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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 1. Short title. This Act may be cited as the Tree | ||||||||||||||||||||||||||||
5 | Expert Licensing Act. | ||||||||||||||||||||||||||||
6 | Section 5. Purpose. Practice in the tree expert profession | ||||||||||||||||||||||||||||
7 | in the State of Illinois is hereby declared to affect the | ||||||||||||||||||||||||||||
8 | public health, safety, and welfare and to be subject to | ||||||||||||||||||||||||||||
9 | regulation and control in the public interest. It is further | ||||||||||||||||||||||||||||
10 | declared to be a matter of public interest and concern that the | ||||||||||||||||||||||||||||
11 | tree expert profession merit and receive the confidence of the | ||||||||||||||||||||||||||||
12 | public and that only qualified persons be permitted to use the | ||||||||||||||||||||||||||||
13 | title of tree expert in the State of Illinois. This Act shall | ||||||||||||||||||||||||||||
14 | be liberally construed to carry out these objectives and | ||||||||||||||||||||||||||||
15 | purposes. | ||||||||||||||||||||||||||||
16 | Section 10. Definitions. In this Act: | ||||||||||||||||||||||||||||
17 | "Board" means the Tree Expert Licensing Board. | ||||||||||||||||||||||||||||
18 | "Department" means the Department of Agriculture. | ||||||||||||||||||||||||||||
19 | "Director" means the Director of Agriculture. | ||||||||||||||||||||||||||||
20 | "Person" means any individual, partnership, corporation, | ||||||||||||||||||||||||||||
21 | business trust, limited liability company, or other legal | ||||||||||||||||||||||||||||
22 | entity. |
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1 | "Tree expert" means any person who, for profit, (i) | ||||||
2 | diagnoses the condition of shade or ornamental trees and | ||||||
3 | recommends or supervises the treatment of any such trees, (ii) | ||||||
4 | in any manner treats ornamental trees or any such trees by | ||||||
5 | feeding or fertilizing, or by pruning, trimming, bracing, | ||||||
6 | treating cavities, or other methods, (iii) in any manner | ||||||
7 | engages in the removal of ornamental or any such trees, or (iv) | ||||||
8 | protects or attempts to protect ornamental trees or any such | ||||||
9 | trees from damage by insects or disease by spraying or any | ||||||
10 | other method. | ||||||
11 | Section 15. Application of Act; exemptions. This Act does | ||||||
12 | not apply to any of the following: | ||||||
13 | (1) Any department, bureau, or agency of the United | ||||||
14 | States of America, the State of Illinois, or any county, | ||||||
15 | municipality, or political subdivision in this State or any | ||||||
16 | official representative of a department, bureau, or agency | ||||||
17 | of the United States of America, the State of Illinois, or | ||||||
18 | any county, municipality, or political subdivision in this | ||||||
19 | State in the pursuit of his or her official duties. | ||||||
20 | (2) Any person with reference to trees on his or her | ||||||
21 | own premises. | ||||||
22 | (3) Any individual performing labor or services on or | ||||||
23 | in connection with trees at the direction and under the | ||||||
24 | personal supervision of a licensed tree expert, while in | ||||||
25 | the performance of those functions. |
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1 | (4) Any public utility, including its authorized | ||||||
2 | employees and agents, when engaged in tree trimming or tree | ||||||
3 | removal for the purpose of line clearance and in order to | ||||||
4 | ensure the continuity of utility service to the public or | ||||||
5 | on the public utility's own property. | ||||||
6 | (5) Any person engaged in commercial logging or timber | ||||||
7 | harvesting
operations. | ||||||
8 | Section 20. Licensure required. Beginning 6 months after | ||||||
9 | the adoption of final administrative rules under this Act, no | ||||||
10 | individual or entity may practice, offer to practice, attempt | ||||||
11 | to practice, or hold himself, herself, or itself out to | ||||||
12 | practice the profession of tree expert without being licensed | ||||||
13 | under this Act. | ||||||
14 | Section 25. Application; licensure requirements. | ||||||
15 | (a) Every person applying to the Department for licensure | ||||||
16 | must do so in writing on forms prescribed by the Department and | ||||||
17 | pay a required nonrefundable fee of $50. An applicant must | ||||||
18 | indicate if the license
is sought for an individual or an | ||||||
19 | entity. The application shall include without limitation the | ||||||
20 | name, principal place of business, address, and telephone | ||||||
21 | number of the applicant. | ||||||
22 | (b) Licensure may be granted in an individual's name to an | ||||||
23 | individual applicant who meets all of the following | ||||||
24 | qualifications: |
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1 | (1) He or she must be at least 21 years of age. | ||||||
2 | (2) He or she must be a citizen of the United States. | ||||||
3 | (3) He or she must hold a current certification from | ||||||
4 | the International Society of Arboriculture or hold a | ||||||
5 | college degree from an accredited school of forestry | ||||||
6 | approved by the Department. | ||||||
7 | (4) He or she must meet all other requirements deemed | ||||||
8 | necessary by the Department. | ||||||
9 | (c) Licensure may be granted in an entity's name to an | ||||||
10 | entity applicant that meets all of the following | ||||||
11 | qualifications: | ||||||
12 | (1) The entity must designate a qualifying party who: | ||||||
13 | (A) possesses a valid individual license under | ||||||
14 | this Act; | ||||||
15 | (B) is legally qualified to act for the entity in | ||||||
16 | all matters connected with the practice of the tree | ||||||
17 | expert profession; and | ||||||
18 | (C) is directly responsible for contracts or the | ||||||
19 | provision of diagnostic services. | ||||||
20 | (2) The entity must be in
compliance with any statutory | ||||||
21 | requirements pertaining to such legal entity. | ||||||
22 | No individual licensee may engage in the practices of a | ||||||
23 | tree expert as an employee or officer or serve as a qualifying | ||||||
24 | party of more than one entity licensee during any one period of | ||||||
25 | time. | ||||||
26 | (d) All applicants for licensure under this Act must |
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1 | provide the Department with proof of compliance with the | ||||||
2 | applicable regulations set forth by the Occupational Safety and | ||||||
3 | Health Administration (OSHA), the American National Standards | ||||||
4 | Institute (ANSI), and the Animal and Plant Health Inspection | ||||||
5 | Service (APHIS) and proof that the applicant has obtained | ||||||
6 | Workers' Compensation insurance covering
the applicant's | ||||||
7 | employees or is approved as a self-insurer of Workers'
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8 | Compensation in
accordance with Illinois law. Any applicant who | ||||||
9 | engages in the application of pesticides as it relates to the | ||||||
10 | practice of the tree expert profession must provide proof to | ||||||
11 | the Department of possessing a valid applicator license under | ||||||
12 | the Illinois Pesticide Act. | ||||||
13 | (e) The Department may establish further requirements for | ||||||
14 | licensure by rule. | ||||||
15 | Section 30. Non-resident applicants; foreign entities. | ||||||
16 | Each non-resident applicant for an original license or a | ||||||
17 | renewal license, except a foreign corporation, shall file an | ||||||
18 | irrevocable consent that actions against the applicant may be | ||||||
19 | filed in any appropriate court of any county or municipality of | ||||||
20 | this State in which the plaintiff resides or in which some part | ||||||
21 | of the transaction occurred, out of which the alleged cause of | ||||||
22 | action arose and that process in any action may be served on | ||||||
23 | the applicant by leaving 2 copies of the process with the | ||||||
24 | Director. Such consent shall stipulate and agree that service | ||||||
25 | of process shall be taken and held to be valid and binding for |
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1 | all purposes. The Director shall send one copy of the process | ||||||
2 | to the applicant at the non-resident licensee's address of | ||||||
3 | record by registered mail. | ||||||
4 | No foreign corporation shall receive a license under this | ||||||
5 | Act until it has been authorized to do business in this State | ||||||
6 | by the Director of State. | ||||||
7 | Section 35. Current address. Every licensee under this Act | ||||||
8 | must maintain a current address with the Department. It shall | ||||||
9 | be the responsibility of the licensee to notify the Department | ||||||
10 | in writing of any change of address. | ||||||
11 | Section 40. Display. Each person licensed under this Act | ||||||
12 | shall affix the license number of his or her license to all of | ||||||
13 | his or her contracts and bids and shall affix the license | ||||||
14 | number and the licensee's name, as it appears on the license, | ||||||
15 | on all commercial vehicles used as part of his or her business | ||||||
16 | as a tree expert.
A license issued under this Act must be | ||||||
17 | displayed in a conspicuous place in the licensee's principal | ||||||
18 | office, place of business, or place of employment. | ||||||
19 | Section 45. Powers and duties of the Department. | ||||||
20 | (a) The Department shall exercise the powers and duties | ||||||
21 | prescribed by the Civil Administrative Code of Illinois for the | ||||||
22 | administration of licensing Acts and shall exercise such other | ||||||
23 | powers and duties vested in it by this Act. |
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1 | (b) The Department shall adopt rules necessary for the | ||||||
2 | administration and enforcement of this Act, including rules | ||||||
3 | concerning standards and criteria for licensure and for the | ||||||
4 | payment of applicable fees. The Department must consult the | ||||||
5 | Board concerning these rules. Notice of proposed rulemaking | ||||||
6 | shall be transmitted to the Board and the Department shall | ||||||
7 | review the Board's response and any recommendations made | ||||||
8 | therein. The Department shall notify the Board in writing of | ||||||
9 | the explanation for any deviations from the Board's | ||||||
10 | recommendations and response. | ||||||
11 | (c) The Department may, at any time, seek the advice and | ||||||
12 | the expert knowledge of the Board on any matter relating to the | ||||||
13 | administration of this Act. | ||||||
14 | (d) The Department must prescribe forms required for the | ||||||
15 | administration of this Act. | ||||||
16 | (e) The Department has the authority and power to | ||||||
17 | investigate any and all unlicensed activities. | ||||||
18 | Section 50. Tree Expert Licensing Board. | ||||||
19 | (a) There is created the Tree Expert Licensing Board, which | ||||||
20 | shall be appointed by the Director and comprised of persons who | ||||||
21 | are residents of this State and who shall serve in an advisory | ||||||
22 | capacity to the Director. The Board shall consist of 5 members, | ||||||
23 | 2 of whom shall be commercial tree experts or arborists who | ||||||
24 | have been engaged in practice as tree experts or arborists for | ||||||
25 | for at least 10 years, one of whom shall be a plant |
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1 | pathologist, one of whom shall be an entomologist, and one of | ||||||
2 | whom shall be a representative of a State or municipal forestry | ||||||
3 | or park department. All members shall be licensed under this | ||||||
4 | Act, except that those members initially appointed shall meet | ||||||
5 | the requirements for licensure and obtain an individual tree | ||||||
6 | expert license within 12 months after the adoption of final | ||||||
7 | administrative rules under this Act. | ||||||
8 | (b) Members of the Board shall serve 4-year terms and until | ||||||
9 | their successors are appointed and qualified, except that of | ||||||
10 | the members of the Board first appointed one commercial tree | ||||||
11 | expert or arborist member shall be appointed to serve for 2 | ||||||
12 | years, one commercial tree expert or arborist member shall be | ||||||
13 | appointed to serve for one year, the plant pathologist member | ||||||
14 | shall serve for 3 years, the entomologist member shall serve | ||||||
15 | for 4 years, and the member who is a representative of a State | ||||||
16 | or municipal forestry or park department shall be appointed to | ||||||
17 | serve for 5 years. No member may serve more than 2 complete | ||||||
18 | 4-year terms. | ||||||
19 | (c) Members of the Board shall be immune from suit in any | ||||||
20 | action based on any disciplinary proceedings or other acts | ||||||
21 | performed in good faith as members of the Board, unless the | ||||||
22 | conduct that gave rise to the suit was willful or wanton | ||||||
23 | misconduct. | ||||||
24 | (d) If a vacancy on the Board occurs for any reason | ||||||
25 | resulting in an unexpired term, within 90 days after the | ||||||
26 | vacancy first occurs, the Director shall fill the vacancy in |
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1 | like manner for the unexpired balance of the term only. The | ||||||
2 | Board shall meet annually to elect one member as chairperson | ||||||
3 | and one member as vice-chairperson from their number. No | ||||||
4 | officer may be elected more than 2 times in succession to the | ||||||
5 | same office. | ||||||
6 | (e) Board members shall receive reimbursement for actual, | ||||||
7 | necessary, and authorized expenses incurred in attending the | ||||||
8 | meetings of the Board.
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9 | Section 55. Renewal; restoration; military service. | ||||||
10 | (a) Licenses issued under this Act must be renewed on an | ||||||
11 | annual basis and upon the payment of a $50 renewal fee. All | ||||||
12 | other renewal requirements shall be set by the Department by | ||||||
13 | rule. | ||||||
14 | (b) Any person who has permitted his or her license to | ||||||
15 | expire may have his or her license restored by applying to the | ||||||
16 | Department, filing proof acceptable to the Department of his or | ||||||
17 | her fitness to have the license restored, which may include | ||||||
18 | sworn evidence certifying to active practice in another | ||||||
19 | jurisdiction satisfactory to the Department, and paying the | ||||||
20 | required restoration fee. If the person has not maintained an | ||||||
21 | active practice in another jurisdiction satisfactory to the | ||||||
22 | Department, the Board shall determine, by an evaluation program | ||||||
23 | established by rule, the person's fitness to resume active | ||||||
24 | status. | ||||||
25 | (c) Any person whose license has expired while he or she |
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1 | has been engaged (i) in federal service on active duty with the | ||||||
2 | Armed Forces of the United States or the State Militia called | ||||||
3 | into service or training or (ii) in training or education under | ||||||
4 | the supervision of the United States preliminary to induction | ||||||
5 | into the military service, may have his or her license renewed | ||||||
6 | or restored without paying any lapsed renewal fees if, within 2 | ||||||
7 | years after termination of service, training, or education, | ||||||
8 | other than by dishonorable discharge, he or she furnishes the | ||||||
9 | Department with satisfactory evidence to the effect that he or | ||||||
10 | she has been so engaged and that the service, training, or | ||||||
11 | education has been so terminated. | ||||||
12 | Section 60. Inactive status. | ||||||
13 | (a) Any tree expert who notifies the Department in writing | ||||||
14 | on forms prescribed by the Department may elect to place his or | ||||||
15 | her license on inactive status and shall be excused from | ||||||
16 | payment of renewal fees until he or she notifies the Department | ||||||
17 | in writing of his or her desire to resume active status. | ||||||
18 | (b) Any person whose license has been expired for more than | ||||||
19 | 3 years may have his or her license restored by making | ||||||
20 | application to the Department and filing proof acceptable to | ||||||
21 | the Department of his or her fitness to have his or her license | ||||||
22 | restored, including evidence certifying to active practice in | ||||||
23 | another jurisdiction, and by paying the required restoration | ||||||
24 | fee. | ||||||
25 | (c) Any tree expert whose license is on inactive status, |
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1 | has been suspended or revoked, or has expired may not represent | ||||||
2 | himself or herself to be a tree expert or use the title | ||||||
3 | "licensed tree expert" or any other title that includes the | ||||||
4 | words "tree expert". | ||||||
5 | Section 65. Fees; disposition of funds. | ||||||
6 | (a) The Department shall establish by rule a schedule of | ||||||
7 | fees for the administration and maintenance of this Act. Such | ||||||
8 | fees shall be nonrefundable. | ||||||
9 | (b) All of the fees and fines collected under this Act | ||||||
10 | shall be deposited into the Tree Expert Licensing Fund, which | ||||||
11 | is hereby created as a special fund in the State treasury. The | ||||||
12 | moneys deposited into the Tree Expert Licensing Fund shall be | ||||||
13 | used by the Department, as appropriate, for the ordinary and | ||||||
14 | contingent expenses of the Department. Moneys in the Tree | ||||||
15 | Expert Licensing Fund may be invested and reinvested, with all | ||||||
16 | earnings received from these investments being deposited into | ||||||
17 | that Fund and used for the same purposes as the fees and fines | ||||||
18 | deposited in that Fund. | ||||||
19 | Section 70. Roster. The Department shall maintain a roster | ||||||
20 | of the names and addresses of all licensees under this Act. | ||||||
21 | This roster shall be made available upon written request and | ||||||
22 | payment of the required fee. | ||||||
23 | Section 75. Advertising. Any person licensed under this Act |
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1 | may advertise the availability of tree expert services in the | ||||||
2 | public media or on the premises where such professional | ||||||
3 | services are rendered, provided that such advertising is | ||||||
4 | truthful and not misleading. | ||||||
5 | Section 80. Maintenance of action of counterclaim. No | ||||||
6 | action or counterclaim shall be maintained by any person in any | ||||||
7 | court in this State with respect to any agreement or work, | ||||||
8 | labor, or materials for which a license is required by this Act | ||||||
9 | or to recover the agreed-upon price or any compensation under | ||||||
10 | any such agreement or for any such work, labor, or materials | ||||||
11 | for which a license is required by this Act without alleging | ||||||
12 | and proving that, such person was in possession of a
valid | ||||||
13 | license under this Act at the time of making the agreement or | ||||||
14 | of supplying the labor, work, or materials
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15 | Section 85. Injunction; criminal penalty; cease and desist | ||||||
16 | order. | ||||||
17 | (a) If any person violates the provisions of this Act, the | ||||||
18 | Director may, in the name of the People of the State of | ||||||
19 | Illinois and through the Attorney General or the State's | ||||||
20 | Attorney of any county in which the action is brought, petition | ||||||
21 | for an order enjoining such violation and for an order | ||||||
22 | enforcing compliance with this Act. Upon the filing of a | ||||||
23 | verified petition in court, the court may issue a temporary | ||||||
24 | restraining order, without notice or bond, and may |
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1 | preliminarily and permanently enjoin such violation. If it is | ||||||
2 | established that such person has violated or is violating the | ||||||
3 | injunction, the Court may punish the offender for contempt of | ||||||
4 | court. Proceedings under this Section shall be in addition to, | ||||||
5 | and not in lieu of, all other remedies and penalties provided | ||||||
6 | by this Act. | ||||||
7 | (b) If any person holds himself or herself out as a "tree | ||||||
8 | expert" without being licensed under the provisions of this | ||||||
9 | Act, then any licensed tree expert, interested party, or person | ||||||
10 | injured thereby may, in addition to the Director, petition for | ||||||
11 | relief as provided in subsection (a) of this Section. | ||||||
12 | (c) Whoever holds himself or herself out as a "tree expert" | ||||||
13 | in this State without being licensed for that purpose is guilty | ||||||
14 | of a Class B misdemeanor, if an individual, and a petty | ||||||
15 | offense, if an entity, and subject to fines of $100 for a first | ||||||
16 | offense, $250 for a second offense, and $500 for a third or | ||||||
17 | subsequent offense. | ||||||
18 | (d) Whenever, in the opinion of the Department, a person | ||||||
19 | violates any provision of this Act, the Department may issue a | ||||||
20 | rule to show cause why an order to cease and desist should not | ||||||
21 | be entered against that person. The rule shall clearly set | ||||||
22 | forth the grounds relied upon by the Department and shall allow | ||||||
23 | the person at least 7 days after the date of the rule to file an | ||||||
24 | answer that is satisfactory to the Department. Failure to | ||||||
25 | answer to the satisfaction of the Department shall cause an | ||||||
26 | order to cease and desist to be issued. |
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1 | Section 90. Disciplinary grounds. | ||||||
2 | (a) The Department may refuse to issue, renew, or may | ||||||
3 | revoke, suspend, place on probation, reprimand, or take other | ||||||
4 | disciplinary action as the Department considers appropriate, | ||||||
5 | including the issuance of fines not to exceed $10,000 for each | ||||||
6 | violation, with regard to any license for any one or more of | ||||||
7 | the following causes: | ||||||
8 | (1) Violation of this Act or any rule adopted under | ||||||
9 | this Act. | ||||||
10 | (2) Conviction of any crime under the laws of an U.S. | ||||||
11 | jurisdiction that is a felony or a misdemeanor an essential | ||||||
12 | element of which is dishonesty or that directly relates to | ||||||
13 | the practice of the profession. | ||||||
14 | (3) Making any misrepresentation for the purpose of | ||||||
15 | obtaining a license. | ||||||
16 | (4) Professional incompetence or gross negligence in
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17 | the practice of the tree expert profession. | ||||||
18 | (5) Gross malpractice, prima facie evidence of which | ||||||
19 | may be a conviction or judgment of malpractice in any court | ||||||
20 | of competent jurisdiction. | ||||||
21 | (6) Aiding or assisting another person in violating
any | ||||||
22 | provision of this Act or any rule adopted under this Act. | ||||||
23 | (7) Failing, within 60 days, to provide information in
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24 | response to a written request made by the Department that | ||||||
25 | has been sent by certified or licensed mail to the |
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1 | licensee's last known address. | ||||||
2 | (8) Engaging in dishonorable, unethical, or
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3 | unprofessional conduct of a character likely to deceive, | ||||||
4 | defraud, or harm the public. | ||||||
5 | (9) Habitual or excessive use of or addiction to
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6 | alcohol, narcotics, stimulants, or any other chemical | ||||||
7 | agent or drug that results in the inability to practice | ||||||
8 | with reasonable judgment, skill, or safety. | ||||||
9 | (10) Discipline by another U.S. jurisdiction or | ||||||
10 | foreign nation, if at least one of the grounds for the | ||||||
11 | discipline is the same or substantially equivalent to those | ||||||
12 | set forth in this Section. | ||||||
13 | (11) Directly or indirectly giving to or receiving
from | ||||||
14 | any person, firm, corporation, partnership, or association | ||||||
15 | any fee, commission, rebate, or other form of compensation | ||||||
16 | for any professional service not actually rendered. | ||||||
17 | (12) A finding by the Department that a licensee, after | ||||||
18 | having his or her license placed on probationary status, | ||||||
19 | has violated the terms of probation. | ||||||
20 | (13) Conviction by any court of competent | ||||||
21 | jurisdiction, either within or without this State, of any | ||||||
22 | violation of any law governing the practice of building | ||||||
23 | contracting if the Department determines, after | ||||||
24 | investigation, that such person has not been sufficiently | ||||||
25 | rehabilitated to warrant the public trust. | ||||||
26 | (14) A finding that licensure has been applied for or |
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1 | obtained by fraudulent means. | ||||||
2 | (15) Practicing, attempting to practice, or | ||||||
3 | advertising under a name other than the full name as shown | ||||||
4 | on the license or any other legally authorized name. | ||||||
5 | (16) Gross and willful overcharging for professional | ||||||
6 | services, including filing false statements for collection | ||||||
7 | of fees or moneys for which services are not rendered. | ||||||
8 | (17) Failure to file a tax return or to pay any final | ||||||
9 | assessment of tax, penalty, or interest, as required by any | ||||||
10 | tax Act administered by the Department of Revenue, until | ||||||
11 | such time as the requirements of any such tax Act are | ||||||
12 | satisfied. | ||||||
13 | (18) Failure to continue to meet the requirements of | ||||||
14 | this Act. | ||||||
15 | (19) Physical or mental disability, including | ||||||
16 | deterioration through the aging process or loss of | ||||||
17 | abilities and skills, that result in an inability to | ||||||
18 | practice the profession with reasonable judgment, skill, | ||||||
19 | or safety. | ||||||
20 | (20) Material misstatement in furnishing information | ||||||
21 | to the Department or to any other State agency. | ||||||
22 | (21) Advertising in any manner that is false, | ||||||
23 | misleading, or deceptive. | ||||||
24 | (22) The determination by a court that a licensee is | ||||||
25 | subject to involuntary admission or judicial admission as | ||||||
26 | provided in the Mental Health and Developmental |
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1 | Disabilities Code. Such determination shall result in an | ||||||
2 | automatic suspension of a licensee's license. The | ||||||
3 | suspension shall end upon a finding by a court that the | ||||||
4 | licensee is no longer subject to involuntary admission or | ||||||
5 | judicial admission, the issuance of an order so finding and | ||||||
6 | discharging the patient, and the recommendation of the | ||||||
7 | Board to the Director that the licensee be allowed to | ||||||
8 | resume practice within the profession. | ||||||
9 | (b) The Department shall deny the issuance or renewal of | ||||||
10 | any license under this Act to any person who has defaulted on | ||||||
11 | an educational loan guaranteed by the Illinois Student | ||||||
12 | Assistance Commission; however, the Department may issue a | ||||||
13 | license or renewal if the person in default has established a | ||||||
14 | satisfactory repayment record, as determined by the Illinois | ||||||
15 | Student Assistance Commission.
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16 | Section 95. Investigation; notice of hearing. The | ||||||
17 | Department may investigate the actions or qualifications of any | ||||||
18 | applicant or person holding or claiming to hold a license. The | ||||||
19 | Department shall, before suspending or revoking, placing on | ||||||
20 | probation, reprimanding, or taking any other disciplinary | ||||||
21 | action under Section 90 of this Act, at least 30 days before | ||||||
22 | the date set for the hearing, notify the applicant or licensee | ||||||
23 | in writing of the nature of the charges and that a hearing will | ||||||
24 | be held on the date designated. The written notice may be | ||||||
25 | served by personal delivery or certified or licensed mail to |
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1 | the applicant or licensee at the address of his or her last | ||||||
2 | notification to the Department or, if a non-resident licensee, | ||||||
3 | in the manner set forth in Section 30 of this Act. The | ||||||
4 | Department shall direct the applicant or licensee to file a | ||||||
5 | written answer with the Department, under oath, within 20 days | ||||||
6 | after the service of the notice, and inform the person that if | ||||||
7 | he or she fails to file an answer, his or her license may be | ||||||
8 | revoked, suspended, placed on probation, reprimanded, or the | ||||||
9 | Department may take any other additional disciplinary action, | ||||||
10 | including the issuance of fines not to exceed $1,000 for each | ||||||
11 | violation, as the Department may consider necessary, without a | ||||||
12 | hearing. At the time and place fixed in the notice, the Board | ||||||
13 | shall proceed to hear the charges and the parties or their | ||||||
14 | counsel. All parties shall be afforded an opportunity to | ||||||
15 | present any statements, testimony, evidence, and arguments as | ||||||
16 | may be pertinent to the charges or to their defense. The Board | ||||||
17 | may continue the hearing from time to time. | ||||||
18 | Section 100. Record of proceedings; transcript. The | ||||||
19 | Department, at its expense, shall preserve a record of all | ||||||
20 | proceedings at the formal hearing of any case involving the | ||||||
21 | refusal to issue, renew, or restore a license of licensure or | ||||||
22 | the discipline of a licensee. The notice of hearing, complaint, | ||||||
23 | and all other documents in the nature of pleadings and written | ||||||
24 | motions filed in the proceedings, the transcript of testimony, | ||||||
25 | the report of the Board, and the orders of the Department shall |
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1 | be the record of the proceedings. | ||||||
2 | Section 105. Subpoenas; depositions; oaths. The Department | ||||||
3 | may subpoena and bring before it any person and take testimony, | ||||||
4 | either orally, by deposition, or both, with the same fees and | ||||||
5 | mileage and in the same manner as prescribed in civil cases in | ||||||
6 | circuit courts of this State.
The Director, the designated | ||||||
7 | hearing officer, and every member of the Board has the power to | ||||||
8 | administer oaths to witnesses at any hearing which the | ||||||
9 | Department is authorized to conduct, and any other oaths | ||||||
10 | authorized in any Act administered by the Department. | ||||||
11 | Section 110. Compelling testimony. Any court, upon the | ||||||
12 | application of the Department, designated hearing officer, or | ||||||
13 | the applicant or licensee against whom proceedings under | ||||||
14 | Section 90 of this Act are pending, may enter an order | ||||||
15 | requiring the attendance of witnesses and their testimony and | ||||||
16 | the production of documents, papers, files, books, and records | ||||||
17 | in connection with any hearing or investigation. The court may | ||||||
18 | compel obedience to its order by proceedings for contempt. | ||||||
19 | Section 115. Findings and recommendations. At the | ||||||
20 | conclusion of a hearing, the Board shall present to the | ||||||
21 | Director a written report of its findings of fact, conclusions | ||||||
22 | of law, and recommendations. The report shall contain a finding | ||||||
23 | as to whether the licensee violated this Act or failed to |
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1 | comply with the conditions required in this Act. The Board | ||||||
2 | shall specify the nature of the violation or failure to comply | ||||||
3 | and shall make its recommendations to the Director. | ||||||
4 | The report of findings of fact, conclusions of law, and | ||||||
5 | recommendations of the Board shall be the basis for the | ||||||
6 | Department's order for refusal or for the granting of the | ||||||
7 | license of licensure. If the Director disagrees with the | ||||||
8 | recommendations of the Board, the Director may issue an order | ||||||
9 | in contravention of the Board recommendations. The Director | ||||||
10 | shall provide a written report to the Board on any disagreement | ||||||
11 | and shall specify the reasons for the action in the final | ||||||
12 | order. These findings are not admissible in evidence against | ||||||
13 | the person in a criminal prosecution for violation of this Act, | ||||||
14 | but the hearing and findings shall not serve as a bar to | ||||||
15 | criminal prosecution for violation of this Act. | ||||||
16 | Section 120. Board; rehearing. At the conclusion of a | ||||||
17 | hearing, a copy of the Board's report shall be served upon the | ||||||
18 | accused person, either personally or as provided in this Act | ||||||
19 | for the service of the notice. Within 20 days after such | ||||||
20 | service, the applicant or licensee may present to the | ||||||
21 | Department a motion in writing for a rehearing which shall | ||||||
22 | specify the particular grounds for rehearing. If no motion for | ||||||
23 | a rehearing is filed, then upon the expiration of the time | ||||||
24 | specified for filing such a motion or if a motion for rehearing | ||||||
25 | is denied, then upon the denial, the Director may enter any |
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1 | order in accordance with recommendations of the Board, except | ||||||
2 | as otherwise provided in this Act. If the applicant or licensee | ||||||
3 | requests and pays for a transcript of the record within the | ||||||
4 | time for filing a motion for rehearing, the 20-day period | ||||||
5 | within which a motion may be filed shall commence upon the | ||||||
6 | delivery of the transcript to the applicant or licensee. | ||||||
7 | Whenever the Director is not satisfied that substantial | ||||||
8 | justice has been done, he or she may order a rehearing by the | ||||||
9 | same or another special board. At the expiration of the time | ||||||
10 | specified for filing a motion for a rehearing the Director has | ||||||
11 | the right to take the action recommended by the Board. | ||||||
12 | Section 125. Appointment of a hearing officer. The Director | ||||||
13 | has the authority to appoint any attorney licensed to practice | ||||||
14 | law in the State of Illinois to serve as the hearing officer in | ||||||
15 | any action for refusal to issue or renew a license of licensure | ||||||
16 | or to discipline a licensee. The Director shall notify the | ||||||
17 | Board of any such appointment. The hearing officer has full | ||||||
18 | authority to conduct the hearing. At least one member of the | ||||||
19 | Board shall attend each hearing. The hearing officer shall | ||||||
20 | report his or her findings of fact, conclusions of law, and | ||||||
21 | recommendations to the Board and the Director. The Board has 60 | ||||||
22 | days after receipt of the report to review it and present its | ||||||
23 | findings of fact, conclusions of law, and recommendations to | ||||||
24 | the Director. If the Board fails to present its report within | ||||||
25 | the 60-day period, the Director shall issue an order based on |
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1 | the report of the hearing officer. If the Director disagrees | ||||||
2 | with the recommendation of the Board or hearing officer, the | ||||||
3 | Director may issue an order in contravention of the | ||||||
4 | recommendation. The Director shall promptly provide a written | ||||||
5 | explanation to the Board on any disagreement. | ||||||
6 | Section 130. Order of certified copy; prima facie proof.
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7 | An order or a certified copy thereof, over the seal of the | ||||||
8 | Department and purporting to be signed by the Director, shall | ||||||
9 | be prima facie proof that: | ||||||
10 | (1) the signature is the genuine signature of the
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11 | Director; | ||||||
12 | (2) the Director is duly appointed and qualified; and | ||||||
13 | (3) the Board and the members thereof are qualified
to | ||||||
14 | act. | ||||||
15 | Section 135. Restoration of suspended or revoked license of | ||||||
16 | licensure. At any time after the suspension or revocation of | ||||||
17 | any license of licensure, the Department may restore it to the | ||||||
18 | licensee upon the written recommendation of the Board, unless | ||||||
19 | after an investigation and hearing, the Board determines that | ||||||
20 | restoration is not in the public interest. | ||||||
21 | Section 140. Surrender of license of licensure. Upon the | ||||||
22 | revocation or suspension of any license of licensure, the | ||||||
23 | licensee shall immediately surrender his or her license to the |
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1 | Department. If the licensee fails to do so, the Department has | ||||||
2 | the right to seize the license. | ||||||
3 | Section 145. Summary suspension of a license of licensure. | ||||||
4 | The Director may summarily suspend a license of licensure | ||||||
5 | issued under this Act without a hearing, simultaneously with | ||||||
6 | the institution of proceedings for a hearing provided for in | ||||||
7 | this Act, if the Director finds that evidence in the possession | ||||||
8 | of the Director indicates that the continuation in practice by | ||||||
9 | the licensee would constitute an imminent danger to the public. | ||||||
10 | In the event that the Director temporarily suspends the license | ||||||
11 | of a licensee without a hearing, a hearing must be held within | ||||||
12 | 30 days after such suspension has occurred. | ||||||
13 | Section 150. Administrative Review Law; venue. | ||||||
14 | (a) All final administrative decisions of the Department | ||||||
15 | are subject to judicial review under the Administrative Review | ||||||
16 | Law and its rules. The term "administrative decision" is | ||||||
17 | defined as in Section 3-101 of the Code of Civil Procedure. | ||||||
18 | (b) Proceedings for judicial review shall be commenced in | ||||||
19 | the circuit court of the county in which the party applying for | ||||||
20 | review resides, but if the party is not a resident of this | ||||||
21 | State, the venue shall be in Sangamon County. | ||||||
22 | Section 155. Certification of record; costs. The | ||||||
23 | Department shall not be required to certify any record to the |
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1 | court or file an answer in court or to otherwise appear in any | ||||||
2 | court in a judicial review proceeding, unless there is filed in | ||||||
3 | the court with the complaint a receipt from the Department | ||||||
4 | acknowledging payment of the costs of furnishing and certifying | ||||||
5 | the record. Failure on the part of the plaintiff to file such | ||||||
6 | receipt in court shall be grounds for dismissal of the action. | ||||||
7 | Section 160. Administrative Procedure Act. The Illinois | ||||||
8 | Administrative Procedure Act is hereby expressly adopted and | ||||||
9 | incorporated herein as if all of the provisions of that Act | ||||||
10 | were included in this Act, except that the provision of | ||||||
11 | subsection (d) of Section 10-65 of the Illinois Administrative | ||||||
12 | Procedure Act that provides that at hearings the licensee has | ||||||
13 | the right to show compliance with all lawful requirements for | ||||||
14 | retention, continuation, or renewal of the license is | ||||||
15 | specifically excluded. For the purposes of this Act, the notice | ||||||
16 | required under Section 10-25 of the Illinois Administrative | ||||||
17 | Procedure Act is deemed sufficient when mailed to the last | ||||||
18 | known address of a party. | ||||||
19 | Section 165. Home rule. It is declared to be the public | ||||||
20 | policy of this State, pursuant to paragraphs (h) of Section 6 | ||||||
21 | of Article VII of the Illinois Constitution of 1970, that any | ||||||
22 | power or function set forth in this Act to be exercised by the | ||||||
23 | State is an exclusive State power or function. |
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1 | Section 900. The Regulatory Sunset Act is amended by adding | ||||||
2 | Section 4.29 as follows: | ||||||
3 | (5 ILCS 80/4.29 new) | ||||||
4 | Sec. 4.29. Act repealed on January 1, 2019. The following | ||||||
5 | Act is repealed on January 1, 2019: | ||||||
6 | The Tree Expert Licensing Act. | ||||||
7 | Section 905. The State Finance Act is amended by adding | ||||||
8 | Section 5.708 as follows: | ||||||
9 | (30 ILCS 105/5.708 new) | ||||||
10 | Sec. 5.708. The Tree Expert Licensing Fund.
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11 | Section 999. Effective date. This Act takes effect upon | ||||||
12 | becoming law.
|