Registration and Regulation Committee
Filed: 3/14/2007
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1 | AMENDMENT TO HOUSE BILL 474
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2 | AMENDMENT NO. ______. Amend House Bill 474 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 | Residential Building Contractor Licensing Act. | ||||||
6 | Section 5. Definitions. In this Act:
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7 | "Advertise" includes without limitation the issuance of | ||||||
8 | any card, sign, or device to any person or the causing, | ||||||
9 | permitting, or allowing of any sign or marking on or in any | ||||||
10 | building or structure, in any newspaper or magazine, by airwave | ||||||
11 | or any electronic transmission, or in any directory under a | ||||||
12 | listing for work covered by this Act, with or without any | ||||||
13 | limiting qualifications. | ||||||
14 | "Board" means the Residential Building Contractor | ||||||
15 | Licensing Board. | ||||||
16 | "Department" means the Department of Financial and |
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1 | Professional Regulation. | ||||||
2 | "Residential building contractor" means any person who | ||||||
3 | undertakes to, offers to undertake to, purports to have the | ||||||
4 | capacity to undertake to, submits a bid to, or does himself or | ||||||
5 | herself or by or through others construct, alter, repair, add | ||||||
6 | to, subtract from, improve, move, wreck, or demolish any single | ||||||
7 | family dwelling built, being built, or to be built, for the | ||||||
8 | support, shelter, and enclosure of persons, animals, chattels, | ||||||
9 | or movable property of any kind. | ||||||
10 | "Secretary" means the Secretary of Financial and | ||||||
11 | Professional Regulation.
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12 | "Specialty residential contractor" means any residential | ||||||
13 | building contractor whose operations involve the performance | ||||||
14 | of construction work that requires special skill and whose | ||||||
15 | principal residential building contracting business involves | ||||||
16 | the use of specialized residential building trades or crafts, | ||||||
17 | as determined by the Department. | ||||||
18 | Section 10. Licensure requirement.
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19 | (a) Beginning 12 months after the adoption of the final | ||||||
20 | administrative rules under this Act, no person may practice, | ||||||
21 | offer to practice, attempt to practice, or hold himself or | ||||||
22 | herself out to practice as a residential building contractor or | ||||||
23 | as a specialty residential contractor without being licensed or | ||||||
24 | exempt under this Act.
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25 | (b) Beginning 12 months after the adoption of the final |
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1 | administrative rules under this Act, no person may advertise as | ||||||
2 | a residential building contractor or a specialty residential | ||||||
3 | contractor without being licensed or exempt under this Act. | ||||||
4 | Section 15. Residential Building Contractor Licensing | ||||||
5 | Board.
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6 | (a) There is created the Residential Building Contractor | ||||||
7 | Licensing Board, which shall be under the authority of the | ||||||
8 | Department and shall consist of 7 persons appointed by the | ||||||
9 | Secretary. Six members shall be licensees under this Act, | ||||||
10 | except that in the case of initial appointments, the licensed | ||||||
11 | Board members shall meet the requirements for licensure under | ||||||
12 | this Act and shall have obtained licensure within 12 months | ||||||
13 | after the adoption of the final administrative rules under this | ||||||
14 | Act. Two members shall be residential building contractors, 2 | ||||||
15 | members shall be specialty residential contractors, 2 members | ||||||
16 | shall be representatives of a statewide association | ||||||
17 | representing residential building contractors, and one member | ||||||
18 | shall be a knowledgeable public member who is not licensed | ||||||
19 | under this Act or any Act administered by the Department. Board | ||||||
20 | membership shall reasonably represent the different geographic | ||||||
21 | areas of the State. | ||||||
22 | (b) The persons appointed shall hold office for 4 years and | ||||||
23 | until a successor is appointed and has qualified. Of the | ||||||
24 | members of the Board first appointed, 2 shall be appointed to | ||||||
25 | serve for 2 years, 2 shall be appointed to serve for 3 years, |
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1 | and 3 shall
be appointed to serve for 4 years. No member may | ||||||
2 | serve more than 2 complete 4-year terms.
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3 | (c) Members of the Board shall be immune from suit in any | ||||||
4 | action based upon any disciplinary proceedings or other acts | ||||||
5 | performed in good faith as members of the Board, unless the | ||||||
6 | conduct that gave rise to the suit was willful or wanton | ||||||
7 | misconduct. | ||||||
8 | (d) Within 90 days after a vacancy occurs, the Secretary | ||||||
9 | shall fill the vacancy for the unexpired portion of the term | ||||||
10 | with an appointee who meets the same qualifications as the | ||||||
11 | person whose position has become vacant. The Board shall meet | ||||||
12 | annually to elect one member as chairperson and one member as | ||||||
13 | vice-chairperson. No officer shall be elected more than twice | ||||||
14 | in succession to the same office. | ||||||
15 | (e) The members of the Board shall receive reimbursement | ||||||
16 | for actual, necessary, and authorized expenses incurred in | ||||||
17 | attending the meetings of the Board. | ||||||
18 | Section 20. Powers and duties of the Board. The Board may | ||||||
19 | exercise each of the following powers and duties subject to the | ||||||
20 | provisions of this Act: | ||||||
21 | (1) Prescribe forms of application for licensure. | ||||||
22 | (2) Pass upon the qualifications of applicants for | ||||||
23 | licensure, including examination, and issue licenses to | ||||||
24 | those found to be fit and qualified. | ||||||
25 | (3) Develop specialty residential contracting classes |
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1 | of licensure. | ||||||
2 | (4) Conduct hearings on proceedings to revoke, | ||||||
3 | suspend, or otherwise discipline or to refuse to issue or | ||||||
4 | renew licenses. | ||||||
5 | (5) Adopt rules necessary for the administration and | ||||||
6 | enforcement of this Act.
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7 | Section 25. Exemptions.
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8 | (a) The Board may adopt rules to make licensure optional | ||||||
9 | for persons who offer, bid, or undertake to perform work | ||||||
10 | peripheral to construction, as defined by the Board by rule. | ||||||
11 | (b) The following persons are exempt from licensure under | ||||||
12 | this Act: | ||||||
13 | (1) A person who is solely constructing, altering, | ||||||
14 | improving, or repairing personal property that is not | ||||||
15 | commercial property. | ||||||
16 | (2) A person who is constructing, altering, improving, | ||||||
17 | or repairing a structure located within the boundaries of | ||||||
18 | any site or reservation under the jurisdiction of the | ||||||
19 | federal government. | ||||||
20 | (3) A person who furnishes materials, supplies, | ||||||
21 | equipment, or finished products and does not fabricate them | ||||||
22 | into or consume them in the performance of the work of a | ||||||
23 | residential building contractor or specialty residential | ||||||
24 | contractor. | ||||||
25 | (4) A person working on one structure or project, under |
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1 | one or more contracts, when the aggregate price of all of | ||||||
2 | that person's contracts for labor, materials, and all other | ||||||
3 | items is less than $500 and such work is of a casual, | ||||||
4 | minor, or inconsequential nature. | ||||||
5 | (5) A person or entity operating or performing work | ||||||
6 | within the building construction field under the | ||||||
7 | supervision of a licensee under this Act as set forth in | ||||||
8 | Section 35 of this Act. | ||||||
9 | (c) This Section does not apply to a person who advertises | ||||||
10 | or puts out any sign or card or other device that might | ||||||
11 | indicate to the public that the person is a residential | ||||||
12 | building contractor or specialty residential contractor. | ||||||
13 | Section 30. Application; qualifications. | ||||||
14 | (a) An applicant for licensure under this Act must submit | ||||||
15 | an application in writing to the Board on a form prescribed by | ||||||
16 | the Board and accompanied by the application fee determined by | ||||||
17 | the Board. The application shall include, but need not be | ||||||
18 | limited to, all of the following information: | ||||||
19 | (1) The name, principal place of business, address, and | ||||||
20 | telephone number of the applicant. | ||||||
21 | (2) Verification satisfactory to the Board that the | ||||||
22 | applicant is at least 18 years of age. | ||||||
23 | (3) Satisfactory evidence of any experience within the | ||||||
24 | building contracting field, such as a certificate of | ||||||
25 | completion of apprenticeship or college transcript. |
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1 | (4) Satisfactory evidence that the contractor has | ||||||
2 | obtained workers' compensation insurance covering his or | ||||||
3 | her employees or is approved as a self-insurer of workers' | ||||||
4 | compensation, in accordance with Illinois law. | ||||||
5 | (5) Satisfactory evidence that the applicant has | ||||||
6 | submitted a bond to the Department in an amount to be | ||||||
7 | determined by the Board by rule. | ||||||
8 | (6) Disclosure of all settlements and judgments | ||||||
9 | against the applicant. | ||||||
10 | (7) Disclosure of all civil claims and criminal charges | ||||||
11 | pending against the applicant. | ||||||
12 | (8) Disclosure of relevant credit history information, | ||||||
13 | as determined by the Board. | ||||||
14 | (b) The Board may credit years of experience based on | ||||||
15 | training, apprenticeship, and education as follows: | ||||||
16 | (1) A maximum of one and one-half years, upon the | ||||||
17 | submission of evidence of a degree from a school accredited | ||||||
18 | by the Bureau of Apprenticeship and Training. | ||||||
19 | (2) A maximum of 2 years, upon the submission of proof | ||||||
20 | of any of the following: | ||||||
21 | (A) A 4-year degree from an accredited college or | ||||||
22 | university in a field related to the building | ||||||
23 | contracting trades. | ||||||
24 | (B) Substantial college or university work in | ||||||
25 | architecture, construction management, construction | ||||||
26 | technology, engineering, or a field related to the |
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1 | construction industry. | ||||||
2 | (3) A maximum of 3 years, upon the submission of either
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3 | (i) a certificate of completion of apprenticeship from an
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4 | accredited apprenticeship program or (ii) proof of the
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5 | successful completion of a 4-year degree from an accredited
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6 | college or university in architecture, construction
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7 | technology, or any field of engineering that is directly
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8 | related to construction.
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9 | (c) The applicant must provide notice to the Board, in | ||||||
10 | writing, of any changes in the information required to be | ||||||
11 | provided on the application.
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12 | Section 35. Nontransferable license; individual licensure. | ||||||
13 | (a) Any license issued under this Act shall be | ||||||
14 | nontransferable. | ||||||
15 | (b) No company, organization, or other entity may be | ||||||
16 | permitted to operate within the building construction field | ||||||
17 | unless that company, organization, or other entity is under the | ||||||
18 | direct supervision of a person who is licensed under this Act | ||||||
19 | and provided that the work conducted is within the scope of the | ||||||
20 | licensee's license and that the supervised entity is not | ||||||
21 | engaged in construction work that would require licensure in | ||||||
22 | any field or category in which the supervising licensee is not | ||||||
23 | licensed. | ||||||
24 | (c) An individual who is not licensed under this Act may | ||||||
25 | perform work within the building construction field under the |
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1 | supervision of a person who is licensed under this Act, | ||||||
2 | provided that the work performed is within the scope of the | ||||||
3 | licensee's license and that the supervised individual is not | ||||||
4 | engaged in construction work that would require licensure in | ||||||
5 | any field or category in which the supervising licensee is not | ||||||
6 | licensed.
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7 | Section 40. Social security number on license application. | ||||||
8 | In addition to any other information required to be contained | ||||||
9 | in the application, every application for an original, renewal, | ||||||
10 | or restored license under this Act shall include the | ||||||
11 | applicant's social security number. | ||||||
12 | Section 45. Criminal history records check. Each applicant | ||||||
13 | must submit to a fingerprint-based criminal
history records | ||||||
14 | check conducted by
the Department of State Police and the | ||||||
15 | Federal Bureau of
Investigation. The criminal history records | ||||||
16 | check shall be performed and the required fingerprints shall be | ||||||
17 | submitted in the form and manner prescribed by the Department
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18 | of State Police. The Department of State Police shall furnish,
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19 | pursuant to positive identification, any criminal history | ||||||
20 | records of an applicant to the Board. The Department of State | ||||||
21 | Police shall
charge the Department a fee for conducting the
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22 | criminal history records check,
which shall be deposited in the | ||||||
23 | State Police Services Fund and
shall not exceed the cost of the | ||||||
24 | inquiry. |
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1 | Section 50. Joint venture license. | ||||||
2 | (a) Upon the meeting of qualifications and the submission | ||||||
3 | of a fee determined by the Board, a joint venture license may | ||||||
4 | be issued to any combination of individuals, each of which | ||||||
5 | holds a current, active, residential building contractor or | ||||||
6 | specialty residential contractor license in good standing. A | ||||||
7 | joint venture license may be issued in any classification in | ||||||
8 | which at least one of the individuals is licensed. An active | ||||||
9 | joint venture license shall be automatically suspended by | ||||||
10 | operation of law during any period in which any member of the | ||||||
11 | joint venture does not hold a current, active license in good | ||||||
12 | standing issued under this Act. | ||||||
13 | (b) Two or more licensees, each of whom has been issued a | ||||||
14 | license to act separately in the capacity of a residential | ||||||
15 | building contractor or specialty residential contractor under | ||||||
16 | this Act, may not be awarded a contract jointly or otherwise | ||||||
17 | act as a residential building contractor or specialty | ||||||
18 | residential contractor without first having secured a joint | ||||||
19 | venture license in accordance with the provisions of this Act. | ||||||
20 | Prior to obtaining a joint venture license, however, | ||||||
21 | contractors licensed in accordance with this Act may jointly | ||||||
22 | bid for the performance of work covered by this Act. If a | ||||||
23 | combination of licensees submit a bid for the performance of | ||||||
24 | work for which a joint venture license is required, a failure | ||||||
25 | to obtain that license shall not prevent the imposition of any |
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1 | penalty specified by law for the failure of a residential | ||||||
2 | building contractor or a specialty residential contractor who | ||||||
3 | submits a bid to enter into a contract pursuant to the bid. | ||||||
4 | Section 55. Bond.
Before issuing or renewing a license, | ||||||
5 | the Board shall require each applicant or licensee to file and | ||||||
6 | maintain in force a surety bond, issued by an insurance company | ||||||
7 | authorized to transact fidelity and surety business in | ||||||
8 | Illinois. The bond shall be continuous in form, unless | ||||||
9 | terminated by the insurance company. An insurance company may | ||||||
10 | terminate a bond and avoid further liability by filing a 60-day | ||||||
11 | notice of termination with the Board and, at the same time, | ||||||
12 | sending the notice to the contractor. A license shall be | ||||||
13 | cancelled without hearing on the termination date of the | ||||||
14 | contractor's bond, unless a new bond is filed with the Board to | ||||||
15 | become effective at the termination date of the prior bond. If | ||||||
16 | a license has been cancelled without hearing under this | ||||||
17 | Section, the license shall be reinstated upon showing proof of | ||||||
18 | compliance with this Section. | ||||||
19 | Section 60. Licenses; renewal; restoration; person in | ||||||
20 | military service.
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21 | (a) A license issued under this Act shall expire 2 years | ||||||
22 | from the last day of the month in which it was issued. | ||||||
23 | (b) Failure to renew a license before its date of | ||||||
24 | expiration shall cause the license to be non-renewed, and it |
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1 | shall be unlawful thereafter for the holder of the expired | ||||||
2 | license to engage or offer to engage in a residential building | ||||||
3 | contracting or specialty residential contracting business | ||||||
4 | under the license unless and until the license is restored. | ||||||
5 | (c) Any person who has permitted a license to expire or who | ||||||
6 | has a license on inactive status may have it restored by | ||||||
7 | submitting an application to the Board and filing proof of | ||||||
8 | fitness, as defined by rule, to have the license restored and | ||||||
9 | by paying the required fee.
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10 | (d) Any person whose license expired while on active duty | ||||||
11 | with the armed forces of the United States, while called into | ||||||
12 | service or training with the State Militia, or while in | ||||||
13 | training or education under the supervision of the United | ||||||
14 | States government prior to induction into military service may | ||||||
15 | have his or her license restored without paying any renewal | ||||||
16 | fees if, within 2 years after the termination of such service, | ||||||
17 | training, or education, except under conditions other than | ||||||
18 | honorable, the Department is furnished with satisfactory | ||||||
19 | evidence that the person has been so engaged and that such | ||||||
20 | service, training, or education has been so terminated. | ||||||
21 | Section 65. Inactive status. A person who notifies the | ||||||
22 | Board in writing, on forms prescribed by the Board, may elect | ||||||
23 | to place his or her license on inactive status and shall, | ||||||
24 | subject to rule of the Board, be excused from payment of | ||||||
25 | renewal fees until he or she notifies the Board, in writing, of |
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1 | his or her desire to resume active status.
A person requesting | ||||||
2 | restoration from inactive status shall be required to pay the | ||||||
3 | current renewal fee and shall be required to restore his or her | ||||||
4 | license, pursuant to this Act.
Practice by an individual whose | ||||||
5 | license is on inactive status shall be considered to be | ||||||
6 | unlicensed practice as a residential building contractor or | ||||||
7 | specialty residential contractor and shall be grounds for | ||||||
8 | discipline under this Act.
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9 | Section 70. Licensure by endorsement.
The Board may grant | ||||||
10 | a license to an applicant holding a license or certificate in | ||||||
11 | good standing in another state whose requirements for licensure | ||||||
12 | or
certification are equal to or greater than those required by | ||||||
13 | this Act if the Board has authorized an exam waiver agreement | ||||||
14 | with that state. An applicant may be exempt from the technical | ||||||
15 | examination required for licensure if the applicant can verify | ||||||
16 | the successful completion of an examination in another state | ||||||
17 | that is essentially the same as the examination required by the | ||||||
18 | Board, regardless of the absence of a reciprocal agreement with | ||||||
19 | that state. An applicant for licensure under this Section may | ||||||
20 | be required to pass an examination on Illinois construction | ||||||
21 | codes and laws and must comply with all other licensing | ||||||
22 | requirements of this Act.
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23 | Section 75. Display and inclusion of license information. | ||||||
24 | (a) Any licensee under this Act who displays his or her |
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1 | company name or contact information on his or her motor vehicle | ||||||
2 | must also display on each side of that motor vehicle his or her | ||||||
3 | contractor license number in letters and numerals not less than | ||||||
4 | one and one-half inches high. | ||||||
5 | (b) All licensees under this Act must post pertinent | ||||||
6 | license information, as determined by the Board, at each | ||||||
7 | project site in a conspicuous location. This information must | ||||||
8 | be a minimum of 2 inches in height and must be placed on a | ||||||
9 | contrasting background.
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10 | (c) Every licensee under this Act must include his or her | ||||||
11 | contractor license number on all contracting business-related | ||||||
12 | correspondence, including without limitation solicitations, | ||||||
13 | literature, and contracts. | ||||||
14 | Section 80. Contracts. Any person licensed under this Act | ||||||
15 | shall include the following statement in at least 10-point type | ||||||
16 | on all written contracts with respect to which the person is | ||||||
17 | the prime residential building contractor or specialty | ||||||
18 | residential contractor: | ||||||
19 | "Residential building contractors and specialty | ||||||
20 | residential contractors are required by law to be licensed | ||||||
21 | and regulated by the Residential Building Contractors | ||||||
22 | Licensing Board, which has jurisdiction to investigate | ||||||
23 | complaints against residential building contractors and | ||||||
24 | specialty residential contractors if a complaint regarding | ||||||
25 | a patent act or omission is filed within 4 years after the |
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1 | date of the alleged violation. A complaint regarding a | ||||||
2 | latent act or omission pertaining to structural defects | ||||||
3 | must be filed within 10 years after the date of the alleged | ||||||
4 | violation. Any questions concerning a contractor may be | ||||||
5 | referred to the Residential Building Contractor Licensing | ||||||
6 | Board.". | ||||||
7 | (b) Any person licensed under this Act shall include the | ||||||
8 | following statement in at least 12-point type in all home | ||||||
9 | improvement contracts and service and repair contracts for work | ||||||
10 | covered by this Act: | ||||||
11 | "Information about the Residential Building Contractor | ||||||
12 | Licensing Board: The Residential Building Contractor | ||||||
13 | Licensing Board is the entity responsible for licensing and | ||||||
14 | regulating residential building contractors and specialty | ||||||
15 | residential contractors. | ||||||
16 | Contact the Residential Building Contractor Licensing | ||||||
17 | Board for information about the licensed residential | ||||||
18 | building contractor or specialty residential contractor | ||||||
19 | you are considering, including information about | ||||||
20 | disclosable complaints, disciplinary actions, and civil | ||||||
21 | judgments that are reported to the Residential Building | ||||||
22 | Contractor Licensing Board. | ||||||
23 | Use only licensed residential building contractors and | ||||||
24 | specialty residential contractors. If you file a complaint | ||||||
25 | against a licensed residential building contractor or | ||||||
26 | specialty residential contractor within the legal |
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1 | deadline, the Board has the authority to investigate the | ||||||
2 | complaint. If you use an unlicensed residential building | ||||||
3 | contractor or specialty residential contractor, the Board | ||||||
4 | may not be able to help you resolve your complaint. Your | ||||||
5 | only remedy may be in civil court, and you may be liable | ||||||
6 | for damages arising out of any injuries to the unlicensed | ||||||
7 | residential building contractor or specialty residential | ||||||
8 | contractor or the unlicensed residential building | ||||||
9 | contractor's or specialty residential contractor's | ||||||
10 | employees.". | ||||||
11 | Section 85. Public records; Board notification.
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12 | (a) Except for financial information, the information | ||||||
13 | required by the Department or the Board of any applicant for | ||||||
14 | licensure and any licensee under this Act shall be a public | ||||||
15 | record. | ||||||
16 | (b) If a licensee changes the name, address, or employment | ||||||
17 | from that which appears on the current license, the licensee | ||||||
18 | shall notify the Board of the change within 30 days after it | ||||||
19 | occurs. | ||||||
20 | (c) A licensee must notify the Board of any civil claim or | ||||||
21 | criminal charge pending against the licensee within a | ||||||
22 | reasonable amount of time after he or she receives formal | ||||||
23 | notification of the claim or charge, as determined by the | ||||||
24 | Board, and of the final disposition of each claim or charge | ||||||
25 | within 30 days after that disposition occurs. |
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1 | (d) All public records of the Department and the Board, | ||||||
2 | when duly certified by the
Secretary, shall be received as | ||||||
3 | prima facie evidence in any State administrative or judicial | ||||||
4 | proceeding. | ||||||
5 | Section 87. Internet website. The Department shall | ||||||
6 | establish and maintain an Internet website dedicated to the | ||||||
7 | provision of information to the public concerning licensed | ||||||
8 | residential building contractors and licensed specialty | ||||||
9 | residential contractors. The content of the website shall | ||||||
10 | include, without limitation each of the following: | ||||||
11 | (1) A description of any criminal conviction of a | ||||||
12 | licensee. For the purposes
of this item (1), a person shall | ||||||
13 | be deemed to be convicted of a
crime if he or she pled | ||||||
14 | guilty or if he or she was found or
adjudged guilty by a | ||||||
15 | court of competent jurisdiction.
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16 | (2) A description of any civil claim or criminal charge | ||||||
17 | pending or previously pending against a licensee. | ||||||
18 | (3) A description of any civil settlement or judgment | ||||||
19 | entered against a licensee. | ||||||
20 | (4) A description of any final disciplinary action
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21 | taken against a licensee by the Board. | ||||||
22 | Section 90. Building permit; reporting violations.
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23 | (a) A building official or other authority charged with | ||||||
24 | issuing building or other similar permits of a county, |
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1 | municipality, or subdivision of a county or municipality shall | ||||||
2 | refuse to issue a permit for an undertaking that would result | ||||||
3 | in the applicant acting as a residential building contractor or | ||||||
4 | a specialty residential contractor under this Act unless the | ||||||
5 | applicant has furnished evidence
that the applicant is either | ||||||
6 | licensed as required by this Act or exempt from the | ||||||
7 | requirements of this Act. A building official or other | ||||||
8 | authority charged with issuing building or other similar | ||||||
9 | permits shall report to the Board the name and address of any | ||||||
10 | individual or entity believed to have violated this Act by | ||||||
11 | bidding or contracting for work that is regulated under this | ||||||
12 | Act. | ||||||
13 | (b) The Board shall distribute posters to each building | ||||||
14 | permit office in the State, requesting that the posters be | ||||||
15 | placed in a conspicuous location to be read by applicants. | ||||||
16 | These posters shall state the following:
"The Residential | ||||||
17 | Building Contractor Licensing Act requires certain building | ||||||
18 | construction to be performed by licensed residential building | ||||||
19 | contractors or licensed specialty residential contractors. | ||||||
20 | Both the owner and the contractor are subject to penalties for | ||||||
21 | violations of the law.".
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22 | (c) Building construction contracting work covered by this | ||||||
23 | Act must be performed by properly licensed residential building | ||||||
24 | contractors or licensed specialty residential contractors. All | ||||||
25 | persons directly employed by the owner to perform work on a | ||||||
26 | project are subject to all applicable State and federal laws |
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1 | concerning occupational safety, family and medical leave, | ||||||
2 | workers' compensation, social security, income tax | ||||||
3 | withholding, and minimum wage requirements. Work performed | ||||||
4 | must comply with all applicable laws, ordinances, building | ||||||
5 | codes, and zoning regulations. | ||||||
6 | Section 95. Bankruptcy notification.
A licensee who, | ||||||
7 | voluntarily or involuntarily, is subjected to any provision of | ||||||
8 | the laws of bankruptcy shall notify the Board within 15 days | ||||||
9 | after subjection and provide any and all information pertinent | ||||||
10 | to the bankruptcy proceedings that the Board may require. | ||||||
11 | Section 100. Returned checks; fines.
Any person who | ||||||
12 | delivers a check or other payment to the Department pursuant to | ||||||
13 | this Act that is returned to the Department unpaid by the | ||||||
14 | financial institution upon which it is drawn shall pay to the | ||||||
15 | Department, in addition to the amount already owed to the | ||||||
16 | Department, a fine of $50. The fines imposed by this Section | ||||||
17 | are in addition to any other discipline provided for under this | ||||||
18 | Act for unlicensed practice or practice on a nonrenewed | ||||||
19 | license. The Department shall notify the person that payment of | ||||||
20 | fees and fines shall be paid to the Department by certified | ||||||
21 | check or money order within 30 calendar days after the | ||||||
22 | notification. If, after the expiration of 30 days from the date | ||||||
23 | of the notification, the person has failed to submit the | ||||||
24 | necessary remittance, the Department shall automatically |
| |||||||
| |||||||
1 | terminate the license or deny the application, without hearing. | ||||||
2 | If, after termination or denial, the person seeks a license, he | ||||||
3 | or she shall apply to the Department for restoration or | ||||||
4 | issuance of the license and pay all of the application fees as | ||||||
5 | set by rule. The Department may establish a fee for the | ||||||
6 | processing of an application for restoration of a license to | ||||||
7 | pay all expenses of processing this application. The Secretary | ||||||
8 | may waive the fines due under this Section in individual cases | ||||||
9 | where the Secretary finds that the fines would be unreasonable | ||||||
10 | or unnecessarily
burdensome. | ||||||
11 | Section 105. Deposit of fees.
All fees and fines collected | ||||||
12 | under this Act shall be deposited into the General Professions | ||||||
13 | Dedicated Fund and shall be appropriated to the Department for | ||||||
14 | the purpose of administering and enforcing this Act.
| ||||||
15 | Section 110. Grounds for disciplinary action.
| ||||||
16 | (a) The Department may refuse to issue or to renew or may | ||||||
17 | revoke, suspend, place on probation, reprimand, or take other | ||||||
18 | disciplinary action as the Department may deem
proper, | ||||||
19 | including fines, which shall be non-dischargeable in | ||||||
20 | bankruptcy and may not exceed $5,000 for each violation, with | ||||||
21 | regard to any license or licensee for one or any combination of | ||||||
22 | the following causes: | ||||||
23 | (1) Violation of this Act or its rules. | ||||||
24 | (2) Conviction of any crime under the laws of any U.S. |
| |||||||
| |||||||
1 | jurisdiction that is a felony, a misdemeanor an essential | ||||||
2 | element of which is dishonesty, or a crime that directly | ||||||
3 | relates to the practice of the profession. | ||||||
4 | (3) Making any misrepresentation for the purpose of | ||||||
5 | obtaining a license. | ||||||
6 | (4) Professional incompetence or gross negligence in | ||||||
7 | the practice of building contracting. | ||||||
8 | (5) Gross malpractice, prima facie evidence of which | ||||||
9 | may be a conviction or judgment of malpractice in any court | ||||||
10 | of competent jurisdiction. | ||||||
11 | (6) Aiding or assisting another person in violating any | ||||||
12 | provision of this Act or rules adopted under this Act.
| ||||||
13 | (7) Failing, within 60 days, to provide information in | ||||||
14 | response to a written request made by the Department that | ||||||
15 | has been sent by certified or registered mail to the | ||||||
16 | licensee's last known address.
| ||||||
17 | (8) Engaging in dishonorable, unethical, or | ||||||
18 | unprofessional conduct of a character likely to deceive, | ||||||
19 | defraud, or harm the public. | ||||||
20 | (9) Habitual or excessive use of or addiction to | ||||||
21 | alcohol, narcotics, stimulants, or
any other chemical | ||||||
22 | agent or drug that results in the inability to practice | ||||||
23 | with reasonable judgment, skill, or safety. | ||||||
24 | (10) Discipline by another U.S. jurisdiction or | ||||||
25 | foreign nation if at least one of the grounds for the | ||||||
26 | discipline is the same or substantially equivalent to those |
| |||||||
| |||||||
1 | set forth
in this Section. | ||||||
2 | (11) Directly or indirectly giving to or receiving from | ||||||
3 | any person, firm, corporation, partnership, or association | ||||||
4 | any fee, commission, rebate, or other form of compensation | ||||||
5 | for any professional services not actually or personally | ||||||
6 | rendered. | ||||||
7 | (12) A finding by the Department that a licensee, after | ||||||
8 | having his or her license placed on probationary status, | ||||||
9 | has violated the terms of probation. | ||||||
10 | (13) Conviction by any court of competent | ||||||
11 | jurisdiction, either within or without this State, of any | ||||||
12 | violation of any law governing the practice of building | ||||||
13 | contracting if the Department determines, after | ||||||
14 | investigation, that such person has not been sufficiently | ||||||
15 | rehabilitated to warrant the public trust. | ||||||
16 | (14) A finding that licensure has been applied for or | ||||||
17 | obtained by fraudulent means. | ||||||
18 | (15) Practicing, attempting to practice, or | ||||||
19 | advertising under a name other than the full name as shown | ||||||
20 | on the license or any other legally authorized name. | ||||||
21 | (16) Gross and willful overcharging for professional | ||||||
22 | services, including filing false statements for collection | ||||||
23 | of fees or moneys for which services are not rendered.
| ||||||
24 | (17) Failure to file a tax return or to pay any final | ||||||
25 | assessment of tax, penalty, or interest, as required by any | ||||||
26 | tax Act administered by the Department of Revenue, until |
| |||||||
| |||||||
1 | such time as the requirements of any such tax Act are | ||||||
2 | satisfied. | ||||||
3 | (18) Failure to continue to meet the requirements of | ||||||
4 | this Act. | ||||||
5 | (19) Physical or mental disability, including | ||||||
6 | deterioration through the aging
process or loss of | ||||||
7 | abilities and skills that result in an inability to | ||||||
8 | practice the profession with reasonable judgment, skill, | ||||||
9 | or safety. | ||||||
10 | (20) Material misstatement in furnishing information | ||||||
11 | to the Department or to any other State agency. | ||||||
12 | (21) Advertising in any manner that is false, | ||||||
13 | misleading, or deceptive. | ||||||
14 | (22) The determination by a court that a licensee is | ||||||
15 | subject to involuntary admission or judicial admission as | ||||||
16 | provided in the Mental Health and Developmental | ||||||
17 | Disabilities Code. Such determination shall result in an | ||||||
18 | automatic suspension of a licensee's license. The | ||||||
19 | suspension shall end upon a finding by a court that the | ||||||
20 | licensee is no longer subject to involuntary admission or | ||||||
21 | judicial admission, the issuance of an order so finding and | ||||||
22 | discharging the patient, and the recommendation of the | ||||||
23 | Board to the Secretary that the licensee be allowed to | ||||||
24 | resume practice within the profession. | ||||||
25 | (b) The Department shall deny any license or renewal under | ||||||
26 | this Act to any person who has defaulted on an educational loan |
| |||||||
| |||||||
1 | guaranteed by the Illinois Student Assistance Commission; | ||||||
2 | however, the Department may issue a license or renewal if the | ||||||
3 | person in default has established a satisfactory repayment | ||||||
4 | record as determined by the Illinois Student Assistance | ||||||
5 | Commission. | ||||||
6 | Section 115. Disclosure of disciplinary action. A person | ||||||
7 | licensed under this Act who has had his or her license | ||||||
8 | suspended or revoked 2 or more times within an 8-year period | ||||||
9 | shall disclose either in capital letters in 10-point boldface | ||||||
10 | type or in contrasting red print in at least 8-point boldface | ||||||
11 | type, in a document provided prior to entering into a contract | ||||||
12 | to perform work on residential property with 4 or fewer units, | ||||||
13 | any disciplinary license suspension or license revocation | ||||||
14 | during the last 8 years resulting from any violation of this | ||||||
15 | Act by the contractor, whether or not the suspension or | ||||||
16 | revocation was stayed. | ||||||
17 | Section 120. Misrepresentation.
If any person suffers | ||||||
18 | costs or damages as a result of an individual providing a false | ||||||
19 | or invalid license number or otherwise misleading a person with | ||||||
20 | respect to licensure by the Board, the injured person may bring | ||||||
21 | suit in a court of competent jurisdiction to recover damages. | ||||||
22 | The court may award reasonable attorney's fees to the | ||||||
23 | prevailing party in an action.
|
| |||||||
| |||||||
1 | Section 125. Unlicensed practice; civil penalty.
| ||||||
2 | (a) Any person who practices, attempts to practice, or | ||||||
3 | holds himself or herself out as a contractor without being | ||||||
4 | licensed under this Act shall, in
addition to any other penalty | ||||||
5 | provided by law, pay a civil penalty to the Department in an | ||||||
6 | amount not to exceed $5,000 for each offense, as determined by | ||||||
7 | the Department. The civil penalty shall be assessed by the | ||||||
8 | Department after a hearing is held in accordance with the | ||||||
9 | provisions set forth in this Act regarding the provision of a | ||||||
10 | hearing for the discipline of a licensee. Each day of violation | ||||||
11 | constitutes a separate offense. | ||||||
12 | (b) The Department has the authority and power to | ||||||
13 | investigate any and all unlicensed activity. | ||||||
14 | (c) The civil penalty assessed under this Section shall be | ||||||
15 | paid within 60 days after the effective date of the order | ||||||
16 | imposing the civil penalty. The order shall constitute a | ||||||
17 | judgment and may be filed and executed in the same manner as | ||||||
18 | any judgment from any court of record.
| ||||||
19 | Section 130. Enforcement; petition to court.
| ||||||
20 | (a) If any person violates the provisions of this Act, the | ||||||
21 | Secretary, through the Attorney General of Illinois or the | ||||||
22 | State's Attorney of any county in which a violation is alleged | ||||||
23 | to exist, may, in the name of the People of the State of | ||||||
24 | Illinois, petition for an order enjoining such violation or for | ||||||
25 | an order enforcing compliance with this Act. Upon the
filing of |
| |||||||
| |||||||
1 | a verified petition in such court, the court may issue a | ||||||
2 | temporary restraining order, without notice or bond, and may | ||||||
3 | preliminarily and permanently enjoin such violation, and if it | ||||||
4 | is established that such person has violated or is violating | ||||||
5 | the injunction, the Court may punish the offender for contempt | ||||||
6 | of court. | ||||||
7 | (b) If any person practices as a licensee or holds himself | ||||||
8 | or herself out as a licensee without being licensed under the | ||||||
9 | provisions of this Act, then any person licensed under this | ||||||
10 | Act, any interested party, or any person injured thereby may, | ||||||
11 | in addition to those officers identified in subsection (a) of | ||||||
12 | this Section, petition for relief as provided in subsection (a) | ||||||
13 | of this Section. | ||||||
14 | (c) Whenever the Department has reason to believe that any | ||||||
15 | person has violated the licensing requirements of this Act by | ||||||
16 | practicing, offering to practice, attempting to practice, or | ||||||
17 | holding himself or herself out as a contractor without being | ||||||
18 | licensed under this Act, the Department may issue a rule to | ||||||
19 | show cause why an order to cease and desist should not be | ||||||
20 | entered against that person. The rule shall clearly set forth | ||||||
21 | the grounds relied upon by the Department and shall provide a | ||||||
22 | period of 7 days from the date of the rule to file an answer to | ||||||
23 | the satisfaction of the Department. Failure to answer to the | ||||||
24 | satisfaction of the Department shall cause an order to cease | ||||||
25 | and desist to be issued immediately. | ||||||
26 | (d) Proceedings under this Section shall be in addition to |
| |||||||
| |||||||
1 | and not in lieu of all other remedies and penalties that may be | ||||||
2 | provided by law. | ||||||
3 | Section 135. Investigation; notice; default.
The | ||||||
4 | Department may investigate the actions of any applicant or any | ||||||
5 | person or persons holding or claiming to hold a license. The | ||||||
6 | Department shall, before suspending, revoking, placing on | ||||||
7 | probationary status, or taking any other disciplinary action | ||||||
8 | that the Department may deem proper with regard to any license, | ||||||
9 | at least 30 days prior to the date set for the hearing, notify | ||||||
10 | the accused, in writing, of any charges made and the time and | ||||||
11 | place for a hearing on the charges before the hearing officer, | ||||||
12 | direct the accused to file a written answer with the hearing | ||||||
13 | officer, under oath, within 30 days after the service to the | ||||||
14 | accused, and inform the accused that the accused's license may | ||||||
15 | be suspended, revoked, or placed on probationary status or
| ||||||
16 | other disciplinary action may be taken, including limiting the | ||||||
17 | scope, nature, or extent of the accused person's practice, as | ||||||
18 | the Department may deem proper. This written notice may be | ||||||
19 | served by personal delivery or certified or registered mail to | ||||||
20 | the accused. In case the person fails to file an answer after | ||||||
21 | receiving notice, that person's license may, in the discretion | ||||||
22 | of the Department, be suspended, revoked, or placed on | ||||||
23 | probationary status or the Department may take whatever | ||||||
24 | disciplinary action deemed proper, including limiting the | ||||||
25 | 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 | ||||||
5 | or their counsel shall be accorded ample opportunity to present | ||||||
6 | such statements, testimony, evidence, and arguments 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 Secretary, after having first received the | ||||||
10 | recommendation of the hearing officer, the accused person's | ||||||
11 | license may be suspended, revoked, or placed on probationary | ||||||
12 | status or other disciplinary action may be taken as the | ||||||
13 | Secretary may deem proper, including limiting the scope, | ||||||
14 | nature, or extent of the person's practice without a hearing, | ||||||
15 | if the act or acts charged constitute sufficient grounds for | ||||||
16 | such action under this Act. | ||||||
17 | Section 140. Stenographer; record of proceedings.
The | ||||||
18 | Department, at its expense, shall provide a stenographer to | ||||||
19 | take down the testimony and preserve a record of all | ||||||
20 | proceedings initiated pursuant to this Act, the rules for the | ||||||
21 | administration of this Act or any other Act or rules relating | ||||||
22 | to this Act, and proceedings for restoration of any license | ||||||
23 | issued under this Act. The notice of hearing, complaint, and | ||||||
24 | answer, all other documents in the nature of pleadings and | ||||||
25 | written
motions and responses filed in the proceedings, the |
| |||||||
| |||||||
1 | transcript of the testimony, all exhibits admitted into | ||||||
2 | evidence, the report of the hearing officer, the Board's | ||||||
3 | findings of fact, conclusions of law, and recommendations to | ||||||
4 | the Secretary, and the order shall be the record of the | ||||||
5 | proceedings. The Department shall furnish a transcript of the | ||||||
6 | record to any person interested in the hearing upon payment of | ||||||
7 | the fee required under Section 2105-115 of the Department of | ||||||
8 | Professional Regulation Law (20 ILCS 2105/2105-115). | ||||||
9 | Section 145. Certification of record; costs.
The | ||||||
10 | Department shall not be required to certify any record to the | ||||||
11 | court, to file an answer in court, or to otherwise appear in | ||||||
12 | any court in a judicial review proceeding, unless there is | ||||||
13 | filed in the court, with the complaint, a receipt from the | ||||||
14 | Department acknowledging payment of the costs of furnishing and | ||||||
15 | certifying the record. Failure on the part of the plaintiff to | ||||||
16 | file the receipt in court is grounds for dismissal of the | ||||||
17 | action. | ||||||
18 | Section 150. Subpoenas; oaths. The Department has the | ||||||
19 | power to subpoena and bring before it any person in this State | ||||||
20 | to take testimony either orally or by deposition or both or to | ||||||
21 | subpoena documents, exhibits, or other materials with the same | ||||||
22 | fees and mileage and in the same manner as prescribed by law in | ||||||
23 | judicial proceedings in civil cases in circuit courts of this | ||||||
24 | State. |
| |||||||
| |||||||
1 | The Secretary and any member of the Board have the power to | ||||||
2 | administer oaths to witnesses at any hearing that the | ||||||
3 | Department or Board is authorized by law to conduct. The | ||||||
4 | Secretary has the power to administer any other oaths required | ||||||
5 | or authorized to be administered by the Department under this | ||||||
6 | Act. | ||||||
7 | Section 155. Attendance of witnesses; production of | ||||||
8 | documents; contempt.
Any circuit court may, upon application | ||||||
9 | of the Department or its designee or of the applicant or | ||||||
10 | licensee against whom proceedings are pending, enter an order | ||||||
11 | requiring the attendance of witnesses and their testimony and | ||||||
12 | the production of documents, papers, files, books, and records | ||||||
13 | in connection with any hearing or investigation. The court may | ||||||
14 | compel obedience to its order by proceedings for contempt. | ||||||
15 | Section 160. Findings of facts, conclusions of law, and | ||||||
16 | recommendations; order.
Within 60 days after the Department's | ||||||
17 | receipt of the transcript of any hearing that is conducted | ||||||
18 | pursuant to this Act or the rules for its enforcement or any | ||||||
19 | other statute or rule requiring a hearing under this Act or the | ||||||
20 | rules for its enforcement or for any hearing related to | ||||||
21 | restoration of any license issued pursuant to this Act, the | ||||||
22 | hearing officer shall submit his or her written findings and | ||||||
23 | recommendations to the Board. The Board shall review the report | ||||||
24 | of the hearing officer and shall present its findings of fact, |
| |||||||
| |||||||
1 | conclusions of law, and recommendations to the Secretary by the | ||||||
2 | date of the Board's second meeting following the Board's | ||||||
3 | receipt of the hearing officer's report. | ||||||
4 | A copy of the findings of fact, conclusions of law, and | ||||||
5 | recommendations to the Secretary shall be served upon the | ||||||
6 | accused person, either personally or by registered or certified | ||||||
7 | mail. Within 20 days after service, the accused person may | ||||||
8 | present to the Department a written motion for a rehearing, | ||||||
9 | which shall state the particular grounds therefor. If the | ||||||
10 | accused person orders and pays for a transcript pursuant to | ||||||
11 | this Act, then the time elapsing thereafter and before the | ||||||
12 | transcript is ready for delivery to him or her shall not be | ||||||
13 | counted as part of the 20 days. | ||||||
14 | The Secretary shall issue an order based on the findings of | ||||||
15 | fact, conclusions of law, and recommendations to the Secretary. | ||||||
16 | If the Secretary disagrees in any regard with the findings | ||||||
17 | of fact, conclusions of law, and recommendations to the | ||||||
18 | Secretary, he or she may issue an order in contravention of the | ||||||
19 | findings of fact, conclusions of law, and recommendations to | ||||||
20 | the Secretary.
If the Secretary issues an order in | ||||||
21 | contravention of the findings of fact, conclusions of law, and | ||||||
22 | recommendations to the Secretary, the Secretary shall notify | ||||||
23 | the Board in writing with an explanation for any deviation from | ||||||
24 | the Board's findings of fact, conclusions of law, and | ||||||
25 | recommendations to the Secretary within 30 days after the | ||||||
26 | Secretary's entry of the order. |
| |||||||
| |||||||
1 | Section 165. Temporary suspension. The Secretary may | ||||||
2 | temporarily suspend the license of a contractor without a | ||||||
3 | hearing, simultaneously with the institution of proceedings | ||||||
4 | for a hearing provided for in this Act, if the Secretary finds | ||||||
5 | that evidence in his or her possession indicates that | ||||||
6 | continuation in practice would constitute an imminent danger to | ||||||
7 | the public. In the event that the Secretary temporarily | ||||||
8 | suspends a license without a hearing, a hearing by the | ||||||
9 | Department shall be held within 30 days after such suspension | ||||||
10 | has occurred. | ||||||
11 | Section 170. Hearing officers.
The Secretary has the | ||||||
12 | authority to appoint any attorney duly licensed to practice law | ||||||
13 | in the State of Illinois to serve as the hearing officer for | ||||||
14 | any action for refusal to issue or renew a license, for | ||||||
15 | discipline of a licensee, for sanctions for unlicensed | ||||||
16 | practice, for restoration of a license, or for any other action | ||||||
17 | for which findings of fact, conclusions of law, and | ||||||
18 | recommendations are required pursuant to this Act. The hearing | ||||||
19 | officer shall have full authority to conduct the hearing and | ||||||
20 | shall issue his or her findings of fact and recommendations to | ||||||
21 | the Board pursuant to this Act. | ||||||
22 | Section 175. Review under Administrative Review Law.
All | ||||||
23 | final administrative decisions of the Department are subject to |
| |||||||
| |||||||
1 | judicial review pursuant to the Administrative Review Law and | ||||||
2 | its rules. The term "administrative decision" is defined as in | ||||||
3 | Section 3-101 of the Code of Civil Procedure. | ||||||
4 | Section 180. Violations. Any person who is found to have | ||||||
5 | knowingly violated any provision of this Act is guilty of a | ||||||
6 | Class A misdemeanor. On conviction of a second or subsequent | ||||||
7 | offense, the violator is guilty of a Class 4 felony. | ||||||
8 | Section 185. Administrative Procedure Act.
The Illinois | ||||||
9 | Administrative Procedure Act is hereby expressly adopted and
| ||||||
10 | incorporated herein as if all of the provisions of that Act | ||||||
11 | were included in this Act, except
that the provision of | ||||||
12 | subsection (d) of Section 10-65 of the Illinois Administrative | ||||||
13 | Procedure Act that provides that, at hearings, the licensee has | ||||||
14 | the right to show compliance with all lawful requirements for | ||||||
15 | retention, continuation, or renewal of the license is | ||||||
16 | specifically excluded. For the purpose of this Act the notice | ||||||
17 | required under Section 10-25 of the Illinois Administrative | ||||||
18 | Procedure Act is deemed sufficient when mailed to the last | ||||||
19 | known address of a party.
| ||||||
20 | Section 997. Severability. The provisions of this Act are | ||||||
21 | severable under Section 1.31 of the Statute on Statutes. | ||||||
22 | Section 998. The Regulatory Sunset Act is amended by adding |
| |||||||
| |||||||
1 | Section 4.28 as follows: | ||||||
2 | (5 ILCS 80/4.28 new)
| ||||||
3 | Sec. 4.28. Act repealed on January 1, 2018. The following | ||||||
4 | Act is repealed on January 1, 2018: | ||||||
5 | The Residential Building Contractor Licensing Act.
| ||||||
6 | Section 999. Effective date. This Act takes effect upon | ||||||
7 | becoming law.".
|