Sen. Emil Jones Jr.
Filed: 5/17/2004
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1 | AMENDMENT TO HOUSE BILL 3715
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2 | AMENDMENT NO. ______. Amend House Bill 3715 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 1. Short title. This Act may be cited as the | ||||||
5 | Painting, Drywall Finishing, and Glazing Contractor Licensing | ||||||
6 | Act. | ||||||
7 | Section 5. Definitions. For the purposes of this Act: | ||||||
8 | "Board" means the Painting, Drywall Finishing, and Glazing | ||||||
9 | Contractor Licensing Board. | ||||||
10 | "Contractor" means a person who manages the daily | ||||||
11 | activities of a painting, drywall finishing, or glazing | ||||||
12 | business, including field supervision. | ||||||
13 | "Department" means the Department of Professional | ||||||
14 | Regulation. | ||||||
15 | "Director" means the Director of Professional Regulation. | ||||||
16 | "Drywall finishing" includes the taping, surfacing, and | ||||||
17 | finishing of drywall. | ||||||
18 | "Foreman" means a person who has the knowledge and skill of | ||||||
19 | a journeyman and directly supervises physical painting, | ||||||
20 | drywall finishing, or glazing. | ||||||
21 | "Glazing" means setting glass in window frames. | ||||||
22 | "Journeyman" means a person who has completed an | ||||||
23 | apprenticeship program approved by the Department or is an | ||||||
24 | experienced worker, not a trainee, and is fully qualified and |
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1 | able to perform painting, drywall finishing, or glazing without | ||||||
2 | supervision. | ||||||
3 | "Paint" consists of vehicle, pigment, binder, and dryers. | ||||||
4 | "Painting" means the application of paint. | ||||||
5 | "Person" means an individual, partnership, corporation, | ||||||
6 | business trust, limited liability company, or other legal | ||||||
7 | entity. | ||||||
8 | Section 10. Licensure requirement. | ||||||
9 | (a) Beginning January 1, 2006, a person may not act as a | ||||||
10 | contractor on a project in which the total cost (labor and | ||||||
11 | materials) of one or more of the contractor's contracts is $500 | ||||||
12 | or more without being licensed under this Act. | ||||||
13 | (b) Beginning January 1, 2006, a contractor must be | ||||||
14 | licensed before submitting bids. | ||||||
15 | Section 12. Exemptions. | ||||||
16 | (a) This Act does not apply to the following specific areas | ||||||
17 | of the trade: | ||||||
18 | (1) Scraping, sweeping, and general clean-up of steel | ||||||
19 | beams during bridge construction prior to painting. | ||||||
20 | (2) Power washing and sandblasting work prior to | ||||||
21 | priming and painting. | ||||||
22 | (3) Lead-based paint removal. | ||||||
23 | (4) Taping compound (mud) clean-up from floors. | ||||||
24 | (5) Plastic or cardboard covering and empty cans | ||||||
25 | clean-up. | ||||||
26 | (6) Removal of old paint from roadways and direct | ||||||
27 | traffic. | ||||||
28 | (b) This Act does not apply to the performance of painting, | ||||||
29 | drywall finishing, or glazing of any property owned or operated | ||||||
30 | by a public utility, a public utility affiliate, a | ||||||
31 | telecommunications carrier or its affiliate, an electric | ||||||
32 | cooperative as defined in Section 3.4 of the Electric Supplier |
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1 | Act, a telephone cooperative as defined in Section 13-212 of | ||||||
2 | the Public Utilities Act, a utility owned and operated by a | ||||||
3 | municipal corporation or unit of local government, or a company | ||||||
4 | that generates electricity. | ||||||
5 | (c) This Act does not apply to electrical contractors, | ||||||
6 | utility workers, or their employees performing painting of | ||||||
7 | brackets, fixtures, electrical equipment, transmission towers, | ||||||
8 | traffic signal or lighting poles, welds, or other miscellaneous | ||||||
9 | equipment that is deemed necessary to complete the electrical | ||||||
10 | maintenance or installation. | ||||||
11 | (d) This Act does not apply to licensed plumbers, sprinkler | ||||||
12 | fitters, and pipefitters performing work in plumbing, | ||||||
13 | pipefitting, heating, irrigation, ventilation, air | ||||||
14 | conditioning, refrigeration (HVACR) systems, instrumentation, | ||||||
15 | and stress relieving. | ||||||
16 | (e) This Act does not apply to a manufacturer as part of | ||||||
17 | ongoing maintenance on property owned or leased by such | ||||||
18 | manufacturer. | ||||||
19 | (f) The provisions of this Act do not apply to painting, | ||||||
20 | drywall finishing, or glazing supplies or services sold or | ||||||
21 | provided by employees or agents of a business entity primarily | ||||||
22 | engaged in the retail sale of consumer products. | ||||||
23 | (g) This Act does not apply to the performance of painting, | ||||||
24 | drywall finishing, or glazing of any property owned or operated | ||||||
25 | by a water or wastewater system that serves a municipality with | ||||||
26 | a population of 10,000 citizens or less or any size rural water | ||||||
27 | or wastewater system. | ||||||
28 | (h) This Act does not apply to individuals performing | ||||||
29 | custodial and maintenance work whose job duties also include | ||||||
30 | drywall repair and related drywall taping, spot painting, and | ||||||
31 | minor glazing repair work. | ||||||
32 | (i) This Act does not apply to the painting of roadway | ||||||
33 | surfaces. | ||||||
34 | (j) This Act does not apply to overall interior and |
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1 | exterior demolition. | ||||||
2 | (k) Nothing in this Act shall be construed to require a | ||||||
3 | person who performs painting, drywall finishing, or glazing on | ||||||
4 | his or her own property to be licensed under this Act. | ||||||
5 | (l) Nothing in this Act shall be construed to require a | ||||||
6 | person who performs painting, drywall finishing, or glazing | ||||||
7 | work on his or her employer's property to be licensed under | ||||||
8 | this Act where there exists an employer-employee relationship. | ||||||
9 | Section 15. Powers and duties of the Department. The | ||||||
10 | Department may exercise the following powers and
duties subject | ||||||
11 | to the provisions of this Act:
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12 | (1) To prescribe forms of application for licensure.
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13 | (2) To pass upon the qualifications of applicants for | ||||||
14 | licensure and issue licenses to those found to be
fit and | ||||||
15 | qualified.
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16 | (3) To conduct hearings on proceedings to revoke, | ||||||
17 | suspend, or otherwise
discipline or to refuse to issue or | ||||||
18 | renew licenses.
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19 | (4) To adopt rules when required for the administration
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20 | and enforcement of this Act. | ||||||
21 | Section 20. Application for original licensure.
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22 | (a) To obtain an original license, an applicant shall | ||||||
23 | submit an application in writing to the Department on a form | ||||||
24 | containing the information prescribed by the Department and | ||||||
25 | accompanied by the required application fee, which shall not be | ||||||
26 | refundable. An application shall require information that in | ||||||
27 | the judgment of the Department will enable the Department to | ||||||
28 | pass on the qualifications of the applicant for a license. | ||||||
29 | (b) An applicant for a license must submit satisfactory | ||||||
30 | evidence that he or she: | ||||||
31 | (1) has obtained public liability and property damage | ||||||
32 | insurance in such amounts and under such circumstances as |
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1 | may be determined by the Department; | ||||||
2 | (2) has obtained workers' compensation insurance | ||||||
3 | covering his or her employees or is approved as a | ||||||
4 | self-insurer of workers' compensation in accordance with | ||||||
5 | Illinois law; | ||||||
6 | (3) has an Illinois Unemployment Insurance | ||||||
7 | identification number or has proof of application to the | ||||||
8 | Illinois Department of Labor for such an identification | ||||||
9 | number; and
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10 | (4) has submitted a bond to the Department in the | ||||||
11 | amount of $10,000. | ||||||
12 | (c) It is the responsibility of the licensee to provide to | ||||||
13 | the Department notice in writing of any changes in the | ||||||
14 | information required to be provided on the application. | ||||||
15 | Section 23. Business as an individual; application as legal | ||||||
16 | entity.
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17 | (a) When an individual proposes to do business in his or | ||||||
18 | her own name, licensure, when granted, shall be issued only to | ||||||
19 | that individual. | ||||||
20 | (b) If the applicant is proposing to qualify a partnership, | ||||||
21 | corporation, business trust, or other legal entity, | ||||||
22 | application shall be made for each such entity and shall state | ||||||
23 | the name of the partnership and of its partners, the name of | ||||||
24 | the corporation and of its officers and directors, the name of | ||||||
25 | business trust and its trustees, or the name of such other | ||||||
26 | legal entity and its members, and the use of fictitious names, | ||||||
27 | if a fictitious name is used. The application shall also show | ||||||
28 | that the person applying for the certification is legally | ||||||
29 | qualified to act for the business organization in all matters | ||||||
30 | connected with its contracting business and that he or she has | ||||||
31 | authority to supervise painting, drywall finishing, and | ||||||
32 | glazing operations. |
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1 | Section 27. License number on contracts and bids.
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2 | (a) Each contractor shall affix his or her license number | ||||||
3 | to all his or her contracts and bids. In addition, the official | ||||||
4 | issuing building permits shall affix the contractor's license | ||||||
5 | number to each application for a building permit and on each | ||||||
6 | building permit issued and recorded. | ||||||
7 | (b) Every contractor shall affix his or her license number | ||||||
8 | and name on all vehicles used as part of his or her business as | ||||||
9 | a contractor. | ||||||
10 | (c) Every holder of a license shall display it in a | ||||||
11 | conspicuous place in his or her principal office, place of | ||||||
12 | business, or employment. | ||||||
13 | Section 30. Qualifications for a license as a contractor.
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14 | (a) To qualify for a license as a contractor, a person | ||||||
15 | shall have at least 48 months of practical experience as | ||||||
16 | defined by rule.
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17 | (b) The Department may credit training, apprenticeship, or | ||||||
18 | education in lieu of the 48 months of practical experience as | ||||||
19 | follows:
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20 | (1) a maximum of one and one-half years upon submission | ||||||
21 | of a certificate of completion from a U.S. D.O.L. Bureau of | ||||||
22 | Apprenticeship and Training accredited school for | ||||||
23 | painting, drywall finishing, or glazing completed in not | ||||||
24 | less than 12 months; or | ||||||
25 | (2) a maximum of 2 years upon submission of transcripts | ||||||
26 | of one of the following: | ||||||
27 | (A) a 4-year degree from an accredited college or | ||||||
28 | university in the fields of accounting, business, | ||||||
29 | economics, mathematics, physics, or areas; | ||||||
30 | (B) a professional degree in law; or | ||||||
31 | (C) substantial college or university course work | ||||||
32 | in accounting, architecture, business, construction | ||||||
33 | technology, drafting, economics, engineering, |
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1 | mathematics, or physics; or | ||||||
2 | (3) a maximum of 3 years upon submission of: | ||||||
3 | (A) a Certificate of Completion of Apprenticeship | ||||||
4 | from an U.S. D.O.L. Bureau of Apprenticeship and | ||||||
5 | Training accredited apprenticeship program or a | ||||||
6 | certified statement of a completion of apprenticeship | ||||||
7 | training from the International Union of Painters and | ||||||
8 | Allied Trades; or
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9 | (B) transcripts for a 4-year degree from an | ||||||
10 | accredited college or university in architecture, | ||||||
11 | construction technology, or any field of engineering | ||||||
12 | that is directly related to painting, drywall | ||||||
13 | finishing, or glazing. | ||||||
14 | (c) Applicants have 3 years from the date of application to | ||||||
15 | complete the application process. If the application has not | ||||||
16 | been completed within 3 years, the application shall be denied, | ||||||
17 | the fee shall be forfeited, and the applicant must reapply and | ||||||
18 | meet the requirements in effect at the time of reapplication. | ||||||
19 | Section 33. Bond. Before issuing or renewing a license, the
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20 | Department shall require each applicant or licensee to file and
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21 | maintain in force a surety bond in the amount specified in | ||||||
22 | paragraph (4) of subsection (b) of Section 20, issued by an | ||||||
23 | insurance company
authorized to transact fidelity and surety | ||||||
24 | business in the State of
Illinois.
The bond shall be continuous
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25 | in form, unless terminated by the insurance company. An
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26 | insurance company may terminate a bond and avoid further | ||||||
27 | liability by
filing a 60-day notice of termination with the | ||||||
28 | Department and, at the
same time, sending the notice to the | ||||||
29 | contractor. A license
shall be cancelled without hearing on the | ||||||
30 | termination date of the contractor's
bond, unless a new bond is | ||||||
31 | filed with the Department to become
effective at the | ||||||
32 | termination date of the prior bond. If a license has
been | ||||||
33 | cancelled without hearing under this Section, the license shall |
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1 | be
reinstated upon showing
proof of compliance with this Act. | ||||||
2 | Section 35. Expiration of license.
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3 | (1) A license shall expire 2 years from the last day of the | ||||||
4 | month in which it was issued.
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5 | (2) Failure to renew the license prior to the expiration
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6 | thereof
shall cause the license to become nonrenewed and it | ||||||
7 | shall
be unlawful
thereafter for the licensee to engage or | ||||||
8 | offer to engage in painting, drywall finishing, or glazing | ||||||
9 | contracting business under the license unless
and until the | ||||||
10 | license is restored or reissued as defined by
rule. | ||||||
11 | Section 40. Public records. | ||||||
12 | (1) All information required by the Department of any | ||||||
13 | applicant
for licensure shall be a public record, except | ||||||
14 | financial
information.
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15 | (2) If a licensee changes his or her name
style, address, | ||||||
16 | or employment
from that which appears on his or her current | ||||||
17 | license,
he or she shall notify the
Department of the change | ||||||
18 | within 30 days after it occurs.
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19 | (3) All public records of the Department, when duly | ||||||
20 | certified by the
Director, shall be received as prima facie | ||||||
21 | evidence in any State
administrative or judicial proceedings. | ||||||
22 | Section 45. Grounds for disciplinary action. The | ||||||
23 | Department may refuse
to issue or to renew or may revoke, | ||||||
24 | suspend, place on probation, reprimand,
or take other | ||||||
25 | disciplinary action as the Department may deem proper,
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26 | including fines not to exceed $1,000 for each violation, with | ||||||
27 | regard to any
license for any one or combination of the | ||||||
28 | following causes:
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29 | (a) violation of this Act or its rules;
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30 | (b) conviction of any crime under the laws of any U.S. | ||||||
31 | jurisdiction
which is a felony or which is a misdemeanor, |
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1 | an essential element
of which is dishonesty, or of any | ||||||
2 | crime which directly relates to the
practice of the | ||||||
3 | profession;
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4 | (c) making any misrepresentation for the purpose of | ||||||
5 | obtaining a license;
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6 | (d) professional incompetence or gross negligence in | ||||||
7 | the practice of
painting, drywall finishing, or glazing | ||||||
8 | contracting;
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9 | (e) gross malpractice, prima facie evidence of which | ||||||
10 | may be a conviction
or judgment of malpractice in any court | ||||||
11 | of competent jurisdiction;
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12 | (f) aiding or assisting another person in violating any | ||||||
13 | provision of
this Act or rules;
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14 | (g) failing, within 60 days, to provide information in | ||||||
15 | response to a
written request made by the Department which | ||||||
16 | has been sent by certified or
registered mail to the | ||||||
17 | licensee's last known address;
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18 | (h) engaging in dishonorable, unethical, or | ||||||
19 | unprofessional conduct of a
character likely to deceive, | ||||||
20 | defraud, or harm the public;
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21 | (i) habitual or excessive use or addiction to alcohol, | ||||||
22 | narcotics,
stimulants, or any other chemical agent or drug | ||||||
23 | that results in the
inability to practice with reasonable | ||||||
24 | judgment, skill, or safety;
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25 | (j) discipline by another U.S. jurisdiction or foreign | ||||||
26 | nation, if at
least one of the grounds for the discipline | ||||||
27 | is the same or substantially
equivalent to those set forth | ||||||
28 | in this Section;
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29 | (k) directly or indirectly giving to or receiving from | ||||||
30 | any person, firm,
corporation, partnership, or association | ||||||
31 | any fee, commission, rebate, or
other form of compensation | ||||||
32 | for any professional services not actually or
personally | ||||||
33 | rendered;
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34 | (l) a finding by the Department that the licensee, |
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1 | after having his
or her license placed on probationary | ||||||
2 | status, has violated the terms of
probation;
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3 | (m) conviction by any court of competent jurisdiction, | ||||||
4 | either within or
without this State, of any violation of | ||||||
5 | any law governing the practice of
painting, drywall | ||||||
6 | finishing, or glazing contracting, if the Department | ||||||
7 | determines, after investigation,
that such person has not | ||||||
8 | been sufficiently rehabilitated to warrant the
public | ||||||
9 | trust;
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10 | (n) a finding that licensure has been applied for or | ||||||
11 | obtained by
fraudulent means;
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12 | (o) practicing, attempting to practice, or advertising | ||||||
13 | under
a name
other than the
full name as shown on the | ||||||
14 | license or any other legally authorized name;
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15 | (p) gross and willful overcharging for professional | ||||||
16 | services including
filing false statements for collection | ||||||
17 | of fees or monies for which services
are not rendered;
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18 | (q) failure to file a return, or to pay the tax, | ||||||
19 | penalty or interest
shown in a filed return, or to pay any | ||||||
20 | final assessment of tax, penalty or
interest, as required | ||||||
21 | by any tax Act administered by the Illinois
Department of | ||||||
22 | Revenue, until such time as the requirements of any such | ||||||
23 | tax
Act are satisfied;
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24 | (r) failure to continue to meet the requirements of | ||||||
25 | this Act shall be
deemed a violation;
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26 | (s) physical or mental disability, including | ||||||
27 | deterioration through the
aging process or loss of | ||||||
28 | abilities and skills that result in an inability to
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29 | practice the profession with reasonable judgment, skill, | ||||||
30 | or safety;
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31 | (t) material misstatement in furnishing information to | ||||||
32 | the Department or
to
any other State agency;
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33 | (u) the determination by a court that a licensee is | ||||||
34 | subject to involuntary
admission or judicial admission as |
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1 | provided in the Mental Health and
Developmental | ||||||
2 | Disabilities Code will result in an automatic suspension of | ||||||
3 | his
or her license. The suspension will end upon a finding | ||||||
4 | by a court that the
licensee is no longer subject to | ||||||
5 | involuntary admission or judicial admission,
the issuance | ||||||
6 | of an order so finding and discharging the patient, and the
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7 | recommendation of the Board to the Director that the | ||||||
8 | licensee be allowed to
resume professional practice;
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9 | (v) advertising in any manner that is false, | ||||||
10 | misleading, or deceptive; or
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11 | (w) a violation of the Union Employee Health and | ||||||
12 | Benefits Protection Act, the Minimum Wage Law, the Illinois | ||||||
13 | Wage Payment and Collection Act, the Prevailing Wage Act, | ||||||
14 | the One Day Rest in Seven Act, or the Employee Benefit | ||||||
15 | Contribution Act.
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16 | The Department shall deny any license or renewal under this
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17 | Act to any person who has defaulted on an educational loan | ||||||
18 | guaranteed by
the Illinois Student Assistance Commission; | ||||||
19 | however, the Department may
issue a license or renewal if the | ||||||
20 | person in default has established a
satisfactory repayment | ||||||
21 | record as determined by the Illinois Student Assistance | ||||||
22 | Commission. | ||||||
23 | Section 50. Stenographer; record of proceedings. The | ||||||
24 | Department, at its
expense, shall provide a stenographer to | ||||||
25 | take down the testimony and preserve
a record of all | ||||||
26 | proceedings initiated pursuant to this Act, the rules for the
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27 | administration of this Act, or any other Act or rules relating | ||||||
28 | to this Act
and proceedings for restoration of any license | ||||||
29 | issued under this Act. The
notice of hearing, complaint, | ||||||
30 | answer, and all other documents in the nature
of pleadings and | ||||||
31 | written motions and responses filed in the proceedings, the
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32 | transcript of the testimony, all exhibits admitted into | ||||||
33 | evidence, the report
of the hearing officer, the Board's |
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1 | findings of fact, conclusions of law,
and recommendations to | ||||||
2 | the Director, and the order shall be the record
of the | ||||||
3 | proceedings. The Department shall furnish a transcript of the | ||||||
4 | record
to any person interested in the hearing upon payment of | ||||||
5 | the fee required
under Section 2105-115
of the Department of | ||||||
6 | Professional Regulation Law (20 ILCS 2105/2105-115). | ||||||
7 | Section 55. Attendance of witnesses; production of | ||||||
8 | documents; contempt. Any circuit court may, upon application of | ||||||
9 | the Department or
its designee or of the applicant or licensee | ||||||
10 | against whom proceedings are
pending, enter an order requiring | ||||||
11 | the attendance of witnesses and their
testimony, and the | ||||||
12 | production of documents, papers, files, books and
records in | ||||||
13 | connection with any hearing or investigation. The court may
| ||||||
14 | compel obedience to its order by proceedings for contempt. | ||||||
15 | Section 60. Subpoenas; oaths. The Department has the power | ||||||
16 | to subpoena and bring before it any
person in this State and to | ||||||
17 | take testimony either orally or by deposition or
both, or to | ||||||
18 | subpoena documents, exhibits, or other materials with the same
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19 | fees and mileage and in the same manner as prescribed by law in | ||||||
20 | judicial
proceedings in civil cases in circuit courts of this | ||||||
21 | State.
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22 | The Director and any member of the Board have power to
| ||||||
23 | administer oaths to witnesses at any hearing that the | ||||||
24 | Department or Board is authorized by law to conduct. Further, | ||||||
25 | the Director has power
to administer any other oaths required | ||||||
26 | or authorized to be administered by the
Department under this | ||||||
27 | Act. | ||||||
28 | Section 65. Findings of facts, conclusions of law, and | ||||||
29 | recommendations; order. Within 60
days
of the Department's | ||||||
30 | receipt of the transcript of any hearing that is conducted
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31 | pursuant to this Act or the rules for its enforcement or any |
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| |||||||
1 | other statute or
rule
requiring a hearing under this Act or the | ||||||
2 | rules for its enforcement, or for any
hearing related to | ||||||
3 | restoration of any license issued pursuant to this Act, the
| ||||||
4 | hearing officer shall submit his or her written findings and | ||||||
5 | recommendations to
the Board. The Board shall review the report
| ||||||
6 | of
the hearing officer and shall present its findings of fact, | ||||||
7 | conclusions of law,
and recommendations to the Director by the | ||||||
8 | date of the Board's second meeting
following the Board's | ||||||
9 | receipt of the hearing officer's report.
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10 | A copy of the findings of fact, conclusions of law, and | ||||||
11 | recommendations to
the Director shall be served upon the | ||||||
12 | accused person, either personally or by
registered or certified | ||||||
13 | mail. Within 20 days after service, the accused person
may | ||||||
14 | present to the Department a written motion for a rehearing, | ||||||
15 | which shall
state
the particular grounds therefor. If the | ||||||
16 | accused person orders and pays for a
transcript pursuant to | ||||||
17 | Section 50, the time elapsing thereafter and before
the
| ||||||
18 | transcript is ready for delivery to him or her shall not be | ||||||
19 | counted as part of
the
20
days.
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20 | The Director shall issue an order based on the findings of | ||||||
21 | fact,
conclusions
of law, and recommendations to the Director. | ||||||
22 | If the Director
disagrees in any regard with the findings of | ||||||
23 | fact, conclusions of law, and
recommendations to the Director, | ||||||
24 | he may issue an order in contravention of the
findings of fact, | ||||||
25 | conclusions of law, and recommendations to the Director.
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26 | If the Director issues an order in contravention of the | ||||||
27 | findings of fact,
conclusions of law, and recommendations to | ||||||
28 | the Director, the
Director shall notify the Board in writing | ||||||
29 | with an explanation for any
deviation
from the Board's findings | ||||||
30 | of fact, conclusions of law, and recommendations to
the
| ||||||
31 | Director within 30 days of the Director's entry of the order. | ||||||
32 | Section 70. Temporary suspension. The Director may | ||||||
33 | temporarily suspend the
license of a painting, drywall |
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1 | finishing, or glazing contractor without a hearing, | ||||||
2 | simultaneously with
the institution of proceedings for a | ||||||
3 | hearing provided for in this Act, if
the Director finds that | ||||||
4 | evidence in his or her possession indicates that
continuation | ||||||
5 | in practice would constitute an imminent danger to the public.
| ||||||
6 | In the event that the Director temporarily suspends a license | ||||||
7 | without a
hearing, a hearing by the Department shall be held
| ||||||
8 | within 30 days after such suspension has occurred. | ||||||
9 | Section 75. Review under Administrative Review Law. All | ||||||
10 | final administrative decisions of the Department are
subject to | ||||||
11 | judicial review pursuant to the Administrative Review Law and | ||||||
12 | its rules. The term "administrative decision" is defined as
in | ||||||
13 | Section 3-101 of the Code of Civil Procedure. | ||||||
14 | Section 80. Violations. A violation of this Act is | ||||||
15 | punishable by a $1,000 fine for a first offense and a $2,500 | ||||||
16 | fine for a second offense. A third or subsequent violation of | ||||||
17 | this Act is a Class A misdemeanor. | ||||||
18 | Section 85. Administrative Procedure Act. The Illinois | ||||||
19 | Administrative
Procedure Act is hereby expressly adopted and | ||||||
20 | incorporated
herein as if all of the provisions of that Act | ||||||
21 | were included in
this Act, except that the provision of | ||||||
22 | subsection (d) of
Section 10-65 of the Illinois Administrative | ||||||
23 | Procedure Act
that provides that at hearings the licensee has | ||||||
24 | the
right to show compliance with all lawful requirements for | ||||||
25 | retention,
continuation or renewal of the license is | ||||||
26 | specifically excluded. For the
purpose of this Act the notice | ||||||
27 | required under Section 10-25 of the
Administrative Procedure | ||||||
28 | Act is deemed sufficient when mailed
to the last known address | ||||||
29 | of a party. | ||||||
30 | Section 90. Certification of record; costs. The Department |
| |||||||
| |||||||
1 | shall not be
required to certify any record to the court, to | ||||||
2 | file an answer in court, or to
otherwise appear in any court in | ||||||
3 | a judicial review proceeding, unless there is
filed in the | ||||||
4 | court, with the complaint, a receipt from the Department
| ||||||
5 | acknowledging payment of the costs of furnishing and certifying | ||||||
6 | the record.
Failure on the part of the plaintiff to file the | ||||||
7 | receipt in court is grounds
for dismissal of the action. | ||||||
8 | Section 95. Returned checks; fines.
Any person who | ||||||
9 | delivers a check or other payment to the Department that
is | ||||||
10 | returned to the Department unpaid by the financial institution | ||||||
11 | upon
which it is drawn shall pay to the Department, in addition | ||||||
12 | to the amount
already owed to the Department, a fine of $50. | ||||||
13 | The fines imposed by this
Section are in addition
to any other | ||||||
14 | discipline provided under this Act for unlicensed
practice or | ||||||
15 | practice on a nonrenewed license. The Department shall notify
| ||||||
16 | the person that payment of fees and fines shall be paid to the | ||||||
17 | Department
by certified check or money order within 30 calendar | ||||||
18 | days of the
notification. If, after the expiration of 30 days | ||||||
19 | from the date of the
notification, the person has failed to | ||||||
20 | submit the necessary remittance, the
Department shall | ||||||
21 | automatically terminate the license or deny
the application, | ||||||
22 | without hearing. If, after termination or denial, the
person | ||||||
23 | seeks a license, he or she shall apply to the
Department for | ||||||
24 | restoration or issuance of the license and
pay all the | ||||||
25 | application fees as set by rule. The Department may establish
a | ||||||
26 | fee for the processing of an application for restoration of a | ||||||
27 | license to pay
all expenses of processing this application. The | ||||||
28 | Director
may waive the fines due under this Section in | ||||||
29 | individual cases where the
Director finds that the fines would | ||||||
30 | be unreasonable or unnecessarily
burdensome. | ||||||
31 | Section 100. Hearing officers. The Director has the | ||||||
32 | authority to appoint any
attorney duly licensed to practice law |
| |||||||
| |||||||
1 | in the State of Illinois to serve as
the hearing officer for | ||||||
2 | any action for refusal to issue or renew a license,
for
| ||||||
3 | discipline of a licensee for sanctions for unlicensed practice, | ||||||
4 | for
restoration of a license, or for any
other action for which | ||||||
5 | findings of fact, conclusions of law, and
recommendations
are | ||||||
6 | required pursuant to Section 65 of this Act. The hearing | ||||||
7 | officer shall
have full authority to conduct the hearing and | ||||||
8 | shall
issue his or her findings of fact and recommendations to | ||||||
9 | the Board pursuant to
Section 65 of this Act. | ||||||
10 | Section 105. Investigation; notice; default. The | ||||||
11 | Department may
investigate the actions of any applicant
or any | ||||||
12 | person or persons holding or claiming to hold a license. The
| ||||||
13 | Department shall, before suspending, revoking, placing on | ||||||
14 | probationary
status, or taking any other disciplinary action as | ||||||
15 | the Department may deem
proper with regard to any license, at | ||||||
16 | least 30 days prior to
the date set for the hearing, notify the | ||||||
17 | accused in writing of any charges
made and the time and place | ||||||
18 | for a hearing on the charges before the hearing
officer, direct | ||||||
19 | him or her to file his written answer with the hearing
officer | ||||||
20 | under oath within 30 days after the service on him or her of | ||||||
21 | such
notice,
and inform him or her that if he or she fails to | ||||||
22 | file such answer
default will be taken
against him or her and | ||||||
23 | his or her license may be
suspended, revoked,
placed on | ||||||
24 | probationary status, or other disciplinary action, including
| ||||||
25 | limiting the scope, nature or extent of his or her practice, as | ||||||
26 | the
Department may
deem proper, taken. This written notice may | ||||||
27 | be served
by personal delivery or certified or registered mail | ||||||
28 | to the Department.
In case the person fails to file an answer | ||||||
29 | after receiving notice, his or
her license may, in the | ||||||
30 | discretion of the Department, be
suspended, revoked, or placed | ||||||
31 | on probationary status, or the Department may
take whatever | ||||||
32 | disciplinary action deemed proper, including limiting the
| ||||||
33 | scope, nature, or extent of the person's practice or the |
| |||||||
| |||||||
1 | imposition of a
fine, without a hearing, if the act or acts | ||||||
2 | charged constitute sufficient
grounds for such action under | ||||||
3 | this Act.
At
the time and place fixed in the notice, the | ||||||
4 | Department shall proceed to
hear the charges and the parties or | ||||||
5 | their counsel shall be accorded ample
opportunity to present | ||||||
6 | such statements, testimony, evidence and argument as
may be | ||||||
7 | pertinent to the charges or to their defense. The Department
| ||||||
8 | may continue such hearing from time to time. At the discretion | ||||||
9 | of the
Director after having first received the recommendation | ||||||
10 | of the hearing
officer, the accused person's license may be | ||||||
11 | suspended, revoked, placed on
probationary status, or other | ||||||
12 | disciplinary action may be taken as the
Director may deem | ||||||
13 | proper, including limiting the scope, nature, or extent
of said | ||||||
14 | person's practice without a hearing, if the act or acts charged
| ||||||
15 | constitute sufficient grounds for such action under this Act. | ||||||
16 | Section 110. Enforcement; petition to court. | ||||||
17 | (a) If any person violates the provisions of this Act, the
| ||||||
18 | Director through the Attorney General of Illinois, or the | ||||||
19 | State's Attorney
of any county in which a violation is alleged | ||||||
20 | to exist, may in the name of
the People of the State of | ||||||
21 | Illinois petition for an order enjoining such
violation or for | ||||||
22 | an order enforcing compliance with this Act. Upon the
filing of | ||||||
23 | a verified petition in such court, the court may issue a
| ||||||
24 | temporary restraining order, without notice or bond, and may | ||||||
25 | preliminarily
and permanently enjoin such violation, and if it | ||||||
26 | is established that such
person has violated or is violating | ||||||
27 | the injunction, the Court may punish the
offender for contempt | ||||||
28 | of court.
| ||||||
29 | (b) If any person shall practice as a
licensee or hold | ||||||
30 | himself or herself out as a
licensee without being licensed
| ||||||
31 | under the provisions of this Act, then any person licensed
| ||||||
32 | under this Act,
any interested party or any person injured | ||||||
33 | thereby may, in addition to
those officers identified in |
| |||||||
| |||||||
1 | subsection (a) of this Section, petition for
relief as provided | ||||||
2 | therein.
| ||||||
3 | (c) Whenever the Department has reason to believe that any | ||||||
4 | person has
violated the licensing requirements of this Act by | ||||||
5 | practicing, offering to
practice, attempting to practice, or | ||||||
6 | holding himself or herself out to practice
painting, drywall | ||||||
7 | finishing, or glazing without being licensed under this Act, | ||||||
8 | the Department may issue a rule
to
show cause why an order to | ||||||
9 | cease and desist should not be entered against that
person. The | ||||||
10 | rule shall clearly set forth the grounds relied upon by the
| ||||||
11 | Department and shall provide a period of 7 days from the date | ||||||
12 | of the rule to
file
an answer to the satisfaction of the | ||||||
13 | Department. Failure to answer to the
satisfaction of the | ||||||
14 | Department shall cause an order to cease and desist to be
| ||||||
15 | issued immediately. It is not a violation of this Act for a | ||||||
16 | person whose regular job duties are custodial and maintenance | ||||||
17 | work, but who in the normal course of work engages in | ||||||
18 | incidental drywall repair, related drywall taping, spot | ||||||
19 | painting, and minor glazing repair work.
| ||||||
20 | (d) Proceedings under this Section shall be
in addition to, | ||||||
21 | and not in lieu of, all other remedies and penalties which
may | ||||||
22 | be provided by law. | ||||||
23 | Section 115. Unlicensed practice; violation; civil | ||||||
24 | penalty.
| ||||||
25 | (a) Any person who practices, offers to practice, attempts | ||||||
26 | to practice, or
holds himself or herself out to practice | ||||||
27 | painting, drywall finishing, or glazing without being licensed | ||||||
28 | under
this Act shall, in addition to any other penalty provided | ||||||
29 | by law, pay a civil
penalty to the Department in an amount not | ||||||
30 | to exceed $5,000 for each offense as
determined by the | ||||||
31 | Department. The civil penalty shall be assessed by the
| ||||||
32 | Department after a hearing is held in accordance with the | ||||||
33 | provisions set forth
in this Act regarding the provision of a |
| |||||||
| |||||||
1 | hearing for the discipline of a
licensee.
| ||||||
2 | (b) The Department has the authority and power to | ||||||
3 | investigate any and all
unlicensed activity.
| ||||||
4 | (c) The civil penalty shall be paid within 60 days after | ||||||
5 | the effective date
of the order imposing the civil penalty. The | ||||||
6 | order shall constitute a judgment
and may be filed and | ||||||
7 | execution had thereon in the same manner as any judgment
from | ||||||
8 | any court of record. | ||||||
9 | Section 120. Deposit of fees. All fees and fines collected | ||||||
10 | under this Act shall be deposited into the General Professions | ||||||
11 | Dedicated Fund and shall be appropriated to the Department for | ||||||
12 | the purpose of administering and enforcing this Act. | ||||||
13 | Section 125. The Painting, Drywall Finishing, and Glazing | ||||||
14 | Contractor Licensing Board. The Painting, Drywall Finishing, | ||||||
15 | and Glazing Contractor Licensing Board is created and
shall | ||||||
16 | consist of 7 persons, one of whom is a knowledgeable public
| ||||||
17 | member and 6 of whom have been issued licenses as painting, | ||||||
18 | drywall finishing, and glazing contractors by the Department | ||||||
19 | (for initial appointments, these 6 members must meet the | ||||||
20 | requirements for licensure under this Act).
One of the 6 | ||||||
21 | licensed contractors on the Board shall represent a
statewide | ||||||
22 | association representing painters.
The public member shall not | ||||||
23 | be licensed under
this Act or any other Act the Department | ||||||
24 | administers. Each member shall be
appointed by the Director. | ||||||
25 | Members shall be appointed who reasonably represent
the | ||||||
26 | different geographic areas of the State.
| ||||||
27 | Members of the Painting, Drywall Finishing, and Glazing | ||||||
28 | Contractor Licensing Board shall be immune from suit in any
| ||||||
29 | action based upon any disciplinary proceedings or other acts | ||||||
30 | performed in good
faith as members of the Board, unless the | ||||||
31 | conduct that gave
rise to the suit was willful and wanton | ||||||
32 | misconduct.
|
| |||||||
| |||||||
1 | The persons appointed shall hold office for 4 years and | ||||||
2 | until a successor is
appointed and qualified. Of the
members of | ||||||
3 | the Board first appointed, 2 shall be appointed to serve for 2
| ||||||
4 | years, 2 shall be appointed to serve for 3 years, and 3 shall | ||||||
5 | be appointed to
serve for 4 years. No member shall serve more | ||||||
6 | than 2 complete 4-year terms.
| ||||||
7 | Within 90 days of a vacancy occurring, the Director shall | ||||||
8 | fill the vacancy
for the unexpired portion of the term with an | ||||||
9 | appointee who meets the same
qualifications as the person whose | ||||||
10 | position has become vacant. The Board shall
meet annually to | ||||||
11 | elect one member as chairman and one member as vice-chairman.
| ||||||
12 | No officer shall be elected more than twice in succession to | ||||||
13 | the same office.
The members of the Board shall receive | ||||||
14 | reimbursement for actual, necessary, and
authorized expenses | ||||||
15 | incurred in attending the meetings of the Board.
| ||||||
16 | Section 999. Effective date. This Act takes effect upon | ||||||
17 | becoming law.".
|