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SB0205 Engrossed |
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LRB094 03737 RAS 33746 b |
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| AN ACT concerning regulation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Barber, Cosmetology, Esthetics, and Nail
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| Technology Act of 1985 is amended by adding Section 3D-10 and |
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| by changing Sections 4-9 and 4-20 as follows:
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| (225 ILCS 410/3D-10 new)
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| Sec. 3D-10. Prohibition. No person, firm, partnership, |
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| limited liability company, or corporation owning or operating a |
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| cosmetology, esthetics, or nail technology salon or barber shop |
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| shall knowingly employ in that salon or shop any individual who |
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| is required to be licensed under this Act and who does not |
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| possess a valid license.
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| (225 ILCS 410/4-9) (from Ch. 111, par. 1704-9)
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| (Section scheduled to be repealed on January 1, 2006)
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| Sec. 4-9. Practice without a license or after suspension or |
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| revocation
thereof; employment of unlicensed individual.
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| (a) If any person violates the provisions of this Act, the |
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| Director
may, in the name of the People of the State of |
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| Illinois, through the
Attorney General of the State of |
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| Illinois, petition, for an order
enjoining such violation or |
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| for an order enforcing compliance with
this Act. Upon the |
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| filing of a verified petition in such court, the
court may |
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| issue a temporary restraining order, without notice or
bond, |
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| and may preliminarily and permanently enjoin such violation,
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| and if it is established that such person has violated or is
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| violating the injunction, the Court may punish the offender for
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| contempt of court. Proceedings under this Section shall be in
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| addition to, and not in lieu of, all other remedies and |
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| penalties
provided by this Act.
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| (b) If any person shall practice as a barber, |
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SB0205 Engrossed |
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LRB094 03737 RAS 33746 b |
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| cosmetologist, nail
technician, or esthetician, or teacher |
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| thereof or cosmetology, esthetics, or
nail technology clinic |
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| teacher or hold himself out as such
without being licensed |
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| under the provisions of this Act, any
licensee, any interested |
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| party, or any person injured thereby
may, in addition to the |
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| Director, petition for relief as provided in subsection
(a) of |
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| this Section.
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| (c) Whenever in the opinion of the Department any person |
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| violates
any provision of this Act, the Department may issue a |
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| rule to show
cause why an order to cease and desist should not |
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| be entered against
him. The rule shall clearly set forth the |
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| grounds relied upon by
the Department and shall provide a |
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| period of 7 days from the date of
the rule to file an answer to |
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| the satisfaction of the Department.
Failure to answer to the |
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| satisfaction of the Department shall cause
an order to cease |
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| and desist to be issued immediately.
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| (d) If any person, firm, partnership, limited liability |
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| company, or corporation owning or operating a cosmetology, |
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| esthetics, or nail technology salon or barber shop knowingly |
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| employs in that salon or shop any individual who is required to |
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| be licensed under this Act and who does not possess a valid |
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| license, any licensee, any interested party, or any person |
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| injured thereby may, in addition to the Secretary, petition for |
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| relief as provided in subsection (a) of this Section.
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| (Source: P.A. 89-387, eff. 1-1-96; 90-302, eff. 8-1-97.)
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| (225 ILCS 410/4-20) (from Ch. 111, par. 1704-20)
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| (Section scheduled to be repealed on January 1, 2006)
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| Sec. 4-20. Violations; penalties. Whoever violates any of |
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| the following
shall, for the first offense, be guilty of a |
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| Class B misdemeanor; for the
second offense, shall be guilty of |
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| a Class A misdemeanor; and for all
subsequent offenses, shall |
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| be guilty of a Class 4 felony and be fined not
less than $1,000 |
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| or more than $5,000.
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| (1) The practice of cosmetology, nail technology, |
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| esthetics or
barbering
or an attempt to practice cosmetology, |
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SB0205 Engrossed |
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LRB094 03737 RAS 33746 b |
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| nail technology, esthetics, or
barbering without a license as a
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| cosmetologist, nail technician, esthetician or barber or a
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| cosmetology, nail technology, esthetics, or barbering teacher |
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| without a
license as a cosmetology, nail technology,
esthetics |
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| or barbering teacher or as a cosmetology, esthetics, or nail
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| technology clinic teacher without a proper license.
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| (2) The obtaining of or an attempt to obtain a
license
or |
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| money or any other thing of value by fraudulent |
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| misrepresentation.
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| (3) Practice in the barber, nail technology, cosmetology or
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| esthetic
profession, or an attempt to practice in those |
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| professions by fraudulent
misrepresentation.
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| (4) Wilfully making any false oath or affirmation whenever |
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| an
oath
or affirmation is required by this Act.
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| (5) The violation of any of the provisions of this Act.
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| (6) Knowingly employing, while serving in the capacity of |
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| owner or operator of a cosmetology, esthetics, or nail |
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| technology salon or barber shop, any individual who is required |
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| to be licensed under this Act and who does not possess a valid |
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| license.
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| (Source: P.A. 89-387, eff. 1-1-96; 90-302, eff. 8-1-97.)
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