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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 Regulatory Sunset Act is amended by changing | ||||||||||||||||||||||||||||||||||||||||||||||||||
5 | Section 4.20 and by adding Section 4.30 as follows:
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6 | (5 ILCS 80/4.20)
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7 | Sec. 4.20. Acts repealed on January 1, 2010. The following | ||||||||||||||||||||||||||||||||||||||||||||||||||
8 | Acts are repealed on January 1, 2010:
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9 | The Auction License Act.
| ||||||||||||||||||||||||||||||||||||||||||||||||||
10 | The Illinois Architecture Practice Act of 1989.
| ||||||||||||||||||||||||||||||||||||||||||||||||||
11 | The Illinois Landscape Architecture Act of 1989.
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12 | The Illinois Professional Land Surveyor Act of 1989.
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13 | The Land Sales Registration Act of 1999.
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14 | The Orthotics, Prosthetics, and Pedorthics Practice Act.
| ||||||||||||||||||||||||||||||||||||||||||||||||||
15 | The Perfusionist Practice Act.
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16 | The Professional Engineering Practice Act of 1989.
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17 | The Real Estate License Act of 2000.
| ||||||||||||||||||||||||||||||||||||||||||||||||||
18 | The Structural Engineering Practice Act of 1989.
| ||||||||||||||||||||||||||||||||||||||||||||||||||
19 | (Source: P.A. 91-91, eff. 7-9-99; 91-92, eff. 7-9-99; 91-132, | ||||||||||||||||||||||||||||||||||||||||||||||||||
20 | eff. 7-16-99;
91-133, eff. 7-16-99; 91-245, eff. 12-31-99; | ||||||||||||||||||||||||||||||||||||||||||||||||||
21 | 91-255, eff. 12-30-99; 91-338,
eff. 12-30-99; 91-580, eff. | ||||||||||||||||||||||||||||||||||||||||||||||||||
22 | 1-1-00; 91-590, eff. 1-1-00; 91-603, eff. 1-1-00;
92-16, eff. | ||||||||||||||||||||||||||||||||||||||||||||||||||
23 | 6-28-01.)
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| |||||||
1 | (5 ILCS 80/4.30 new)
| ||||||
2 | Sec. 4.30. Act repealed on January 1, 2020. The following | ||||||
3 | Act is repealed on January 1, 2020: | ||||||
4 | The Professional Engineering Practice Act of 1989.
| ||||||
5 | Section 10. The Professional Engineering Practice Act of | ||||||
6 | 1989 is amended by changing Sections 4, 5, 7, 10, 17, and 42 | ||||||
7 | and by adding Sections 4.5, 7.5, 7.10, 7.15, and 7.20 as | ||||||
8 | follows:
| ||||||
9 | (225 ILCS 325/4) (from Ch. 111, par. 5204)
| ||||||
10 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
11 | Sec. 4. Definitions. As used in this Act:
| ||||||
12 | (a) "Approved engineering curriculum" means
an engineering | ||||||
13 | curriculum or program
of 4 academic years or more which meets | ||||||
14 | the standards established by the
rules of the Department.
| ||||||
15 | (b) "Board" means the State Board of Professional Engineers | ||||||
16 | of the
Department of Professional Regulation, previously known | ||||||
17 | as the Examining
Committee.
| ||||||
18 | (c) "Department" means the Department of Financial and | ||||||
19 | Professional Regulation.
| ||||||
20 | (d) "Design professional" means an architect, structural | ||||||
21 | engineer or
professional engineer practicing in conformance | ||||||
22 | with the Illinois
Architecture Practice Act of 1989, the | ||||||
23 | Structural
Engineering Practice Act of 1989 or the
Professional |
| |||||||
| |||||||
1 | Engineering Practice Act of 1989.
| ||||||
2 | (e) " "Secretary" Director " means the Secretary Director of | ||||||
3 | Financial and Professional Regulation.
| ||||||
4 | (f) "Direct supervision/responsible charge" means work
| ||||||
5 | prepared under the control of a licensed professional engineer | ||||||
6 | or that
work as to which that professional engineer has | ||||||
7 | detailed professional
knowledge.
| ||||||
8 | (g) "Engineering college" means a school, college, | ||||||
9 | university,
department of a university or other educational | ||||||
10 | institution, reputable
and in good standing in accordance with | ||||||
11 | rules prescribed by the
Department, and which grants | ||||||
12 | baccalaureate degrees in engineering.
| ||||||
13 | (h) "Engineering system or facility" means a system or | ||||||
14 | facility whose
design is based upon the application of the | ||||||
15 | principles of science for
the purpose of modification of | ||||||
16 | natural states of being.
| ||||||
17 | (i) "Engineer intern" means a person who is a candidate for
| ||||||
18 | licensure as a professional engineer and who has been enrolled | ||||||
19 | as an
engineer intern.
| ||||||
20 | (j) "Enrollment" means an action by the Department to | ||||||
21 | record those
individuals who have met the Board's requirements | ||||||
22 | for an engineer
intern.
| ||||||
23 | (k) "License" means an official document issued by the | ||||||
24 | Department to
an individual, a corporation, a partnership, a | ||||||
25 | professional
service corporation, a limited liability company, | ||||||
26 | or a sole proprietorship,
signifying authority to
practice.
|
| |||||||
| |||||||
1 | (l) "Negligence in the practice of professional | ||||||
2 | engineering" means the
failure to exercise that degree of | ||||||
3 | reasonable professional skill, judgment
and diligence normally | ||||||
4 | rendered by professional engineers in the
practice of | ||||||
5 | professional engineering.
| ||||||
6 | (m) "Professional engineer" means a person licensed under | ||||||
7 | the laws
of the State of Illinois to practice professional | ||||||
8 | engineering.
| ||||||
9 | (n) "Professional engineering" means the application of | ||||||
10 | science to the
design of engineering systems and facilities | ||||||
11 | using the knowledge,
skills, ability and professional judgment | ||||||
12 | developed through professional
engineering education, training | ||||||
13 | and experience.
| ||||||
14 | (o) "Professional engineering practice" means the | ||||||
15 | consultation on,
conception, investigation, evaluation, | ||||||
16 | planning, and design of, and
selection of materials to be used | ||||||
17 | in, administration of
construction contracts for, or site | ||||||
18 | observation of,
an engineering system
or facility, where such | ||||||
19 | consultation, conception, investigation,
evaluation, planning, | ||||||
20 | design, selection, administration, or observation
requires | ||||||
21 | extensive knowledge of engineering laws, formulae, materials,
| ||||||
22 | practice, and construction methods. A person shall be construed | ||||||
23 | to
practice or offer to practice professional engineering, | ||||||
24 | within the
meaning and intent of this Act, who practices, or | ||||||
25 | who, by verbal claim,
sign, advertisement, letterhead, card, or | ||||||
26 | any other way, is represented
to be a professional engineer, or |
| |||||||
| |||||||
1 | through the use of the initials "P.E."
or the title "engineer" | ||||||
2 | or any of its derivations or some other title
implies licensure | ||||||
3 | as a professional engineer, or holds himself out as able to
| ||||||
4 | perform any service which is recognized as professional | ||||||
5 | engineering
practice.
| ||||||
6 | Examples of the practice of professional engineering | ||||||
7 | include, but need
not be limited to, transportation facilities , | ||||||
8 | public and publicly owned
utilities for a region or community ,
| ||||||
9 | railroads, railways, highways, subways, canals, harbors, and | ||||||
10 | river
improvements; land development; stormwater detention, | ||||||
11 | retention, and conveyance; irrigation works; aircraft and , | ||||||
12 | airports and landing fields ;
traffic engineering; waterworks, | ||||||
13 | piping systems and appurtenances , sewers, sewage disposal
| ||||||
14 | works; plants for the generation of
power; devices for the | ||||||
15 | utilization of power; boilers; refrigeration
plants, air | ||||||
16 | conditioning systems and plants; heating systems and plants;
| ||||||
17 | plants for the transmission or distribution of power; | ||||||
18 | electrical plants
which produce, transmit, distribute, or | ||||||
19 | utilize electrical energy; works
for the extraction of minerals | ||||||
20 | from the earth; plants for the refining,
alloying or treating | ||||||
21 | of metals; chemical works and industrial plants
involving the | ||||||
22 | use of chemicals and chemical processes; plants for the
| ||||||
23 | production, conversion, or utilization of nuclear, chemical, | ||||||
24 | or radiant
energy; forensic engineering, geotechnical | ||||||
25 | engineering including,
subsurface investigations; soil and | ||||||
26 | rock classification, geology and geohydrology,
incidental to |
| |||||||
| |||||||
1 | the practice of professional engineering; geohydrological | ||||||
2 | investigations, migration pathway analysis, groundwater | ||||||
3 | management zone analysis and design; energy
analysis, | ||||||
4 | environmental risk assessments, corrective action plans, | ||||||
5 | design , remediation, protection plans and systems, hazardous | ||||||
6 | waste mitigation and control , and environmental control or | ||||||
7 | remediation systems; recognition, measurement, evaluation, and | ||||||
8 | control of environmental systems and emissions; design of | ||||||
9 | engineered barriers and modeling of pollutants in water, soil, | ||||||
10 | and air; engineering surveys of sites, facilities, and | ||||||
11 | topography, not including land boundary establishment ;
| ||||||
12 | recognition, measurement, evaluation and control of | ||||||
13 | environmental systems and
emissions; automated building | ||||||
14 | management systems;
environmental control or remediation | ||||||
15 | systems; computer controlled or integrated systems; automatic | ||||||
16 | fire suppression systems; or the provision of professional | ||||||
17 | engineering site observation of the
construction of works and | ||||||
18 | engineering systems. Nothing contained in
this Section imposes | ||||||
19 | upon a person licensed under this Act the
responsibility for | ||||||
20 | the performance of any of the foregoing functions
unless such | ||||||
21 | person specifically contracts to provide it.
| ||||||
22 | (p) "Project representative" means the professional | ||||||
23 | engineer's
representative at the project site who assists in | ||||||
24 | the administration of
the construction contract.
| ||||||
25 | (q) "Registered" means the same as "licensed" for purposes | ||||||
26 | of this Act.
|
| |||||||
| |||||||
1 | (r) "Related science curriculum" means a 4 year program of | ||||||
2 | study, the
satisfactory completion of which results in a | ||||||
3 | Bachelor of Science
degree, and which contains courses from | ||||||
4 | such areas as life, earth,
engineering and computer sciences, | ||||||
5 | including but not limited to, physics
and chemistry. In the | ||||||
6 | study of these sciences, the objective is to
acquire | ||||||
7 | fundamental knowledge about the nature of its phenomena,
| ||||||
8 | including quantitative expression, appropriate to particular | ||||||
9 | fields of
engineering.
| ||||||
10 | (s) "Rules" means those rules promulgated pursuant to this | ||||||
11 | Act.
| ||||||
12 | (t) "Seal" means the seal in compliance with Section 14 of | ||||||
13 | this Act.
| ||||||
14 | (u) "Site observation" is visitation of the construction | ||||||
15 | site for the
purpose of reviewing, as available, the quality | ||||||
16 | and conformance of the
work to the technical submissions as | ||||||
17 | they relate to design.
| ||||||
18 | (v) "Support design professional" means a professional | ||||||
19 | engineer
practicing in conformance with the Professional | ||||||
20 | Engineering Practice Act
of 1989, who provides services to the | ||||||
21 | design professional who has
contract responsibility.
| ||||||
22 | (w) "Technical submissions" means the designs, drawings, | ||||||
23 | and specifications
which establish the scope and standard of | ||||||
24 | quality for materials, workmanship,
equipment, and the | ||||||
25 | construction systems intended for use in construction. | ||||||
26 | "Technical submissions" includes, but is not limited to , |
| |||||||
| |||||||
1 | studies, analyses, calculations, and other technical
reports | ||||||
2 | prepared in the course of the a design professional's practice | ||||||
3 | of professional engineering .
| ||||||
4 | (Source: P.A. 91-91, eff. 1-1-00; 91-92, eff. 1-1-00; 92-16, | ||||||
5 | eff. 6-28-01;
92-145, eff. 1-1-02.)
| ||||||
6 | (225 ILCS 325/4.5 new)
| ||||||
7 | Sec. 4.5. References to Department or Director of | ||||||
8 | Professional Regulation. References in this Act (i) to the | ||||||
9 | Department of Professional Regulation are deemed, in | ||||||
10 | appropriate contexts, to be references to the Department of | ||||||
11 | Financial and Professional Regulation and (ii) to the Director | ||||||
12 | of Professional Regulation are deemed, in appropriate | ||||||
13 | contexts, to be references to the Secretary of Financial and | ||||||
14 | Professional Regulation.
| ||||||
15 | (225 ILCS 325/5) (from Ch. 111, par. 5205)
| ||||||
16 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
17 | Sec. 5. Powers and duties of the Department. Subject to the
| ||||||
18 | provisions of this Act, the Department shall exercise the | ||||||
19 | following
functions, powers and duties:
| ||||||
20 | (a) To pass upon the qualifications and conduct | ||||||
21 | examinations of
applicants for licensure as professional | ||||||
22 | engineers or enrollment as
engineer interns and pass upon | ||||||
23 | the qualifications of applicants by
endorsement and issue a | ||||||
24 | license or enrollment to those who are found to
be fit and |
| |||||||
| |||||||
1 | qualified.
| ||||||
2 | (b) To prescribe rules for the method, conduct and | ||||||
3 | grading of the
examination of applicants.
| ||||||
4 | (c) To license corporations, partnerships, | ||||||
5 | professional service
corporations,
limited liability | ||||||
6 | companies, and sole proprietorships
for the practice of
| ||||||
7 | professional engineering and issue a license to those who | ||||||
8 | qualify.
| ||||||
9 | (d) To conduct investigations and
hearings regarding | ||||||
10 | violations of this Act and take
disciplinary or other | ||||||
11 | actions as provided in this Act as a result of the
| ||||||
12 | proceedings.
| ||||||
13 | (e) To prescribe rules as to what shall constitute an | ||||||
14 | engineering or
related science curriculum and to determine | ||||||
15 | if a specific engineering
curriculum is in compliance with | ||||||
16 | the rules, and to terminate the
approval of a specific | ||||||
17 | engineering curriculum for non-compliance with
such rules.
| ||||||
18 | (f) To promulgate rules required for the | ||||||
19 | administration of this Act,
including rules of | ||||||
20 | professional conduct.
| ||||||
21 | (g) To maintain membership in the National Council of
| ||||||
22 | Examiners for Engineering and Surveying
and participate in | ||||||
23 | activities of the Council by designation of
individuals for | ||||||
24 | the various classifications of membership, the
appointment | ||||||
25 | of delegates for attendance at zone and national meetings | ||||||
26 | of
the Council, and the funding of the delegates for |
| |||||||
| |||||||
1 | attendance at the
meetings of the Council.
| ||||||
2 | (h) To obtain written recommendations from the Board | ||||||
3 | regarding
qualifications of individuals for licensure and | ||||||
4 | enrollment, definitions
of curriculum content and approval | ||||||
5 | of engineering curricula, standards
of professional | ||||||
6 | conduct and formal disciplinary actions, and the
| ||||||
7 | promulgation of the rules affecting these matters.
| ||||||
8 | Prior to issuance of any final decision or order that | ||||||
9 | deviates from
any report or recommendations of the Board | ||||||
10 | relating to the qualification
of applicants, discipline of | ||||||
11 | licensees or registrants, or promulgation of
rules, the | ||||||
12 | Director shall notify the Board in writing with an | ||||||
13 | explanation of
any such deviation and provide a reasonable | ||||||
14 | time for the Board to submit
written comments to the | ||||||
15 | Director regarding the proposed action. In the
event that | ||||||
16 | the Board fails or declines to submit such written comments | ||||||
17 | within
30 days of said notification, the Director may issue | ||||||
18 | a final decision or orders
consistent with the Director's | ||||||
19 | original decision. The Department may at any
time seek the | ||||||
20 | expert advice and knowledge of the Board on any matter | ||||||
21 | relating
to the enforcement of this Act.
| ||||||
22 | (i) To publish and distribute or to post on the | ||||||
23 | Department's website, at
least semi-annually, a
newsletter | ||||||
24 | to all persons licensed and registered under this
Act. The | ||||||
25 | newsletter shall describe the most recent changes in this | ||||||
26 | Act and the
rules adopted under this Act and shall contain |
| |||||||
| |||||||
1 | information of any final
disciplinary action that has been | ||||||
2 | ordered under this Act since the date of the
last | ||||||
3 | newsletter. | ||||||
4 | (j) To contract with a corporation or other business | ||||||
5 | entity to provide investigative, legal, prosecutorial, or | ||||||
6 | other services necessary to perform its duties.
| ||||||
7 | None of the functions, powers or duties enumerated in this | ||||||
8 | Section
shall be exercised by the Department except upon the | ||||||
9 | action and report
in writing of the Board.
| ||||||
10 | (Source: P.A. 91-92, eff. 1-1-00; 92-145, eff. 1-1-02.)
| ||||||
11 | (225 ILCS 325/7) (from Ch. 111, par. 5207)
| ||||||
12 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
13 | Sec. 7. Powers and duties of the Board. Subject to the | ||||||
14 | provisions
of this Act, the Board shall exercise the following | ||||||
15 | functions, powers
and duties:
| ||||||
16 | (a) Review education and experience qualifications of | ||||||
17 | applicants,
including conducting oral interviews as deemed | ||||||
18 | necessary by the Board,
to determine eligibility as an | ||||||
19 | engineer intern or professional engineer
and submit to the | ||||||
20 | Director written recommendations on applicant
| ||||||
21 | qualifications for enrollment and licensure;
| ||||||
22 | (b) The Board may appoint a subcommittee to serve as a | ||||||
23 | Complaint Committee
to recommend the disposition of case | ||||||
24 | files according to procedures established
by rule;
| ||||||
25 | (c) Conduct hearings regarding disciplinary actions |
| |||||||
| |||||||
1 | and submit a
written report and recommendations to the | ||||||
2 | Director as required by this
Act and to provide a Board | ||||||
3 | member at informal conferences;
| ||||||
4 | (d) Make visits to universities or colleges to evaluate
| ||||||
5 | engineering curricula or to otherwise evaluate engineering | ||||||
6 | curricula and
submit to the Director a written | ||||||
7 | recommendation of acceptability of a
curriculum;
| ||||||
8 | (e) Submit a written recommendation to the Director | ||||||
9 | concerning
promulgation of rules as required in Section 5 | ||||||
10 | and to recommend to the
Director any rules or amendments | ||||||
11 | thereto for the administration of this
Act;
| ||||||
12 | (f) Hold at least 3 regular meetings each year;
| ||||||
13 | (g) Elect annually a chairperson and a | ||||||
14 | vice-chairperson who shall be
professional engineers; and
| ||||||
15 | (h) Submit written comments to the Director within 30 | ||||||
16 | days from
notification of any final decision or order from | ||||||
17 | the Director that deviates
from any
report or | ||||||
18 | recommendation of the Board relating to the qualification | ||||||
19 | of
applicants, discipline of licensees or registrants, or | ||||||
20 | promulgation of rules. | ||||||
21 | (i) Contract with a corporation or other business | ||||||
22 | entity to provide investigative, legal, prosecutorial, or | ||||||
23 | other services necessary to perform its duties.
| ||||||
24 | (Source: P.A. 91-92, eff. 1-1-00.)
| ||||||
25 | (225 ILCS 325/7.5 new) |
| |||||||
| |||||||
1 | Sec. 7.5. Complaint investigation and disposition. | ||||||
2 | (a) The Board shall receive and investigate complaints | ||||||
3 | against a professional engineer or other person who may have | ||||||
4 | committed a violation of this Act. The Board shall maintain the | ||||||
5 | confidentiality of the complaint during the investigation. | ||||||
6 | (b) The Board shall specify all of the following: | ||||||
7 | (1) The manner by which a person may contact the Board | ||||||
8 | for assistance in filing a complaint. | ||||||
9 | (2) The place at which a complaint must be filed. | ||||||
10 | (3) The proper form of a complaint. | ||||||
11 | (4) The information that must be included in a | ||||||
12 | complaint. | ||||||
13 | (c) The Board's procedures must permit a member of the | ||||||
14 | public who desires to file a complaint to: | ||||||
15 | (1) speak to an investigator on the staff of the | ||||||
16 | Department if the person desires to do so; or | ||||||
17 | (2) easily and conveniently access the Department's | ||||||
18 | complaint process without being required to speak to an | ||||||
19 | investigator on the staff of the Department if the person | ||||||
20 | does not desire to speak to an investigator. | ||||||
21 | (d) The Board shall consider any written grievance against | ||||||
22 | a licensee or other person filed with the Board as a complaint. | ||||||
23 | (e) A complaint must include information sufficient for the | ||||||
24 | Board to determine whether it has the authority to resolve the | ||||||
25 | complaint. A complaint that contains sufficient information | ||||||
26 | for the Board to commence an investigation is not required to |
| |||||||
| |||||||
1 | include all of the information necessary for the Board to | ||||||
2 | determine the validity of the complaint. | ||||||
3 | (f) On receipt of a complaint, the Board shall determine | ||||||
4 | whether the Board has the authority to resolve the complaint. | ||||||
5 | If the Board does not have the authority to resolve the | ||||||
6 | complaint, the Board shall dismiss the complaint. If the Board | ||||||
7 | has the authority to resolve the complaint, the Board shall | ||||||
8 | initiate a disciplinary proceeding against the person who is | ||||||
9 | the subject of the complaint. | ||||||
10 | (g) The Board shall prescribe a method for prioritizing | ||||||
11 | complaints for purposes of complaint investigation. In | ||||||
12 | establishing priorities the Board shall employ the following | ||||||
13 | practices: | ||||||
14 | (1) a complaint that alleges an action that could | ||||||
15 | potentially harm the public takes precedence over a | ||||||
16 | complaint that does not allege an action that could | ||||||
17 | potentially harm the public; and | ||||||
18 | (2) with regard to complaints that do not allege an | ||||||
19 | action that could potentially harm the public, a complaint | ||||||
20 | filed by a member of the public takes precedence over a | ||||||
21 | complaint filed by the staff of the Department. | ||||||
22 | (h) The Department's staff is responsible for conducting | ||||||
23 | all phases of complaint investigation, including gathering | ||||||
24 | evidence necessary to determine the validity of the complaint. | ||||||
25 | (i) The Department may employ or contract with advisors, | ||||||
26 | consultants, engineers, or other persons to provide technical |
| |||||||
| |||||||
1 | assistance in investigations and disciplinary proceedings. | ||||||
2 | Except for an action involving fraud, conspiracy, or malice, a | ||||||
3 | person whose services are obtained by the Department under this | ||||||
4 | subsection (i) is immune from civil liability and may not be | ||||||
5 | subjected to a suit for damages for any investigation, report, | ||||||
6 | recommendation, statement, evaluation, finding, or other | ||||||
7 | action taken in the course of performing the person's official | ||||||
8 | duties. | ||||||
9 | (j) The Department's staff shall regularly report to the | ||||||
10 | Board on each complaint dismissed by Department staff and shall | ||||||
11 | include all of the following information: | ||||||
12 | (1) The name of the complainant. | ||||||
13 | (2) The name of the person who is the subject of the | ||||||
14 | complaint. | ||||||
15 | (3) The basis of the complaint. | ||||||
16 | (4) The reason for the dismissal of the complaint. | ||||||
17 | (k) Except as provided by Subsection (l), a complaint filed | ||||||
18 | with the Board is public information. | ||||||
19 | (l) For any complaint determined to be frivolous or without | ||||||
20 | merit, the complaint and other enforcement case information | ||||||
21 | related to that complaint are confidential. The information may | ||||||
22 | be used only by the Board or by the Department's staff or | ||||||
23 | agents directly involved in the enforcement process for that | ||||||
24 | complaint. The information is not subject to discovery, | ||||||
25 | subpoena, or other disclosure. | ||||||
26 | (m) In this Section, "frivolous complaint" means a |
| |||||||
| |||||||
1 | complaint that the Board determined (i) was made for the | ||||||
2 | purpose of harassment and
(ii) does not demonstrate harm to any | ||||||
3 | person. | ||||||
4 | (225 ILCS 325/7.10 new) | ||||||
5 | Sec. 7.10. Complaint information. | ||||||
6 | (a) In the collection of complaint information, the Board | ||||||
7 | shall assign a number to each complaint filed with the Board | ||||||
8 | and
ensure that each phase of the processing of a complaint is | ||||||
9 | appropriately documented. | ||||||
10 | (b) The Board shall maintain a file on each written | ||||||
11 | complaint filed with the Board. The file must include each of | ||||||
12 | the following: | ||||||
13 | (1) The name of the complainant. | ||||||
14 | (2) The date the complaint is received by the Board. | ||||||
15 | (3) The subject matter of the complaint. | ||||||
16 | (4) The name of each person contacted in relation to | ||||||
17 | the complaint. | ||||||
18 | (5) A summary of the results of the review or | ||||||
19 | investigation of the complaint. | ||||||
20 | (6) An explanation of the reason the file was closed, | ||||||
21 | if the Department closed the file without taking action | ||||||
22 | other than to investigate the complaint. | ||||||
23 | (c) The Board shall provide to the complainant and to each | ||||||
24 | person who is a subject of the complaint a copy of the Board's | ||||||
25 | policies and procedures relating to complaint investigation |
| |||||||
| |||||||
1 | and resolution. | ||||||
2 | (d) The Board, at least quarterly and until final | ||||||
3 | disposition of the complaint, shall notify the parties to the | ||||||
4 | complaint of the status of the complaint, unless the notice | ||||||
5 | would jeopardize an undercover investigation. | ||||||
6 | (225 ILCS 325/7.15 new) | ||||||
7 | Sec. 7.15. Statistical analysis of complaints. | ||||||
8 | (a) The Board shall develop and maintain a complaint | ||||||
9 | tracking system to monitor the processing of complaints filed | ||||||
10 | with the Board. | ||||||
11 | (b) The Board shall annually provide a statistical analysis | ||||||
12 | of the complaints filed with the Board during the preceding | ||||||
13 | year, which shall include all of the following information: | ||||||
14 | (1) The number of complaints filed. | ||||||
15 | (2) A categorization of complaints filed according to | ||||||
16 | the basis of the complaint and the number of complaints in | ||||||
17 | each category. | ||||||
18 | (3) The number of complaints filed by Board staff. | ||||||
19 | (4) The number of complaints filed by persons other | ||||||
20 | than Board staff. | ||||||
21 | (5) The average length of time required to resolve a | ||||||
22 | complaint. | ||||||
23 | (6) The number of complaints resolved and the manner in | ||||||
24 | which they were resolved, including the following: | ||||||
25 | (A) the number of complaints dismissed and the |
| |||||||
| |||||||
1 | reasons for dismissal; | ||||||
2 | (B) the number of complaints resulting in | ||||||
3 | disciplinary action, the disciplinary action taken, | ||||||
4 | and whether the disciplinary action taken was imposed | ||||||
5 | by stipulation, agreed settlement, consent order, | ||||||
6 | default, or order following a contested case hearing; | ||||||
7 | and | ||||||
8 | (C) the number of complaints filed that are | ||||||
9 | unresolved, the number of those complaints filed by | ||||||
10 | Board staff, the number of those complaints filed by | ||||||
11 | persons other than Board staff, and the average length | ||||||
12 | of time that the unresolved complaints have been on | ||||||
13 | file. | ||||||
14 | (225 ILCS 325/7.20 new) | ||||||
15 | Sec. 7.20. Public participation. The Board shall develop | ||||||
16 | and implement policies that provide the public with a | ||||||
17 | reasonable opportunity to appear before the Board and to speak | ||||||
18 | on any issue under the jurisdiction of the Board.
| ||||||
19 | (225 ILCS 325/10) (from Ch. 111, par. 5210)
| ||||||
20 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
21 | Sec. 10. Minimum standards for examination for licensure as
| ||||||
22 | professional engineer. To qualify for licensure as a | ||||||
23 | professional
engineer each applicant shall be:
| ||||||
24 | (a) A graduate of an approved engineering curriculum of at |
| |||||||
| |||||||
1 | least 4
years who submits acceptable evidence to the Board of | ||||||
2 | an additional 4
years or more of experience in engineering work | ||||||
3 | of a grade and character
which indicate that the individual may | ||||||
4 | be competent to practice
professional engineering, and who then | ||||||
5 | passes a nominal 8-hour written
examination in the fundamentals | ||||||
6 | of engineering, and a nominal 8-hour
written examination in the | ||||||
7 | principles and practice of engineering. Upon
passing both | ||||||
8 | examinations, the applicant, if otherwise qualified, shall
be | ||||||
9 | granted a license to practice professional engineering in this | ||||||
10 | State; or
| ||||||
11 | (b) A graduate of a non-approved engineering curriculum or | ||||||
12 | a related
science curriculum of at least 4 years and meeting | ||||||
13 | the requirements as
set forth by rule, who submits acceptable | ||||||
14 | evidence to the Board of an
additional 8 years or more of | ||||||
15 | experience in engineering work of a grade
and character which | ||||||
16 | indicate that the individual may be competent to
practice | ||||||
17 | professional engineering, and who then passes a nominal 8-hour
| ||||||
18 | written examination in the fundamentals of engineering and a | ||||||
19 | nominal
8-hour written examination in the principles and | ||||||
20 | practice of
engineering. Upon passing both examinations, the | ||||||
21 | applicant, if
otherwise qualified, shall be granted a license | ||||||
22 | to practice professional
engineering in this State; or
| ||||||
23 | (c) An engineer intern who meets the education and | ||||||
24 | experience
qualifications of subsection (a) or (b) of this | ||||||
25 | Section
and has passed the nominal 8-hour written examination | ||||||
26 | in the fundamentals
of engineering ,
by application
and payment |
| |||||||
| |||||||
1 | of the required fee, may then take the nominal 8-hour written
| ||||||
2 | examination in the principles and practice of engineering. If | ||||||
3 | an engineer intern successfully completes the Upon passing
that | ||||||
4 | examination and submits evidence to the Board of meeting the | ||||||
5 | experience qualifications of subsection (a) or (b) of this | ||||||
6 | Section , he or she the applicant , if otherwise qualified, shall | ||||||
7 | be
granted a license to practice professional engineering in | ||||||
8 | this State.
| ||||||
9 | (d) When considering an applicant's
qualifications for | ||||||
10 | licensure under this Act, the Department may take into
| ||||||
11 | consideration whether an applicant has engaged in conduct or | ||||||
12 | actions that
would constitute a violation of the Standards of | ||||||
13 | Professional Conduct for
this Act as provided for by | ||||||
14 | administrative rules.
| ||||||
15 | (Source: P.A. 91-92, eff. 1-1-00.)
| ||||||
16 | (225 ILCS 325/17) (from Ch. 111, par. 5217)
| ||||||
17 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
18 | Sec. 17. Licensure; Renewal; Restoration; Person in | ||||||
19 | military
service. The expiration date and renewal period for | ||||||
20 | each professional
engineer license issued under this Act shall | ||||||
21 | be set by the Department
by rule. The
enrollment of an engineer | ||||||
22 | intern shall not expire.
| ||||||
23 | Any person whose
license has expired or whose license is on | ||||||
24 | inactive status may have such
license restored by making | ||||||
25 | application to the Department and filing
proof acceptable to |
| |||||||
| |||||||
1 | the Department of that person's fitness to have such
license | ||||||
2 | restored, which may include sworn evidence certifying to active
| ||||||
3 | practice in another jurisdiction satisfactory to the | ||||||
4 | Department and by
paying the required restoration fee.
If the | ||||||
5 | person has not maintained an active practice in another
| ||||||
6 | jurisdiction satisfactory to the Department, the Board shall | ||||||
7 | determine,
by an evaluation program established by rule, the | ||||||
8 | person's fitness to
resume active status and may require the | ||||||
9 | person to complete a period of
evaluated experience and may | ||||||
10 | require successful completion of the
principles and practice | ||||||
11 | examination.
| ||||||
12 | However, any person whose license expired while that person | ||||||
13 | was (1) in
Federal Service on active duty with the Armed Forces | ||||||
14 | of the United
States, or the State Militia called into service | ||||||
15 | or training, or (2) in
training or education under the | ||||||
16 | supervision of the United States
preliminary to induction into | ||||||
17 | the military service, may have such
license renewed or restored | ||||||
18 | without paying any lapsed renewal fees if,
within 2 years after | ||||||
19 | honorable termination of such service, training,
or education, | ||||||
20 | except under conditions other than honorable, the
Department is | ||||||
21 | furnished with satisfactory evidence that the person has
been | ||||||
22 | so engaged and has maintained professional competence and that | ||||||
23 | such
service, training or education has been so terminated.
| ||||||
24 | Each application
for renewal shall contain the original | ||||||
25 | seal and signature of the
professional engineer. Applicants for | ||||||
26 | renewal or restoration shall
certify that all conditions of |
| |||||||
| |||||||
1 | their license meet the requirements of
the Illinois | ||||||
2 | Professional Engineering Practice Act of 1989.
| ||||||
3 | The Department may grant the title "Retired" to eligible | ||||||
4 | retirees to be used immediately adjacent to the title of | ||||||
5 | Professional Engineer. The use of the title "PE Retired" shall | ||||||
6 | not constitute representation of current licensure, | ||||||
7 | registration, or certification. Any person without an active | ||||||
8 | license, registration, or certificate shall not be permitted to | ||||||
9 | practice professional engineering. | ||||||
10 | (Source: P.A. 89-61, eff. 6-30-95.)
| ||||||
11 | (225 ILCS 325/42) (from Ch. 111, par. 5242)
| ||||||
12 | (Section scheduled to be repealed on January 1, 2010)
| ||||||
13 | Sec. 42. Civil penalties.
| ||||||
14 | (1) In addition to any other penalty provided by law, any | ||||||
15 | person, sole
proprietorship, professional service corporation, | ||||||
16 | limited liability company,
partnership, or other entity
who
| ||||||
17 | violates Section 40 of this Act shall forfeit and pay to the | ||||||
18 | Design
Professionals Administration and Investigation Fund a | ||||||
19 | civil penalty in an
amount determined by the Department of not | ||||||
20 | more than $25,000 $5,000 for
each offense. The penalty shall be | ||||||
21 | assessed in proceedings as provided in
Sections 26 through 33 | ||||||
22 | and Section 37 of this Act.
| ||||||
23 | (2) Unless the amount of the penalty is paid within 60 days | ||||||
24 | after the
order becomes final, the order shall constitute a | ||||||
25 | judgment and shall be
filed and execution issued thereon in the |
| |||||||
| |||||||
1 | same manner as the judgment of
a court of record.
| ||||||
2 | (Source: P.A. 88-595, eff. 8-26-94; 89-61, eff. 6-30-95.)
| ||||||
3 | (225 ILCS 325/3 rep.)
| ||||||
4 | Section 15. The Professional Engineering Practice Act of | ||||||
5 | 1989 is amended by repealing Section 3.
|