Rep. William Davis

Filed: 5/6/2019

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 658

2    AMENDMENT NO. ______. Amend Senate Bill 658 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Regulatory Sunset Act is amended by
5changing Section 4.30 and by adding Section 4.40 as follows:
 
6    (5 ILCS 80/4.30)
7    Sec. 4.30. Acts repealed on January 1, 2020. The following
8Acts are repealed on January 1, 2020:
9    The Auction License Act.
10    The Community Association Manager Licensing and
11Disciplinary Act.
12    The Illinois Architecture Practice Act of 1989.
13    The Illinois Landscape Architecture Act of 1989.
14    The Illinois Professional Land Surveyor Act of 1989.
15    The Orthotics, Prosthetics, and Pedorthics Practice Act.
16    The Perfusionist Practice Act.

 

 

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1    The Pharmacy Practice Act.
2    The Professional Engineering Practice Act of 1989.
3    The Real Estate License Act of 2000.
4    The Structural Engineering Practice Act of 1989.
5(Source: P.A. 100-497, eff. 9-8-17; 100-534, eff. 9-22-17;
6100-863, eff. 8-14-18.)
 
7    (5 ILCS 80/4.40 new)
8    Sec. 4.40. Act repealed on January 1, 2030. The following
9Act is repealed on January 1, 2030:
10    The Illinois Professional Land Surveyor Act of 1989.
 
11    Section 10. The Illinois Professional Land Surveyor Act of
121989 is amended by changing Sections 4, 5, 6, 7, 8, 10, 11, 12,
1313, 14, 15, 16, 17, 18, 18.5, 19, 20, 21, 25, 27, 28, 29, 30,
1431, 33, 36, 38, 40, 41, 44, 45, 46, and 48 and by adding
15Sections 4.5, 15.5, and 19.5 as follows:
 
16    (225 ILCS 330/4)  (from Ch. 111, par. 3254)
17    (Section scheduled to be repealed on January 1, 2020)
18    Sec. 4. Definitions. As used in this Act:
19    (a) "Department" means the Department of Financial and
20Professional Regulation.
21    (b) "Secretary" means the Secretary of the Department of
22Financial and Professional Regulation.
23    (c) "Board" means the Land Surveyors Licensing Board.

 

 

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1    (d) "Direct supervision and control" means the personal
2review by a licensed professional land surveyor Licensed
3Professional Land Surveyor of each survey, including, but not
4limited to, procurement, research, field work, calculations,
5preparation of legal descriptions and plats. The personal
6review shall be of such a nature as to assure the client that
7the professional land surveyor Professional Land Surveyor or
8the firm for which the professional land surveyor Professional
9Land Surveyor is employed is the provider of the surveying
10services.
11    (e) "Responsible charge" means an individual responsible
12for the various components of the land survey operations
13subject to the overall supervision and control of the
14professional land surveyor Professional Land Surveyor.
15    (f) "Design professional" means a land surveyor,
16architect, structural engineer, or professional engineer
17licensed in conformance with this Act, the Illinois
18Architecture Practice Act of 1989, the Structural Engineering
19Practice Act of 1989, or the Professional Engineering Practice
20Act of 1989.
21    (g) "Professional land surveyor Land Surveyor" means any
22person licensed under the laws of the State of Illinois to
23practice land surveying, as defined by this Act or its rules.
24    (h) "Surveyor intern Intern" means any person licensed
25under the laws of the State of Illinois who has qualified for,
26taken, and passed an examination in the fundamental land

 

 

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1surveying subjects as provided by this Act or its rules.
2    (i) "Land surveying experience" means those activities
3enumerated in Section 5 of this Act, which, when exercised in
4combination, to the satisfaction of the Board, is proof of an
5applicant's broad range of training in and exposure to the
6prevailing practice of land surveying.
7    (j) "Address of record" means the designated address
8recorded by the Department in the applicant's or licensee's
9application file or license file maintained by the Department's
10licensure maintenance unit. It is the duty of the applicant or
11licensee to inform the Department of any change of address, and
12such changes must be made either through the Department's
13website or by contacting the Department's licensure
14maintenance unit.
15    (k) "Standard of care" means the use of the same degree of
16knowledge, skill, and ability as an ordinarily careful and
17reasonable professional land surveyor would exercise under
18similar circumstances.
19    (l) "Establishing" means performing an original survey. An
20original survey establishes boundary lines within an original
21division of a tract of land which has theretofore existed as
22one unit or parcel and describing and monumenting a line or
23lines of a parcel or tract of land on the ground for the first
24time. An original surveyor is the creator of one or more new
25boundary lines.
26    (m) "Reestablishing" or "locating" means performing a

 

 

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1retracement survey. A retracement survey tracks the footsteps
2of the original surveyor, locating boundary lines and corners
3which have been established by the original survey. A
4retracement survey cannot establish new corners or lines or
5correct errors of the original survey.
6    (n) "Boundary law principles" means applying the
7decisions, results, and findings of land boundary cases that
8concern the establishment of boundary lines and corners.
9    (o) "Email address of record" means the designated email
10address of record by the Department in the applicant's
11application file or the licensee's license file as maintained
12by the Department's licensure maintenance unit.
13(Source: P.A. 100-171, eff. 1-1-18.)
 
14    (225 ILCS 330/4.5 new)
15    Sec. 4.5. Address of record; email address of record. All
16applicants and licensees shall:
17        (1) provide a valid address and email address to the
18    Department, which shall serve as the address of record and
19    email address of record, respectively, at the time of
20    application for licensure or renewal of a license; and
21        (2) inform the Department of any change of address of
22    record or email address of record within 14 days after such
23    change either through the Department's website or by
24    contacting the Department's licensure maintenance unit.
 

 

 

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1    (225 ILCS 330/5)  (from Ch. 111, par. 3255)
2    (Section scheduled to be repealed on January 1, 2020)
3    Sec. 5. Practice of land surveying defined. Any person who
4practices in Illinois as a professional land surveyor who
5renders, offers to render, or holds himself or herself out as
6able to render, or perform any service, the adequate
7performance of which involves the special knowledge of the art
8and application of the principles of the accurate and precise
9measurement of length, angle, elevation or volume,
10mathematics, the related physical and applied sciences, and the
11relevant requirements of applicable boundary law principles
12and performed with the appropriate standard of care, all of
13which are acquired by education, training, experience, and
14examination. Any one or a combination of the following
15practices constitutes the practice of land surveying:
16        (a) Establishing or reestablishing, locating,
17    defining, and making or monumenting land boundaries or
18    title or real property lines and the platting of lands and
19    subdivisions;
20        (b) Determining the area or volume of any portion of
21    the earth's surface, subsurface, or airspace with respect
22    to boundary lines, determining the configuration or
23    contours of any portion of the earth's surface, subsurface,
24    or airspace or the location of fixed objects thereon,
25    except as performed by photogrammetric methods by persons
26    holding certification from the American Society of

 

 

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1    Photogrammetry and Remote Sensing or substantially similar
2    certification as approved by the Department, or except when
3    the level of accuracy required is less than the level of
4    accuracy required by the National Society of Professional
5    Surveyors Model Standards and Practice;
6        (c) Preparing descriptions for the determination of
7    title or real property rights to any portion or volume of
8    the earth's surface, subsurface, or airspace involving the
9    lengths and direction of boundary lines, areas, parts of
10    platted parcels or the contours of the earth's surface,
11    subsurface, or airspace;
12        (d) Labeling, designating, naming, preparing, or
13    otherwise identifying legal lines or land title lines of
14    the United States Rectangular System or any subdivision
15    thereof on any plat, map, exhibit, photograph,
16    photographic composite, or mosaic or photogrammetric map
17    of any portion of the earth's surface for the purpose of
18    recording and amending the same by the issuance of a
19    certificate of correction in the Office of Recorder in any
20    county;
21        (e) Any act or combination of acts that would be viewed
22    as offering professional land surveying services
23    including:
24             (1) setting monuments which have the appearance of
25        or for the express purpose of marking land boundaries,
26        either directly or as an accessory;

 

 

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1             (2) providing any sketch, map, plat, report,
2        monument record, or other document which indicates
3        land boundaries and monuments, or accessory monuments
4        thereto, except that if the sketch, map, plat, report,
5        monument record, or other document is a copy of an
6        original prepared by a professional land surveyor
7        Professional Land Surveyor, and if proper reference to
8        that fact be made on that document;
9            (3) performing topographic surveys, with the
10        exception of a licensed professional engineer
11        knowledgeable in topographical surveys who that
12        performs a topographical survey specific to his or her
13        design project. A licensed professional engineer may
14        not, however, offer topographic surveying services
15        that are independent of his or her specific design
16        project; or
17            (4) locating, relocating, establishing,
18        reestablishing, retracing, laying out, or staking of
19        the location, alignment, or elevation of any existing
20        or proposed improvements whose location is dependent
21        upon property, easement, and right-of-way boundaries;
22            (5) providing consultation, investigation,
23        planning, mapping, assembling, and authoritative
24        interpretation of gathered measurements, documents,
25        and evidence in relation to the location of property,
26        easement, and right-of-way boundaries; or

 

 

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1            (6) measuring, evaluating, mapping, or reporting
2        the location of existing or proposed buildings,
3        structures, or other improvements or their surrounding
4        topography with respect to current flood insurance
5        rate mapping or federal emergency management agency
6        mapping along with locating of inland wetland
7        boundaries delineated by a qualified specialist in
8        relation to the location of property, easement, and
9        right-of-way boundaries.
10        (f) Determining the horizontal or vertical position or
11    state plane coordinates for any monument or reference point
12    that marks a title or real property line, boundary, or
13    corner, or to set, reset, or replace any monument or
14    reference point on any title or real property;
15        (g) Creating, preparing, or modifying electronic or
16    computerized data or maps, including land information
17    systems and geographic information systems, relative to
18    the performance of activities in items (a), (b), (d), (e),
19    (f), and (h) of this Section, except where electronic means
20    or computerized data is otherwise utilized to integrate,
21    display, represent, or assess the created, prepared, or
22    modified data;
23        (h) Determining or adjusting any control network or any
24    geodetic control network or cadastral data as it pertains
25    to items (a) through (g) of this Section together with the
26    assignment of measured values to any United States

 

 

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1    Rectangular System corners, title or real property corner
2    monuments or geodetic monuments;
3        (i) Preparing and attesting to the accuracy of a map or
4    plat showing the land boundaries or lines and marks and
5    monuments of the boundaries or of a map or plat showing the
6    boundaries of surface, subsurface, or air rights;
7        (j) Executing and issuing certificates, endorsements,
8    reports, or plats that portray the horizontal or vertical
9    relationship between existing physical objects or
10    structures and one or more corners, datums, or boundaries
11    of any portion of the earth's surface, subsurface, or
12    airspace;
13        (k) Acting in direct supervision and control of land
14    surveying activities or acting as a manager in any place of
15    business that solicits, performs, or practices land
16    surveying;
17        (l) Boundary analysis and determination of property,
18    easement, or right-of-way lines on any plat submitted for
19    regulatory review by governmental or municipal agencies;
20        (m) Offering or soliciting to perform any of the
21    services set forth in this Section.
22    In the performance of any of the foregoing functions, a
23licensee shall adhere to the standards of professional conduct
24enumerated in 68 Ill. Adm. Code 1270.57. Nothing contained in
25this Section imposes upon a person licensed under this Act the
26responsibility for the performance of any of the foregoing

 

 

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1functions unless such person specifically contracts to perform
2such functions.
3(Source: P.A. 100-171, eff. 1-1-18.)
 
4    (225 ILCS 330/6)  (from Ch. 111, par. 3256)
5    (Section scheduled to be repealed on January 1, 2020)
6    Sec. 6. Powers and duties of the Department. (a) The
7Department shall exercise the powers and duties prescribed by
8The Illinois Administrative Procedure Act for the
9administration of licensing Acts. The Department shall also
10exercise, subject to the provisions of this Act, the following
11functions, powers, and duties:
12        (1) Authorize Conduct or authorize examinations to
13    ascertain the fitness and qualifications of applicants for
14    licensure and pass upon the qualifications and fitness of
15    applicants for licensure by endorsement issue licenses to
16    those who are found to be fit and qualified.
17        (2) Adopt rules required for the administration of this
18    Act Prescribe rules for a method of examination.
19        (3) Conduct hearings on proceedings to refuse to issue
20    or renew, revoke, or suspend licenses, or place on
21    probation or reprimand persons or entities licensed under
22    this Act or refuse to issue, renew, or restore a license,
23    or other disciplinary actions.
24        (4) Adopt rules for what constitutes land surveying
25    experience Promulgate rules and regulations required for

 

 

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1    the administration of this Act.
2        (5) Adopt rules defining what constitutes an approved
3    surveying or related science curriculum License
4    corporations, partnerships, and all other business
5    entities for the practice of professional surveying and
6    issue a license to those who qualify.
7        (6) Issue licenses to those who meet the requirements
8    of this Act Prescribe, adopt, and amend rules as to what
9    shall constitute a surveying or related science
10    curriculum, determine if a specific surveying curriculum
11    is in compliance with the rules, and terminate the approval
12    of a specific surveying curriculum for non-compliance with
13    such rules.
14        (7) Maintain membership in the National Council of
15    Engineering Examiners or a similar organization and
16    participate in activities of the Council or organization by
17    designating individuals for the various classifications of
18    membership and appoint delegates for attendance at zone and
19    national meetings of the Council or organization.
20        (8) Review application qualifications to sit for the
21    examination or for licensure that the Board designates
22    pursuant to Section 8 Obtain written recommendations from
23    the Board regarding qualification of individuals for
24    licensing, definition of curriculum content and approval
25    of surveying curriculums, standards of professional
26    conduct and disciplinary actions, promulgate and amend the

 

 

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1    rules affecting these matters, and consult with the Board
2    on other matters affecting administration of the Act.
3        (9) Adopt (a-5) The Department may promulgate rules for
4    a Code of Ethics and Standards of Practice to be followed
5    by persons licensed under this Act. The Department shall
6    consider the recommendations of the Board in establishing
7    the Code of Ethics and Standards of Practice.
8        (10) Conduct investigations related to possible
9    violations of this Act.
10        (11) Post on the Department's website a newsletter
11    describing the most recent changes to this Act and the
12    rules adopted under this Act and containing information of
13    any final disciplinary action that has been ordered under
14    this Act since the date of the last newsletter.
15    (b) The Department shall consult with the Board in
16promulgating rules. Notice of proposed rulemaking shall be
17transmitted to the Board and the Department shall review the
18Board's response and recommendations.
19    (c) The Department shall review the Board's recommendation
20of the applicants' qualifications. The Secretary shall notify
21the Board in writing with an explanation of any deviation from
22the Board's recommendation. After review of the Secretary's
23explanation of his or her reasons for deviation, the Board
24shall have the opportunity to comment upon the Secretary's
25decision.
26    Whenever the Secretary is not satisfied that substantial

 

 

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1justice has been done in the revocation or suspension of a
2license or other disciplinary action, the Secretary may order
3re-hearing by the same or other boards.
4(Source: P.A. 96-626, eff. 8-24-09.)
 
5    (225 ILCS 330/7)  (from Ch. 111, par. 3257)
6    (Section scheduled to be repealed on January 1, 2020)
7    Sec. 7. Creation of the Board; Composition and
8qualifications and terms of the Board.
9    (a) The Secretary shall appoint a Professional Land
10Surveyor Board. The Board shall be appointed by the Secretary
11and shall consist of 7 members who shall serve in an advisory
12capacity to the Secretary , one of whom shall be a public
13member and 6 of whom shall be Professional Land Surveyors. All
14The members shall be residents of Illinois. Six members Each
15Professional Land Surveyor member shall (i) (a) currently hold
16a valid professional land surveyor Professional Land Surveyor
17license in Illinois and shall have held the license under this
18Act or its predecessor for the preceding previous 10 years year
19period, and (ii) shall not (b) have not been disciplined within
20the preceding last 10 years year period under this Act or its
21predecessor. In addition to the 6 professional land surveyors,
22there shall be one public member. The public member shall be a
23voting member and shall not be licensed under this Act or any
24other design profession licensing Act that the Department
25administers.

 

 

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1    (b) Board members Members shall be appointed who reasonably
2represent the different geographic areas of Illinois and shall
3serve for 5-year 5 year terms, and until their successors are
4qualified and appointed.
5    (c) In appointing members to the Board, the Secretary shall
6give due consideration to recommendations by members and
7organizations of the professional land surveyor profession.
8    (d) The membership of the Board should reasonably reflect
9representation from the geographic areas in this State.
10    (e) No member shall be reappointed to the Board for a term
11that would cause his or her continuous service on the Board to
12be longer than 2 consecutive 5-year terms.
13    (f) Appointments to fill vacancies shall be made in the
14same manner as original appointments for the unexpired portion
15of the vacated term.
16    (g) Four members shall constitute a quorum. A quorum is
17required for Board decisions.
18    (h) The Secretary may remove any member of the Board for
19misconduct, incompetence, or neglect of duty or for reasons
20prescribed by law for removal of State officials. The Secretary
21may remove a member of the Board who does not attend 2
22consecutive meetings.
23    (i) Notice of proposed rulemaking shall be transmitted to
24the Board and the Department shall review the response of the
25Board and any recommendations made therein.
26    (j) Members of the Board shall not be liable for damages in

 

 

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1any action or proceeding as a result of activities performed as
2members of the Board, except upon proof of actual malice.
3    (k) Members of the Board may be reimbursed for all
4legitimate, necessary, and authorized expenses.
5A member shall not be eligible for appointment to more than 10
6years in a lifetime. Appointments to fill vacancies shall be
7made for the unexpired portion of the term. Board members
8currently appointed under this Act and in office on the
9effective date of this Act shall continue to hold office until
10their terms expire and they are replaced. All appointments
11shall be made on the basis of individual professional
12qualifications with the exception of the public member and
13shall not be based upon race, sex, or religious or political
14affiliations.
15    Each member of the Board may receive compensation when
16attending to the work of the Board or any of its committees and
17for time spent in necessary travel. In addition, members shall
18be reimbursed for actual traveling, incidentals, and expenses
19necessarily incurred in carrying out their duties as members of
20the Board.
21    The Secretary may consider the advice and recommendations
22of the Board on issues involving standards of professional
23conduct, discipline, and qualifications of the candidates and
24licensees under this Act.
25    The Secretary shall give due consideration to a current
26list of candidates, as submitted by members of the land

 

 

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1surveying profession and by affiliated organizations.
2    Members of the Board shall be immune from suit in any
3action based upon any disciplinary proceedings or other
4activities performed in good faith as members of the Board.
5    The Secretary may remove any member of the Board for
6misconduct, incompetence, neglect of duty, or for any reason
7prescribed by law for removal of State Officials or for not
8attending 2 consecutive Board meetings.
9(Source: P.A. 96-626, eff. 8-24-09.)
 
10    (225 ILCS 330/8)  (from Ch. 111, par. 3258)
11    (Section scheduled to be repealed on January 1, 2020)
12    Sec. 8. Powers and duties of the Board; quorum. Subject to
13the provisions of this Act, the Board shall exercise the
14following functions, powers, and duties:
15        (a) The Board shall hold at least 3 regular meetings
16    each year. Review applicant qualifications to sit for the
17    examination or for licensure and shall make
18    recommendations to the Department except for those
19    applicant qualifications that the Board designates as
20    routinely acceptable;
21        (b) The Board shall annually elect a chairperson and a
22    vice chairperson who shall be Illinois licensed
23    professional land surveyors. Conduct hearings regarding
24    disciplinary actions and submit a written report to the
25    Secretary as required by this Act and provide a Board

 

 

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1    member at informal conferences;
2        (c) The Board, upon request by the Department, may make
3    a curriculum evaluation to approve a land surveying degree
4    or a related science degree. Visit universities or colleges
5    to evaluate surveying curricula and submit to the Secretary
6    a written recommendation of acceptability of the
7    curriculum;
8        (d) (Blank). Submit a written recommendation to the
9    Secretary concerning promulgation or amendment of rules
10    for the administration of this Act;
11        (e) The Department may at any time seek the expert
12    advice and knowledge of the Board on any matter relating to
13    the enforcement of this Act. ;
14        (f) The Board may appoint a subcommittee to serve as a
15    Complaint Committee to recommend the disposition of case
16    files according to procedures established by rule. ;
17        (g) The Board shall assist the Department in conducting
18    oral interviews, disciplinary conferences, informal
19    conferences, and formal evidentiary hearings.
20        (h) The Board shall review applicant qualifications to
21    sit for the examination for licensure and shall make
22    recommendations to the Department except for those
23    applicant qualifications that the Board designates as
24    routinely acceptable.
25        (g) Hold at least 3 regular meetings each year; and
26    (h) The Board shall annually elect a Chairperson and a Vice

 

 

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1Chairperson who shall be licensed Illinois Professional Land
2Surveyors.
3    A quorum of the Board shall consist of 4 members. A quorum
4is required for all Board decisions.
5    Subject to the provisions of this Act, the Board may
6exercise the following duties as deemed necessary by the
7Department: (i) review education and experience qualifications
8of applicants, including conducting oral interviews; (ii)
9determine eligibility as a Professional Land Surveyor or
10Surveyor Intern; and (iii) submit to the Secretary
11recommendations on applicant qualifications for enrollment and
12licensure.
13(Source: P.A. 100-171, eff. 1-1-18.)
 
14    (225 ILCS 330/10)  (from Ch. 111, par. 3260)
15    (Section scheduled to be repealed on January 1, 2020)
16    Sec. 10. Application for licensure original license.
17    (a) Applications for original licenses shall be made to the
18Department in writing on forms or electronically as prescribed
19by the Department and shall be accompanied by the required fee,
20which shall not be refundable. All applications shall contain
21information that, in the judgment of the Department, will
22enable the Department to pass on the qualifications of the
23applicant for a license as a professional land surveyor or
24surveyor intern. The Department may require an applicant, at
25the applicant's expense, to have an evaluation of the

 

 

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1applicant's education in a foreign country by a nationally
2recognized evaluation service approved by the Department in
3accordance with rules adopted by the Department.
4    (b) Applicants have 3 years from the date of application to
5complete the application process. If the process has not been
6completed in 3 years, the application shall be denied, the fee
7shall be forfeited, and the applicant must reapply and meet the
8requirements in effect at the time of reapplication.
9Every person who desires to obtain a license shall apply to the
10Department in writing, upon forms prepared and furnished by the
11Department. Each application shall contain statements made
12under oath, showing the applicant's education, a detailed
13summary of his or her land surveying experience, and
14verification of the applicant's land surveying experience by
15the applicant's supervisor who shall be a land surveyor
16licensed in this State or any other state or territory of the
17U.S. where experience is similar and who shall certify the
18applicant's experience, and the application shall be
19accompanied with the required fee. The Department may require
20an applicant, at the applicant's expense, to have an evaluation
21of the applicant's education in a foreign country by an
22evaluating service approved by the Department in accordance
23with rules prescribed by the Department.
24    An applicant who graduated from a land surveying program
25outside the United States or its territories and whose first
26language is not English shall submit certification of passage

 

 

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1of the Test of English as a Foreign Language (TOEFL) and a test
2of spoken English as defined by rule.
3(Source: P.A. 96-626, eff. 8-24-09.)
 
4    (225 ILCS 330/11)  (from Ch. 111, par. 3261)
5    (Section scheduled to be repealed on January 1, 2020)
6    Sec. 11. Examination; failure or refusal to take.
7    (a) The Department shall authorize examinations of
8applicants for a license under this Act at such times and
9places as it may determine by rule. The examinations shall be
10of a character to give a fair test of the qualifications of the
11applicant to practice as a professional land surveyor or
12surveyor intern.
13    (b) Applicants for examination are required to pay, either
14to the Department or the designated testing service, a fee
15covering the cost of providing the examination. Failure to
16appear for the examination on the scheduled date, at the time
17and place specified, after the applicant's application for
18examination has been received and acknowledged by the
19Department or the designated testing service, shall result in
20the forfeiture of the examination fee.
21    (c) If an applicant fails to pass an examination for
22licensure under this Act within 3 years after filing the
23application, the application shall be denied. However, such
24applicant may thereafter make a new application for examination
25accompanied by the required fee and must furnish proof of

 

 

10100SB0658ham001- 22 -LRB101 04419 RPS 60207 a

1meeting the qualifications for examination in effect at the
2time of new application.
3    (d) All applicants for licensing as a professional land
4surveyor shall be required to pass a jurisdictional examination
5to determine the applicant's knowledge of the surveying tasks
6unique to the State of Illinois and the laws relating thereto.
7The Department shall authorize examinations, as recommended
8and approved by the Board, for licensure as Surveyor Interns
9and Professional Land Surveyors at such times and places as it
10may determine.
11    The examination of an applicant for licensure as a Surveyor
12Intern or a Professional Land Surveyor may include examinations
13as defined by rule. The substance and form of the examination
14shall be as recommended and approved by the Board. Each
15applicant shall be examined as to his knowledge of the statutes
16of the United States of America and the State of Illinois
17relating to the practice of land surveying and mathematics as
18applied to land surveying.
19    All applicants for licensing as a Professional Land
20Surveyor shall be required to pass, as a portion of the
21examination, a jurisdictional examination to determine the
22applicant's knowledge of the surveying tasks unique to the
23State of Illinois, and the laws relating thereto.
24    Applicants for any examination shall be required to pay,
25either to the Department or the designated testing service, a
26fee covering the cost of providing the examination. Failure to

 

 

10100SB0658ham001- 23 -LRB101 04419 RPS 60207 a

1appear for the examination on the scheduled date, at the time
2and place specified, after the applicant's application for
3examination has been received and acknowledged by the
4Department or the designated testing service, shall result in
5the forfeiture of the examination fee. If an applicant
6neglects, fails, or refuses to take an examination for
7registration under this Act within 3 years after filing his
8application, the application fee shall be forfeited to the
9Department and the application denied. However, the applicant
10may thereafter make a new application for examination,
11accompanied by the required fee.
12(Source: P.A. 100-171, eff. 1-1-18.)
 
13    (225 ILCS 330/12)  (from Ch. 111, par. 3262)
14    (Section scheduled to be repealed on January 1, 2020)
15    Sec. 12. Qualifications for licensing.
16    (a) A person is qualified to receive a license as a
17professional land surveyor Professional Land Surveyor and the
18Department shall issue a license to a person:
19        (1) who has applied in writing in the required form to
20    the Department or electronically;
21        (2) (blank);
22        (2) (2.5) who has not violated any provision of this
23    Act or its rules;
24        (3) who is of good ethical character, including
25    compliance with the Code of Ethics and Standards of

 

 

10100SB0658ham001- 24 -LRB101 04419 RPS 60207 a

1    Practice adopted promulgated by rule under pursuant to this
2    Act, and has not committed an act or offense in any
3    jurisdiction that would constitute grounds for discipline
4    of a land surveyor licensed under this Act;
5        (4) who has been issued a license as a surveyor intern
6    Surveyor Intern;
7        (5) who, subsequent to passing the examination
8    authorized by the Department for licensure as a surveyor
9    intern Surveyor Intern, has at least 4 years of responsible
10    charge experience verified by a professional land surveyor
11    in direct supervision and control of his or her activities;
12        (6) who has passed an examination authorized by the
13    Department to determine his or her fitness to receive a
14    license as a professional land surveyor Professional Land
15    Surveyor; and
16        (7) who satisfies one of the following educational
17    requirements:
18            (A) is a graduate of an approved land surveying
19        curriculum of at least 4 years who has passed an
20        examination in the fundamentals of surveying, as
21        defined by rule; or
22            (B) is a graduate of a baccalaureate curriculum of
23        at least 4 years, including at least 24 semester hours
24        of land surveying courses from an approved land
25        surveying curriculum and the related science courses,
26        who has passed an examination in the fundamentals of

 

 

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1        surveying, as defined by rule.
2    (b) A person is qualified to receive a license as a
3surveyor intern Surveyor Intern and the Department shall issue
4a license to a person:
5        (1) who has applied in writing in the required form
6    provided by the Department or electronically;
7        (2) (blank);
8        (3) who is of good moral character;
9        (4) who has the required education as set forth in this
10    Act; and
11        (5) who has passed an examination authorized by the
12    Department to determine his or her fitness to receive a
13    license as a surveyor intern Surveyor Intern in accordance
14    with this Act.
15    In determining moral character under this Section, the
16Department may take into consideration whether the applicant
17has engaged in conduct or actions that would constitute grounds
18for discipline under this Act.
19(Source: P.A. 100-171, eff. 1-1-18.)
 
20    (225 ILCS 330/13)  (from Ch. 111, par. 3263)
21    (Section scheduled to be repealed on January 1, 2020)
22    Sec. 13. Minimum standards for enrollment as a surveyor
23intern Surveyor Intern. To enroll as a surveyor intern Surveyor
24Intern, an applicant must be:
25        (1) a graduate of an approved land surveying curriculum

 

 

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1    of at least 4 years who has passed an examination in the
2    fundamentals of surveying, as defined by rule;
3        (2) an applicant in the last year of an approved land
4    surveying or related science curriculum who passes an
5    examination in the fundamentals of surveying, as defined by
6    rule, and furnishes proof that the applicant graduated
7    within a 12-month period following the examination; or
8        (3) a graduate of a baccalaureate curriculum of at
9    least 4 years, including at least 24 semester hours of land
10    surveying courses from an approved land surveying
11    curriculum and the related science courses, as defined by
12    rule, who passes an examination in the fundamentals of
13    surveying, as defined by rule.
14(Source: P.A. 100-171, eff. 1-1-18; 100-863, eff. 8-14-18.)
 
15    (225 ILCS 330/14)  (from Ch. 111, par. 3264)
16    (Section scheduled to be repealed on January 1, 2020)
17    Sec. 14. Display of license License to be displayed. Every
18holder of a license under this Act as a Professional Land
19Surveyor or Surveyor Intern shall display the license it in a
20conspicuous place location in his or her office, place of
21business, or place of employment.
22(Source: P.A. 100-171, eff. 1-1-18.)
 
23    (225 ILCS 330/15)  (from Ch. 111, par. 3265)
24    (Section scheduled to be repealed on January 1, 2020)

 

 

10100SB0658ham001- 27 -LRB101 04419 RPS 60207 a

1    Sec. 15. Seal. Every professional land surveyor
2Professional Land Surveyor shall have a reproducible seal or
3facsimile, which may be computer generated, the impression of
4which shall contain the name of the land surveyor, his or her
5place of business, the license number, of the professional land
6surveyor Professional Land Surveyor, and the words
7"Professional Land Surveyor, State of Illinois". A
8professional land surveyor Professional Land Surveyor shall
9seal all documents prepared by or under the direct supervision
10and control of the professional land surveyor Professional Land
11Surveyor. Any seal authorized or approved by the Department
12under the Illinois Land Surveyors Act shall serve the same
13purpose as the seal provided for by this Act. The licensee's
14written signature and date of signing along with the date of
15license expiration shall be placed adjacent to the seal. The
16licensee may provide, at his or her sole discretion, an
17original signature in the licensee's handwriting, a scanned
18copy of the document bearing an original signature, or a
19signature generated by a computer.
20    It is unlawful to affix one's seal to documents if it masks
21the true identity of the person who actually exercised
22direction, control, and supervision of the preparation of that
23work. A professional land surveyor Professional Land Surveyor
24who seals and signs documents is not responsible for damage
25caused by subsequent changes to or uses of those documents
26where the subsequent changes or uses, including changes or uses

 

 

10100SB0658ham001- 28 -LRB101 04419 RPS 60207 a

1made by State or local governmental agencies, are not
2authorized or approved by the professional land surveyor
3Professional Land Surveyor who originally sealed and signed the
4documents.
5(Source: P.A. 98-289, eff. 1-1-14.)
 
6    (225 ILCS 330/15.5 new)
7    Sec. 15.5. Titles.
8    (a) A professional land surveyor may use the initials
9"P.L.S." and "L.S." and the title of "Professional Land
10Surveyor" or any of its derivations in Illinois.
11    (b) A surveyor intern may use the initials "S.I." and the
12title of "Surveyor Intern" or any of its derivations in
13Illinois.
 
14    (225 ILCS 330/16)  (from Ch. 111, par. 3266)
15    (Section scheduled to be repealed on January 1, 2020)
16    Sec. 16. Unlicensed practice; violation; civil penalty
17Unlawful to practice without license or registration.
18    (a) Any person who practices, offers to practice, attempts
19to practice, or holds himself or herself out to practice as a
20professional land surveyor or surveyor intern without being
21licensed or exempt under this Act shall, in addition to any
22other penalty provided by law, pay a civil penalty to the
23Department in an amount not to exceed $10,000 for each offense,
24as determined by the Department. The civil penalty shall be

 

 

10100SB0658ham001- 29 -LRB101 04419 RPS 60207 a

1assessed by the Department after a hearing is held in
2accordance with this Act regarding the provision of a hearing
3for the discipline of a licensee.
4    (b) A firm or business that offers design services under
5this Act without being licensed as a professional design firm
6or exempt under this Act shall, in addition to any other
7penalty provided by law, pay a civil penalty to the Department
8in an amount not to exceed $10,000 for each offense, as
9determined by the Department. The civil penalty shall be
10assessed by the Department after a hearing is held in
11accordance with this Act regarding the provision of a hearing
12for the discipline of a licensee.
13    (c) The Department may investigate any actual, alleged, or
14suspected unlicensed activity.
15    (d) The civil penalty shall be paid within 60 days after
16the effective date of the order imposing the civil penalty. The
17order shall constitute a final judgment and may be filed and
18executed in the same manner as any judgment from any court of
19record.
20    (e) A person or entity not registered under this Act who
21has violated any provision of this Act or its rules is guilty
22of a Class A misdemeanor for the first offense and a Class 4
23felony for a second and subsequent offense.
24It is unlawful for any person, sole proprietorship,
25professional service corporation, corporation, partnership,
26limited liability company, or other entity to practice land

 

 

10100SB0658ham001- 30 -LRB101 04419 RPS 60207 a

1surveying, or advertise or display any sign, card or other
2device which might indicate to the public that the person or
3entity is entitled to practice as a land surveyor, or use the
4initials "P.L.S.", "L.S.", or "S.I.", use the title
5"Professional Land Surveyor" or "Surveyor Intern" or any of
6their derivations, unless such person holds a valid active
7license as a Professional Land Surveyor or Surveyor Intern in
8the State of Illinois, or such professional service
9corporation, corporation, partnership, sole proprietorship,
10limited liability company, or other entity is in compliance
11with this Act.
12(Source: P.A. 100-171, eff. 1-1-18.)
 
13    (225 ILCS 330/17)  (from Ch. 111, par. 3267)
14    (Section scheduled to be repealed on January 1, 2020)
15    Sec. 17. Surveyor intern Intern; supervision. It is
16unlawful for any surveyor intern Surveyor Intern licensed under
17this Act to practice or attempt to practice land surveying
18except when in responsible charge under the overall supervision
19of a professional land surveyor Professional Land Surveyor.
20(Source: P.A. 100-171, eff. 1-1-18.)
 
21    (225 ILCS 330/18)  (from Ch. 111, par. 3268)
22    (Section scheduled to be repealed on January 1, 2020)
23    Sec. 18. Renewal, reinstatement, or restoration of
24license; persons Persons in military service.

 

 

10100SB0658ham001- 31 -LRB101 04419 RPS 60207 a

1    (a) The expiration date and renewal period for each license
2as a professional land surveyor Professional Land Surveyor
3issued under this Act shall be set by rule. The holder of a
4license may renew such license during the month preceding the
5expiration date by paying the required fee.
6    (b) A professional land surveyor who has permitted his or
7her license to expire or has had his or her license placed on
8inactive status may have his or her license restored by making
9application to the Department and filing proof acceptable to
10the Department of his or her fitness to have his or her license
11restored, including, but not limited to, sworn evidence
12certifying to active practice in another jurisdiction
13satisfactory to the Department and by paying the required fee
14as determined by rule Any Professional Land Surveyor whose
15license has been inactive for less than 5 years is required to
16pay the current renewal fee and shall have his or her license
17restored.
18    (c) A professional land surveyor whose license has expired
19while engaged (1) in federal service on active duty with the
20Armed Forces of the United States or the State Militia called
21into service or training, or (2) in training or education under
22the supervision of the United States before induction into the
23military service, may have the license restored or reinstated
24without paying any lapsed reinstatement, renewal, or
25restoration fees if within 2 years after termination other than
26by dishonorable discharge of such service, training, or

 

 

10100SB0658ham001- 32 -LRB101 04419 RPS 60207 a

1education the Department is furnished with satisfactory
2evidence that the licensee has been so engaged in the practice
3of land surveying and that such service, training, or education
4has so terminated. A Professional Land Surveyor whose license
5has been expired for more than 5 years may have the license
6restored by making application to the Department and filing
7proof acceptable to the Department of fitness to have the
8license restored, including, but not limited to, sworn evidence
9certifying to active practice in another jurisdiction and
10payment of the required renewal, reinstatement or restoration
11fee. However, any Professional Land Surveyor whose license
12expired while engaged (a) in federal service on active duty
13with the armed forces of the United States, or the State
14Militia called into active service or training, or (b) in
15training or education under the supervision of the United
16States preliminary to induction into the military service, may
17have a license renewed without paying any lapsed reinstatement
18or restoration fees upon passing an oral examination by the
19Board, or without taking any examination, if approved by the
20Board, if, within 2 years after the termination other than by
21dishonorable discharge of such service, training, or
22education, the licensee furnishes the Department with an
23affidavit to the effect the licensee was so engaged and that
24the service, training, or education has so terminated.
25    (d) A license for a surveyor intern Surveyor Intern does
26not expire.

 

 

10100SB0658ham001- 33 -LRB101 04419 RPS 60207 a

1    (e) A professional land surveyor who has been actively
2licensed by the Department for 10 or more consecutive years
3with no prior disciplinary action or pending disciplinary
4proceedings shall be deemed compliant with continuing
5education hour requirements upon completion of half the number
6of hours required by rule.
7(Source: P.A. 100-171, eff. 1-1-18.)
 
8    (225 ILCS 330/18.5)
9    (Section scheduled to be repealed on January 1, 2020)
10    Sec. 18.5. Continuing education. The Department may adopt
11promulgate rules of continuing education for persons licensed
12under this Act. The Department shall consider the
13recommendations of the Board in establishing the guidelines for
14the continuing education requirements. The requirements of
15this Section apply to any person seeking renewal or restoration
16under Section 18 or 19 of this Act. For the purposes of this
17Act, continuing education shall also be known as professional
18development.
19(Source: P.A. 91-132, eff. 1-1-00.)
 
20    (225 ILCS 330/19)  (from Ch. 111, par. 3269)
21    (Section scheduled to be repealed on January 1, 2020)
22    Sec. 19. Inactive status; Restoration. Any person who
23notifies the Department, in writing on forms prescribed by the
24Department, may place his or her license on an inactive status

 

 

10100SB0658ham001- 34 -LRB101 04419 RPS 60207 a

1and shall be excused from the payment of renewal fees until he
2or she notifies the Department in writing of the intention to
3resume active status.
4    Any Professional Land Surveyor requesting restoration from
5inactive status is required to pay the current renewal fee and
6shall have his or her license restored. A Professional Land
7Surveyor whose license has been on inactive status for more
8than 5 years may have the license restored by making
9application to the Department and filing proof acceptable to
10the Board of fitness to have the license restored, including,
11but not limited to, sworn evidence certifying to active
12practice in another jurisdiction and payment of the required
13renewal, reinstatement or restoration fee.
14    Any professional land surveyor Professional Land Surveyor
15whose license is in an inactive status shall not practice land
16surveying in the State of Illinois.
17(Source: P.A. 96-626, eff. 8-24-09.)
 
18    (225 ILCS 330/19.5 new)
19    Sec. 19.5. Professional Land Surveyor, Retired.
20    (a) Pursuant to Section 2105-15 of the Department of
21Professional Regulation Law of the Civil Administrative Code of
22Illinois, the Department may grant the title "Professional Land
23Surveyor, Retired" to any person who has been duly licensed as
24a professional land surveyor by the Department and who has
25chosen to place his or her license on inactive status or not

 

 

10100SB0658ham001- 35 -LRB101 04419 RPS 60207 a

1renew his or her license. Those persons granted the title
2"Professional Land Surveyor, Retired" may request restoration
3to active status under the applicable provisions of this Act.
4    (b) The use of the title "Professional Land Surveyor,
5Retired" shall not constitute representation of current
6licensure. Any person without an active license shall not be
7permitted to practice professional land surveying as defined in
8this Act.
9    (c) Nothing in this Section shall be construed to require
10the Department to issue any certificate, credential, or other
11official document indicating that a person has been granted the
12title "Professional Land Surveyor, Retired".
 
13    (225 ILCS 330/20)  (from Ch. 111, par. 3270)
14    (Section scheduled to be repealed on January 1, 2020)
15    Sec. 20. Endorsement. Upon payment of the required fee, an
16applicant who is a Professional Land Surveyor, licensed or
17otherwise legally recognized as a Land Surveyor under the laws
18of another state or territory of the United States may be
19granted a license as an Illinois Professional Land Surveyor by
20the Department with approval of the Board upon the following
21conditions:
22    (a) The Department may, upon application in writing on
23forms or electronically accompanied by the required fee, issue
24a license as a professional land surveyor to an applicant
25licensed under the laws of another state, the District of

 

 

10100SB0658ham001- 36 -LRB101 04419 RPS 60207 a

1Columbia, or a U.S. territory if the requirements for licensure
2in that jurisdiction were, on the date of original licensure,
3substantially equivalent to the requirements then in force in
4this State. That the applicant meets the requirements for
5licensing in this State, and that the requirements for
6licensing or other legal recognition of Land Surveyors in the
7particular state or territory were, at the date of issuance of
8the license or certificate, equivalent to the requirements then
9in effect in the State of Illinois; and
10    (b) All applicants for endorsement shall pass That the
11applicant passes a jurisdictional examination to determine the
12applicant's knowledge of the surveying tasks unique to the
13State of Illinois and the laws pertaining thereto.
14    (c) If the accuracy of any submitted documentation or
15relevance or sufficiency of the course work or experience is
16questioned by the Department or the Board because of a lack of
17information, discrepancies, or conflicts in information given
18or a need for clarification, the applicant seeking licensure
19may be required to provide additional information.
20    (d) Applicants have 3 years from the date of application to
21complete the application process. If the process has not been
22completed in 3 years, the application shall be denied, the fee
23shall be forfeited, and the applicant must reapply and meet the
24requirements in effect at the time of reapplication.
25(Source: P.A. 93-467, eff. 1-1-04.)
 

 

 

10100SB0658ham001- 37 -LRB101 04419 RPS 60207 a

1    (225 ILCS 330/21)  (from Ch. 111, par. 3271)
2    (Section scheduled to be repealed on January 1, 2020)
3    Sec. 21. Fees.
4    (a) The Department shall provide by rule for a schedule of
5fees to be paid for licenses by all applicants. All fees are
6not refundable.
7    (b) The fees for the administration and enforcement of this
8the Act, including, but not limited to, original licensure,
9renewal, and restoration, shall be set by rule by the
10Department.
11    (c) All fees and fines collected as authorized under this
12Act shall be deposited into in the Design Professionals
13Administration and Investigation Fund. Of the moneys deposited
14into the Design Professionals Administration and Investigation
15Fund, the Department may use such funds as necessary to produce
16and distribute newsletters to persons licensed under this Act.
17(Source: P.A. 91-132, eff. 1-1-00.)
 
18    (225 ILCS 330/25)  (from Ch. 111, par. 3275)
19    (Section scheduled to be repealed on January 1, 2020)
20    Sec. 25. Professional design firm registration.
21    (a) Nothing in this Act shall prohibit the formation, under
22the provisions of the Professional Service Corporation Act, of
23a corporation to offer the practice of professional land
24surveying.
25    Any business, including a professional service corporation

 

 

10100SB0658ham001- 38 -LRB101 04419 RPS 60207 a

1Professional Service Corporation, that includes within its
2stated purposes or practices, or holds itself out as available
3to practice, professional land surveying shall be registered
4with the Department pursuant to the provisions set forth in
5this Section.
6    Any sole proprietorship not owned and operated by an
7Illinois licensed design professional licensed under this Act
8shall be prohibited from offering professional land surveyor
9services to the public. Any sole proprietorship owned and
10operated by a professional land surveyor with an active license
11issued under this Act and conducting or transacting such
12business under an assumed name in accordance with the
13provisions of the Assumed Business Name Act shall comply with
14the registration requirements of a professional design firm.
15Any sole proprietorship owned and operated by a professional
16land surveyor Professional Land Surveyor with an active license
17issued under this Act and conducting or transacting such
18business under the real name of the sole proprietor is exempt
19from the registration requirements of a professional design
20firm. "Illinois licensed design professional" means a person
21who holds an active license as a professional engineer under
22the Professional Engineering Practice Act of 1989, as an
23architect under the Illinois Architecture Practice Act of 1989,
24as a structural engineer under the Structural Engineering
25Practice Act of 1989, or as a professional land surveyor
26Professional Land Surveyor under this Act.

 

 

10100SB0658ham001- 39 -LRB101 04419 RPS 60207 a

1    (b) Any professional design firm seeking to be registered
2pursuant to the provisions of this Section shall not be
3registered unless one or more managing agents in charge of land
4surveyor activities in this State are designated by the
5professional design firm. Each managing agent must at all times
6maintain a valid, active license to practice professional land
7surveying in Illinois.
8    No individual whose license to practice professional land
9surveying in this State is currently in a suspended or revoked
10state shall act as a managing agent for a professional design
11firm.
12    (c) Any business seeking to be registered under this
13Section shall make application on a form provided by the
14Department and shall provide such information as requested by
15the Department, which shall include, but not be limited to:
16        (1) the name and license number of the person
17    designated as the managing agent in responsible charge of
18    the practice of professional land surveying in Illinois. In
19    the case of a corporation, the corporation shall also
20    submit a certified copy of the resolution by the board of
21    directors designating the managing agent. In the case of a
22    limited liability company, the company shall submit a
23    certified copy of either its articles of organization or
24    operating agreement designating the managing agent;
25        (2) the names and license numbers of the directors, in
26    the case of a corporation, the members, in the case of a

 

 

10100SB0658ham001- 40 -LRB101 04419 RPS 60207 a

1    limited liability company, or general partners, in the case
2    of a partnership;
3        (3) a list of all office locations at which the
4    professional design firm provides professional land
5    surveying services to the public; and
6        (4) a list of all assumed names of the business.
7    Nothing in this Section shall be construed to exempt a
8    professional design firm, sole proprietorship, or
9    professional service corporation from compliance with the
10    requirements of the Assumed Business Name Act.
11    It is the responsibility of the professional design firm to
12provide the Department notice, in writing, of any changes in
13the information requested on the application.
14    (d) The Department shall issue to each business a
15certificate of registration to practice professional land
16surveying or offer the services of its licensees in this State
17upon submittal of a proper application for registration and
18payment of fees. The expiration date and renewal period for
19each registration and renewal procedures shall be established
20by rule.
21    (e) In the event a managing agent is terminated or
22terminates his or her status as managing agent of the
23professional design firm, the managing agent and the a
24professional design firm shall notify the Department of this
25fact in writing, by regular certified mail or email, within 10
26business days of such termination. Thereafter, the

 

 

10100SB0658ham001- 41 -LRB101 04419 RPS 60207 a

1professional design firm, if it has so informed the Department,
2shall have 30 days in which to notify the Department of the
3name and licensure number of a newly designated managing agent.
4If a corporation, the corporation shall also submit a certified
5copy of a resolution by the board of directors designating the
6new managing agent. If a limited liability company, the company
7shall also submit a certified copy of either its articles of
8organization or operating agreement designating the new
9managing agent. The Department may, upon good cause shown,
10extend the original 30-day 30 day period.
11    If the professional design firm has not notified the
12Department in writing, by regular certified mail or email
13within the specified time, the registration shall be terminated
14without prior hearing. Notification of termination shall be
15sent by regular certified mail or email to the address of
16record of the business. If the professional design firm
17continues to operate and offer professional land surveyor
18services after the termination, the Department may seek
19prosecution under Sections 16 and 27, 43, and 16.5 of this Act
20for the unlicensed practice of professional land surveying.
21    No professional design firm shall be relieved of
22responsibility for the conduct or acts of its agent, employees,
23members, managers, or officers by reason of its compliance with
24this Section, nor shall any individual practicing professional
25land surveying be relieved of the responsibility for
26professional services performed by reason of the individual's

 

 

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1employment or relationship with a professional design firm
2registered under this Section.
3    (g) Disciplinary action against a professional design firm
4registered under this Section shall be administered in the same
5manner and on the same grounds as disciplinary action against a
6licensed professional land surveyor. All disciplinary action
7taken or pending against a corporation or partnership before
8the effective date of this amendatory Act of 1999 shall be
9continued or remain in effect without the Department filing
10separate actions.
11    (h) Any professional services corporation, sole
12proprietorship, or professional design firm offering land
13surveying services must have a resident professional land
14surveyor whose license is not suspended or revoked overseeing
15the land surveying practices in each location in which land
16surveying services are provided.
17(Source: P.A. 96-626, eff. 8-24-09.)
 
18    (225 ILCS 330/27)  (from Ch. 111, par. 3277)
19    (Section scheduled to be repealed on January 1, 2020)
20    Sec. 27. Grounds for disciplinary action.
21    (a) The Department may refuse to issue or renew a license,
22or may revoke, suspend, place on probation, reprimand, or
23administrative supervision, suspend, or revoke any license, or
24may reprimand or take other any disciplinary or
25non-disciplinary action as the Department may deem proper,

 

 

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1including the imposition of fines not to exceed $10,000 per
2violation, with regard to any license issued under this Act,
3upon any person, corporation, partnership, or professional
4land surveying firm licensed or registered under this Act for
5any one or a combination of the following reasons:
6        (1) Material material misstatement in furnishing
7    information to the Department. ;
8        (2) Negligence, incompetence, or misconduct in the
9    practice of land surveying. violation, including, but not
10    limited to, neglect or intentional disregard, of this Act,
11    or its rules;
12        (3) Failure to comply with any provision of this Act or
13    any of its rules. conviction of, or entry of a plea of
14    guilty or nolo contendere to, any crime that is a felony
15    under the laws of the United States or any state or
16    territory thereof or that is a misdemeanor of which an
17    essential element is dishonesty, or any crime that is
18    directly related to the practice of the profession;
19        (4) Fraud or any misrepresentation in applying for or
20    procuring a license under this Act or in connection with
21    applying for renewal or restoration of a license under this
22    Act. making any misrepresentation for the purpose of
23    obtaining a license, or in applying for restoration or
24    renewal, or the practice of any fraud or deceit in taking
25    any examination to qualify for licensure under this Act;
26        (5) Purposefully purposefully making false statements

 

 

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1    or signing false statements, certificates, or affidavits
2    to induce payment. ;
3        (6) Conviction of or entry of a plea of guilty or nolo
4    contendere, finding of guilt, jury verdict, or entry of
5    judgment or sentencing, including, but not limited to,
6    convictions, preceding sentences of supervision,
7    conditional discharge, or first offender probation under
8    the laws of any jurisdiction of the United States that is
9    (i) a felony or (ii) a misdemeanor, an essential element of
10    which is dishonesty, that is directly related to the
11    practice of the profession of land surveying. proof of
12    carelessness, incompetence, negligence, or misconduct in
13    practicing land surveying;
14        (7) Aiding aiding or assisting another person in
15    violating any provision of this Act or its rules. ;
16        (8) Failing failing to provide information in response
17    to a written request made by the Department within 60 30
18    days after receipt of such written request. ;
19        (9) Engaging engaging in dishonorable, unethical, or
20    unprofessional conduct of a character likely to deceive,
21    defraud, or harm the public. ;
22        (10) Habitual or excessive use or abuse of drugs
23    defined in law as controlled substances, of alcohol,
24    narcotics, stimulants, or any other substances that
25    results in the inability to practice with reasonable
26    judgment, skill, or safety. inability to practice with

 

 

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1    reasonable judgment, skill, or safety as a result of
2    habitual or excessive use of, or addiction to, alcohol,
3    narcotics, stimulants or any other chemical agent or drug;
4        (11) A finding by the Department that an applicant or
5    licensee has failed to pay a fine imposed by the
6    Department. discipline by the United States government,
7    another state, District of Columbia, territory, foreign
8    nation or government agency if at least one of the grounds
9    for the discipline is the same or substantially equivalent
10    to those set forth in this Act;
11        (12) A finding by the Department that the licensee,
12    after having his or her license placed on probationary
13    status, has violated the terms of probation or failed to
14    comply with such terms. directly or indirectly giving to or
15    receiving from any person, firm, corporation, partnership,
16    or association any fee, commission, rebate, or other form
17    of compensation for any professional services not actually
18    or personally rendered;
19        (12.5) issuing a map or plat of survey where the fee
20    for professional services is contingent on a real estate
21    transaction closing;
22        (13) Inability to practice the profession with
23    reasonable judgment, skill, or safety as a result of
24    physical illness, including, but not limited to,
25    deterioration through the aging process, loss of motor
26    skill, mental illness, or disability. a finding by the

 

 

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1    Department that an applicant or licensee has failed to pay
2    a fine imposed by the Department or a licensee whose
3    license has been placed on probationary status has violated
4    the terms of probation;
5        (14) Discipline by another state, territory, foreign
6    country, the District of Columbia, the United States
7    government, or any other government agency if at least one
8    of the grounds for discipline is the same or substantially
9    equivalent to those set forth in this Act. practicing on an
10    expired, inactive, suspended, or revoked license;
11        (15) The making of any willfully false oath or
12    affirmation in any matter or proceeding where an oath or
13    affirmation is required by this Act. signing, affixing the
14    Professional Land Surveyor's seal or permitting the
15    Professional Land Surveyor's seal to be affixed to any map
16    or plat of survey not prepared by the Professional Land
17    Surveyor or under the Professional Land Surveyor's direct
18    supervision and control;
19        (16) Using or attempting to use an expired, inactive,
20    suspended, or revoked license or the certificate or seal of
21    another or impersonating another licensee. inability to
22    practice the profession with reasonable judgment, skill,
23    or safety as a result of physical illness, including, but
24    not limited to, deterioration through the aging process or
25    loss of motor skill or a mental illness or disability;
26        (17) Directly or indirectly giving to or receiving from

 

 

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1    any person or entity any fee, commission, rebate, or other
2    form of compensation for any professional service not
3    actually or personally rendered. (blank); or
4        (18) Issuing a map or plat of a survey where the fee
5    for professional services is contingent on a real estate
6    transaction closing failure to adequately supervise or
7    control land surveying operations being performed by
8    subordinates.
9        (19) Signing or affixing the professional land
10    surveyor's seal or permitting the seal to be affixed to any
11    map or plat of a survey not prepared by the professional
12    land surveyor or under the professional land surveyor's
13    direct supervision and control.
14        (20) Failure to adequately supervise or control land
15    surveying operations being performed by subordinates.
16    (a-5) In enforcing this Section, the Department or Board,
17upon a showing of a possible violation, may compel a person
18licensed to practice under this Act, or who has applied for
19licensure or certification pursuant to this Act, to submit to a
20mental or physical examination, or both, as required by and at
21the expense of the Department. The Department or Board may
22order the examining physician to present testimony concerning
23the mental or physical examination of the licensee or
24applicant. No information shall be excluded by reason of any
25common law or statutory privilege relating to communications
26between the licensee or applicant and the examining physician.

 

 

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1The examining physicians shall be specifically designated by
2the Board or Department. The individual to be examined may
3have, at his or her own expense, another physician of his or
4her choice present during all aspects of the examination.
5Failure of an individual to submit to a mental or physical
6examination when directed shall be grounds for the immediate
7suspension of his or her license until the individual submits
8to the examination if the Department finds that the refusal to
9submit to the examination was without reasonable cause as
10defined by rule.
11    If the Secretary immediately suspends the license of a
12licensee for his or her failure to submit to a mental or
13physical examination when directed, a hearing must be convened
14by the Department within 15 days after the suspension and
15completed without appreciable delay.
16    If the Secretary otherwise suspends a person's license
17pursuant to the results of a compelled mental or physical
18examination, a hearing on that person's license must be
19convened by the Department within 15 days after the suspension
20and completed without appreciable delay. The Department and
21Board shall have the authority to review the subject
22individual's record of treatment and counseling regarding
23impairment to the extent permitted by applicable federal
24statutes and regulations safeguarding the confidentiality of
25medical records.
26    Any licensee suspended under this subsection (a-5) shall be

 

 

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1afforded an opportunity to demonstrate to the Department or
2Board that he or she can resume practice in compliance with the
3acceptable and prevailing standards under the provisions of his
4or her license.
5    (b) The determination by a circuit court that a licensee is
6subject to involuntary admission or judicial admission as
7provided in the Mental Health and Developmental Disabilities
8Code, as now or hereafter amended, operates as an automatic
9license suspension. Such suspension will end only upon a
10finding by a court that the patient is no longer subject to
11involuntary admission or judicial admission and the issuance of
12an order so finding and discharging the patient and upon the
13recommendation of the Board to the Secretary Director that the
14licensee be allowed to resume his or her practice.
15    (c) (Blank).
16    (d) If In cases where the Department of Healthcare and
17Family Services (formerly the Department of Public Aid) has
18previously determined that a licensee or a potential licensee
19is more than 30 days delinquent in the payment of child support
20and has subsequently certified the delinquency to the
21Department, the Department shall refuse to issue or renew or
22shall revoke or suspend that person's license or shall take
23other disciplinary action against that person based solely upon
24the certification of delinquency made by the Department of
25Healthcare and Family Services in accordance with subdivision
26(a)(5) of Section 2105-15 of the Department of Professional

 

 

10100SB0658ham001- 50 -LRB101 04419 RPS 60207 a

1Regulation Law of the Civil Administrative Code of Illinois (20
2ILCS 2105/2105-15).
3    (e) The Department shall refuse to issue or renew or shall
4revoke or suspend a person's license or shall take other
5disciplinary action against that person for his or her failure
6to file a return, to pay the tax, penalty, or interest shown in
7a filed return, or to pay any final assessment of tax, penalty,
8or interest as required by any tax Act administered by the
9Department of Revenue, until such time as the requirements of
10the tax Act are satisfied in accordance with subsection (g) of
11Section 2105-15 of the Department of Professional Regulation
12Law of the Civil Administrative Code of Illinois (20 ILCS
132105/2105-15).
14(Source: P.A. 100-872, eff. 8-14-18.)
 
15    (225 ILCS 330/28)  (from Ch. 111, par. 3278)
16    (Section scheduled to be repealed on January 1, 2020)
17    Sec. 28. Injunction; cease Cease and desist order.
18    (a) If any person or entity violates the provisions of this
19Act, the Secretary, in the name of the People people of the
20State of Illinois, through the Attorney General or the State's
21Attorney of the county in which the violation is alleged to
22have occurred may petition for an order enjoining the violation
23or for an order enforcing compliance with this Act. Upon the
24filing of a verified petition, the court with appropriate
25jurisdiction may issue a temporary restraining order, without

 

 

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1notice or bond, and may preliminarily and permanently enjoin
2the violation. If it is established that the person has
3violated or is violating the injunction, the court may punish
4the offender for contempt of court. Proceedings under this
5Section are in addition to and not in lieu of any other
6remedies and penalties provided by this Act.
7    (b) (a-5) Whenever, in the opinion of the Department, a
8person or entity violates any provision of this Act, the
9Department may issue a rule to show cause why an order to cease
10and desist should not be entered against that person or entity.
11The rule shall clearly set forth the grounds relied upon by the
12Department and shall allow at least 7 days from the date of the
13rule to file an answer satisfactory to the Department. Failure
14to answer to the satisfaction of the Department shall cause an
15order to cease and desist to be issued.
16    (b) (Blank).
17(Source: P.A. 96-626, eff. 8-24-09.)
 
18    (225 ILCS 330/29)  (from Ch. 111, par. 3279)
19    (Section scheduled to be repealed on January 1, 2020)
20    Sec. 29. Investigations; notice and hearing.
21    (a) The Department may investigate the actions of any
22applicant or of any person or other entity holding, applying
23for or claiming to hold a license under this Act , or
24practicing or offering to practice land surveying.
25    (b) Before the initiation of a formal complaint an

 

 

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1investigation, the matter shall be reviewed by a subcommittee
2of the Board according to procedures established by rule for
3the Complaint Committee. If a subcommittee has not been formed,
4the matter shall proceed through the process as stated in
5subsection (c).
6    (c) The Department shall, before disciplining an applicant
7or licensee refusing to issue, renew or restore, suspending or
8revoking any license or registration, or imposing any other
9disciplinary action, at least 30 days prior to the date set for
10the hearing, (i) notify the applicant or licensee person
11accused in writing of the any charges made and the time and
12place for the hearing on the charges, (ii) shall direct the
13applicant person or licensee entity to file a written answer to
14the charges Board under oath within 20 days after the service
15of the notice, and (iii) inform the applicant person or
16licensee entity that failure if the person or entity fails to
17file a written an answer to the charges will result in a
18default being entered against the applicant or licensee default
19will be taken and that the license or certificate may be
20suspended, revoked, placed on probationary status, or other
21disciplinary action may be taken, including limiting the scope,
22nature or extent of practice, as the Secretary may deem proper.
23    (d) Written or electronic This written notice, and any
24notice in the subsequent proceeding, may be served by personal
25delivery, by email, or by mail to the applicant or licensee at
26his or her address of record or email address of record. to the

 

 

10100SB0658ham001- 53 -LRB101 04419 RPS 60207 a

1accused person or entity or certified mail to the last address
2specified by the accused person or entity in the last
3notification to the Department.
4    (e) At the time and place fixed in the notice, the Board or
5hearing officer appointed by the Secretary shall proceed to
6hear the charges and the parties and their counsel shall be
7accorded ample opportunity to present any statement,
8testimony, evidence, and argument as may be pertinent to the
9charges or to the applicant's or licensee's defense. The Board
10or hearing officer may continue the hearing from time to time.
11    (f) In case the licensee person or applicant, after
12receiving the notice, entity fails to file an answer after
13receiving notice, the his or her license or certificate may, in
14the discretion of the Secretary Department, having first
15received the recommendation of the Board, be suspended,
16revoked, or placed on probationary status, or be subject to the
17Department may take whatever disciplinary action the Secretary
18considers deemed proper, including limiting the scope, nature,
19or extent of the person's practice or the imposition of a fine,
20without a hearing, if the act or acts charged constitute
21sufficient grounds for such action under this Act. At the time
22and place fixed in the notice, the Board shall hear the charges
23and the accused person or entity shall be accorded ample
24opportunity to present any statements, testimony, evidence and
25argument as may be relevant to the charges or their defense.
26The Board may continue the hearing from time to time.

 

 

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1    The Department may from time to time employ individual land
2surveyors possessing the same minimum qualifications as
3required for Board candidates to assist with its investigative
4duties.
5    (g) Persons who assist the Department as consultants or
6expert witnesses in the investigation or prosecution of alleged
7violations of the Act, licensure matters, restoration
8proceedings, or criminal prosecutions, are not liable for
9damages in any civil action or proceeding as a result of their
10assistance, except upon proof of actual malice. The Attorney
11General shall defend these persons in any such action or
12proceeding.
13(Source: P.A. 96-626, eff. 8-24-09.)
 
14    (225 ILCS 330/30)  (from Ch. 111, par. 3280)
15    (Section scheduled to be repealed on January 1, 2020)
16    Sec. 30. Record of proceedings Stenographer; transcript.
17    (a) The Department, at its expense, shall provide a
18certified shorthand reporter stenographer to take down the
19testimony and preserve a record of all proceedings at the
20hearing of any case where a license may be is revoked,
21suspended, placed on probationary status, reprimanded, fined,
22or subjected to other disciplinary action with reference to the
23license when a disciplinary action is authorized under this Act
24and its rules or other disciplinary action is taken. The notice
25of hearing, complaint, and all other documents in the nature of

 

 

10100SB0658ham001- 55 -LRB101 04419 RPS 60207 a

1pleadings and written motions filed in the proceedings, the
2transcript of testimony, the report of the Board, and the
3orders of the Department shall be the record of the
4proceedings. The record may be made available to any person
5interested in the hearing upon payment of the fee required by
6Section 2105-115 of the Department of Professional Regulation
7Law of the Civil Administrative Code of Illinois.
8    (b) The Department may contract for court reporting
9services, and, if it does so, the Department shall provide the
10name and contact information for the certified shorthand
11reporter who transcribed the testimony at a hearing to any
12person interested, who may obtain a copy of the transcript of
13any proceedings at a hearing upon payment of the fee specified
14by the certified shorthand reporter.
15(Source: P.A. 96-626, eff. 8-24-09.)
 
16    (225 ILCS 330/31)  (from Ch. 111, par. 3281)
17    (Section scheduled to be repealed on January 1, 2020)
18    Sec. 31. Subpoenas, depositions, oaths.
19    (a) The Department has the power to subpoena documents,
20books, records, or other materials and to bring before it any
21person and to take testimony either orally or by deposition, or
22both, with the same fees and mileage and in the same manner as
23is prescribed in civil cases in the courts of this State.
24    (b) The Secretary, the designated hearing officer, and
25every member of the Board has the power to administer oaths to

 

 

10100SB0658ham001- 56 -LRB101 04419 RPS 60207 a

1witnesses at any hearing that the Department is authorized to
2conduct and any other oaths authorized in any Act administered
3by the Department.
4(Source: P.A. 96-626, eff. 8-24-09.)
 
5    (225 ILCS 330/33)  (from Ch. 111, par. 3283)
6    (Section scheduled to be repealed on January 1, 2020)
7    Sec. 33. Hearing; motion for rehearing Notice of hearing;
8Findings and recommendations.
9    (a) The Board or hearing officer appointed by the Secretary
10shall hear evidence in support of the formal charges and
11evidence produced by the licensee. At the conclusion of the
12hearing, the Board or hearing officer shall present to the
13Secretary a written report of its findings of fact, conclusions
14of law, and recommendations. If the Board fails to present its
15report, the applicant or licensee may request in writing a
16direct appeal to the Secretary, in which case the Secretary may
17issue an order based upon the report of the hearing officer and
18the record of the proceedings or issue an order remanding the
19matter back to the hearing officer for additional proceedings
20in accordance with the order.
21    (b) At the conclusion of the hearing, a copy of the Board's
22or hearing officer's report shall be served upon the applicant
23or licensee, either personally or as provided in this Act for
24the service of the notice of hearing. Within 20 calendar days
25after such service, the applicant or licensee may present to

 

 

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1the Department a motion, in writing, for a rehearing that shall
2specify the particular grounds for rehearing. The Department
3may respond to the motion for rehearing within 20 calendar days
4after its service on the Department. If no motion for rehearing
5is filed, then upon the expiration of the time specified for
6filing such a motion, or upon denial of a motion for rehearing,
7the Secretary may enter an order in accordance with the
8recommendations of the Board or hearing officer. If the
9applicant or licensee orders from the reporting service and
10pays for a transcript of the record within the time for filing
11a motion for rehearing, the 20 calendar day period within which
12a motion may be filed shall commence upon delivery of the
13transcript to the applicant or licensee.
14    (c) If the Secretary disagrees in any regard with the
15report of the Board, the Secretary may issue an order contrary
16to the report.
17    (d) Whenever the Secretary is not satisfied that
18substantial justice has been done, the Secretary may order a
19hearing by the same or another hearing officer.
20    (e) At any point in any investigation or disciplinary
21proceeding provided for in this Act, both parties may agree to
22a negotiated consent order. The consent order shall be final
23upon signature of the Secretary.
24At the conclusion of the hearing the Board shall present to the
25Secretary a written report of its findings and recommendations.
26The report shall contain a finding whether or not the accused

 

 

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1person violated this Act or failed to comply with the
2conditions required in this Act. The Board shall specify the
3nature of the violation or failure to comply, and shall make
4its recommendations to the Secretary.
5    The report of findings and recommendations of the Board
6shall be the basis for the Department's order unless the
7Secretary disagrees with the Board, in which case the Secretary
8may issue an order in contravention of the Board report stating
9the reasons for the order. The report, findings, and
10recommendations are not admissible in evidence against the
11person in a criminal prosecution brought for the violation of
12this Act, but the hearing and findings are not a bar to a
13criminal prosecution brought for the violation of this Act.
14(Source: P.A. 96-626, eff. 8-24-09.)
 
15    (225 ILCS 330/36)  (from Ch. 111, par. 3286)
16    (Section scheduled to be repealed on January 1, 2020)
17    Sec. 36. Hearing Appointment of a hearing officer.
18Notwithstanding any provision in the provisions of Section 33
19of this Act, the Secretary has the authority to appoint any
20attorney duly licensed to practice law in the State of Illinois
21to serve as the hearing officer in any action for refusal to
22issue or renew a license or discipline a licensee. The Board
23may have at least one member present at any hearing conducted
24by the hearing officer. The hearing officer has full authority
25to conduct the hearing. The Board has the right to have at

 

 

10100SB0658ham001- 59 -LRB101 04419 RPS 60207 a

1least one member present at any hearing conducted by such
2hearing officer. The hearing officer shall report his or her
3findings of fact, conclusions of law, and recommendations to
4the Board and to the Secretary. The Board shall have 60 days
5from receipt of the report to review the report of the hearing
6officer and present their findings of fact, conclusions of law
7and recommendations to the Secretary. If the Board fails to
8present its report within the 60 day period, the Secretary
9shall issue an order based on the report of the hearing
10officer. If the Secretary disagrees in any regard with the
11report of the Board or hearing officer, he may issue an order
12in contravention thereof. The Secretary shall provide a written
13explanation to the Board on any such deviation.
14(Source: P.A. 96-626, eff. 8-24-09.)
 
15    (225 ILCS 330/38)  (from Ch. 111, par. 3288)
16    (Section scheduled to be repealed on January 1, 2020)
17    Sec. 38. Restoration from disciplinary status of suspended
18or revoked license.
19    (a) At any time after the successful completion of a term
20of probation, suspension, or revocation of any license under
21this Act, the Department may restore the license it to the
22licensee accused person upon the written recommendation of the
23Board, unless after an investigation and a hearing the
24Department Board determines that restoration is not in the
25public interest.

 

 

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1    (b) Where circumstances of suspension or revocation so
2indicate, the Department may require an examination of the
3licensee before restoring his or her license.
4    (c) No person whose license has been revoked as authorized
5in this Act may apply for restoration of that license until
6such time as provided for in the Department of Professional
7Regulation Law of the Civil Administrative Code of Illinois.
8    (d) A license that has been suspended or revoked shall be
9considered nonrenewed for purposes of restoration and a
10licensee restoring his or her license from suspension or
11revocation must comply with the requirements for restoration as
12set forth in Section 18 and any related rules adopted.
13(Source: P.A. 86-987.)
 
14    (225 ILCS 330/40)  (from Ch. 111, par. 3290)
15    (Section scheduled to be repealed on January 1, 2020)
16    Sec. 40. Temporary suspension of a license. The Secretary
17may temporarily suspend the license of a professional land
18surveyor Professional Land Surveyor or surveyor intern
19Surveyor Intern without a hearing, simultaneously with the
20institution of proceedings for a hearing under Section 29 of
21this Act, if the Secretary finds that evidence in his or her
22possession indicates that a professional land surveyor's
23Professional Land Surveyor's or surveyor intern's Surveyor
24Intern's continuation in practice would constitute an imminent
25danger to the public. If In the event that the Secretary

 

 

10100SB0658ham001- 61 -LRB101 04419 RPS 60207 a

1temporarily suspends the license of a professional land
2surveyor Professional Land Surveyor or surveyor intern
3Surveyor Intern without a hearing, a hearing by the Board must
4be commenced within 30 days after such suspension has occurred.
5(Source: P.A. 100-171, eff. 1-1-18.)
 
6    (225 ILCS 330/41)  (from Ch. 111, par. 3291)
7    (Section scheduled to be repealed on January 1, 2020)
8    Sec. 41. Review under Administrative review Review Law.
9    (a) All final administrative decisions of the Department
10under this Act are subject to judicial review pursuant to the
11Administrative Review Law, as now or hereafter amended, and its
12rules. The term "administrative decision" is defined as in
13Section 3-101 of the Code of Civil Procedure.
14    (b) Proceedings for judicial review shall be commenced in
15the circuit court Circuit Court of the county in which the
16party applying for review resides, but ; provided, that if the
17such party is not a resident of this State, the venue shall be
18in Sangamon County.
19    (c) The Department shall not be required to certify any
20record to the court or file any answer in court or to otherwise
21appear in any court in a judicial review proceeding unless and
22until the Department has received from the plaintiff payment of
23the costs of furnishing and certifying the record, which costs
24shall be determined by the Department.
25    (d) Failure on the part of the plaintiff to file a receipt

 

 

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1in court shall be grounds for dismissal of the action.
2    (e) During the pendency and hearing of any and all judicial
3proceedings incident to a disciplinary action the sanctions
4imposed upon the plaintiff by the Department shall remain in
5full force and effect.
6(Source: P.A. 86-987.)
 
7    (225 ILCS 330/44)  (from Ch. 111, par. 3294)
8    (Section scheduled to be repealed on January 1, 2020)
9    Sec. 44. Plats and licenses as prima facie evidence; record
10Record of plats. All plats and licenses issued by a
11professional land surveyor Professional Land Surveyor under
12his or her hand and seal shall be received as prima facie
13evidence in all courts in this State. A professional land
14surveyor Professional Land Surveyor is entitled to have his or
15her plats recorded in the county where the land affected lies;
16provided, however, plats of subdivision or dedication are
17subject to any statutory provisions relating to the approval,
18recording, and filing of plats of subdivision or dedication.
19(Source: P.A. 86-987.)
 
20    (225 ILCS 330/45)  (from Ch. 111, par. 3295)
21    (Section scheduled to be repealed on January 1, 2020)
22    Sec. 45. Entry upon adjoining land; liability Liability for
23damages. A professional land surveyor Professional Land
24Surveyor, or persons under his or her direct supervision,

 

 

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1together with his or her survey party, who, in the course of
2making a survey, finds it necessary to go upon the land of a
3party or parties other than the one for whom the survey is
4being made is not liable for civil or criminal trespass and is
5liable only for any actual damage done to the land or property.
6(Source: P.A. 93-467, eff. 1-1-04.)
 
7    (225 ILCS 330/46)  (from Ch. 111, par. 3296)
8    (Section scheduled to be repealed on January 1, 2020)
9    Sec. 46. Illinois Administrative Procedure Act. The
10Illinois Administrative Procedure Act is expressly adopted and
11incorporated as if all of the provisions of that Act were
12included in this Act, except that the provision of subsection
13(d) of Section 10-65 of the Illinois Administrative Procedure
14Act that provides that at hearings the licensee has the right
15to show compliance with all lawful requirements for retention,
16continuation, or renewal of the license is specifically
17excluded. For the purpose of this Act, the notice required
18under Section 10-25 of the Illinois Administrative Procedure
19Act is deemed sufficient when mailed or emailed to the last
20known address of record a party.
21(Source: P.A. 88-45.)
 
22    (225 ILCS 330/48)  (from Ch. 111, par. 3298)
23    (Section scheduled to be repealed on January 1, 2020)
24    Sec. 48. Fund, appropriations, investments and audits. The

 

 

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1moneys deposited into in the Design Professionals
2Administration and Investigation Fund from fines and fees under
3this Act shall be appropriated to the Department exclusively
4for expenses of the Department and the Board in the
5administration of this Act, the Illinois Architecture Practice
6Act, the Professional Engineering Practice Act of 1989, and the
7Structural Engineering Practice Act of 1989. The expenses of
8the Department under this Act shall be limited to the ordinary
9and contingent expenses of the Design Professionals Dedicated
10Employees within the Department as established under Section
112105-75 of the Department of Professional Regulation Law of the
12Civil Administrative Code of Illinois (20 ILCS 2105/2105-75)
13and other expenses related to the administration and
14enforcement of this Act.
15    Moneys from the Fund may also be used for direct and
16allocable indirect costs related to the public purposes of the
17Department of Financial and Professional Regulation. Moneys in
18the Fund may be transferred to the Professions Indirect Cost
19Fund as authorized by Section 2105-300 of the Department of
20Professional Regulation Law of the Civil Administrative Code of
21Illinois (20 ILCS 2105/2105-300).
22    Moneys in the Design Professionals Administration and
23Investigation Fund may be invested and reinvested with all
24earnings received from the investments to be deposited into in
25the Design Professionals Administration and Investigation Fund
26and used for the same purposes as fees deposited into in that

 

 

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1Fund.
2    All fines and penalties under Sections 16 and 27 shall be
3deposited into the Design Professionals Administration and
4Investigation Fund.
5    Upon the completion of any audit of the Department as
6prescribed by the Illinois State Auditing Act that includes an
7audit of the Design Professionals Administration and
8Investigation Fund, the Department shall make the audit open to
9inspection by any interested person. The copy of the audit
10report required to be submitted to the Department by this
11Section is in addition to copies of audit reports required to
12be submitted to other State officers and agencies by Section
133-14 of the Illinois State Auditing Act.
14(Source: P.A. 100-171, eff. 1-1-18.)
 
15    (225 ILCS 330/9 rep.)
16    (225 ILCS 330/16.5 rep.)
17    (225 ILCS 330/22 rep.)
18    (225 ILCS 330/23 rep.)
19    (225 ILCS 330/34 rep.)
20    (225 ILCS 330/35 rep.)
21    (225 ILCS 330/42 rep.)
22    (225 ILCS 330/43 rep.)
23    Section 15. The Illinois Professional Land Surveyor Act of
241989 is amended by repealing Sections 9, 16.5, 22, 23, 34, 35,
2542, and 43.
 

 

 

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1    Section 99. Effective date. This Act takes effect upon
2becoming law.".