SB2814 EnrolledLRB096 16339 ASK 31602 b

1    AN ACT concerning professional regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the Fire
5Equipment Distributor and Employee Regulation Act of 2011.
 
6    Section 5. Definitions. As used in this Act:
7    (a) "Employee" means a licensee or a person who is
8currently employed by a distributor licensed under this Act
9whose full or part-time duties include servicing, recharging,
10hydro-testing, installing, maintaining, or inspecting all
11types of fire extinguishing devices or systems, other than
12water sprinkler systems.
13    (b) "Board" means the Fire Equipment Distributor and
14Employee Advisory Board.
15    (c) "Person" means a natural person or any company,
16corporation, or other business entity.
17    (d) "Fire equipment distributor" means any person, company
18or corporation that services, recharges, hydro-tests,
19inspects, installs, maintains, alters, repairs, replaces, or
20services fire extinguishing devices or systems, other than
21water sprinkler systems, for customers, clients, or other third
22parties. "Fire equipment distributor" does not include a
23person, company, or corporation employing 2,000 or more

 

 

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1employees within the State of Illinois that engages in these
2activities incidental to its own business.
3    (e) "Public member" means a person who is not a licensee or
4a relative of a licensee, or who is not an employer or employee
5of a licensee. The term "relative" shall be determined by rules
6of the State Fire Marshal.
7    (f) "Residency" means an actual domicile in Illinois for a
8period of not less than one year.
9    (g) "Inspection" means a determination that a fire
10extinguisher is available in its designated place and has not
11been actuated or tampered with. "Inspection" does not include
12the inspection that may be performed by the building owner,
13tenant, or insurance representative.
14    (h) "Maintenance" means a determination that an
15extinguisher will operate effectively and safely. It includes a
16thorough examination and any necessary repair or replacement.
17It also includes checking the date of manufacture or last
18hydrostatic test to see if internal inspection of the cylinder
19or hydrostatic testing is necessary, and checking for cuts,
20bulges, dents, abrasions, corrosion, condition of paint, shell
21hanger attachment, maintenance of nameplate, weight of
22contents, pressure gauge, valve, removal of pull pin, discharge
23nozzle, hose assembly, and operating instructions.
 
24    Section 10. License requirement; injunction. No person
25shall act as a fire equipment distributor or employee, or

 

 

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1advertise or assume to act as such, or use any title implying
2that such person is engaged in such practice or occupation
3unless licensed by the State Fire Marshal.
4    No firm, association, or corporation shall act as an agency
5licensed under this Act, or advertise or assume to act as such,
6or use any title implying that the firm, association, or
7corporation is engaged in such practice, unless licensed by the
8State Fire Marshal.
9    The State Fire Marshal, in the name of the People and
10through the Attorney General, the State's Attorney of any
11county, any resident of the State, or any legal entity within
12the State may apply for injunctive relief in any court to
13enjoin any person who has not been issued a license or whose
14license has been suspended, revoked, or not renewed from
15practicing a licensed activity, and upon the filing of a
16verified petition, the court, if satisfied by affidavit or
17otherwise, that such person is or has been practicing in
18violation of this Act may enter a temporary restraining order
19or preliminary injunction, without bond, enjoining the
20defendant from such further activity. A copy of the verified
21complaint shall be served upon the defendant and the
22proceedings shall thereafter be conducted as in other civil
23cases. If it is established that the defendant has been or is
24practicing in violation of this Act, the court may enter a
25judgment perpetually enjoining the defendant from such further
26activity. In case of violation of any injunctive order or

 

 

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1judgment entered under the provisions of this Section, the
2court may summarily try and punish the offender for contempt of
3court. Such injunctive proceeding shall be in addition to all
4penalties and other remedies in this Act.
5    The State Fire Marshal may refuse to issue a license to, or
6may suspend the license of, any person who fails to file a
7return, to pay the tax, penalty, or interest shown in a filed
8return, or to pay any final assessment of tax, penalty, or
9interest, as required by any tax Act administered by the
10Illinois Department of Revenue, until such time as the
11requirements of any such tax Act are satisfied.
 
12    Section 15. Exemptions.
13    (a) This Act shall not apply to an officer or employee of
14this State or the fire department or fire protection district
15of any political subdivision of this State while such officer
16or employee is engaged in the performance of his or her
17official duties within the course and scope of his or her
18employment with this State, or any political subdivision.
19However, any such person who offers his or her services as a
20private fire equipment distributor or employee, or any title
21where similar services are performed for compensation, fee, or
22other valuable consideration, whether received directly or
23indirectly, shall be subject to this Act and its licensing
24requirements.
25    (b) Any person who engages in hydrostatic testing of fire

 

 

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1equipment but does not service, recharge, install, maintain, or
2inspect such equipment shall not be required to be licensed
3under this Act.
 
4    Section 20. Deposit of fees. All fees collected under this
5Act shall be deposited into the Fire Prevention Fund.
 
6    Section 25. Fire Equipment Distributor and Employee
7Advisory Board. There is created the Fire Equipment Distributor
8and Employee Advisory Board consisting of 9 members to be
9appointed by the State Fire Marshal as soon as practicable
10after the effective date of this Act. Two of the members shall
11possess at least a Class A Fire Distributor License, 2 shall
12possess at least a Class B Fire Distributor License, 2 shall
13possess at least a Class C Fire Distributor License, 2 shall be
14representatives of the active fire prevention services who are
15not licensed under this Act, and one shall be a public member
16who is not licensed under this Act or a similar Act of another
17jurisdiction and who has no connection with any business
18licensed under this Act. The State Fire Marshal shall be an ex
19officio member of the Board. Each member shall be a resident of
20Illinois. Each appointment to the Board shall have a minimum of
215 years' experience as a licensee in the field in which the
22person is licensed, be an officer in a licensed fire equipment
23distributor company, and be actively engaged in the fire
24equipment business. In making Board appointments, the State

 

 

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1Fire Marshal shall give consideration to the recommendations by
2members of the profession and by organizations therein. The
3membership shall reasonably reflect representation from
4geographic areas in this State.
5    Each Board member shall serve for a term of 4 years and
6until his or her successor is appointed and qualified. However,
7in making initial appointments, one member shall be appointed
8to serve for one year, 2 shall be appointed to serve for 2
9years, 2 shall be appointed to serve for 3 years, and the
10remaining members, one of whom shall be the public member,
11shall be appointed to serve for 4 years. Appointments to fill
12vacancies shall be made in the same manner as original
13appointments for the unexpired portion of the vacated term.
14Initial terms shall begin upon the effective date of this Act.
15    A member of the Board may be removed from office for just
16cause. A member subject to formal disciplinary proceedings
17shall disqualify himself or herself from Board business until
18the charge is resolved. A member also shall disqualify himself
19or herself from any matter on which the member may not
20objectively make a decision.
21    Board members shall receive no compensation, but shall be
22reimbursed for expenses incurred in connection with their
23duties as board members.
24    Five members shall constitute a quorum. A majority vote of
25the Board is required for a Board decision.
26    The Board shall elect from its membership a chairman and

 

 

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1other officers as it may deem necessary.
2    Board members shall not be liable for any of their acts,
3omissions, decisions, or any other conduct in connection with
4their duties on the Board, except those involving willful,
5wanton, or intentional misconduct.
6    The Board may have such powers as may be granted by the
7State Fire Marshal to carry out the provisions of this Act.
 
8    Section 30. Rules; report.
9    (a) The State Fire Marshal shall adopt rules consistent
10with the provisions of this Act for the administration and
11enforcement thereof, and may prescribe forms that shall be
12issued in connection therewith. The rules shall include
13standards and criteria for registration, professional conduct,
14and discipline. The State Fire Marshal shall consult with the
15Board in adopting all rules under this Act.
16    (b) The Board shall propose to the State Fire Marshal
17additions or modifications to administrative rules whenever a
18majority of the members believes the rules are deficient for
19the proper administration of this Act.
20    (c) The State Fire Marshal may solicit the advice and
21expert knowledge of the Board on any matter relating to the
22administration and enforcement of this Act.
23    (d) In the adopting of rules relating to fire equipment
24distributors and employees, the State Fire Marshal shall be
25guided by the national fire safety standards and codes and fire

 

 

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1equipment and facility standards and code, including, but not
2limited to, those adopted by the National Fire Protection
3Association and the National Association of Fire Equipment
4Distributors.
5    (e) In the adopting of rules relating to the maintenance
6and operation of hydrostatic testing equipment and tools for
7all fire equipment distributors and employees, the State Fire
8Marshal shall be guided by the requirements of the United
9States Department of Transportation as set forth in Section
10173.34(e)(1) of Title 49 of Code of Federal Regulations.
11    (f) The State Fire Marshal shall by rule establish
12procedures for an applicant for any class fire equipment
13employee license to work for a licensed fire equipment
14distributor for training.
15    (g) The rules adopted by the Office of the State Fire
16Marshal under the Fire Equipment Distributor and Employee
17Regulation Act of 2000 shall remain in effect until such time
18as the Office of the State Fire Marshal adopts rules under this
19Act.
20    (h) The State Fire Marshal shall issue to the Board prior
21to each Board meeting, but not less than quarterly, a report of
22the status of all convictions related to the profession
23received by the State Fire Marshal.
 
24    Section 35. Personnel. The State Fire Marshal may employ,
25in conformity with the Personnel Code, such professional,

 

 

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1technical, investigative, or clerical help, on either a full or
2part-time basis, as may be necessary for the enforcement of
3this Act. Each investigator shall have a minimum of 2 years'
4investigative experience out of the preceding 5 years.
5    An investigator may not hold an active license issued under
6this Act or have any fiduciary interest in any business
7licensed under this Act. This prohibition does not, however,
8prohibit an investigator from holding stock in a
9publicly-traded business licensed or regulated under this Act,
10provided that the investigator does not hold more than 5% of
11the stock in the business.
 
12    Section 40. Qualifications for licensure; fees.
13    (a) No person shall engage in practice as a fire equipment
14distributor or fire equipment employee without first applying
15for and obtaining a license for that purpose from the Office of
16the State Fire Marshal.
17    (b) To qualify for a Class A Fire Equipment Distributor
18License to service, recharge, hydro-test, install, maintain,
19or inspect all types of fire extinguishers, an applicant must
20provide all of the following:
21        (1) An annual license fee of $100.
22        (2) Evidence of registration as an Illinois
23    corporation or evidence of compliance with the Assumed
24    Business Name Act.
25        (3) Evidence of financial responsibility in a minimum

 

 

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1    amount of $300,000 through liability insurance,
2    self-insurance, group insurance, group self-insurance, or
3    risk retention groups.
4    (c) To qualify for a Class B Fire Equipment Distributor
5License to service, recharge, hydro-test, install, maintain,
6or inspect all types of pre-engineered fire extinguishing
7systems, an applicant must provide all of the following:
8        (1) An annual license fee of $200.
9        (2) Evidence of registration as an Illinois
10    corporation or evidence of compliance with the Assumed
11    Business Name Act.
12        (3) Evidence of financial responsibility in a minimum
13    amount of $300,000 through liability insurance,
14    self-insurance, group insurance, group self-insurance, or
15    risk retention groups.
16        (4) Evidence of owning, leasing, renting, or having
17    access to proper testing equipment that is in compliance
18    with the national standards adopted by the State Fire
19    Marshal for the maintenance and operation of testing tools
20    for use with all Class B fire equipment.
21    (d) To qualify for a Class C Fire Equipment Distributor
22License to service, repair, hydro-test, inspect, and engineer
23all types of engineered fire suppression systems, an applicant
24must provide all of the following:
25        (1) An annual license fee of $300.
26        (2) Evidence of registration as an Illinois

 

 

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1    corporation or evidence of compliance with the Assumed
2    Business Name Act.
3        (3) Evidence of financial responsibility in a minimum
4    amount of $300,000 through liability insurance,
5    self-insurance, group insurance, group self-insurance, or
6    risk retention groups.
7        (4) Evidence of owning, leasing, renting, or having
8    access to proper testing equipment that is in compliance
9    with the national standards adopted by the State Fire
10    Marshal for the maintenance and operation of testing tools
11    for use with all Class C fire equipment.
12    (e) To qualify for a Class 1 Fire Equipment Employee
13License to service, recharge, hydro-test, install, maintain,
14or inspect all types of fire extinguishers, an applicant must
15complete all of the following:
16        (1) Pass the examination.
17        (2) Pay an annual license fee of $20.
18        (3) Provide a current photograph at least 1" x 1" in
19    size.
20    (f) To qualify for a Class 2 Fire Equipment Employee
21License to service, recharge, hydro-test, install, maintain,
22or inspect all types of pre-engineered fire extinguishing
23systems, an applicant must complete all of the following:
24        (1) Pass the examination.
25        (2) Pay an annual license fee of $20.
26        (3) Provide a current photograph at least 1" x 1" in

 

 

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1    size.
2    (g) To qualify for a Class 3 Fire Equipment Employee
3License to service, recharge, hydro-test, maintain, inspect,
4or engineer all types of engineered fire extinguishing systems,
5an applicant must complete all of the following:
6        (1) Pass the examination.
7        (2) Pay an annual license fee of $20.
8        (3) Provide a current photograph at least 1" x 1" in
9    size.
 
10    Section 45. Applications. Each application for a license to
11practice under this Act shall be in writing and signed by the
12applicant on forms provided by the State Fire Marshal.
 
13    Section 50. Examinations.
14    (a) Applicants for licensure shall be examined as provided
15in this Section if they are qualified to be examined under this
16Act. All applicants who are admitted to the examination shall
17be evaluated upon the same standards as others being examined
18for the respective license.
19    (b) Examination for licensure shall be at such times and
20places as the State Fire Marshal may determine, but shall be
21given at least quarterly.
22    (c) Examinations shall test the minimum amount of knowledge
23and skill needed to perform the duties set forth in the
24definition of the license and be in the interest of protection

 

 

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1of the public. The State Fire Marshal may contract with a
2testing service for the preparation and conduct of such
3examination.
4    (d) If an applicant neglects, fails, or refuses to take an
5examination under this Act within one year after filing his or
6her application, the fee paid by the applicant shall be
7forfeited. However, the applicant may thereafter make a new
8application for examination, accompanied by the required fee.
 
9    Section 55. Licensure without examination. The State Fire
10Marshal shall adopt rules for licensure without examination and
11may license under this Act without examination, on payment of
12the required fee, an applicant who is registered under the laws
13of another state or territory or of another country, if the
14requirements for registration in the jurisdiction in which the
15applicant was licensed were, at the date of his registration,
16substantially equal to the requirements then in force in this
17State and that State, territory, or country has similar rules
18for licensure.
 
19    Section 60. Issuance of license; renewal.
20    (a) The State Fire Marshal shall, upon the applicant's
21satisfactory completion of the requirements authorized under
22this Act and upon receipt of the requisite fees, issue the
23appropriate license and wallet card showing the name and
24business location of the licensee, the dates of issuance and

 

 

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1expiration, and shall contain a photograph of the licensee
2provided to the State Fire Marshal.
3    (b) Any license valid on December 31, 2010 under the Fire
4Equipment Distributor and Employee Regulation Act of 2000 shall
5be a valid license under this Act and expires when the valid
6license issued under the Fire Equipment Distributor and
7Employee Regulation Act of 2000 was scheduled to expire.
8    (c) Each licensee may apply for renewal of his license upon
9payment of fees, as set forth in this Act. The expiration date
10and renewal period for each license issued under this Act shall
11be set by rule. Failure to renew within 60 days of the
12expiration date shall lapse the license. A lapsed license may
13not be reinstated until a written application is filed, the
14renewal fee is paid, and a $50 reinstatement fee is paid.
15Renewal and reinstatement fees shall be waived for persons who
16did not renew while on active duty in the military and who file
17for renewal or restoration within one year after discharge from
18such service. A lapsed license may not be reinstated after 5
19years have elapsed, except upon passing an examination to
20determine fitness to have the license restored and by paying
21the required fees.
22    (d) As a condition of renewal of a license, the State Fire
23Marshal may require the licensee to report information
24pertaining to his practice which the State Fire Marshal
25determines to be in the interest of public safety.
26    (e) All fees paid under this Act are non-refundable.
 

 

 

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1    Section 65. Returned checks. Any person who on 2 occasions
2issues or delivers a check or other order to the State Fire
3Marshal that is not honored by the financial institution upon
4which it is drawn because of insufficient funds on account
5shall pay to the State Fire Marshal, in addition to the amount
6owing upon the check or other order, a fee of $50. The State
7Fire Marshal shall notify the licensee whose license has
8lapsed, within 30 days after the discovery by the State Fire
9Marshal that the licensee is practicing without a current
10license, that the individual, person, or distributor is acting
11as a fire equipment distributor or employee, as the case may
12be, without a license, and the amount due to the State Fire
13Marshal, which shall include the lapsed renewal fee and all
14other fees required by this Section. If after the expiration of
1530 days from the date of such notification, the licensee whose
16license has lapsed seeks a current license, he shall thereafter
17apply to the State Fire Marshal for reinstatement of the
18license and pay all fees due to the State Fire Marshal. The
19State Fire Marshal may establish a fee for the processing of an
20application for reinstatement of a license that allows the
21State Fire Marshal to pay all costs and expenses incident to
22the processing of this application. The State Fire Marshal may
23waive the fees due under this Section in individual cases where
24he finds that the fees would be unreasonable or unnecessarily
25burdensome.
 

 

 

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1    Section 70. Change of address; display of license;
2duplicate license or certificate.
3    (a) A licensee shall report a change in home or office
4address within 10 days of when it occurs.
5    (b) Each licensee shall prominently display his or her
6license to practice at each place from which the practice is
7being performed. If more than one location is used, branch
8office certificates shall be issued upon payment of the fees to
9be established by the State Fire Marshal. Each fire equipment
10employee shall carry on his or her person a wallet card issued
11by the State Fire Marshal.
12    (c) If a license or certificate is lost, a duplicate shall
13be issued upon payment of the required fee to be established by
14the State Fire Marshal. If a licensee wishes to change his or
15her name, the State Fire Marshal shall issue a license in the
16new name upon satisfactory proof that such change was done in
17accordance with law and upon payment of the required fee.
18    (d) Each licensee shall permit his or her facilities to be
19inspected by representatives of the State Fire Marshal.
 
20    Section 75. Grounds for disciplinary sanctions. Licensees
21subject to this Act shall conduct their practice in accordance
22with this Act and with any rules adopted under this Act.
23Licensees shall be subject to the exercise of the disciplinary
24sanctions enumerated in Section 90 if the State Fire Marshal

 

 

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1finds that a licensee is guilty of any of the following:
2    (1) fraud or material deception in obtaining or renewing of
3a license;
4    (2) professional incompetence as manifested by poor
5standards of service;
6    (3) engaging in dishonorable, unethical, or unprofessional
7conduct of a character likely to deceive, defraud, or harm the
8public in the course of professional services or activities;
9    (4) conviction of any crime by a licensee that has a
10substantial relationship to his or her practice or an essential
11element of which is misstatement, fraud, or dishonesty, or
12conviction in this or another state of any crime that is a
13felony under the laws of Illinois or conviction of a felony in
14a federal court, unless the person demonstrates that he or she
15has been sufficiently rehabilitated to warrant the public
16trust;
17    (5) performing any services in a grossly negligent manner
18or permitting any of his or her licensed employees to perform
19services in a grossly negligent manner, regardless of whether
20actual damage or damages to the public is established;
21    (6) habitual drunkenness or habitual addiction to the use
22of morphine, cocaine, controlled substances, or other
23habit-forming drugs;
24    (7) directly or indirectly willfully receiving
25compensation for any professional services not actually
26rendered;

 

 

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1    (8) having disciplinary action taken against his or her
2license in another state;
3    (9) making differential treatment against any person to his
4or her detriment because of race, color, creed, sex, religion,
5or national origin;
6    (10) engaging in unprofessional conduct;
7    (11) engaging in false or misleading advertising;
8    (12) contracting or assisting unlicensed persons to
9perform services for which a license is required under this
10Act;
11    (13) permitting the use of his or her license to enable any
12unlicensed person or agency to operate as a licensee;
13    (14) performing and charging for services without having
14authorization to do so from the member of the public being
15served;
16    (15) failure to comply with any provision of this Act or
17the rules adopted under this Act;
18    (16) conducting business regulated by this Act without a
19currently valid license.
 
20    Section 80. Complaints. All complaints concerning
21violations regarding licensees or unlicensed activity shall be
22received and logged by the State Fire Marshal and reported to
23the Board.
 
24    Section 85. Formal charges.

 

 

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1    (a) Following the investigative process, the State Fire
2Marshal may file formal charges against the licensee. The
3formal charges shall, at a minimum, inform the licensee of the
4facts that make up the basis of the charge and that are
5specific enough to enable the licensee to defend himself.
6    (b) Each licensee whose conduct is the subject of a formal
7charge that seeks to impose disciplinary action against the
8licensee shall be served notice of said formal charge at least
930 days before the date of the hearing, which shall be presided
10over by a hearing officer authorized by the State Fire Marshal.
11Service shall be considered to have been given if the notice
12was personally received by the licensee or if the notice was
13sent by certified mail, return receipt requested to the
14licensee at the licensee's last known address, as listed with
15the State Fire Marshal.
16    (c) The notice of formal charges shall consist at a minimum
17of the following information:
18        (1) the time, place, and date of the hearing;
19        (2) that the licensee shall appear personally at the
20    hearing and may be represented by counsel;
21        (3) that the licensee shall have the right to produce
22    witnesses and evidence in his behalf and shall have the
23    right to cross-examine witnesses and refute evidence
24    produced against him or her;
25        (4) that the hearing could result in disciplinary
26    action being taken against his or her license;

 

 

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1        (5) that rules for the conduct of these hearings exist
2    and it may be in the licensee's best interest to obtain a
3    copy;
4        (6) that a hearing officer authorized by the State Fire
5    Marshal shall preside at the hearing and following the
6    conclusion of said hearing shall make findings of fact,
7    conclusions of law, and recommendations, separately
8    stated, to the State Fire Marshal as to what disciplinary
9    action, if any, should be imposed on the licensee; and
10        (7) that the State Fire Marshal may continue such
11    hearing.
12    (d) The hearing officer authorized by the State Fire
13Marshal shall hear evidence produced in support of the formal
14charges and contrary evidence produced by the licensee, if any.
15At the conclusion of the hearing, the hearing officer shall
16make findings of fact, conclusions of law, and recommendations,
17separately stated, and submit them to the State Fire Marshal
18and to all parties to the proceeding. Submission to the
19licensee shall be considered as having been made if done in a
20similar fashion as service of the notice of formal charges.
21Within 20 days after such service, any party to the proceeding
22may present to the State Fire Marshal a motion, in writing, for
23a rehearing which written motion shall specify the particular
24grounds therefor.
25    (e) The State Fire Marshal, following the time allowed for
26filing a motion for rehearing, shall review the hearing

 

 

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1officer's findings of fact, conclusions of law, and
2recommendations, and any motions filed subsequent thereto.
3After review of such information the State Fire Marshal may
4hear oral arguments and thereafter shall issue an order. The
5report of findings of fact, conclusions of law, and
6recommendations of the hearing officer shall be the basis for
7the State Fire Marshal's order. If the State Fire Marshal finds
8that substantial justice was not done, he or she may issue an
9order in contravention of the findings of fact, conclusions of
10law, and recommendations of the hearing officer. The State Fire
11Marshal shall provide the Board with written explanation of any
12such deviation, and shall specify with particularity the
13reasons for said action. The finding is not admissible in
14evidence against the person in criminal prosecution brought for
15the violation of this Act.
16    (f) All proceedings under this Section are matters of
17public record and shall be preserved.
 
18    Section 90. Disciplinary sanctions; hearings.
19    (a) The State Fire Marshal shall impose any of the
20following sanctions, singly or in combination, when he or she
21finds that a licensee is guilty of any offense described in
22Section 75:
23        (1) revocation;
24        (2) suspension for any period of time;
25        (3) reprimand or censure;

 

 

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1        (4) placement on probationary status and the
2    requirement of the submission of any of the following:
3            (i) report regularly to the Board or State Fire
4        Marshal upon matters that are the basis of the
5        probation;
6            (ii) continuation or renewal of professional
7        education until a satisfactory degree of skill has been
8        attained in those areas that are the basis of the
9        probation; or
10            (iii) such other reasonable requirements or
11        restrictions as are proper;
12        (5) refusal to issue, renew, or restore;
13        (6) revocation of probation that has been granted and
14    imposition of any other discipline in this subsection (a)
15    when the requirements of probation have not been fulfilled
16    or have been violated.
17    (b) The State Fire Marshal may summarily suspend a license
18under this Act, without a hearing, simultaneously with the
19filing of a formal complaint and notice for a hearing provided
20under this Section if the State Fire Marshal finds that the
21continued operations of the individual would constitute an
22immediate danger to the public. In the event the State Fire
23Marshal suspends a license under this subsection, a hearing by
24the hearing officer designated by the State Fire Marshal shall
25begin within 20 days after such suspension begins, unless
26continued at the request of the licensee.

 

 

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1    (c) Disposition may be made of any formal complaint by
2consent order between the State Fire Marshal and the licensee,
3but the Board must be apprised of the full consent order in a
4timely way.
5    (d) The State Fire Marshal shall reinstate any license to
6good standing under this Act, upon recommendation to the State
7Fire Marshal, after a hearing before the hearing officer
8authorized by the State Fire Marshal. The State Fire Marshal
9shall be satisfied that the applicant's renewed practice is not
10contrary to the public interest.
11    (e) The State Fire Marshal may order a licensee to submit
12to a reasonable physical examination if his or her physical
13capacity to practice safely is at issue in a disciplinary
14proceeding. Failure to comply with a State Fire Marshal order
15to submit to a physical examination shall render a licensee
16liable to the summary suspension procedures described in this
17Section.
18    (f) The State Fire Marshal may conduct hearings and issue
19cease and desist orders to persons who engage in activities
20prohibited by this Act without having a valid license,
21certificate, or registration. Any person in violation of a
22cease and desist order entered by the State Fire Marshal shall
23be subject to all of the remedies provided by law, and in
24addition, shall be subject to a civil penalty payable to the
25party injured by the violation.
26    (g) The State Fire Marshal shall seek to achieve

 

 

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1consistency in the application of the foregoing sanctions and
2consent orders and significant departure from prior decisions
3involving similar conduct shall be explained in the State Fire
4Marshal's orders.
 
5    Section 95. Witnesses; record of proceedings.
6    (a) The State Fire Marshal has the power to subpoena and
7bring before it any person in this State and to take testimony
8either orally or by deposition, or both, with the same fees and
9mileage and in the same manner as is prescribed by law for
10judicial proceedings in civil cases. The State Fire Marshal and
11the hearing officer approved by the State Fire Marshal have the
12power to administer oaths at any hearing that the State Fire
13Marshal is authorized to conduct.
14    (b) Any circuit court, upon the application of the licensee
15or the State Fire Marshal, may order the attendance of
16witnesses and the production of relevant books and papers in
17any hearing under this Act. The court may compel obedience to
18its order by proceedings for contempt.
19    (c) The State Fire Marshal, at its expense, shall provide a
20stenographer or a mechanical recording device to record the
21testimony and preserve a record of all proceedings at the
22hearing of any case wherein a license may be revoked,
23suspended, or placed on probationary status or other
24disciplinary action taken with regard to the license. The
25notice of hearing, complaint, and all other documents in the

 

 

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1nature of pleadings and written motions filed in the
2proceedings, the transcript of testimony, the report of the
3hearing officer, and the orders of the State Fire Marshal
4constitute the record of such proceedings. The State Fire
5Marshal shall furnish a transcript of the record to any
6interested person upon payment of the costs of copying and
7transmitting the record.
 
8    Section 100. Judicial review. All final administrative
9decisions of the State Fire Marshal are subject to judicial
10review under the provisions of the Administrative Review Law
11and the rules adopted under this Act. Such proceedings for
12judicial review shall be commenced in the circuit court of the
13county in which the party applying for review resides. If the
14party applying for review is not a resident of Illinois, the
15venue shall be in Sangamon County. The State Fire Marshal shall
16not be required to certify any record to the court or file any
17answer in court or otherwise appear in any court in a judicial
18review proceeding, unless there is filed in the court with the
19complaint a receipt from the State Fire Marshal acknowledging
20payment of the costs of furnishing and certifying the record
21which costs shall be computed at the cost of preparing such
22record. Exhibits shall be certified without cost. Failure on
23the part of the licensee to file the receipt in court shall be
24grounds for dismissal of the action. During all judicial
25proceedings incident to the disciplinary action, the sanctions

 

 

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1imposed upon the accused by the State Fire Marshal shall remain
2in effect, unless the court feels justice requires a stay of
3the Order.
 
4    Section 105. Order; prima facie proof. An order of
5revocation, suspension, placing the license on probationary
6status or other formal disciplinary action as the State Fire
7Marshal may deem proper, or a certified copy thereof, over the
8seal of the State Fire Marshal and purporting to be signed by
9the State Fire Marshal, is prima facie proof that:
10    (1) the signature is that of the State Fire Marshal;
11    (2) the State Fire Marshal is qualified to act; and
12    (3) the hearing officer is qualified to act on behalf of
13the State Fire Marshal.
14Such proof may be rebutted.
 
15    Section 110. Surrender of license. Upon the suspension or
16revocation of a license issued under this Act, a licensee shall
17surrender the license to the State Fire Marshal and, upon
18failure to do so, the State Fire Marshal shall seize the same.
 
19    Section 115. Publication of records. The State Fire Marshal
20shall, upon request, publish a list of the names and addresses
21of all licensees under the provisions of this Act. The State
22Fire Marshal shall publish a list of all persons whose licenses
23have been disciplined within one year, and a quarterly list of

 

 

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1each individual who was denied employment status because of a
2criminal history, together with such other information as it
3may deem of interest to the public.
 
4    Section 120. Criminal penalties.
5    (a) Any person who violates any of the following provisions
6shall be guilty of a Class A misdemeanor for the first offense:
7        (1) the practice of or attempted practice as a fire
8    equipment distributor or employee without a license;
9        (2) the obtaining of or the attempting to obtain a
10    license, practice, or business or any other thing of value
11    by fraudulent representation;
12        (3) permitting, directing, or authorizing any person
13    in one's employ or under one's direction or supervision to
14    work or serve as a licensee if that individual does not
15    possess an appropriate valid license.
16    (b) Whenever any person is punished as a repeat offender
17under this Section, the State Fire Marshal may proceed to
18obtain a permanent injunction against the person under Section
1910.
20    (c) If any person in making an oath or affidavit required
21by this Act swears falsely, that person is guilty of perjury
22and upon conviction thereof, may be punished accordingly.
23    (d) A person who violates any Section of this Act other
24than this Section shall be guilty of a Class A misdemeanor for
25the first offense.

 

 

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1    A second or subsequent offense in violation of any Section
2of this Act, including this Section, is a Class 4 felony.
 
3    Section 900. The Regulatory Sunset Act is amended by
4changing Section 4.23 as follows:
 
5    (5 ILCS 80/4.23)
6    Sec. 4.23. Acts and Sections repealed on January 1, 2013.
7The following Acts and Sections of Acts are repealed on January
81, 2013:
9    The Dietetic and Nutrition Services Practice Act.
10    The Elevator Safety and Regulation Act.
11    The Fire Equipment Distributor and Employee Regulation Act
12of 2011.
13    The Funeral Directors and Embalmers Licensing Code.
14    The Naprapathic Practice Act.
15    The Professional Counselor and Clinical Professional
16Counselor Licensing Act.
17    The Wholesale Drug Distribution Licensing Act.
18    Section 2.5 of the Illinois Plumbing License Law.
19(Source: P.A. 95-331, eff. 8-21-07.)
 
20    Section 999. Effective date. This Act takes effect upon
21becoming law.