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| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 SB1270 Introduced 2/17/2015, by Sen. Kimberly A. Lightford SYNOPSIS AS INTRODUCED: |
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Creates the Illinois Registered Design Practitioner Act. Provides for licensure of registered design practitioners by the Department of Financial and Professional Regulation. Provides for the registration of professional registered design firms not already registered under the Professional Service Corporation Act. Creates the Registered Design Practitioner Licensing Board and sets forth the powers and duties of the Board. Sets forth the powers and duties of the Department, exemptions from the Act, licensure qualifications, grounds for discipline, civil and criminal penalties, and administrative procedure. Establishes or authorizes the Department to establish various fees for the implementation of the Act. Sets forth provisions concerning license renewal, restoration, and reciprocity, display of licenses, and continuing education requirements. Preempts home rule. Amends the Regulatory Sunset Act. Provides a repeal date of January 1, 2026 for the Illinois Registered Design Practitioner Act. Repeals the Interior Design Title Act. Makes a conforming change in the Unified Code of Corrections. Effective immediately.
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| | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | FISCAL NOTE ACT MAY APPLY | HOME RULE NOTE ACT MAY APPLY |
| | A BILL FOR |
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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 |
5 | | Illinois Registered
Design Practitioner Act. |
6 | | Section 5. Declaration of public policy. The practice of |
7 | | registered
design, as limited by and defined in this Act, in |
8 | | the State of
Illinois is hereby declared to affect the public |
9 | | health,
safety, and welfare and to be subject to regulation and |
10 | | control
in the public interest. It is further declared to be a |
11 | | matter
of public interest and concern that the practice of |
12 | | registered
design, as defined in this Act, merit and receive |
13 | | the
confidence of the public, and that only qualified persons |
14 | | be
authorized to practice registered design in the State of
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15 | | Illinois. This Act shall be liberally construed to best carry
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16 | | out these subjects and purposes.
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17 | | Section 10. Application of Act. Nothing in this Act shall
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18 | | be deemed or construed to prevent the practice of structural
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19 | | engineering as defined in the Structural Engineering Licensing
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20 | | Act of 1989, the practice of architecture as defined in the
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21 | | Illinois Architecture Practice Act of 1989, or the practice of
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22 | | professional engineering as defined in the Professional
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1 | | Engineering Practice Act of 1989, or to prevent the offering or
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2 | | preparation of environmental analysis, feasibility studies,
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3 | | programming, or construction management services by persons
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4 | | other than those registered in accordance with this Act, the
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5 | | Structural Engineering Licensing Act of 1989, the Professional
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6 | | Engineering Practice Act of 1989, or the Illinois Architecture
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7 | | Practice Act of 1989.
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8 | | Nothing contained in this Act prevents (i) the draftsmen,
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9 | | students, project representatives, and employees of those
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10 | | lawfully practicing as registered design practitioners under |
11 | | the
provisions of this Act from acting under the direct |
12 | | supervision
and control of their employers, (ii) the employment |
13 | | of project
representatives for modification, enlargement, or |
14 | | alteration
of the interior space of buildings or any parts |
15 | | thereof, as
allowed under this Act, or (iii) project |
16 | | representatives from
acting under the direct supervision and |
17 | | control of the registered
design practitioner by whom the |
18 | | technical submissions (including
drawings and specifications |
19 | | of any interior space of a
building, modification, or |
20 | | alteration thereof) were prepared. |
21 | | Nothing in this Act or any other Act prevents an
architect |
22 | | licensed under the Illinois Architecture Practice Act of 1989
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23 | | from practicing or providing registered design services.
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24 | | Nothing in this Act shall be construed as requiring the |
25 | | services of a
registered design practitioner for the interior |
26 | | designing of any single-family residence.
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1 | | Nothing in this Act shall be construed as limiting or |
2 | | restricting the use by any individual or entity of the terms |
3 | | "interior designer", "registered interior designer", or |
4 | | "interior decorator". |
5 | | This Act does not apply to: |
6 | | (1) the building, remodeling, or repairing of any |
7 | | building or other structure outside of the corporate limits
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8 | | of any city or village, where the building or structure is
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9 | | to be, or is used for residential or farm purposes, or for
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10 | | the purposes of outbuildings or auxiliary buildings in
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11 | | connection with the residential or farm premises;
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12 | | (2) the interior design of any single-family |
13 | | residence; |
14 | | (3) any person or entity, including any person or |
15 | | entity providing assistance to any realtor in staging or |
16 | | presenting any property for sale or lease, who prepares |
17 | | drawings limited to depicting the layout of furnishings |
18 | | used in interior design or provides assistance in the |
19 | | selection of furnishings used in interior design, |
20 | | including, without limitation: |
21 | | (A) decorative accessories; |
22 | | (B) wallpaper, wall coverings, and paint;
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23 | | (C) tile, carpeting, or floor coverings;
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24 | | (D) draperies, blinds, or window coverings;
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25 | | (E) lighting fixtures that are not part of the |
26 | | structure;
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1 | | (F) plumbing fixtures that are not part of the |
2 | | structure; and
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3 | | (G) furniture, fixtures, or equipment, including |
4 | | cabinetry, provided the preparation or implementation |
5 | | of those drawings or the installation of those |
6 | | materials or furnishings is not regulated by any |
7 | | building code or other law, ordinance, rule, or |
8 | | regulation governing the alteration or construction of |
9 | | a structure; or
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10 | | (4) the interior design of any structure containing |
11 | | less than 5,000 square feet of interior space. |
12 | | However, all buildings not included in paragraphs (1) |
13 | | through (4), including
buildings previously exempt under those |
14 | | provisions but
subsequently non-exempt due to a change in |
15 | | occupancy or use,
are subject to the requirements of this Act.
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16 | | Section 15. Definitions. In this Act:
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17 | | "Board" means the Illinois Registered Design Practice |
18 | | Board
appointed by the Secretary.
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19 | | "Department" means the Department of Financial and
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20 | | Professional Regulation.
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21 | | "Interior alteration" means any modification or renovation
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22 | | that involves or includes, but is not limited to, change in the
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23 | | physical state of permanent fixtures or equipment, remodeling,
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24 | | renovation, rehabilitation, historic preservation,
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25 | | reconstruction, restoration or improvements, ordinary repairs,
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1 | | changes in design function or layout of rooms, assessment
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2 | | rearrangement, and verification of code compliance of interior
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3 | | exit provisions, and interior office systems furniture
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4 | | rearrangements, as they pertain to the interior areas of a
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5 | | structure, but specifically excluding: changes to load bearing
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6 | | walls, columns, or other load bearing elements of a building
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7 | | essential to the structural integrity of a building, the
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8 | | structural envelope, or mechanical,
electrical, plumbing, and |
9 | | fire protection requirements.
The following work is not |
10 | | included under the definition of
"interior alteration": |
11 | | routine maintenance, redecoration,
minor mechanical and |
12 | | electrical systems alterations,
replacement of plumbing piping |
13 | | or valves, and rearrangements of
interior office systems |
14 | | furniture encompassing or utilizing
less than an aggregate of |
15 | | 5,000 square feet of interior floor space.
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16 | | "Interior life safety", as it pertains to a registered |
17 | | design
project, means the analysis, development, |
18 | | interpretation, and
review of space plans, interior |
19 | | construction components, and
the aggregate employment of such |
20 | | components to constitute an
assembly, materials, finishes, and |
21 | | furniture or fixtures and
equipment selections for compliance |
22 | | with regulatory building
code provisions that when applied |
23 | | collectively, provide
comprehensive safety features to |
24 | | eliminate, reduce, or control
life or health threatening |
25 | | situations in the interior
environments of a proposed or given |
26 | | structure or building, but
specifically excluding: structural |
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1 | | changes or alterations to
previously determined core |
2 | | enclosures, alterations to building
entry ingress or egress |
3 | | conditions that constitute horizontal
or vertical fire exit |
4 | | ways, fire compartmentalization, or areas
of refuge, including |
5 | | any access point to the structure, used
for the purpose of |
6 | | entering or exiting the building, the
approach walk, the |
7 | | vertical access leading to the entrance
platform, areas of |
8 | | refuge, the entry doors or gates and their
associated hardware, |
9 | | but specifically not excluding: egress or
ingress analysis and |
10 | | resolution within the interior space of
the building including |
11 | | horizontal fire exit ways leading to
pre-determined vertical |
12 | | fire exit ways.
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13 | | "Illinois registered design professional" means a person |
14 | | who
holds an active license as a registered design practitioner |
15 | | under this Act, as an architect under the Architecture Practice |
16 | | Act of 1989,
as a structural engineer under the Structural |
17 | | Engineering
Licensing Act of 1989, as a professional engineer |
18 | | under the
Professional Engineering Practice Act of 1989, or as |
19 | | a land surveyor under the Professional Land Surveyor Act of |
20 | | 1989.
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21 | | "Interior technical submissions" means detailed drawings
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22 | | and specifications sealed and signed by a registered design |
23 | | practitioner
certifying compliance with applicable current
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24 | | building codes, ordinances, laws, and regulations that define
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25 | | the work to be constructed in such form as is required for
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26 | | approval of a construction permit by a building official.
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1 | | Interior technical submissions are the designs, drawings, and
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2 | | specifications that establish the scope of the registered |
3 | | design project
to be constructed, the standard of quality for |
4 | | materials,
workmanship, equipment, and construction systems, |
5 | | and the
studies and the technical reports and calculations |
6 | | prepared in
the course of the practice of the profession of |
7 | | registered design. Such submissions
may be combined with |
8 | | submissions prepared under the responsible
control, seal, and |
9 | | signature of other registered or licensed
professionals. All |
10 | | interior technical submissions intended for use in
interior |
11 | | construction in this State shall be prepared and
administered |
12 | | in accordance with standards of reasonable
professional skill |
13 | | and diligence. Care shall be taken to
reflect the requirements |
14 | | of State law and, where applicable,
federal law and county and |
15 | | municipal building ordinances in
such submissions. In |
16 | | recognition that registered design practitioners are
licensed |
17 | | for the protection of the public health, safety, and
welfare, |
18 | | submissions shall be of such quality and scope, and be
so |
19 | | administered, as to conform to professional standards.
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20 | | "Profession of registered design" means the rendering of or
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21 | | the offering to render designs, consultations, studies,
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22 | | planning, drawings, specifications, contract documents, or
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23 | | other technical submissions and the administration of interior
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24 | | construction and contracts relating to non-structural interior
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25 | | construction of a building by a registered design practitioner. |
26 | | The
term includes:
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1 | | (1) space planning, finishes, furnishings, and the
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2 | | design for fabrication of nonstructural interior
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3 | | construction within interior spaces of buildings;
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4 | | (2) responsibility for design of proposed,
or |
5 | | modification of existing, nonstructural and
non-engineered |
6 | | elements of construction, such as
partitions, doors, |
7 | | stairways, and paths of egress
connecting to exits or exit |
8 | | ways; and
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9 | | (3) modification of existing building construction so
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10 | | as to alter the number of persons for which the egress
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11 | | systems for the building are designed. |
12 | | "Public member" means a person who is not a registered |
13 | | design practitioner, educator in the field, architect, |
14 | | structural
engineer, or professional engineer. For the |
15 | | purposes of Board
membership, any person with a significant |
16 | | financial interest in
the design or construction service or |
17 | | profession is not a
public member.
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18 | | "Registered design practitioner" means an individual who |
19 | | is qualified by
education, training, experience, or |
20 | | examination and who is
licensed under the laws of this State to |
21 | | practice the
profession of registered design as defined by this |
22 | | Act.
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23 | | "Registered design project" means the provision of
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24 | | professional services for the purpose of creating an interior
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25 | | space that satisfies the functional and aesthetic requirements
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26 | | of an area, within a given structure, encompassing all elements
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1 | | of design theory, programming, planning, pre-designed
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2 | | analysis, conceptual design, materials and finish selection,
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3 | | interior construction documentation, furniture or fixture and
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4 | | equipment selection, interior life safety, codes and standards
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5 | | review or analysis and interpretation, project administration
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6 | | and representation, and interior construction observation in
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7 | | conjunction with the construction of any interior space within
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8 | | a proposed or given structure, building, project, or addition,
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9 | | alteration, or restoration thereof; but, specifically
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10 | | excluding: structural changes or alterations to previously
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11 | | determined core enclosures, alterations to building entry
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12 | | ingress or egress conditions that constitute horizontal or
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13 | | vertical fire exit ways, fire compartmentalization, or areas of
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14 | | refuge, including any access point to the structure, used for
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15 | | the purpose of entering or exiting the building, the approach
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16 | | walk, the vertical access leading to the entrance platform,
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17 | | areas of refuge, the entry doors or gates and their associated
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18 | | hardware; but specifically not excluding egress or ingress
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19 | | analysis and resolution within the interior space of the
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20 | | building, including horizontal fire exit ways leading to
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21 | | pre-determined vertical fire exit ways.
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22 | | "Secretary" means the Secretary of Financial and
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23 | | Professional Regulation.
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24 | | "Space planning" means the translation of project or client
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25 | | requirements into a physical plan of space within a proposed or
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26 | | given structure, organizing major rooms, areas, furniture or
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1 | | fixtures and equipment, determining internal circulation
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2 | | systems or patterns, and the location of internal exit
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3 | | requirements based on occupancy loads, assessment of life
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4 | | safety factors, or the analysis of and for compliance with
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5 | | State and local building codes, but specifically excluding:
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6 | | building core elements, any access point to the structure used
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7 | | for the purpose of entering or exiting the building, the
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8 | | approach walk, the vertical access leading to the entrance
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9 | | platform, areas of refuge, the entry doors or gates, and the
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10 | | hardware of the entry doors or gates.
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11 | | Section 20. Powers and duties of the Department. Subject to
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12 | | the other provisions of this Act, the Department shall exercise
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13 | | the following functions, powers, and duties:
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14 | | (1) to conduct examinations to ascertain the
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15 | | qualifications and fitness of applicants for licensure as
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16 | | registered design practitioners, and pass upon the
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17 | | qualifications and fitness of applicants for licensure by
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18 | | endorsement;
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19 | | (2) to prescribe rules for a method of examination of
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20 | | candidates;
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21 | | (3) to prescribe rules defining what constitutes a
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22 | | school, college, university (or department of a
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23 | | university), or other institution that is reputable and in
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24 | | good standing; to determine whether or not a school,
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25 | | college, university (or department of a university), or
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1 | | other institution is reputable and in good standing by
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2 | | reference to compliance with the rules, and to terminate
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3 | | the approval of a school, college, university (or
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4 | | department of a university), or other institution that
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5 | | refuses admittance to applicants solely on the basis of |
6 | | race, color, creed, sex, national origin, or sexual |
7 | | orientation. The Department
may adopt, as its own rules |
8 | | relating to education
requirements, those guidelines that |
9 | | may be published from
time to time by the
Council for |
10 | | Interior Design Accreditation (CIDA) or its successor |
11 | | entity;
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12 | | (4) to prescribe rules for diversified professional
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13 | | training;
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14 | | (5) to conduct oral interviews, disciplinary
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15 | | conferences, and formal evidentiary hearings relating to
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16 | | proceedings to reprimand or impose fines on a licensee or
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17 | | to suspend, revoke, place on probationary status, or refuse
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18 | | to issue or restore a license issued under this Act for any
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19 | | of the reasons set forth in Section 95 of this Act;
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20 | | (6) to issue licenses to those who meet the
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21 | | requirements of this Act; |
22 | | (7) to formulate and publish rules necessary or
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23 | | appropriate to carrying out the provisions of this Act;
and |
24 | | (8) to review such applicant qualifications to sit for |
25 | | the examination for licensure that the board designates |
26 | | pursuant to Section 45 of this Act.
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1 | | Section 25. Creation of the Board. The Secretary shall
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2 | | appoint a Registered Design Practitioner Licensing Board that |
3 | | shall consist
of 5 members. Four members shall be licensed, or |
4 | | with respect
to the initial appointments under this Section, be |
5 | | qualified to
be licensed as registered design practitioners, |
6 | | residing in this State, who
have been engaged in the profession |
7 | | of registered design for at least 5
years. In addition to the 4 |
8 | | registered design practitioners, there
shall be one public |
9 | | member. The public member shall be a voting member and shall |
10 | | not hold a license as a registered design practitioner,
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11 | | architect, professional engineer, structural engineer, or land
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12 | | surveyor.
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13 | | Board members shall serve for terms of 3 years and until
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14 | | their successors are appointed and have qualified. For the
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15 | | initial appointments made under this Act, however, 2 members
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16 | | shall be appointed to serve for a period of one year, 2 members
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17 | | shall be appointed to serve for a period of 3 years, and the
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18 | | public member shall be appointed for a period of 5 years. In
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19 | | appointing persons to the Board, the Secretary shall give due |
20 | | consideration to recommendations by members and organizations
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21 | | of the profession.
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22 | | The membership of the Board should reasonably reflect
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23 | | representation from the geographic areas in this State.
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24 | | No member shall be reappointed to the Board for a term that
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25 | | would cause his or her continuous service on the Board to be
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1 | | longer that 6 successive years. Service on any board prior to
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2 | | the effective date of this Act does not apply to this limit.
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3 | | In making appointments to the Board, the Secretary shall
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4 | | give due consideration to recommendations by national and State
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5 | | organizations of the interior design profession, and shall
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6 | | promptly give due notice to those organizations of any vacancy.
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7 | | A vacancy in the membership of the Board does not impair |
8 | | the right of a quorum to exercise all the rights and perform
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9 | | all the duties of the Board.
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10 | | The members of the Board shall each receive as compensation
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11 | | a reasonable sum as determined by the Secretary for each day
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12 | | actually engaged in the duties of the office, and all
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13 | | legitimate and necessary expenses incurred in attending
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14 | | meetings of the Board.
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15 | | Appointments to fill vacancies shall be made in the same
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16 | | manner as original appointments, for the unexpired portion of
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17 | | the vacated term.
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18 | | Three members shall constitute a quorum of Board members.
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19 | | The chairman may vote on matters to come before the Board only
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20 | | in the case of a tie vote.
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21 | | The Secretary may terminate the appointment of any member
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22 | | for cause that in the opinion of the Secretary reasonably
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23 | | justifies such termination.
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24 | | Notice of proposed rulemaking shall be transmitted to the
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25 | | Board and the Department shall review the response of the Board
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26 | | and any recommendations made therein. The Department may, at
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1 | | any time, seek the expert advice and knowledge of the Board on
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2 | | any matter relating to the administration or enforcement of
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3 | | this Act.
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4 | | Members of the Board shall be immune from suit in any
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5 | | action based upon any disciplinary proceedings or other
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6 | | activities performed in good faith as members of the Board.
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7 | | Section 30. Powers and duties of the Board.
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8 | | (a) The Board shall hold at least 3 regular meetings each
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9 | | year.
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10 | | (b) The Board shall annually elect a chairman, who shall be
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11 | | a registered design practitioner.
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12 | | (c) The Board, upon request by the Department, may make a
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13 | | curriculum evaluation to determine if courses conform to the
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14 | | requirements of approved design programs.
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15 | | (d) The Board shall assist the Department in conducting
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16 | | oral interviews, disciplinary conferences, and formal
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17 | | evidentiary hearings.
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18 | | (e) The Department may, at any time, seek the expert advice
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19 | | and knowledge of the Board on any matter relating to the
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20 | | enforcement of this Act.
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21 | | (f) The Board may appoint a subcommittee to serve as a
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22 | | Complaint Committee to recommend the disposition of case files
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23 | | according to the procedures established by rule.
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24 | | (g) The Board shall review applicant qualifications to sit
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25 | | for the examination or for licensure and shall make
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1 | | recommendations to the Department. The Department shall review
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2 | | the Board's recommendations on applicant qualifications. The
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3 | | Secretary shall notify the Board in writing with an explanation
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4 | | of any deviation from the Board's recommendation on applicant
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5 | | qualifications. After review of the Secretary's written
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6 | | explanation of his or her reasons for deviation, the Board
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7 | | shall have the opportunity to comment upon the Secretary's
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8 | | decision. |
9 | | Section 35. Application for original license.
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10 | | (a) Each applicant for license shall apply to the
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11 | | Department in writing on a form provided by the Department.
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12 | | Except as otherwise provided in this Act, each applicant shall
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13 | | take and pass an examination approved by the Department. The
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14 | | Board may adopt substantially all or part of the examination
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15 | | and grading procedures of the National Council for Interior
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16 | | Design Qualification or its successor entity. Prior to |
17 | | licensure,
the applicant shall provide substantial evidence to |
18 | | the Board
that the applicant:
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19 | | (1) is a graduate of a 5-year interior design program
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20 | | from an accredited institution and has completed at least |
21 | | one
year of full-time diversified interior design |
22 | | experience;
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23 | | (2) is a graduate of a 4-year interior design program
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24 | | from an accredited institution and has completed at least 2
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25 | | years of full-time diversified interior design experience;
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1 | | (3) has completed at least 3 years of interior design
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2 | | curriculum from an accredited institution and has
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3 | | completed 3 years of full-time diversified interior design
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4 | | experience;
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5 | | (4) is a graduate of a 2-year interior design program
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6 | | from an accredited institution and has completed 4 years of
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7 | | full-time diversified interior design experience; or
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8 | | (5) is a holder of a masters degree or its equivalent |
9 | | awarded upon completion of an interior design program from |
10 | | an accredited institution and has completed one year of |
11 | | full-time diversified interior design experience.
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12 | | (b) In addition to providing evidence of meeting the
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13 | | requirements of subsection (a) of this Section, each applicant |
14 | | shall provide
substantial evidence that he or she has |
15 | | successfully completed
the examination administered by the |
16 | | National
Council for Interior Design Qualification or its |
17 | | successor entity.
Examinations for applicants under this Act |
18 | | may be held at the
direction of the Department from time to |
19 | | time, but not less than
once each year. The scope and form of |
20 | | the examination shall
conform to the National Council for |
21 | | Interior Design
Qualification's examination, or the |
22 | | examination administered by that organization's successor |
23 | | entity, as recognized and determined by
the Department.
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24 | | Each applicant for licensure who possesses the necessary
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25 | | qualifications shall pay to the Department the required license
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26 | | fee, which is not refundable.
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1 | | An individual applying for licensure shall have 3 years
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2 | | after the date of application to complete the application
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3 | | process. If the process has not been completed in 3 years, the
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4 | | application shall be denied and the fee forfeited. The
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5 | | applicant may reapply, but shall meet the requirements in
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6 | | effect at the time of reapplication.
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7 | | (c) An architect licensed under the Illinois Architecture
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8 | | Practice Act of 1989 may,
without examination, be granted a |
9 | | license to provide services
as a registered design practitioner |
10 | | upon submission to the Department of
proof of his or her |
11 | | licensure as an architect and payment of
the required fee, |
12 | | which shall be determined by the Department
by rule.
|
13 | | (d) All currently active registered interior designers who |
14 | | are registered under the Illinois Interior Design Title Act, |
15 | | and who have met the qualifications for licensure set forth in |
16 | | this Act, may be granted a license to provide services as a |
17 | | registered design practitioner, as described in this Act and as |
18 | | determined by the Department.
|
19 | | Section 40. Social Security number on license application.
|
20 | | In addition to any other information required to be contained
|
21 | | in the application, every application for an original, renewal,
|
22 | | or restored license under this Act shall include the
|
23 | | applicant's Social Security number.
|
24 | | Section 45. Qualifications of applicants. A person who is
|
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1 | | of good moral character and is a citizen of the United States
|
2 | | or any of its territories or a lawfully admitted alien may take
|
3 | | an examination for licensure if he or she is a graduate of a
|
4 | | program deemed satisfactory by the Department and has completed
|
5 | | diversified professional training, including academic
|
6 | | training, as required by Section 35 of this Act and the rules |
7 | | of the Department. The
Department may adopt, as its own rules |
8 | | relating to diversified
professional training, those |
9 | | guidelines that may be published
from time to time by the |
10 | | National Council for Interior Design
Qualification or its |
11 | | successor entity.
|
12 | | "Good moral character" means such character as will enable
|
13 | | a person to discharge the fiduciary duties of a registered |
14 | | interior
designer to that person's clients and to the public in |
15 | | a manner
that protects health, safety, and welfare. Evidence of
|
16 | | inability to discharge those duties may include the commission
|
17 | | of an offense justifying discipline under Section 95 of this |
18 | | Act. In
addition, the Department may take into consideration |
19 | | any felony
conviction of the applicant, but such a conviction |
20 | | shall not operate as an absolute bar to qualification for |
21 | | examination for
licensure.
|
22 | | Section 50. Display of license seal. Every holder of a
|
23 | | license as a registered design practitioner shall display it in |
24 | | a
conspicuous place in the principal office of the registered |
25 | | design practitioner. |
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1 | | Every registered design practitioner shall have a |
2 | | reproducible
seal, or facsimile, the print of which shall |
3 | | contain the name
of the registered design practitioner, the |
4 | | license number, and the words
"Registered Design Practitioner, |
5 | | State of Illinois". The registered
design practitioner shall |
6 | | affix the signature, current date, date
of license expiration, |
7 | | and seal to the first sheet of any bound
set or loose sheets of |
8 | | interior technical submissions utilized
as contract documents |
9 | | or prepared for the review and approval
of any governmental or |
10 | | public authority having jurisdiction by
that registered design |
11 | | practitioner, or under that registered design practitioner's
|
12 | | direct supervision and control. The sheet of
interior technical |
13 | | submissions to which the seal is affixed
shall indicate those |
14 | | documents or parts thereof to which the
seal applies. A |
15 | | registered design practitioner shall be deemed to be a |
16 | | registered design professional as that term is used or defined |
17 | | in any building code or regulation adopted by any governmental |
18 | | or public authority having jurisdiction. |
19 | | For the purposes of this Act, "direct supervision and
|
20 | | control" means that the registered design practitioner has |
21 | | exerted
sufficient personal supervision, control, and review |
22 | | of the
activities of those employed to perform registered |
23 | | design work to
ensure that the interior technical submissions |
24 | | produced by those so
employed and sealed by the registered |
25 | | design practitioner meet the standards
of reasonable |
26 | | professional skill and diligence and are of no
lesser quality |
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1 | | than if they had been produced personally by the
registered |
2 | | design practitioner. The registered design practitioner is |
3 | | obligated to have
detailed professional knowledge of the |
4 | | interior technical submissions
the registered design |
5 | | practitioner seals, and to have exercised professional
|
6 | | judgment in all registered design matters embodied in those
|
7 | | interior technical submissions. Merely reviewing the interior
|
8 | | technical submissions produced by others, even if they are
|
9 | | licensed, shall not constitute "direct supervision and
|
10 | | control" by the registered design practitioner unless the |
11 | | registered design practitioner
has actually exercised |
12 | | supervision and control over the
preparation of the interior |
13 | | technical submissions.
|
14 | | Section 55. Issuance of license. If an applicant has |
15 | | complied with the provisions of
this Act, then the Department |
16 | | shall issue a
license to that applicant.
|
17 | | Section 60. Licenses; renewal; restoration; reciprocity; |
18 | | registered
design practitioners in military service. The |
19 | | expiration date and renewal
period for each license issued |
20 | | under this Act shall be set by
rule. The holder of a license |
21 | | may renew the license during the
month preceding the expiration |
22 | | date thereof by paying the
required fee. A registered design |
23 | | practitioner who has permitted
his or her license to expire or |
24 | | who has had his or her license
on inactive status may have his |
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1 | | or her license restored by
making application to the Department |
2 | | and filing proof
acceptable to the Department of his or her |
3 | | fitness to have his
or her license restored, including sworn |
4 | | evidence certifying to
active practice in another jurisdiction |
5 | | satisfactory to the
Department, and by paying the required |
6 | | restoration fee.
|
7 | | If the person has not maintained an active practice in
|
8 | | another jurisdiction satisfactory to the Department, the Board
|
9 | | shall determine, by an evaluation program established by rule,
|
10 | | that person's fitness to resume active status and may require
|
11 | | that person to successfully complete an examination.
|
12 | | Any person whose license has been expired for more than 3
|
13 | | years may have his or her license restored by submitting
an |
14 | | application to the Department and filing proof acceptable to
|
15 | | the Department of his or her fitness to have his or her license
|
16 | | restored, including sworn evidence certifying to active
|
17 | | practice in another jurisdiction, and by paying the required
|
18 | | restoration fee.
|
19 | | However, any person whose license has expired while he or
|
20 | | she has been engaged (i) in federal service on active duty with
|
21 | | the United States Army, Navy, Marine Corps, Air Force, Coast
|
22 | | Guard, or the State Militia called into the service or training
|
23 | | of the United States of America, or (ii) in training or
|
24 | | education under the supervision of the United States
|
25 | | preliminary to induction into the military service, may have
|
26 | | his or her license restored or reinstated without paying any
|
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1 | | lapsed renewal fees or restoration fee if within 2 years after
|
2 | | termination of the service, training, or education other than |
3 | | by
dishonorable discharge he or she furnishes the Department |
4 | | with
an affidavit to the effect that he or she has been so |
5 | | engaged
and that his or her service, training, or education has |
6 | | been so
terminated.
|
7 | | Section 65. Inactive status; restoration. Any registered
|
8 | | design practitioner who notifies the Department, in writing on
|
9 | | forms prescribed by the Department, may elect to place his or
|
10 | | her license on an inactive status and shall, subject to rules
|
11 | | of the Department, be excused from payment of renewal fees
|
12 | | until he or she notifies the Department in writing of his or
|
13 | | her desire to resume active status. |
14 | | A registered design practitioner requesting restoration |
15 | | from
inactive status shall be required to pay the current |
16 | | renewal
fee and shall have his or her license restored as |
17 | | provided in
Section 140 of this Act.
|
18 | | A registered design practitioner whose license is in an
|
19 | | inactive status shall not practice the profession of registered |
20 | | design in the
State.
|
21 | | Section 70. Endorsement. The Department may, in its
|
22 | | discretion and upon payment of the required fee, issue a |
23 | | license as a
registered design practitioner, without |
24 | | examination, to an applicant who is a
design practitioner |
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1 | | licensed or registered under the laws of another state or
|
2 | | territory, if the requirements for licensure or registration in |
3 | | that state or
territory were, at the date of his or her |
4 | | license,
substantially equivalent to the requirements in force |
5 | | in this
State on that date as determined by the Board.
|
6 | | Applicants have 3 years after the date of application to
|
7 | | complete the application process. If the process has not been
|
8 | | completed within the 3 years, the application shall be denied,
|
9 | | the fee shall be forfeited, and the applicant must reapply and
|
10 | | meet the requirements in effect at the time of reapplication.
|
11 | | Section 75. Fees. |
12 | | (a) License fees.
|
13 | | (1) The fee for application for a license is $100.
|
14 | | (2) In addition, applicants for any examination are
|
15 | | required to pay, either to the Department or to the
|
16 | | designated testing service, a fee covering the cost of
|
17 | | determining the applicant's eligibility and providing the
|
18 | | examination. Failure to appear for the examination on the
|
19 | | scheduled date, at the time and place specified, after the
|
20 | | applicant's application for examination has been received
|
21 | | and acknowledged by the Department or the designated
|
22 | | testing service, shall result in the forfeiture of the
|
23 | | examination fee.
|
24 | | (3) The fee for a license for a registered design |
25 | | practitioner
registered, certified, or licensed under the |
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1 | | laws of another state or
territory of the United States or |
2 | | province is $100.
|
3 | | (4) The fee for the renewal of a license is $30. |
4 | | (5) The fee for the restoration of a license other than
|
5 | | from inactive status is $10, plus payment of all lapsed
|
6 | | renewal fees.
|
7 | | (6) The fee for application for a license as a
|
8 | | registered design practice corporation or partnership is |
9 | | $100.
|
10 | | (7) The fee for a renewal of a license or certificate
|
11 | | of license as a professional registered design firm is $30.
|
12 | | (b) General fees.
|
13 | | (1) The fee for the issuance of a duplicate license,
|
14 | | for the issuance of a replacement license for a license
|
15 | | that has been lost or destroyed, or for the issuance of a
|
16 | | license with a change of name or address other than during
|
17 | | the renewal period is $20. No fee is required for name and
|
18 | | address changes on Department records when no duplicate
|
19 | | license is issued.
|
20 | | (2) The fee for a certification of a licensee's or |
21 | | registrant's record
for any purpose is $20.
|
22 | | (3) The fee for rescoring an examination is the cost to
|
23 | | the Department of rescoring the examination, plus any fees
|
24 | | charged by the applicable testing service to have the
|
25 | | examination rescored.
|
26 | | (4) The fee for a wall certificate showing licensure is
|
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1 | | the actual cost of producing such certificate.
|
2 | | (5) The fee for a roster of registered design |
3 | | practitioners
in this State is the actual cost of producing |
4 | | the
roster.
|
5 | | (c) The fees in this Section are nonrefundable. |
6 | | (d) All of the fees and fines collected under this Section
|
7 | | shall be deposited into the Design Professionals |
8 | | Administration
and Investigation Fund.
|
9 | | (e) Any person who delivers a check or other payment to the
|
10 | | Department that is returned to the Department unpaid by the
|
11 | | financial institution upon which it is drawn shall pay to the
|
12 | | Department, in addition to the amount already owing to the
|
13 | | Department, a fine of $50. If the check or other payment was
|
14 | | for a renewal or issuance fee and that person practices without
|
15 | | paying the renewal fee or issuance fee and the fine due, an
|
16 | | additional fine of $100 shall be imposed. The fines imposed by
|
17 | | this Section are in addition to any other discipline provided
|
18 | | under this Act for unregistered practice or practice on an |
19 | | expired license. The Department shall notify the person that
|
20 | | payment of fees and fines shall be paid to the Department by
|
21 | | certified check or money order within 30 calendar days of the
|
22 | | notification. If, after termination or denial, the person seeks
|
23 | | a license or certificate, he or she shall apply to the
|
24 | | Department for restoration or issuance of the license or
|
25 | | certificate and pay all fees and fines due to the Department.
|
26 | | The Department may establish a fee for the processing of an
|
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1 | | application for restoration of a license or certificate to pay
|
2 | | all expenses of processing this application. The Secretary may
|
3 | | waive the fines due under this subsection (e) in individual |
4 | | cases
where the Secretary finds that the fines would be |
5 | | unreasonable
or unnecessarily burdensome.
|
6 | | Section 80. Roster of licensees and registrants. A roster
|
7 | | showing the names and addresses of all registered design |
8 | | practitioners,
registered design practitioner corporations, |
9 | | and partnerships and
professional registered design firms |
10 | | licensed or registered under this Act
shall be prepared by the |
11 | | Department each year. This roster
shall be available upon |
12 | | written request and payment of the
required fee. |
13 | | Section 85. Continuing education. The Department shall |
14 | | adopt rules establishing continuing education requirements for |
15 | | persons licensed under this Act. The Department shall consider |
16 | | the recommendations of the Board in establishing the guidelines |
17 | | for the continuing education requirements. The requirements of |
18 | | this Section apply to any person seeking license renewal or |
19 | | restoration under Section 60 or 65 of this Act. |
20 | | Section 90. Professional registered design firm |
21 | | registration;
conditions.
|
22 | | (a) Nothing in this Act prohibits the formation, under the
|
23 | | provisions of the Professional Service Corporation Act, of a
|
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1 | | corporation to practice registered design.
|
2 | | Any business not formed under the Professional Service
|
3 | | Corporation Act and not registered as such with the Department,
|
4 | | and which includes the practice of the profession of registered |
5 | | design within its
stated purposes or practices or holds itself |
6 | | out as available
to practice the profession of registered |
7 | | design, shall register with the Department
under this Section. |
8 | | Any professional service corporation, sole
proprietorship, or |
9 | | professional registered design firm offering registered
design |
10 | | services must have a resident registered design practitioner or |
11 | | other
Illinois licensed design professional overseeing the |
12 | | registered
design practices in each location in which |
13 | | registered design
services are provided. |
14 | | Any sole proprietorship not owned and operated by an
|
15 | | Illinois registered design professional
shall be prohibited |
16 | | from offering registered design services under this Act to
the |
17 | | public. Any sole proprietorship owned and operated by a
|
18 | | registered design practitioner with an active license issued |
19 | | under this Act
is exempt from the license requirements of a |
20 | | professional registered
design firm.
|
21 | | (b) Any corporation, including a Professional Service |
22 | | Corporation, partnership, limited liability company, or |
23 | | professional registered design
firm seeking to be registered |
24 | | under this Section shall not be
registered unless:
|
25 | | (1) two-thirds of the board of directors (in the case
|
26 | | of a corporation), general partners (in the case of a
|
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1 | | partnership), or members (in the case of a limited
|
2 | | liability company) are certified or registered under the |
3 | | laws of any state
to practice registered interior design, |
4 | | architecture, professional
engineering, structural |
5 | | engineering or land surveying; and
|
6 | | (2) the person having the registered design practice in
|
7 | | this State in his or her charge is (A) a director (in the
|
8 | | case of a corporation), general partner (in the case of a
|
9 | | partnership), or member (in the case of a limited liability
|
10 | | company) and (B) holds a license under this Act.
|
11 | | A corporation, limited liability company, professional
|
12 | | service corporation, or partnership qualifying under this
|
13 | | Section and practicing in this State shall file with the
|
14 | | Department all information concerning its officers, directors,
|
15 | | members, managers, or partners that the
Department may, by |
16 | | rule, require.
|
17 | | (c) No business shall practice or offer the practice or |
18 | | hold itself out as
available to offer the practice of the |
19 | | profession of registered design until it is registered
with the |
20 | | Department.
|
21 | | (d) A business seeking to be registered under this Section
|
22 | | shall submit an application on a form provided by the |
23 | | Department and
shall provide all information requested by the |
24 | | Department,
including, but not limited to, all of the |
25 | | following:
|
26 | | (1) The name and license number of
at least one person |
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1 | | designated as the managing agent in
responsible charge of |
2 | | the practice of the profession of registered design in
|
3 | | Illinois. In the case of a corporation, the corporation
|
4 | | shall also submit a certified copy of the resolution by the
|
5 | | board of directors designating at least one managing agent.
|
6 | | If the business is a limited liability company, the company
|
7 | | shall submit a certified copy of either its articles of
|
8 | | organization, or its operating agreement, whichever
|
9 | | designates the managing agent.
|
10 | | (2) The names and license numbers of the registered |
11 | | design practitioners, professional engineers, architects, |
12 | | and
structural engineers among the directors (in the case |
13 | | of a
corporation), members (in the case of a limited |
14 | | liability
company), or general partners (in the case of a
|
15 | | partnership).
|
16 | | (3) A list of all locations at which the professional |
17 | | registered
design firm provides registered design |
18 | | practitioner services.
|
19 | | (4) A list of all assumed names of the business. |
20 | | Nothing in this Section shall be construed to exempt a
|
21 | | business from compliance with the requirements of the
Assumed |
22 | | Business Name Act. |
23 | | It is the responsibility of the professional registered |
24 | | design firm to
provide the Department notice in writing of any |
25 | | changes in the
information requested on the application.
|
26 | | (e) If a managing agent terminates his or her status as a
|
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1 | | managing agent of the professional registered design firm, or |
2 | | is
terminated, the managing agent and the registered |
3 | | professional design firm
shall each notify the Department of |
4 | | this fact in writing, by
certified mail, within 30 business |
5 | | days after the termination. |
6 | | If it has so notified the Department, the professional
|
7 | | registered design firm has 60 days after the termination date |
8 | | in which to
notify the Department of the name and license |
9 | | number of the
registered design practitioner who is the newly |
10 | | designated managing agent. A
corporation shall also submit a |
11 | | certified copy of a resolution
by the board of directors |
12 | | designating the new managing agent. A
limited liability company |
13 | | shall also submit a certified copy of
either its articles of |
14 | | organization or its operating agreement,
whichever designates |
15 | | the new managing agent. The Department
may, upon good cause |
16 | | shown, extend the original 60-day period.
|
17 | | If the professional registered design firm has not notified |
18 | | the
Department within the specified time, the license shall be
|
19 | | terminated without prior hearing. Notification of termination
|
20 | | shall be sent by certified mail to the last known address of
|
21 | | the business. If the professional registered design firm |
22 | | continues to
operate and offer registered design services after |
23 | | the
termination, the Department may seek prosecution under
|
24 | | Sections 100, 105, and 115 of this Act for the unregulated
|
25 | | practice of registered design.
|
26 | | (f) No professional registered design firm shall be |
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1 | | relieved of
responsibility for the conduct or acts of its |
2 | | agents,
employees, or officers by reason of its compliance with |
3 | | this
Section, nor shall any individual practicing the |
4 | | profession of registered design be
relieved of the |
5 | | responsibility for professional services
performed by reason |
6 | | of the individual's employment or
relationship with a |
7 | | professional registered design firm registered under
this |
8 | | Section.
|
9 | | (g) Disciplinary action against a professional registered |
10 | | design firm
registered under this Section shall be administered |
11 | | in the same
manner and on the same grounds as disciplinary |
12 | | action against a
registered design practitioner.
|
13 | | Section 95. Refusal, suspension and revocation of
|
14 | | licenses; causes.
|
15 | | (a) The Department may refuse to issue, refuse to renew, |
16 | | refuse to restore,
suspend, or revoke any license or may
place |
17 | | on probation, reprimand, or take other disciplinary or |
18 | | non-disciplinary action as the Department may deem proper, |
19 | | including the imposition of fines
not to exceed $10,000 for |
20 | | each violation, with regard to any license or registration |
21 | | under this Act for any of the following
reasons:
|
22 | | (1) material misstatement in furnishing information to
|
23 | | the Department;
|
24 | | (2) negligence, incompetence, or misconduct in the
|
25 | | practice of the profession of registered design;
|
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1 | | (3) failure to comply with any of the provisions of
|
2 | | this Act or its rules;
|
3 | | (4) making any misrepresentation for the purpose of
|
4 | | obtaining licensure or registration;
|
5 | | (5) purposefully making false statements or signing
|
6 | | false statements, certificates, or affidavits to induce
|
7 | | payment;
|
8 | | (6) conviction of any crime under the laws of the
|
9 | | United States, or any state or territory thereof, which is
|
10 | | a felony, whether related to the practice of interior
|
11 | | design or not; or conviction of any crime, whether a
|
12 | | felony, misdemeanor, or otherwise, an essential element of
|
13 | | which is dishonesty or wanton disregard for the rights of
|
14 | | others, or that is directly related to the practice of
|
15 | | registered design;
|
16 | | (7) aiding or assisting another person in violating any
|
17 | | provision of this Act or its rules;
|
18 | | (8) signing or affixing the registered design |
19 | | practitioner's
seal or permitting the registered design |
20 | | practitioner's seal
to be affixed to any technical |
21 | | submissions not prepared by
the registered design |
22 | | practitioner or under that registered design |
23 | | practitioner's
direct supervision and control;
|
24 | | (9) engaging in dishonorable, unethical, or
|
25 | | unprofessional conduct of a character likely to deceive,
|
26 | | defraud, or harm the public;
|
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1 | | (10) habitual intoxication or addiction to the use of
|
2 | | drugs;
|
3 | | (11) making a statement of compliance under the
|
4 | | Environmental Barriers Act that technical submissions
|
5 | | prepared by the registered design practitioner or prepared
|
6 | | under the registered design practitioner's direct |
7 | | supervision
and control for construction or alteration of |
8 | | an occupancy
required to be in compliance with the |
9 | | Environmental
Barriers Act are in compliance with the |
10 | | Environmental
Barriers Act when the technical submissions |
11 | | are not in
compliance;
|
12 | | (12) a finding by the Board that a licensee or |
13 | | registrant whose
license or registration has been placed on |
14 | | probationary status has
violated the terms of probation;
|
15 | | (13) discipline by another state, territory, foreign
|
16 | | country, the District of Columbia, the United States
|
17 | | government, or any other governmental agency, if at least
|
18 | | one of the grounds for discipline is the same or
|
19 | | substantially equivalent to those set forth in this |
20 | | Section;
|
21 | | (14) failure to provide information in response to a
|
22 | | written request made by the Department within 30 days after
|
23 | | receipt of the written request;
and |
24 | | (15) physical illness, including, but not limited to,
|
25 | | deterioration through the aging process or loss of motor
|
26 | | skill that results in the inability to practice the
|
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1 | | profession with reasonable judgment, skill, or safety.
|
2 | | (b) The determination by a circuit court that a licensee is
|
3 | | subject to involuntary admission or judicial admission, as
|
4 | | provided in the Mental Health and Developmental Disabilities
|
5 | | Code, operates as an automatic suspension. The suspension shall
|
6 | | end only upon a finding by a court that the patient is no
|
7 | | longer subject to involuntary admission or judicial admission,
|
8 | | the issuance of an order so finding and discharging the
|
9 | | patient, and the recommendation of the Board to the Secretary
|
10 | | that the licensee be allowed to resume practice. |
11 | | The Department may refuse to issue or may suspend the
|
12 | | license of any person who fails to file a return, to pay the
|
13 | | tax, penalty, or interest shown in a filed return, to pay any
|
14 | | final assessment of tax, penalty, or interest, as required by
|
15 | | any tax Act administered by the Illinois Department of Revenue,
|
16 | | until such time as the requirements of any that tax Act are
|
17 | | satisfied. |
18 | | Persons who assist the Department as consultants or expert
|
19 | | witnesses in the investigation or prosecution of alleged
|
20 | | violations of this Act, licensure matters, restoration
|
21 | | proceedings, or criminal prosecutions shall not be liable for
|
22 | | damages in any civil action or proceeding as a result of such
|
23 | | assistance, except upon proof of actual malice. The Attorney
|
24 | | General shall defend those persons in any such action or
|
25 | | proceeding.
|
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1 | | Section 100. Violations; injunction; cease and desist
|
2 | | order.
|
3 | | (a) If any person or entity violates a provision of this
|
4 | | Act, the Secretary may, in the name of the People of the State
|
5 | | of Illinois, through the Attorney General of the State of
|
6 | | Illinois, petition for an order enjoining the violation or for
|
7 | | an order enforcing compliance with this Act. Upon the filing of
|
8 | | a verified petition in the court, the court may issue a
|
9 | | temporary restraining order, without notice or bond, and may
|
10 | | preliminarily and permanently enjoin the violation. If it is
|
11 | | established that the person or entity has violated or is
|
12 | | violating the injunction, the court may punish the offender for
|
13 | | contempt of court. Proceedings under this Section are in
|
14 | | addition to, and not in lieu of, all other remedies and
|
15 | | penalties provided by this Act.
|
16 | | (b) If any person or entity practices as a registered |
17 | | design practitioner or professional registered design firm or |
18 | | holds himself or herself out as a registered design |
19 | | practitioner
or professional registered design firm without |
20 | | being licensed or
registered under the provisions of this Act, |
21 | | then any registered
design practitioner, any interested party, |
22 | | or any person injured
thereby may, in addition to the |
23 | | Secretary, petition for relief
as provided in subsection (a) of |
24 | | this Section. |
25 | | (c) Whenever in the opinion of the Department any person or
|
26 | | entity violates any provision of this Act, the Department may
|
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|
1 | | issue a rule to show cause why an order to cease and desist
|
2 | | should not be entered against him or her. The rule shall
|
3 | | clearly set forth the grounds relied upon by the Department and
|
4 | | shall provide a period of 7 days after the date of the rule to
|
5 | | file an answer to the satisfaction of the Department. Failure
|
6 | | to answer to the satisfaction of the Department shall cause an
|
7 | | order to cease and desist to be issued immediately.
|
8 | | Section 105. Investigations; notice and hearing. The
|
9 | | Department may investigate the actions of any applicant or of
|
10 | | any person or entity holding or claiming to hold a license.
|
11 | | Before the initiation of an investigation, the
matter shall be |
12 | | reviewed by a subcommittee of the Board
according to procedures |
13 | | established by rule for the Complaint
Committee. The Department |
14 | | shall, before refusing to restore,
issue, or renew a license, |
15 | | or disciplining a
licensee or registrant, at least 30 days |
16 | | prior to the date set
for the hearing, notify in writing the |
17 | | applicant for or holder
of a license or registration of the |
18 | | nature of the charges and
that a hearing will be held on the |
19 | | date designated and direct
the applicant or licensee or |
20 | | registrant to file a
written answer to the Board under oath |
21 | | within 20 days after the
service of the notice and inform the |
22 | | applicant, licensee, or registrant that failure to file an |
23 | | answer will
result in default being taken against the |
24 | | applicant, licensee, or registrant and that the license
may be |
25 | | suspended, revoked, place on probationary status, or
other |
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|
1 | | disciplinary action may be taken, including limiting the
scope, |
2 | | nature, or extent of practice, as the Secretary may deem
|
3 | | proper. Written notice may be served by personal delivery or
|
4 | | certified or registered mail to the respondent at the address
|
5 | | of his or her last notification to the Department. If the
|
6 | | person or entity fails to file an answer after receiving
|
7 | | notice, his or her license or may, in the
discretion of the |
8 | | Department, be suspended, revoked, or placed
on probationary |
9 | | status, or the Department may take whatever
disciplinary action |
10 | | it deems proper, including limiting the
scope, nature, or |
11 | | extent of the person's practice or the
imposition of a fine, |
12 | | without a hearing, if the act or acts
charged constitute |
13 | | sufficient grounds for such action under
this Act. At the time |
14 | | and place fixed in the notice, the Board
shall proceed to hear |
15 | | the charges, and the parties or their
counsel shall be accorded |
16 | | ample opportunity to present such
statements, testimony, |
17 | | evidence, and argument as may be
pertinent to the charges or to |
18 | | their defense. The Board may
continue the hearing from time to |
19 | | time.
|
20 | | Section 110. Stenographer; transcript. The Department, at
|
21 | | its expense, shall preserve a record of all proceedings at the
|
22 | | formal hearing of any case involving the refusal to restore,
|
23 | | issue, or renew a license or the discipline of a registrant. |
24 | | The
notice of hearing, complaint, and all other documents in |
25 | | the
nature of pleadings and written motions filed in the
|
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|
1 | | proceedings, the transcript of testimony, the report of the
|
2 | | Board and the orders of the Department shall be the record of
|
3 | | the proceedings. The Department shall furnish a transcript of
|
4 | | the record to any person interested in the hearing upon payment
|
5 | | of the fee required by Section 2105-115 of the Department of |
6 | | Professional Regulation Law of the Civil Administrative
Code of |
7 | | Illinois.
|
8 | | Section 115. Subpoenas of witnesses; oaths. The Department
|
9 | | has power to subpoena and bring before it any person in this
|
10 | | State and to take testimony either orally or by deposition, or
|
11 | | both, with the same fees and mileage and in the same manner as
|
12 | | prescribed by law in judicial proceedings in civil cases in
|
13 | | circuit courts of this State.
|
14 | | The Secretary and any member of the Board has the
power to |
15 | | administer oaths to witnesses at any hearing that the
|
16 | | Department is authorized by law to conduct, and any other oaths
|
17 | | required or authorized in any Act administered by the
|
18 | | Department.
|
19 | | Section 120. Procedure to compel attendance of witnesses.
|
20 | | Any circuit court, upon the application of the accused person,
|
21 | | or complainant, or of the Department, may, by order duly
|
22 | | entered, require the attendance of witnesses and the production
|
23 | | of relevant books and papers before the Department in any
|
24 | | hearing relating to the application for or refusal, recall,
|
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1 | | suspension, or revocation of the license, or the discipline of
|
2 | | a licensee, and the court may compel obedience to its order by
|
3 | | proceedings for contempt. |
4 | | Section 125. Report of Board; rehearing. After the hearing,
|
5 | | the Board shall present to the Secretary its written report of
|
6 | | its findings and recommendations. A copy of the report shall be
|
7 | | served upon the accused person, either personally, or by
|
8 | | registered or certified mail as provided in this Act for the
|
9 | | service of the notice. Within 20 days after the service, the
|
10 | | accused person may present to the Department his or her motion
|
11 | | in writing for a rehearing, which shall specify the particular
|
12 | | grounds for rehearing. If the accused person orders and pays
|
13 | | for a transcript of the record as provided in this Section, the
|
14 | | time elapsing before the transcript is ready for delivery to
|
15 | | him or her shall not be counted as part of the 20 days. |
16 | | Whenever the Secretary is not satisfied that substantial
|
17 | | justice has been done, he or she may order a rehearing by the
|
18 | | same or another special board. At the expiration of the time
|
19 | | specified for filing a motion for a rehearing, the Secretary |
20 | | has
the right to take the action recommended by the Board.
|
21 | | Section 130. Hearing officer. Notwithstanding the
|
22 | | provisions of Section 105 of this Act, the Secretary has the
|
23 | | authority to appoint any attorney duly licensed to practice law
|
24 | | in the State to serve as the hearing officer in any action
|
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1 | | under Section 125. The Secretary shall notify the Board of any
|
2 | | such appointment. The hearing officer has full authority to
|
3 | | conduct the hearing. The Board has the right to have at least
|
4 | | one member present at any hearing conducted by the hearing
|
5 | | officer. The hearing officer shall report his or her findings
|
6 | | of fact, conclusions of law, and recommendations to the Board
|
7 | | and the Secretary. The Board has 60 days after the receipt of
|
8 | | the report to review the report of the hearing officer and
|
9 | | present his or her findings of fact, conclusions of law, and
|
10 | | recommendations to the Secretary. If the Board fails to present
|
11 | | its report within the 60-day period, the Secretary shall issue
|
12 | | an order based on the report of the hearing officer. If the
|
13 | | Secretary disagrees in any regard with the report of the Board
|
14 | | or hearing officer, he or she may issue an order in
|
15 | | contravention thereof. The Secretary shall provide a written
|
16 | | explanation to the Board on any deviation, and shall specify
|
17 | | with particularity the reasons for such action in the final
|
18 | | order.
|
19 | | Section 135. Order to be prima facie proof. An order of
|
20 | | revocation or suspension or a certified copy thereof, over the
|
21 | | seal of the Department and purporting to be signed by the
|
22 | | Secretary, shall be prima facie proof:
|
23 | | (1) that the signature is the genuine signature of the
|
24 | | Secretary;
|
25 | | (2) that the Secretary is duly appointed and qualified;
|
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1 | | and
|
2 | | (3) that the Board and the members thereof are
|
3 | | qualified to act.
|
4 | | This prima facie proof may be rebutted.
|
5 | | Section 140. Issuance or restoration of license. At any
|
6 | | time after the refusal to issue, suspension, or revocation
of |
7 | | any license, the Department may issue or restore it to the
|
8 | | applicant without examination, upon the written recommendation
|
9 | | of the Board.
|
10 | | Section 145. Surrender of license. Upon the revocation or
|
11 | | suspension of any license or certificate of registration, the |
12 | | licensee or registrant shall immediately
surrender the license |
13 | | or certificate of registration to the Department and, if the |
14 | | licensee or registrant
fails to do so, the Department has the |
15 | | right to seize the
license or certificate of registration.
|
16 | | Section 150. Summary suspension of a license. The Secretary
|
17 | | may temporarily suspend the license of a registered design |
18 | | practitioner
without a hearing, simultaneously with the |
19 | | institution of
proceedings for a hearing provided for in |
20 | | Section 105 of this
Act, if the Secretary finds evidence that |
21 | | indicates a registered design practitioner's continuation
of |
22 | | practice would constitute an imminent danger to the public.
In |
23 | | the event that the Secretary temporarily suspends the license |
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1 | | of a registered design practitioner without a hearing, a |
2 | | hearing by
the Board must be held within 30 days after the |
3 | | suspension has
occurred.
|
4 | | Section 155. Review under the Administrative Review Law;
|
5 | | venue. All final administrative decisions of the Department
|
6 | | under this Act are subject to judicial review under the
|
7 | | provisions of the Administrative Review Law. The term
|
8 | | "administrative decision" means the same as in Section 3-101 of |
9 | | the
Code of Civil Procedure. |
10 | | The proceedings for judicial review shall be commenced in
|
11 | | the circuit court of the county that the party applying for
|
12 | | review resides, but if the party is not a resident of this
|
13 | | State, the venue shall be in Sangamon County.
|
14 | | Section 160. Certifying record to court; costs. The
|
15 | | Department shall not be required to certify any record to the
|
16 | | court or file any answer in court or otherwise appear in any
|
17 | | court in a judicial review proceeding, unless there is filed in
|
18 | | the court with the complaint a receipt from the Department
|
19 | | acknowledging payment of the costs of furnishing and certifying
|
20 | | the record.
|
21 | | Section 165. Violations. |
22 | | (a) Each of the following acts constitutes a Class A
|
23 | | misdemeanor for the first offense and a Class 4 felony for a
|
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1 | | second or subsequent offense:
|
2 | | (1) the practice, attempt to practice, or offer to
|
3 | | practice the profession of registered design, or the |
4 | | advertising or putting out
of any sign or card or other |
5 | | device that might indicate to
the public that the person is |
6 | | entitled to practice the profession of registered
design, |
7 | | without a license as a registered design practitioner
or |
8 | | registration as a professional registered design firm |
9 | | issued by the
Department; each day of practicing the |
10 | | profession of registered design or
attempting to practice |
11 | | the profession of registered design, and each instance
of |
12 | | offering to practice the profession of registered design, |
13 | | without a license
as a registered design practitioner or |
14 | | registration as a
professional registered design firm |
15 | | constituting a separate offense; |
16 | | (2) the making of any willfully false oath or
|
17 | | affirmation in any matter or proceeding where an oath or
|
18 | | affirmation is required by this Act;
|
19 | | (3) the affixing of a registered design practitioner's |
20 | | seal
to any technical submission that has not been prepared |
21 | | by
that registered design practitioner, or under the |
22 | | registered design practitioner's
direct supervision and |
23 | | control;
|
24 | | (4) the violation of any provision of this Act or its
|
25 | | rules;
|
26 | | (5) using or attempting to use an expired, inactive
|
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1 | | suspended, or revoked license or registration, or the |
2 | | certificate or seal
of another, or impersonating another |
3 | | licensee or registrant; or
|
4 | | (6) obtaining or attempting to obtain a
license or |
5 | | registration by fraud. |
6 | | (b) In addition to any other penalty provided by law, the
|
7 | | Department may impose a civil penalty of up to $5,000 for each
|
8 | | violation upon a person, sole proprietorship, professional
|
9 | | service corporation, limited liability company, corporation,
|
10 | | partnership, or other entity that does not hold an active
|
11 | | license as a registered design practitioner, or registration as |
12 | | a
professional registered design firm in this State, and is not |
13 | | exempt from
the provisions of this Act, and:
|
14 | | (1) practices the profession of registered design in |
15 | | this State;
|
16 | | (2) advertises or displays any sign or card or other
|
17 | | device that might indicate to the public that the person or
|
18 | | entity is entitled to practice as a registered design |
19 | | practitioner in
this State; or
|
20 | | (3) uses the title "registered design practitioner" or |
21 | | any of its
derivations with respect to his, her, or its |
22 | | professional
activities in this State.
|
23 | | (c) Civil penalties imposed and collected under this
|
24 | | Section shall be deposited into the Design Professionals
|
25 | | Administration and Investigation Fund.
|
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1 | | Section 170. Administrative Procedure Act. The Illinois
|
2 | | Administrative Procedure Act is hereby expressly adopted and
|
3 | | incorporated herein as if all of the provisions of that Act
|
4 | | were included in this Act, except that the provision of |
5 | | subsection (d) of Section 10-65 of the Illinois Administrative
|
6 | | Procedure Act that provides that at hearings the licensee has
|
7 | | the right to show compliance with all lawful requirements for
|
8 | | retention, continuation, or renewal of the license is
|
9 | | specifically excluded. For the purposes of this Act, the notice
|
10 | | required under Section 10-25 of the Illinois Administrative
|
11 | | Procedure Act is deemed sufficient when mailed to the last
|
12 | | known address of a party.
|
13 | | Section 175. Fund; appropriations; investments; audits.
|
14 | | Moneys deposited in the Design Professionals Administration
|
15 | | and Investigation Fund shall be appropriated to the Department
|
16 | | exclusively for expenses of the Department and the Board in the
|
17 | | administration of this Act, the Illinois Architecture Practice
|
18 | | Act of 1989, the Illinois Professional Land Surveyor Act of
|
19 | | 1989, the Professional Engineering Practice Act of 1989, and
|
20 | | the Structural Engineering Licensing Act of 1989. The expenses
|
21 | | of the Department under this Act shall be limited to the
|
22 | | ordinary and contingent expenses of the design professionals
|
23 | | dedicated employees within the Department, as established |
24 | | under
Section 2105-75 of the Department of Professional |
25 | | Regulation Law of the Civil Administrative Code of Illinois, |
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1 | | and
other expenses related to the administration and |
2 | | enforcement of
this Act.
|
3 | | All fines and penalties under Sections 20 and 75 shall be
|
4 | | deposited into the Design Professionals Administration and
|
5 | | Investigation Fund.
|
6 | | Moneys in the Design Professional Administration and
|
7 | | Investigation Fund may be invested and reinvested. Earnings
|
8 | | attributable to those investments shall be deposited into the
|
9 | | Fund and used for the same purposes as fees deposited into the
|
10 | | Fund.
|
11 | | Upon the completion of any audit of the Department, as
|
12 | | prescribed by the Illinois State Auditing Act, that includes an
|
13 | | audit of the Design Professionals Administration and
|
14 | | Investigation Fund, the Department shall make the audit open to
|
15 | | inspection by any interested person. The copy of the audit
|
16 | | report required to be submitted to the Department under this
|
17 | | Section is in addition to the copies of audit reports required
|
18 | | to be submitted to other State officers and agencies by Section
|
19 | | 3-14 of the Illinois State Auditing Act.
|
20 | | Section 180. Home rule. It is declared to be the public
|
21 | | policy of this State, under subsection (h) of Section 6 of
|
22 | | Article VII of the Illinois Constitution of 1970, that any
|
23 | | power or function set forth in this Act to be exercised by the
|
24 | | State is an exclusive State power or function. The power or
|
25 | | function shall not be exercised concurrently, either directly
|
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1 | | or indirectly, by any unit of local government, including home
|
2 | | rule units, except as otherwise provided in this Act. This is a
|
3 | | limitation of home rule powers.
|
4 | | Section 500. The Regulatory Sunset Act is amended by adding |
5 | | Section 4.36 as follows: |
6 | | (5 ILCS 80/4.36 new) |
7 | | Sec. 4.36. Act repealed on January 1, 2026. The following |
8 | | Act is repealed on January 1, 2026: |
9 | | The Illinois Registered Design Practitioner Act. |
10 | | Section 505. The Unified Code of Corrections is amended by |
11 | | changing Section 5-5-5 as follows:
|
12 | | (730 ILCS 5/5-5-5) (from Ch. 38, par. 1005-5-5)
|
13 | | Sec. 5-5-5. Loss and Restoration of Rights.
|
14 | | (a) Conviction and disposition shall not entail the loss by |
15 | | the
defendant of any civil rights, except under this Section |
16 | | and Sections 29-6
and 29-10 of The Election Code, as now or |
17 | | hereafter amended.
|
18 | | (b) A person convicted of a felony shall be ineligible to |
19 | | hold an office
created by the Constitution of this State until |
20 | | the completion of his sentence.
|
21 | | (c) A person sentenced to imprisonment shall lose his right |
22 | | to vote
until released from imprisonment.
|
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1 | | (d) On completion of sentence of imprisonment or upon |
2 | | discharge from
probation, conditional discharge or periodic |
3 | | imprisonment, or at any time
thereafter, all license rights and |
4 | | privileges
granted under the authority of this State which have |
5 | | been revoked or
suspended because of conviction of an offense |
6 | | shall be restored unless the
authority having jurisdiction of |
7 | | such license rights finds after
investigation and hearing that |
8 | | restoration is not in the public interest.
This paragraph (d) |
9 | | shall not apply to the suspension or revocation of a
license to |
10 | | operate a motor vehicle under the Illinois Vehicle Code.
|
11 | | (e) Upon a person's discharge from incarceration or parole, |
12 | | or upon a
person's discharge from probation or at any time |
13 | | thereafter, the committing
court may enter an order certifying |
14 | | that the sentence has been
satisfactorily completed when the |
15 | | court believes it would assist in the
rehabilitation of the |
16 | | person and be consistent with the public welfare.
Such order |
17 | | may be entered upon the motion of the defendant or the State or
|
18 | | upon the court's own motion.
|
19 | | (f) Upon entry of the order, the court shall issue to the |
20 | | person in
whose favor the order has been entered a certificate |
21 | | stating that his
behavior after conviction has warranted the |
22 | | issuance of the order.
|
23 | | (g) This Section shall not affect the right of a defendant |
24 | | to
collaterally attack his conviction or to rely on it in bar |
25 | | of subsequent
proceedings for the same offense.
|
26 | | (h) No application for any license specified in subsection |
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|
1 | | (i) of this
Section granted under the
authority of this State |
2 | | shall be denied by reason of an eligible offender who
has |
3 | | obtained a certificate of relief from disabilities, as
defined |
4 | | in Article 5.5 of this Chapter, having been previously |
5 | | convicted of one
or more
criminal offenses, or by reason of a |
6 | | finding of lack of "good moral
character" when the finding is |
7 | | based upon the fact that the applicant has
previously been |
8 | | convicted of one or more criminal offenses, unless:
|
9 | | (1) there is a direct relationship between one or more |
10 | | of the previous
criminal offenses and the specific license |
11 | | sought; or
|
12 | | (2) the issuance of the license would
involve an |
13 | | unreasonable risk to property or to the safety or welfare |
14 | | of
specific individuals or the general public.
|
15 | | In making such a determination, the licensing agency shall |
16 | | consider the
following factors:
|
17 | | (1) the public policy of this State, as expressed in |
18 | | Article 5.5 of this
Chapter, to encourage the licensure and |
19 | | employment of persons previously
convicted of one or more |
20 | | criminal offenses;
|
21 | | (2) the specific duties and responsibilities |
22 | | necessarily related to the
license being sought;
|
23 | | (3) the bearing, if any, the criminal offenses or |
24 | | offenses for which the
person
was previously convicted will |
25 | | have on his or her fitness or ability to perform
one or
|
26 | | more such duties and responsibilities;
|
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1 | | (4) the time which has elapsed since the occurrence of |
2 | | the criminal
offense or offenses;
|
3 | | (5) the age of the person at the time of occurrence of |
4 | | the criminal
offense or offenses;
|
5 | | (6) the seriousness of the offense or offenses;
|
6 | | (7) any information produced by the person or produced |
7 | | on his or her
behalf in
regard to his or her rehabilitation |
8 | | and good conduct, including a certificate
of relief from |
9 | | disabilities issued to the applicant, which certificate |
10 | | shall
create a presumption of rehabilitation in regard to |
11 | | the offense or offenses
specified in the certificate; and
|
12 | | (8) the legitimate interest of the licensing agency in |
13 | | protecting
property, and
the safety and welfare of specific |
14 | | individuals or the general public.
|
15 | | (i) A certificate of relief from disabilities shall be |
16 | | issued only
for a
license or certification issued under the |
17 | | following Acts:
|
18 | | (1) the Animal Welfare Act; except that a certificate |
19 | | of relief from
disabilities may not be granted
to provide |
20 | | for
the
issuance or restoration of a license under the |
21 | | Animal Welfare Act for any
person convicted of violating |
22 | | Section 3, 3.01, 3.02, 3.03, 3.03-1, or 4.01 of
the Humane |
23 | | Care for Animals Act or Section 26-5 or 48-1 of the |
24 | | Criminal Code of
1961 or the Criminal Code of 2012;
|
25 | | (2) the Illinois Athletic Trainers Practice Act;
|
26 | | (3) the Barber, Cosmetology, Esthetics, Hair Braiding, |
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| | SB1270 | - 51 - | LRB099 07082 HAF 27166 b |
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1 | | and Nail Technology Act of 1985;
|
2 | | (4) the Boiler and Pressure Vessel Repairer Regulation |
3 | | Act;
|
4 | | (5) the Boxing and Full-contact Martial Arts Act;
|
5 | | (6) the Illinois Certified Shorthand Reporters Act of |
6 | | 1984;
|
7 | | (7) the Illinois Farm Labor Contractor Certification |
8 | | Act;
|
9 | | (8) the Illinois Registered Design Practitioner Act |
10 | | the Interior Design Title Act ;
|
11 | | (9) the Illinois Professional Land Surveyor Act of |
12 | | 1989;
|
13 | | (10) the Illinois Landscape Architecture Act of 1989;
|
14 | | (11) the Marriage and Family Therapy Licensing Act;
|
15 | | (12) the Private Employment Agency Act;
|
16 | | (13) the Professional Counselor and Clinical |
17 | | Professional Counselor
Licensing and Practice
Act;
|
18 | | (14) the Real Estate License Act of 2000;
|
19 | | (15) the Illinois Roofing Industry Licensing Act; |
20 | | (16) the Professional Engineering Practice Act of |
21 | | 1989; |
22 | | (17) the Water Well and Pump Installation Contractor's |
23 | | License Act; |
24 | | (18) the Electrologist Licensing Act;
|
25 | | (19) the Auction License Act; |
26 | | (20) the Illinois Architecture Practice Act of 1989; |
|
| | SB1270 | - 52 - | LRB099 07082 HAF 27166 b |
|
|
1 | | (21) the Dietitian Nutritionist Practice Act; |
2 | | (22) the Environmental Health Practitioner Licensing |
3 | | Act; |
4 | | (23) the Funeral Directors and Embalmers Licensing |
5 | | Code; |
6 | | (24) the Land Sales Registration Act of 1999; |
7 | | (25) the Professional Geologist Licensing Act; |
8 | | (26) the Illinois Public Accounting Act; and |
9 | | (27) the Structural Engineering Practice Act of 1989.
|
10 | | (Source: P.A. 97-119, eff. 7-14-11; 97-706, eff. 6-25-12; |
11 | | 97-1108, eff. 1-1-13; 97-1141, eff. 12-28-12; 97-1150, eff. |
12 | | 1-25-13; 98-756, eff. 7-16-14.)
|
13 | | (225 ILCS 310/Act rep.) |
14 | | Section 510. The Interior Design Title Act is repealed.
|
15 | | Section 999. Effective date. This Act takes effect upon |
16 | | becoming law.
|
| | | SB1270 | - 53 - | LRB099 07082 HAF 27166 b |
|
| 1 | |
INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | New Act | | | 4 | | 5 ILCS 80/4.36 new | | | 5 | | 730 ILCS 5/5-5-5 | from Ch. 38, par. 1005-5-5 | | 6 | | 225 ILCS 310/Act rep. | |
|
|