act of 1989. |
14 | | The Illinois Landscape Architecture Act of 1989. |
15 | | The Illinois Professional Land Surveyor Act of 1989. |
16 | | The Orthotics, Prosthetics, and Pedorthics Practice Act. |
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1 | | The Perfusionist Practice Act.
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2 | | The Pharmacy Practice Act. |
3 | | The Professional Engineering Practice Act of 1989. |
4 | | The Real Estate License Act of 2000. |
5 | | The Structural Engineering Practice Act of 1989. |
6 | | (Source: P.A. 100-497, eff. 9-8-17; 100-534, eff. 9-22-17; |
7 | | 100-863, eff. 8-14-18.) |
8 | | (5 ILCS 80/4.40 new) |
9 | | Sec. 4.40. Act repealed on January 1, 2030. The following |
10 | | Act is repealed on January 1, 2030: |
11 | | The Illinois Professional Land Surveyor Act of 1989. |
12 | | Section 10. The Illinois Professional Land Surveyor Act of |
13 | | 1989 is amended by changing Sections 4, 5, 6, 7, 8, 10, 11, 12, |
14 | | 13, 14, 15, 16, 17, 18, 18.5, 19, 20, 21, 25, 27, 28, 29, 30, |
15 | | 31, 33, 36, 38, 40, 41, 44, 45, 46, and 48 and by adding |
16 | | Sections 4.5, 15.5, and 19.5 as follows:
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17 | | (225 ILCS 330/4) (from Ch. 111, par. 3254)
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18 | | (Section scheduled to be repealed on January 1, 2020)
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19 | | Sec. 4. Definitions. As used in this Act:
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20 | | (a) "Department" means the Department of Financial and |
21 | | Professional Regulation.
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22 | | (b) "Secretary" means the Secretary of the Department of |
23 | | Financial and Professional Regulation.
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1 | | (c) "Board" means the Land Surveyors Licensing Board.
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2 | | (d) "Direct supervision and control" means the personal |
3 | | review by a
licensed professional land surveyor Licensed |
4 | | Professional Land Surveyor of each survey, including, but not
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5 | | limited to, procurement, research, field work, calculations, |
6 | | preparation of
legal descriptions and plats. The personal |
7 | | review shall be of such a
nature as to assure the client that |
8 | | the professional land surveyor Professional Land Surveyor or |
9 | | the
firm for which the professional land surveyor Professional |
10 | | Land Surveyor is employed is the provider
of the surveying |
11 | | services.
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12 | | (e) "Responsible charge" means an individual responsible |
13 | | for the various
components of the land survey operations |
14 | | subject to the overall supervision
and control of the |
15 | | professional land surveyor Professional Land Surveyor .
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16 | | (f) "Design professional" means a land surveyor, |
17 | | architect, structural
engineer, or professional engineer |
18 | | licensed in conformance
with this Act,
the Illinois |
19 | | Architecture Practice Act of 1989, the
Structural Engineering |
20 | | Practice Act of 1989, or the
Professional Engineering Practice |
21 | | Act of 1989.
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22 | | (g) "Professional land surveyor Land Surveyor " means any |
23 | | person licensed under the
laws of the State of Illinois to |
24 | | practice land surveying, as defined by
this Act or its rules.
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25 | | (h) "Surveyor intern Intern " means any person licensed |
26 | | under the laws
of the State of Illinois who has qualified for, |
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1 | | taken, and passed an
examination in the fundamental land |
2 | | surveying subjects as
provided by this Act or its rules.
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3 | | (i) "Land surveying experience" means those activities |
4 | | enumerated in
Section 5 of this Act, which, when exercised in |
5 | | combination, to the
satisfaction of the Board, is proof of an |
6 | | applicant's broad range of
training in and exposure to the |
7 | | prevailing practice of land surveying.
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8 | | (j) "Address of record" means the designated address |
9 | | recorded by the Department in the applicant's or licensee's |
10 | | application file or license file maintained by the Department's |
11 | | licensure maintenance unit. It is the duty of the applicant or |
12 | | licensee to inform the Department of any change of address, and |
13 | | such changes must be made either through the Department's |
14 | | website or by contacting the Department's licensure |
15 | | maintenance unit. |
16 | | (k) "Standard of care" means the use of the same degree of |
17 | | knowledge, skill, and ability as an ordinarily careful and |
18 | | reasonable professional land surveyor would exercise under |
19 | | similar circumstances. |
20 | | (l) "Establishing" means performing an original survey. An |
21 | | original survey establishes boundary lines within an original |
22 | | division of a tract of land which has theretofore existed as |
23 | | one unit or parcel and describing and monumenting a line or |
24 | | lines of a parcel or tract of land on the ground for the first |
25 | | time. An original surveyor is the creator of one or more new |
26 | | boundary lines. |
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1 | | (m) "Reestablishing" or "locating" means performing a |
2 | | retracement survey. A retracement survey tracks the footsteps |
3 | | of the original surveyor, locating boundary lines and corners |
4 | | which have been established by the original survey. A |
5 | | retracement survey cannot establish new corners or lines or |
6 | | correct errors of the original survey. |
7 | | (n) "Boundary law principles" means applying the |
8 | | decisions, results, and findings of land boundary cases that |
9 | | concern the establishment of boundary lines and corners. |
10 | | (o) "Email address of record" means the designated email |
11 | | address of record by the Department in the applicant's |
12 | | application file or the licensee's license file as maintained |
13 | | by the Department's licensure maintenance unit. |
14 | | (Source: P.A. 100-171, eff. 1-1-18 .)
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15 | | (225 ILCS 330/4.5 new) |
16 | | Sec. 4.5. Address of record; email address of record. All |
17 | | applicants and licensees shall: |
18 | | (1) provide a valid address and email address to the |
19 | | Department, which shall serve as the address of record and |
20 | | email address of record, respectively, at the time of |
21 | | application for licensure or renewal of a license; and |
22 | | (2) inform the Department of any change of address of |
23 | | record or email address of record within 14 days after such |
24 | | change either through the Department's website or by |
25 | | contacting the Department's licensure maintenance unit.
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1 | | (225 ILCS 330/5) (from Ch. 111, par. 3255)
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2 | | (Section scheduled to be repealed on January 1, 2020)
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3 | | Sec. 5. Practice of land surveying defined. Any person who |
4 | | practices in Illinois as a professional land surveyor who |
5 | | renders, offers to render, or holds himself or herself out as |
6 | | able to render, or perform any service, the adequate |
7 | | performance of which involves the special knowledge of the art |
8 | | and application of the principles of the accurate and precise |
9 | | measurement of length, angle, elevation or volume, |
10 | | mathematics, the related physical and applied sciences, and the |
11 | | relevant requirements of applicable boundary law principles |
12 | | and performed with the appropriate standard of care, all of |
13 | | which are acquired by education, training, experience, and |
14 | | examination. Any one or a combination
of the following |
15 | | practices constitutes the practice of land surveying:
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16 | | (a) Establishing or
reestablishing, locating, |
17 | | defining, and making or monumenting land
boundaries or |
18 | | title or real property lines and the platting of lands and |
19 | | subdivisions;
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20 | | (b) Determining the area or volume of
any portion of |
21 | | the earth's surface, subsurface, or airspace with respect |
22 | | to boundary lines,
determining the configuration or |
23 | | contours of any portion of the earth's
surface, subsurface, |
24 | | or airspace or the location of fixed objects thereon,
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25 | | except as performed by photogrammetric methods by persons |
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1 | | holding certification from the American Society of |
2 | | Photogrammetry and Remote Sensing or substantially similar |
3 | | certification as approved by the Department,
or except when |
4 | | the level of accuracy required is
less than the level of |
5 | | accuracy required by the National Society of Professional |
6 | | Surveyors Model Standards and Practice;
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7 | | (c) Preparing descriptions for the determination of |
8 | | title or real property rights to any
portion or volume of |
9 | | the earth's surface, subsurface, or airspace involving the
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10 | | lengths and direction of boundary lines, areas, parts of |
11 | | platted parcels or the
contours of the earth's surface, |
12 | | subsurface, or airspace;
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13 | | (d) Labeling, designating, naming, preparing, or |
14 | | otherwise identifying
legal lines or land title lines of |
15 | | the United States
Rectangular System
or any subdivision |
16 | | thereof on any plat, map, exhibit, photograph, |
17 | | photographic composite, or
mosaic or photogrammetric map |
18 | | of any portion of the earth's surface for the
purpose of |
19 | | recording and amending the same by the issuance of a |
20 | | certificate of correction in the Office of Recorder in any |
21 | | county;
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22 | | (e) Any act or combination of acts that would be
viewed |
23 | | as
offering
professional land surveying services |
24 | | including:
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25 | |
(1) setting monuments which have the appearance of |
26 | | or for the express
purpose of marking land boundaries, |
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1 | | either directly or as an accessory;
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2 | |
(2) providing any sketch, map, plat, report, |
3 | | monument record, or other
document which indicates |
4 | | land boundaries and monuments, or accessory
monuments |
5 | | thereto, except that if the sketch, map, plat, report, |
6 | | monument
record, or other document is a copy of an |
7 | | original prepared by a
professional land surveyor |
8 | | Professional Land Surveyor , and if proper reference to |
9 | | that fact be made on
that document;
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10 | | (3) performing topographic surveys, with the |
11 | | exception of a licensed professional engineer |
12 | | knowledgeable in topographical surveys who that |
13 | | performs a topographical survey specific to his or her |
14 | | design project. A licensed professional engineer may |
15 | | not, however, offer topographic surveying services |
16 | | that are independent of his or her specific design |
17 | | project; or |
18 | | (4) locating, relocating, establishing, |
19 | | reestablishing, retracing, laying out, or staking of |
20 | | the location, alignment, or elevation of any existing |
21 | | or proposed improvements whose location is dependent |
22 | | upon property, easement, and right-of-way boundaries; |
23 | | (5) providing consultation, investigation, |
24 | | planning, mapping, assembling, and authoritative |
25 | | interpretation of gathered measurements, documents, |
26 | | and evidence in relation to the location of property, |
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1 | | easement, and right-of-way boundaries; or |
2 | | (6) measuring, evaluating, mapping, or reporting |
3 | | the location of existing or proposed buildings, |
4 | | structures, or other improvements or their surrounding |
5 | | topography with respect to current flood insurance |
6 | | rate mapping or federal emergency management agency |
7 | | mapping along with locating of inland wetland |
8 | | boundaries delineated by a qualified specialist in |
9 | | relation to the location of property, easement, and |
10 | | right-of-way boundaries. |
11 | | (f) Determining the horizontal or vertical position or |
12 | | state plane coordinates for any monument or reference point |
13 | | that
marks a title or real property line, boundary, or |
14 | | corner, or to set, reset, or replace any
monument or |
15 | | reference point on any title or real property;
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16 | | (g) Creating, preparing, or modifying electronic or |
17 | | computerized data
or maps, including land information |
18 | | systems and geographic information systems, relative to |
19 | | the performance of activities in items (a), (b), (d), (e), |
20 | | (f), and (h) of this
Section, except where
electronic means |
21 | | or computerized data is otherwise utilized to integrate,
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22 | | display, represent, or assess the created, prepared, or |
23 | | modified data;
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24 | | (h) Determining or adjusting any control network or any |
25 | | geodetic control network or cadastral data as it
pertains |
26 | | to items (a) through (g) of this Section together with the |
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1 | | assignment of measured values to any United States |
2 | | Rectangular System corners, title or real property corner |
3 | | monuments or geodetic monuments;
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4 | | (i) Preparing and attesting to the accuracy of a map or |
5 | | plat showing the
land boundaries or lines and marks and |
6 | | monuments of the boundaries or of a map
or plat showing the |
7 | | boundaries of surface, subsurface, or air rights;
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8 | | (j) Executing and issuing certificates, endorsements, |
9 | | reports, or plats
that
portray the horizontal or vertical |
10 | | relationship between existing physical objects or |
11 | | structures and
one or more corners, datums, or boundaries |
12 | | of any portion of the earth's surface,
subsurface, or |
13 | | airspace;
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14 | | (k) Acting in direct supervision and control of land |
15 | | surveying activities or
acting as a manager in any place of |
16 | | business that solicits, performs, or
practices land |
17 | | surveying;
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18 | | (l) Boundary analysis and determination of property, |
19 | | easement, or right-of-way lines on any plat submitted for |
20 | | regulatory review by governmental or municipal agencies; |
21 | | (m) Offering or soliciting to perform any of the |
22 | | services set
forth in this
Section.
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23 | | In the performance of any of the foregoing functions, a |
24 | | licensee shall adhere to the standards of professional conduct |
25 | | enumerated in 68 Ill. Adm. Code 1270.57. Nothing contained in |
26 | | this Section imposes upon a person licensed under this Act the |
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1 | | responsibility for the performance of any of the foregoing |
2 | | functions unless such person specifically contracts to perform |
3 | | such functions. |
4 | | (Source: P.A. 100-171, eff. 1-1-18 .)
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5 | | (225 ILCS 330/6) (from Ch. 111, par. 3256)
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6 | | (Section scheduled to be repealed on January 1, 2020)
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7 | | Sec. 6. Powers and duties of the Department. (a) The |
8 | | Department shall exercise the powers and duties prescribed by |
9 | | The
Illinois Administrative Procedure Act for the |
10 | | administration of licensing Acts.
The Department shall also |
11 | | exercise, subject to the provisions of this Act, the
following |
12 | | functions, powers , and duties:
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13 | | (1) Authorize Conduct or authorize examinations to |
14 | | ascertain the fitness and
qualifications of applicants for |
15 | | licensure and pass upon the qualifications and fitness of |
16 | | applicants for licensure by endorsement issue licenses to |
17 | | those who
are found to be fit and qualified .
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18 | | (2) Adopt rules required for the administration of this |
19 | | Act Prescribe rules for a method of examination .
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20 | | (3) Conduct hearings on proceedings to refuse to issue |
21 | | or renew, revoke, or suspend licenses , or place on |
22 | | probation or reprimand persons or entities licensed under |
23 | | this Act or refuse to
issue, renew, or restore a license, |
24 | | or other disciplinary actions .
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25 | | (4) Adopt rules for what constitutes land surveying |
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1 | | experience Promulgate rules and regulations required for |
2 | | the administration of
this Act .
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3 | | (5) Adopt rules defining what constitutes an approved |
4 | | surveying or related science curriculum License |
5 | | corporations, partnerships, and all other business |
6 | | entities for the practice of
professional surveying and |
7 | | issue a license to those who qualify .
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8 | | (6) Issue licenses to those who meet the requirements |
9 | | of this Act Prescribe, adopt, and amend rules as to what |
10 | | shall constitute a
surveying or related science |
11 | | curriculum, determine if a specific
surveying curriculum |
12 | | is in compliance with the rules, and terminate the
approval |
13 | | of a specific surveying curriculum for non-compliance with |
14 | | such rules .
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15 | | (7) Maintain membership in the National Council of |
16 | | Engineering Examiners
or a similar organization and |
17 | | participate in activities of the Council or
organization by |
18 | | designating individuals
for the various classifications of |
19 | | membership and appoint
delegates for attendance at zone and |
20 | | national meetings of the Council or
organization.
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21 | | (8) Review application qualifications to sit for the |
22 | | examination or for licensure that the Board designates |
23 | | pursuant to Section 8 Obtain written recommendations from |
24 | | the Board regarding
qualification of individuals for |
25 | | licensing, definition of
curriculum content and approval |
26 | | of surveying curriculums, standards of
professional |
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1 | | conduct and disciplinary actions, promulgate and
amend the |
2 | | rules affecting these matters, and consult with the
Board |
3 | | on other matters affecting administration of the Act.
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4 | | (9) Adopt (a-5) The Department may promulgate rules for |
5 | | a Code of Ethics and
Standards
of Practice to be followed |
6 | | by persons licensed under this Act. The Department
shall |
7 | | consider the recommendations of the Board in establishing |
8 | | the Code of
Ethics and Standards of Practice.
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9 | | (10) Conduct investigations related to possible |
10 | | violations of this Act. |
11 | | (11) Post on the Department's website a newsletter |
12 | | describing the most recent changes to this Act and the |
13 | | rules adopted under this Act and containing information of |
14 | | any final disciplinary action that has been ordered under |
15 | | this Act since the date of the last newsletter. |
16 | | Upon the issuance of any final decision or order that |
17 | | deviates from any report or recommendation of the Board |
18 | | relating to the qualification of applicants, discipline of |
19 | | licensees or registrants, or adoption of rules, the Secretary |
20 | | shall notify the Board on any such deviation and shall specify |
21 | | with particularity the reason for the action in the final |
22 | | decision or order. |
23 | | (b) The Department shall consult with the Board in |
24 | | promulgating rules.
Notice of proposed rulemaking shall be |
25 | | transmitted to the Board and the
Department shall review the |
26 | | Board's response and recommendations.
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1 | | (c) The Department shall review the Board's recommendation |
2 | | of the
applicants' qualifications. The Secretary shall notify |
3 | | the Board in writing
with an explanation of any deviation from |
4 | | the Board's recommendation.
After review of the Secretary's |
5 | | explanation of his or her reasons
for
deviation, the Board |
6 | | shall have the opportunity to comment upon the Secretary's
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7 | | decision.
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8 | | Whenever the Secretary is not satisfied that substantial |
9 | | justice has been
done in the revocation or suspension of a |
10 | | license or other disciplinary
action, the Secretary may order |
11 | | re-hearing by the same or other boards.
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12 | | (Source: P.A. 96-626, eff. 8-24-09.)
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13 | | (225 ILCS 330/7) (from Ch. 111, par. 3257)
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14 | | (Section scheduled to be repealed on January 1, 2020)
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15 | | Sec. 7. Creation of the Board; Composition and |
16 | | qualifications and terms
of the Board. |
17 | | (a) The Secretary shall appoint a Professional Land |
18 | | Surveyor Board. The Board shall be appointed by the Secretary |
19 | | and shall
consist of 7 members who shall serve in an advisory |
20 | | capacity to the Secretary , one of whom shall be a public |
21 | | member and 6 of whom
shall be Professional Land Surveyors . All |
22 | | The members shall be
residents of Illinois. Six members Each |
23 | | Professional Land Surveyor member shall (i) (a)
currently hold |
24 | | a valid professional land surveyor Professional Land Surveyor |
25 | | license in Illinois and
shall have held the license under this |
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1 | | Act or its predecessor for the
preceding previous 10 years year |
2 | | period , and (ii) shall not (b) have not been disciplined
within |
3 | | the preceding last 10 years year period under this Act or its |
4 | | predecessor .
In addition to the 6 professional land surveyors, |
5 | | there shall be one public member. The public member
shall be a |
6 | | voting member and shall not be licensed under this Act or any |
7 | | other design profession licensing Act that the Department |
8 | | administers.
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9 | | (b) Board members Members shall be appointed who reasonably
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10 | | represent the different geographic areas of Illinois and shall |
11 | | serve for 5-year 5
year terms , and until
their successors are |
12 | | qualified and appointed. |
13 | | (c) In appointing members to the Board, the Secretary shall |
14 | | give due consideration to recommendations by members and |
15 | | organizations of the professional land surveyor profession. |
16 | | (d) The membership of the Board should reasonably reflect |
17 | | representation from the geographic areas in this State. |
18 | | (e) No member shall be reappointed to the Board for a term |
19 | | that would cause his or her continuous service on the Board to |
20 | | be longer than 2 consecutive 5-year terms. |
21 | | (f) Appointments to fill vacancies shall be made in the |
22 | | same manner as original appointments for the unexpired portion |
23 | | of the vacated term. |
24 | | (g) Four members shall constitute a quorum. A quorum is |
25 | | required for Board decisions. |
26 | | (h) The Secretary may remove any member of the Board for |
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1 | | misconduct, incompetence, or neglect of duty or for reasons |
2 | | prescribed by law for removal of State officials. The Secretary |
3 | | may remove a member of the Board who does not attend 2 |
4 | | consecutive meetings. |
5 | | (i) Notice of proposed rulemaking shall be transmitted to |
6 | | the Board and the Department shall review the response of the |
7 | | Board and any recommendations made therein. |
8 | | (j) Members of the Board shall not be liable for damages in |
9 | | any action or proceeding as a result of activities performed as |
10 | | members of the Board, except upon proof of actual malice. |
11 | | (k) Members of the Board shall be reimbursed for all |
12 | | legitimate, necessary, and authorized expenses. |
13 | | A member shall not be
eligible for appointment to more than 10 |
14 | | years in a lifetime.
Appointments to fill vacancies shall be |
15 | | made for the unexpired portion of the term.
Board members |
16 | | currently appointed under this Act and
in office
on the |
17 | | effective date of this Act shall continue to hold office until
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18 | | their terms expire and they are replaced.
All appointments |
19 | | shall
be made on the basis of individual professional |
20 | | qualifications with the
exception of the public member and |
21 | | shall not be based upon race, sex, or
religious or political |
22 | | affiliations.
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23 | | Each member of the Board may receive compensation when |
24 | | attending to the
work of the Board or any of its committees and |
25 | | for time spent in necessary
travel. In addition, members shall |
26 | | be reimbursed for actual traveling,
incidentals, and expenses |
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1 | | necessarily incurred in carrying out their duties
as members of |
2 | | the Board.
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3 | | The Secretary may consider the advice and recommendations |
4 | | of the Board
on issues involving standards of professional |
5 | | conduct, discipline, and
qualifications of the candidates and |
6 | | licensees under this Act.
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7 | | The Secretary shall give due consideration to a
current |
8 | | list of candidates, as submitted by
members of the land |
9 | | surveying profession and by affiliated organizations.
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10 | | Members of the Board shall be immune from suit in any |
11 | | action based upon
any disciplinary proceedings or other |
12 | | activities performed in good faith as
members of the Board.
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13 | | The Secretary may remove any member of the Board for |
14 | | misconduct,
incompetence, neglect of duty, or for any reason |
15 | | prescribed by law for removal
of State Officials or for not |
16 | | attending 2 consecutive Board meetings.
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17 | | (Source: P.A. 96-626, eff. 8-24-09.)
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18 | | (225 ILCS 330/8) (from Ch. 111, par. 3258)
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19 | | (Section scheduled to be repealed on January 1, 2020)
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20 | | Sec. 8. Powers and duties of the Board ; quorum . Subject to |
21 | | the
provisions
of this Act, the Board shall exercise the |
22 | | following functions, powers, and
duties:
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23 | | (a) The Board shall hold at least 3 regular meetings |
24 | | each year. Review applicant qualifications to sit for
the |
25 | | examination or for licensure and shall make |
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1 | | recommendations to the
Department except for those |
2 | | applicant qualifications that the Board designates as |
3 | | routinely acceptable;
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4 | | (b) The Board shall annually elect a chairperson and a |
5 | | vice chairperson who shall be Illinois licensed |
6 | | professional land surveyors. Conduct hearings regarding |
7 | | disciplinary actions and submit a written
report to the |
8 | | Secretary as required by this Act and provide a Board
|
9 | | member at informal conferences;
|
10 | | (c) The Board, upon request by the Department, may make |
11 | | a curriculum evaluation to approve a land surveying degree |
12 | | or a related science degree and submit to the Secretary a |
13 | | written recommendation of acceptability of a curriculum. |
14 | | Visit universities or colleges to evaluate surveying
|
15 | | curricula and submit to the Secretary a written |
16 | | recommendation of
acceptability of the curriculum;
|
17 | | (d) (Blank). Submit a written recommendation to the |
18 | | Secretary concerning
promulgation or amendment of rules |
19 | | for the administration of this Act;
|
20 | | (e) The Department may at any time seek the expert |
21 | | advice and knowledge of
the Board on any matter relating to |
22 | | the enforcement of this Act . ;
|
23 | | (f) The Board may appoint a subcommittee to serve as a |
24 | | Complaint Committee
to recommend the disposition of case |
25 | | files according to procedures established
by rule . ;
|
26 | | (g) The Board shall assist the Department in conducting |
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1 | | oral interviews, disciplinary conferences, informal |
2 | | conferences, and formal evidentiary hearings. |
3 | | (h) The Board shall review applicant qualifications to |
4 | | sit for the examination for licensure and shall make |
5 | | recommendations to the Department except for those |
6 | | applicant qualifications that the Board designates as |
7 | | routinely acceptable. |
8 | | (g) Hold at least 3 regular meetings each year; and
|
9 | | (h) The Board shall annually elect a Chairperson and a Vice |
10 | | Chairperson
who shall be licensed
Illinois Professional Land |
11 | | Surveyors.
|
12 | | A quorum of the Board shall consist of 4 members. A quorum |
13 | | is required for all Board decisions. |
14 | | Subject to the provisions of this Act, the Board may |
15 | | exercise the following duties as deemed necessary by the |
16 | | Department: (i) review education and experience qualifications |
17 | | of applicants, including conducting oral interviews; (ii) |
18 | | determine eligibility as a Professional Land Surveyor or |
19 | | Surveyor Intern; and (iii) submit to the Secretary |
20 | | recommendations on applicant qualifications for enrollment and |
21 | | licensure.
|
22 | | (Source: P.A. 100-171, eff. 1-1-18 .)
|
23 | | (225 ILCS 330/10) (from Ch. 111, par. 3260)
|
24 | | (Section scheduled to be repealed on January 1, 2020)
|
25 | | Sec. 10. Application for licensure original license . |
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1 | | (a) Applications for original licenses shall be made to the |
2 | | Department in writing on forms or electronically as prescribed |
3 | | by the Department and shall be accompanied by the required fee, |
4 | | which shall not be refundable. All applications shall contain |
5 | | information that, in the judgment of the Department, will |
6 | | enable the Department to pass on the qualifications of the |
7 | | applicant for a license as a professional land surveyor or |
8 | | surveyor intern. The Department may require an applicant, at |
9 | | the applicant's expense, to have an evaluation of the |
10 | | applicant's education in a foreign country by a nationally |
11 | | recognized evaluation service approved by the Department in |
12 | | accordance with rules adopted by the Department. |
13 | | (b) Applicants have 3 years from the date of application to |
14 | | complete the application process. If the process has not been |
15 | | completed in 3 years, the application shall be denied, the fee |
16 | | shall be forfeited, and the applicant must reapply and meet the |
17 | | requirements in effect at the time of reapplication. |
18 | | Every person who desires
to obtain a license shall apply to the |
19 | | Department in writing, upon forms
prepared and furnished by the |
20 | | Department. Each application shall contain
statements made |
21 | | under oath, showing the applicant's education, a
detailed |
22 | | summary of his or her land surveying experience, and
|
23 | | verification of the
applicant's land surveying experience by |
24 | | the applicant's supervisor who shall
be a land
surveyor |
25 | | licensed in this State or any other state or territory of the |
26 | | U.S. where experience is similar and
who
shall
certify the |
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1 | | applicant's experience, and
the application shall be |
2 | | accompanied with the required fee.
The Department may require |
3 | | an applicant, at the applicant's expense, to have
an evaluation |
4 | | of the applicant's education in a foreign country by an |
5 | | evaluating service approved by the Department in accordance |
6 | | with rules prescribed by the Department.
|
7 | | An applicant who graduated from a land surveying program |
8 | | outside the United
States or its territories and whose first |
9 | | language is not English shall submit
certification of passage |
10 | | of the Test of English as a Foreign Language (TOEFL)
and a test |
11 | | of spoken English as defined by rule.
|
12 | | (Source: P.A. 96-626, eff. 8-24-09.)
|
13 | | (225 ILCS 330/11) (from Ch. 111, par. 3261)
|
14 | | (Section scheduled to be repealed on January 1, 2020)
|
15 | | Sec. 11. Examination ; failure or refusal to take . |
16 | | (a) The Department shall authorize examinations of |
17 | | applicants for a license under this Act at such times and |
18 | | places as it may determine by rule. The examinations shall be |
19 | | of a character to give a fair test of the qualifications of the |
20 | | applicant to practice as a professional land surveyor or |
21 | | surveyor intern. |
22 | | (b) Applicants for examination are required to pay, either |
23 | | to the Department or the designated testing service, a fee |
24 | | covering the cost of providing the examination. Failure to |
25 | | appear for the examination on the scheduled date, at the time |
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1 | | and place specified, after the applicant's application for |
2 | | examination has been received and acknowledged by the |
3 | | Department or the designated testing service, shall result in |
4 | | the forfeiture of the examination fee. |
5 | | (c) If an applicant fails to pass an examination for |
6 | | licensure under this Act within 3 years after filing the |
7 | | application, the application shall be denied. However, such |
8 | | applicant may thereafter make a new application for examination |
9 | | accompanied by the required fee and must furnish proof of |
10 | | meeting the qualifications for examination in effect at the |
11 | | time of new application. |
12 | | (d) All applicants for licensing as a professional land |
13 | | surveyor shall be required to pass a jurisdictional examination |
14 | | to determine the applicant's knowledge of the surveying tasks |
15 | | unique to the State of Illinois and the laws relating thereto. |
16 | | The Department
shall authorize examinations, as recommended |
17 | | and approved by the Board, for
licensure as Surveyor Interns |
18 | | and Professional Land Surveyors at such times and
places as it |
19 | | may determine.
|
20 | | The examination of an applicant for licensure as a Surveyor |
21 | | Intern or a Professional Land Surveyor may
include examinations |
22 | | as defined by rule.
The substance and form of the
examination |
23 | | shall be as recommended and approved by the Board. Each
|
24 | | applicant shall be examined as to his knowledge of the statutes |
25 | | of the
United States of America and the State of Illinois |
26 | | relating to the practice
of land surveying and mathematics as |
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1 | | applied to land surveying.
|
2 | | All applicants for licensing as a Professional Land |
3 | | Surveyor shall be
required to pass, as a portion of the |
4 | | examination, a jurisdictional
examination to determine the |
5 | | applicant's knowledge of the surveying tasks
unique to the |
6 | | State of Illinois, and the laws relating thereto.
|
7 | | Applicants for any examination shall be required to pay, |
8 | | either to the
Department or the designated testing service, a |
9 | | fee covering the cost of
providing the examination. Failure to |
10 | | appear for the examination on the
scheduled date, at the time |
11 | | and place specified, after the applicant's
application for |
12 | | examination has been received and acknowledged by the
|
13 | | Department or the designated testing service, shall result in |
14 | | the
forfeiture of the examination fee. If an applicant |
15 | | neglects, fails, or
refuses to take an examination for |
16 | | registration under this Act within 3
years after filing his |
17 | | application, the application fee shall be forfeited
to the |
18 | | Department and the application denied. However, the applicant |
19 | | may
thereafter make a new application for examination, |
20 | | accompanied by the required fee.
|
21 | | (Source: P.A. 100-171, eff. 1-1-18 .)
|
22 | | (225 ILCS 330/12) (from Ch. 111, par. 3262)
|
23 | | (Section scheduled to be repealed on January 1, 2020)
|
24 | | Sec. 12. Qualifications for licensing.
|
25 | | (a) A person is qualified to
receive a license as a |
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1 | | professional land surveyor Professional Land Surveyor and the |
2 | | Department shall
issue a license to a person:
|
3 | | (1) who has applied in writing in the required form to |
4 | | the
Department or electronically ;
|
5 | | (2) (blank);
|
6 | | (2) (2.5) who has not violated any provision of this |
7 | | Act or its rules; |
8 | | (3) who is of good ethical character, including |
9 | | compliance with the Code of Ethics and Standards of |
10 | | Practice adopted promulgated by rule under pursuant to this |
11 | | Act, and has not committed an act or offense in any |
12 | | jurisdiction that would constitute grounds for discipline |
13 | | of a land surveyor licensed under this Act;
|
14 | | (4) who has been issued a license as a surveyor intern |
15 | | Surveyor Intern ;
|
16 | | (5) who, subsequent to passing the examination |
17 | | authorized by the Department for licensure as a surveyor |
18 | | intern Surveyor Intern , has at least 4 years of responsible |
19 | | charge experience
verified by a professional land surveyor |
20 | | in direct supervision and control of
his or her activities;
|
21 | | (6) who has passed an examination authorized by the |
22 | | Department
to
determine his or her fitness to receive a |
23 | | license as a professional land surveyor Professional Land |
24 | | Surveyor ; and |
25 | | (7) who satisfies one of the following educational |
26 | | requirements: |
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1 | | (A) is a graduate of an approved land surveying |
2 | | curriculum of at least 4 years who has passed an |
3 | | examination in the fundamentals of surveying, as |
4 | | defined by rule; or |
5 | | (B) is a graduate of a baccalaureate curriculum of |
6 | | at least 4 years, including at least 24 semester hours |
7 | | of land surveying courses from an approved land |
8 | | surveying curriculum and the related science courses, |
9 | | who has passed an examination in the fundamentals of |
10 | | surveying, as defined by rule.
|
11 | | (b) A person is qualified to receive a license as a |
12 | | surveyor intern Surveyor Intern and the Department shall issue |
13 | | a license to a person:
|
14 | | (1) who has applied in writing in the required form |
15 | | provided by the
Department or electronically ;
|
16 | | (2) (blank);
|
17 | | (3) who is of good moral character;
|
18 | | (4) who has the required education as set forth in this |
19 | | Act; and
|
20 | | (5) who has passed an examination authorized by the |
21 | | Department
to
determine his or her fitness to receive a |
22 | | license as a surveyor intern Surveyor Intern in accordance |
23 | | with this Act.
|
24 | | In determining moral character under
this Section, the |
25 | | Department may take into consideration whether the
applicant |
26 | | has engaged in conduct or actions that would constitute grounds |
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1 | | for
discipline under this Act.
|
2 | | (Source: P.A. 100-171, eff. 1-1-18 .)
|
3 | | (225 ILCS 330/13) (from Ch. 111, par. 3263)
|
4 | | (Section scheduled to be repealed on January 1, 2020)
|
5 | | Sec. 13. Minimum standards for enrollment as a surveyor |
6 | | intern Surveyor Intern . To enroll as a surveyor intern Surveyor |
7 | | Intern , an applicant must be: |
8 | | (1) a graduate of an approved land surveying curriculum |
9 | | of at least 4 years who has passed an examination in the |
10 | | fundamentals of surveying, as defined by rule; |
11 | | (2) an applicant in the last year of an approved land |
12 | | surveying or related science curriculum who passes an |
13 | | examination in the fundamentals of surveying, as defined by |
14 | | rule, and furnishes proof that the applicant graduated |
15 | | within a 12-month period following the examination; or |
16 | | (3) a graduate of a baccalaureate curriculum of at |
17 | | least 4 years, including at least 24 semester hours of land |
18 | | surveying courses from an approved land surveying |
19 | | curriculum and the related science courses, as defined by |
20 | | rule, who passes an examination in the fundamentals of |
21 | | surveying, as defined by rule.
|
22 | | (Source: P.A. 100-171, eff. 1-1-18; 100-863, eff. 8-14-18.)
|
23 | | (225 ILCS 330/14) (from Ch. 111, par. 3264)
|
24 | | (Section scheduled to be repealed on January 1, 2020)
|
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1 | | Sec. 14. Display of license License to be displayed . Every |
2 | | holder of a license under this Act as a
Professional Land |
3 | | Surveyor or Surveyor Intern shall
display the license it in
a |
4 | | conspicuous place location in his or her office,
place of |
5 | | business, or place of
employment.
|
6 | | (Source: P.A. 100-171, eff. 1-1-18 .)
|
7 | | (225 ILCS 330/15) (from Ch. 111, par. 3265)
|
8 | | (Section scheduled to be repealed on January 1, 2020)
|
9 | | Sec. 15. Seal. Every professional land surveyor |
10 | | Professional Land Surveyor shall have a
reproducible seal or |
11 | | facsimile , which may be computer generated, the
impression of |
12 | | which
shall contain the name of the land surveyor, his or her |
13 | | place of business,
the license
number , of the professional land |
14 | | surveyor Professional Land Surveyor , and the words |
15 | | "Professional Land
Surveyor, State of Illinois". A
|
16 | | professional land surveyor Professional Land Surveyor shall |
17 | | seal all documents prepared by or
under the direct supervision |
18 | | and control of the professional land surveyor Professional Land |
19 | | Surveyor .
Any seal authorized or approved by the Department |
20 | | under the Illinois Land
Surveyors Act shall serve the same |
21 | | purpose as the seal provided for by this
Act. The
licensee's |
22 | | written signature and date of signing along with the date of |
23 | | license
expiration shall be placed adjacent to the seal. The |
24 | | licensee may provide, at his or her sole discretion, an |
25 | | original signature in the licensee's handwriting, a scanned |
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1 | | copy of the document bearing an original signature, or a |
2 | | signature generated by a computer. |
3 | | It is unlawful to affix one's seal to documents if it masks |
4 | | the true identity of the person who actually exercised |
5 | | direction, control, and supervision of the preparation of that |
6 | | work. A professional land surveyor Professional Land Surveyor |
7 | | who seals and signs documents is not responsible for damage |
8 | | caused by subsequent changes to or uses of those documents |
9 | | where the subsequent changes or uses, including changes or uses |
10 | | made by State or local governmental agencies, are not |
11 | | authorized or approved by the professional land surveyor |
12 | | Professional Land Surveyor who originally sealed and signed the |
13 | | documents.
|
14 | | (Source: P.A. 98-289, eff. 1-1-14.)
|
15 | | (225 ILCS 330/15.5 new) |
16 | | Sec. 15.5. Titles. |
17 | | (a) A professional land surveyor may use the initials |
18 | | "P.L.S." and "L.S." and the title of "Professional Land |
19 | | Surveyor" or any of its derivations in Illinois. |
20 | | (b) A surveyor intern may use the initials "S.I." and the |
21 | | title of "Surveyor Intern" or any of its derivations in |
22 | | Illinois.
|
23 | | (225 ILCS 330/16) (from Ch. 111, par. 3266)
|
24 | | (Section scheduled to be repealed on January 1, 2020)
|
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1 | | Sec. 16. Unlicensed practice; violation; civil penalty |
2 | | Unlawful to practice without license or registration . |
3 | | (a) Any person who practices, offers to practice, attempts |
4 | | to practice, or holds himself or herself out to practice as a |
5 | | professional land surveyor or surveyor intern without being |
6 | | licensed or exempt under this Act shall, in addition to any |
7 | | other penalty provided by law, pay a civil penalty to the |
8 | | Department in an amount not to exceed $10,000 for each offense, |
9 | | as determined by the Department. The civil penalty shall be |
10 | | assessed by the Department after a hearing is held in |
11 | | accordance with this Act regarding the provision of a hearing |
12 | | for the discipline of a licensee. |
13 | | (b) A firm or business that offers design services under |
14 | | this Act without being licensed as a professional design firm |
15 | | or exempt under this Act shall, in addition to any other |
16 | | penalty provided by law, pay a civil penalty to the Department |
17 | | in an amount not to exceed $10,000 for each offense, as |
18 | | determined by the Department. The civil penalty shall be |
19 | | assessed by the Department after a hearing is held in |
20 | | accordance with this Act regarding the provision of a hearing |
21 | | for the discipline of a licensee. |
22 | | (c) The Department may investigate any actual, alleged, or |
23 | | suspected unlicensed activity. |
24 | | (d) The civil penalty shall be paid within 60 days after |
25 | | the effective date of the order imposing the civil penalty. The |
26 | | order shall constitute a final judgment and may be filed and |
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1 | | executed in the same manner as any judgment from any court of |
2 | | record. |
3 | | (e) A person or entity not registered under this Act who |
4 | | has violated any provision of this Act or its rules is guilty |
5 | | of a Class A misdemeanor for the first offense and a Class 4 |
6 | | felony for a second and subsequent offense. |
7 | | It is
unlawful for any person, sole proprietorship, |
8 | | professional service corporation,
corporation, partnership, |
9 | | limited liability company, or other entity to
practice land |
10 | | surveying, or advertise or display any sign, card or other |
11 | | device
which might indicate to the public that the person or |
12 | | entity is entitled to
practice as a land surveyor, or use the |
13 | | initials "P.L.S.", "L.S.", or "S.I.",
use the title |
14 | | "Professional Land Surveyor" or "Surveyor Intern" or
any of |
15 | | their derivations, unless such person holds a valid active |
16 | | license as a
Professional Land Surveyor or Surveyor Intern in |
17 | | the State of
Illinois, or such professional service |
18 | | corporation, corporation, partnership,
sole proprietorship, |
19 | | limited liability company, or other entity is in
compliance |
20 | | with this Act.
|
21 | | (Source: P.A. 100-171, eff. 1-1-18 .)
|
22 | | (225 ILCS 330/17) (from Ch. 111, par. 3267)
|
23 | | (Section scheduled to be repealed on January 1, 2020)
|
24 | | Sec. 17. Surveyor intern Intern ; supervision. It is
|
25 | | unlawful for any surveyor intern Surveyor Intern licensed under |
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1 | | this Act to
practice or attempt to practice land surveying
|
2 | | except when in responsible charge under the overall supervision |
3 | | of a professional land surveyor Professional Land Surveyor .
|
4 | | (Source: P.A. 100-171, eff. 1-1-18 .)
|
5 | | (225 ILCS 330/18) (from Ch. 111, par. 3268)
|
6 | | (Section scheduled to be repealed on January 1, 2020)
|
7 | | Sec. 18. Renewal, reinstatement , or restoration of |
8 | | license; persons Persons
in military service. |
9 | | (a) The expiration date and renewal period for each
license |
10 | | as a professional land surveyor Professional Land Surveyor |
11 | | issued under this Act shall be set
by rule. The holder of a |
12 | | license may renew such license during the month
preceding the |
13 | | expiration date by paying the required fee.
|
14 | | (b) A professional land surveyor who has permitted his or |
15 | | her license to expire or has had his or her license placed on |
16 | | inactive status may have his or her license restored by making |
17 | | application to the Department and filing proof acceptable to |
18 | | the Department of his or her fitness to have his or her license |
19 | | restored, including, but not limited to, sworn evidence |
20 | | certifying to active practice in another jurisdiction |
21 | | satisfactory to the Department and by paying the required fee |
22 | | as determined by rule Any Professional Land Surveyor whose |
23 | | license has been inactive for less
than 5 years is required to |
24 | | pay the current renewal fee and shall have his
or her license |
25 | | restored .
|
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1 | | (c) A professional land surveyor whose license has expired |
2 | | while engaged (1) in federal service on active duty with the |
3 | | Armed Forces of the United States or the State Militia called |
4 | | into service or training, or (2) in training or education under |
5 | | the supervision of the United States before induction into the |
6 | | military service, may have the license restored or reinstated |
7 | | without paying any lapsed reinstatement, renewal, or |
8 | | restoration fees if within 2 years after termination other than |
9 | | by dishonorable discharge of such service, training, or |
10 | | education the Department is furnished with satisfactory |
11 | | evidence that the licensee has been so engaged in the practice |
12 | | of land surveying and that such service, training, or education |
13 | | has so terminated. A Professional Land Surveyor whose license |
14 | | has been expired for more than
5 years may have the
license |
15 | | restored by making application to the Department and filing |
16 | | proof
acceptable to the Department of fitness to have the |
17 | | license restored,
including, but not limited to, sworn evidence |
18 | | certifying to active practice in another
jurisdiction and |
19 | | payment of the required renewal,
reinstatement or restoration |
20 | | fee. However, any Professional Land Surveyor whose license |
21 | | expired while
engaged (a) in federal service on active duty |
22 | | with the armed forces of
the United States, or the State |
23 | | Militia called into active service or
training, or (b) in |
24 | | training or education under the supervision of the
United |
25 | | States preliminary to induction into the military service, may |
26 | | have
a license renewed without paying any lapsed reinstatement |
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1 | | or restoration
fees upon passing an oral examination by the |
2 | | Board, or without taking any
examination, if approved by the |
3 | | Board, if, within 2 years after the
termination other than by |
4 | | dishonorable discharge of such service, training, or |
5 | | education,
the licensee furnishes the Department with an |
6 | | affidavit to
the effect the licensee was so engaged and that |
7 | | the service, training, or education
has so terminated.
|
8 | | (d) A license for a surveyor intern Surveyor Intern does |
9 | | not expire.
|
10 | | (Source: P.A. 100-171, eff. 1-1-18 .)
|
11 | | (225 ILCS 330/18.5)
|
12 | | (Section scheduled to be repealed on January 1, 2020)
|
13 | | Sec. 18.5. Continuing education. The Department may adopt |
14 | | promulgate rules of
continuing education for persons licensed |
15 | | under this Act. The Department shall
consider the |
16 | | recommendations of the Board in establishing the guidelines for
|
17 | | the continuing education requirements. The requirements of |
18 | | this Section apply
to any person seeking renewal or restoration |
19 | | under Section 18 or 19 of this
Act. For the purposes of this |
20 | | Act, continuing education shall also be known as professional |
21 | | development.
|
22 | | (Source: P.A. 91-132, eff. 1-1-00 .)
|
23 | | (225 ILCS 330/19) (from Ch. 111, par. 3269)
|
24 | | (Section scheduled to be repealed on January 1, 2020)
|
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1 | | Sec. 19. Inactive status ; Restoration . Any person who |
2 | | notifies the Department, in writing on forms prescribed by the
|
3 | | Department, may place his or her license on an inactive status |
4 | | and
shall be excused from the payment of
renewal fees until he |
5 | | or she notifies the Department in writing of the
intention to |
6 | | resume active status.
|
7 | | Any Professional Land Surveyor requesting restoration from |
8 | | inactive
status is required to pay the current renewal
fee and |
9 | | shall have his or her license restored. A Professional Land |
10 | | Surveyor whose license has been on inactive status for more |
11 | | than 5 years
may have the license restored by making |
12 | | application to the Department and
filing proof acceptable to |
13 | | the Board of fitness to have the license
restored, including, |
14 | | but not limited to, sworn evidence certifying to
active |
15 | | practice in another jurisdiction and payment of the required
|
16 | | renewal, reinstatement or restoration fee.
|
17 | | Any professional land surveyor Professional Land Surveyor |
18 | | whose license is in an inactive status
shall not practice land |
19 | | surveying in the State of Illinois.
|
20 | | (Source: P.A. 96-626, eff. 8-24-09.)
|
21 | | (225 ILCS 330/19.5 new) |
22 | | Sec. 19.5. Professional Land Surveyor, Retired. |
23 | | (a) Pursuant to Section 2105-15 of the Department of |
24 | | Professional Regulation Law of the Civil Administrative Code of |
25 | | Illinois, the Department may grant the title "Professional Land |
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1 | | Surveyor, Retired", which may be used by any person who has |
2 | | been duly licensed as a professional land surveyor under this |
3 | | Act and who has chosen to place his or her license on inactive |
4 | | status or not renew his or her license. Those persons granted |
5 | | the title "Professional Land Surveyor, Retired" may request |
6 | | restoration to active status under the applicable provisions of |
7 | | this Act. |
8 | | (b) The use of the title "Professional Land Surveyor, |
9 | | Retired" shall not constitute representation of current |
10 | | licensure. Any person without an active license shall not be |
11 | | permitted to practice professional land surveying as defined in |
12 | | this Act. |
13 | | (c) Nothing in this Section shall be construed to require |
14 | | the Department to issue any certificate, credential, or other |
15 | | official document indicating that a person has been granted the |
16 | | title "Professional Land Surveyor, Retired".
|
17 | | (225 ILCS 330/20) (from Ch. 111, par. 3270)
|
18 | | (Section scheduled to be repealed on January 1, 2020)
|
19 | | Sec. 20. Endorsement. Upon payment of the required fee, an |
20 | | applicant
who is a Professional Land Surveyor, licensed or |
21 | | otherwise legally recognized
as a Land Surveyor under the laws |
22 | | of another state or territory of the United
States may be |
23 | | granted a license as an Illinois Professional Land Surveyor
by |
24 | | the Department with approval of the Board upon the following |
25 | | conditions:
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1 | | (a) The Department may, upon application in writing on |
2 | | forms or electronically accompanied by the required fee, issue |
3 | | a license as a professional land surveyor to an applicant |
4 | | licensed under the laws of another state, the District of |
5 | | Columbia, or a U.S. territory if the requirements for licensure |
6 | | in that jurisdiction were, on the date of original licensure, |
7 | | substantially equivalent to the requirements then in force in |
8 | | this State. That the applicant meets the requirements for |
9 | | licensing in this
State, and that the requirements for |
10 | | licensing or other legal recognition
of Land Surveyors in the |
11 | | particular state or territory were,
at the date of issuance of |
12 | | the license or certificate, equivalent to the
requirements then |
13 | | in effect in the State of Illinois; and
|
14 | | (b) All applicants for endorsement shall pass That the |
15 | | applicant passes a jurisdictional examination to determine
the
|
16 | | applicant's knowledge of the surveying tasks unique to the |
17 | | State of
Illinois and the laws pertaining thereto.
|
18 | | (c) If the accuracy of any submitted documentation or |
19 | | relevance or sufficiency of the course work or experience is |
20 | | questioned by the Department or the Board because of a lack of |
21 | | information, discrepancies, or conflicts in information given |
22 | | or a need for clarification, the applicant seeking licensure |
23 | | may be required to provide additional information. |
24 | | (d) Applicants have 3 years from the date of application to |
25 | | complete the application process. If the process has not been |
26 | | completed in 3 years, the application shall be denied, the fee |
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1 | | shall be forfeited, and the applicant must reapply and meet the |
2 | | requirements in effect at the time of reapplication. |
3 | | (Source: P.A. 93-467, eff. 1-1-04 .)
|
4 | | (225 ILCS 330/21) (from Ch. 111, par. 3271)
|
5 | | (Section scheduled to be repealed on January 1, 2020)
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6 | | Sec. 21. Fees.
|
7 | | (a) The Department shall provide by rule for a schedule of |
8 | | fees to be paid
for licenses by all applicants. All fees are |
9 | | not refundable.
|
10 | | (b) The fees for the administration and enforcement of this |
11 | | the Act, including ,
but not limited to , original licensure, |
12 | | renewal, and restoration, shall be set
by
rule by the |
13 | | Department.
|
14 | | (c) All fees and fines collected as authorized under this |
15 | | Act shall be deposited into in the Design
Professionals |
16 | | Administration and Investigation Fund. Of the moneys deposited
|
17 | | into the Design Professionals Administration and Investigation |
18 | | Fund, the
Department may use such funds as necessary to produce |
19 | | and distribute
newsletters to persons licensed under this Act.
|
20 | | (Source: P.A. 91-132, eff. 1-1-00 .)
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21 | | (225 ILCS 330/25) (from Ch. 111, par. 3275)
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22 | | (Section scheduled to be repealed on January 1, 2020)
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23 | | Sec. 25. Professional design firm registration.
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24 | | (a) Nothing in this Act shall prohibit the formation, under |
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1 | | the provisions
of the Professional Service Corporation Act, of |
2 | | a corporation to
offer the practice of professional land |
3 | | surveying.
|
4 | | Any business, including a professional service corporation |
5 | | Professional Service Corporation , that includes
within its |
6 | | stated purposes or practices, or holds itself out as available |
7 | | to
practice, professional land surveying shall be registered |
8 | | with the Department
pursuant to the provisions set forth in |
9 | | this Section.
|
10 | | Any sole proprietorship not owned and operated by an |
11 | | Illinois licensed design
professional licensed under this Act |
12 | | shall be prohibited from offering
professional land surveyor |
13 | | services to the public. Any sole proprietorship
owned and |
14 | | operated by a professional land surveyor with an active license
|
15 | | issued under this Act and conducting or transacting such |
16 | | business under an
assumed name in accordance with the |
17 | | provisions of the Assumed Business Name
Act shall comply with |
18 | | the registration requirements of a professional design
firm. |
19 | | Any sole proprietorship owned and operated by a professional |
20 | | land surveyor Professional Land Surveyor with an active license |
21 | | issued under this Act and conducting or
transacting such |
22 | | business under the real name of the sole proprietor is exempt
|
23 | | from the registration requirements of a professional design |
24 | | firm. "Illinois
licensed design professional" means a person |
25 | | who holds an active license as a
professional engineer under |
26 | | the
Professional Engineering Practice Act of 1989, as an |
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1 | | architect under the
Illinois Architecture Practice Act of 1989, |
2 | | as a structural engineer under the
Structural Engineering |
3 | | Practice Act of 1989, or as a professional land surveyor |
4 | | Professional Land Surveyor
under this Act.
|
5 | | (b) Any professional design firm seeking to be registered |
6 | | pursuant to the
provisions of this Section shall not be |
7 | | registered unless one or more managing
agents in charge of land |
8 | | surveyor activities in this State are designated by
the |
9 | | professional design firm. Each managing agent must at all times |
10 | | maintain a
valid, active license to practice professional land |
11 | | surveying in Illinois.
|
12 | | No individual whose license to practice professional land |
13 | | surveying in this
State is currently in a suspended or revoked |
14 | | state shall act as a managing
agent for a professional design |
15 | | firm.
|
16 | | (c) Any business seeking to be registered under this |
17 | | Section shall make
application on a form provided by the |
18 | | Department and shall provide such
information as requested by |
19 | | the Department, which shall include, but not be
limited to:
|
20 | | (1) the name and license number of the person |
21 | | designated as the managing
agent in responsible charge of |
22 | | the practice of professional land surveying in
Illinois. In |
23 | | the case of a corporation, the corporation shall also |
24 | | submit a
certified copy of the resolution by the board of |
25 | | directors designating the
managing agent. In the case of a |
26 | | limited liability company, the company shall
submit a |
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1 | | certified copy of either its articles of organization or |
2 | | operating
agreement designating the managing agent;
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3 | | (2) the names and license numbers of the directors, in |
4 | | the case of a
corporation, the members, in the case of a |
5 | | limited liability company, or
general partners, in the case |
6 | | of a partnership;
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7 | | (3) a list of all office locations at which the |
8 | | professional design firm
provides professional land |
9 | | surveying services to the public; and
|
10 | | (4) a list of all assumed names of the business. |
11 | | Nothing in this Section
shall be construed to exempt a |
12 | | professional design firm, sole proprietorship,
or |
13 | | professional service corporation from compliance with the |
14 | | requirements of
the Assumed Business Name Act.
|
15 | | It is the responsibility of the professional design firm to |
16 | | provide the
Department notice, in writing, of any changes in |
17 | | the information requested on
the application.
|
18 | | (d) The Department shall issue to each business a |
19 | | certificate of
registration to practice professional land |
20 | | surveying or offer the services of
its licensees in this State |
21 | | upon submittal of a proper application for
registration and |
22 | | payment of fees. The expiration date and renewal period for
|
23 | | each registration and renewal procedures shall be established |
24 | | by rule.
|
25 | | (e) In the event a managing agent is terminated or |
26 | | terminates his or her
status as
managing agent of the |
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1 | | professional design firm, the managing agent and the
a |
2 | | professional design firm shall notify the Department of this |
3 | | fact in writing,
by regular certified mail or email , within 10 |
4 | | business days of such termination. Thereafter,
the |
5 | | professional design firm, if it has so informed the Department, |
6 | | shall have
30 days in which to notify the Department of the |
7 | | name and licensure number of
a newly designated managing agent. |
8 | | If a corporation, the corporation shall
also submit a certified |
9 | | copy of a resolution by the board of directors
designating the |
10 | | new managing agent. If a limited liability company, the
company |
11 | | shall also submit a certified copy of either its articles of
|
12 | | organization or operating agreement designating the new |
13 | | managing agent. The
Department may, upon good cause shown, |
14 | | extend the original 30-day 30 day period.
|
15 | | If the professional design firm has not notified the |
16 | | Department in writing,
by regular certified mail or email |
17 | | within the specified time, the registration shall be
terminated |
18 | | without prior hearing. Notification of termination shall be |
19 | | sent by regular
certified mail or email to the address of |
20 | | record of the business. If the professional
design firm |
21 | | continues to operate and offer professional land surveyor |
22 | | services
after the termination, the Department may seek |
23 | | prosecution under Sections 16 and 27 ,
43, and 16.5 of this Act |
24 | | for the unlicensed practice of professional land
surveying.
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25 | | No professional design firm shall be relieved of |
26 | | responsibility for the
conduct or acts of its agent, employees, |
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1 | | members, managers, or officers by
reason
of its compliance with |
2 | | this Section, nor shall any individual practicing
professional |
3 | | land surveying be relieved of the responsibility for |
4 | | professional
services performed by reason of the individual's |
5 | | employment or relationship
with a professional design firm |
6 | | registered under this Section.
|
7 | | (g) Disciplinary action against a professional design firm |
8 | | registered under
this Section shall be administered in the same |
9 | | manner and on the same grounds
as
disciplinary action against a |
10 | | licensed professional land surveyor. All
disciplinary action |
11 | | taken or pending against a corporation or partnership
before |
12 | | the effective date of this amendatory Act of 1999 shall be |
13 | | continued or
remain in effect without the Department filing |
14 | | separate actions.
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15 | | (h) Any professional services corporation, sole |
16 | | proprietorship,
or
professional design firm offering land |
17 | | surveying
services
must have a
resident professional land |
18 | | surveyor whose license is not suspended or revoked overseeing |
19 | | the land surveying practices in each location
in which land |
20 | | surveying services are provided.
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21 | | (Source: P.A. 96-626, eff. 8-24-09.)
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22 | | (225 ILCS 330/27) (from Ch. 111, par. 3277)
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23 | | (Section scheduled to be repealed on January 1, 2020)
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24 | | Sec. 27. Grounds for disciplinary action.
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25 | | (a) The Department may refuse to
issue or renew a license,
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1 | | or may revoke, suspend, place on probation , reprimand, or |
2 | | administrative supervision, suspend, or revoke any license, or |
3 | | may reprimand or take other any disciplinary or |
4 | | non-disciplinary action as the Department may deem proper, |
5 | | including the imposition of fines not to
exceed $10,000 per |
6 | | violation, with regard to any license issued under this Act, |
7 | | upon any person, corporation, partnership, or professional |
8 | | land
surveying firm licensed or registered under this Act for |
9 | | any one or a combination
of the following reasons:
|
10 | | (1) Material material misstatement in furnishing |
11 | | information to the Department . ;
|
12 | | (2) Negligence, incompetence, or misconduct in the |
13 | | practice of land surveying. violation, including, but not |
14 | | limited to, neglect or intentional
disregard, of this Act, |
15 | | or its rules;
|
16 | | (3) Failure to comply with any provision of this Act or |
17 | | any of its rules. conviction of, or entry of a plea of |
18 | | guilty or nolo contendere to, any crime that is a felony |
19 | | under the laws of the United States or any state or |
20 | | territory thereof or that is a misdemeanor of which an |
21 | | essential element is dishonesty, or any crime that is |
22 | | directly related to the practice of the profession;
|
23 | | (4) Fraud or any misrepresentation in applying for or |
24 | | procuring a license under this Act or in connection with |
25 | | applying for renewal or restoration of a license under this |
26 | | Act. making any misrepresentation for the purpose of |
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1 | | obtaining a license,
or in applying for restoration or |
2 | | renewal, or the practice of any fraud or
deceit in taking |
3 | | any examination to qualify for licensure under this Act;
|
4 | | (5) Purposefully purposefully making false statements |
5 | | or signing false statements,
certificates, or affidavits |
6 | | to induce payment . ;
|
7 | | (6) Conviction of or entry of a plea of guilty or nolo |
8 | | contendere, finding of guilt, jury verdict, or entry of |
9 | | judgment or sentencing, including, but not limited to, |
10 | | convictions, preceding sentences of supervision, |
11 | | conditional discharge, or first offender probation under |
12 | | the laws of any jurisdiction of the United States that is |
13 | | (i) a felony or (ii) a misdemeanor, an essential element of |
14 | | which is dishonesty, that is directly related to the |
15 | | practice of the profession of land surveying. proof of |
16 | | carelessness, incompetence, negligence, or misconduct in
|
17 | | practicing land surveying;
|
18 | | (7) Aiding aiding or assisting another person in |
19 | | violating any provision of
this Act or its rules . ;
|
20 | | (8) Failing failing to provide information in response |
21 | | to a written request made
by the Department within 60 30 |
22 | | days after receipt of such written request . ;
|
23 | | (9) Engaging engaging in dishonorable, unethical, or |
24 | | unprofessional conduct of a
character likely to deceive, |
25 | | defraud, or harm the public . ;
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26 | | (10) Habitual or excessive use or abuse of drugs |
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1 | | defined in law as controlled substances, of alcohol, |
2 | | narcotics, stimulants, or any other substances that |
3 | | results in the inability to practice with reasonable |
4 | | judgment, skill, or safety. inability to practice with |
5 | | reasonable judgment, skill, or safety as a result of |
6 | | habitual or excessive use of, or addiction to, alcohol, |
7 | | narcotics, stimulants or any other chemical agent or drug;
|
8 | | (11) A finding by the Department that an applicant or |
9 | | licensee has failed to pay a fine imposed by the |
10 | | Department. discipline by the United States government, |
11 | | another state, District
of Columbia, territory, foreign |
12 | | nation or government agency if at least
one of the grounds |
13 | | for the discipline is the same or substantially
equivalent |
14 | | to those set forth in this Act;
|
15 | | (12) A finding by the Department that the licensee, |
16 | | after having his or her license placed on probationary |
17 | | status, has violated the terms of probation or failed to |
18 | | comply with such terms. directly or indirectly giving to or |
19 | | receiving from any person,
firm, corporation, partnership, |
20 | | or association any fee, commission, rebate,
or other form |
21 | | of compensation for any professional services not actually |
22 | | or
personally rendered;
|
23 | | (12.5) issuing a map or plat of survey where the fee |
24 | | for professional
services is contingent on a real estate |
25 | | transaction closing;
|
26 | | (13) Inability to practice the profession with |
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1 | | reasonable judgment, skill, or safety as a result of |
2 | | physical illness, including, but not limited to, |
3 | | deterioration through the aging process, loss of motor |
4 | | skill, mental illness, or disability. a finding by the |
5 | | Department that an applicant or licensee has failed to
pay
|
6 | | a fine imposed by the Department or a licensee whose |
7 | | license has been
placed on probationary status has violated |
8 | | the terms of probation;
|
9 | | (14) Discipline by another state, territory, foreign |
10 | | country, the District of Columbia, the United States |
11 | | government, or any other government agency if at least one |
12 | | of the grounds for discipline is the same or substantially |
13 | | equivalent to those set forth in this Act. practicing on an |
14 | | expired, inactive, suspended, or revoked license;
|
15 | | (15) The making of any willfully false oath or |
16 | | affirmation in any matter or proceeding where an oath or |
17 | | affirmation is required by this Act. signing, affixing the |
18 | | Professional Land Surveyor's seal or
permitting the |
19 | | Professional Land Surveyor's seal to be affixed to any map
|
20 | | or plat of survey not prepared by the Professional Land |
21 | | Surveyor or under the Professional Land Surveyor's direct |
22 | | supervision and
control;
|
23 | | (16) Using or attempting to use an expired, inactive, |
24 | | suspended, or revoked license or the certificate or seal of |
25 | | another or impersonating another licensee.
inability to |
26 | | practice the profession with reasonable judgment, skill, |
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1 | | or
safety as a result of physical illness, including, but |
2 | | not limited to, deterioration through the aging process or |
3 | | loss of motor skill or a mental illness or disability;
|
4 | | (17) Directly or indirectly giving to or receiving from |
5 | | any person or entity any fee, commission, rebate, or other |
6 | | form of compensation for any professional service not |
7 | | actually or personally rendered. (blank); or
|
8 | | (18) Issuing a map or plat of a survey where the fee |
9 | | for professional services is contingent on a real estate |
10 | | transaction closing failure to adequately supervise or |
11 | | control land surveying
operations being performed by |
12 | | subordinates .
|
13 | | (19) Signing or affixing the professional land |
14 | | surveyor's seal or permitting the seal to be affixed to any |
15 | | map or plat of a survey not prepared by the professional |
16 | | land surveyor or under the professional land surveyor's |
17 | | direct supervision and control. |
18 | | (20) Failure to adequately supervise or control land |
19 | | surveying operations being performed by subordinates. |
20 | | (a-5) In enforcing this Section, the Department or Board, |
21 | | upon a showing of a possible violation, may compel a person |
22 | | licensed to practice under this Act, or who has applied for |
23 | | licensure or certification pursuant to this Act, to submit to a |
24 | | mental or physical examination, or both, as required by and at |
25 | | the expense of the Department. The Department or Board may |
26 | | order the examining physician to present testimony concerning |
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1 | | the mental or physical examination of the licensee or |
2 | | applicant. No information shall be excluded by reason of any |
3 | | common law or statutory privilege relating to communications |
4 | | between the licensee or applicant and the examining physician. |
5 | | The examining physicians shall be specifically designated by |
6 | | the Board or Department. The individual to be examined may |
7 | | have, at his or her own expense, another physician of his or |
8 | | her choice present during all aspects of the examination. |
9 | | Failure of an individual to submit to a mental or physical |
10 | | examination when directed shall be grounds for the immediate |
11 | | suspension of his or her license until the individual submits |
12 | | to the examination if the Department finds that the refusal to |
13 | | submit to the examination was without reasonable cause as |
14 | | defined by rule. |
15 | | If the Secretary immediately suspends the license of a |
16 | | licensee for his or her failure to submit to a mental or |
17 | | physical examination when directed, a hearing must be convened |
18 | | by the Department within 15 days after the suspension and |
19 | | completed without appreciable delay. |
20 | | If the Secretary otherwise suspends a person's license |
21 | | pursuant to the results of a compelled mental or physical |
22 | | examination, a hearing on that person's license must be |
23 | | convened by the Department within 15 days after the suspension |
24 | | and completed without appreciable delay. The Department and |
25 | | Board shall have the authority to review the subject |
26 | | individual's record of treatment and counseling regarding |
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1 | | impairment to the extent permitted by applicable federal |
2 | | statutes and regulations safeguarding the confidentiality of |
3 | | medical records. |
4 | | Any licensee suspended under this subsection (a-5) shall be |
5 | | afforded an opportunity to demonstrate to the Department or |
6 | | Board that he or she can resume practice in compliance with the |
7 | | acceptable and prevailing standards under the provisions of his |
8 | | or her license.
|
9 | | (b) The determination by a circuit court that a licensee is |
10 | | subject to
involuntary admission or judicial admission as |
11 | | provided in the Mental
Health and Developmental Disabilities |
12 | | Code , as
now or hereafter amended, operates as an automatic |
13 | | license suspension. Such
suspension will end only upon a |
14 | | finding by a court that the patient is no
longer subject to |
15 | | involuntary admission or judicial admission and the
issuance of |
16 | | an order so finding and discharging the patient and upon the
|
17 | | recommendation of the Board to the Secretary Director that the |
18 | | licensee be allowed to
resume his or her practice.
|
19 | | (c) (Blank). |
20 | | (d) If In cases where the Department of Healthcare and |
21 | | Family Services (formerly the Department of Public Aid) has |
22 | | previously determined that a licensee or a potential licensee |
23 | | is more than 30 days delinquent in the payment of child support |
24 | | and has subsequently certified the delinquency to the |
25 | | Department, the Department shall refuse to issue or renew or |
26 | | shall revoke or suspend that person's license or shall take |
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1 | | other disciplinary action against that person based solely upon |
2 | | the certification of delinquency made by the Department of |
3 | | Healthcare and Family Services in accordance with subdivision |
4 | | (a)(5) of Section 2105-15 of the Department of Professional |
5 | | Regulation Law of the Civil Administrative Code of Illinois (20 |
6 | | ILCS 2105/2105-15) . |
7 | | (e) The Department shall refuse to issue or renew or shall |
8 | | revoke or suspend a person's license or shall take other |
9 | | disciplinary action against that person for his or her failure |
10 | | to file a return, to pay the tax, penalty, or interest shown in |
11 | | a filed return, or to pay any final assessment of tax, penalty, |
12 | | or interest as required by any tax Act administered by the |
13 | | Department of Revenue, until such time as the requirements of |
14 | | the tax Act are satisfied in accordance with subsection (g) of |
15 | | Section 2105-15 of the Department of Professional Regulation |
16 | | Law of the Civil Administrative Code of Illinois (20 ILCS |
17 | | 2105/2105-15) . |
18 | | (Source: P.A. 100-872, eff. 8-14-18.)
|
19 | | (225 ILCS 330/28) (from Ch. 111, par. 3278)
|
20 | | (Section scheduled to be repealed on January 1, 2020)
|
21 | | Sec. 28. Injunction; cease Cease and desist order. |
22 | | (a) If any person or entity violates the provisions of this |
23 | | Act, the Secretary, in the name of the People people of the |
24 | | State of Illinois, through the Attorney General or the State's |
25 | | Attorney of the county in which the violation is alleged to |
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1 | | have occurred may petition for an order enjoining the violation |
2 | | or for an order enforcing compliance with this Act. Upon the |
3 | | filing of a verified petition, the court with appropriate |
4 | | jurisdiction may issue a temporary restraining order, without |
5 | | notice or bond, and may preliminarily and permanently enjoin |
6 | | the violation. If it is established that the person has |
7 | | violated or is violating the injunction, the court may punish |
8 | | the offender for contempt of court. Proceedings under this |
9 | | Section are in addition to and not in lieu of any other |
10 | | remedies and penalties provided by this Act.
|
11 | | (b) (a-5) Whenever, in the opinion of the Department, a |
12 | | person or entity violates any provision of this Act, the |
13 | | Department may issue a rule to show cause why an order to cease |
14 | | and desist should not be entered against that person or entity . |
15 | | The rule shall clearly set forth the grounds relied upon by the |
16 | | Department and shall allow at least 7 days from the date of the |
17 | | rule to file an answer satisfactory to the Department. Failure |
18 | | to answer to the satisfaction of the Department shall cause an |
19 | | order to cease and desist to be issued. |
20 | | (b) (Blank).
|
21 | | (Source: P.A. 96-626, eff. 8-24-09.)
|
22 | | (225 ILCS 330/29) (from Ch. 111, par. 3279)
|
23 | | (Section scheduled to be repealed on January 1, 2020)
|
24 | | Sec. 29. Investigations; notice and hearing. |
25 | | (a) The
Department may investigate the actions of any |
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1 | | applicant or of any person or other entity
holding , applying |
2 | | for or claiming to hold a license under this Act , or |
3 | | practicing or offering
to practice land surveying . |
4 | | (b) Before the initiation of a formal complaint an |
5 | | investigation , the
matter shall be reviewed by a subcommittee |
6 | | of the Board according to procedures
established by rule for |
7 | | the Complaint Committee. If a subcommittee has not been formed, |
8 | | the matter shall proceed through the process as stated in |
9 | | subsection (c). |
10 | | (c) The Department shall,
before disciplining an applicant |
11 | | or licensee refusing to issue, renew or restore, suspending or |
12 | | revoking any license
or registration, or imposing any other |
13 | | disciplinary action , at least 30
days prior to the date set for |
14 | | the hearing, (i) notify the applicant or licensee person |
15 | | accused in
writing of the any charges made and the time and |
16 | | place for the hearing on the charges, (ii) shall direct the |
17 | | applicant person or licensee entity to file a
written answer to |
18 | | the charges Board under oath within 20 days after the service |
19 | | of the
notice , and (iii) inform the applicant person or |
20 | | licensee entity that failure if the person or entity fails to
|
21 | | file a written an answer to the charges will result in a |
22 | | default being entered against the applicant or licensee default |
23 | | will be taken and that the license or certificate may be
|
24 | | suspended, revoked, placed on probationary status, or other |
25 | | disciplinary action
may be taken, including limiting the scope, |
26 | | nature or extent of practice, as
the Secretary may deem proper . |
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1 | | (d) Written or electronic This written notice , and any |
2 | | notice in the subsequent proceeding, may be served by personal |
3 | | delivery , by email, or by mail to the applicant or licensee at |
4 | | his or her address of record or email address of record.
to the |
5 | | accused
person or entity or certified mail to the last address |
6 | | specified by the accused
person or entity in the last |
7 | | notification to the Department. |
8 | | (e) At the time and place fixed in the notice, the Board or |
9 | | hearing officer appointed by the Secretary shall proceed to |
10 | | hear the charges and the parties and their counsel shall be |
11 | | accorded ample opportunity to present any statement, |
12 | | testimony, evidence, and argument as may be pertinent to the |
13 | | charges or to the applicant's or licensee's defense. The Board |
14 | | or hearing officer may continue the hearing from time to time. |
15 | | (f) In case the licensee person
or applicant, after |
16 | | receiving the notice, entity fails to file an answer after |
17 | | receiving notice , the his or her license or
certificate may, in |
18 | | the discretion of the Secretary Department , having first |
19 | | received the recommendation of the Board, be suspended, |
20 | | revoked, or
placed on probationary status, or be subject to the |
21 | | Department may take whatever disciplinary
action the Secretary |
22 | | considers deemed proper, including limiting the scope, nature, |
23 | | or extent of the
person's practice or the imposition of a fine, |
24 | | without a hearing, if the act or
acts charged constitute |
25 | | sufficient grounds for such action under this Act.
At the time |
26 | | and place fixed in the notice, the Board shall hear the charges |
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1 | | and
the accused person or entity shall be accorded ample |
2 | | opportunity to present any
statements, testimony, evidence and |
3 | | argument as may be relevant to the charges
or their defense. |
4 | | The Board may continue the hearing from time to time.
|
5 | | The Department may from time to time employ individual land |
6 | | surveyors possessing the same minimum
qualifications as |
7 | | required for Board candidates to assist with its
investigative |
8 | | duties.
|
9 | | (g) Persons who assist the Department as consultants or |
10 | | expert witnesses in
the investigation or prosecution of alleged |
11 | | violations of the Act,
licensure matters, restoration |
12 | | proceedings, or criminal prosecutions, are
not liable for |
13 | | damages in any civil action or proceeding as a result of
their |
14 | | assistance, except upon proof of actual malice. The
Attorney |
15 | | General shall defend these persons in any such action or |
16 | | proceeding.
|
17 | | (Source: P.A. 96-626, eff. 8-24-09.)
|
18 | | (225 ILCS 330/30) (from Ch. 111, par. 3280)
|
19 | | (Section scheduled to be repealed on January 1, 2020)
|
20 | | Sec. 30. Record of proceedings Stenographer; transcript . |
21 | | (a) The Department, at its
expense, shall provide a |
22 | | certified shorthand reporter stenographer to take down the |
23 | | testimony and
preserve a record of all proceedings at the |
24 | | hearing of any case where a
license may be is revoked, |
25 | | suspended, placed on probationary status, reprimanded, fined, |
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1 | | or subjected to other disciplinary action with reference to the |
2 | | license when a disciplinary action is authorized under this Act |
3 | | and its rules or other disciplinary action is taken .
The notice |
4 | | of hearing, complaint , and all other documents in the nature of
|
5 | | pleadings and written motions filed in the proceedings, the |
6 | | transcript of
testimony, the report of the Board , and the |
7 | | orders of the Department shall be
the record of the |
8 | | proceedings. The record may be made available to any person |
9 | | interested in the hearing upon payment of the fee required by |
10 | | Section 2105-115 of the Department of Professional Regulation |
11 | | Law of the Civil Administrative Code of Illinois. |
12 | | (b) The Department may contract for court reporting |
13 | | services, and, if it does so, the Department shall provide the |
14 | | name and contact information for the certified shorthand |
15 | | reporter who transcribed the testimony at a hearing to any |
16 | | person interested, who may obtain a copy of the transcript of |
17 | | any proceedings at a hearing upon payment of the fee specified |
18 | | by the certified shorthand reporter.
|
19 | | (Source: P.A. 96-626, eff. 8-24-09.)
|
20 | | (225 ILCS 330/31) (from Ch. 111, par. 3281)
|
21 | | (Section scheduled to be repealed on January 1, 2020)
|
22 | | Sec. 31. Subpoenas, depositions, oaths. |
23 | | (a) The Department has the power to subpoena documents, |
24 | | books, records, or other materials and to bring before it any |
25 | | person and to take testimony either orally or by deposition, or |
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1 | | both, with the same fees and mileage and in the same manner as |
2 | | is prescribed in civil cases in the courts of this State. |
3 | | (b) The Secretary, the designated hearing officer, and |
4 | | every member of the Board has the power to administer oaths to |
5 | | witnesses at any hearing that the Department is authorized to |
6 | | conduct and any other oaths authorized in any Act administered |
7 | | by the Department.
|
8 | | (Source: P.A. 96-626, eff. 8-24-09.)
|
9 | | (225 ILCS 330/33) (from Ch. 111, par. 3283)
|
10 | | (Section scheduled to be repealed on January 1, 2020)
|
11 | | Sec. 33. Hearing; motion for rehearing Notice of hearing; |
12 | | Findings and recommendations . |
13 | | (a) The Board or hearing officer appointed by the Secretary |
14 | | shall hear evidence in support of the formal charges and |
15 | | evidence produced by the licensee. At the conclusion of the |
16 | | hearing, the Board or hearing officer shall present to the |
17 | | Secretary a written report of its findings of fact, conclusions |
18 | | of law, and recommendations. If the Board fails to present its |
19 | | report, the applicant or licensee may request in writing a |
20 | | direct appeal to the Secretary, in which case the Secretary may |
21 | | issue an order based upon the report of the hearing officer and |
22 | | the record of the proceedings or issue an order remanding the |
23 | | matter back to the hearing officer for additional proceedings |
24 | | in accordance with the order. |
25 | | (b) At the conclusion of the hearing, a copy of the Board's |
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1 | | or hearing officer's report shall be served upon the applicant |
2 | | or licensee, either personally or as provided in this Act for |
3 | | the service of the notice of hearing. Within 20 calendar days |
4 | | after such service, the applicant or licensee may present to |
5 | | the Department a motion, in writing, for a rehearing that shall |
6 | | specify the particular grounds for rehearing. The Department |
7 | | may respond to the motion for rehearing within 20 calendar days |
8 | | after its service on the Department. If no motion for rehearing |
9 | | is filed, then upon the expiration of the time specified for |
10 | | filing such a motion, or upon denial of a motion for rehearing, |
11 | | the Secretary may enter an order in accordance with the |
12 | | recommendations of the Board or hearing officer. If the |
13 | | applicant or licensee orders from the reporting service and |
14 | | pays for a transcript of the record within the time for filing |
15 | | a motion for rehearing, the 20 calendar day period within which |
16 | | a motion may be filed shall commence upon delivery of the |
17 | | transcript to the applicant or licensee. |
18 | | (c) If the Secretary disagrees in any regard with the |
19 | | report of the Board, the Secretary may issue an order contrary |
20 | | to the report. |
21 | | (d) Whenever the Secretary is not satisfied that |
22 | | substantial justice has been done, the Secretary may order a |
23 | | hearing by the same or another hearing officer. |
24 | | (e) At any point in any investigation or disciplinary |
25 | | proceeding provided for in this Act, both parties may agree to |
26 | | a negotiated consent order. The consent order shall be final |
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1 | | upon signature of the Secretary. |
2 | | At the
conclusion of the hearing the Board shall present to the |
3 | | Secretary a written
report of its findings and recommendations. |
4 | | The report shall contain a
finding whether or not the accused |
5 | | person violated this Act or failed to
comply with the |
6 | | conditions required in this Act. The Board shall specify
the |
7 | | nature of the violation or failure to comply, and shall make |
8 | | its
recommendations to the Secretary.
|
9 | | The report of findings and recommendations of the Board |
10 | | shall be the basis
for the Department's order unless the |
11 | | Secretary disagrees with the Board, in which case the Secretary |
12 | | may
issue an order in contravention of the Board report stating |
13 | | the reasons
for the order. The report, findings, and |
14 | | recommendations are not admissible in
evidence against the |
15 | | person in a criminal prosecution brought for the
violation of |
16 | | this Act, but the hearing and findings are not a bar to a
|
17 | | criminal prosecution brought for the violation of this Act.
|
18 | | (Source: P.A. 96-626, eff. 8-24-09.)
|
19 | | (225 ILCS 330/36) (from Ch. 111, par. 3286)
|
20 | | (Section scheduled to be repealed on January 1, 2020)
|
21 | | Sec. 36. Hearing Appointment of a hearing officer. |
22 | | Notwithstanding any provision in the provisions of Section 33 |
23 | | of this Act, the Secretary has
the authority to appoint any |
24 | | attorney duly licensed to practice law in the
State of Illinois |
25 | | to serve as the hearing officer in any action for refusal to |
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1 | | issue or renew a license or discipline a licensee . The Board |
2 | | may have at least one member present at any hearing conducted |
3 | | by the hearing officer. The hearing officer has full authority |
4 | | to conduct the
hearing. The Board has the right to have at |
5 | | least one member
present at any hearing conducted by such |
6 | | hearing officer. The hearing
officer shall report his or her |
7 | | findings of fact, conclusions of law , and
recommendations to |
8 | | the Board and to the Secretary. The Board shall have 60
days |
9 | | from receipt of the report to review the report of the hearing |
10 | | officer
and present their findings of fact, conclusions of law |
11 | | and recommendations
to the Secretary. If the Board fails to |
12 | | present its report within the 60 day period,
the Secretary |
13 | | shall issue an order based on the report of the hearing
|
14 | | officer. If the Secretary disagrees in any regard with the |
15 | | report of the
Board or hearing officer, he or she may issue an |
16 | | order in contravention thereof.
The Secretary shall notify the |
17 | | Board on any such deviation and shall specify with |
18 | | particularity the reasons for such action in the final order |
19 | | provide a written explanation to the Board on any such
|
20 | | deviation .
|
21 | | (Source: P.A. 96-626, eff. 8-24-09.)
|
22 | | (225 ILCS 330/38) (from Ch. 111, par. 3288)
|
23 | | (Section scheduled to be repealed on January 1, 2020)
|
24 | | Sec. 38. Restoration from disciplinary status of suspended |
25 | | or revoked license . |
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1 | | (a) At any time
after the successful completion of a term |
2 | | of probation, suspension , or revocation of any license under |
3 | | this Act , the Department may
restore the license it to the |
4 | | licensee accused person upon the written recommendation of the
|
5 | | Board, unless after an investigation and a hearing the |
6 | | Department Board determines
that restoration is not in the |
7 | | public interest.
|
8 | | (b) Where circumstances of suspension or revocation so |
9 | | indicate, the Department may require an examination of the |
10 | | licensee before restoring his or her license. |
11 | | (c) No person whose license has been revoked as authorized |
12 | | in this Act may apply for restoration of that license until |
13 | | such time as provided for in the Department of Professional |
14 | | Regulation Law of the Civil Administrative Code of Illinois. |
15 | | (d) A license that has been suspended or revoked shall be |
16 | | considered nonrenewed for purposes of restoration and a |
17 | | licensee restoring his or her license from suspension or |
18 | | revocation must comply with the requirements for restoration as |
19 | | set forth in Section 18 and any related rules adopted. |
20 | | (Source: P.A. 86-987 .)
|
21 | | (225 ILCS 330/40) (from Ch. 111, par. 3290)
|
22 | | (Section scheduled to be repealed on January 1, 2020)
|
23 | | Sec. 40. Temporary suspension of a license. The Secretary |
24 | | may
temporarily suspend the license of a professional land |
25 | | surveyor Professional Land Surveyor or surveyor intern |
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1 | | Surveyor Intern without a
hearing, simultaneously with the |
2 | | institution of proceedings for a hearing
under Section 29 of |
3 | | this Act , if the Secretary finds that
evidence in his or her |
4 | | possession indicates that a professional land surveyor's |
5 | | Professional Land Surveyor's
or surveyor intern's Surveyor |
6 | | Intern's continuation in practice would constitute an
imminent |
7 | | danger to the public.
If In the event that the Secretary |
8 | | temporarily suspends the license of a
professional land |
9 | | surveyor Professional Land Surveyor or surveyor intern |
10 | | Surveyor Intern without a hearing,
a hearing by the Board must
|
11 | | be commenced within 30 days after such suspension has occurred.
|
12 | | (Source: P.A. 100-171, eff. 1-1-18 .)
|
13 | | (225 ILCS 330/41) (from Ch. 111, par. 3291)
|
14 | | (Section scheduled to be repealed on January 1, 2020)
|
15 | | Sec. 41. Review under Administrative review Review Law . |
16 | | (a) All final
administrative decisions of the Department |
17 | | under this Act are subject to
judicial review pursuant to the |
18 | | Administrative Review
Law , as now or hereafter amended,
and its |
19 | | rules. The term "administrative decision"
is defined as in |
20 | | Section 3-101 of the Code of Civil Procedure.
|
21 | | (b) Proceedings for judicial review shall be commenced in |
22 | | the circuit court Circuit Court of
the county in which the |
23 | | party applying for review resides , but ; provided, that
if the |
24 | | such party is not a resident of this State, the venue shall be |
25 | | in Sangamon County.
|
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1 | | (c) The Department shall not be required to certify any |
2 | | record to the court or file any answer in court or to otherwise |
3 | | appear in any court in a judicial review proceeding unless and |
4 | | until the Department has received from the plaintiff payment of |
5 | | the costs of furnishing and certifying the record, which costs |
6 | | shall be determined by the Department. |
7 | | (d) Failure on the part of the plaintiff to file a receipt |
8 | | in court shall be grounds for dismissal of the action. |
9 | | (e) During the pendency and hearing of any and all judicial |
10 | | proceedings incident to a disciplinary action the sanctions |
11 | | imposed upon the plaintiff by the Department shall remain in |
12 | | full force and effect. |
13 | | (Source: P.A. 86-987 .)
|
14 | | (225 ILCS 330/44) (from Ch. 111, par. 3294)
|
15 | | (Section scheduled to be repealed on January 1, 2020)
|
16 | | Sec. 44. Plats and licenses as prima facie evidence; record |
17 | | Record of plats. All plats and licenses issued by a |
18 | | professional land surveyor Professional Land Surveyor under
|
19 | | his or her hand and seal shall be received as prima facie |
20 | | evidence in all courts
in this State. A professional land |
21 | | surveyor Professional Land Surveyor is entitled to have his or |
22 | | her plats recorded in the
county where the land affected lies; |
23 | | provided, however, plats of
subdivision or dedication are |
24 | | subject to any statutory provisions relating to the
approval, |
25 | | recording , and filing of plats of subdivision or dedication.
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1 | | (Source: P.A. 86-987 .)
|
2 | | (225 ILCS 330/45) (from Ch. 111, par. 3295)
|
3 | | (Section scheduled to be repealed on January 1, 2020)
|
4 | | Sec. 45. Entry upon adjoining land; liability Liability for |
5 | | damages. A
professional land surveyor Professional Land |
6 | | Surveyor , or persons under his or her direct supervision,
|
7 | | together with his or her survey party, who, in the course of |
8 | | making a survey, finds
it necessary to go upon the land of a |
9 | | party or parties other than the one
for whom the survey is |
10 | | being made is not liable for civil or criminal
trespass and is |
11 | | liable only for any actual damage done to
the land or property.
|
12 | | (Source: P.A. 93-467, eff. 1-1-04 .)
|
13 | | (225 ILCS 330/46) (from Ch. 111, par. 3296)
|
14 | | (Section scheduled to be repealed on January 1, 2020)
|
15 | | Sec. 46. Illinois Administrative Procedure Act. The |
16 | | Illinois
Administrative Procedure Act is expressly adopted and |
17 | | incorporated
as if all of the provisions of that Act were |
18 | | included in this Act,
except that the provision of subsection |
19 | | (d) of Section
10-65 of the Illinois Administrative Procedure |
20 | | Act that provides that at
hearings the licensee has the right |
21 | | to show compliance
with all lawful requirements for retention, |
22 | | continuation , or renewal of
the license is specifically |
23 | | excluded. For the purpose of this Act , the
notice required |
24 | | under Section 10-25 of the Illinois Administrative Procedure
|
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1 | | Act is deemed sufficient when mailed or emailed to the last |
2 | | known address of record a party .
|
3 | | (Source: P.A. 88-45 .)
|
4 | | (225 ILCS 330/48) (from Ch. 111, par. 3298)
|
5 | | (Section scheduled to be repealed on January 1, 2020)
|
6 | | Sec. 48. Fund, appropriations, investments and audits. The |
7 | | moneys
deposited into in the Design Professionals |
8 | | Administration and Investigation Fund
from fines and fees under |
9 | | this Act shall be appropriated to the Department
exclusively |
10 | | for expenses of the Department and the Board in the
|
11 | | administration of this Act, the Illinois Architecture Practice |
12 | | Act, the
Professional Engineering Practice Act of 1989, and the |
13 | | Structural
Engineering Practice Act of 1989. The expenses of |
14 | | the Department under
this Act shall be limited to the ordinary |
15 | | and contingent expenses of the
Design Professionals Dedicated |
16 | | Employees within the Department as
established under Section |
17 | | 2105-75 of the Department of
Professional Regulation Law of the |
18 | | Civil Administrative Code of Illinois (20 ILCS 2105/2105-75)
|
19 | | and other expenses related to the administration and |
20 | | enforcement of this Act.
|
21 | | Moneys from the Fund may also be used for direct and |
22 | | allocable indirect
costs related to the public purposes of the |
23 | | Department of Financial and Professional
Regulation. Moneys in |
24 | | the Fund may be transferred to the Professions Indirect
Cost |
25 | | Fund as authorized by Section 2105-300 of the Department of
|
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1 | | Professional Regulation Law of the Civil Administrative Code of |
2 | | Illinois (20 ILCS 2105/2105-300) .
|
3 | | Moneys in the Design Professionals Administration and |
4 | | Investigation Fund
may be invested and reinvested with all |
5 | | earnings received from the
investments to be deposited into in |
6 | | the Design Professionals Administration and
Investigation Fund |
7 | | and used for the same purposes as fees deposited into in
that |
8 | | Fund.
|
9 | | All fines and penalties under Sections 16 and 27 shall be |
10 | | deposited into the Design Professionals Administration and |
11 | | Investigation Fund. |
12 | | Upon the completion of any audit of the Department as |
13 | | prescribed by the
Illinois State Auditing Act that includes an |
14 | | audit of the Design
Professionals Administration and |
15 | | Investigation Fund, the Department shall
make the audit open to |
16 | | inspection by any interested person. The copy of
the audit |
17 | | report required to be submitted to the Department by this
|
18 | | Section is in addition to copies of audit reports required to |
19 | | be submitted
to other State officers and agencies by Section |
20 | | 3-14 of the Illinois State
Auditing Act.
|
21 | | (Source: P.A. 100-171, eff. 1-1-18 .)
|
22 | | (225 ILCS 330/9 rep.) |
23 | | (225 ILCS 330/16.5 rep.) |
24 | | (225 ILCS 330/22 rep.) |
25 | | (225 ILCS 330/23 rep.) |