Illinois General Assembly - Full Text of HB3545
Illinois General Assembly

Previous General Assemblies

Full Text of HB3545  99th General Assembly

HB3545 99TH GENERAL ASSEMBLY

  
  

 


 
99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB3545

 

Introduced , by Rep. Mark Batinick

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Regulatory Sunset Act. Extends the repeal of the Barber, Cosmetology, Esthetics, Hair Braiding, and Nail Technology Act of 1985 from January 1, 2016 to January 1, 2026. Amends the Barber, Cosmetology, Esthetics, Hair Braiding, and Nail Technology Act of 1985. Makes changes in provisions regarding definitions; administrative procedure; licensure requirements; display of licensure; qualifications for licensure as a barber teacher; examination of barber license applicants; licensure as a cosmetologist; renewal of a cosmetology licensing; licensure of estheticians and renewal; investigations by the Department of Financial and Professional Regulation; ownership of schools; school rules and refunds; license renewal for nail technicians; suspension of licensure; practice without a license; investigations and hearings; attendance of witnesses; rehearings; hearing officers; certified copies of orders; and restoration of licenses. Adds provisions concerning licensure by endorsement; inactive statuses; licensed cosmetologists seeking licenses as barbers; licensed barbers, estheticians, and nail technicians seeking licenses as cosmetologists; sales of schools licensed under the Act; citations; and disposition by consent orders. Makes other changes. Effective immediately.


LRB099 07048 AMC 31506 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB3545LRB099 07048 AMC 31506 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Regulatory Sunset Act is amended by changing
5Sections 4.26 and 4.36 as follows:
 
6    (5 ILCS 80/4.26)
7    Sec. 4.26. Acts repealed on January 1, 2016. The following
8Acts are repealed on January 1, 2016:
9    The Illinois Athletic Trainers Practice Act.
10    The Illinois Roofing Industry Licensing Act.
11    The Illinois Dental Practice Act.
12    The Collection Agency Act.
13    The Barber, Cosmetology, Esthetics, Hair Braiding, and
14Nail Technology Act of 1985.
15    The Respiratory Care Practice Act.
16    The Hearing Instrument Consumer Protection Act.
17    The Illinois Physical Therapy Act.
18    The Professional Geologist Licensing Act.
19(Source: P.A. 95-331, eff. 8-21-07; 95-876, eff. 8-21-08;
2096-1246, eff. 1-1-11.)
 
21    (5 ILCS 80/4.36 new)
22    Sec. 4.36. Act repealed on January 1, 2026. The following

 

 

HB3545- 2 -LRB099 07048 AMC 31506 b

1Act is repealed on January 1, 2026:
2    The Barber, Cosmetology, Esthetics, Hair Braiding, and
3Nail Technology Act of 1985.
 
4    Section 10. The Barber, Cosmetology, Esthetics, Hair
5Braiding, and Nail Technology Act of 1985 is amended by
6changing Sections 1-4, 1-6, 1-7, 1-10, 1-11, 2-2, 2-3, 2-4,
72-7, 2-9, 3-2, 3-3, 3-4, 3-7, 3A-6, 3B-2, 3B-10, 3B-11, 3B-12,
83B-13, 3C-8, 3D-5, 3E-5, 4-2, 4-5, 4-7, 4-9, 4-10, 4-13, 4-14,
94-15, 4-16, and 4-17 and by adding Sections 1-6.5, 1-12, 2-10,
102-11, 3-9, 3-10, 3A-8, 3B-17, 3B-18, 3C-10, 3E-7, 4-18.5, and
114-25 as follows:
 
12    (225 ILCS 410/1-4)
13    (Section scheduled to be repealed on January 1, 2016)
14    Sec. 1-4. Definitions. In this Act the following words
15shall have the following meanings:
16    "Address of record" means the designated address recorded
17by the Department in the applicant's application file or the
18licensee's license file, as maintained by the Department's
19licensure maintenance unit.
20    "Board" means the Barber, Cosmetology, Esthetics, Hair
21Braiding, and Nail Technology Board.
22    "Department" means the Department of Financial and
23Professional Regulation.
24    "Licensed barber" means an individual licensed by the

 

 

HB3545- 3 -LRB099 07048 AMC 31506 b

1Department to practice barbering as defined in this Act and
2whose license is in good standing.
3    "Licensed cosmetologist" means an individual licensed by
4the Department to practice cosmetology, nail technology, hair
5braiding, and esthetics as defined in this Act and whose
6license is in good standing.
7    "Licensed esthetician" means an individual licensed by the
8Department to practice esthetics as defined in this Act and
9whose license is in good standing.
10    "Licensed nail technician" means an any individual
11licensed by the Department to practice nail technology as
12defined in this Act and whose license is in good standing.
13    "Licensed barber teacher" means an individual licensed by
14the Department to practice barbering as defined in this Act and
15to provide instruction in the theory and practice of barbering
16to students in an approved barber school.
17    "Licensed cosmetology teacher" means an individual
18licensed by the Department to practice cosmetology, esthetics,
19hair braiding, and nail technology as defined in this Act and
20to provide instruction in the theory and practice of
21cosmetology, esthetics, hair braiding, and nail technology to
22students in an approved cosmetology, esthetics, hair braiding,
23or nail technology school.
24    "Licensed cosmetology clinic teacher" means an individual
25licensed by the Department to practice cosmetology, esthetics,
26hair braiding, and nail technology as defined in this Act and

 

 

HB3545- 4 -LRB099 07048 AMC 31506 b

1to provide clinical instruction in the practice of cosmetology,
2esthetics, hair braiding, and nail technology in an approved
3school of cosmetology, esthetics, hair braiding, or nail
4technology.
5    "Licensed esthetics teacher" means an individual licensed
6by the Department to practice esthetics as defined in this Act
7and to provide instruction in the theory and practice of
8esthetics to students in an approved cosmetology or esthetics
9school.
10    "Licensed hair braider" means an any individual licensed by
11the Department to practice hair braiding as defined in this Act
12Section 3E-1 and whose license is in good standing.
13    "Licensed hair braiding teacher" means an individual
14licensed by the Department to practice hair braiding and to
15provide instruction in the theory and practice of hair braiding
16to students in an approved cosmetology or hair braiding school.
17    "Licensed nail technology teacher" means an individual
18licensed by the Department to practice nail technology and to
19provide instruction in the theory and practice of nail
20technology to students in an approved nail technology school or
21cosmetology school.
22    "Enrollment" is the date upon which the student signs an
23enrollment agreement or student contract.
24    "Enrollment agreement" or "student contract" is any
25agreement, instrument, or contract however named, which
26creates or evidences an obligation binding a student to

 

 

HB3545- 5 -LRB099 07048 AMC 31506 b

1purchase a course of instruction from a school.
2    "Enrollment time" means the maximum number of hours a
3student could have attended class, whether or not the student
4did in fact attend all those hours.
5    "Elapsed enrollment time" means the enrollment time
6elapsed between the actual starting date and the date of the
7student's last day of physical attendance in the school.
8    "Mobile shop or salon" means a self-contained facility that
9may be moved, towed, or transported from one location to
10another and in which barbering, cosmetology, esthetics, hair
11braiding, or nail technology is practiced.
12    "Secretary" means the Secretary of the Department of
13Financial and Professional Regulation.
14    "Threading" means any technique that results in the removal
15of superfluous hair from the body by twisting thread around
16unwanted hair and then pulling it from the skin; and may also
17include the incidental trimming of eyebrow hair.
18(Source: P.A. 97-333, eff. 8-12-11; 97-777, eff. 7-13-12;
1998-238, eff. 1-1-14; 98-911, eff. 1-1-15.)
 
20    (225 ILCS 410/1-6)  (from Ch. 111, par. 1701-6)
21    (Section scheduled to be repealed on January 1, 2016)
22    Sec. 1-6. Administrative Procedure Act. The Illinois
23Administrative Procedure Act is hereby expressly adopted and
24incorporated herein as if all of the provisions of that Act
25were included in this Act, except that the provision of

 

 

HB3545- 6 -LRB099 07048 AMC 31506 b

1subsection (d) of Section 10-65 of the Illinois Administrative
2Procedure Act that provides that at hearings the licensee has
3the right to show compliance with all lawful requirements for
4retention, continuation or renewal of the license is
5specifically excluded. For the purpose of this Act the notice
6required under Section 10-25 of the Administrative Procedure
7Act is deemed sufficient when mailed to the address of record,
8or, if not an applicant or licensee, to the last known address
9of a party.
10(Source: P.A. 88-45.)
 
11    (225 ILCS 410/1-6.5 new)
12    Sec. 1-6.5. Address of record. It is the duty of the
13applicant or licensee to inform the Department of any change of
14address within 14 days after such change either through the
15Department's website or by contacting the Department's
16licensure maintenance unit.
 
17    (225 ILCS 410/1-7)  (from Ch. 111, par. 1701-7)
18    (Section scheduled to be repealed on January 1, 2016)
19    Sec. 1-7. Licensure required; renewal; restoration.
20    (a) It is unlawful for any person to practice, or to hold
21himself or herself out to be a cosmetologist, esthetician, nail
22technician, hair braider, or barber without a license as a
23cosmetologist, esthetician, nail technician, hair braider or
24barber issued by the Department of Financial and Professional

 

 

HB3545- 7 -LRB099 07048 AMC 31506 b

1Regulation pursuant to the provisions of this Act and of the
2Civil Administrative Code of Illinois. It is also unlawful for
3any person, firm, partnership, limited liability company, or
4corporation to own, operate, or conduct a cosmetology,
5esthetics, nail technology, hair braiding salon, or barber
6school without a license issued by the Department or to own or
7operate a cosmetology, esthetics, nail technology, or hair
8braiding salon, or barber shop, or other business subject to
9the registration requirements of this Act without a certificate
10of registration issued by the Department. It is further
11unlawful for any person to teach in any cosmetology, esthetics,
12nail technology, hair braiding, or barber college or school
13approved by the Department or hold himself or herself out as a
14cosmetology, esthetics, hair braiding, nail technology, or
15barber teacher without a license as a teacher, issued by the
16Department or as a cosmetology clinic teacher without a license
17as a cosmetology clinic teacher issued by the Department.
18    (b) Notwithstanding any other provision of this Act, a
19person licensed as a cosmetologist may hold himself or herself
20out as an esthetician and may engage in the practice of
21esthetics, as defined in this Act, without being licensed as an
22esthetician. A person licensed as a cosmetology teacher may
23teach esthetics or hold himself or herself out as an esthetics
24teacher without being licensed as an esthetics teacher. A
25person licensed as a cosmetologist may hold himself or herself
26out as a nail technician and may engage in the practice of nail

 

 

HB3545- 8 -LRB099 07048 AMC 31506 b

1technology, as defined in this Act, without being licensed as a
2nail technician. A person licensed as a cosmetology teacher may
3teach nail technology and hold himself or herself out as a nail
4technology teacher without being licensed as a nail technology
5teacher. A person licensed as a cosmetologist may hold himself
6or herself out as a hair braider and may engage in the practice
7of hair braiding, as defined in this Act, without being
8licensed as a hair braider. A person licensed as a cosmetology
9teacher may teach hair braiding and hold himself or herself out
10as a hair braiding teacher without being licensed as a hair
11braiding teacher.
12    (c) A person licensed as a barber teacher may hold himself
13or herself out as a barber and may practice barbering without a
14license as a barber. A person licensed as a cosmetology teacher
15may hold himself or herself out as a cosmetologist,
16esthetician, hair braider, and nail technologist and may
17practice cosmetology, esthetics, hair braiding, and nail
18technology without a license as a cosmetologist, esthetician,
19hair braider, or nail technologist. A person licensed as an
20esthetics teacher may hold himself or herself out as an
21esthetician without being licensed as an esthetician and may
22practice esthetics. A person licensed as a nail technician
23teacher may practice nail technology and may hold himself or
24herself out as a nail technologist without being licensed as a
25nail technologist. A person licensed as a hair braiding teacher
26may practice hair braiding and may hold himself or herself out

 

 

HB3545- 9 -LRB099 07048 AMC 31506 b

1as a hair braider without being licensed as a hair braider.
2    (d) The holder of a license issued under this Act may renew
3that license during the month preceding the expiration date of
4the license by paying the required fee.
5    (e) The expiration date, renewal period, and conditions for
6renewal and restoration of each license shall be established by
7rule.
8    (f) A license issued under the provisions of this Act as a
9barber, barber teacher, cosmetologist, cosmetology teacher,
10cosmetology clinic teacher, esthetician, esthetics teacher,
11nail technician, nail technician teacher, hair braider, or hair
12braiding teacher that has expired while the holder of the
13license was engaged (1) in federal service on active duty with
14the Army, Navy, Marine Corps, Air Force, or Coast Guard of the
15United States of America, or any Women's Auxiliary thereof, or
16the State Militia called into the service or training of the
17United States of America or (2) in training or education under
18the supervision of the United States preliminary to induction
19into the military service, may be reinstated or restored
20without payment of any lapsed renewal fees, reinstatement fee,
21or restoration fee if within 2 years after the termination of
22such service, training, or education other than by dishonorable
23discharge, the holder furnishes the Department with an
24affidavit to the effect that he or she has been so engaged and
25that his or her service, training, or education has been so
26terminated.

 

 

HB3545- 10 -LRB099 07048 AMC 31506 b

1(Source: P.A. 98-911, eff. 1-1-15.)
 
2    (225 ILCS 410/1-10)  (from Ch. 111, par. 1701-10)
3    (Section scheduled to be repealed on January 1, 2016)
4    Sec. 1-10. Display. Every holder of a license shall display
5it in a place in the holder's principal office, place of
6business or place of employment. Whenever a licensed
7cosmetologist, esthetician, nail technician, hair braider, or
8barber practices cosmetology, esthetics, nail technology, hair
9braiding, or barbering outside of or away from the
10cosmetologist's, esthetician's, nail technician's, hair
11braider's, or barber's principal office, place of business, or
12place of employment, the cosmetologist, esthetician, nail
13technician, hair braider, or barber shall provide any person so
14requesting proof that he or she has a valid license issued
15deliver to each person served a certificate of identification
16in a form specified by the Department.
17    Every registered shop shall display its certificate of
18registration at the location of the shop. Each shop where
19barber, cosmetology, esthetics, hair braiding, or nail
20technology services are provided shall have a certificate of
21registration.
22(Source: P.A. 96-1246, eff. 1-1-11.)
 
23    (225 ILCS 410/1-11)  (from Ch. 111, par. 1701-11)
24    (Section scheduled to be repealed on January 1, 2016)

 

 

HB3545- 11 -LRB099 07048 AMC 31506 b

1    Sec. 1-11. Exceptions to Act.
2    (a) Nothing in this Act shall be construed to apply to the
3educational activities conducted in connection with any
4monthly, annual or other special educational program of any
5bona fide association of licensed cosmetologists,
6estheticians, nail technicians, hair braiders, or barbers, or
7licensed cosmetology, esthetics, nail technology, hair
8braiding, or barber schools from which the general public is
9excluded.
10    (b) Nothing in this Act shall be construed to apply to the
11activities and services of registered nurses or licensed
12practical nurses, as defined in the Nurse Practice Act, or to
13personal care or health care services provided by individuals
14in the performance of their duties as employed or authorized by
15facilities or programs licensed or certified by State agencies.
16As used in this subsection (b), "personal care" means
17assistance with meals, dressing, movement, bathing, or other
18personal needs or maintenance or general supervision and
19oversight of the physical and mental well-being of an
20individual who is incapable of maintaining a private,
21independent residence or who is incapable of managing his or
22her person whether or not a guardian has been appointed for
23that individual. The definition of "personal care" as used in
24this subsection (b) shall not otherwise be construed to negate
25the requirements of this Act or its rules.
26    (c) Nothing in this Act shall be deemed to require

 

 

HB3545- 12 -LRB099 07048 AMC 31506 b

1licensure of individuals employed by the motion picture, film,
2television, stage play or related industry for the purpose of
3providing cosmetology or esthetics services to actors of that
4industry while engaged in the practice of cosmetology or
5esthetics as a part of that person's employment.
6    (d) Nothing in this Act shall be deemed to require
7licensure of an inmate of the Department of Corrections who
8performs barbering or cosmetology with the approval of the
9Department of Corrections during the person's incarceration.
10(Source: P.A. 95-639, eff. 10-5-07; 96-1246, eff. 1-1-11.)
 
11    (225 ILCS 410/1-12 new)
12    Sec. 1-12. Licensure by endorsement. The Department may,
13without examination, grant a license under this Act to an
14applicant who is licensed or registered for or authorized to
15practice the same profession under the laws of another state or
16jurisdiction of the United States or of a foreign country upon
17filing of an application on forms provided by the Department,
18paying the required fee, and meeting such requirements as are
19established by rule. The Department may prescribe rules
20governing recognition of education and legal practice in
21another jurisdiction, requiring additional education, and
22determining when an examination may be required.
 
23    (225 ILCS 410/2-2)  (from Ch. 111, par. 1702-2)
24    (Section scheduled to be repealed on January 1, 2016)

 

 

HB3545- 13 -LRB099 07048 AMC 31506 b

1    Sec. 2-2. Licensure as a barber; qualifications. A person
2is qualified to receive a license as a barber if that person
3has applied in writing on forms prescribed by the Department,
4has paid the required fees, and:
5        a. Is at least 16 years of age; and
6        b. Has a certificate of graduation from a school
7    providing secondary education, or the recognized
8    equivalent of such a certificate, or persons who are beyond
9    the age of compulsory school attendance; and
10        c. Has graduated from a school of barbering or school
11    of cosmetology approved by the Department, having
12    completed a total of 1500 hours in the study of barbering
13    extending over a period of not less than 9 months nor more
14    than 3 years. A school of barbering may, at its discretion,
15    consistent with the rules of the Department, accept up to
16    1,000 500 hours of cosmetology school training at a
17    recognized cosmetology school toward the 1500 hour course
18    requirement of barbering. Time spent in such study under
19    the laws of another state or territory of the United States
20    or of a foreign country or province shall be credited
21    toward the period of study required by the provisions of
22    this paragraph; and
23        d. Has passed an examination caused to be conducted by
24    the Department or its designated testing service to
25    determine fitness to receive a license as a barber; and
26        e. Has met all other requirements of this Act.

 

 

HB3545- 14 -LRB099 07048 AMC 31506 b

1(Source: P.A. 97-777, eff. 7-13-12.)
 
2    (225 ILCS 410/2-3)  (from Ch. 111, par. 1702-3)
3    (Section scheduled to be repealed on January 1, 2016)
4    Sec. 2-3. Licensure as a barber by a cosmetology school
5graduate. A person is qualified to receive a license as a
6barber if that person has applied in writing on forms provided
7by the Department, paid the required fees, and:
8    a. Is at least 16 years of age; and
9    b. Has a certificate of graduation from a school providing
10secondary education, or the recognized equivalent of such a
11certificate, or persons who are beyond the age of compulsory
12school attendance; and
13    c. Has graduated from a cosmetology school approved by the
14Department having completed a minimum of 1500 hours in the
15study of cosmetology; and
16    d. Has graduated from a school of barbering or cosmetology
17approved by the Department having completed a minimum of 100
181000 additional hours in the study of barbering extending over
19a period of no less than 6 months nor more than 2 years. Time
20spent in such study under the laws of another state or
21territory of the United States or of a foreign country or
22province shall be credited toward the period of study required
23by the provisions of this paragraph; and
24    e. Has passed an examination caused to be conducted by the
25Department, or its designated testing service, to determine

 

 

HB3545- 15 -LRB099 07048 AMC 31506 b

1fitness to receive a license as a barber; and
2    f. Has met any other requirements set forth in this Act.
3(Source: P.A. 89-387, eff. 1-1-96; 89-706, eff. 1-31-97.)
 
4    (225 ILCS 410/2-4)  (from Ch. 111, par. 1702-4)
5    (Section scheduled to be repealed on January 1, 2016)
6    Sec. 2-4. Licensure as a barber teacher; qualifications. A
7person is qualified to receive a license as a barber teacher if
8that person files an application on forms provided by the
9Department, pays the required fee, and:
10        a. Is at least 18 years of age;
11        b. Has graduated from high school or its equivalent;
12        c. Has a current license as a barber or cosmetologist;
13        d. Has graduated from a barber school or school of
14    cosmetology approved by the Department having:
15            (1) completed a total of 500 hours in barber
16        teacher training extending over a period of not less
17        than 3 months nor more than 2 years and has had 3 years
18        of practical experience as a licensed barber;
19            (2) completed a total of 1,000 hours of barber
20        teacher training extending over a period of not less
21        than 6 months nor more than 2 years; or
22            (3) completed the cosmetology teacher training as
23        specified in paragraph (4) of subsection (a) of Section
24        3-4 of this Act and completed a supplemental barbering
25        course as established by rule; and

 

 

HB3545- 16 -LRB099 07048 AMC 31506 b

1        e. Has passed an examination authorized by the
2    Department to determine fitness to receive a license as a
3    barber teacher or a cosmetology teacher; and
4        f. Has met any other requirements set forth in this
5    Act.
6    An applicant who is issued a license as a barber teacher
7Barber Teacher is not required to maintain a barber license in
8order to practice barbering as defined in this Act.
9(Source: P.A. 97-777, eff. 7-13-12; 98-911, eff. 1-1-15;
10revised 11-25-14.)
 
11    (225 ILCS 410/2-7)  (from Ch. 111, par. 1702-7)
12    (Section scheduled to be repealed on January 1, 2016)
13    Sec. 2-7. Examination of applicants. The Department shall
14hold examinations of applicants for licensure as barbers and
15teachers of barbering at such times and places as it may
16determine. Upon request, the examinations shall be
17administered in Spanish.
18    Each applicant shall be given a written examination testing
19both theoretical and practical knowledge of the following
20subjects insofar as they are related and applicable to the
21practice of barber science and art: (1) anatomy, (2)
22physiology, (3) skin diseases, (4) hygiene and sanitation, (5)
23barber history, (6) this Act and the rules for the
24administration of this Act barber law, (7) hair cutting and
25styling, (8) shaving, shampooing, and permanent waving, (9)

 

 

HB3545- 17 -LRB099 07048 AMC 31506 b

1massaging, (10) bleaching, tinting, and coloring, and (11)
2implements.
3    The examination of applicants for licensure as a barber
4teacher shall include: (a) practice of barbering and styling,
5(b) theory of barbering, (c) methods of teaching, and (d)
6school management.
7    If an applicant for licensure as a barber fails to pass 3
8examinations conducted by the Department, the applicant shall,
9before taking a subsequent examination, furnish evidence of not
10less than 250 hours of additional study of barbering in an
11approved school of barbering or cosmetology since the applicant
12last took the examination. If an applicant for licensure as a
13barber teacher fails to pass 3 examinations conducted by the
14Department, the applicant shall, before taking a subsequent
15examination, furnish evidence of not less than 80 hours of
16additional study in teaching methodology and educational
17psychology in an approved school of barbering or cosmetology
18since the applicant last took the examination. An applicant who
19fails to pass the fourth examination shall not again be
20admitted to an examination unless: (i) in the case of an
21applicant for licensure as a barber, the applicant again takes
22and completes a program of 1,500 hours in the study of
23barbering in an approved school of barbering or cosmetology
24extending over a period that commences after the applicant
25fails to pass the fourth examination and that is not less than
268 months nor more than 7 consecutive years in duration; or (ii)

 

 

HB3545- 18 -LRB099 07048 AMC 31506 b

1in the case of an applicant for licensure as a barber teacher,
2the applicant again takes and completes a program of 1,000
3hours of teacher training in an approved school of barbering or
4cosmetology, except that if the applicant had 2 years of
5practical experience as a licensed barber within the 5 years
6preceding the initial examination taken by the applicant, the
7applicant must again take and complete a program of 500 hours
8of teacher training in an approved school of barbering or
9cosmetology. The requirements for remedial training set forth
10in this Section may be waived in whole or in part by the
11Department upon proof to the Department that the applicant has
12demonstrated competence to again sit for the examination. The
13Department shall adopt rules establishing standards by which
14this determination shall be made.
15    This Act does not prohibit the practice as a barber or
16barber teacher by one who has applied in writing to the
17Department, in form and substance satisfactory to the
18Department, for a license and has complied with all the
19provisions of this Act in order to qualify for a license except
20the passing of an examination, until: (a) the expiration of 6
21months after the filing of such written application, or (b) the
22decision of the Department that the applicant has failed to
23pass an examination within 6 months or failed without an
24approved excuse to take an examination conducted within 6
25months by the Department, or (c) the withdrawal of the
26application.

 

 

HB3545- 19 -LRB099 07048 AMC 31506 b

1(Source: P.A. 94-451, eff. 12-31-05.)
 
2    (225 ILCS 410/2-9)
3    (Section scheduled to be repealed on January 1, 2016)
4    Sec. 2-9. Certification Degree in barbering at a
5cosmetology school. A school of cosmetology may offer a
6certificate degree in barbering, as defined by this Act,
7provided that the school of cosmetology complies with
8subsections (c), (d), and (e) of Section 2-2 of this Act;
9utilizes barber teachers properly licensed under Section 2-4 of
10this Act; and complies with Sections 2A-7 and 3B-10 of this
11Act.
12(Source: P.A. 97-777, eff. 7-13-12; 98-911, eff. 1-1-15.)
 
13    (225 ILCS 410/2-10 new)
14    Sec. 2-10. Licensed cosmetologist seeking license as a
15barber. A licensed cosmetologist who submits to the Department
16an application for licensure as a barber must meet all
17requirements of this Act for licensure as a barber, except that
18such applicant shall be given credit for hours of instruction
19completed for his or her cosmetologist license in subjects that
20are common to both barbering and cosmetology. The Department
21shall provide for the implementation of this provision by rule.
 
22    (225 ILCS 410/2-11 new)
23    Sec. 2-11. Inactive status. Any barber or barber teacher

 

 

HB3545- 20 -LRB099 07048 AMC 31506 b

1who notifies the Department in writing on forms prescribed by
2the Department may elect to place his or her license on
3inactive status and shall, subject to rules of the Department,
4be excused from payment of renewal fees until he or she
5notifies the Department in writing of his or her desire to
6resume active status. Any barber or barber teacher requesting
7restoration from inactive status shall be required to pay the
8current renewal fee and to qualify for the restoration of his
9or her license, subject to rules of the Department. Any barber
10or barber teacher whose license is in inactive status shall not
11practice in the State of Illinois.
 
12    (225 ILCS 410/3-2)  (from Ch. 111, par. 1703-2)
13    (Section scheduled to be repealed on January 1, 2016)
14    Sec. 3-2. Licensure; qualifications.
15    (1) A person is qualified to receive a license as a
16cosmetologist who has filed an application on forms provided by
17the Department, pays the required fees, and:
18        a. Is at least l6 years of age; and
19        b. Is beyond the age of compulsory school attendance or
20    has received a certificate of graduation from a school
21    providing secondary education, or the recognized
22    equivalent of that certificate; and
23        c. Has graduated from a school of cosmetology approved
24    by the Department, having completed a program of 1,500 l500
25    hours in the study of cosmetology extending over a period

 

 

HB3545- 21 -LRB099 07048 AMC 31506 b

1    of not less than 8 months nor more than 7 consecutive
2    years. A school of cosmetology may, at its discretion,
3    consistent with the rules of the Department, accept up to
4    1,000 500 hours of barber school training at a recognized
5    barber school toward the 1,500 l500 hour program
6    requirement of cosmetology. Time spent in such study under
7    the laws of another state or territory of the United States
8    or of a foreign country or province shall be credited
9    toward the period of study required by the provisions of
10    this paragraph; and
11        d. Has passed an examination authorized by the
12    Department to determine eligibility to receive a license as
13    a cosmetologist; and
14        e. Has met any other requirements of this Act.
15    (2) (Blank).
16(Source: P.A. 93-253, eff. 7-22-03; 94-451, eff. 12-31-05.)
 
17    (225 ILCS 410/3-3)  (from Ch. 111, par. 1703-3)
18    (Section scheduled to be repealed on January 1, 2016)
19    Sec. 3-3. Licensure as a cosmetologist by a barber school
20graduate. A person is qualified to receive a license as a
21cosmetologist if that person has filed an application on forms
22provided by the Department, has paid the required fees, and:
23    a. Is at least 16 years of age; and
24    b. Has a certificate of graduation from a school providing
25secondary education, or the recognized equivalent of such a

 

 

HB3545- 22 -LRB099 07048 AMC 31506 b

1certificate, or is beyond the age of compulsory school
2attendance; and
3    c. Has graduated from a school of barbering approved by the
4Department having completed 1500 hours in the study of
5barbering, and a minimum of 500 1000 additional hours in the
6study of cosmetology extending over a period of no less than 6
7months nor more than 2 years. Time spent in such study under
8the laws of another state or territory of the United States or
9of a foreign country or province shall be credited toward the
10period of study required by the provisions of this paragraph;
11and
12    d. Has passed an examination authorized by the Department
13to determine fitness to receive a license as a cosmetologist;
14and
15    e. Has met any other requirements of this Act.
16(Source: P.A. 89-387, eff. 1-1-96.)
 
17    (225 ILCS 410/3-4)  (from Ch. 111, par. 1703-4)
18    (Section scheduled to be repealed on January 1, 2016)
19    Sec. 3-4. Licensure as cosmetology teacher or cosmetology
20clinic teacher; qualifications.
21    (a) A person is qualified to receive license as a
22cosmetology teacher if that person has applied in writing on
23forms provided by the Department, has paid the required fees,
24and:
25        (1) is at least 18 years of age;

 

 

HB3545- 23 -LRB099 07048 AMC 31506 b

1        (2) has graduated from high school or its equivalent;
2        (3) has a current license as a cosmetologist;
3        (4) has either: (i) completed a program of 500 hours of
4    teacher training in a licensed school of cosmetology and
5    had 2 years of practical experience as a licensed
6    cosmetologist within 5 years preceding the examination; or
7    (ii) completed a program of 1,000 hours of teacher training
8    in a licensed school of cosmetology; or (iii) completed the
9    barber teacher training as specified in subsection (d) of
10    Section 2-4 of this Act and completed a supplemental
11    cosmetology course as established by rule;
12        (5) has passed an examination authorized by the
13    Department to determine eligibility to receive a license as
14    a cosmetology teacher or barber teacher; and
15        (6) has met any other requirements of this Act.
16    An individual who receives a license as a cosmetology
17teacher shall not be required to maintain an active cosmetology
18license in order to practice cosmetology as defined in this
19Act.
20    (b) A person is qualified to receive a license as a
21cosmetology clinic teacher if he or she has applied in writing
22on forms provided by the Department, has paid the required
23fees, and:
24        (1) is at least 18 years of age;
25        (2) has graduated from high school or its equivalent;
26        (3) has a current license as a cosmetologist;

 

 

HB3545- 24 -LRB099 07048 AMC 31506 b

1        (4) has (i) completed a program of 250 hours of clinic
2    teacher training in a licensed school of cosmetology or
3    (ii) within 5 years preceding the examination, has obtained
4    a minimum of 2 years of practical experience working at
5    least 30 full-time hours per week as a licensed
6    cosmetologist and has completed an instructor's institute
7    of 20 hours, as prescribed by the Department, prior to
8    submitting an application for examination;
9        (5) has passed an examination authorized by the
10    Department to determine eligibility to receive a license as
11    a cosmetology teacher; and
12        (6) has met any other requirements of this Act.
13    The Department shall not issue any new cosmetology clinic
14teacher licenses after January 1, 2009. Any person issued a
15license as a cosmetology clinic teacher before January 1, 2009,
16may renew the license after that date under this Act and that
17person may continue to renew the license or have the license
18restored during his or her lifetime, subject only to the
19renewal or restoration requirements for the license under this
20Act; however, such licensee and license shall remain subject to
21the provisions of this Act, including, but not limited to,
22provisions concerning renewal, restoration, fees, continuing
23education, discipline, administration, and enforcement.
24(Source: P.A. 94-451, eff. 12-31-05.)
 
25    (225 ILCS 410/3-7)  (from Ch. 111, par. 1703-7)

 

 

HB3545- 25 -LRB099 07048 AMC 31506 b

1    (Section scheduled to be repealed on January 1, 2016)
2    Sec. 3-7. Licensure; renewal; continuing education;
3military service. The holder of a license issued under this
4Article III may renew that license during the month preceding
5the expiration date thereof by paying the required fee, giving
6such evidence as the Department may prescribe of completing not
7less than 14 hours of continuing education for a cosmetologist,
8and 24 hours of continuing education for a cosmetology teacher
9or cosmetology clinic teacher, within the 2 years prior to
10renewal. The training shall be in subjects approved by the
11Department as prescribed by rule upon recommendation of the
12Board.
13    A license that has been expired for more than 5 years may
14be restored by payment of the restoration fee and submitting
15evidence satisfactory to the Department of the current
16qualifications and fitness of the licensee, which shall include
17completion of continuing education hours for the period
18subsequent to expiration.
19    The Department shall establish by rule a means for the
20verification of completion of the continuing education
21required by this Section. This verification may be accomplished
22through audits of records maintained by registrants, by
23requiring the filing of continuing education certificates with
24the Department, or by other means established by the
25Department.
26    A license issued under the provisions of this Act that has

 

 

HB3545- 26 -LRB099 07048 AMC 31506 b

1expired while the holder of the license was engaged (1) in
2federal service on active duty with the Army of the United
3States, the United States Navy, the Marine Corps, the Air
4Force, the Coast Guard, or any Women's Auxiliary thereof, or
5the State Militia called into the service or training of the
6United States of America, or (2) in training or education under
7the supervision of the United States preliminary to induction
8into the military service, may be reinstated or restored
9without the payment of any lapsed renewal fees, reinstatement
10fee, or restoration fee if within 2 years after the termination
11of such service, training, or education other than by
12dishonorable discharge, the holder furnishes the Department
13with an affidavit to the effect that he or she has been so
14engaged and that his or her service, training, or education has
15been so terminated.
16    The Department, in its discretion, may waive enforcement of
17the continuing education requirement in this Section and shall
18adopt rules defining the standards and criteria for that waiver
19under the following circumstances:
20        (a) the licensee resides in a locality where it is
21    demonstrated that the absence of opportunities for such
22    education would interfere with the ability of the licensee
23    to provide service to the public;
24        (b) that to comply with the continuing education
25    requirements would cause a substantial financial hardship
26    on the licensee;

 

 

HB3545- 27 -LRB099 07048 AMC 31506 b

1        (c) that the licensee is serving in the United States
2    Armed Forces; or
3        (d) that the licensee is incapacitated due to illness.
4    The continuing education requirements of this Section do
5not apply to a licensee who (i) is at least 62 years of age or
6(ii) has been licensed as a cosmetologist, cosmetology teacher,
7or cosmetology clinic teacher for at least 25 years.
8(Source: P.A. 98-911, eff. 1-1-15.)
 
9    (225 ILCS 410/3-9 new)
10    Sec. 3-9. Licensed barber seeking license as
11cosmetologist. A licensed barber who submits to the Department
12an application for licensure as a cosmetologist must meet all
13requirements of this Act for licensure as a cosmetologist,
14except that such applicant shall be given credit for hours of
15instruction completed for his or her barber license in subjects
16that are common to both barbering and cosmetology. The
17Department shall provide for the implementation of this
18provision by rule.
 
19    (225 ILCS 410/3-10 new)
20    Sec. 3-10. Licensed esthetician or licensed nail
21technician seeking license as a cosmetologist. A licensed
22esthetician or licensed nail technician who submits to the
23Department an application for licensure as a cosmetologist must
24meet all requirements of this Act for licensure as a

 

 

HB3545- 28 -LRB099 07048 AMC 31506 b

1cosmetologist except that such applicant shall be given credit
2for hours of instruction completed for his or her esthetician
3or nail technician license in subjects that are common to both
4esthetics or nail technology and cosmetology. The Department
5shall provide for the implementation of this provision by rule.
 
6    (225 ILCS 410/3A-6)  (from Ch. 111, par. 1703A-6)
7    (Section scheduled to be repealed on January 1, 2016)
8    Sec. 3A-6. Licensure; renewal; continuing education;
9examination; military service. The holder of a license issued
10under this Article may renew such license during the month
11preceding the expiration date thereof by paying the required
12fee, giving evidence the Department may prescribe of completing
13not less than 10 hours for estheticians, and not less than 20
14hours of continuing education for esthetics teachers, within
15the 2 years prior to renewal. The training shall be in
16subjects, approved by the Department as prescribed by rule upon
17recommendation of the Board.
18    A license that has expired or been placed on inactive
19status may be restored only by payment of the restoration fee
20and submitting evidence satisfactory to the Department of the
21current qualifications and fitness of the licensee including
22the completion of continuing education hours for the period
23following expiration.
24    A license issued under the provisions of this Act that has
25expired while the holder of the license was engaged (1) in

 

 

HB3545- 29 -LRB099 07048 AMC 31506 b

1federal service on active duty with the Army of the United
2States, the United States Navy, the Marine Corps, the Air
3Force, the Coast Guard, or any Women's Auxiliary thereof, or
4the State Militia called into the service or training of the
5United States of America, or (2) in training or education under
6the supervision of the United States preliminary to induction
7into the military service, may be reinstated or restored
8without the payment of any lapsed renewal fees, reinstatement
9fee, or restoration fee if within 2 years after the termination
10of such service, training, or education other than by
11dishonorable discharge, the holder furnishes the Department
12with an affidavit to the effect that he or she has been so
13engaged and that his or her service, training, or education has
14been so terminated.
15    The Department, in its discretion, may waive enforcement of
16the continuing education requirement in this Section, and shall
17adopt rules defining the standards and criteria for such
18waiver, under the following circumstances:
19        (1) the licensee resides in a locality where it is
20    demonstrated that the absence of opportunities for such
21    education would interfere with the ability of the licensee
22    to provide service to the public;
23        (2) the licensee's compliance with the continuing
24    education requirements would cause a substantial financial
25    hardship on the licensee;
26        (3) the licensee is serving in the United States Armed

 

 

HB3545- 30 -LRB099 07048 AMC 31506 b

1    Forces; or
2        (4) the licensee is incapacitated due to illness.
3(Source: P.A. 98-911, eff. 1-1-15.)
 
4    (225 ILCS 410/3A-8 new)
5    Sec. 3A-8. Inactive status. Any esthetician or esthetician
6teacher who notifies the Department in writing on forms
7prescribed by the Department may elect to place his or her
8license on inactive status and shall, subject to rules of the
9Department, be excused from payment of renewal fees until he or
10she notifies the Department in writing of his or her desire to
11resume active status.
12    Any esthetician or esthetician teacher requesting
13restoration from inactive status shall be required to pay the
14current renewal fee and to qualify for the restoration of his
15or her license, subject to rules of the Department. A license
16shall not be restored from inactive status unless the
17esthetician or esthetician teacher requesting the restoration
18completes the number of hours of continuing education required
19for renewal of a license under Section 3A-6.
20    Any esthetician or esthetician teacher whose license is in
21inactive status shall not practice in the State of Illinois.
 
22    (225 ILCS 410/3B-2)  (from Ch. 111, par. 1703B-2)
23    (Section scheduled to be repealed on January 1, 2016)
24    Sec. 3B-2. Investigations by Department upon its own motion

 

 

HB3545- 31 -LRB099 07048 AMC 31506 b

1or upon verified complaint; opportunity for corrections. The
2Department may upon its own motion and shall upon the verified
3complaint in writing of any person setting forth facts which if
4proved would constitute grounds for refusal or revocation under
5this Act, investigate the actions of any applicant or any
6person or persons holding or claiming to hold a license.
7    Any student or employee of a school approved by this Act
8who believes he has been aggrieved by a violation of this Act
9shall have the right to file a written complaint within one
10year of the alleged violation. The Department shall acknowledge
11receipt of such written complaint, commence an investigation of
12the alleged violation, and forward to the Attorney General and
13any appropriate State's Attorney's office copies of complaints
14as required by Section 3B-3. The Department shall inform
15forward a copy of the formal complaint and order to the person
16who filed the complaint and to the chief operating officer of
17the school cited in the complaint of the nature or substance of
18the complaint and afford the school an opportunity to either
19resolve the complaint to the satisfaction of the complainant or
20submit a written response to the Department.
21    However, before proceeding to a hearing on the question of
22whether a license shall be refused or revoked, the Department
23may issue a letter granting the school in question 30 days to
24correct the deficiency or deficiencies. The letter shall
25enumerate the deficiencies and state the action on the part of
26the school that will remediate the deficiency or deficiencies.

 

 

HB3545- 32 -LRB099 07048 AMC 31506 b

1During the time designated to remedy deficiencies the
2Department may order the school to cease and desist from all
3marketing and student enrollment activities.
4(Source: P.A. 89-387, eff. 1-1-96; 89-626, eff. 8-9-96.)
 
5    (225 ILCS 410/3B-10)
6    (Section scheduled to be repealed on January 1, 2016)
7    Sec. 3B-10. Requisites for ownership or operation of
8school. No person, firm, or corporation may own, operate, or
9conduct a school of barbering, cosmetology, esthetics, hair
10braiding, or nail technology for the purpose of teaching
11barbering, cosmetology, esthetics, hair braiding, or nail
12technology for compensation unless licensed by the Department.
13A licensed school is a postsecondary educational institution
14authorized by the Department to provide a postsecondary
15education program in compliance with the requirements of this
16Act. An applicant shall apply to the Department on forms
17provided by the Department, pay the required fees, and comply
18with the following requirements:
19        1. The applicant must submit to the Department for
20    approval:
21            a. A floor plan, drawn to a scale specified on the
22        floor plan, showing every detail of the proposed
23        school; and
24            b. A lease commitment or proof of ownership for the
25        location of the proposed school; a lease commitment

 

 

HB3545- 33 -LRB099 07048 AMC 31506 b

1        must provide for execution of the lease upon the
2        Department's approval of the school's application and
3        the lease must be for a period of at least one year.
4            c. (Blank).
5        2. An application to own or operate a school shall
6    include the following:
7            a. If the owner is a corporation, a copy of the
8        Articles of Incorporation or, if the owner is a limited
9        liability company, a copy of the articles of
10        organization;
11            b. If the owner is a partnership, a listing of all
12        partners and their current addresses;
13            c. If the applicant is an owner, a completed
14        financial statement showing the owner's ability to
15        operate the school for at least 3 months;
16            d. A copy of the official enrollment agreement or
17        student contract to be used by the school, which shall
18        be consistent with the requirements of this Act and
19        rules;
20            e. A listing of all teachers who will be in the
21        school's employ, including their teacher license
22        numbers;
23            f. A copy of the curricula that will be followed;
24            g. The names, addresses, and current status of all
25        schools in which the applicant has previously owned any
26        interest, and a declaration as to whether any of these

 

 

HB3545- 34 -LRB099 07048 AMC 31506 b

1        schools were ever denied accreditation or licensing or
2        lost accreditation or licensing from any governmental
3        body or accrediting agency;
4            h. Each application for a certificate of approval
5        shall be signed and certified under oath by the
6        school's chief managing employee and also by its
7        individual owner or owners; if the applicant is a
8        partnership or a corporation, then the application
9        shall be signed and certified under oath by the
10        school's chief managing employee and also by each
11        member of the partnership or each officer of the
12        corporation, as the case may be;
13            i. A copy of the school's official transcript; and
14            j. The required fee.
15        3. Each application for a license to operate a school
16    shall also contain the following commitments:
17            a. To conduct the school in accordance with this
18        Act and the standards, and rules from time to time
19        adopted under this Act and to meet standards and
20        requirements at least as stringent as those required by
21        Part H of the Federal Higher Education Act of 1965.
22            b. To permit the Department to inspect the school
23        or classes thereof from time to time with or without
24        notice; and to make available to the Department, at any
25        time when required to do so, information including
26        financial information pertaining to the activities of

 

 

HB3545- 35 -LRB099 07048 AMC 31506 b

1        the school required for the administration of this Act
2        and the standards and rules adopted under this Act;
3            c. To utilize only advertising and solicitation
4        which is free from misrepresentation, deception,
5        fraud, or other misleading or unfair trade practices;
6            d. To screen applicants to the school prior to
7        enrollment pursuant to the requirements of the
8        school's regional or national accrediting agency, if
9        any, and to maintain any and all records of such
10        screening. If the course of instruction is offered in a
11        language other than English, the screening shall also
12        be performed in that language;
13            e. To post in a conspicuous place a statement,
14        developed by the Department, of student's rights
15        provided under this Act.
16        4. The applicant shall establish to the satisfaction of
17    the Department that the owner possesses sufficient liquid
18    assets to meet the prospective expenses of the school for a
19    period of 3 months. In the discretion of the Department,
20    additional proof of financial ability may be required.
21        5. The applicant shall comply with all rules of the
22    Department determining the necessary curriculum and
23    equipment required for the conduct of the school.
24        6. The applicant must demonstrate employment of a
25    sufficient number of qualified teachers who are holders of
26    a current license issued by the Department.

 

 

HB3545- 36 -LRB099 07048 AMC 31506 b

1        7. A final inspection of the barber, cosmetology,
2    esthetics, hair braiding, or nail technology school shall
3    be made by the Department before the school may commence
4    classes.
5        8. A written inspection report must be made by the
6    State Fire Marshal or a local fire authority approving the
7    use of the proposed premises as a barber, cosmetology,
8    esthetics, hair braiding, or nail technology school.
9(Source: P.A. 98-238, eff. 1-1-14; 98-911, eff. 1-1-15.)
 
10    (225 ILCS 410/3B-11)
11    (Section scheduled to be repealed on January 1, 2016)
12    Sec. 3B-11. Periodic review of barber, cosmetology,
13esthetics, hair braiding, and nail technology schools. The
14Department shall review at least biennially all All approved
15schools and courses of instruction are to subject to review by
16the Department. The biennial review shall include
17consideration of a comparison between the graduation or
18completion rate for the school and the graduation or completion
19rate for the schools within that classification of schools.
20Consideration shall be given to complaints and information
21forwarded to the Department by the Federal Trade Commission,
22Better Business Bureaus, the Illinois Attorney General's
23Office, a State's Attorney's Office, other State or official
24approval agencies, local school officials, and interested
25persons. The Department shall investigate all complaints filed

 

 

HB3545- 37 -LRB099 07048 AMC 31506 b

1with the Department about a school or its sales
2representatives.
3    A school shall retain the records, as defined by rule, of a
4student who withdraws from or drops out of the school, by
5written notice of cancellation or otherwise, for any period
6longer than 7 years from the student's first day of attendance.
7However, a school shall retain indefinitely the transcript of
8each student who completes the program and graduates from the
9school.
10(Source: P.A. 98-911, eff. 1-1-15.)
 
11    (225 ILCS 410/3B-12)
12    (Section scheduled to be repealed on January 1, 2016)
13    Sec. 3B-12. Enrollment agreements.
14    (a) Enrollment agreements shall be used by barber,
15cosmetology, esthetics, hair braiding, and nail technology
16schools licensed to operate by the Department and shall include
17the following written disclosures:
18        (1) The name and address of the school and the
19    addresses where instruction will be given;
20        (2) The name and description of the course of
21    instruction, including the number of clock hours in each
22    course and an approximate number of weeks or months
23    required for completion;
24        (3) The scheduled starting date and calculated
25    completion date;

 

 

HB3545- 38 -LRB099 07048 AMC 31506 b

1        (4) The total cost of the course of instruction
2    including any charges made by the school for tuition,
3    books, materials, supplies, and other expenses;
4        (5) A clear and conspicuous statement that the contract
5    is a legally binding instrument when signed by the student
6    and accepted by the school;
7        (6) A clear and conspicuous caption, "BUYER'S RIGHT TO
8    CANCEL" under which it is explained that the student has
9    the right to cancel the initial enrollment agreement until
10    midnight of the fifth business day after the student has
11    been enrolled; and if notice of the right to cancel is not
12    given to any prospective student at the time the enrollment
13    agreement is signed, then the student has the right to
14    cancel the agreement at any time and receive a refund of
15    all monies paid to date within 10 days of cancellation;
16        (7) A notice to the students that the cancellation must
17    be in writing and given to the registered agent, if any, or
18    managing employee of the school;
19        (8) The school's refund policy for unearned tuition,
20    fees, and other charges;
21        (9) The date of the student's signature and the date of
22    the student's admission;
23        (10) The name of the school employee or agent
24    responsible for procuring, soliciting, or enrolling the
25    student;
26        (11) A clear statement that the institution does not

 

 

HB3545- 39 -LRB099 07048 AMC 31506 b

1    guarantee employment and a statement describing the
2    school's placement assistance procedures;
3        (12) The graduation requirements of the school;
4        (13) The contents of the following notice, in at least
5    10 point bold type:
6
"NOTICE TO THE STUDENT"
7    "Do not sign this contract before you read it or if it
8    contains any blank space. You are entitled to an exact copy
9    of the contract you sign."
10        (14) A statement either in the enrollment agreement or
11    separately provided and acknowledged by the student
12    indicating the number of students who did not complete the
13    course of instruction for which they enrolled for the past
14    calendar year as compared to the number of students who
15    enrolled in school during the school's past calendar year;
16        (15) The following clear and conspicuous caption:
17    "COMPLAINTS AGAINST THIS SCHOOL MAY BE REGISTERED WITH THE
18    DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION", set
19    forth with the address and telephone number of the
20    Department's Complaint Intake Unit Chicago and Springfield
21    offices.
22    (b) If the enrollment is negotiated orally in a language
23other than English, then copies of the above disclosures shall
24be tendered in the language in which the contract was
25negotiated prior to executing the enrollment agreement.
26    (c) The school shall comply with all applicable

 

 

HB3545- 40 -LRB099 07048 AMC 31506 b

1requirements of the Retail Installment Sales Act in its
2enrollment agreement or student contracts.
3    (d) No enrollment agreement or student contract shall
4contain a wage assignment provision or a confession of judgment
5clause.
6    (e) Any provision in an enrollment agreement or student
7contract that purports to waive the student's right to assert
8against the school, or any assignee, any claim or defense he or
9she may have against the school arising under the contract
10shall be void.
11    (f) Two copies of the enrollment agreement shall be signed
12by the student. One copy shall be given to the student and the
13school shall retain the other copy as part of the student's
14permanent record.
15(Source: P.A. 98-911, eff. 1-1-15.)
 
16    (225 ILCS 410/3B-13)
17    (Section scheduled to be repealed on January 1, 2016)
18    Sec. 3B-13. Rules; refunds. Schools regulated under this
19Section shall issue refunds based on the following schedule.
20The refund policy shall provide that:
21        (1) Schools shall, when a student gives written notice
22    of cancellation, provide a refund in the amount of at least
23    the following:
24            (a) When notice of cancellation is given within 5
25        days after the date of enrollment, all application and

 

 

HB3545- 41 -LRB099 07048 AMC 31506 b

1        registration fees, tuition, and any other charges
2        shall be refunded to the student.
3            (b) When notice of cancellation is given after the
4        fifth day following enrollment but before the
5        completion of the student's first day of class
6        attendance, the school may retain no more than the
7        application and registration fee, plus the cost of any
8        books or materials which have been provided by the
9        school and retained by the student.
10            (c) When notice of cancellation is given after the
11        student's completion of the first day of class
12        attendance but prior to the student's completion of 5%
13        of the course of instruction, the school may retain the
14        application and registration fee and an amount not to
15        exceed 10% of the tuition and other instructional
16        charges or $300, whichever is less, plus the cost of
17        any books or materials which have been provided by the
18        school.
19            (d) When a student has completed 5% or more of the
20        course of instruction, the school may retain the
21        application and registration fee and the cost of any
22        books or materials which have been provided by the
23        school but shall refund a part of the tuition and other
24        instructional charges in accordance with the
25        requirements of the school's regional or national
26        accrediting agency, if any, or rules that the

 

 

HB3545- 42 -LRB099 07048 AMC 31506 b

1        Department shall promulgate for purposes of this
2        Section.
3        (2) Applicants not accepted by the school shall receive
4    a refund of all tuition and fees paid.
5        (3) Application and registration fees shall be
6    chargeable at initial enrollment and shall not exceed $100.
7    All fees must be disclosed in the student contract.
8        (4) Deposits or down payments shall become part of the
9    tuition.
10        (5) The school shall mail a written acknowledgement of
11    a student's cancellation or written withdrawal to the
12    student within 15 calendar days of the date of
13    notification. Written acknowledgement is not necessary if
14    a refund has been mailed to the student within the 15
15    calendar days.
16        (6) If the school cancels or discontinues a course, the
17    student shall be entitled to receive from the school such
18    refund or partial refund of the tuition, fees, and other
19    charges paid by the student or on behalf of the student as
20    is provided under rules promulgated by the Department.
21        (7) Except as otherwise provided by this Act, all
22    student refunds shall be made by the school within 45
23    calendar days after the date of notice of the student's
24    cancellation or the date that the school determines that
25    the student has officially or unofficially withdrawn.
26        (8) A student shall give notice of cancellation to the

 

 

HB3545- 43 -LRB099 07048 AMC 31506 b

1    school in writing. The unexplained absence of a student
2    from a school for more than 30 consecutive calendar days
3    shall constitute constructive notice of cancellation to
4    the school. For purposes of cancellation, the cancellation
5    date shall be the last day of attendance.
6        (9) A school may make refunds which exceed those
7    required by this Section.
8        (10) Each student and former student shall be entitled
9    to receive from the school that the student attends or
10    attended an official transcript of all hours completed by
11    the student at that school for which the applicable
12    tuition, fees, and other charges have been paid, together
13    with the grades earned by the student for those hours,
14    provided that a student who withdraws from or drops out of
15    a school, by written notice of cancellation or otherwise,
16    shall not be entitled to any transcript of completed hours
17    following the expiration of the 7-year period that began on
18    the student's first day of attendance at the school. A
19    reasonable fee, not exceeding $2, may be charged by the
20    school for each transcript after the first free transcript
21    that the school is required to provide to a student or
22    former student under this Section.
23(Source: P.A. 95-343, eff. 1-1-08; 96-506, eff. 8-14-09.)
 
24    (225 ILCS 410/3B-17 new)
25    Sec. 3B-17. Sale of school. Any school licensed under this

 

 

HB3545- 44 -LRB099 07048 AMC 31506 b

1Act that is subsequently sold to another party shall notify the
2Department in writing of the sale at least 30 days in advance
3of the effective date of the transfer of ownership. Upon filing
4of this notice with the Department, the new owner may continue
5to operate the school under the previously issued license
6provided that the new owner submits an application for
7licensure to the Department in accordance with the requirements
8of this Act within 30 days after the effective date of the
9transfer of ownership. The new owner may continue to operate
10the school under the previous license after submitting such
11application until the Department issues a new license or denies
12issuance of a license, whichever occurs first. The Department
13shall provide for administration of this Section by rule.
 
14    (225 ILCS 410/3B-18 new)
15    Sec. 3B-18. Internship. A school may offer an internship
16program as part of its curriculum subject to the rules of the
17Department.
 
18    (225 ILCS 410/3C-8)  (from Ch. 111, par. 1703C-8)
19    (Section scheduled to be repealed on January 1, 2016)
20    Sec. 3C-8. License renewal; expiration; continuing
21education; persons in military service. The holder of a license
22issued under this Article may renew that license during the
23month preceding the expiration date of the license by paying
24the required fee and giving evidence, as the Department may

 

 

HB3545- 45 -LRB099 07048 AMC 31506 b

1prescribe, of completing not less than 10 hours of continuing
2education for a nail technician and 20 hours of continuing
3education for a nail technology teacher, within the 2 years
4prior to renewal. The continuing education shall be in subjects
5approved by the Department upon recommendation of the Barber,
6Cosmetology, Esthetics, Hair Braiding, and Nail Technology
7Board relating to the practice of nail technology, including,
8but not limited to, review of sanitary procedures, review of
9chemical service procedures, review of this Act, and review of
10the Workers' Compensation Act. However, at least 10 of the
11hours of continuing education required for a nail technology
12teacher shall be in subjects relating to teaching methodology,
13educational psychology, and classroom management or in other
14subjects related to teaching.
15    A license that has been expired or placed on inactive
16status may be restored only by payment of the restoration fee
17and submitting evidence satisfactory to the Department of the
18meeting of current qualifications and fitness of the licensee,
19including the completion of continuing education hours for the
20period subsequent to expiration.
21    A license issued under this Article that has expired while
22the holder of the license was engaged (1) in federal service on
23active duty with the Army of the United States, the United
24States Navy, the Marine Corps, the Air Force, the Coast Guard,
25or any Women's Auxiliary thereof, or the State Militia called
26into the service or training of the United States of America,

 

 

HB3545- 46 -LRB099 07048 AMC 31506 b

1or (2) in training or education under the supervision of the
2United States preliminary to induction into the military
3service, may be reinstated or restored without the payment of
4any lapsed renewal fees, reinstatement fee or restoration fee
5if, within 2 years after the termination of the service,
6training, or education other than by dishonorable discharge,
7the holder furnishes the Department with an affidavit to the
8effect that the certificate holder has been so engaged and that
9the service, training, or education has been so terminated.
10    The Department, in its discretion, may waive enforcement of
11the continuing education requirement in this Section, and shall
12adopt rules defining the standards and criteria for such
13waiver, under the following circumstances:
14    (a) the licensee resides in a locality where it is
15demonstrated that the absence of opportunities for such
16education would interfere with the ability of the licensee to
17provide service to the public;
18    (b) the licensee's compliance with the continuing
19education requirements would cause a substantial financial
20hardship on the licensee;
21    (c) the licensee is serving in the United States Armed
22Forces; or
23    (d) the licensee is incapacitated due to illness.
24(Source: P.A. 98-911, eff. 1-1-15.)
 
25    (225 ILCS 410/3C-10 new)

 

 

HB3545- 47 -LRB099 07048 AMC 31506 b

1    Sec. 3C-10. Inactive status. Any nail technician or nail
2technology teacher who notifies the Department in writing on
3forms prescribed by the Department may elect to place his or
4her license on inactive status and shall, subject to rules of
5the Department, be excused from payment of renewal fees until
6he or she notifies the Department in writing of his or her
7desire to resume active status.
8    Any nail technician or nail technology teacher requesting
9restoration from inactive status shall be required to pay the
10current renewal fee and to qualify for the restoration of his
11or her license, subject to rules of the Department. A license
12shall not be restored from inactive status unless the nail
13technician or nail technology teacher requesting the
14restoration completes the number of hours of continuing
15education required for renewal of a license under Section 3C-8.
16    Any nail technician or nail technology teacher whose
17license is in inactive status shall not practice in the State
18of Illinois.
 
19    (225 ILCS 410/3D-5)
20    (Section scheduled to be repealed on January 1, 2016)
21    Sec. 3D-5. Requisites for ownership or operation of
22cosmetology, esthetics, hair braiding, and nail technology
23salons and barber shops.
24    (a) No person, firm, partnership, limited liability
25company, or corporation shall own or operate a cosmetology,

 

 

HB3545- 48 -LRB099 07048 AMC 31506 b

1esthetics, hair braiding, or nail technology salon or barber
2shop or employ, rent space to, or independently contract with
3any licensee under this Act without applying on forms provided
4by the Department for a certificate of registration.
5    (b) The application for a certificate of registration under
6this Section shall set forth the name, address, and telephone
7number of the proposed cosmetology, esthetics, hair braiding,
8or nail technology salon or barber shop; the name, address, and
9telephone number of the person, firm, partnership, or
10corporation that is to own or operate the salon or shop; and,
11if the salon or shop is to be owned or operated by an entity
12other than an individual, the name, address, and telephone
13number of the managing partner or the chief executive officer
14of the corporation or other entity that owns or operates the
15salon or shop.
16    (c) The Department shall be notified by the owner or
17operator of a salon or shop that is moved to a new location. If
18there is a change in the ownership or operation of a salon or
19shop, the new owner or operator shall report that change to the
20Department along with completion of any additional
21requirements set forth by rule.
22    (d) If a person, firm, partnership, limited liability
23company, or corporation owns or operates more than one shop or
24salon, a separate certificate of registration must be obtained
25for each salon or shop.
26    (e) A certificate of registration granted under this

 

 

HB3545- 49 -LRB099 07048 AMC 31506 b

1Section may be revoked in accordance with the provisions of
2Article IV and the holder of the certificate may be otherwise
3disciplined by the Department in accordance with rules adopted
4under this Act.
5    (f) The Department may promulgate rules to establish
6additional requirements for owning or operating a salon or
7shop.
8    (g) The requirement of a certificate of registration as set
9forth in this Section shall also apply to any person, firm,
10partnership, limited liability company, or corporation
11providing barbering, cosmetology, esthetics, hair braiding, or
12nail technology services at any location not owned or rented by
13such person, firm, partnership, limited liability company, or
14corporation for these purposes or from a mobile shop or salon.
15Notwithstanding any provision of this Section, applicants for a
16certificate of registration under this subsection (g) shall
17report in its application the address and telephone number of
18its office and shall not be required to report the location
19where services are or will be rendered. Nothing in this
20subsection (g) shall apply to a sole proprietor who has no
21employees or contractors and is not operating a mobile shop or
22salon.
23(Source: P.A. 96-1246, eff. 1-1-11.)
 
24    (225 ILCS 410/3E-5)
25    (Section scheduled to be repealed on January 1, 2016)

 

 

HB3545- 50 -LRB099 07048 AMC 31506 b

1    Sec. 3E-5. License renewal. To renew a license issued under
2this Article, an individual must produce proof of successful
3completion of 10 hours of continuing education for a hair
4braider license and 20 hours of continuing education for a hair
5braiding teacher license.
6    A license that has been expired for more than 5 years may
7be restored by payment of the restoration fee and submitting
8evidence satisfactory to the Department of the current
9qualifications and fitness of the licensee, which shall include
10completion of continuing education hours for the period
11subsequent to expiration. The Department may establish
12additional rules for the administration of this Section and
13other requirements for the renewal of a hair braider or hair
14braiding teacher license issued under this Act.
15(Source: P.A. 96-1246, eff. 1-1-11.)
 
16    (225 ILCS 410/3E-7 new)
17    Sec. 3E-7. Inactive status. Any hair braider or hair
18braiding teacher who notifies the Department in writing on
19forms prescribed by the Department may elect to place his or
20her license on inactive status and shall, subject to rules of
21the Department, be excused from payment of renewal fees until
22he or she notifies the Department in writing of his or her
23desire to resume active status.
24    Any hair braider or hair braiding teacher requesting
25restoration from inactive status shall be required to pay the

 

 

HB3545- 51 -LRB099 07048 AMC 31506 b

1current renewal fee and to qualify for the restoration of his
2or her license, subject to rules of the Department. A license
3shall not be restored from inactive status unless the hair
4braider or hair braiding teacher requesting the restoration
5completes the number of hours of continuing education required
6for renewal of a license under Section 3E-5.
7    Any hair braider or hair braiding teacher whose license is
8in inactive status shall not practice in the State of Illinois.
 
9    (225 ILCS 410/4-2)  (from Ch. 111, par. 1704-2)
10    (Section scheduled to be repealed on January 1, 2016)
11    Sec. 4-2. The Barber, Cosmetology, Esthetics, Hair
12Braiding, and Nail Technology Board. There is established
13within the Department the Barber, Cosmetology, Esthetics, Hair
14Braiding, and Nail Technology Board, composed of 11 persons,
15which shall serve in an advisory capacity to the Secretary in
16all matters related to the practice of barbering, cosmetology,
17esthetics, hair braiding, and nail technology.
18    The 11 members of the Board shall be appointed as follows:
196 licensed cosmetologists, all of whom hold a current license
20as a cosmetologist or cosmetology teacher and, for appointments
21made after the effective date of this amendatory Act of 1996,
22at least 2 of whom shall be an owner of or a major stockholder
23in a school of cosmetology, 2 of whom shall be representatives
24of either a franchiser or an owner operating salons in 2 or
25more locations within the State, one of whom shall be an

 

 

HB3545- 52 -LRB099 07048 AMC 31506 b

1independent salon owner, and no one of the cosmetologist
2members shall be a manufacturer, jobber, or stockholder in a
3factory of cosmetology articles or an immediate family member
4of any of the above; one of whom shall be a barber holding a
5current license; one member who shall be a licensed esthetician
6or esthetics teacher; one member who shall be a licensed nail
7technician or nail technology teacher; one member who shall be
8a licensed hair braider or hair braiding teacher; and one
9public member who holds no licenses issued by the Department.
10The Secretary shall give due consideration for membership to
11recommendations by members of the professions and by their
12professional organizations. Members shall serve 4 year terms
13and until their successors are appointed and qualified. No
14member shall be reappointed to the Board for more than 2 terms.
15Appointments to fill vacancies shall be made in the same manner
16as original appointments for the unexpired portion of the
17vacated term. Members of the Board in office on the effective
18date of this amendatory Act of 1996 shall continue to serve for
19the duration of the terms to which they have been appointed,
20but beginning on that effective date all appointments of
21licensed cosmetologists and barbers to serve as members of the
22Board shall be made in a manner that will effect at the
23earliest possible date the changes made by this amendatory Act
24of 1996 in the representative composition of the Board.
25    For the initial appointment of a member who shall be a hair
26braider or hair braiding teacher to the Board, such individual

 

 

HB3545- 53 -LRB099 07048 AMC 31506 b

1shall not be required to possess a license at the time of
2appointment, but shall have at least 5 years active practice in
3the field of hair braiding and shall obtain a license as a hair
4braider or a hair braiding teacher within 18 months after
5appointment to the Board.
6    Six members of the Board shall constitute a quorum. A
7majority is required for Board decisions.
8    The Board shall elect a chairperson and a vice chairperson
9annually.
10    Board members are not liable for their acts, omissions,
11decisions, or other conduct in connection with their duties on
12the Board, except those determined to be willful, wanton, or
13intentional misconduct.
14    Whenever the Secretary is satisfied that substantial
15justice has not been done in an examination, the Secretary may
16order a reexamination by the same or other examiners.
17(Source: P.A. 96-1246, eff. 1-1-11.)
 
18    (225 ILCS 410/4-5)  (from Ch. 111, par. 1704-5)
19    (Section scheduled to be repealed on January 1, 2016)
20    Sec. 4-5. Fees; time limitations.
21    (a) Except as provided in paragraph (b) below, the fees for
22the administration and enforcement of this Act, including but
23not limited to fees for original licensure, renewal, and
24restoration shall be set by the Department by rule. The fees
25shall not be refundable.

 

 

HB3545- 54 -LRB099 07048 AMC 31506 b

1    (b) Applicants for examination shall be required to pay,
2either to the Department or the designated testing service, a
3fee covering the cost of initial screening to determine
4eligibility and providing the examination. Failure to appear
5for the examination on the scheduled date at the time and place
6specified, after the applicant's application for examination
7has been received and acknowledged by the Department or the
8designated testing service, shall result in the forfeiture of
9the examination fee.
10    (c) If an applicant fails to pass an examination for
11licensure under this Act within 3 years after filing his
12application, the application shall be denied. However, such
13applicant may thereafter make a new application for examination
14accompanied by the required fee.
15    (d) An individual applying on the basis of endorsement or
16restoration of licensure has 3 years from the date of
17application to complete the application process. If the process
18has not been completed in 3 years, the application shall be
19denied, the fee forfeited. The applicant may reapply, but shall
20meet the requirements in effect at the time of reapplication.
21    (e) An applicant has one year from the date of notification
22of successful completion of the examination to apply to the
23Department for a license. If an applicant fails to apply within
24one year the applicant shall be required to take and pass the
25examination again.
26(Source: P.A. 89-387, eff. 1-1-96.)
 

 

 

HB3545- 55 -LRB099 07048 AMC 31506 b

1    (225 ILCS 410/4-7)  (from Ch. 111, par. 1704-7)
2    (Section scheduled to be repealed on January 1, 2016)
3    Sec. 4-7. Refusal, suspension and revocation of licenses;
4causes; disciplinary action.
5    (1) The Department may refuse to issue or renew, and may
6suspend, revoke, place on probation, reprimand or take any
7other disciplinary or non-disciplinary action as the
8Department may deem proper, including civil penalties not to
9exceed $500 for each violation, with regard to any license for
10any one, or any combination, of the following causes:
11        a. Conviction of any crime under the laws of the United
12    States or any state or territory thereof that is (i) a
13    felony, (ii) a misdemeanor, an essential element of which
14    is dishonesty, or (iii) a crime which is related to the
15    practice of the profession.
16        b. Conviction of any of the violations listed in
17    Section 4-20.
18        c. Material misstatement in furnishing information to
19    the Department.
20        d. Making any misrepresentation for the purpose of
21    obtaining a license or violating any provision of this Act
22    or its rules.
23        e. Aiding or assisting another person in violating any
24    provision of this Act or its rules.
25        f. Failing, within 60 days, to provide information in

 

 

HB3545- 56 -LRB099 07048 AMC 31506 b

1    response to a written request made by the Department.
2        g. Discipline by another state, territory, or country
3    if at least one of the grounds for the discipline is the
4    same as or substantially equivalent to those set forth in
5    this Act.
6        h. Practice in the barber, nail technology, esthetics,
7    hair braiding, or cosmetology profession, or an attempt to
8    practice in those professions, by fraudulent
9    misrepresentation.
10        i. Gross malpractice or gross incompetency.
11        j. Continued practice by a person knowingly having an
12    infectious or contagious disease.
13        k. Solicitation of professional services by using
14    false or misleading advertising.
15        l. A finding by the Department that the licensee, after
16    having his or her license placed on probationary status,
17    has violated the terms of probation.
18        m. Directly or indirectly giving to or receiving from
19    any person, firm, corporation, partnership or association
20    any fee, commission, rebate, or other form of compensation
21    for any professional services not actually or personally
22    rendered.
23        n. Violating any of the provisions of this Act or rules
24    adopted pursuant to this Act.
25        o. Willfully making or filing false records or reports
26    relating to a licensee's practice, including but not

 

 

HB3545- 57 -LRB099 07048 AMC 31506 b

1    limited to, false records filed with State agencies or
2    departments.
3        p. Habitual or excessive use or addiction to alcohol,
4    narcotics, stimulants, or any other chemical agent or drug
5    that results in the inability to practice with reasonable
6    judgment, skill or safety.
7        q. Engaging in dishonorable, unethical or
8    unprofessional conduct of a character likely to deceive,
9    defraud, or harm the public as may be defined by rules of
10    the Department, or violating the rules of professional
11    conduct which may be adopted by the Department.
12        r. Permitting any person to use for any unlawful or
13    fraudulent purpose one's diploma or license or certificate
14    of registration as a cosmetologist, nail technician,
15    esthetician, hair braider, or barber or cosmetology, nail
16    technology, esthetics, hair braiding, or barber teacher or
17    salon or shop or cosmetology clinic teacher.
18        s. Being named as a perpetrator in an indicated report
19    by the Department of Children and Family Services under the
20    Abused and Neglected Child Reporting Act and upon proof by
21    clear and convincing evidence that the licensee has caused
22    a child to be an abused child or neglected child as defined
23    in the Abused and Neglected Child Reporting Act.
24        t. Operating a salon or shop without a valid
25    registration.
26        u. Failure to complete required continuing education

 

 

HB3545- 58 -LRB099 07048 AMC 31506 b

1    hours.
2    (2) In rendering an order, the Secretary shall take into
3consideration the facts and circumstances involving the type of
4acts or omissions in paragraph (1) of this Section including,
5but not limited to:
6        (a) the extent to which public confidence in the
7    cosmetology, nail technology, esthetics, hair braiding, or
8    barbering profession was, might have been, or may be,
9    injured;
10        (b) the degree of trust and dependence among the
11    involved parties;
12        (c) the character and degree of harm which did result
13    or might have resulted;
14        (d) the intent or mental state of the licensee at the
15    time of the acts or omissions.
16    (3) The Department may shall reissue the license or
17registration upon certification by the Board that the
18disciplined licensee or registrant has complied with all of the
19terms and conditions set forth in the final order or has been
20sufficiently rehabilitated to warrant the public trust.
21    (4) The Department shall refuse to issue or renew or
22suspend without hearing the license or certificate of
23registration of any person who fails to file a return, or to
24pay the tax, penalty or interest shown in a filed return, or to
25pay any final assessment of tax, penalty or interest, as
26required by any tax Act administered by the Illinois Department

 

 

HB3545- 59 -LRB099 07048 AMC 31506 b

1of Revenue, until such time as the requirements of any such tax
2Act are satisfied as determined by the Department of Revenue.
3    (5) The Department shall deny without hearing any
4application for a license or renewal of a license under this
5Act by a person who has defaulted on an educational loan
6guaranteed by the Illinois Student Assistance Commission;
7however, the Department may issue or renew a license if the
8person in default has established a satisfactory repayment
9record as determined by the Illinois Student Assistance
10Commission.
11    (6) All fines imposed under this Section shall be paid
12within 60 days after the effective date of the order imposing
13the fine or in accordance with the terms set forth in the order
14imposing the fine.
15(Source: P.A. 98-911, eff. 1-1-15.)
 
16    (225 ILCS 410/4-9)  (from Ch. 111, par. 1704-9)
17    (Section scheduled to be repealed on January 1, 2016)
18    Sec. 4-9. Practice without a license or after suspension or
19revocation thereof.
20    (a) If any person violates the provisions of this Act, the
21Secretary may, in the name of the People of the State of
22Illinois, through the Attorney General of the State of
23Illinois, petition, for an order enjoining such violation or
24for an order enforcing compliance with this Act. Upon the
25filing of a verified petition in such court, the court may

 

 

HB3545- 60 -LRB099 07048 AMC 31506 b

1issue a temporary restraining order, without notice or bond,
2and may preliminarily and permanently enjoin such violation,
3and if it is established that such person has violated or is
4violating the injunction, the Court may punish the offender for
5contempt of court. Proceedings under this Section shall be in
6addition to, and not in lieu of, all other remedies and
7penalties provided by this Act.
8    (b) If any person shall practice as a barber,
9cosmetologist, nail technician, hair braider, or esthetician,
10or teacher thereof or cosmetology clinic teacher or hold
11himself or herself out as such without being licensed under the
12provisions of this Act, any licensee, any interested party, or
13any person injured thereby may, in addition to the Secretary,
14petition for relief as provided in subsection (a) of this
15Section.
16    (c) Whenever in the opinion of the Department any person,
17firm, corporation, or other legal entity has violated violates
18any provision of Sections 1-7 or 3D-5 of this Act, the
19Department may issue a rule to show cause why an order to cease
20and desist should not be entered against that person, firm,
21corporation, or legal entity him. The rule shall clearly set
22forth the grounds relied upon by the Department and shall
23provide a period of 7 days from the date of the rule to file an
24answer to the satisfaction of the Department. Failure to answer
25to the satisfaction of the Department shall cause an order to
26cease and desist to be issued immediately.

 

 

HB3545- 61 -LRB099 07048 AMC 31506 b

1(Source: P.A. 98-911, eff. 1-1-15.)
 
2    (225 ILCS 410/4-10)  (from Ch. 111, par. 1704-10)
3    (Section scheduled to be repealed on January 1, 2016)
4    Sec. 4-10. Refusal, suspension and revocation of licenses;
5investigations and hearing. The Department may upon its own
6motion and shall, upon the verified complaint in writing of any
7person setting forth the facts which if proven would constitute
8grounds for disciplinary action as set forth in Section 4-7,
9investigate the actions of any person holding or claiming to
10hold a license. The Department shall, at least 30 days prior to
11the date set for the hearing, notify in writing the applicant
12or the holder of that license of any charges made and shall
13afford the accused person an opportunity to be heard in person
14or by counsel in reference thereto. The Department shall direct
15the applicant or licensee to file a written answer to the Board
16under oath within 20 days after the service of the notice and
17inform the applicant or licensee that failure to file an answer
18will result in default being taken against the applicant or
19licensee and that the license may be suspended, revoked, placed
20on probationary status, or other disciplinary action may be
21taken, including limiting the scope, nature or extent of
22practice, as the Secretary may deem proper. The written notice
23may be served by the delivery of the notice personally to the
24accused person, or by mailing the notice by registered or
25certified mail to the address of record place of business last

 

 

HB3545- 62 -LRB099 07048 AMC 31506 b

1specified by the accused person in his last notification to the
2Department. In case the person fails to file an answer after
3receiving notice, his or her license or certificate may, in the
4discretion of the Department be suspended, revoked, or placed
5on probationary status, or the Department, may take whatever
6disciplinary action deemed proper, including limiting the
7scope, nature, or extent of the person's practice or the
8imposition of a fine, without a hearing, if the act or acts
9charged constitute sufficient grounds for such action under
10this Act. At the time and place fixed in the notice, the Board
11shall proceed to hearing of the charges and the accused person
12shall be accorded ample opportunity to present in person or by
13counsel, any statements, testimony, evidence and arguments as
14may be pertinent to the charges or their defense. The Board may
15continue a hearing from time to time.
16(Source: P.A. 98-911, eff. 1-1-15.)
 
17    (225 ILCS 410/4-13)  (from Ch. 111, par. 1704-13)
18    (Section scheduled to be repealed on January 1, 2016)
19    Sec. 4-13. Attendance of witnesses and production of
20documents. Any circuit court or any judge thereof, upon the
21application of the accused person or complainant or of the
22Department, may by order duly entered, require the attendance
23of witnesses and the production of relevant books and papers
24before the Department in any hearing relative to the
25application for or refusal, recall, suspension or revocation of

 

 

HB3545- 63 -LRB099 07048 AMC 31506 b

1license, and the court or judge may compel obedience to its or
2his order by proceedings for contempt.
3(Source: P.A. 89-387, eff. 1-1-96.)
 
4    (225 ILCS 410/4-14)  (from Ch. 111, par. 1704-14)
5    (Section scheduled to be repealed on January 1, 2016)
6    Sec. 4-14. Report of Board; rehearing. The Board shall
7present to the Secretary its written report of its findings and
8recommendations. A copy of such report shall be served upon the
9accused person, either personally or by registered mail as
10provided in this Section for the service of the notice
11citation. Within 20 days after such service, said accused
12person may present to the Department his or her motion in
13writing for rehearing, which written motion shall specify the
14particular grounds therefor. If said accused person shall order
15and pay for a transcript of the record as provided in this
16Section, the time elapsing thereafter and before such
17transcript is ready for delivery to him or her shall not be
18counted as part of such 20 days. Whenever the Secretary is
19satisfied that substantial justice has not been done, he or she
20may order a re-hearing by the same or a special committee. At
21the expiration of the time specified for filing a motion or a
22rehearing the Secretary shall have the right to take the action
23recommended by the Board. Upon the suspension or revocation of
24his or her license a licensee shall be required to surrender
25his or her license to the Department, and upon his or her

 

 

HB3545- 64 -LRB099 07048 AMC 31506 b

1failure or refusal so to do, the Department shall have the
2right to seize the same.
3(Source: P.A. 98-911, eff. 1-1-15.)
 
4    (225 ILCS 410/4-15)  (from Ch. 111, par. 1704-15)
5    (Section scheduled to be repealed on January 1, 2016)
6    Sec. 4-15. Hearing officer. Notwithstanding the
7provisions of Section 4-10, the Secretary shall have the
8authority to appoint any attorney duly licensed to practice law
9in the State of Illinois to serve as the hearing officer in any
10action for refusal to issue or renew, or discipline of a
11license. The hearing officer shall have full authority to
12conduct the hearing. The hearing officer shall report his or
13her findings and recommendations to the Board and the
14Secretary. The Board shall have 60 days from receipt of the
15report to review the report of the hearing officer and present
16their findings of fact, conclusions of law, and recommendations
17to the Secretary. If the Board fails to present its report
18within the 60 day period, then the Secretary shall issue an
19order based on the report of the hearing officer. If the
20Secretary disagrees in any regard with determines that the
21Board's report is contrary to the manifest weight of the
22evidence, then he or she may issue an order in contravention of
23the Board's report.
24(Source: P.A. 98-911, eff. 1-1-15.)
 

 

 

HB3545- 65 -LRB099 07048 AMC 31506 b

1    (225 ILCS 410/4-16)  (from Ch. 111, par. 1704-16)
2    (Section scheduled to be repealed on January 1, 2016)
3    Sec. 4-16. Order or certified copy; prima facie proof. An
4order of revocation or suspension or placing a license on
5probationary status or other disciplinary action as the
6Department may consider proper or a certified copy thereof,
7over the seal of the Department and purporting to be signed by
8the Secretary, shall be prima facie proof that:
9        1. the signature is the genuine signature of the
10    Secretary;
11        2. the Secretary is duly appointed and qualified; and
12        3. the Board and the members thereof are qualified to
13    act.
14Such proof may be rebutted.
15(Source: P.A. 98-911, eff. 1-1-15.)
 
16    (225 ILCS 410/4-17)  (from Ch. 111, par. 1704-17)
17    (Section scheduled to be repealed on January 1, 2016)
18    Sec. 4-17. Restoration of license. At any time after the
19successful completion of a term of suspension or revocation of
20a license, the Department may restore it to the licensee, upon
21the written recommendation of the Board, unless the Board
22determines after an investigation and a hearing that
23restoration is not in the public interest.
24(Source: P.A. 98-911, eff. 1-1-15.)
 

 

 

HB3545- 66 -LRB099 07048 AMC 31506 b

1    (225 ILCS 410/4-18.5 new)
2    Sec. 4-18.5. Citations.
3    (a) The Department may adopt rules to permit the issuance
4of citations for unlicensed practice, practice on an expired
5license, failure to register a salon or shop, operating a salon
6or shop on an expired registration, aiding and abetting
7unlicensed practice, failure to display a license as required
8by this Act, or any violation of sanitary rules. The citation
9shall be issued to the licensee or other person alleged to have
10committed one or more of the preceding violations and shall
11contain the licensee's or other person's name and address, the
12licensee's license number, if any, a brief factual statement,
13the Sections of this Act or the rules allegedly violated, and
14the penalty imposed, which shall not exceed $500. The citation
15must clearly state that if the cited person wishes to dispute
16the citation, he or she may request in writing, within 30 days
17after the citation is served, a hearing before the Department.
18If the cited person does not request a hearing within 30 days
19after the citation is served, then the citation shall become a
20final order and shall constitute discipline and any fine
21imposed is due and payable. If the cited person requests a
22hearing within 30 days after the citation is served, the
23Department shall afford the cited person a hearing conducted in
24the same manner as a hearing provided in this Act for any
25violation of this Act and shall determine whether the cited
26person committed the violation as charged whether the fine as

 

 

HB3545- 67 -LRB099 07048 AMC 31506 b

1levied is warranted. No fine shall be increased but may be
2reduced. If the violation is found, any fine shall be due and
3payable within 30 days of the order of the Secretary.
4    (b) A citation must be issued within 6 months after the
5reporting of a violation that is the basis for the citation.
6    (c) Service of a citation shall be made by personal service
7or certified mail to the licensee at the licensee's address of
8record or to an unlicensed person at his or her last known
9address.
10    (d) Nothing in this Section shall prohibit or limit the
11Department from taking further action pursuant to this Act and
12rules for additional, repeated, or continuing violations.
 
13    (225 ILCS 410/4-25 new)
14    Sec. 4-25. Disposition by consent order. At any point in
15any investigation or disciplinary proceeding provided for in
16this Act, both parties may agree to a negotiated consent order.
17The consent order shall be final upon signature of the
18Secretary.
 
19    (225 ILCS 410/1-9 rep.)
20    (225 ILCS 410/2-4a rep.)
21    (225 ILCS 410/3-8 rep.)
22    (225 ILCS 410/3A-7 rep.)
23    (225 ILCS 410/3C-9 rep.)
24    (225 ILCS 410/3E-4 rep.)

 

 

HB3545- 68 -LRB099 07048 AMC 31506 b

1    (225 ILCS 410/4-4a rep.)
2    (225 ILCS 410/4-18 rep.)
3    (225 ILCS 410/4-23 rep.)
4    Section 15. The Barber, Cosmetology, Esthetics, Hair
5Braiding, and Nail Technology Act of 1985 is amended by
6repealing Sections 1-9, 2-4a, 3-8, 3A-7, 3C-9, 3E-4, 4-4a,
74-18, and 4-23.
 
8    Section 99. Effective date. This Act takes effect upon
9becoming law.

 

 

HB3545- 69 -LRB099 07048 AMC 31506 b

1 INDEX
2 Statutes amended in order of appearance
3    5 ILCS 80/4.26
4    5 ILCS 80/4.36 new
5    225 ILCS 410/1-4
6    225 ILCS 410/1-6from Ch. 111, par. 1701-6
7    225 ILCS 410/1-6.5 new
8    225 ILCS 410/1-7from Ch. 111, par. 1701-7
9    225 ILCS 410/1-10from Ch. 111, par. 1701-10
10    225 ILCS 410/1-11from Ch. 111, par. 1701-11
11    225 ILCS 410/1-12 new
12    225 ILCS 410/2-2from Ch. 111, par. 1702-2
13    225 ILCS 410/2-3from Ch. 111, par. 1702-3
14    225 ILCS 410/2-4from Ch. 111, par. 1702-4
15    225 ILCS 410/2-7from Ch. 111, par. 1702-7
16    225 ILCS 410/2-9
17    225 ILCS 410/2-10 new
18    225 ILCS 410/2-11 new
19    225 ILCS 410/3-2from Ch. 111, par. 1703-2
20    225 ILCS 410/3-3from Ch. 111, par. 1703-3
21    225 ILCS 410/3-4from Ch. 111, par. 1703-4
22    225 ILCS 410/3-7from Ch. 111, par. 1703-7
23    225 ILCS 410/3-9 new
24    225 ILCS 410/3-10 new
25    225 ILCS 410/3A-6from Ch. 111, par. 1703A-6

 

 

HB3545- 70 -LRB099 07048 AMC 31506 b

1    225 ILCS 410/3A-8 new
2    225 ILCS 410/3B-2from Ch. 111, par. 1703B-2
3    225 ILCS 410/3B-10
4    225 ILCS 410/3B-11
5    225 ILCS 410/3B-12
6    225 ILCS 410/3B-13
7    225 ILCS 410/3B-17 new
8    225 ILCS 410/3B-18 new
9    225 ILCS 410/3C-8from Ch. 111, par. 1703C-8
10    225 ILCS 410/3C-10 new
11    225 ILCS 410/3D-5
12    225 ILCS 410/3E-5
13    225 ILCS 410/3E-7 new
14    225 ILCS 410/4-2from Ch. 111, par. 1704-2
15    225 ILCS 410/4-5from Ch. 111, par. 1704-5
16    225 ILCS 410/4-7from Ch. 111, par. 1704-7
17    225 ILCS 410/4-9from Ch. 111, par. 1704-9
18    225 ILCS 410/4-10from Ch. 111, par. 1704-10
19    225 ILCS 410/4-13from Ch. 111, par. 1704-13
20    225 ILCS 410/4-14from Ch. 111, par. 1704-14
21    225 ILCS 410/4-15from Ch. 111, par. 1704-15
22    225 ILCS 410/4-16from Ch. 111, par. 1704-16
23    225 ILCS 410/4-17from Ch. 111, par. 1704-17
24    225 ILCS 410/4-18.5 new
25    225 ILCS 410/4-25 new
26    225 ILCS 410/1-9 rep.

 

 

HB3545- 71 -LRB099 07048 AMC 31506 b

1    225 ILCS 410/2-4a rep.
2    225 ILCS 410/3-8 rep.
3    225 ILCS 410/3A-7 rep.
4    225 ILCS 410/3C-9 rep.
5    225 ILCS 410/3E-4 rep.
6    225 ILCS 410/4-4a rep.
7    225 ILCS 410/4-18 rep.
8    225 ILCS 410/4-23 rep.