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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Professional Geologist Licensing Act is | ||||||||||||||||||||||||
5 | amended by changing Sections 15, 20, 25, 30, 35, 40, 45, 50, | ||||||||||||||||||||||||
6 | 60, 65, 70, 75, 80, 85, 90, 105, 110, 115, 120, 125, 135, 140, | ||||||||||||||||||||||||
7 | 145, and 160 and by adding Sections 17 and 51 as follows:
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8 | (225 ILCS 745/15)
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9 | (Section scheduled to be repealed on January 1, 2016)
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10 | Sec. 15. Definitions. In this Act:
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11 | "Board" means the Board of Licensing for Professional | ||||||||||||||||||||||||
12 | Geologists.
| ||||||||||||||||||||||||
13 | "Department" means the Department of Financial and | ||||||||||||||||||||||||
14 | Professional Regulation.
| ||||||||||||||||||||||||
15 | "Director" means the Director of Professional Regulation.
| ||||||||||||||||||||||||
16 | "Enrollment" means the recording by the Department of those | ||||||||||||||||||||||||
17 | individuals who have met the requirements specified in this Act | ||||||||||||||||||||||||
18 | for a Geologist Intern and the issuance of a certificate of | ||||||||||||||||||||||||
19 | enrollment to such individuals. | ||||||||||||||||||||||||
20 | "Geologist" means an individual who, by reason of his or | ||||||||||||||||||||||||
21 | her knowledge of
geology, mathematics, and the physical and | ||||||||||||||||||||||||
22 | life sciences, acquired by education
and practical experience | ||||||||||||||||||||||||
23 | as defined by this Act, is capable of practicing the
science of |
| |||||||
| |||||||
1 | geology.
| ||||||
2 | "Geologist Intern" means an individual enrolled with the | ||||||
3 | Department who has knowledge of geology, mathematics, and the | ||||||
4 | physical and life sciences, obtained by education, as defined | ||||||
5 | in this Act, and has passed the examination on the fundamentals | ||||||
6 | of geology administered by the Department with the advice and | ||||||
7 | consent of the Board. | ||||||
8 | "Geology" means the science that includes the treatment of | ||||||
9 | the earth and its
origin and history including, but not limited | ||||||
10 | to, (i) the investigation of the
earth's crust and
interior and | ||||||
11 | the solids and fluids, including all surface and
underground | ||||||
12 | waters, gases, and other materials that compose the earth as | ||||||
13 | they
may relate to geologic processes; (ii) the study of the | ||||||
14 | natural agents, forces,
and
processes that cause changes in the | ||||||
15 | earth; and (iii) the utilization of this
knowledge of the earth | ||||||
16 | and its solids, fluids, and gases, and their collective
| ||||||
17 | properties and processes, for the benefit of humankind.
| ||||||
18 | "Person" or "individual" means a natural person.
| ||||||
19 | "Practice of professional geology" means the performance | ||||||
20 | of,
or the offer to perform, the services of a geologist, | ||||||
21 | including consultation,
investigation, evaluation, planning, | ||||||
22 | mapping, inspection of geologic work, and
other services that | ||||||
23 | require extensive knowledge of geologic laws, formulas,
| ||||||
24 | principles, practice, and methods of data interpretation.
| ||||||
25 | A person shall be construed to practice or offer to | ||||||
26 | practice professional
geology, within the meaning and intent of |
| |||||||
| |||||||
1 | this Act, if that person (i) by
verbal claim, sign,
| ||||||
2 | advertisement, letterhead, card, or any other means, | ||||||
3 | represents himself or
herself
to be a Licensed Professional | ||||||
4 | Geologist professional geologist or through the use of some | ||||||
5 | title implies
that he or she is a Licensed Professional | ||||||
6 | Geologist professional geologist or is licensed under this
Act | ||||||
7 | or (ii) holds himself or herself out as able to perform or does | ||||||
8 | perform
services or work defined in this Act as the practice of
| ||||||
9 | professional geology.
| ||||||
10 | Examples of the practice of professional geology include, | ||||||
11 | but are not limited
to, the
conduct of, or responsible charge | ||||||
12 | for, the following types of activities: (i)
mapping,
sampling,
| ||||||
13 | and analysis of earth materials, interpretation of data, and | ||||||
14 | the preparation of
oral or written testimony regarding the | ||||||
15 | probable geological causes of
events;
(ii) planning, review, | ||||||
16 | and supervision of data gathering activities,
interpretation | ||||||
17 | of geological data gathered by direct and indirect means,
| ||||||
18 | preparation of geological maps, cross-sections, interpretive | ||||||
19 | maps and reports
for the purpose of evaluating regional or site | ||||||
20 | specific geological conditions;
(iii) the planning, review, | ||||||
21 | and supervision of data
gathering activities and | ||||||
22 | interpretation of data on regional or site specific
geological | ||||||
23 | characteristics affecting groundwater;
(iv) the interpretation | ||||||
24 | of
geological conditions on the surface and at depth at a | ||||||
25 | specific site on the
Earth's surface for the purpose of | ||||||
26 | determining whether those conditions
correspond to a geologic |
| |||||||
| |||||||
1 | map of the site; and (v) the conducting of
environmental | ||||||
2 | property audits.
| ||||||
3 | "Licensed Professional Geologist professional geologist " | ||||||
4 | means an individual who is licensed under
this Act to engage in | ||||||
5 | the practice of professional geology in
Illinois.
| ||||||
6 | "Responsible charge" means the independent control and | ||||||
7 | direction, by use of
initiative, skill, and independent | ||||||
8 | judgment, of geological work or the
supervision of that work. | ||||||
9 | "Secretary" means the Secretary of Financial and | ||||||
10 | Professional Regulation.
| ||||||
11 | (Source: P.A. 89-366, eff. 7-1-96 .)
| ||||||
12 | (225 ILCS 745/17 new)
| ||||||
13 | (Section scheduled to be repealed on January 1, 2016) | ||||||
14 | Sec. 17. References to Department or Director of | ||||||
15 | Professional Regulation. References in this Act (i) to the | ||||||
16 | Department of Professional Regulation are deemed, in | ||||||
17 | appropriate contexts, to be references to the Department of | ||||||
18 | Financial and Professional Regulation and (ii) to the Director | ||||||
19 | of Professional Regulation are deemed, in appropriate | ||||||
20 | contexts, to be references to the Secretary of Financial and | ||||||
21 | Professional Regulation.
| ||||||
22 | (225 ILCS 745/20)
| ||||||
23 | (Section scheduled to be repealed on January 1, 2016)
| ||||||
24 | Sec. 20. Exemptions. Nothing in this Act shall be construed |
| |||||||
| |||||||
1 | to restrict
the use of the title "geologist" or similar words | ||||||
2 | by any person engaged in a
practice of geology exempted under | ||||||
3 | this Act, provided the person does not hold
himself or herself | ||||||
4 | out as being a Licensed Professional Geologist licensed | ||||||
5 | professional geologist or does not
practice
professional | ||||||
6 | geology in a manner requiring licensure under this Act.
| ||||||
7 | Performance of the following activities does not require | ||||||
8 | licensure as a
Licensed Professional Geologist licensed | ||||||
9 | professional geologist under this Act:
| ||||||
10 | (a) The practice of professional geology by an employee or | ||||||
11 | a subordinate of
a licensee under this Act, provided the work | ||||||
12 | does not include responsible
charge of geological work and is | ||||||
13 | performed under the direct
supervision of a Licensed | ||||||
14 | Professional Geologist licensed professional geologist who is | ||||||
15 | responsible for
the work.
| ||||||
16 | (b) The practice of professional geology by officers and | ||||||
17 | employees of the
United States government within the scope of | ||||||
18 | their employment.
| ||||||
19 | (c) The practice of professional geology as geologic | ||||||
20 | research to advance
basic knowledge for the purpose of offering | ||||||
21 | scientific papers, publications, or
other presentations (i) | ||||||
22 | before meetings of scientific societies, (ii) internal
to a
| ||||||
23 | partnership, corporation, proprietorship, or government | ||||||
24 | agency, or (iii) for
publication
in scientific journals, or in | ||||||
25 | books.
| ||||||
26 | (d) The teaching of geology in schools, colleges, or |
| |||||||
| |||||||
1 | universities, as
defined by rule.
| ||||||
2 | (e) The practice of professional geology exclusively in the | ||||||
3 | exploration for
or development of energy resources or base, | ||||||
4 | precious and nonprecious minerals,
including sand, gravel, and | ||||||
5 | aggregate, that does not require, by law, rule,
or ordinance, | ||||||
6 | the submission of reports, documents, or oral or written
| ||||||
7 | testimony
to public agencies. Public agencies may, by law or by | ||||||
8 | rule, allow required
oral
or written testimony, reports, permit | ||||||
9 | applications, or other documents based on
the science of | ||||||
10 | geology to be submitted to them by persons not licensed under
| ||||||
11 | this Act. Unless otherwise required by State or federal law, | ||||||
12 | public agencies
may not require that the geology-based aspects | ||||||
13 | of testimony, reports, permits,
or other documents so exempted | ||||||
14 | be reviewed by,
approved, or otherwise certified by any person | ||||||
15 | who is not a Licensed Professional Geologist licensed
| ||||||
16 | professional geologist . Licensure is not required for the
| ||||||
17 | submission and review of reports or documents or the provision | ||||||
18 | of oral or
written
testimony made under the Well Abandonment | ||||||
19 | Act, the Illinois
Oil and Gas Act, the Surface Coal Mining Land | ||||||
20 | Conservation and Reclamation Act,
or the Surface-Mined Land | ||||||
21 | Conservation and Reclamation Act.
| ||||||
22 | (f) The practice of professional engineering as defined in | ||||||
23 | the Professional
Engineering Practice Act of 1989.
| ||||||
24 | (g) The practice of structural engineering as defined in | ||||||
25 | the Structural
Engineering
Practice Act of 1989.
| ||||||
26 | (h) The practice of architecture as defined in the Illinois |
| |||||||
| |||||||
1 | Architecture
Practice Act of 1989.
| ||||||
2 | (i) The practice of land surveying as defined in the | ||||||
3 | Illinois Professional
Land Surveyor
Act of 1989.
| ||||||
4 | (j) The practice of landscape architecture as defined in | ||||||
5 | the Illinois
Landscape Architecture Act of 1989.
| ||||||
6 | (Source: P.A. 91-91, eff. 1-1-00 .)
| ||||||
7 | (225 ILCS 745/25)
| ||||||
8 | (Section scheduled to be repealed on January 1, 2016)
| ||||||
9 | Sec. 25. Restrictions and limitations. No person shall, | ||||||
10 | without a valid
license issued by the Department (i) in any | ||||||
11 | manner hold himself or herself out
to the public as a Licensed | ||||||
12 | Professional Geologist licensed professional geologist ; (ii)
| ||||||
13 | attach the title "Licensed Professional Geologist" to his or | ||||||
14 | her name; or
(iii) render or offer
to render to individuals, | ||||||
15 | corporations, or public agencies services
constituting the | ||||||
16 | practice of professional geology.
| ||||||
17 | Individuals practicing geology in Illinois as of the | ||||||
18 | effective
date of this amendatory Act of 1997 may continue to | ||||||
19 | practice as provided in
this Act until the Department has | ||||||
20 | adopted rules implementing this Act. To
continue practicing | ||||||
21 | geology after the adoption of rules, individuals shall
apply | ||||||
22 | for licensure within 180 days after the effective date of the | ||||||
23 | rules. If
an application is received during the 180-day period, | ||||||
24 | the individual may
continue to practice until the Department | ||||||
25 | acts to grant or deny licensure. If
an application is not filed |
| |||||||
| |||||||
1 | within the 180-day period, the individual must
cease the | ||||||
2 | practice of geology at the conclusion of the 180-day period and | ||||||
3 | until
the Department acts to grant a license to
the individual.
| ||||||
4 | (Source: P.A. 89-366, eff. 7-1-96; 90-61, eff. 12-30-97 .)
| ||||||
5 | (225 ILCS 745/30)
| ||||||
6 | (Section scheduled to be repealed on January 1, 2016)
| ||||||
7 | Sec. 30. Powers and duties of the Department. Subject to | ||||||
8 | the provisions
of this Act, the Department may:
| ||||||
9 | (a) Authorize examinations to ascertain the qualifications | ||||||
10 | and fitness of
applicants for licensing or enrollment as | ||||||
11 | Licensed Professional Geologists, Licensed Specialty | ||||||
12 | Geologists, or Geologist Interns licensed professional | ||||||
13 | geologists or as licensed
specialty geologists , as defined by | ||||||
14 | the Board, and pass upon the qualifications
of applicants for | ||||||
15 | licensure by endorsement.
| ||||||
16 | (b) Conduct hearings on proceedings to refuse to issue or | ||||||
17 | renew or to revoke
licenses or certificates of enrollment or | ||||||
18 | suspend, place on probation, or reprimand persons licensed
or | ||||||
19 | enrolled under this Act, and to refuse to issue or renew or to | ||||||
20 | revoke licenses or certificates of enrollment , or
suspend, | ||||||
21 | place on probation, or reprimand persons licensed or enrolled | ||||||
22 | under this
Act.
| ||||||
23 | (c) Formulate rules required for the administration of this
| ||||||
24 | Act.
| ||||||
25 | (d) Obtain written recommendations from the Board |
| |||||||
| |||||||
1 | regarding (i) definitions
of
curriculum content and approval of | ||||||
2 | geological curricula, standards of
professional conduct, and | ||||||
3 | formal disciplinary actions and the formulation of
rules | ||||||
4 | affecting these matters and (ii) when petitioned by the | ||||||
5 | applicant,
opinions
regarding the qualifications of applicants | ||||||
6 | for licensing or enrolling .
| ||||||
7 | (e) Maintain rosters of the names and addresses of all | ||||||
8 | licensees , enrollees , and all
persons whose licenses or | ||||||
9 | certificates of enrollment have been suspended, revoked, or | ||||||
10 | denied renewal for
cause within the previous calendar year. | ||||||
11 | These rosters shall be available upon
written request and | ||||||
12 | payment of the required fee.
| ||||||
13 | (Source: P.A. 89-366, eff. 7-1-96 .)
| ||||||
14 | (225 ILCS 745/35)
| ||||||
15 | (Section scheduled to be repealed on January 1, 2016)
| ||||||
16 | Sec. 35. Board of Licensing for Professional Geologists; | ||||||
17 | members;
qualifications; duties.
| ||||||
18 | (a) The Director shall appoint a Board of Licensing
for
| ||||||
19 | Professional Geologists which shall serve in an advisory | ||||||
20 | capacity to the
Director. The Board shall be composed of 8 | ||||||
21 | persons, 7 of whom shall be voting
members appointed by the | ||||||
22 | Director, who shall give due consideration to
recommendations | ||||||
23 | by members of the profession of geology and of geology
| ||||||
24 | organizations within the State. In addition, the State | ||||||
25 | Geologist or his
or her
designated representative, shall be an |
| |||||||
| |||||||
1 | advisory, non-voting member of the
Board.
| ||||||
2 | (b) Insofar as possible, the geologists appointed to serve
| ||||||
3 | on the Board shall be generally representative of the | ||||||
4 | occupational and
geographical distribution
of geologists | ||||||
5 | within this State.
| ||||||
6 | (c) Of the 7 appointed voting members of the Board, 6 shall | ||||||
7 | be geologists
and one shall be a member of the general public | ||||||
8 | with no family or business
connection with the practice of | ||||||
9 | geology.
| ||||||
10 | (d) Each of the first appointed geologist members of the | ||||||
11 | Board shall have at
least 10 years of active geological | ||||||
12 | experience and shall possess the education
and experience | ||||||
13 | required for licensure. Each subsequently appointed
geologist | ||||||
14 | member of the Board shall be a Licensed Professional Geologist | ||||||
15 | professional geologist licensed
under this Act.
| ||||||
16 | (e) Of the initial appointments, the Director shall appoint | ||||||
17 | 3 voting members
for a term of
4 years, 2 voting members for a | ||||||
18 | term of 3 years, and 2 voting members for a
term of 2 years. | ||||||
19 | Thereafter, voting members shall be appointed for 4-year
terms. | ||||||
20 | Terms shall commence on the 3rd Monday in January.
| ||||||
21 | (f) Members shall hold office until the expiration of their | ||||||
22 | terms or until
their successors have been appointed and have | ||||||
23 | qualified.
| ||||||
24 | (g) No voting member of the Board shall serve more than 2 | ||||||
25 | consecutive full
terms.
| ||||||
26 | (h) Vacancies in the membership of the Board shall be |
| |||||||
| |||||||
1 | filled by appointment
for the unexpired term.
| ||||||
2 | (i) The Director may remove or suspend any member of the | ||||||
3 | Board for cause at
any time before the expiration of his or her | ||||||
4 | term.
| ||||||
5 | (j) The Board shall annually elect one of its members as | ||||||
6 | chairperson.
| ||||||
7 | (k) The members of the Board shall be reimbursed for all | ||||||
8 | legitimate
and necessary expenses authorized by the Department | ||||||
9 | incurred in attending the
meetings of the
Board.
| ||||||
10 | (l) The Board may make recommendations to the Director to | ||||||
11 | establish the
examinations and their method of grading.
| ||||||
12 | (m) The Board may submit written recommendations to the | ||||||
13 | Director
concerning
formulation of rules and a Code of | ||||||
14 | Professional Conduct and Ethics. The Board
may recommend or | ||||||
15 | endorse revisions and amendments to the Code and to the
rules | ||||||
16 | from time to time.
| ||||||
17 | (n) The Board may make recommendations on matters relating | ||||||
18 | to continuing
education of Licensed Professional Geologist | ||||||
19 | licensed professional geologists , including the number of | ||||||
20 | hours
necessary for license renewal, waivers for those unable | ||||||
21 | to meet that
requirement, and acceptable course content. These | ||||||
22 | recommendations shall not
impose an undue burden on the | ||||||
23 | Department or an unreasonable restriction on
those seeking a | ||||||
24 | license renewal. | ||||||
25 | (o) A majority of Board members currently appointed | ||||||
26 | constitutes a quorum. A quorum is required for all Board |
| |||||||
| |||||||
1 | decisions.
| ||||||
2 | (Source: P.A. 89-366, eff. 7-1-96 .)
| ||||||
3 | (225 ILCS 745/40)
| ||||||
4 | (Section scheduled to be repealed on January 1, 2016)
| ||||||
5 | Sec. 40. Application for original license or enrollment . | ||||||
6 | (a) Applications for original
licensure as a Licensed | ||||||
7 | Professional Geologist licenses shall be made to the Department | ||||||
8 | on forms prescribed by the Department
and accompanied by the | ||||||
9 | required fee. All applications shall contain the
information | ||||||
10 | that, in the judgment of the Department, will enable the | ||||||
11 | Department
to pass on the qualifications of the applicant for a | ||||||
12 | license to practice as a
Licensed Professional Geologist | ||||||
13 | licensed professional geologist . | ||||||
14 | (b) Applications for enrollment as a Geologist Intern shall | ||||||
15 | be made to the Department on forms prescribed by the Department | ||||||
16 | and accompanied by the required fee. All applications shall | ||||||
17 | contain the information that, in the judgment of the | ||||||
18 | Department, will enable the Department to pass on the | ||||||
19 | qualifications of the applicant to take the examination on the | ||||||
20 | theory and fundamentals of the science of geology and be | ||||||
21 | enrolled as a Geologist Intern.
| ||||||
22 | (Source: P.A. 89-366, eff. 7-1-96 .)
| ||||||
23 | (225 ILCS 745/45)
| ||||||
24 | (Section scheduled to be repealed on January 1, 2016)
|
| |||||||
| |||||||
1 | Sec. 45. Examination; failure or refusal to take the | ||||||
2 | examination.
| ||||||
3 | (a) The Department shall authorize examinations of | ||||||
4 | applicants for original Professional Geologist licensure and | ||||||
5 | Geologist Intern enrollment at such times
and places as it may | ||||||
6 | determine. The examination for Professional Geologist | ||||||
7 | licensure examinations shall be be a 2-part exam, with one part | ||||||
8 | of a character to
fairly testing test an applicant's | ||||||
9 | qualifications to practice professional geology and
knowledge | ||||||
10 | of the theory and practice of the science of geology, including
| ||||||
11 | subjects that are generally taught in curricula of accredited | ||||||
12 | colleges and
universities , and the other part fairly testing | ||||||
13 | the applicant's knowledge of the practical application and | ||||||
14 | practice of the theory and science of geology. Applicants for | ||||||
15 | Geologist Intern enrollment must take only that part of the | ||||||
16 | examination that fairly tests the knowledge of the theory and | ||||||
17 | fundamentals of the science of geology .
| ||||||
18 | (b) Applicants who are required to take an examination for | ||||||
19 | examinations shall pay, either to the Department or to
the
| ||||||
20 | designated testing service, a fee covering the cost of | ||||||
21 | providing the
examination. Failure to appear for the required | ||||||
22 | examination on the scheduled date at
the time and place | ||||||
23 | specified after the application for examination has been
| ||||||
24 | received and acknowledged by the Department or the designated | ||||||
25 | testing service
shall result in forfeiture of the examination | ||||||
26 | fee.
|
| |||||||
| |||||||
1 | (c) If the applicant neglects, fails, or refuses to take a | ||||||
2 | required an examination or
fails to pass a required an | ||||||
3 | examination for a license under this Act within 3 years after
| ||||||
4 | filing an application, the application shall be denied. | ||||||
5 | However, the applicant
may thereafter submit a new application | ||||||
6 | accompanied by the required fee. The
applicant shall meet the | ||||||
7 | requirements in force at the time of making the new
| ||||||
8 | application.
| ||||||
9 | (d) The Department may employ consultants for the purpose | ||||||
10 | of preparing and
conducting examinations.
| ||||||
11 | (e) The Department shall have the authority to adopt or | ||||||
12 | recognize, in part
or in whole, examinations prepared, | ||||||
13 | administered, or graded by other
organizations that are | ||||||
14 | determined appropriate to measure the qualifications of
an | ||||||
15 | applicant for licensure as a Licensed Professional Geologist or | ||||||
16 | enrollment as a Geologist Intern professional geologist .
| ||||||
17 | (Source: P.A. 89-366, eff. 7-1-96 .)
| ||||||
18 | (225 ILCS 745/50)
| ||||||
19 | (Section scheduled to be repealed on January 1, 2016)
| ||||||
20 | Sec. 50. Qualifications for licensure.
| ||||||
21 | (a) The Department may issue a license to practice as a | ||||||
22 | Licensed Professional Geologist licensed
professional | ||||||
23 | geologist to any applicant who meets the following | ||||||
24 | qualifications:
| ||||||
25 | (1) The applicant has completed an application form and |
| |||||||
| |||||||
1 | paid submitted the
required fees.
| ||||||
2 | (2) The applicant is of good ethical character, | ||||||
3 | including compliance with
the Code of Professional Conduct | ||||||
4 | and Ethics under this Act, and
has not
committed any act or | ||||||
5 | offense in any jurisdiction that would constitute the
basis | ||||||
6 | for disciplining a Licensed Professional Geologist | ||||||
7 | professional geologist licensed under this Act.
| ||||||
8 | (3) The applicant has earned a degree in geology from | ||||||
9 | an accredited
college or university, as established by | ||||||
10 | rule, with a minimum of 30 semester or
45 quarter hours of
| ||||||
11 | course credits in geology, of which 24 semester or 36 | ||||||
12 | quarter hours are in
upper level courses. The Department | ||||||
13 | may, upon the recommendation of the
Board, allow the | ||||||
14 | substitution of
appropriate experience as a geologist for | ||||||
15 | prescribed educational requirements
as established by | ||||||
16 | rule.
| ||||||
17 | (4) The applicant has a documented record of a minimum | ||||||
18 | of 4 years of
professional experience, obtained after | ||||||
19 | completion of the education
requirements specified in this | ||||||
20 | Section, in geologic or directly related work,
| ||||||
21 | demonstrating that the applicant is qualified to assume | ||||||
22 | responsible charge of
such work upon licensure as a | ||||||
23 | Licensed Professional Geologist professional geologist or | ||||||
24 | such specialty of
professional geology that the
Board may | ||||||
25 | recommend and the Department may recognize. The Department | ||||||
26 | may
require evidence acceptable to it that up to 2 years of |
| |||||||
| |||||||
1 | professional experience
have been gained under the | ||||||
2 | supervision of a person licensed under this Act or
similar | ||||||
3 | Acts in any other state, or under the supervision of others | ||||||
4 | who, in the
opinion of the Department, are qualified to | ||||||
5 | have responsible charge of
geological work under this Act.
| ||||||
6 | (5) The applicant has passed an examination authorized | ||||||
7 | by the Department
for the practice as a Licensed | ||||||
8 | Professional Geologist of
professional geology .
| ||||||
9 | (6) The applicant has complied with all other | ||||||
10 | requirements of this Act and
rules established for the | ||||||
11 | implementation of this Act.
| ||||||
12 | (b) Professional Geologist licensure A license to practice | ||||||
13 | professional geology shall not be denied any
applicant because | ||||||
14 | of the applicant's race, religion, creed, national origin,
| ||||||
15 | political beliefs or activities, age, sex, sexual orientation, | ||||||
16 | or physical
impairment.
| ||||||
17 | (Source: P.A. 89-366, eff. 7-1-96 .)
| ||||||
18 | (225 ILCS 745/51 new) | ||||||
19 | (Section scheduled to be repealed on January 1, 2016) | ||||||
20 | Sec. 51. Qualifications for Geologist Intern enrollment; | ||||||
21 | final expiration of enrollment; Department powers and duties. | ||||||
22 | (a) The Department may enroll as a Geologist Intern any | ||||||
23 | applicant who meets the following qualifications: | ||||||
24 | (1) The applicant has completed an application form and | ||||||
25 | paid the
required fees. |
| |||||||
| |||||||
1 | (2) The applicant has (i) earned a degree in geology | ||||||
2 | from an accredited
college or university, as established by | ||||||
3 | rule, with a minimum of 30 semester or
45 quarter hours of
| ||||||
4 | course credits in geology, of which 24 semester or 36 | ||||||
5 | quarter hours are in
upper level courses or (ii) is in the | ||||||
6 | final semester of a program leading to a degree as set | ||||||
7 | forth in item (i) of this subparagraph (2). The Department | ||||||
8 | may not issue a certificate of enrollment under this | ||||||
9 | Section unless and until an applicant provides proof | ||||||
10 | acceptable to the Department of having obtained the | ||||||
11 | required degree within 12 months after having passed the | ||||||
12 | required enrollment examination. | ||||||
13 | (3) The applicant has passed the required examination | ||||||
14 | on the theory and fundamentals of the science of geology, | ||||||
15 | as required under Section 45 of this Act. | ||||||
16 | (b) A Geologist Intern in good standing may renew his or | ||||||
17 | her certificate of enrollment upon payment to the Department of | ||||||
18 | the required fee; however, the life of a certificate of | ||||||
19 | enrollment issued under this Section may not extend past a | ||||||
20 | period of 10 years and shall automatically and permanently | ||||||
21 | expire upon the end of the 10-year period if the enrollee fails | ||||||
22 | to apply for and successfully meet the requirements for | ||||||
23 | licensure as a Licensed Professional Geologist, including the | ||||||
24 | successful passage of the that part of the Licensed | ||||||
25 | Professional Geologist examination that fairly tests the | ||||||
26 | practical application and practice of the science of geology, |
| |||||||
| |||||||
1 | as set forth in Section 45 of this Act. | ||||||
2 | (c) Geologist Intern enrollment shall not be denied any
| ||||||
3 | applicant because of the applicant's race, religion, creed, | ||||||
4 | national origin,
political beliefs or activities, age, sex, | ||||||
5 | sexual orientation, or physical
impairment.
| ||||||
6 | (225 ILCS 745/60)
| ||||||
7 | (Section scheduled to be repealed on January 1, 2016)
| ||||||
8 | Sec. 60. Seals.
| ||||||
9 | (a) Upon licensure, each licensee shall obtain a seal of a | ||||||
10 | design
as required by rule bearing the licensee's
name, license | ||||||
11 | number, and the legend "Licensed
Professional Geologist".
| ||||||
12 | (b) All preliminary, draft, and final geologic reports, | ||||||
13 | documents,
permits, affidavits, maps, boring logs, sections
or | ||||||
14 | other records offered to the public and prepared or issued by | ||||||
15 | or under the
supervision of a Licensed Professional Geologist | ||||||
16 | licensed professional geologist shall include the full name,
| ||||||
17 | signature, and license number of the licensee, and the date of | ||||||
18 | license
expiration of the person who prepared the document or | ||||||
19 | under whose supervision
it was prepared, and an impression of | ||||||
20 | the licensee's seal, in accordance with
rules issued by the | ||||||
21 | Department.
| ||||||
22 | (c) The Licensed Professional Geologist licensed | ||||||
23 | professional geologist who has contract responsibility
shall | ||||||
24 | seal a cover sheet of the professional work products and those
| ||||||
25 | individual portions of the professional work products for which |
| |||||||
| |||||||
1 | the Licensed Professional Geologist licensed
professional | ||||||
2 | geologist is legally and professionally responsible. A | ||||||
3 | Licensed Professional Geologist licensed
professional
| ||||||
4 | geologist practicing as the support professional shall seal | ||||||
5 | those individual
portions of professional work products for | ||||||
6 | which that Licensed Professional Geologist licensed | ||||||
7 | professional
geologist is legally and professionally | ||||||
8 | responsible.
| ||||||
9 | (d) The use of a Licensed Professional Geologist's licensed | ||||||
10 | professional geologist's seal on professional work
products
| ||||||
11 | constitutes a representation that the work prepared by or under | ||||||
12 | the personal
supervision of that Licensed Professional | ||||||
13 | Geologist licensed professional geologist has been prepared | ||||||
14 | and
administered in accordance with the standards of reasonable | ||||||
15 | professional skill
and diligence.
| ||||||
16 | (e) It is unlawful to affix one's seal to professional work | ||||||
17 | products if it
masks the true identity of the person who | ||||||
18 | actually exercised direction,
supervision, and responsible | ||||||
19 | charge of the preparation of that work. A
Licensed Professional | ||||||
20 | Geologist licensed professional geologist who signs and seals | ||||||
21 | professional work
products is not responsible for damage caused | ||||||
22 | by subsequent changes to or uses
of those professional work | ||||||
23 | products, if the subsequent changes or uses,
including changes | ||||||
24 | or uses made by State or local government agencies, are not
| ||||||
25 | authorized or approved by the
Licensed Professional Geologist | ||||||
26 | licensed professional geologist who originally signed and |
| |||||||
| |||||||
1 | sealed the
professional work products.
| ||||||
2 | (Source: P.A. 89-366, eff. 7-1-96 .)
| ||||||
3 | (225 ILCS 745/65)
| ||||||
4 | (Section scheduled to be repealed on January 1, 2016)
| ||||||
5 | Sec. 65. Expiration and renewal of license and certificate | ||||||
6 | of enrollment . The expiration date and
renewal period for each | ||||||
7 | license and certificate of enrollment shall be set by rule. A
| ||||||
8 | Professional Geologist professional geologist whose license | ||||||
9 | has expired may reinstate
his or her license at any time within | ||||||
10 | 5 years after the
expiration thereof, by making a renewal | ||||||
11 | application and by paying the required
fee. The Department | ||||||
12 | shall establish by rule the conditions for the reinstatement of | ||||||
13 | a certificate of enrollment of a Geologist Intern whose | ||||||
14 | enrollment has lapsed through non-payment of the required fees. | ||||||
15 | However, any Professional Geologist or Geologist Intern | ||||||
16 | professional geologist whose license expired
while he or she | ||||||
17 | was (i) on active duty with the Armed Forces of the United
| ||||||
18 | States or called into service or training by the State militia | ||||||
19 | or (ii) in
training or education under the supervision of the | ||||||
20 | United States preliminary to
induction into the military | ||||||
21 | service, may have his or her professional geologist
license or | ||||||
22 | certificate renewed, reinstated, or restored without paying | ||||||
23 | any
lapsed renewal fees if within 2 years after termination of | ||||||
24 | the service,
training, or education the Professional Geologist | ||||||
25 | or Geologist Intern professional geologist furnishes the |
| |||||||
| |||||||
1 | Department with
satisfactory evidence of service, training, or | ||||||
2 | education and it has been
terminated under honorable | ||||||
3 | conditions.
| ||||||
4 | Any Professional Geologist professional geologist whose | ||||||
5 | license has expired for more
than 5 years may have it restored | ||||||
6 | by making application to the Department,
paying the required | ||||||
7 | fee, and
filing acceptable proof of fitness to have the license | ||||||
8 | restored.
The proof may include sworn evidence certifying | ||||||
9 | active practice in another
jurisdiction.
If the geologist
has | ||||||
10 | not practiced for 5 years or more, the Board shall determine by | ||||||
11 | an
evaluation program established by rule, whether that | ||||||
12 | individual is fit to
resume active status . The Board and may | ||||||
13 | require the Professional Geologist professional geologist to | ||||||
14 | complete a
period of
evaluated professional experience and may | ||||||
15 | require successful
completion of an examination.
| ||||||
16 | The Department may refuse to issue or may suspend the | ||||||
17 | license or certificate of enrollment of any person
who fails to | ||||||
18 | file a return, or to pay the tax, penalty or interest shown in | ||||||
19 | a
filed return, or to pay any final assessment of tax, penalty, | ||||||
20 | or interest, as
required by any tax Act administered by the | ||||||
21 | Illinois Department of Revenue,
until such time as the | ||||||
22 | requirements of any such tax Act are satisfied.
| ||||||
23 | (Source: P.A. 89-366, eff. 7-1-96; 90-61, eff. 12-30-97 .)
| ||||||
24 | (225 ILCS 745/70)
| ||||||
25 | (Section scheduled to be repealed on January 1, 2016)
|
| |||||||
| |||||||
1 | Sec. 70. Fees.
| ||||||
2 | (a) Except as provided in subsection (b), the fees for the
| ||||||
3 | administration and enforcement of this Act, including but not | ||||||
4 | limited to
original licensure or enrollment , renewal, and | ||||||
5 | restoration fees, shall be set by the
Department by rule. The | ||||||
6 | fees
shall not be refundable.
| ||||||
7 | (b) Applicants for examination shall be required to pay, | ||||||
8 | either to the
Department or the designated testing service, a | ||||||
9 | fee covering the cost of
initial screening to determine | ||||||
10 | eligibility and the cost of providing the
examination. Failure | ||||||
11 | to appear for the examination on the scheduled date at
the time | ||||||
12 | and place specified after the applicant's application for | ||||||
13 | examination
has been received and acknowledged by the | ||||||
14 | Department or the designated testing
service shall result in | ||||||
15 | the forfeiture of the examination fee.
| ||||||
16 | (c) All fees and other monies collected under this Act | ||||||
17 | shall be deposited
in the General Professions Dedicated Fund.
| ||||||
18 | (Source: P.A. 89-366, eff. 7-1-96 .)
| ||||||
19 | (225 ILCS 745/75)
| ||||||
20 | (Section scheduled to be repealed on January 1, 2016)
| ||||||
21 | Sec. 75. Returned checks; fines. Any person who delivers a | ||||||
22 | check or
other payment to the Department that is returned to | ||||||
23 | the Department unpaid by
the financial institution upon which | ||||||
24 | it is drawn shall pay to the Department,
in addition to the | ||||||
25 | amount already owed to the Department, a fine of $50. The fines |
| |||||||
| |||||||
1 | imposed by this Section
are in addition to any other discipline | ||||||
2 | provided under this Act for unlicensed or unenrolled
practice | ||||||
3 | or practice on a nonrenewed license or certificate of | ||||||
4 | enrollment . The Department
shall notify the person that payment | ||||||
5 | of fees and fines shall be paid to the
Department by certified | ||||||
6 | check or money order within 30 calendar days of the
| ||||||
7 | notification. If, after the expiration of 30 days from the date | ||||||
8 | of the
notification, the person has failed to submit the | ||||||
9 | necessary remittance, the
Department shall automatically | ||||||
10 | terminate the license or certificate of enrollment or deny the
| ||||||
11 | application, without hearing. If, after termination or denial, | ||||||
12 | the person
seeks a license or certificate of enrollment , he or | ||||||
13 | she shall apply to the Department for
restoration or issuance | ||||||
14 | of the license or certificate of enrollment and pay all fees | ||||||
15 | and
fines due to the Department. The Department may establish a | ||||||
16 | fee for the
processing of an application for restoration of a | ||||||
17 | license or certificate of enrollment to pay
all expenses of | ||||||
18 | processing this application. The Director may waive the fines
| ||||||
19 | due under this Section in individual cases where the Director | ||||||
20 | finds that the
fines would be unreasonable or unnecessarily | ||||||
21 | burdensome.
| ||||||
22 | (Source: P.A. 92-146, eff. 1-1-02 .)
| ||||||
23 | (225 ILCS 745/80)
| ||||||
24 | (Section scheduled to be repealed on January 1, 2016)
| ||||||
25 | Sec. 80. Disciplinary actions.
|
| |||||||
| |||||||
1 | (a) The Department may refuse to issue or renew, or may | ||||||
2 | revoke, suspend,
place on probation, reprimand, or take other | ||||||
3 | disciplinary action as the
Department may deem appropriate, | ||||||
4 | including fines not to exceed $5,000 for each
violation, with | ||||||
5 | regard to any license or certificate of enrollment for any one | ||||||
6 | or combination of the
following:
| ||||||
7 | (1) Material misstatement in furnishing information to | ||||||
8 | the Department.
| ||||||
9 | (2) Violations of this Act, or of the rules promulgated | ||||||
10 | under this Act.
| ||||||
11 | (3) Conviction of any crime under the laws of the | ||||||
12 | United States or any
state or territory of the United | ||||||
13 | States that is a felony or that is a
misdemeanor, an | ||||||
14 | essential element of which is dishonesty, or of any crime | ||||||
15 | that
is directly related to the practice of the profession.
| ||||||
16 | (4) Making any misrepresentation for the purpose of | ||||||
17 | obtaining licensure or enrollment or
violating any | ||||||
18 | provision of this Act or the rules promulgated under this | ||||||
19 | Act
pertaining to advertising.
| ||||||
20 | (5) Professional incompetence.
| ||||||
21 | (6) Gross malpractice.
| ||||||
22 | (7) Aiding or assisting another person in violating any | ||||||
23 | provision of this
Act or rules promulgated under this Act.
| ||||||
24 | (8) Failing, within 60 days, to provide information in | ||||||
25 | response to a
written request made by the Department.
| ||||||
26 | (9) Engaging in dishonorable, unethical, or |
| |||||||
| |||||||
1 | unprofessional conduct of a
character likely to deceive, | ||||||
2 | defraud, or harm the public.
| ||||||
3 | (10) Habitual or excessive use or addiction to alcohol, | ||||||
4 | narcotics,
stimulants, or any other chemical agent or drug | ||||||
5 | that results in the inability
to practice with reasonable | ||||||
6 | judgment, skill, or safety.
| ||||||
7 | (11) Discipline by another state, District of | ||||||
8 | Columbia, territory, or
foreign nation, if at least one of | ||||||
9 | the grounds for the discipline is the same
or substantially | ||||||
10 | equivalent to those set forth in this Section.
| ||||||
11 | (12) 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 professional services not actually or personally
| ||||||
15 | rendered.
| ||||||
16 | (13) A finding by the Department that the licensee or | ||||||
17 | enrollee , after having his or
her license
or certificate of | ||||||
18 | enrollment placed on probationary status, has violated the | ||||||
19 | terms of probation.
| ||||||
20 | (14) Willfully making or filing false records or | ||||||
21 | reports in his or her
practice,
including but not limited | ||||||
22 | to, false records filed with State agencies or
departments.
| ||||||
23 | (15) Physical illness, including but not limited to, | ||||||
24 | deterioration through
the aging process, or loss of motor | ||||||
25 | skill that results in the inability to
practice the | ||||||
26 | profession with reasonable judgment, skill, or safety.
|
| |||||||
| |||||||
1 | (16) Solicitation of professional services other than | ||||||
2 | permitted
advertising.
| ||||||
3 | (17) Conviction of or cash compromise of a charge or | ||||||
4 | violation of
the Illinois Controlled Substances Act | ||||||
5 | regulating narcotics.
| ||||||
6 | (18) Failure to (i) file a return, (ii) pay the tax, | ||||||
7 | penalty, or interest
shown in a filed return, or (iii) pay | ||||||
8 | any final assessment of tax, penalty, or
interest, as | ||||||
9 | required by any tax Act administered by the Illinois | ||||||
10 | Department of
Revenue, until the requirements of that tax | ||||||
11 | Act are satisfied.
| ||||||
12 | (19) Conviction by any court of competent | ||||||
13 | jurisdiction, either within or
outside this State, of any | ||||||
14 | violation of any law governing the practice of
professional | ||||||
15 | geology, if the Department determines, after | ||||||
16 | investigation, that
the person has not been sufficiently | ||||||
17 | rehabilitated to warrant the public trust.
| ||||||
18 | (20) Gross, willful, or continued overcharging for | ||||||
19 | professional services,
including filing false statements | ||||||
20 | for collection of fees for which services are
not rendered.
| ||||||
21 | (21) Practicing under a false or, except as provided by | ||||||
22 | law, an assumed
name.
| ||||||
23 | (22) Fraud or misrepresentation in applying for, or | ||||||
24 | procuring, a license
or certificate of enrollment under | ||||||
25 | this Act or in connection with applying for renewal of a | ||||||
26 | license or certificate of enrollment under
this Act.
|
| |||||||
| |||||||
1 | (23) Cheating on or attempting to subvert the licensing | ||||||
2 | or enrollment examination
administered under this Act.
| ||||||
3 | (b) The determination by a circuit court that a licensee or | ||||||
4 | enrollee is subject to
involuntary admission or judicial | ||||||
5 | admission as provided in the Mental Health
and Developmental | ||||||
6 | Disabilities Code operates as an automatic suspension. The
| ||||||
7 | suspension will end only upon a finding by a court that the | ||||||
8 | licensee or enrollee is no
longer subject to the involuntary | ||||||
9 | admission or judicial admission and issues an
order so finding | ||||||
10 | and discharging the licensee or enrollee ; and upon the | ||||||
11 | recommendation of
the Board to the Director that the licensee | ||||||
12 | or enrollee be allowed to
resume his or her practice.
| ||||||
13 | (Source: P.A. 89-366, eff. 7-1-96 .)
| ||||||
14 | (225 ILCS 745/85)
| ||||||
15 | (Section scheduled to be repealed on January 1, 2016)
| ||||||
16 | Sec. 85. Injunctive action; cease and desist order.
| ||||||
17 | (a) If any person violates the provisions of this Act, the | ||||||
18 | Director, in the
name of the People of the State of Illinois, | ||||||
19 | through the Attorney General or
the State's Attorney of the | ||||||
20 | county in which the violation is alleged to have
occurred, may | ||||||
21 | petition for an order enjoining the violation or for an order
| ||||||
22 | enforcing compliance with this Act. Upon the filing of a | ||||||
23 | verified petition, the
court with appropriate jurisdiction may | ||||||
24 | issue a temporary restraining order,
without notice or bond, | ||||||
25 | and may preliminarily and permanently enjoin the
violation. If |
| |||||||
| |||||||
1 | it is established that the person has violated or is violating
| ||||||
2 | the injunction, the court may punish the offender for contempt | ||||||
3 | of court.
Proceedings under this Section are in addition to, | ||||||
4 | and not in lieu of, all
other remedies and penalties provided | ||||||
5 | by this Act.
| ||||||
6 | (b) If a person practices as a Licensed Professional | ||||||
7 | Geologist licensed professional geologist or holds
himself or | ||||||
8 | herself out as a Licensed Professional Geologist licensed | ||||||
9 | professional geologist in Illinois,
without being
licensed to | ||||||
10 | do so under this Act, then any
Licensed Professional Geologist | ||||||
11 | licensed professional geologist , interested party, or any | ||||||
12 | person injured
thereby may
petition for relief as provided in | ||||||
13 | subsection (a) of this Section.
| ||||||
14 | (c) Whenever, in the opinion of the Department, a person | ||||||
15 | violates any
provision of this Act, the Department may issue a | ||||||
16 | rule to show cause why an
order to cease and desist should not | ||||||
17 | be entered against that person. The rule
shall clearly set | ||||||
18 | forth the grounds relied upon by the Department and shall
allow
| ||||||
19 | at least 7 days from the date of the rule to file an answer | ||||||
20 | satisfactory to the
Department. Failure to
answer to the | ||||||
21 | satisfaction of the Department shall cause an order to cease | ||||||
22 | and
desist to be issued.
| ||||||
23 | (Source: P.A. 89-366, eff. 7-1-96 .)
| ||||||
24 | (225 ILCS 745/90)
| ||||||
25 | (Section scheduled to be repealed on January 1, 2016)
|
| |||||||
| |||||||
1 | Sec. 90. Investigations; notice and hearing. The | ||||||
2 | Department may
investigate the actions of any applicant or of | ||||||
3 | any person or persons rendering
or offering to render | ||||||
4 | geological services or any person holding or
claiming to hold a | ||||||
5 | license as a Licensed Professional Geologist licensed | ||||||
6 | professional geologist . The
Department shall, before revoking, | ||||||
7 | suspending, placing on probation,
reprimanding, or taking any | ||||||
8 | other disciplinary action under Section 80 of this
Act, at | ||||||
9 | least 30 days before the date set for the hearing, (i) notify | ||||||
10 | the
accused in writing of the charges made and the time and | ||||||
11 | place for the hearing
on the charges, (ii) direct him or her to | ||||||
12 | file a written answer to the charges
with the Board under oath | ||||||
13 | within 20 days after the service on him or her of the
notice, | ||||||
14 | and (iii) inform the accused that, if he or she fails to | ||||||
15 | answer,
default will be taken against him or her or that his or | ||||||
16 | her license may be
suspended, revoked, placed on probationary | ||||||
17 | status, or other disciplinary action
taken with regard to the | ||||||
18 | license, including limiting the scope, nature, or
extent
of his | ||||||
19 | or her practice, as the Department may consider proper. At the | ||||||
20 | time and
place fixed in the notice, the Board shall proceed to | ||||||
21 | hear the charges and the
parties or their counsel shall be | ||||||
22 | accorded ample opportunity to present any
pertinent | ||||||
23 | statements, testimony, evidence, and arguments. The Board may
| ||||||
24 | continue the hearing from time to time. In case the person, | ||||||
25 | after receiving
the notice, fails to file an answer, his or her | ||||||
26 | license may, in the discretion
of the Department, be suspended, |
| |||||||
| |||||||
1 | revoked, placed on probationary status, or the
Department may | ||||||
2 | take whatever disciplinary action considered proper, including
| ||||||
3 | limiting the scope, nature, or extent of the person's practice | ||||||
4 | or the
imposition
of a fine, without a hearing, if the act or | ||||||
5 | acts charged constitute sufficient
grounds for that action | ||||||
6 | under this Act. The written notice may be served by
personal | ||||||
7 | delivery or by certified mail to the address specified by the | ||||||
8 | accused
in
his
or her last notification with the Department.
| ||||||
9 | (Source: P.A. 89-366, eff. 7-1-96 .)
| ||||||
10 | (225 ILCS 745/105)
| ||||||
11 | (Section scheduled to be repealed on January 1, 2016)
| ||||||
12 | Sec. 105. Compelling testimony. Any circuit court, upon | ||||||
13 | application of
the Department, designated hearing officer, or | ||||||
14 | the applicant , or licensee , or enrollee
against whom | ||||||
15 | proceedings under Section 80 of this Act are pending, may enter | ||||||
16 | an
order requiring the attendance of witnesses and their | ||||||
17 | testimony, and the
production of documents, papers, files, | ||||||
18 | books, and records in connection with
any hearing or | ||||||
19 | investigation. The court may compel obedience to its order by
| ||||||
20 | proceedings for contempt.
| ||||||
21 | (Source: P.A. 89-366, eff. 7-1-96 .)
| ||||||
22 | (225 ILCS 745/110)
| ||||||
23 | (Section scheduled to be repealed on January 1, 2016)
| ||||||
24 | Sec. 110. Findings and recommendations. At the conclusion |
| |||||||
| |||||||
1 | of the hearing,
the Board shall present to the Director a | ||||||
2 | written report of its findings of
fact, conclusions of law, and | ||||||
3 | recommendations. The report shall contain a
finding whether or | ||||||
4 | not the accused person violated this Act or its rules or
failed | ||||||
5 | to comply with the conditions required in this Act or its | ||||||
6 | rules. The
Board shall specify the nature of any violations or | ||||||
7 | failure to comply and shall
make its recommendations to the | ||||||
8 | Director. In making recommendations for any
disciplinary | ||||||
9 | actions, the Board may take into consideration all facts and
| ||||||
10 | circumstances bearing upon the reasonableness of the conduct of | ||||||
11 | the accused
and the potential for future harm to the public, | ||||||
12 | including but not limited to
previous discipline of the accused | ||||||
13 | by the Department, intent, degree of harm to
the public and | ||||||
14 | likelihood of harm in the future, any restitution made by the
| ||||||
15 | accused, and whether the incident or incidents contained in the | ||||||
16 | complaint
appear to be isolated or represent a continuing | ||||||
17 | pattern of conduct. In making
its recommendations for | ||||||
18 | discipline, the Board shall endeavor to ensure that the
| ||||||
19 | severity of the discipline recommended is reasonably related to | ||||||
20 | the severity of
the violation.
| ||||||
21 | The report of findings of fact, conclusions of law, and | ||||||
22 | recommendation of the
Board shall be the basis for the | ||||||
23 | Department's order refusing to issue, restore,
or renew a | ||||||
24 | license or certificate of enrollment , or otherwise | ||||||
25 | disciplining a licensee or enrollee . If the Director
disagrees | ||||||
26 | with the recommendations of the Board, the Director may issue |
| |||||||
| |||||||
1 | an
order in contravention of the Board recommendations. The | ||||||
2 | Director shall
provide a written report to the Board on any | ||||||
3 | disagreement and shall specify the
reasons for the action in | ||||||
4 | the final order. The finding is not admissible in
evidence | ||||||
5 | against the person in a criminal prosecution brought for a | ||||||
6 | violation
of this Act, but the hearing and finding are not a | ||||||
7 | bar to a criminal
prosecution brought for a violation of this | ||||||
8 | Act.
| ||||||
9 | (Source: P.A. 89-366, eff. 7-1-96 .)
| ||||||
10 | (225 ILCS 745/115)
| ||||||
11 | (Section scheduled to be repealed on January 1, 2016)
| ||||||
12 | Sec. 115. Board; rehearing. At the conclusion of the | ||||||
13 | hearing, a copy of
the Board's report shall be served upon the | ||||||
14 | applicant , or licensee , or enrollee by the
Department, either | ||||||
15 | personally or as provided in this Act for the service of a
| ||||||
16 | notice of hearing. Within 20 days after service, the applicant , | ||||||
17 | or
licensee , or enrollee may present to the Department a motion | ||||||
18 | in writing for a rehearing,
which shall specify the particular | ||||||
19 | grounds for rehearing. The Department may
respond to the motion | ||||||
20 | for rehearing within 20 days after its service on the
| ||||||
21 | Department. If no motion for rehearing is filed, then upon the | ||||||
22 | expiration of
the time specified for filing such a motion, or | ||||||
23 | if a motion for rehearing is
denied, then upon denial, the | ||||||
24 | Director may enter an order in accordance
with recommendations | ||||||
25 | of the Board except as provided in Section 120 of this
Act. If |
| |||||||
| |||||||
1 | the applicant , or licensee , or enrollee orders from the | ||||||
2 | reporting service and pays
for a transcript of the record | ||||||
3 | within the time for filing a motion for
rehearing, the 20-day | ||||||
4 | period within which a motion may be filed shall commence
upon | ||||||
5 | the delivery of the transcript to the applicant , or licensee , | ||||||
6 | or enrollee .
| ||||||
7 | (Source: P.A. 89-366, eff. 7-1-96 .)
| ||||||
8 | (225 ILCS 745/120)
| ||||||
9 | (Section scheduled to be repealed on January 1, 2016)
| ||||||
10 | Sec. 120. Director; rehearing. Whenever the Director | ||||||
11 | believes that
justice has not been done in the revocation, | ||||||
12 | suspension, or refusal to issue,
restore, or renew a license or | ||||||
13 | certificate of enrollment , or other discipline of an applicant , | ||||||
14 | or licensee,
or enrollee he or she may order a rehearing by the | ||||||
15 | same or other examiners.
| ||||||
16 | (Source: P.A. 89-366, eff. 7-1-96 .)
| ||||||
17 | (225 ILCS 745/125)
| ||||||
18 | (Section scheduled to be repealed on January 1, 2016)
| ||||||
19 | Sec. 125. Appointment of a hearing officer. The Director | ||||||
20 | has the
authority to appoint any attorney licensed to practice | ||||||
21 | law in the State of
Illinois to serve as the hearing officer in | ||||||
22 | any action for refusal to issue,
restore, or renew a license or | ||||||
23 | certificate of enrollment or to discipline a licensee or | ||||||
24 | enrollee . The hearing officer
has full authority to conduct the |
| |||||||
| |||||||
1 | hearing. At least one member of the Board
shall attend each | ||||||
2 | hearing. The hearing officer shall report his or her
findings | ||||||
3 | of fact, conclusions of law, and recommendations to the Board | ||||||
4 | and the
Director. The Board shall have 60 calendar days from | ||||||
5 | receipt of the report to
review the report of the hearing | ||||||
6 | officer and present its findings of fact,
conclusions of law, | ||||||
7 | and recommendations to the Director. If the Board does not
| ||||||
8 | present its report within the 60-day period, the Director may | ||||||
9 | issue an order
based on the report of the hearing officer. If | ||||||
10 | the Director disagrees with
the recommendation of the Board or | ||||||
11 | of the hearing officer, the Director may
issue an order in | ||||||
12 | contravention of the
recommendation. The Director shall | ||||||
13 | promptly provide a written report to the
Board on any | ||||||
14 | deviation, and shall specify the reasons for the action in the
| ||||||
15 | final order.
| ||||||
16 | (Source: P.A. 89-366, eff. 7-1-96 .)
| ||||||
17 | (225 ILCS 745/135)
| ||||||
18 | (Section scheduled to be repealed on January 1, 2016)
| ||||||
19 | Sec. 135. Restoration of suspended or revoked license. At | ||||||
20 | any time after
the suspension or revocation of a license or | ||||||
21 | certificate of enrollment , the Department may restore it to
the | ||||||
22 | licensee or enrollee , upon the written recommendation of the | ||||||
23 | Board, unless after an
investigation and a hearing the Board | ||||||
24 | determines that restoration is not in
the public interest.
| ||||||
25 | (Source: P.A. 89-366, eff. 7-1-96 .)
|
| |||||||
| |||||||
1 | (225 ILCS 745/140)
| ||||||
2 | (Section scheduled to be repealed on January 1, 2016)
| ||||||
3 | Sec. 140. Surrender of license. Upon the revocation or | ||||||
4 | suspension of a
license or certificate of enrollment , the | ||||||
5 | licensee or enrollee shall immediately surrender his or her | ||||||
6 | license or certificate of enrollment to the
Department. If the | ||||||
7 | licensee or enrollee fails to do so, the Department has the | ||||||
8 | right to
seize the license or certificate of enrollment .
| ||||||
9 | (Source: P.A. 89-366, eff. 7-1-96 .)
| ||||||
10 | (225 ILCS 745/145)
| ||||||
11 | (Section scheduled to be repealed on January 1, 2016)
| ||||||
12 | Sec. 145. Summary suspension of a license. The Director may | ||||||
13 | summarily
suspend the license of a Licensed Professional | ||||||
14 | Geologist licensed professional geologist without a hearing,
| ||||||
15 | simultaneously with the institution of proceedings for a | ||||||
16 | hearing provided for
in Section 90 of this Act, if the Director | ||||||
17 | finds that evidence in the
Director's possession indicates that | ||||||
18 | the continuation of practice by a
Licensed Professional | ||||||
19 | Geologist licensed professional geologist would constitute an | ||||||
20 | imminent danger to the
public. In the event that the Director | ||||||
21 | summarily suspends the license of a
Licensed Professional | ||||||
22 | Geologist licensed professional geologist without a hearing, a | ||||||
23 | hearing must be
commenced within 30 days after the suspension | ||||||
24 | has occurred and concluded as
expeditiously as practical.
|
| |||||||
| |||||||
1 | (Source: P.A. 89-366, eff. 7-1-96 .)
| ||||||
2 | (225 ILCS 745/160)
| ||||||
3 | (Section scheduled to be repealed on January 1, 2016)
| ||||||
4 | Sec. 160. Violations.
| ||||||
5 | (a) Using or attempting to use an expired license is a | ||||||
6 | Class A misdemeanor.
| ||||||
7 | (b) Each of the following acts is a Class A misdemeanor for | ||||||
8 | the first
offense and a Class 4 felony for a second or | ||||||
9 | subsequent offense:
| ||||||
10 | (1) A violation of any provision of this Act or its | ||||||
11 | rules, except as noted
in subsection (a) of this Section.
| ||||||
12 | (2) The making of any wilfully false oath or | ||||||
13 | affirmation in any matter or
proceeding where an oath or | ||||||
14 | affirmation is required by this Act.
| ||||||
15 | (3) Using or attempting to use an inactive, suspended, | ||||||
16 | or revoked license
or the license or seal of another, or | ||||||
17 | impersonating another licensee, or
practicing geology as a | ||||||
18 | Licensed Professional Geologist licensed professional | ||||||
19 | geologist in Illinois while
one's license is inactive, | ||||||
20 | suspended, or revoked.
| ||||||
21 | (4) The practice, attempt to practice, or offer to | ||||||
22 | practice professional
geology in Illinois without a | ||||||
23 | license as a Licensed Professional Geologist licensed | ||||||
24 | professional geologist .
Each day of practicing | ||||||
25 | professional geology or attempting to practice
|
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
1 | professional geology, and each instance of offering to | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | practice professional
geology, without a license as a | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | Licensed Professional Geologist licensed professional | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | geologist constitutes a
separate offense.
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | (5) Advertising or displaying any sign or card or other | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | device that might
indicate to the public that the person or | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
7 | entity is entitled to practice as a
Licensed Professional | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
8 | Geologist licensed professional geologist , unless that | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
9 | person holds an active license
as a Licensed Professional | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
10 | Geologist licensed professional geologist in the State of | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
11 | Illinois.
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
12 | (6) Obtaining or attempting to obtain a license by | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
13 | fraud.
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
14 | (Source: P.A. 89-366, eff. 7-1-96 .)
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
15 | Section 99. Effective date. This Act takes effect upon | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
16 | becoming law.
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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