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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 Interior Design Title Act is amended by | ||||||
5 | changing Sections 2, 3, 4, 4.5, 5, 6, 8, 9, 13, 25, and 26 and | ||||||
6 | by adding Section 3.5 as follows:
| ||||||
7 | (225 ILCS 310/2) (from Ch. 111, par. 8202)
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8 | (Section scheduled to be repealed on January 1, 2012)
| ||||||
9 | Sec. 2. Public policy. Interior design in the State of | ||||||
10 | Illinois is hereby
declared to affect the public health, | ||||||
11 | safety, and welfare and to be subject to
regulation and control | ||||||
12 | in the public interest. It is further declared to be of
public | ||||||
13 | interest to recognize and define the separate discipline of | ||||||
14 | residential
interior design. It is further declared to be a | ||||||
15 | matter of public interest and
concern that the interior design | ||||||
16 | and residential interior design professions
merit and receive | ||||||
17 | the confidence of the public and that only qualified persons
be | ||||||
18 | permitted to use the title of registered interior designer or | ||||||
19 | registered residential interior
designer in the State of | ||||||
20 | Illinois. This Act shall be liberally construed to
carry out | ||||||
21 | these objectives and purposes.
| ||||||
22 | (Source: P.A. 88-650, eff. 9-16-94.)
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1 | (225 ILCS 310/3) (from Ch. 111, par. 8203)
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2 | (Section scheduled to be repealed on January 1, 2012)
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3 | Sec. 3. Definitions. As used in this Act:
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4 | "Department" means the Illinois Department of Financial | ||||||
5 | and Professional
Regulation.
| ||||||
6 | " Secretary Director " means the Secretary Director of | ||||||
7 | Financial and the Department of Professional
Regulation.
| ||||||
8 | "Board" means the Board of Registered Interior Design | ||||||
9 | Professionals established
under Section 6 of this Act.
| ||||||
10 | "Public member" means a person who is not an interior | ||||||
11 | designer,
educator in the field, architect, structural | ||||||
12 | engineer, or professional
engineer. For purposes of board | ||||||
13 | membership, any person with a significant
financial interest in | ||||||
14 | the design or construction service or profession is
not a | ||||||
15 | public member.
| ||||||
16 | " Registered interior Interior designer" means a person who | ||||||
17 | has received registration
under Section 8 of this Act.
| ||||||
18 | " Registered residential Residential interior designer" | ||||||
19 | means a person who is registered
under this Act to provide | ||||||
20 | design services for single family
private dwellings, including | ||||||
21 | single family private residences or dwellings
within a multiple | ||||||
22 | residence, excluding the common areas.
| ||||||
23 | "Family" means one or more persons who are living together | ||||||
24 | in a single
dwelling and maintaining a common household.
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25 | "Multiple residence" means a building containing 2 or more | ||||||
26 | living units with
independent cooking and bathroom facilities |
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| |||||||
1 | whether designated as an apartment
house, condominium, co-op, | ||||||
2 | tenement, or garden apartment, or called by any
other name.
| ||||||
3 | "Common area" means an area that is held out for use by all | ||||||
4 | tenants and
owners in a multiple residence including but not | ||||||
5 | limited to a lobby, elevator,
hallway, laundry room, swimming | ||||||
6 | pool, storage room, or recreation area.
| ||||||
7 | "The profession of interior design", within the meaning and | ||||||
8 | intent
of this Act, refers to persons qualified by education, | ||||||
9 | experience, and
examination, who administer contracts for | ||||||
10 | fabrication, procurement, or
installation in the | ||||||
11 | implementation of designs, drawings, and specifications
for | ||||||
12 | any interior design project and offer or furnish professional | ||||||
13 | services,
such as consultations, studies, drawings, and | ||||||
14 | specifications in connection
with the location of lighting | ||||||
15 | fixtures, lamps and specifications of ceiling
finishes as shown | ||||||
16 | in reflected ceiling plans, space planning, furnishings,
or the | ||||||
17 | fabrication of non-loadbearing structural elements within and
| ||||||
18 | surrounding interior spaces of buildings but specifically | ||||||
19 | excluding
mechanical and electrical systems, except for | ||||||
20 | specifications of fixtures
and their location within interior | ||||||
21 | spaces.
| ||||||
22 | A person represents himself or herself to be a an | ||||||
23 | " registered interior designer" within the
meaning of this Act | ||||||
24 | if he or she holds himself or herself out to the public by any | ||||||
25 | title
incorporating the words "interior design", " registered | ||||||
26 | interior designer" , or any
title that includes the words |
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| |||||||
1 | " registered interior design". A person represents himself or | ||||||
2 | herself to
be a " registered residential interior designer" | ||||||
3 | within the meaning of this Act if he or she holds
himself or | ||||||
4 | herself out to the public by any title incorporating the words | ||||||
5 | "residential
interior design", " registered residential | ||||||
6 | interior designer" , or any title that includes
the words | ||||||
7 | " registered residential interior design".
| ||||||
8 | (Source: P.A. 88-650, eff. 9-16-94.)
| ||||||
9 | (225 ILCS 310/3.5 new)
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10 | Sec. 3.5. References to Department or Director of | ||||||
11 | Professional Regulation. References in this Act (i) to the | ||||||
12 | Department of Professional Regulation are deemed, in | ||||||
13 | appropriate contexts, to be references to the Department of | ||||||
14 | Financial and Professional Regulation and (ii) to the Director | ||||||
15 | of Professional Regulation are deemed, in appropriate | ||||||
16 | contexts, to be references to the Secretary of Financial and | ||||||
17 | Professional Regulation.
| ||||||
18 | (225 ILCS 310/4) (from Ch. 111, par. 8204)
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19 | (Section scheduled to be repealed on January 1, 2012)
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20 | Sec. 4. Title; application of Act. | ||||||
21 | (a) No individual shall, without a valid registration as an
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22 | interior designer issued by the Department, in any manner hold | ||||||
23 | himself or herself out
to the public as a registered an | ||||||
24 | interior designer or attach the title " registered interior
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| |||||||
1 | designer" or any other name or designation which would in any | ||||||
2 | way imply
that he or she is able to use the title " registered | ||||||
3 | interior designer" as defined in this Act.
No individual shall, | ||||||
4 | without a valid registration as a registered residential | ||||||
5 | interior
designer issued by the Department, in any manner hold | ||||||
6 | himself or herself out to the
public as a registered | ||||||
7 | residential interior designer, or use the title " registered | ||||||
8 | residential
interior designer" or any name or designation that | ||||||
9 | would in any way imply that
he or she is able to use the title | ||||||
10 | " registered residential interior designer" as defined in this
| ||||||
11 | Act.
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12 | (a-5) Nothing in this Act shall be construed as preventing | ||||||
13 | or restricting
the services offered or advertised by an | ||||||
14 | interior designer who is registered
under this Act.
| ||||||
15 | (b) Nothing in this Act shall prevent the employment, by a | ||||||
16 | registered an interior
designer or registered residential | ||||||
17 | interior designer, association, partnership, or a
corporation | ||||||
18 | furnishing interior design or residential interior design | ||||||
19 | services
for remuneration, of persons not registered as | ||||||
20 | interior designers or
residential interior designers to | ||||||
21 | perform services in various capacities as
needed, provided that | ||||||
22 | the persons do not represent themselves as, or use the
title | ||||||
23 | of, "interior designer", "registered interior designer" , | ||||||
24 | "residential
interior designer" or "registered residential | ||||||
25 | interior designer".
| ||||||
26 | (c) Nothing in this Act shall be construed to limit the |
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1 | activities and
use of the title "interior designer" or | ||||||
2 | "residential interior designer" on
the part of a person not | ||||||
3 | registered under this Act who is a graduate of an
interior | ||||||
4 | design program and a full-time employee of a duly chartered
| ||||||
5 | institution of higher education insofar as such person engages | ||||||
6 | in public
speaking, with or without remuneration, provided that | ||||||
7 | such person does not
represent himself or herself to be an | ||||||
8 | interior designer or use the title "registered
interior | ||||||
9 | designer" or "registered residential interior designer".
| ||||||
10 | (d) Nothing contained in this Act shall restrict any person | ||||||
11 | not
registered under this Act from carrying out any of the | ||||||
12 | activities
listed in the definition of "the profession of | ||||||
13 | interior design" in
Section 3 if such person does not represent | ||||||
14 | himself or herself or
his or her services in any manner | ||||||
15 | prohibited by this Act.
| ||||||
16 | (e) Nothing in this Act shall be construed as preventing or | ||||||
17 | restricting
the practice, services, or activities of any person | ||||||
18 | licensed in this State
under any other law from engaging in the | ||||||
19 | profession or occupation for which
he or she is licensed.
| ||||||
20 | (f) Nothing in this Act shall be construed as preventing or | ||||||
21 | restricting
the practice, services, or activities of engineers | ||||||
22 | licensed under the
Professional Engineering Practice Act of | ||||||
23 | 1989 or the Structural
Engineering Practice Act of 1989; | ||||||
24 | architects licensed
pursuant to the
Illinois Architectural | ||||||
25 | Practice Act of 1989; any interior decorator or
individual | ||||||
26 | offering interior decorating services including, but not |
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1 | limited
to, the selection of surface materials, window | ||||||
2 | treatments, wall coverings,
furniture, accessories, paint, | ||||||
3 | floor coverings, and lighting fixtures; or
builders, home | ||||||
4 | furnishings salespersons, and similar purveyors of goods and
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5 | services relating to homemaking.
| ||||||
6 | (g) Nothing in this Act or any other Act shall prevent a | ||||||
7 | licensed
architect from practicing interior design services or | ||||||
8 | from using the title
"interior designer" or "residential | ||||||
9 | interior designer" . Nothing in this
Act shall be construed as | ||||||
10 | requiring the services of a registered an interior designer or
| ||||||
11 | registered residential interior designer for the interior | ||||||
12 | designing of a single family
residence.
| ||||||
13 | (h) Nothing in this Act shall authorize registered interior | ||||||
14 | designers or registered residential
interior designers to | ||||||
15 | perform services, including life safety services that
they are | ||||||
16 | prohibited from performing, or any practice (i) that is | ||||||
17 | restricted in
the Illinois Architecture Practice Act of 1989, | ||||||
18 | the Professional Engineering
Practice Act of 1989, or the | ||||||
19 | Structural Engineering Practice
Act of 1989, or (ii) that they | ||||||
20 | are not authorized to perform under the
Environmental Barriers | ||||||
21 | Act.
| ||||||
22 | (Source: P.A. 91-91, eff. 1-1-00; 91-357, eff. 7-29-99; 92-16, | ||||||
23 | eff.
6-28-01.)
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24 | (225 ILCS 310/4.5)
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25 | (Section scheduled to be repealed on January 1, 2012)
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1 | Sec. 4.5. Unregistered practice; violation; civil penalty.
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2 | (a) Any person who holds himself or herself out to be
a | ||||||
3 | registered an interior designer without being registered under | ||||||
4 | this Act shall, in
addition to any other penalty provided by | ||||||
5 | law, pay a civil penalty to the
Department in an amount not to | ||||||
6 | exceed $5,000 for each offense as determined
by the Department. | ||||||
7 | The civil penalty shall be assessed by the Department
after a | ||||||
8 | hearing is held in accordance with the provisions set forth in | ||||||
9 | this
Act regarding the provision of a hearing for the | ||||||
10 | discipline of a licensee.
| ||||||
11 | (b) The Department has the authority and power to | ||||||
12 | investigate any
illegal use of the title of registered interior | ||||||
13 | designer or registered residential interior
designer.
| ||||||
14 | (c) The civil penalty shall be paid within 60 days after | ||||||
15 | the effective date
of the order imposing the civil penalty. The | ||||||
16 | order shall constitute a judgment
and may be filed and | ||||||
17 | execution had thereon in the same manner as any judgment
from | ||||||
18 | any court of record.
| ||||||
19 | (Source: P.A. 92-104, eff. 7-20-01.)
| ||||||
20 | (225 ILCS 310/5) (from Ch. 111, par. 8205)
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21 | (Section scheduled to be repealed on January 1, 2012)
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22 | Sec. 5. Powers and duties of the Department. Subject to the
| ||||||
23 | provisions of this Act, the Department shall exercise the | ||||||
24 | following
functions, powers, and duties:
| ||||||
25 | (a) To conduct or authorize examinations to ascertain the |
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1 | fitness and
qualifications of applicants for registration and | ||||||
2 | issue certificates of
registration to those who are found to be | ||||||
3 | fit and qualified.
| ||||||
4 | (b) To prescribe rules and regulations for a method of | ||||||
5 | examination of
candidates. The Department shall designate as | ||||||
6 | its examination for registered interior
designers the National | ||||||
7 | Council for Interior Design Qualification examination.
The | ||||||
8 | Department shall designate as its examination for registered | ||||||
9 | residential interior
designers the Council for Qualification | ||||||
10 | of Residential Interior Designers
Examination.
| ||||||
11 | (c) To adopt as its own rules relating to education
| ||||||
12 | requirements, those guidelines published from time to time by | ||||||
13 | the
Foundation for Interior Design Education Research or its | ||||||
14 | equivalent.
| ||||||
15 | (d) To conduct hearings on proceedings to revoke, suspend, | ||||||
16 | or refuse to
issue certificates of registration.
| ||||||
17 | (e) To promulgate rules and regulations required for the | ||||||
18 | administration
of this Act.
| ||||||
19 | (Source: P.A. 88-650, eff. 9-16-94.)
| ||||||
20 | (225 ILCS 310/6) (from Ch. 111, par. 8206)
| ||||||
21 | (Section scheduled to be repealed on January 1, 2012)
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22 | Sec. 6. Board of Registered Interior Design Professionals. | ||||||
23 | There is created a
Board of Registered Interior Design | ||||||
24 | Professionals to be composed of persons designated
from time to | ||||||
25 | time by the Director, as follows:
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1 | (a) For the first year, 5 persons, 4 of whom have been | ||||||
2 | interior
designers for a period of 5 years or more who would | ||||||
3 | qualify upon
application to the Department under this Act to be
| ||||||
4 | registered interior designers, and one public member. After the | ||||||
5 | initial
appointments, each interior design member shall hold a | ||||||
6 | valid registration as a registered interior
design | ||||||
7 | registration . After the effective date of this amendatory Act | ||||||
8 | of
1994, 2 additional persons shall be appointed to the Board | ||||||
9 | who have been
residential interior designers for a period of 5 | ||||||
10 | years or more and who would
qualify upon application under this | ||||||
11 | Act to be registered as a residential
interior designer. After | ||||||
12 | the initial appointments of the 2 additional members,
each | ||||||
13 | residential interior designer member shall hold a valid | ||||||
14 | registration as a registered residential
interior designer | ||||||
15 | registration . The Board shall annually elect a chairman.
| ||||||
16 | (b) Terms for all members shall be 3 years. For initial
| ||||||
17 | appointments, one member shall be appointed to serve for one | ||||||
18 | year, 2
shall be appointed to serve for 2 years, and the | ||||||
19 | remaining shall be
appointed to serve for 3 years and until | ||||||
20 | their successors are appointed
and qualified. Initial terms | ||||||
21 | shall begin on the effective date of this
Act. For the initial | ||||||
22 | appointments of the 2 additional members added by this
| ||||||
23 | amendatory Act of 1994, one shall be appointed to serve for one | ||||||
24 | year and the
other to serve for 2 years, and until their | ||||||
25 | successors are appointed and
qualified. Partial terms over 2 | ||||||
26 | years in length shall be considered as full
terms. A member may |
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1 | be reappointed for a successive term, but no member shall
serve | ||||||
2 | more than 2 full terms.
| ||||||
3 | (c) The membership of the Board should reasonably reflect | ||||||
4 | representation
from the various geographic areas of the State.
| ||||||
5 | (d) In making appointments to the Board, the Director shall | ||||||
6 | give due
consideration to recommendations by national and state | ||||||
7 | organizations of the
interior design profession and the | ||||||
8 | residential interior design profession,
and shall promptly | ||||||
9 | give due notice to such organizations of any vacancy in the
| ||||||
10 | membership of the Board. The Director may terminate the | ||||||
11 | appointment of any
member for any cause, which in the opinion | ||||||
12 | of the Director, reasonably
justifies such termination.
| ||||||
13 | (e) A vacancy in the membership of the Board shall not | ||||||
14 | impair the right
of a quorum to exercise all the rights and | ||||||
15 | perform all the duties of the Board.
| ||||||
16 | (f) The members of the Board shall each receive as | ||||||
17 | compensation a
reasonable sum as determined by the Director for | ||||||
18 | each day actually engaged
in the duties of the office, and all | ||||||
19 | legitimate and necessary expenses
incurred in attending the | ||||||
20 | meeting of the Board.
| ||||||
21 | (g) Members of the Board shall be immune from suit in any | ||||||
22 | action based
upon any disciplinary proceedings or other | ||||||
23 | activities performed in good
faith as members of the Board.
| ||||||
24 | (Source: P.A. 88-650, eff. 9-16-94.)
| ||||||
25 | (225 ILCS 310/8) (from Ch. 111, par. 8208)
|
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| |||||||
1 | (Section scheduled to be repealed on January 1, 2012)
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2 | Sec. 8. Requirements for registration.
| ||||||
3 | (a) Each applicant for registration shall apply to the | ||||||
4 | Department in
writing on a form provided by the Department. | ||||||
5 | Except as otherwise provided in
this Act, each applicant shall | ||||||
6 | take and pass the examination approved by the
Department. Prior | ||||||
7 | to registration, the applicant shall provide substantial
| ||||||
8 | evidence to the Board that the applicant:
| ||||||
9 | (1) is a graduate of a 5 year interior design program | ||||||
10 | from an
accredited institution and has completed at least 2 | ||||||
11 | years of full time
diversified interior design experience;
| ||||||
12 | (2) is a graduate of a 4 year interior design program | ||||||
13 | from an
accredited institution and has completed at least 2 | ||||||
14 | years of full time
diversified interior design experience;
| ||||||
15 | (3) has completed at least 3 years of interior design | ||||||
16 | curriculum
from an accredited institution and has | ||||||
17 | completed 3 years of full time
diversified interior design | ||||||
18 | experience;
| ||||||
19 | (4) is a graduate of a 2 year interior design program | ||||||
20 | from an
accredited institution and has completed 4 years of | ||||||
21 | full time diversified
interior design experience; or
| ||||||
22 | (5) holds a high school diploma or GED and has | ||||||
23 | completed 5 years of full
time diversified residential | ||||||
24 | interior design experience.
| ||||||
25 | (b) In addition to providing evidence of meeting the | ||||||
26 | requirements of
subsection (a):
|
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| |||||||
1 | (1) Each applicant for registration as a registered an | ||||||
2 | interior designer shall
provide substantial evidence that | ||||||
3 | he or she has successfully completed the
examination | ||||||
4 | administered by the National Council for Interior Design
| ||||||
5 | Qualifications.
| ||||||
6 | (2) Each applicant for registration as a registered | ||||||
7 | residential interior designer
shall provide substantial | ||||||
8 | evidence that he or she has successfully completed
the | ||||||
9 | examination administered by the Council for Qualification | ||||||
10 | of Residential
Interior Designers.
| ||||||
11 | Examinations for applicants under this Act may be held at | ||||||
12 | the direction of
the Department from time to time but not less | ||||||
13 | than once each year. The scope
and form of the examination | ||||||
14 | shall conform to the National Council for Interior
Design | ||||||
15 | Qualification examination for interior designers and the | ||||||
16 | Council for
Qualification of Residential Interior Designers | ||||||
17 | for residential interior
designers.
| ||||||
18 | Each applicant for registration who possesses the | ||||||
19 | necessary
qualifications shall pay to the Department the | ||||||
20 | required registration fee,
which is not refundable.
| ||||||
21 | An individual applying for registration shall have 3 years | ||||||
22 | from the
date of application to complete the application | ||||||
23 | process. If the process
has not been completed in 3 years, the | ||||||
24 | application shall be denied and the
fee forfeited. The | ||||||
25 | applicant may reapply, but shall meet the requirements
in | ||||||
26 | effect at the time of reapplication.
|
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| |||||||
1 | (c) (Blank). If any applicant applies for registration | ||||||
2 | between January 1, 1993, and
January 31, 1993, and had | ||||||
3 | completed by June 30, 1992 at least 8 years of full
time, | ||||||
4 | diversified professional experience in interior design or a | ||||||
5 | combination
of full time experience and interior design | ||||||
6 | education to equal 8 years, the
applicant may be issued a | ||||||
7 | certificate of registration without examination.
Registration | ||||||
8 | under this subsection shall be subject to the Board's
| ||||||
9 | discretionary review of the experience qualification.
| ||||||
10 | Notwithstanding any other provisions in this Act, anyone | ||||||
11 | who has submitted
an application within 5 days after the | ||||||
12 | effective date of this amendatory Act of
1994 and has completed | ||||||
13 | at least 15 years of full-time, diversified professional
| ||||||
14 | experience in interior design may be issued a certificate of | ||||||
15 | registration
without examination.
| ||||||
16 | (c-5) (Blank). If any applicant applies for registration as | ||||||
17 | a residential interior
designer within one year after the | ||||||
18 | effective date of this amendatory Act of
1994 and has completed | ||||||
19 | at least 5 years of full time, diversified professional
| ||||||
20 | experience in residential interior design or a combination of | ||||||
21 | full time
experience and residential interior design education | ||||||
22 | equal to 5 years, the
applicant may be issued a certificate of | ||||||
23 | registration without examination.
Registration under this | ||||||
24 | subsection shall be subject to the Board's
discretionary review | ||||||
25 | of the experience qualification.
| ||||||
26 | (d) Upon payment of the required fee, which shall be |
| |||||||
| |||||||
1 | determined by rule,
an applicant who is an architect licensed | ||||||
2 | under the laws of this State may,
without examination, be | ||||||
3 | granted registration as a registered an interior designer or
| ||||||
4 | registered residential interior designer by the Department | ||||||
5 | provided the applicant submits
proof of an active architectural | ||||||
6 | license in Illinois.
| ||||||
7 | (e) An interior designer registered under the laws of this | ||||||
8 | State may,
without examination or re-application, use the title | ||||||
9 | " Registered Residential Interior
Designer".
| ||||||
10 | (Source: P.A. 87-756; 87-1237; 87-1269; 88-45; 88-650, eff. | ||||||
11 | 9-16-94.)
| ||||||
12 | (225 ILCS 310/9) (from Ch. 111, par. 8209)
| ||||||
13 | (Section scheduled to be repealed on January 1, 2012)
| ||||||
14 | Sec. 9. Expiration; renewal; restoration.
| ||||||
15 | (a) The expiration date and renewal period for each | ||||||
16 | certificate of
registration issued under this Act shall be set | ||||||
17 | by rule. A registrant may
renew such registration during the | ||||||
18 | month preceding its expiration date by
paying the required | ||||||
19 | renewal fee.
| ||||||
20 | (b) Inactive status.
| ||||||
21 | (1) Any registrant who notifies the Department in | ||||||
22 | writing on forms
prescribed by the Department may elect to | ||||||
23 | place his or her certificate of
registration on an inactive | ||||||
24 | status and shall, subject to rules of the
Department, be | ||||||
25 | excused from payment of renewal fees until he or she |
| |||||||
| |||||||
1 | notifies the
Department in writing of his or her desire to | ||||||
2 | resume active status.
| ||||||
3 | (2) Any registrant requesting restoration from | ||||||
4 | inactive status shall be
required to pay the current | ||||||
5 | renewal fee and shall be required to restore
his or her | ||||||
6 | registration.
| ||||||
7 | (3) Any registrant whose registration is on inactive | ||||||
8 | status shall
not use the title " registered interior | ||||||
9 | designer" or " registered residential interior designer"
in | ||||||
10 | the State of Illinois.
| ||||||
11 | (4) Any registrant who uses the title " registered | ||||||
12 | interior designer" or
" registered residential interior | ||||||
13 | designer" while his or her
certificate of registration is | ||||||
14 | lapsed or inactive shall be considered to be
using the | ||||||
15 | title without a registration which shall be grounds for
| ||||||
16 | discipline under Section 13 of this Act.
| ||||||
17 | (c) Any registrant whose registration has expired may have | ||||||
18 | his
or her certificate of registration restored at any time | ||||||
19 | within 5 years
after its expiration, upon payment of the | ||||||
20 | required fee.
| ||||||
21 | (d) Any person whose registration has been expired for more | ||||||
22 | than
5 years may have his or her registration restored by | ||||||
23 | making application to the
Department and filing proof | ||||||
24 | acceptable to the Department of his or her fitness to
have his | ||||||
25 | or her registration restored, including sworn evidence | ||||||
26 | certifying to
active lawful practice in another jurisdiction, |
| |||||||
| |||||||
1 | and by paying the required
restoration fee. A person using the | ||||||
2 | title " registered interior designer" or
" registered | ||||||
3 | residential interior designer" on an expired
registration is | ||||||
4 | deemed to be in violation of this Act.
| ||||||
5 | (e) If a person whose certificate of registration has | ||||||
6 | expired has not
maintained active status in another | ||||||
7 | jurisdiction, the Department shall
determine, by an evaluation | ||||||
8 | process established by rule, his or her fitness to
resume | ||||||
9 | active status and may require the person to complete a period | ||||||
10 | of
evaluated practical experience, and may require successful | ||||||
11 | completion of
an examination.
| ||||||
12 | (f) Any person whose certificate of registration has | ||||||
13 | expired while he or she
has been engaged (1) in federal or | ||||||
14 | State service active duty, or (2) in
training or education | ||||||
15 | under the supervision of the United States
preliminary to | ||||||
16 | induction into the military service, may have his
or her | ||||||
17 | registration restored without paying any lapsed renewal or | ||||||
18 | restoration fee
if, within 2 years after termination of such | ||||||
19 | service, training or
education, he or she furnishes the | ||||||
20 | Department with satisfactory proof that he or she has
been so | ||||||
21 | engaged and that his or her service, training, or education has | ||||||
22 | been
so terminated.
| ||||||
23 | (g) An individual applying for restoration of a | ||||||
24 | registration shall have 3
years from the date of application to | ||||||
25 | complete the application process. If
the process has not been | ||||||
26 | completed in 3 years, the application shall be
denied and the |
| |||||||
| |||||||
1 | fee forfeited. The applicant may reapply, but shall meet the
| ||||||
2 | requirement in effect at the time of reapplication.
| ||||||
3 | (Source: P.A. 87-756; 88-650, eff. 9-16-94.)
| ||||||
4 | (225 ILCS 310/13) (from Ch. 111, par. 8213)
| ||||||
5 | (Section scheduled to be repealed on January 1, 2012)
| ||||||
6 | Sec. 13. Refusal, revocation or suspension of | ||||||
7 | registration. The Department may refuse to issue, renew, or | ||||||
8 | restore or may revoke, suspend,
place on probation, reprimand | ||||||
9 | or take other disciplinary action as the
Department may deem | ||||||
10 | proper, including fines not to exceed $5,000 for
each | ||||||
11 | violation, with regard to any registration for any one or | ||||||
12 | combination
of the following causes:
| ||||||
13 | (a) Fraud in procuring the certificate of | ||||||
14 | registration.
| ||||||
15 | (b) Habitual intoxication or addiction to the use of | ||||||
16 | drugs.
| ||||||
17 | (c) Making any misrepresentations or false promises, | ||||||
18 | directly or
indirectly, to influence, persuade, or induce | ||||||
19 | patronage.
| ||||||
20 | (d) Professional connection or association with, or | ||||||
21 | lending his or her name, to
another for illegal use of the | ||||||
22 | title " registered interior designer" or " registered | ||||||
23 | residential
interior designer", or professional connection | ||||||
24 | or association with any person,
firm, or corporation | ||||||
25 | holding itself out in any manner contrary to this Act.
|
| |||||||
| |||||||
1 | (e) Obtaining or seeking to obtain checks, money, or | ||||||
2 | any other items of
value by false or fraudulent | ||||||
3 | representations.
| ||||||
4 | (f) Use of the title under a name other than his or her | ||||||
5 | own.
| ||||||
6 | (g) Improper, unprofessional, or dishonorable conduct | ||||||
7 | of a character
likely to deceive, defraud, or harm the | ||||||
8 | public.
| ||||||
9 | (h) Conviction in this or another state, or federal | ||||||
10 | court, of any crime
which is a felony, if the Department | ||||||
11 | determines, after investigation, that
such person has not | ||||||
12 | been sufficiently rehabilitated to warrant the public
| ||||||
13 | trust.
| ||||||
14 | (i) A violation of any provision of this Act or its | ||||||
15 | rules.
| ||||||
16 | (j) Revocation by another state, the District of | ||||||
17 | Columbia, territory, or
foreign nation of an interior | ||||||
18 | design or residential interior design
registration if at | ||||||
19 | least one of the
grounds for that revocation is the same as | ||||||
20 | or the equivalent of one of the
grounds for revocation set | ||||||
21 | forth in this Act.
| ||||||
22 | (k) Mental incompetence as declared by a court of | ||||||
23 | competent jurisdiction.
| ||||||
24 | (l) Being named as a perpetrator in an indicated report | ||||||
25 | by the
Department of Children and Family Services pursuant | ||||||
26 | to the Abused and
Neglected Child Reporting Act, and upon |
| |||||||
| |||||||
1 | proof by clear and convincing
evidence that the registrant | ||||||
2 | has caused a child to be an abused child or
neglected child | ||||||
3 | as defined in the Abused and Neglected Child Reporting Act.
| ||||||
4 | The Department shall deny a registration or renewal | ||||||
5 | authorized by
this Act to any person who has defaulted on an | ||||||
6 | educational loan guaranteed
by the Illinois Student Assistance | ||||||
7 | Commission; however, the Department may
issue a certificate of | ||||||
8 | registration or renewal if such person has
established a | ||||||
9 | satisfactory repayment record as determined by the
Illinois | ||||||
10 | Student Assistance Commission.
| ||||||
11 | The Department may refuse to issue or may suspend the | ||||||
12 | registration
of any person who fails to file a return, or to | ||||||
13 | pay the tax, penalty, or
interest showing in a filed return, or | ||||||
14 | to pay any final assessment of tax,
penalty, or interest, as | ||||||
15 | required by any tax Act administered by the
Illinois Department | ||||||
16 | of Revenue, until such time as the requirements of any
such tax | ||||||
17 | Act are satisfied.
| ||||||
18 | The entry of a decree by any circuit court establishing | ||||||
19 | that any person
holding a certificate of registration under | ||||||
20 | this Act is a person subject to
involuntary admission under the | ||||||
21 | Mental Health and Developmental Disabilities
Code shall | ||||||
22 | operate as a suspension of that registration. That person may
| ||||||
23 | resume using the title " registered interior designer" or | ||||||
24 | " registered residential interior
designer" only upon a finding | ||||||
25 | by the Board that he or she has been determined to be no
longer | ||||||
26 | subject to involuntary admission by the court and upon the |
| |||||||
| |||||||
1 | Board's
recommendation to the Director that he or she be | ||||||
2 | permitted to resume using the title
" registered interior | ||||||
3 | designer" or " registered residential interior designer".
| ||||||
4 | (Source: P.A. 91-357, eff. 7-29-99.)
| ||||||
5 | (225 ILCS 310/25) (from Ch. 111, par. 8225)
| ||||||
6 | (Section scheduled to be repealed on January 1, 2012)
| ||||||
7 | Sec. 25. Injunctions. The use of the title " registered | ||||||
8 | interior designer" or
" registered residential interior | ||||||
9 | designer", as defined in Section 3, by any person not
holding a | ||||||
10 | valid and current registration under this Act is declared to be
| ||||||
11 | inimical to the public welfare, to constitute a public | ||||||
12 | nuisance, and to cause
irreparable harm to the public welfare. | ||||||
13 | The Director, the Attorney General,
the State's Attorney of any | ||||||
14 | county in the State, or any person may
maintain an action in | ||||||
15 | the name of the People of the State of Illinois, and
may apply | ||||||
16 | for an injunction in the circuit court to enjoin any such | ||||||
17 | person
from engaging in the unlawful use of the title | ||||||
18 | " registered interior designer" or
" registered residential | ||||||
19 | interior designer". Upon the filing of a verified petition, the
| ||||||
20 | court or any judge, if satisfied by affidavit or otherwise that | ||||||
21 | such person has
been engaged in such use without a valid and | ||||||
22 | current registration, may issue a
temporary injunction without | ||||||
23 | notice or bond, enjoining the defendant from any
such further | ||||||
24 | use. Only the showing of the person's lack of registration, by
| ||||||
25 | affidavit or otherwise, is necessary in order for a temporary |
| |||||||
| |||||||
1 | injunction to
issue. A copy of the verified complaint shall be | ||||||
2 | served upon the defendant
and the proceedings shall be | ||||||
3 | conducted as in other civil cases except as
modified by this | ||||||
4 | Section. If it is established that the defendant has been
or is | ||||||
5 | engaged in any such unlawful use, the court or any judge may | ||||||
6 | enter an
order or judgment perpetually enjoining the defendant | ||||||
7 | from further such
use. In all proceedings under this Section, | ||||||
8 | the court, in its discretion,
may apportion the costs among the | ||||||
9 | parties interested in the suit, including
cost of filing the | ||||||
10 | complaint, service of process, witness fees and
expenses, court | ||||||
11 | reporter charges and reasonable attorney's fees. In case of
| ||||||
12 | violation of any injunction issued under this Section, the | ||||||
13 | court or any
judge may summarily try and punish the offender | ||||||
14 | for contempt of court. Such
injunction proceedings are in | ||||||
15 | addition to, and not in lieu of, all
penalties and other | ||||||
16 | remedies provided in this Act.
| ||||||
17 | (Source: P.A. 88-650, eff. 9-16-94.)
| ||||||
18 | (225 ILCS 310/26) (from Ch. 111, par. 8226)
| ||||||
19 | (Section scheduled to be repealed on January 1, 2012)
| ||||||
20 | Sec. 26. Unlawful use; second offenses. Any person who uses | ||||||
21 | the title
" registered interior designer" or " registered | ||||||
22 | residential interior designer" in this State without
being | ||||||
23 | registered under this Act, or whose registration has been | ||||||
24 | suspended,
inactive, or revoked, or who violates any of the | ||||||
25 | provisions of this Act is
guilty of a Class A misdemeanor. Any |
| |||||||
| |||||||
1 | person who has been previously convicted
of violating this Act | ||||||
2 | and who subsequently violates any of the provisions of
this Act | ||||||
3 | is guilty of a Class 4 felony. In addition, whenever any person | ||||||
4 | is
punished as a subsequent offender under this Section, the | ||||||
5 | Director may proceed
to obtain a permanent injunction against | ||||||
6 | such person under Section 25 of this
Act.
| ||||||
7 | (Source: P.A. 88-650, eff. 9-16-94.)
|