Full Text of SB2442 94th General Assembly
SB2442sam001 94TH GENERAL ASSEMBLY
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Sen. Terry Link
Filed: 2/10/2006
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| AMENDMENT TO SENATE BILL 2442
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| AMENDMENT NO. ______. Amend Senate Bill 2442 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 1. Short title. This Act may be cited as the | 5 |
| Construction Contractor Licensing Act. | 6 |
| Section 5. Definitions. In this Act:
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| "Board" means the Construction Contractor Licensing Board. | 8 |
| "Construction" means building, altering, repairing, | 9 |
| improving, or demolishing any structure or building or making | 10 |
| improvements of any kind to real property. | 11 |
| "Construction contractor" means a person who manages the | 12 |
| daily activities of a construction business, including field | 13 |
| supervision. | 14 |
| "Department" means the Department of Financial and | 15 |
| Professional Regulation. | 16 |
| "Foreman" means a person who has the knowledge and skill of | 17 |
| a journeyman and directly supervises an aspect of the | 18 |
| construction process. | 19 |
| "General construction contractor" means a construction | 20 |
| contractor whose business operations require the use of more | 21 |
| than 2 unrelated building trades or crafts that the | 22 |
| construction contractor supervises or performs, in whole or | 23 |
| part, whenever the sum of all contracts on any single property, | 24 |
| including materials and labor, exceeds an amount established by |
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| rule by the Board. "General construction contractor" does not | 2 |
| include specialty contractors or limited contractors.
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| "Journeyman" means a person who has completed an | 4 |
| apprenticeship program approved by the Department or is an | 5 |
| experienced worker, not a trainee, and is fully qualified and | 6 |
| able to perform an aspect of the construction process without | 7 |
| supervision. | 8 |
| "Licensed developer" means a construction contractor who | 9 |
| owns property or an interest in property and arranges for | 10 |
| construction work, if the construction contractor: | 11 |
| (1) engages in the business of arranging for | 12 |
| construction work and performing other activities | 13 |
| associated with the improvement of real property, with the | 14 |
| intent to sell the property; | 15 |
| (2) acts in association with one or more licensed | 16 |
| general construction contractors and the general | 17 |
| construction contractor or general construction | 18 |
| contractors have the sole responsibility of overseeing all | 19 |
| phases of construction activity on the property; and | 20 |
| (3) does not perform any construction work on the | 21 |
| property. | 22 |
| "Person" means an individual, partnership, or corporation. | 23 |
| "Person" does not include a limited liability company. | 24 |
| "Residential structure" means a residence, including a | 25 |
| site-built home, modular home constructed off-site, floating | 26 |
| home, condominium unit, manufactured dwelling or duplex, or a | 27 |
| multi-unit residential building consisting of four units or | 28 |
| less that is not part of a multi-structure complex of | 29 |
| buildings. | 30 |
| "Secretary" means the Secretary of Financial and | 31 |
| Professional Regulation.
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| Section 10. Licensure requirement.
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| (a) Beginning July 1, 2006, a person may not act as a |
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| construction contractor on a project in which the total | 2 |
| aggregate cost of labor and materials for one or more of the | 3 |
| construction contractor's contracts is $500 or more, unless the | 4 |
| construction contractor is licensed under this Act. | 5 |
| (b) Beginning July 1, 2006, a construction contractor may | 6 |
| not submit any construction contract bid, unless the | 7 |
| construction contractor is licensed under this Act.
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| Section 15. Construction Contractor Licensing Board.
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| (a) There is created the Construction Contractor Licensing | 10 |
| Board, which shall consist of 7 persons appointed by the | 11 |
| Secretary, 6 of whom shall be licensees under this Act, except | 12 |
| that in the case of initial appointments, these licensed Board | 13 |
| members shall meet the requirements for licensure under this | 14 |
| Act and shall have obtained licensure by July 1, 2006, and one | 15 |
| of whom shall be a knowledgeable public member who is not | 16 |
| licensed under this Act or any Act administered by the | 17 |
| Department. One construction contractor member shall represent | 18 |
| a statewide association representing contractors. Board | 19 |
| membership shall reasonably represent the different geographic | 20 |
| areas of the State. | 21 |
| (b) The persons appointed shall hold office for 4 years and | 22 |
| until a successor is appointed and has qualified. Of the | 23 |
| members of the Board first appointed. 2 shall be appointed to | 24 |
| serve for 2 years, 2 shall be appointed to serve for 3 years, | 25 |
| and 3 shall
be appointed to serve for 4 years. No member shall | 26 |
| serve more than 2 complete 4-year terms.
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| (c) Members of the Board shall be immune from suit in any | 28 |
| action based upon any disciplinary proceedings or other acts | 29 |
| performed in good faith as members of the Board, unless the | 30 |
| conduct that gave rise to the suit was willful and wanton | 31 |
| misconduct. | 32 |
| (d) Within 90 days of a vacancy occurring, the Secretary | 33 |
| shall fill the vacancy for the unexpired portion of the term |
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| with an appointee who meets the same qualifications as the | 2 |
| person whose position has become vacant. The Board shall meet | 3 |
| annually to elect one member as chairman and one member as | 4 |
| vice-chairman. No officer shall be elected more than twice in | 5 |
| succession to the same office. | 6 |
| (e) The members of the Board shall receive reimbursement | 7 |
| for actual, necessary, and authorized expenses incurred in | 8 |
| attending the meetings of the Board. | 9 |
| Section 20. Exemptions from licensure; rules.
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| (a) The Board may adopt rules to make licensure optional | 11 |
| for persons who offer, bid, or undertake to perform work | 12 |
| peripheral to construction, as defined by the Board by rule. | 13 |
| (b) The following persons are exempt from licensure under | 14 |
| this Act: | 15 |
| (1) A person who is constructing, altering, improving, | 16 |
| or repairing personal property. | 17 |
| (2) A person who is constructing, altering, improving, | 18 |
| or repairing a structure located within the boundaries of | 19 |
| any site or reservation under the jurisdiction of the | 20 |
| federal government. | 21 |
| (3) A person who furnishes materials, supplies, | 22 |
| equipment, or finished product and does not fabricate them | 23 |
| into, or consume them in the performance of, the work of a | 24 |
| contractor. | 25 |
| (4) A person working on one structure or project, under | 26 |
| one or more contracts, when the aggregate price of all of | 27 |
| that person's contracts for labor, materials, and all other | 28 |
| items is less than $500 and such work is of a casual, | 29 |
| minor, or inconsequential nature. | 30 |
| (c) This Section does not apply to a person who advertises | 31 |
| or puts out any sign or card or other device that might | 32 |
| indicate to the public that the person is a contractor. |
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| Section 25. Powers and duties of the Department. The | 2 |
| Department may exercise each of the following powers and duties | 3 |
| subject to the provisions of this Act: | 4 |
| (1) Prescribe forms of application for licensure. | 5 |
| (2) Pass upon the qualifications of applicants for | 6 |
| licensure and issue licenses to those found to be fit and | 7 |
| qualified. | 8 |
| (3) Conduct hearings on proceedings to revoke, | 9 |
| suspend, or otherwise discipline or to refuse to issue or | 10 |
| renew licenses. | 11 |
| (4) Adopt rules necessary for the administration and | 12 |
| enforcement of this Act.
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| Section 30. Application for license.
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| (a) To obtain a license, an applicant must indicate whether | 15 |
| the license is sought for an individual, partnership, or | 16 |
| corporation. If the license is sought for an individual, the | 17 |
| license shall be issued to the individual, who shall also be | 18 |
| designated as the qualifying party. If the license is sought | 19 |
| for a partnership or corporation, the license shall be issued | 20 |
| in the company name. A company must designate one individual | 21 |
| who will serve as the qualifying party. The qualifying party | 22 |
| must have had, within the 10 years immediately before the | 23 |
| filing of the application, at least 4 full years of experience | 24 |
| as a journeyman, foreman, or contractor in the construction | 25 |
| industry. The applicant shall submit an application in writing | 26 |
| to the Department on a form prescribed by the Department and | 27 |
| accompanied by a $250 non-refundable application processing | 28 |
| fee. The application shall include, but need not be limited to, | 29 |
| all of the following information: | 30 |
| (1) The name, principal place of business, address, and | 31 |
| telephone number of the person designated as the qualifying | 32 |
| party. | 33 |
| (2) If a corporation, the name, address, telephone |
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| number, and position of each officer. | 2 |
| (3) A description of the construction contracting | 3 |
| business for which licensure is sought, including the | 4 |
| principal products and services provided.
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| (4) Satisfactory evidence of any experience within the | 6 |
| construction contracting field, such as a certificate of | 7 |
| completion of apprenticeship or a college transcript. | 8 |
| (5) Satisfactory evidence that the construction | 9 |
| contractor has obtained Workers' Compensation insurance | 10 |
| covering his or her employees or is approved as a | 11 |
| self-insurer of
Workers' Compensation, in accordance with | 12 |
| Illinois law. | 13 |
| (6) Satisfactory evidence that the construction | 14 |
| contractor has submitted a bond to the Department in an | 15 |
| amount to be determined by the Department by rule. | 16 |
| (b) The Department may credit years of experience based on | 17 |
| training, apprenticeship, and education as follows: | 18 |
| (1) A maximum of one and a one-half years, upon the | 19 |
| submission of
evidence of a degree from a school accredited | 20 |
| by the Bureau of Apprenticeship and Training. | 21 |
| (2) A maximum of 2 years, upon the submission of proof | 22 |
| of any of the following: | 23 |
| (A) A 4-year degree from an accredited college or | 24 |
| university in the fields of accounting, business, | 25 |
| economics, mathematics, physics, or areas related to | 26 |
| the construction trades. | 27 |
| (B) A professional degree in law. | 28 |
| (C) Substantial college or university course work | 29 |
| in accounting, architecture, business, construction | 30 |
| technology, drafting, economics, engineering, | 31 |
| mathematics, or physics.
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| (3) A maximum of 3 years, upon the submission of either | 33 |
| (i) a certificate of completion
of apprenticeship from an | 34 |
| accredited apprenticeship program or (ii) proof of the |
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| successful completion of
a 4-year degree from an accredited | 2 |
| college or university in architecture, construction | 3 |
| technology, or any field of engineering that is directly | 4 |
| related to construction. | 5 |
| (c) The licensee must provide notice to the Department, in | 6 |
| writing, of any changes in the information required to be | 7 |
| provided on the application. | 8 |
| (d) Applicants have 3 years from the date of application to | 9 |
| complete the application process. If the application has not | 10 |
| been completed within the 3-year time period, then the | 11 |
| application shall be denied, the fee shall be forfeited, and | 12 |
| the applicant must reapply and meet the requirements in effect | 13 |
| at the time of reapplication. | 14 |
| Section 35. Duties of a qualifying party. | 15 |
| (a)
While engaged as or named as a qualifying party for a | 16 |
| licensee, no person may be the named qualifying party for any | 17 |
| other licensee; however, the person may act in the
capacity of | 18 |
| the qualifying party for one additional licensee of the same | 19 |
| type of licensure, if either of the following conditions | 20 |
| exists: | 21 |
| (1) there is a common ownership of at least 25% of each | 22 |
| licensed entity for which the person acts as a qualifying | 23 |
| party; or | 24 |
| (2) the same person acts as a qualifying party for one | 25 |
| licensed entity and its licensed subsidiary. | 26 |
| (b) In the event that a qualifying party is terminated or | 27 |
| elects to terminate his or her status as the qualifying party | 28 |
| of a licensee, the qualifying party and the licensee shall | 29 |
| notify the Department of that fact in writing. Thereafter, the | 30 |
| licensee shall notify the Department of the name and address of | 31 |
| the newly designated qualifying party. The requirements of this | 32 |
| subsection (b) must be met in a timely manner, as established | 33 |
| by the Department by rule. |
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| (c) In this Section, "subsidiary" means a corporation which | 2 |
| is at least 25% owned by another licensee. | 3 |
| Section 40. Bond.
Before issuing or renewing a license, | 4 |
| the Department shall require each applicant or licensee to file | 5 |
| and maintain in force a surety bond, issued by an insurance | 6 |
| company authorized to transact fidelity and surety business in | 7 |
| Illinois. The bond shall be continuous in form, unless | 8 |
| terminated by the insurance company. An insurance company may | 9 |
| terminate a bond and avoid further liability by filing a 60-day | 10 |
| notice of termination with the Department and, at the same | 11 |
| time, sending the notice to the construction contractor. A | 12 |
| license shall be cancelled without hearing on the termination | 13 |
| date of the construction contractor's bond, unless a new bond | 14 |
| is filed with the Department to become effective at the | 15 |
| termination date of the prior bond. If a license has been | 16 |
| cancelled without hearing under this Section, the license shall | 17 |
| be reinstated upon showing proof of compliance with this | 18 |
| Section. | 19 |
| Section 45. Expiration of license.
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| (a) A license issued under this Act shall expire 2 years | 21 |
| from the last day of the month in which it was issued. | 22 |
| (b) Failure to renew a license before its date of | 23 |
| expiration shall cause the license to be non-renewed and it | 24 |
| shall be unlawful thereafter for the holder of the expired | 25 |
| license to engage or offer to engage in a construction | 26 |
| contracting business under the license unless and until the | 27 |
| license is restored or reissued, as defined by rule.
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| Section 50. Licensure by endorsement.
The Board may grant | 29 |
| a license to an applicant holding a license or certificate in | 30 |
| good standing in another state whose requirements for licensure | 31 |
| or
certification are equal to or greater than those required by |
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| this Act, if the Board has authorized an exam waiver agreement | 2 |
| with that state. An applicant may be exempt from the technical | 3 |
| examination required for licensure if the applicant can verify | 4 |
| the successful completion of an examination in another state | 5 |
| that is essentially the same as the examination required by the | 6 |
| Department, regardless of the absence of a reciprocal agreement | 7 |
| with that state. An applicant for licensure under this Section | 8 |
| may be required to pass an examination on Illinois construction | 9 |
| codes and laws and must comply with all other licensing | 10 |
| requirements of this Act.
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| Section 55. Public records.
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| (a) Except for financial information, the information | 13 |
| required by the Department of any applicant for licensure shall | 14 |
| be a public record. | 15 |
| (b) If a licensee changes the name, address, or employment | 16 |
| from that which appears on the current license, the licensee | 17 |
| shall notify the Department of the change within 30 days after | 18 |
| it occurs. | 19 |
| (c) All public records of the Department, when duly | 20 |
| certified by the
Secretary, shall be received as prima facie | 21 |
| evidence in any State administrative or judicial proceeding. | 22 |
| Section 60. Building permit; reporting violations.
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| (a) A building official or other authority charged with | 24 |
| issuing building or other similar permits of a county, | 25 |
| municipality, or subdivision of a county or municipality shall | 26 |
| refuse to issue a permit for an undertaking that would result | 27 |
| in the applicant acting as a construction contractor under this | 28 |
| Act unless the applicant has furnished evidence
that the | 29 |
| applicant is either licensed as required by this Act or exempt | 30 |
| from the requirements of this Act. A building official or other | 31 |
| authority charged with issuing building or other similar | 32 |
| permits shall report to the Department the name and address of |
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| an entity believed to have violated this Act by bidding or | 2 |
| contracting for work that is regulated under this Act. | 3 |
| (b) The Board shall distribute posters to each building | 4 |
| permit office in the State, requesting that the posters be | 5 |
| placed in a conspicuous location to be read by applicants. | 6 |
| These posters shall state the following:
"The Construction | 7 |
| Contractor Licensing Act requires construction to be performed | 8 |
| by licensed construction contractors. Both the owner and the | 9 |
| construction contractor are subject to penalties for | 10 |
| violations of the law.".
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| (c) Construction contracting work must be performed by | 12 |
| properly licensed construction contractors. All persons | 13 |
| directly employed by the owner to perform work on a project are | 14 |
| subject to all applicable State and federal laws concerning | 15 |
| occupational safety, family and medical leave, workers' | 16 |
| compensation, social security, income tax withholding, and | 17 |
| minimum wage requirements. Work performed must comply with all | 18 |
| applicable laws, ordinances, building codes, and zoning | 19 |
| regulations. | 20 |
| Section 65. Bankruptcy notification.
A licensee who, | 21 |
| voluntarily or involuntarily, is subjected to any provision of | 22 |
| the laws of bankruptcy shall notify the Board within 15 days | 23 |
| after subjection and provide any and all information pertinent | 24 |
| to the bankruptcy proceedings that the Board may require. | 25 |
| Section 70. Grounds for disciplinary action.
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| (a) The Department nay refuse to issue or to renew or may | 27 |
| revoke, suspend, place on probation, reprimand, or take other | 28 |
| disciplinary action as the Department may deem
proper including | 29 |
| fines not to exceed $1,000 for each violation, with regard to | 30 |
| any license or licensee for one or any combination of the | 31 |
| following causes: | 32 |
| (1) Violation of this Act or its rules. |
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| (2) Conviction of any crime under the laws of any U.S. | 2 |
| jurisdiction that is a felony, or a misdemeanor an | 3 |
| essential element of which is dishonesty, or a crime that | 4 |
| directly relates to the practice of the profession. | 5 |
| (3) Making any misrepresentation for the purpose of | 6 |
| obtaining a license. | 7 |
| (4) Professional incompetence or gross negligence in | 8 |
| the practice of construction contracting. | 9 |
| (5) Gross malpractice, prima facie evidence of which | 10 |
| may be a conviction or judgment of malpractice in any court | 11 |
| of competent jurisdiction. | 12 |
| (6) Aiding or assisting another person in violating any | 13 |
| provision of this Act or rules adopted under this Act.
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| (7) Failing, within 60 days, to provide information in | 15 |
| response to a written request made by the Department that | 16 |
| has been sent by certified or registered mail to the | 17 |
| licensee's last known address.
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| (8) Engaging in dishonorable, unethical, or | 19 |
| unprofessional conduct of a character likely to deceive, | 20 |
| defraud, or harm the public. | 21 |
| (9) Habitual or excessive use of, or addiction to, | 22 |
| alcohol, narcotics, stimulants, or
any other chemical | 23 |
| agent or drug that results in the inability to practice | 24 |
| with reasonable judgment, skill, or safety. | 25 |
| (10) Discipline by another U.S. jurisdiction or | 26 |
| foreign nation, if at least one of the grounds for the | 27 |
| discipline is the same or substantially equivalent to those | 28 |
| set forth
in this Section. | 29 |
| (11) Directly or indirectly giving to or receiving from | 30 |
| any person, firm, corporation, partnership, or association | 31 |
| any fee, commission, rebate, or other form of compensation | 32 |
| for any professional services not actually or personally | 33 |
| rendered. | 34 |
| (12) A finding by the Department that a licensee, after |
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| having his or her license placed on probationary status, | 2 |
| has violated the terms of probation. | 3 |
| (13) Conviction by any court of competent | 4 |
| jurisdiction, either within or without this State, of any | 5 |
| violation of any law governing the practice of construction | 6 |
| contracting, if the Department determines, after | 7 |
| investigation, that such person has not been sufficiently | 8 |
| rehabilitated to warrant the public trust. | 9 |
| (14) A finding that licensure has been applied for or | 10 |
| obtained by fraudulent means. | 11 |
| (15) Practicing, attempting to practice, or | 12 |
| advertising under a name other than the full name as shown | 13 |
| on the license or any other legally authorized name. | 14 |
| (16) Gross and willful overcharging for professional | 15 |
| services including filing false statements for collection | 16 |
| of fees or moneys for which services are not rendered.
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| (17) Failure to file a return, or to pay any final | 18 |
| assessment of tax, penalty or interest, as required by any | 19 |
| tax Act administered by the Illinois Department of Revenue, | 20 |
| until such time as the requirements of any such tax Act are | 21 |
| satisfied. | 22 |
| (18) Failure to continue to meet the requirements of | 23 |
| this Act. | 24 |
| (19) Physical or mental disability, including | 25 |
| deterioration through the aging
process or loss of | 26 |
| abilities and skills that result in an inability to | 27 |
| practice the profession with reasonable judgment, skill, | 28 |
| or safety. | 29 |
| (20) Material misstatement in furnishing information | 30 |
| to the Department or to any other State agency. | 31 |
| (21) Advertising in any manner that is false. | 32 |
| misleading, or deceptive. | 33 |
| (22) The determination by a court that a licensee is | 34 |
| subject to involuntary admission or judicial admissions as |
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| provided in the Mental Health and Developmental | 2 |
| Disabilities Code. Such determination shall result in an | 3 |
| automatic suspension of a licensee's license. The | 4 |
| suspension shall end upon a finding by a court that the | 5 |
| licensee is no longer subject to involuntary admission or | 6 |
| judicial admission, the issuance of an order so finding and | 7 |
| discharging the patient, and the recommendation of the | 8 |
| Board to the Secretary that the licensee be allowed to | 9 |
| resume professional practice. | 10 |
| (b) The Department shall deny any license or renewal under | 11 |
| this Act to any person who has defaulted on an educational loan | 12 |
| guaranteed by the Illinois State Scholarship Commission; | 13 |
| however, the Department may issue a license or renewal if the | 14 |
| person in default has established a satisfactory repayment | 15 |
| record as determined by the Illinois State Scholarship | 16 |
| Commission. | 17 |
| Section 75. Stenographer; record of proceedings.
The | 18 |
| Department, at its expense, shall provide a stenographer to | 19 |
| take down the testimony and preserve a record of all | 20 |
| proceedings initiated pursuant to this Act, the rules for the | 21 |
| administration of this Act, or any other Act or rules relating | 22 |
| to this Act and proceedings for restoration of any license | 23 |
| issued under this Act. The notice of hearing, complaint, | 24 |
| answer, and all other documents in the nature of pleadings and | 25 |
| written
motions and responses filed in the proceedings, the | 26 |
| transcript of the testimony, all exhibits admitted into | 27 |
| evidence, the report of the hearing officer, the Board's | 28 |
| findings of fact, conclusions of law, and recommendations to | 29 |
| the Secretary, and the order shall be the record of the | 30 |
| proceedings. The Department shall furnish a transcript of the | 31 |
| record to any person interested in the hearing upon payment of | 32 |
| the fee required under Section 2105-115 of the Department of | 33 |
| Professional Regulation Law (20 ILCS 2105/2105-115). |
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| Section 80. Attendance of witnesses; production of | 2 |
| documents; contempt.
Any circuit court may, upon application | 3 |
| of the Department or its designee or of the applicant or | 4 |
| licensee against whom proceedings are pending, enter an order | 5 |
| requiring the attendance of witnesses and their testimony, and | 6 |
| the production of documents, papers, files, books and records | 7 |
| in connection with any hearing or investigation. The court may | 8 |
| compel obedience to its order by proceedings for contempt. | 9 |
| Section 85. Subpoenas; oaths. The Department has the power | 10 |
| to subpoena and bring before it any person in this State to | 11 |
| take testimony either orally or by deposition or both, or to | 12 |
| subpoena documents, exhibits, or other materials with the same | 13 |
| fees and mileage and in the same manner as prescribed by law in | 14 |
| judicial proceedings in civil cases in circuit courts of this | 15 |
| State. | 16 |
| The Secretary and any member of the Board have the power to | 17 |
| administer oaths to witnesses at any hearing that the | 18 |
| Department or Board is authorized by law to conduct. Further, | 19 |
| the Secretary has power to administer any other oaths required | 20 |
| or authorized to be administered by the Department under this | 21 |
| Act. | 22 |
| Section 95. Findings of facts, conclusions of law, and | 23 |
| recommendations; order.
Within 60 days after the Department's | 24 |
| receipt of the transcript of any hearing that is conducted | 25 |
| pursuant to this Act or the rules for its enforcement or any | 26 |
| other statute or rule requiring a hearing under this Act or the | 27 |
| rules for its enforcement, or for any hearing related to | 28 |
| restoration of any license issued pursuant to this Act, the | 29 |
| hearing officer shall submit his or her written findings and | 30 |
| recommendations to the Board. The Board shall review the report | 31 |
| of the hearing officer and shall present its findings of fact, |
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| conclusions of law, and recommendations to the Secretary by the | 2 |
| date of the Board's second meeting following the Board's | 3 |
| receipt of the hearing officer's report. | 4 |
| A copy of the findings of fact, conclusions of law, and | 5 |
| recommendations to the Secretary shall be served upon the | 6 |
| accused person, either personally or by registered or certified | 7 |
| mail. Within 20 days after service, the accused person may | 8 |
| present to the Department a written motion for a rehearing, | 9 |
| which shall state the particular grounds therefor. If the | 10 |
| accused person orders and pays for a transcript pursuant to | 11 |
| Section 75, then the time elapsing thereafter and before the | 12 |
| transcript is ready for delivery to him or her shall not be | 13 |
| counted as part of the 20 days. | 14 |
| The Secretary shall issue an order based on the findings of | 15 |
| fact, conclusions of law, and recommendations to the Secretary. | 16 |
| If the Secretary disagrees in any regard with the findings | 17 |
| of fact, conclusions of law, and recommendations to the | 18 |
| Secretary, he or she may issue an order in contravention of the | 19 |
| findings of fact, conclusions of law, and recommendations to | 20 |
| the Secretary.
If the Secretary issues an order in | 21 |
| contravention of the findings of fact, conclusions of law, and | 22 |
| recommendations to the Secretary, the Secretary shall notify | 23 |
| the Board in writing with an explanation for any deviation from | 24 |
| the Board's findings of fact, conclusions of law, and | 25 |
| recommendations to the Secretary within 30 days of the | 26 |
| Secretary's entry of the order. | 27 |
| Section 100. Temporary suspension. The Secretary may | 28 |
| temporarily suspend the license of a construction contractor | 29 |
| without a hearing, simultaneously with the institution of | 30 |
| proceedings for a hearing provided for in this Act, if the | 31 |
| Secretary finds that evidence in his or her possession | 32 |
| indicates that continuation in practice would constitute an | 33 |
| imminent danger to the public. In the event that the Secretary |
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| temporarily suspends a license without a hearing, a hearing by | 2 |
| the Department shall be held within 30 days after such | 3 |
| suspension has occurred. | 4 |
| Section 105. Review under Administrative Review Law.
All | 5 |
| final administrative decisions of the Department are subject to | 6 |
| judicial review pursuant to the Administrative Review Law and | 7 |
| its rules. The term "administrative decision" is defined as in | 8 |
| Section 3-101 of the Code of Civil Procedure. | 9 |
| Section 110. Violations. Any person who is found to have | 10 |
| knowingly violated any provision of this Act is guilty of a | 11 |
| Class A misdemeanor. On conviction of a second or subsequent | 12 |
| offense the violator is guilty of a Class 4 felony. | 13 |
| Section 115. Administrative Procedure Act.
The Illinois | 14 |
| Administrative Procedure Act is hereby expressly adopted and
| 15 |
| incorporated herein as if all of the provisions of that Act | 16 |
| were included in this Act, except
that the provision of | 17 |
| subsection (d) of Section 10-65 of the Illinois Administrative | 18 |
| Procedure Act that provides that, at hearings, the licensee has | 19 |
| the right to show compliance with all lawful requirements for | 20 |
| retention, continuation, or renewal of the license is | 21 |
| specifically excluded. For the purpose of this Act the notice | 22 |
| required under Section 10-25 of the Administrative Procedure | 23 |
| Act is deemed sufficient when mailed to the last known address | 24 |
| of a party. | 25 |
| Section 120. Certification of record; costs.
The | 26 |
| Department shall not be required to certify any record to the | 27 |
| court, to file an answer in court, or to otherwise appear in | 28 |
| any court in a judicial review proceeding, unless there is | 29 |
| filed in the court, with the complaint, a receipt from the | 30 |
| Department acknowledging payment of the costs of furnishing and |
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| certifying the record. Failure on the part of the plaintiff to | 2 |
| file the receipt in court is grounds for dismissal of the | 3 |
| action. | 4 |
| Section 125. Returned checks; fines.
Any person who | 5 |
| delivers a check or other payment to the Department pursuant to | 6 |
| this Act that is returned to the Department unpaid by the | 7 |
| financial institution upon which it is drawn shall pay to the | 8 |
| Department, in addition to the amount already owed to the | 9 |
| Department, a fine of $50. The fines imposed by this Section | 10 |
| are in addition to any other discipline provided for under this | 11 |
| Act for unlicensed practice or practice on a nonrenewed | 12 |
| license. The Department shall notify the person that payment of | 13 |
| fees and fines shall be paid to the Department by certified | 14 |
| check or money order within 30 calendar days of the | 15 |
| notification. If, after the expiration of 30 days from the date | 16 |
| of the notification, the person has failed to submit the | 17 |
| necessary remittance, the Department shall automatically | 18 |
| terminate the license or deny the application, without hearing. | 19 |
| If, after termination or denial, the person seeks a license, he | 20 |
| or she shall apply to the Department for restoration or | 21 |
| issuance of the license and pay all the application fees as set | 22 |
| by rule. The Department may establish a fee for the processing | 23 |
| of an application for restoration of a license to pay all | 24 |
| expenses of processing this application. The Secretary may | 25 |
| waive the fines due under this Section in individual cases | 26 |
| where the Secretary finds that the fines would be unreasonable | 27 |
| or unnecessarily
burdensome. | 28 |
| Section 130. Hearing officers.
The Secretary has the | 29 |
| authority to appoint any attorney duly licensed to practice law | 30 |
| in the State of Illinois to serve as the hearing officer for | 31 |
| any action for refusal to issue or renew a license, for | 32 |
| discipline of a licensee for sanctions for unlicensed practice, |
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| for restoration of a license, or for any other action for which | 2 |
| findings of fact, conclusions of law, and recommendations are | 3 |
| required pursuant to Section 70 of this Act. The hearing | 4 |
| officer shall have full authority to conduct the hearing and | 5 |
| shall issue his or her findings of fact and recommendations to | 6 |
| the Board pursuant to Section 70 of this Act. | 7 |
| Section 135. Investigation; notice; default.
The | 8 |
| Department may investigate the actions of any applicant or any | 9 |
| person or persons holding or claiming to hold a license. The | 10 |
| Department shall, before suspending, revoking, placing on | 11 |
| probationary status, or taking any other disciplinary action | 12 |
| that the Department may deem proper with regard to any license, | 13 |
| at least 30 days prior to the date set for the hearing, notify | 14 |
| the accused, in writing, of any charges made and the time and | 15 |
| place for a hearing on the charges before the hearing officer, | 16 |
| direct the accused to file a written answer with the hearing | 17 |
| officer, under oath, within 30 days after the service to the | 18 |
| accused, and inform the accused that the accused's license may | 19 |
| be suspended, revoked, placed on probationary status, or
other | 20 |
| disciplinary action, including limiting the scope, nature or | 21 |
| extent of the accused person's practice, as the Department may | 22 |
| deem proper, taken. This written notice may be served by | 23 |
| personal delivery or certified or registered mail to the | 24 |
| accused. In case the person fails to file an answer after | 25 |
| receiving notice, that person's license may, in the discretion | 26 |
| of the Department, be suspended, revoked, or placed on | 27 |
| probationary status, or the Department may take whatever | 28 |
| disciplinary action deemed proper, including limiting the | 29 |
| scope, nature, or extent of the person's practice or the | 30 |
| imposition of a fine, without a hearing, if the act or acts | 31 |
| charged constitute sufficient grounds for such action under | 32 |
| this Act. At the time and place fixed in the notice, the | 33 |
| Department shall proceed to hear the charges and the parties or |
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| their counsel shall be accorded ample opportunity to present | 2 |
| such statements, testimony, evidence, and argument as may be | 3 |
| pertinent to the charges or to their defense. The Department | 4 |
| may continue such hearing from time to time. At the discretion | 5 |
| of the Secretary after having first received the recommendation | 6 |
| of the hearing officer, the accused person's license may be | 7 |
| suspended, revoked, placed on probationary status, or other | 8 |
| disciplinary action may be taken as the Secretary may deem | 9 |
| proper, including limiting the scope, nature, or extent of the | 10 |
| person's practice without a hearing, if the act or acts charged | 11 |
| constitute sufficient grounds for such action under this Act. | 12 |
| Section 140. Enforcement; petition to court.
| 13 |
| (a) If any person violates the provisions of this Act, the | 14 |
| Secretary through the Attorney General of Illinois, or the | 15 |
| State's Attorney of any county in which a violation is alleged | 16 |
| to exist, may in the name of the People of the State of | 17 |
| Illinois petition for an order enjoining such violation or for | 18 |
| an order enforcing compliance with this Act. Upon the
filing of | 19 |
| a verified petition in such court, the court may issue a | 20 |
| temporary restraining order, without notice or bond, and may | 21 |
| preliminarily and permanently enjoin such violation, and if it | 22 |
| is established that such person has violated or is violating | 23 |
| the injunction, the Court may punish the offender for contempt | 24 |
| of court. | 25 |
| (b) If any person shall practice as a licensee or hold | 26 |
| himself or herself out as a licensee without being licensed | 27 |
| under the provisions of this Act, then any person licensed | 28 |
| under this Act, any interested party or any person injured | 29 |
| thereby may, in addition to those officers identified in | 30 |
| subsection (a) of this Section, petition for relief as provided | 31 |
| therein. | 32 |
| (c) Whenever the Department has reason to believe that any | 33 |
| person has violated the licensing requirements of this Act by |
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| practicing, offering to practice, attempting to practice, or | 2 |
| holding himself or herself out as a construction contractor | 3 |
| without being licensed under this Act, the Department may issue | 4 |
| a rule to show cause why an order to cease and desist should | 5 |
| not be entered against that person. The rule shall clearly set | 6 |
| forth the grounds relied upon by the Department and shall | 7 |
| provide a period of 7 days from the date of the rule to file an | 8 |
| answer to the satisfaction of the Department. Failure to answer | 9 |
| to the satisfaction of the Department shall cause an order to | 10 |
| cease and desist to be issued immediately. | 11 |
| (d) Proceedings under this Section shall be in addition to, | 12 |
| and not in lieu of, all other remedies and penalties which may | 13 |
| be provided by law. | 14 |
| Section 145. Unlicensed practice; violation; civil | 15 |
| penalty.
| 16 |
| (a) Any person who practices, attempts to practice, or | 17 |
| holds himself or herself out as a construction contractor | 18 |
| without being licensed under this Act shall, in
addition to any | 19 |
| other penalty provided by law, pay a civil penalty to the | 20 |
| Department in an amount not to exceed $5,000 for each offense | 21 |
| as determined by the Department. The civil penalty shall be | 22 |
| assessed by the Department after a hearing is held in | 23 |
| accordance with the provisions set forth in this Act regarding | 24 |
| the provision of a hearing for the discipline of a licensee. | 25 |
| Each day of violation constitutes a separate offense. | 26 |
| (b) The Department has the authority and power to | 27 |
| investigate any and all unlicensed activity. | 28 |
| (c) The civil penalty shall be paid within 60 days after | 29 |
| the effective date of the order imposing the civil penalty. The | 30 |
| order shall constitute a judgment and may be filed and executed | 31 |
| in the same manner as any judgment from any court of record.
| 32 |
| Section 150. Deposit of fees.
All fees and fines collected |
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| under this Act shall be deposited into the General Professions | 2 |
| Dedicated Fund and shall be appropriated to the Department for | 3 |
| the purpose of administering and enforcing this Act.
| 4 |
| Section 155. Misrepresentation.
If any person suffers | 5 |
| costs or damages as a result of an individual providing a false | 6 |
| or invalid license number or otherwise misleading a person with | 7 |
| respect to licensure by the Board, the injured person may bring | 8 |
| suit in a court of competent jurisdiction to recover damages. | 9 |
| The court may award reasonable attorney's fees to the | 10 |
| prevailing party in an action.
| 11 |
| Section 997. Severability. The provisions of this Act are | 12 |
| severable under Section 1.31 of the Statute on Statutes. | 13 |
| Section 998. The Regulatory Sunset Act is amended by adding | 14 |
| Section 4.27 as follows: | 15 |
| (5 ILCS 80/4.27 new) | 16 |
| Sec. 4.27. Act repealed on January 1, 2017. The following | 17 |
| Act is repealed on January 1, 2017: | 18 |
| The Construction Contractor Licensing Act. | 19 |
| Section 999. Effective date. This Act takes effect upon | 20 |
| becoming law.".
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|