Rep. Jack D. Franks
Filed: 4/24/2007
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1 | AMENDMENT TO HOUSE BILL 474
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2 | AMENDMENT NO. ______. Amend House Bill 474, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 1. Short title. This Act may be cited as the | ||||||
6 | Residential Building General Contractor Act. | ||||||
7 | Section 5. Purpose. It is the purpose of this Act to | ||||||
8 | provide for the registration of residential building general | ||||||
9 | contractors. | ||||||
10 | Section 10. Definitions. In this Act: | ||||||
11 | "Board" means the Residential Building General Contractor | ||||||
12 | Board. | ||||||
13 | "Department" means the Department of Labor. | ||||||
14 | "Director" means the Director of Labor. | ||||||
15 | "Residential building general contracting" means the |
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1 | construction, alteration, repair, improvement, movement, | ||||||
2 | wrecking, or demolishing of or the addition to or subtraction | ||||||
3 | from any single family dwelling built, being built, or to be | ||||||
4 | built, for the support, shelter, and enclosure of persons, | ||||||
5 | animals, chattels, or movable property of any kind.
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6 | "Residential building general contracting" does not include | ||||||
7 | (i) the sale, installation, cleaning, or repair of carpets; | ||||||
8 | (ii) the sale of goods or materials by a merchant who directly | ||||||
9 | or through a third party performs any work or labor in | ||||||
10 | connection with the installation or application of the goods or | ||||||
11 | materials; or (iii) the repair, installation, replacement or | ||||||
12 | connection of any home appliance, including, but not limited | ||||||
13 | to, disposals, refrigerators, entertainment systems, ranges, | ||||||
14 | garage door openers, television antennas, washing machines, | ||||||
15 | telephones, or other home appliances, by an employee or a third | ||||||
16 | party acting on behalf of the merchant that sold the home | ||||||
17 | appliance. | ||||||
18 | "Residential building general contractor" means any person | ||||||
19 | who undertakes to, offers to undertake to, purports to have the | ||||||
20 | capacity to undertake to, submits a bid to, or does himself or | ||||||
21 | herself or by or through others engage in residential building | ||||||
22 | general contracting. | ||||||
23 | Section 12. Exemptions. Persons licensed under the Roofing | ||||||
24 | Industry Licensing Act are exempt from this Act as long as the | ||||||
25 | services they provide are limited to those described in the |
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1 | definition of "roofing contractor" in the Roofing Industry | ||||||
2 | Licensing Act. | ||||||
3 | Section 15. Title. Only a residential building general | ||||||
4 | contractor registered under this Act may use the title | ||||||
5 | "residential building general contractor" or "registered | ||||||
6 | residential building general contractor". | ||||||
7 | Section 20. Unregistered practice; civil penalty. | ||||||
8 | (a) Beginning on January 1, 2008, any person who practices, | ||||||
9 | offers to practice, attempts to practice, or holds himself or | ||||||
10 | herself out to practice residential building general | ||||||
11 | contracting without being registered under this Act shall, in | ||||||
12 | addition to any other penalty provided by law, pay a civil | ||||||
13 | penalty to the Department in an amount not to exceed $10,000 | ||||||
14 | for each offense as determined by the Department. The civil | ||||||
15 | penalty shall be assessed by the Department after a hearing is | ||||||
16 | held in accordance with the provisions set forth in this Act | ||||||
17 | regarding the provision of a hearing for the discipline of a | ||||||
18 | registrant. | ||||||
19 | (b) The Department has the authority and power to | ||||||
20 | investigate any and all unregistered activities. | ||||||
21 | (c) The civil penalty imposed under this Section must be | ||||||
22 | paid within 60 days after the effective date of the order | ||||||
23 | imposing the civil penalty. The order shall constitute a | ||||||
24 | judgment and may be filed and execution had thereon in the same |
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1 | manner as any judgment from any court of record. | ||||||
2 | Section 22. Building permits. A municipality, county, or | ||||||
3 | subdivision of a municipality or county that requires a | ||||||
4 | building permit may not issue a building permit to a | ||||||
5 | residential building general contractor unless the applicant | ||||||
6 | has provided sufficient proof that he or she is registered | ||||||
7 | under this Act. | ||||||
8 | Section 25. Powers and duties of the Department. | ||||||
9 | (a) The Department shall exercise the powers and duties | ||||||
10 | prescribed by the Civil Administrative Code of Illinois for the | ||||||
11 | administration of licensing Acts and shall exercise such other | ||||||
12 | powers and duties vested in it by this Act. | ||||||
13 | (b) The Department shall adopt rules and regulations | ||||||
14 | necessary for the administration and enforcement of this Act, | ||||||
15 | including rules and regulations (i) concerning standards and | ||||||
16 | criteria for registration and for the payment of applicable | ||||||
17 | fees, (ii) requiring residential building general contractors | ||||||
18 | to report to the Department the subcontractors it uses and | ||||||
19 | update the information with each building permit, and (iii) | ||||||
20 | requiring the sworn testament of a residential building general | ||||||
21 | contractor that, if he or she employs subcontractors, payment | ||||||
22 | of such subcontractors shall be made by the residential | ||||||
23 | building general contractor in cases where payment is made by | ||||||
24 | the consumer to the residential building general contractor |
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1 | with the understanding that such subcontracting payments shall | ||||||
2 | subsequently be made by the residential building general | ||||||
3 | contractor and requiring the filing of a lien waiver signed by | ||||||
4 | both the residential building general contractor and the | ||||||
5 | subcontractor indicating that in cases where the residential | ||||||
6 | building general contractor fails to remit the designated | ||||||
7 | payment to the subcontractor, through no fault of the consumer, | ||||||
8 | the subcontractor may not seek a lien against the property of | ||||||
9 | the consumer. The Department must consult the Board concerning | ||||||
10 | these rules and regulations. Notice of proposed rulemaking | ||||||
11 | shall be transmitted to the Board and the Department shall | ||||||
12 | review the Board's response and any recommendations made | ||||||
13 | therein. The Department shall notify the Board in writing of | ||||||
14 | the explanation for any deviations from the Board's | ||||||
15 | recommendations and response. | ||||||
16 | (c) The Department may, at any time, seek the advice and | ||||||
17 | the expert knowledge of the Board on any matter relating to the | ||||||
18 | administration of this Act. | ||||||
19 | (d) The Department must issue a quarterly report to the | ||||||
20 | Board setting forth the status of all complaints received by | ||||||
21 | the Department related to the practice of the profession. | ||||||
22 | (e) The Department must prescribe forms required for the | ||||||
23 | administration of this Act. | ||||||
24 | (f) The Department must establish and maintain an Internet | ||||||
25 | website dedicated to the provision of information to the public | ||||||
26 | concerning registered residential building general |
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1 | contractors. The content of the website shall include without | ||||||
2 | limitation each of the following: | ||||||
3 | (1) A description of any criminal conviction of a | ||||||
4 | registrant. For the purposes of this item (1), a person | ||||||
5 | shall be deemed to be convicted of a crime if he or she has | ||||||
6 | been found or adjudged guilty by or entered a plea of | ||||||
7 | guilty in a court of competent jurisdiction. | ||||||
8 | (2) A description of any civil claim or criminal charge | ||||||
9 | pending or previously pending against a registrant. | ||||||
10 | (3) A description of any civil settlement or judgment | ||||||
11 | entered against a registrant. | ||||||
12 | (4) A description of any final disciplinary action | ||||||
13 | taken against a registrant by the Board. | ||||||
14 | (5) A listing of all previous businesses that a | ||||||
15 | registrant has owned or was employed with as a residential | ||||||
16 | building general contractor. | ||||||
17 | Section 30. Residential Building General Contractor Board. | ||||||
18 | (a) The Director shall appoint a Residential Building | ||||||
19 | General Contractor Board comprised of persons who are residents | ||||||
20 | of this State and who shall serve in an advisory capacity to | ||||||
21 | the Director. The Board shall consist of 7 members, 4 of whom | ||||||
22 | shall be individuals experienced in the practice of residential | ||||||
23 | building general contracting and who meet the requirements for | ||||||
24 | residential building general contractor registration set forth | ||||||
25 | under this Act, 2 of whom shall be representatives of a |
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1 | statewide association representing residential building | ||||||
2 | general contractors, and one of whom shall be a knowledgeable | ||||||
3 | public member who is not registered under this Act or any Act | ||||||
4 | administered by the Department. | ||||||
5 | (b) Members of the Board shall serve 4-year terms and until | ||||||
6 | their successors are appointed and qualified, except that of | ||||||
7 | the members of the Board first appointed, 2 shall be appointed | ||||||
8 | to serve for 2 years, 2 shall be appointed to serve for 3 | ||||||
9 | years, and 3 shall be appointed to serve for 4 years. No member | ||||||
10 | may serve more than 2 complete 4-year terms. | ||||||
11 | (c) Members of the Board shall be immune from suit in any | ||||||
12 | action based on any disciplinary proceedings or other acts | ||||||
13 | performed in good faith as members of the Board, unless the | ||||||
14 | conduct that gave rise to the suit was willful or wanton | ||||||
15 | misconduct. | ||||||
16 | (d) If a vacancy on the Board occurs for any reason | ||||||
17 | resulting in an unexpired term, within 90 days after the | ||||||
18 | vacancy first occurs, the Director shall fill the vacancy in | ||||||
19 | like manner for the unexpired balance of the term only. The | ||||||
20 | Board shall meet annually to elect one member as chairperson | ||||||
21 | and one member as vice-chairperson from their number. No | ||||||
22 | officer may be elected more than 2 times in succession to the | ||||||
23 | same office. | ||||||
24 | (e) Board members shall receive reimbursement for actual, | ||||||
25 | necessary, and authorized expenses incurred in attending the | ||||||
26 | meetings of the Board.
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1 | Section 35. Registration requirements. | ||||||
2 | (a) Every person applying to the Department for | ||||||
3 | registration must do so in writing on forms prescribed by the | ||||||
4 | Department and pay the required nonrefundable fee. The | ||||||
5 | application shall include without limitation all of the | ||||||
6 | following information: | ||||||
7 | (1) The name, principal place of business, address, and | ||||||
8 | telephone number of the applicant. | ||||||
9 | (2) Verification satisfactory to the Board that the | ||||||
10 | applicant is at least 18 years of age. | ||||||
11 | (3) Disclosure of all settlements and judgments | ||||||
12 | against the applicant. | ||||||
13 | (4) Disclosure of all civil claims and criminal charges | ||||||
14 | pending against the applicant. | ||||||
15 | (b) Before issuing or renewing a certificate of | ||||||
16 | registration, the Department shall require each applicant or | ||||||
17 | registrant to file and maintain in force a surety bond, issued | ||||||
18 | by an insurance company authorized to transact fidelity and | ||||||
19 | surety business in Illinois. The Department shall set the | ||||||
20 | requirements of the bond by rule. | ||||||
21 | (c) The Department may establish further requirements for | ||||||
22 | registration by rule. | ||||||
23 | Section 40. Issuance of certificate. Whenever an applicant | ||||||
24 | for registration has complied with the requirements of Section |
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1 | 35 of this Act, the Department shall issue a certificate of | ||||||
2 | registration to the applicant as a registered residential | ||||||
3 | building general contractor, subject to the provisions of this | ||||||
4 | Act. | ||||||
5 | Section 45. Current address. Every registrant under this | ||||||
6 | Act must maintain a current address with the Department. It | ||||||
7 | shall be the responsibility of the registrant to notify the | ||||||
8 | Department in writing of any change of address. | ||||||
9 | Section 50. Renewal; restoration; military service. | ||||||
10 | (a) The expiration date and renewal period for each | ||||||
11 | certificate of registration issued under this Act shall be set | ||||||
12 | by the Department by rule. | ||||||
13 | (b) Any person who has permitted his or her certificate of | ||||||
14 | registration to expire may have his or her certificate of | ||||||
15 | registration restored by applying to the Department, filing | ||||||
16 | proof acceptable to the Department of his or her fitness to | ||||||
17 | have the registration restored, which may include sworn | ||||||
18 | evidence certifying to active practice in another jurisdiction | ||||||
19 | satisfactory to the Department and paying the required | ||||||
20 | restoration fee. If the person has not maintained an active | ||||||
21 | practice in another jurisdiction satisfactory to the | ||||||
22 | Department, the Board shall determine, by an evaluation program | ||||||
23 | established by rule, the person's fitness to resume active | ||||||
24 | status and may require the successful completion of an |
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1 | examination. | ||||||
2 | (c) Any person whose registration has expired while he or | ||||||
3 | she has been engaged (i) in federal service on active duty with | ||||||
4 | the Armed Forces of the United States or the State Militia | ||||||
5 | called into service or training or (ii) in training or | ||||||
6 | education under the supervision of the United States | ||||||
7 | preliminary to induction into the military service, may have | ||||||
8 | his or her certificate of registration renewed or restored | ||||||
9 | without paying any lapsed renewal fees if, within 2 years after | ||||||
10 | termination of service, training, or education, other than by | ||||||
11 | dishonorable discharge, he or she furnishes the Department with | ||||||
12 | satisfactory evidence to the effect that he or she has been so | ||||||
13 | engaged and that the service, training, or education has been | ||||||
14 | so terminated. | ||||||
15 | (d) Each application for renewal must contain the signature | ||||||
16 | of the residential building general contractor. | ||||||
17 | Section 55. Inactive status. | ||||||
18 | (a) Any residential building general contractor who | ||||||
19 | notifies the Department in writing on forms prescribed by the | ||||||
20 | Department may elect to place his or her certificate of | ||||||
21 | registration on inactive status and shall be excused from | ||||||
22 | payment of renewal fees until he or she notifies the Department | ||||||
23 | in writing of his or her desire to resume active status. | ||||||
24 | (b) Any person whose certificate of registration has been | ||||||
25 | expired for more than 3 years may have his or her certificate |
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1 | restored by making application to the Department and filing | ||||||
2 | proof acceptable to the Department of his or her fitness to | ||||||
3 | have his or her certificate restored, including evidence | ||||||
4 | certifying to active practice in another jurisdiction, and by | ||||||
5 | paying the required restoration fee. | ||||||
6 | (c) Any residential building general contractor whose | ||||||
7 | certificate of registration is on inactive status, has been | ||||||
8 | suspended or revoked, or has expired may not represent himself | ||||||
9 | or herself to be a residential building general contractor or | ||||||
10 | use the title "residential building general contractor", | ||||||
11 | "registered residential building general contractor", or any | ||||||
12 | other title that includes the words "residential building | ||||||
13 | general contractor". | ||||||
14 | Section 60. Fees; disposition of funds. | ||||||
15 | (a) The Department shall establish by rule a schedule of | ||||||
16 | fees for the administration and maintenance of this Act. Such | ||||||
17 | fees shall be nonrefundable. | ||||||
18 | (b) All fees collected pursuant to this Act shall be | ||||||
19 | deposited in the Residential Building General Contractor Fund. | ||||||
20 | All moneys deposited into the Fund may be used for the expenses | ||||||
21 | of the Department in the administration of this Act. | ||||||
22 | Section 65. Roster. The Department shall maintain a roster | ||||||
23 | of the names and addresses of all registrants under this Act. | ||||||
24 | This roster shall be made available upon written request and |
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1 | payment of the required fee; however, the Attorney General may | ||||||
2 | obtain the roster without charge for the purpose of creating | ||||||
3 | and maintaining an Internet website of residential building | ||||||
4 | general contractors. | ||||||
5 | Section 70. Advertising. Any person registered under this | ||||||
6 | Act may advertise the availability of professional services in | ||||||
7 | the public media or on the premises where such professional | ||||||
8 | services are rendered, provided that such advertising is | ||||||
9 | truthful and not misleading. | ||||||
10 | Section 75. Injunction; criminal penalty; cease and desist | ||||||
11 | order. | ||||||
12 | (a) If any person violates the provisions of this Act, the | ||||||
13 | Director may, in the name of the People of the State of | ||||||
14 | Illinois and through the Attorney General or the State's | ||||||
15 | Attorney of any county in which the action is brought, petition | ||||||
16 | for an order enjoining such violation and for an order | ||||||
17 | enforcing compliance with this Act. Upon the filing of a | ||||||
18 | verified petition in court, the court may issue a temporary | ||||||
19 | restraining order, without notice or bond, and may | ||||||
20 | preliminarily and permanently enjoin such violation. If it is | ||||||
21 | established that such person has violated or is violating the | ||||||
22 | injunction, the Court may punish the offender for contempt of | ||||||
23 | court. Proceedings under this Section shall be in addition to, | ||||||
24 | and not in lieu of, all other remedies and penalties provided |
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1 | by this Act. | ||||||
2 | (b) If any person holds himself or herself out as a | ||||||
3 | "residential building general contractor" or "registered | ||||||
4 | residential building general contractor" without being | ||||||
5 | registered under the provisions of this Act, then any | ||||||
6 | registered residential building general contractor, interested | ||||||
7 | party, or person injured thereby may, in addition to the | ||||||
8 | Director, petition for relief as provided in subsection (a) of | ||||||
9 | this Section. | ||||||
10 | (c) Whoever holds himself or herself out as a "residential | ||||||
11 | building general contractor" or "registered residential | ||||||
12 | building general contractor" in this State without being | ||||||
13 | registered for that purpose is guilty of a Class A misdemeanor, | ||||||
14 | and for each subsequent conviction, is guilty of a Class 4 | ||||||
15 | felony. | ||||||
16 | (d) Whenever, in the opinion of the Department, a person | ||||||
17 | violates any provision of this Act, the Department may issue a | ||||||
18 | rule to show cause why an order to cease and desist should not | ||||||
19 | be entered against that person. The rule shall clearly set | ||||||
20 | forth the grounds relied upon by the Department and shall allow | ||||||
21 | the person at least 7 days after the date of the rule to file an | ||||||
22 | answer that is satisfactory to the Department. Failure to | ||||||
23 | answer to the satisfaction of the Department shall cause an | ||||||
24 | order to cease and desist to be issued. | ||||||
25 | Section 80. Disciplinary grounds. |
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1 | (a) The Department may refuse to issue, renew, or may | ||||||
2 | revoke, suspend, place on probation, reprimand, or take other | ||||||
3 | disciplinary action as the Department considers appropriate, | ||||||
4 | including the issuance of fines not to exceed $10,000 for each | ||||||
5 | violation, with regard to any certificate of registration for | ||||||
6 | any one or more of the following causes: | ||||||
7 | (1) Violation of this Act or any rule adopted under | ||||||
8 | this Act. | ||||||
9 | (2) Conviction of any crime under the laws of an U.S. | ||||||
10 | jurisdiction that is a felony or a misdemeanor an essential | ||||||
11 | element of which is dishonesty or that directly relates to | ||||||
12 | the practice of the profession. | ||||||
13 | (3) Making any misrepresentation for the purpose of | ||||||
14 | obtaining a certificate of registration. | ||||||
15 | (4) Professional incompetence or gross negligence in
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16 | the practice of building contracting. | ||||||
17 | (5) Gross malpractice, prima facie evidence of which | ||||||
18 | may be a conviction or judgment of malpractice in any court | ||||||
19 | of competent jurisdiction. | ||||||
20 | (6) Aiding or assisting another person in violating
any | ||||||
21 | provision of this Act or any rule adopted under this Act. | ||||||
22 | (7) Failing, within 60 days, to provide information in
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23 | response to a written request made by the Department that | ||||||
24 | has been sent by certified or registered mail to the | ||||||
25 | registrant's last known address. | ||||||
26 | (8) Engaging in dishonorable, unethical, or
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1 | unprofessional conduct of a character likely to deceive, | ||||||
2 | defraud, or harm the public. | ||||||
3 | (9) Habitual or excessive use of or addiction to
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4 | alcohol, narcotics, stimulants, or any other chemical | ||||||
5 | agent or drug that results in the inability to practice | ||||||
6 | with reasonable judgment, skill, or safety. | ||||||
7 | (10) Discipline by another U.S. jurisdiction or | ||||||
8 | foreign nation, if at least one of the grounds for the | ||||||
9 | discipline is the same or substantially equivalent to those | ||||||
10 | set forth in this Section. | ||||||
11 | (11) Directly or indirectly giving to or receiving
from | ||||||
12 | any person, firm, corporation, partnership, or association | ||||||
13 | any fee, commission, rebate, or other form of compensation | ||||||
14 | for any professional service not actually rendered. | ||||||
15 | (12) A finding by the Department that a registrant, | ||||||
16 | after having his or her certificate of registration placed | ||||||
17 | on probationary status, has violated the terms of | ||||||
18 | probation. | ||||||
19 | (13) Conviction by any court of competent | ||||||
20 | jurisdiction, either within or without this State, of any | ||||||
21 | violation of any law governing the practice of building | ||||||
22 | contracting if the Department determines, after | ||||||
23 | investigation, that such person has not been sufficiently | ||||||
24 | rehabilitated to warrant the public trust. | ||||||
25 | (14) A finding that registration has been applied for | ||||||
26 | or obtained by fraudulent means. |
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1 | (15) Practicing, attempting to practice, or | ||||||
2 | advertising under a name other than the full name as shown | ||||||
3 | on the certificate of registration or any other legally | ||||||
4 | authorized name. | ||||||
5 | (16) Gross and willful overcharging for professional | ||||||
6 | services, including filing false statements for collection | ||||||
7 | of fees or moneys for which services are not rendered. | ||||||
8 | (17) Failure to file a tax return or to pay any final | ||||||
9 | assessment of tax, penalty, or interest, as required by any | ||||||
10 | tax Act administered by the Department of Revenue, until | ||||||
11 | such time as the requirements of any such tax Act are | ||||||
12 | satisfied. | ||||||
13 | (18) Failure to continue to meet the requirements of | ||||||
14 | this Act. | ||||||
15 | (19) Physical or mental disability, including | ||||||
16 | deterioration through the aging process or loss of | ||||||
17 | abilities and skills, that result in an inability to | ||||||
18 | practice the profession with reasonable judgment, skill, | ||||||
19 | or safety. | ||||||
20 | (20) Material misstatement in furnishing information | ||||||
21 | to the Department or to any other State agency. | ||||||
22 | (21) Advertising in any manner that is false, | ||||||
23 | misleading, or deceptive. | ||||||
24 | (22) The determination by a court that a registrant is | ||||||
25 | subject to involuntary admission or judicial admission as | ||||||
26 | provided in the Mental Health and Developmental |
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1 | Disabilities Code. Such determination shall result in an | ||||||
2 | automatic suspension of a registrant's certificate. The | ||||||
3 | suspension shall end upon a finding by a court that the | ||||||
4 | registrant is no longer subject to involuntary admission or | ||||||
5 | judicial admission, the issuance of an order so finding and | ||||||
6 | discharging the patient, and the recommendation of the | ||||||
7 | Board to the Secretary that the registrant be allowed to | ||||||
8 | resume practice within the profession. | ||||||
9 | (b) The Department shall deny the issuance or renewal of | ||||||
10 | any certificate of registration under this Act to any person | ||||||
11 | who has defaulted on an educational loan guaranteed by the | ||||||
12 | Illinois Student Assistance Commission; however, the | ||||||
13 | Department may issue a certificate or renewal if the person in | ||||||
14 | default has established a satisfactory repayment record, as | ||||||
15 | determined by the Illinois Student Assistance Commission.
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16 | Section 85. Investigation; notice of hearing. The | ||||||
17 | Department may investigate the actions or qualifications of any | ||||||
18 | applicant or person holding or claiming to hold a certificate | ||||||
19 | of registration. The Department shall, before suspending or | ||||||
20 | revoking, placing on probation, reprimanding, or taking any | ||||||
21 | other disciplinary action under Section 80 of this Act, at | ||||||
22 | least 30 days before the date set for the hearing, notify the | ||||||
23 | applicant or registrant in writing of the nature of the charges | ||||||
24 | and that a hearing will be held on the date designated. The | ||||||
25 | written notice may be served by personal delivery or certified |
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1 | or registered mail to the applicant or registrant at the | ||||||
2 | address of his or her last notification to the Department. The | ||||||
3 | Department shall direct the applicant or registrant to file a | ||||||
4 | written answer with the Department, under oath, within 20 days | ||||||
5 | after the service of the notice, and inform the person that if | ||||||
6 | he or she fails to file an answer, his or her certificate may | ||||||
7 | be revoked, suspended, placed on probation, reprimanded, or the | ||||||
8 | Department may take any other additional disciplinary action, | ||||||
9 | including the issuance of fines not to exceed $1,000 for each | ||||||
10 | violation, as the Department may consider necessary, without a | ||||||
11 | hearing. At the time and place fixed in the notice, the Board | ||||||
12 | shall proceed to hear the charges and the parties or their | ||||||
13 | counsel. All parties shall be afforded an opportunity to | ||||||
14 | present any statements, testimony, evidence, and arguments as | ||||||
15 | may be pertinent to the charges or to their defense. The Board | ||||||
16 | may continue the hearing from time to time. | ||||||
17 | Section 90. Record of proceedings; transcript. The | ||||||
18 | Department, at its expense, shall preserve a record of all | ||||||
19 | proceedings at the formal hearing of any case involving the | ||||||
20 | refusal to issue, renew, or restore a certificate of | ||||||
21 | registration or the discipline of a registrant. The notice of | ||||||
22 | hearing, complaint, and all other documents in the nature of | ||||||
23 | pleadings and written motions filed in the proceedings, the | ||||||
24 | transcript of testimony, the report of the Board, and the | ||||||
25 | orders of the Department shall be the record of the |
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1 | proceedings. | ||||||
2 | Section 95. Subpoenas; depositions; oaths. The Department | ||||||
3 | may subpoena and bring before it any person and take testimony, | ||||||
4 | either orally, by deposition, or both, with the same fees and | ||||||
5 | mileage and in the same manner as prescribed in civil cases in | ||||||
6 | circuit courts of this State.
The Director, the designated | ||||||
7 | hearing officer, and every member of the Board has the power to | ||||||
8 | administer oaths to witnesses at any hearing which the | ||||||
9 | Department is authorized to conduct, and any other oaths | ||||||
10 | authorized in any Act administered by the Department. | ||||||
11 | Section 100. Compelling testimony. Any court, upon the | ||||||
12 | application of the Department, designated hearing officer, or | ||||||
13 | the applicant or registrant against whom proceedings under | ||||||
14 | Section 80 of this Act are pending, may enter an order | ||||||
15 | requiring the attendance of witnesses and their testimony and | ||||||
16 | the production of documents, papers, files, books, and records | ||||||
17 | in connection with any hearing or investigation. The court may | ||||||
18 | compel obedience to its order by proceedings for contempt. | ||||||
19 | Section 105. Findings and recommendations. At the | ||||||
20 | conclusion of a hearing, the Board shall present to the | ||||||
21 | Director a written report of its findings of fact, conclusions | ||||||
22 | of law, and recommendations. The report shall contain a finding | ||||||
23 | as to whether the registrant violated this Act or failed to |
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1 | comply with the conditions required in this Act. The Board | ||||||
2 | shall specify the nature of the violation or failure to comply | ||||||
3 | and shall make its recommendations to the Director. | ||||||
4 | The report of findings of fact, conclusions of law, and | ||||||
5 | recommendations of the Board shall be the basis for the | ||||||
6 | Department's order for refusal or for the granting of the | ||||||
7 | certificate of registration. If the Director disagrees with the | ||||||
8 | recommendations of the Board, the Director may issue an order | ||||||
9 | in contravention of the Board recommendations. The Director | ||||||
10 | shall provide a written report to the Board on any disagreement | ||||||
11 | and shall specify the reasons for the action in the final | ||||||
12 | order. These findings are not admissible in evidence against | ||||||
13 | the person in a criminal prosecution for violation of this Act, | ||||||
14 | but the hearing and findings shall not serve as a bar to | ||||||
15 | criminal prosecution for violation of this Act. | ||||||
16 | Section 110. Board; rehearing. At the conclusion of a | ||||||
17 | hearing, a copy of the Board's report shall be served upon the | ||||||
18 | accused person, either personally or as provided in this Act | ||||||
19 | for the service of the notice. Within 20 days after such | ||||||
20 | service, the applicant or registrant may present to the | ||||||
21 | Department a motion in writing for a rehearing which shall | ||||||
22 | specify the particular grounds for rehearing. If no motion for | ||||||
23 | a rehearing is filed, then upon the expiration of the time | ||||||
24 | specified for filing such a motion or if a motion for rehearing | ||||||
25 | is denied, then upon the denial, the Director may enter any |
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1 | order in accordance with recommendations of the Board, except | ||||||
2 | as otherwise provided in this Act. If the applicant or | ||||||
3 | registrant requests and pays for a transcript of the record | ||||||
4 | within the time for filing a motion for rehearing, the 20-day | ||||||
5 | period within which a motion may be filed shall commence upon | ||||||
6 | the delivery of the transcript to the applicant or registrant. | ||||||
7 | Whenever the Director is not satisfied that substantial | ||||||
8 | justice has been done, he or she may order a rehearing by the | ||||||
9 | same or another special board. At the expiration of the time | ||||||
10 | specified for filing a motion for a rehearing the Director has | ||||||
11 | the right to take the action recommended by the Board. | ||||||
12 | Section 115. Appointment of a hearing officer. The Director | ||||||
13 | has the authority to appoint any attorney licensed to practice | ||||||
14 | law in the State of Illinois to serve as the hearing officer in | ||||||
15 | any action for refusal to issue or renew a certificate of | ||||||
16 | registration or to discipline a registrant. The Director shall | ||||||
17 | notify the Board of any such appointment. The hearing officer | ||||||
18 | has full authority to conduct the hearing. At least one member | ||||||
19 | of the Board shall attend each hearing. The hearing officer | ||||||
20 | shall report his or her findings of fact, conclusions of law, | ||||||
21 | and recommendations to the Board and the Director. The Board | ||||||
22 | has 60 days after receipt of the report to review it and | ||||||
23 | present its findings of fact, conclusions of law, and | ||||||
24 | recommendations to the Director. If the Board fails to present | ||||||
25 | its report within the 60-day period, the Director shall issue |
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1 | an order based on the report of the hearing officer. If the | ||||||
2 | Director disagrees with the recommendation of the Board or | ||||||
3 | hearing officer, the Director may issue an order in | ||||||
4 | contravention of the recommendation. The Director shall | ||||||
5 | promptly provide a written explanation to the Board on any | ||||||
6 | disagreement. | ||||||
7 | Section 120. Order of certified copy; prima facie proof.
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8 | An order or a certified copy thereof, over the seal of the | ||||||
9 | Department and purporting to be signed by the Director, shall | ||||||
10 | be prima facie proof that: | ||||||
11 | (1) the signature is the genuine signature of the
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12 | Director; | ||||||
13 | (2) the Director is duly appointed and qualified; and | ||||||
14 | (3) the Board and the members thereof are qualified
to | ||||||
15 | act. | ||||||
16 | Section 125. Restoration of suspended or revoked | ||||||
17 | certificate of registration. At any time after the suspension | ||||||
18 | or revocation of any certificate of registration, the | ||||||
19 | Department may restore it to the registrant upon the written | ||||||
20 | recommendation of the Board, unless after an investigation and | ||||||
21 | hearing, the Board determines that restoration is not in the | ||||||
22 | public interest. | ||||||
23 | Section 130. Surrender of certificate of registration. |
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1 | Upon the revocation or suspension of any certificate of | ||||||
2 | registration, the registrant shall immediately surrender his | ||||||
3 | or her certificate to the Department. If the registrant fails | ||||||
4 | to do so, the Department has the right to seize the | ||||||
5 | certificate. | ||||||
6 | Section 135. Summary suspension of a certificate of | ||||||
7 | registration. The Director may summarily suspend a certificate | ||||||
8 | of registration issued under this Act without a hearing, | ||||||
9 | simultaneously with the institution of proceedings for a | ||||||
10 | hearing provided for in this Act, if the Director finds that | ||||||
11 | evidence in the possession of the Director indicates that the | ||||||
12 | continuation in practice by the registrant would constitute an | ||||||
13 | imminent danger to the public. In the event that the Director | ||||||
14 | temporarily suspends the certificate of an individual without a | ||||||
15 | hearing, a hearing must be held within 30 days after such | ||||||
16 | suspension has occurred. | ||||||
17 | Section 140. Administrative Review Law; venue. | ||||||
18 | (a) All final administrative decisions of the Department | ||||||
19 | are subject to judicial review under the Administrative Review | ||||||
20 | Law and its rules. The term "administrative decision" is | ||||||
21 | defined as in Section 3-101 of the Code of Civil Procedure. | ||||||
22 | (b) Proceedings for judicial review shall be commenced in | ||||||
23 | the circuit court of the county in which the party applying for | ||||||
24 | review resides, but if the party is not a resident of this |
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1 | State, the venue shall be in Sangamon County. | ||||||
2 | Section 145. Certification of record; costs. The | ||||||
3 | Department shall not be required to certify any record to the | ||||||
4 | court or file an answer in court or to otherwise appear in any | ||||||
5 | court in a judicial review proceeding, unless there is filed in | ||||||
6 | the court with the complaint a receipt from the Department | ||||||
7 | acknowledging payment of the costs of furnishing and certifying | ||||||
8 | the record. Failure on the part of the plaintiff to file such | ||||||
9 | receipt in court shall be grounds for dismissal of the action. | ||||||
10 | Section 150. Administrative Procedure Act. The Illinois | ||||||
11 | Administrative Procedure Act is hereby expressly adopted and | ||||||
12 | incorporated herein as if all of the provisions of that Act | ||||||
13 | were included in this Act, except that the provision of | ||||||
14 | subsection (d) of Section 10-65 of the Illinois Administrative | ||||||
15 | Procedure Act that provides that at hearings the registrant has | ||||||
16 | the right to show compliance with all lawful requirements for | ||||||
17 | retention, continuation, or renewal of the certificate is | ||||||
18 | specifically excluded. For the purposes of this Act, the notice | ||||||
19 | required under Section 10-25 of the Illinois Administrative | ||||||
20 | Procedure Act is deemed sufficient when mailed to the last | ||||||
21 | known address of a party. | ||||||
22 | Section 165. Home rule. This Act shall not be construed to | ||||||
23 | limit the power of a unit of local government from regulating |
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1 | or licensing the practice of residential building general | ||||||
2 | contracting in a stricter manner. This Section is a limitation | ||||||
3 | under subsection (i) of Section 6 of Article VII of the | ||||||
4 | Illinois Constitution on the concurrent exercise by home rule | ||||||
5 | units of powers and functions exercised by the State. | ||||||
6 | Section 900. The Regulatory Sunset Act is amended by adding | ||||||
7 | Section 4.28 as follows: | ||||||
8 | (5 ILCS 80/4.28 new) | ||||||
9 | Sec. 4.28. Act repealed on January 1, 2018. The following | ||||||
10 | Act is repealed on January 1, 2018: | ||||||
11 | The Residential Building General Contractor Act. | ||||||
12 | Section 905. The State Finance Act is amended by adding | ||||||
13 | Section 5.675 as follows: | ||||||
14 | (30 ILCS 105/5.675 new) | ||||||
15 | Sec. 5.675. The Residential Building General Contractor | ||||||
16 | Fund.
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17 | Section 999. Effective date. This Act takes effect upon | ||||||
18 | becoming law.".
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