HB2337 Engrossed LRB096 03911 ASK 13946 b

1     AN ACT concerning state government.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Department of Professional Regulation Law of
5 the Civil Administrative Code of Illinois is amended by
6 changing Section 2105-15 as follows:
 
7     (20 ILCS 2105/2105-15)  (was 20 ILCS 2105/60)
8     Sec. 2105-15. General powers and duties.
9     (a) The Department has, subject to the provisions of the
10 Civil Administrative Code of Illinois, the following powers and
11 duties:
12         (1) To authorize examinations in English to ascertain
13     the qualifications and fitness of applicants to exercise
14     the profession, trade, or occupation for which the
15     examination is held.
16         (2) To prescribe rules and regulations for a fair and
17     wholly impartial method of examination of candidates to
18     exercise the respective professions, trades, or
19     occupations.
20         (3) To pass upon the qualifications of applicants for
21     licenses, certificates, and authorities, whether by
22     examination, by reciprocity, or by endorsement.
23         (4) To prescribe rules and regulations defining, for

 

 

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1     the respective professions, trades, and occupations, what
2     shall constitute a school, college, or university, or
3     department of a university, or other institution,
4     reputable and in good standing, and to determine the
5     reputability and good standing of a school, college, or
6     university, or department of a university, or other
7     institution, reputable and in good standing, by reference
8     to a compliance with those rules and regulations; provided,
9     that no school, college, or university, or department of a
10     university, or other institution that refuses admittance
11     to applicants solely on account of race, color, creed, sex,
12     or national origin shall be considered reputable and in
13     good standing.
14         (5) To conduct hearings on proceedings to revoke,
15     suspend, refuse to renew, place on probationary status, or
16     take other disciplinary action as authorized in any
17     licensing Act administered by the Department with regard to
18     licenses, certificates, or authorities of persons
19     exercising the respective professions, trades, or
20     occupations and to revoke, suspend, refuse to renew, place
21     on probationary status, or take other disciplinary action
22     as authorized in any licensing Act administered by the
23     Department with regard to those licenses, certificates, or
24     authorities. The Department shall issue a monthly
25     disciplinary report. The Department shall deny any license
26     or renewal authorized by the Civil Administrative Code of

 

 

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1     Illinois to any person who has defaulted on an educational
2     loan or scholarship provided by or guaranteed by the
3     Illinois Student Assistance Commission or any governmental
4     agency of this State; however, the Department may issue a
5     license or renewal if the aforementioned persons have
6     established a satisfactory repayment record as determined
7     by the Illinois Student Assistance Commission or other
8     appropriate governmental agency of this State.
9     Additionally, beginning June 1, 1996, any license issued by
10     the Department may be suspended or revoked if the
11     Department, after the opportunity for a hearing under the
12     appropriate licensing Act, finds that the licensee has
13     failed to make satisfactory repayment to the Illinois
14     Student Assistance Commission for a delinquent or
15     defaulted loan. For the purposes of this Section,
16     "satisfactory repayment record" shall be defined by rule.
17     The Department shall refuse to issue or renew a license to,
18     or shall suspend or revoke a license of, any person who,
19     after receiving notice, fails to comply with a subpoena or
20     warrant relating to a paternity or child support
21     proceeding. However, the Department may issue a license or
22     renewal upon compliance with the subpoena or warrant.
23         The Department, without further process or hearings,
24     shall revoke, suspend, or deny any license or renewal
25     authorized by the Civil Administrative Code of Illinois to
26     a person who is certified by the Department of Healthcare

 

 

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1     and Family Services (formerly Illinois Department of
2     Public Aid) as being more than 30 days delinquent in
3     complying with a child support order or who is certified by
4     a court as being in violation of the Non-Support Punishment
5     Act for more than 60 days. The Department may, however,
6     issue a license or renewal if the person has established a
7     satisfactory repayment record as determined by the
8     Department of Healthcare and Family Services (formerly
9     Illinois Department of Public Aid) or if the person is
10     determined by the court to be in compliance with the
11     Non-Support Punishment Act. The Department may implement
12     this paragraph as added by Public Act 89-6 through the use
13     of emergency rules in accordance with Section 5-45 of the
14     Illinois Administrative Procedure Act. For purposes of the
15     Illinois Administrative Procedure Act, the adoption of
16     rules to implement this paragraph shall be considered an
17     emergency and necessary for the public interest, safety,
18     and welfare.
19         (6) To transfer jurisdiction of any realty under the
20     control of the Department to any other department of the
21     State Government or to acquire or accept federal lands when
22     the transfer, acquisition, or acceptance is advantageous
23     to the State and is approved in writing by the Governor.
24         (7) To formulate rules and regulations necessary for
25     the enforcement of any Act administered by the Department.
26         (8) To exchange with the Department of Healthcare and

 

 

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1     Family Services information that may be necessary for the
2     enforcement of child support orders entered pursuant to the
3     Illinois Public Aid Code, the Illinois Marriage and
4     Dissolution of Marriage Act, the Non-Support of Spouse and
5     Children Act, the Non-Support Punishment Act, the Revised
6     Uniform Reciprocal Enforcement of Support Act, the Uniform
7     Interstate Family Support Act, or the Illinois Parentage
8     Act of 1984. Notwithstanding any provisions in this Code to
9     the contrary, the Department of Professional Regulation
10     shall not be liable under any federal or State law to any
11     person for any disclosure of information to the Department
12     of Healthcare and Family Services (formerly Illinois
13     Department of Public Aid) under this paragraph (8) or for
14     any other action taken in good faith to comply with the
15     requirements of this paragraph (8).
16         (9) To perform other duties prescribed by law.
17     (a-5) Except in cases involving default on an educational
18 loan or scholarship provided by or guaranteed by the Illinois
19 Student Assistance Commission or any governmental agency of
20 this State or in cases involving delinquency in complying with
21 a child support order or violation of the Non-Support
22 Punishment Act, no person or entity whose license, certificate,
23 or authority has been revoked as authorized in any licensing
24 Act administered by the Department may apply for restoration of
25 that license, certification, or authority until 3 years after
26 the effective date of the revocation.

 

 

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1     (b) The Department may, when a fee is payable to the
2 Department for a wall certificate of registration provided by
3 the Department of Central Management Services, require that
4 portion of the payment for printing and distribution costs be
5 made directly or through the Department to the Department of
6 Central Management Services for deposit into the Paper and
7 Printing Revolving Fund. The remainder shall be deposited into
8 the General Revenue Fund.
9     (c) For the purpose of securing and preparing evidence, and
10 for the purchase of controlled substances, professional
11 services, and equipment necessary for enforcement activities,
12 recoupment of investigative costs, and other activities
13 directed at suppressing the misuse and abuse of controlled
14 substances, including those activities set forth in Sections
15 504 and 508 of the Illinois Controlled Substances Act, the
16 Director and agents appointed and authorized by the Director
17 may expend sums from the Professional Regulation Evidence Fund
18 that the Director deems necessary from the amounts appropriated
19 for that purpose. Those sums may be advanced to the agent when
20 the Director deems that procedure to be in the public interest.
21 Sums for the purchase of controlled substances, professional
22 services, and equipment necessary for enforcement activities
23 and other activities as set forth in this Section shall be
24 advanced to the agent who is to make the purchase from the
25 Professional Regulation Evidence Fund on vouchers signed by the
26 Director. The Director and those agents are authorized to

 

 

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1 maintain one or more commercial checking accounts with any
2 State banking corporation or corporations organized under or
3 subject to the Illinois Banking Act for the deposit and
4 withdrawal of moneys to be used for the purposes set forth in
5 this Section; provided, that no check may be written nor any
6 withdrawal made from any such account except upon the written
7 signatures of 2 persons designated by the Director to write
8 those checks and make those withdrawals. Vouchers for those
9 expenditures must be signed by the Director. All such
10 expenditures shall be audited by the Director, and the audit
11 shall be submitted to the Department of Central Management
12 Services for approval.
13     (d) Whenever the Department is authorized or required by
14 law to consider some aspect of criminal history record
15 information for the purpose of carrying out its statutory
16 powers and responsibilities, then, upon request and payment of
17 fees in conformance with the requirements of Section 2605-400
18 of the Department of State Police Law (20 ILCS 2605/2605-400),
19 the Department of State Police is authorized to furnish,
20 pursuant to positive identification, the information contained
21 in State files that is necessary to fulfill the request.
22     (e) The provisions of this Section do not apply to private
23 business and vocational schools as defined by Section 1 of the
24 Private Business and Vocational Schools Act.
25     (f) Beginning July 1, 1995, this Section does not apply to
26 those professions, trades, and occupations licensed under the

 

 

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1 Real Estate License Act of 2000, nor does it apply to any
2 permits, certificates, or other authorizations to do business
3 provided for in the Land Sales Registration Act of 1989 or the
4 Illinois Real Estate Time-Share Act.
5     (g) Notwithstanding anything that may appear in any
6 individual licensing statute or administrative rule, the
7 Department shall deny any license application or renewal
8 authorized under any licensing Act administered by the
9 Department to any person who has failed to file a return, or to
10 pay the tax, penalty, or interest shown in a filed return, or
11 to pay any final assessment of tax, penalty, or interest, as
12 required by any tax Act administered by the Illinois Department
13 of Revenue, until such time as the requirement of any such tax
14 Act are satisfied; however, the Department may issue a license
15 or renewal if the person has established a satisfactory
16 repayment record as determined by the Illinois Department of
17 Revenue. For the purpose of this Section, "satisfactory
18 repayment record" shall be defined by rule.
19     In addition, a complaint filed with the Department by the
20 Illinois Department of Revenue that includes a certification,
21 signed by its Director or designee, attesting to the amount of
22 the unpaid tax liability or the years for which a return was
23 not filed, or both, is prima facia evidence of the licensee's
24 failure to comply with the tax laws administered by the
25 Illinois Department of Revenue. Upon receipt of that
26 certification, the Department shall, without a hearing,

 

 

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1 immediately suspend all licenses held by the licensee.
2 Enforcement of the Department's order shall be stayed for 60
3 days. The Department shall provide notice of the suspension to
4 the licensee by mailing a copy of the Department's order by
5 certified and regular mail to the licensee's last known address
6 as registered with the Department. The notice shall advise the
7 licensee that the suspension shall be effective 60 days after
8 the issuance of the Department's order unless the Department
9 receives, from the licensee, a request for a hearing before the
10 Department to dispute the matters contained in the order.
11     Any suspension imposed under this subsection (g) shall be
12 terminated by the Department upon notification from the
13 Illinois Department of Revenue that the licensee is in
14 compliance with all tax laws administered by the Illinois
15 Department of Revenue.
16     The Department shall promulgate rules for the
17 administration of this subsection (g).
18     (h) The Department may grant the title "Retired", to be
19 used immediately adjacent to the title of a profession
20 regulated by the Department, to eligible retirees. The use of
21 the title "Retired" shall not constitute representation of
22 current licensure, registration, or certification. Any person
23 without an active license, registration, or certificate in a
24 profession that requires licensure, registration, or
25 certification shall not be permitted to practice that
26 profession.

 

 

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1 (Source: P.A. 94-452, eff. 1-1-06; 94-462, eff. 8-4-05; 95-331,
2 eff. 8-21-07.)
 
3     Section 99. Effective date. This Act takes effect upon
4 becoming law.