Full Text of HB0474 95th General Assembly
HB0474ham005 95TH GENERAL ASSEMBLY
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Rep. Jack D. Franks
Filed: 4/24/2007
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| AMENDMENT TO HOUSE BILL 474
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| AMENDMENT NO. ______. Amend House Bill 474, AS AMENDED, by | 3 |
| replacing everything after the enacting clause with the | 4 |
| following:
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| "Section 1. Short title. This Act may be cited as the | 6 |
| Residential Building General Contractor Act. | 7 |
| Section 5. Purpose. It is the purpose of this Act to | 8 |
| provide for the registration of residential building general | 9 |
| contractors. | 10 |
| Section 10. Definitions. In this Act: | 11 |
| "Board" means the Residential Building General Contractor | 12 |
| Board. | 13 |
| "Department" means the Department of Labor. | 14 |
| "Director" means the Director of Labor. | 15 |
| "Residential building general contracting" means the |
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| construction, alteration, repair, improvement, movement, | 2 |
| wrecking, or demolishing of or the addition to or subtraction | 3 |
| from any single family dwelling built, being built, or to be | 4 |
| built, for the support, shelter, and enclosure of persons, | 5 |
| animals, chattels, or movable property of any kind.
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| "Residential building general contracting" does not include | 7 |
| (i) the sale, installation, cleaning, or repair of carpets; | 8 |
| (ii) the sale of goods or materials by a merchant who directly | 9 |
| or through a third party performs any work or labor in | 10 |
| connection with the installation or application of the goods or | 11 |
| materials; or (iii) the repair, installation, replacement or | 12 |
| connection of any home appliance, including, but not limited | 13 |
| to, disposals, refrigerators, entertainment systems, ranges, | 14 |
| garage door openers, television antennas, washing machines, | 15 |
| telephones, or other home appliances, by an employee or a third | 16 |
| party acting on behalf of the merchant that sold the home | 17 |
| appliance. | 18 |
| "Residential building general contractor" means any person | 19 |
| who undertakes to, offers to undertake to, purports to have the | 20 |
| capacity to undertake to, submits a bid to, or does himself or | 21 |
| herself or by or through others engage in residential building | 22 |
| general contracting. | 23 |
| Section 12. Exemptions. Persons licensed under the Roofing | 24 |
| Industry Licensing Act are exempt from this Act as long as the | 25 |
| services they provide are limited to those described in the |
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| definition of "roofing contractor" in the Roofing Industry | 2 |
| Licensing Act. | 3 |
| Section 15. Title. Only a residential building general | 4 |
| contractor registered under this Act may use the title | 5 |
| "residential building general contractor" or "registered | 6 |
| residential building general contractor". | 7 |
| Section 20. Unregistered practice; civil penalty. | 8 |
| (a) Beginning on January 1, 2008, any person who practices, | 9 |
| offers to practice, attempts to practice, or holds himself or | 10 |
| herself out to practice residential building general | 11 |
| contracting without being registered under this Act shall, in | 12 |
| addition to any other penalty provided by law, pay a civil | 13 |
| penalty to the Department in an amount not to exceed $10,000 | 14 |
| for each offense as determined by the Department. The civil | 15 |
| penalty shall be assessed by the Department after a hearing is | 16 |
| held in accordance with the provisions set forth in this Act | 17 |
| regarding the provision of a hearing for the discipline of a | 18 |
| registrant. | 19 |
| (b) The Department has the authority and power to | 20 |
| investigate any and all unregistered activities. | 21 |
| (c) The civil penalty imposed under this Section must be | 22 |
| paid within 60 days after the effective date of the order | 23 |
| imposing the civil penalty. The order shall constitute a | 24 |
| judgment and may be filed and execution had thereon in the same |
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| manner as any judgment from any court of record. | 2 |
| Section 22. Building permits. A municipality, county, or | 3 |
| subdivision of a municipality or county that requires a | 4 |
| building permit may not issue a building permit to a | 5 |
| residential building general contractor unless the applicant | 6 |
| has provided sufficient proof that he or she is registered | 7 |
| under this Act. | 8 |
| Section 25. Powers and duties of the Department. | 9 |
| (a) The Department shall exercise the powers and duties | 10 |
| prescribed by the Civil Administrative Code of Illinois for the | 11 |
| administration of licensing Acts and shall exercise such other | 12 |
| powers and duties vested in it by this Act. | 13 |
| (b) The Department shall adopt rules and regulations | 14 |
| necessary for the administration and enforcement of this Act, | 15 |
| including rules and regulations (i) concerning standards and | 16 |
| criteria for registration and for the payment of applicable | 17 |
| fees, (ii) requiring residential building general contractors | 18 |
| to report to the Department the subcontractors it uses and | 19 |
| update the information with each building permit, and (iii) | 20 |
| requiring the sworn testament of a residential building general | 21 |
| contractor that, if he or she employs subcontractors, payment | 22 |
| of such subcontractors shall be made by the residential | 23 |
| building general contractor in cases where payment is made by | 24 |
| the consumer to the residential building general contractor |
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| with the understanding that such subcontracting payments shall | 2 |
| subsequently be made by the residential building general | 3 |
| contractor and requiring the filing of a lien waiver signed by | 4 |
| both the residential building general contractor and the | 5 |
| subcontractor indicating that in cases where the residential | 6 |
| building general contractor fails to remit the designated | 7 |
| payment to the subcontractor, through no fault of the consumer, | 8 |
| the subcontractor may not seek a lien against the property of | 9 |
| the consumer. The Department must consult the Board concerning | 10 |
| these rules and regulations. Notice of proposed rulemaking | 11 |
| shall be transmitted to the Board and the Department shall | 12 |
| review the Board's response and any recommendations made | 13 |
| therein. The Department shall notify the Board in writing of | 14 |
| the explanation for any deviations from the Board's | 15 |
| recommendations and response. | 16 |
| (c) The Department may, at any time, seek the advice and | 17 |
| the expert knowledge of the Board on any matter relating to the | 18 |
| administration of this Act. | 19 |
| (d) The Department must issue a quarterly report to the | 20 |
| Board setting forth the status of all complaints received by | 21 |
| the Department related to the practice of the profession. | 22 |
| (e) The Department must prescribe forms required for the | 23 |
| administration of this Act. | 24 |
| (f) The Department must establish and maintain an Internet | 25 |
| website dedicated to the provision of information to the public | 26 |
| concerning registered residential building general |
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| contractors. The content of the website shall include without | 2 |
| limitation each of the following: | 3 |
| (1) A description of any criminal conviction of a | 4 |
| registrant. For the purposes of this item (1), a person | 5 |
| shall be deemed to be convicted of a crime if he or she has | 6 |
| been found or adjudged guilty by or entered a plea of | 7 |
| guilty in a court of competent jurisdiction. | 8 |
| (2) A description of any civil claim or criminal charge | 9 |
| pending or previously pending against a registrant. | 10 |
| (3) A description of any civil settlement or judgment | 11 |
| entered against a registrant. | 12 |
| (4) A description of any final disciplinary action | 13 |
| taken against a registrant by the Board. | 14 |
| (5) A listing of all previous businesses that a | 15 |
| registrant has owned or was employed with as a residential | 16 |
| building general contractor. | 17 |
| Section 30. Residential Building General Contractor Board. | 18 |
| (a) The Director shall appoint a Residential Building | 19 |
| General Contractor Board comprised of persons who are residents | 20 |
| of this State and who shall serve in an advisory capacity to | 21 |
| the Director. The Board shall consist of 7 members, 4 of whom | 22 |
| shall be individuals experienced in the practice of residential | 23 |
| building general contracting and who meet the requirements for | 24 |
| residential building general contractor registration set forth | 25 |
| under this Act, 2 of whom shall be representatives of a |
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| statewide association representing residential building | 2 |
| general contractors, and one of whom shall be a knowledgeable | 3 |
| public member who is not registered under this Act or any Act | 4 |
| administered by the Department. | 5 |
| (b) Members of the Board shall serve 4-year terms and until | 6 |
| their successors are appointed and qualified, except that of | 7 |
| the members of the Board first appointed, 2 shall be appointed | 8 |
| to serve for 2 years, 2 shall be appointed to serve for 3 | 9 |
| years, and 3 shall be appointed to serve for 4 years. No member | 10 |
| may serve more than 2 complete 4-year terms. | 11 |
| (c) Members of the Board shall be immune from suit in any | 12 |
| action based on any disciplinary proceedings or other acts | 13 |
| performed in good faith as members of the Board, unless the | 14 |
| conduct that gave rise to the suit was willful or wanton | 15 |
| misconduct. | 16 |
| (d) If a vacancy on the Board occurs for any reason | 17 |
| resulting in an unexpired term, within 90 days after the | 18 |
| vacancy first occurs, the Director shall fill the vacancy in | 19 |
| like manner for the unexpired balance of the term only. The | 20 |
| Board shall meet annually to elect one member as chairperson | 21 |
| and one member as vice-chairperson from their number. No | 22 |
| officer may be elected more than 2 times in succession to the | 23 |
| same office. | 24 |
| (e) Board members shall receive reimbursement for actual, | 25 |
| necessary, and authorized expenses incurred in attending the | 26 |
| meetings of the Board.
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| Section 35. Registration requirements. | 2 |
| (a) Every person applying to the Department for | 3 |
| registration must do so in writing on forms prescribed by the | 4 |
| Department and pay the required nonrefundable fee. The | 5 |
| application shall include without limitation all of the | 6 |
| following information: | 7 |
| (1) The name, principal place of business, address, and | 8 |
| telephone number of the applicant. | 9 |
| (2) Verification satisfactory to the Board that the | 10 |
| applicant is at least 18 years of age. | 11 |
| (3) Disclosure of all settlements and judgments | 12 |
| against the applicant. | 13 |
| (4) Disclosure of all civil claims and criminal charges | 14 |
| pending against the applicant. | 15 |
| (b) Before issuing or renewing a certificate of | 16 |
| registration, the Department shall require each applicant or | 17 |
| registrant to file and maintain in force a surety bond, issued | 18 |
| by an insurance company authorized to transact fidelity and | 19 |
| surety business in Illinois. The Department shall set the | 20 |
| requirements of the bond by rule. | 21 |
| (c) The Department may establish further requirements for | 22 |
| registration by rule. | 23 |
| Section 40. Issuance of certificate. Whenever an applicant | 24 |
| for registration has complied with the requirements of Section |
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| 35 of this Act, the Department shall issue a certificate of | 2 |
| registration to the applicant as a registered residential | 3 |
| building general contractor, subject to the provisions of this | 4 |
| Act. | 5 |
| Section 45. Current address. Every registrant under this | 6 |
| Act must maintain a current address with the Department. It | 7 |
| shall be the responsibility of the registrant to notify the | 8 |
| Department in writing of any change of address. | 9 |
| Section 50. Renewal; restoration; military service. | 10 |
| (a) The expiration date and renewal period for each | 11 |
| certificate of registration issued under this Act shall be set | 12 |
| by the Department by rule. | 13 |
| (b) Any person who has permitted his or her certificate of | 14 |
| registration to expire may have his or her certificate of | 15 |
| registration restored by applying to the Department, filing | 16 |
| proof acceptable to the Department of his or her fitness to | 17 |
| have the registration restored, which may include sworn | 18 |
| evidence certifying to active practice in another jurisdiction | 19 |
| satisfactory to the Department and paying the required | 20 |
| restoration fee. If the person has not maintained an active | 21 |
| practice in another jurisdiction satisfactory to the | 22 |
| Department, the Board shall determine, by an evaluation program | 23 |
| established by rule, the person's fitness to resume active | 24 |
| status and may require the successful completion of an |
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| examination. | 2 |
| (c) Any person whose registration has expired while he or | 3 |
| she has been engaged (i) in federal service on active duty with | 4 |
| the Armed Forces of the United States or the State Militia | 5 |
| called into service or training or (ii) in training or | 6 |
| education under the supervision of the United States | 7 |
| preliminary to induction into the military service, may have | 8 |
| his or her certificate of registration renewed or restored | 9 |
| without paying any lapsed renewal fees if, within 2 years after | 10 |
| termination of service, training, or education, other than by | 11 |
| dishonorable discharge, he or she furnishes the Department with | 12 |
| satisfactory evidence to the effect that he or she has been so | 13 |
| engaged and that the service, training, or education has been | 14 |
| so terminated. | 15 |
| (d) Each application for renewal must contain the signature | 16 |
| of the residential building general contractor. | 17 |
| Section 55. Inactive status. | 18 |
| (a) Any residential building general contractor who | 19 |
| notifies the Department in writing on forms prescribed by the | 20 |
| Department may elect to place his or her certificate of | 21 |
| registration on inactive status and shall be excused from | 22 |
| payment of renewal fees until he or she notifies the Department | 23 |
| in writing of his or her desire to resume active status. | 24 |
| (b) Any person whose certificate of registration has been | 25 |
| expired for more than 3 years may have his or her certificate |
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| restored by making application to the Department and filing | 2 |
| proof acceptable to the Department of his or her fitness to | 3 |
| have his or her certificate restored, including evidence | 4 |
| certifying to active practice in another jurisdiction, and by | 5 |
| paying the required restoration fee. | 6 |
| (c) Any residential building general contractor whose | 7 |
| certificate of registration is on inactive status, has been | 8 |
| suspended or revoked, or has expired may not represent himself | 9 |
| or herself to be a residential building general contractor or | 10 |
| use the title "residential building general contractor", | 11 |
| "registered residential building general contractor", or any | 12 |
| other title that includes the words "residential building | 13 |
| general contractor". | 14 |
| Section 60. Fees; disposition of funds. | 15 |
| (a) The Department shall establish by rule a schedule of | 16 |
| fees for the administration and maintenance of this Act. Such | 17 |
| fees shall be nonrefundable. | 18 |
| (b) All fees collected pursuant to this Act shall be | 19 |
| deposited in the Residential Building General Contractor Fund. | 20 |
| All moneys deposited into the Fund may be used for the expenses | 21 |
| of the Department in the administration of this Act. | 22 |
| Section 65. Roster. The Department shall maintain a roster | 23 |
| of the names and addresses of all registrants under this Act. | 24 |
| This roster shall be made available upon written request and |
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| payment of the required fee; however, the Attorney General may | 2 |
| obtain the roster without charge for the purpose of creating | 3 |
| and maintaining an Internet website of residential building | 4 |
| general contractors. | 5 |
| Section 70. Advertising. Any person registered under this | 6 |
| Act may advertise the availability of professional services in | 7 |
| the public media or on the premises where such professional | 8 |
| services are rendered, provided that such advertising is | 9 |
| truthful and not misleading. | 10 |
| Section 75. Injunction; criminal penalty; cease and desist | 11 |
| order. | 12 |
| (a) If any person violates the provisions of this Act, the | 13 |
| Director may, in the name of the People of the State of | 14 |
| Illinois and through the Attorney General or the State's | 15 |
| Attorney of any county in which the action is brought, petition | 16 |
| for an order enjoining such violation and for an order | 17 |
| enforcing compliance with this Act. Upon the filing of a | 18 |
| verified petition in court, the court may issue a temporary | 19 |
| restraining order, without notice or bond, and may | 20 |
| preliminarily and permanently enjoin such violation. If it is | 21 |
| established that such person has violated or is violating the | 22 |
| injunction, the Court may punish the offender for contempt of | 23 |
| court. Proceedings under this Section shall be in addition to, | 24 |
| and not in lieu of, all other remedies and penalties provided |
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| by this Act. | 2 |
| (b) If any person holds himself or herself out as a | 3 |
| "residential building general contractor" or "registered | 4 |
| residential building general contractor" without being | 5 |
| registered under the provisions of this Act, then any | 6 |
| registered residential building general contractor, interested | 7 |
| party, or person injured thereby may, in addition to the | 8 |
| Director, petition for relief as provided in subsection (a) of | 9 |
| this Section. | 10 |
| (c) Whoever holds himself or herself out as a "residential | 11 |
| building general contractor" or "registered residential | 12 |
| building general contractor" in this State without being | 13 |
| registered for that purpose is guilty of a Class A misdemeanor, | 14 |
| and for each subsequent conviction, is guilty of a Class 4 | 15 |
| felony. | 16 |
| (d) Whenever, in the opinion of the Department, a person | 17 |
| violates any provision of this Act, the Department may issue a | 18 |
| rule to show cause why an order to cease and desist should not | 19 |
| be entered against that person. The rule shall clearly set | 20 |
| forth the grounds relied upon by the Department and shall allow | 21 |
| the person at least 7 days after the date of the rule to file an | 22 |
| answer that is satisfactory to the Department. Failure to | 23 |
| answer to the satisfaction of the Department shall cause an | 24 |
| order to cease and desist to be issued. | 25 |
| Section 80. Disciplinary grounds. |
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| (a) The Department may refuse to issue, renew, or may | 2 |
| revoke, suspend, place on probation, reprimand, or take other | 3 |
| disciplinary action as the Department considers appropriate, | 4 |
| including the issuance of fines not to exceed $10,000 for each | 5 |
| violation, with regard to any certificate of registration for | 6 |
| any one or more of the following causes: | 7 |
| (1) Violation of this Act or any rule adopted under | 8 |
| this Act. | 9 |
| (2) Conviction of any crime under the laws of an U.S. | 10 |
| jurisdiction that is a felony or a misdemeanor an essential | 11 |
| element of which is dishonesty or that directly relates to | 12 |
| the practice of the profession. | 13 |
| (3) Making any misrepresentation for the purpose of | 14 |
| obtaining a certificate of registration. | 15 |
| (4) Professional incompetence or gross negligence in
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| the practice of building contracting. | 17 |
| (5) Gross malpractice, prima facie evidence of which | 18 |
| may be a conviction or judgment of malpractice in any court | 19 |
| of competent jurisdiction. | 20 |
| (6) Aiding or assisting another person in violating
any | 21 |
| provision of this Act or any rule adopted under this Act. | 22 |
| (7) Failing, within 60 days, to provide information in
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| response to a written request made by the Department that | 24 |
| has been sent by certified or registered mail to the | 25 |
| registrant's last known address. | 26 |
| (8) Engaging in dishonorable, unethical, or
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| unprofessional conduct of a character likely to deceive, | 2 |
| defraud, or harm the public. | 3 |
| (9) Habitual or excessive use of or addiction to
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| alcohol, narcotics, stimulants, or any other chemical | 5 |
| agent or drug that results in the inability to practice | 6 |
| with reasonable judgment, skill, or safety. | 7 |
| (10) Discipline by another U.S. jurisdiction or | 8 |
| foreign nation, if at least one of the grounds for the | 9 |
| discipline is the same or substantially equivalent to those | 10 |
| set forth in this Section. | 11 |
| (11) Directly or indirectly giving to or receiving
from | 12 |
| any person, firm, corporation, partnership, or association | 13 |
| any fee, commission, rebate, or other form of compensation | 14 |
| for any professional service not actually rendered. | 15 |
| (12) A finding by the Department that a registrant, | 16 |
| after having his or her certificate of registration placed | 17 |
| on probationary status, has violated the terms of | 18 |
| probation. | 19 |
| (13) Conviction by any court of competent | 20 |
| jurisdiction, either within or without this State, of any | 21 |
| violation of any law governing the practice of building | 22 |
| contracting if the Department determines, after | 23 |
| investigation, that such person has not been sufficiently | 24 |
| rehabilitated to warrant the public trust. | 25 |
| (14) A finding that registration has been applied for | 26 |
| or obtained by fraudulent means. |
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| (15) Practicing, attempting to practice, or | 2 |
| advertising under a name other than the full name as shown | 3 |
| on the certificate of registration or any other legally | 4 |
| authorized name. | 5 |
| (16) Gross and willful overcharging for professional | 6 |
| services, including filing false statements for collection | 7 |
| of fees or moneys for which services are not rendered. | 8 |
| (17) Failure to file a tax return or to pay any final | 9 |
| assessment of tax, penalty, or interest, as required by any | 10 |
| tax Act administered by the Department of Revenue, until | 11 |
| such time as the requirements of any such tax Act are | 12 |
| satisfied. | 13 |
| (18) Failure to continue to meet the requirements of | 14 |
| this Act. | 15 |
| (19) Physical or mental disability, including | 16 |
| deterioration through the aging process or loss of | 17 |
| abilities and skills, that result in an inability to | 18 |
| practice the profession with reasonable judgment, skill, | 19 |
| or safety. | 20 |
| (20) Material misstatement in furnishing information | 21 |
| to the Department or to any other State agency. | 22 |
| (21) Advertising in any manner that is false, | 23 |
| misleading, or deceptive. | 24 |
| (22) The determination by a court that a registrant is | 25 |
| subject to involuntary admission or judicial admission as | 26 |
| provided in the Mental Health and Developmental |
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| Disabilities Code. Such determination shall result in an | 2 |
| automatic suspension of a registrant's certificate. The | 3 |
| suspension shall end upon a finding by a court that the | 4 |
| registrant is no longer subject to involuntary admission or | 5 |
| judicial admission, the issuance of an order so finding and | 6 |
| discharging the patient, and the recommendation of the | 7 |
| Board to the Secretary that the registrant be allowed to | 8 |
| resume practice within the profession. | 9 |
| (b) The Department shall deny the issuance or renewal of | 10 |
| any certificate of registration under this Act to any person | 11 |
| who has defaulted on an educational loan guaranteed by the | 12 |
| Illinois Student Assistance Commission; however, the | 13 |
| Department may issue a certificate or renewal if the person in | 14 |
| default has established a satisfactory repayment record, as | 15 |
| determined by the Illinois Student Assistance Commission.
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| Section 85. Investigation; notice of hearing. The | 17 |
| Department may investigate the actions or qualifications of any | 18 |
| applicant or person holding or claiming to hold a certificate | 19 |
| of registration. The Department shall, before suspending or | 20 |
| revoking, placing on probation, reprimanding, or taking any | 21 |
| other disciplinary action under Section 80 of this Act, at | 22 |
| least 30 days before the date set for the hearing, notify the | 23 |
| applicant or registrant in writing of the nature of the charges | 24 |
| and that a hearing will be held on the date designated. The | 25 |
| written notice may be served by personal delivery or certified |
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| or registered mail to the applicant or registrant at the | 2 |
| address of his or her last notification to the Department. The | 3 |
| Department shall direct the applicant or registrant to file a | 4 |
| written answer with the Department, under oath, within 20 days | 5 |
| after the service of the notice, and inform the person that if | 6 |
| he or she fails to file an answer, his or her certificate may | 7 |
| be revoked, suspended, placed on probation, reprimanded, or the | 8 |
| Department may take any other additional disciplinary action, | 9 |
| including the issuance of fines not to exceed $1,000 for each | 10 |
| violation, as the Department may consider necessary, without a | 11 |
| hearing. At the time and place fixed in the notice, the Board | 12 |
| shall proceed to hear the charges and the parties or their | 13 |
| counsel. All parties shall be afforded an opportunity to | 14 |
| present any statements, testimony, evidence, and arguments as | 15 |
| may be pertinent to the charges or to their defense. The Board | 16 |
| may continue the hearing from time to time. | 17 |
| Section 90. Record of proceedings; transcript. The | 18 |
| Department, at its expense, shall preserve a record of all | 19 |
| proceedings at the formal hearing of any case involving the | 20 |
| refusal to issue, renew, or restore a certificate of | 21 |
| registration or the discipline of a registrant. The notice of | 22 |
| hearing, complaint, and all other documents in the nature of | 23 |
| pleadings and written motions filed in the proceedings, the | 24 |
| transcript of testimony, the report of the Board, and the | 25 |
| orders of the Department shall be the record of the |
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| proceedings. | 2 |
| Section 95. Subpoenas; depositions; oaths. The Department | 3 |
| may subpoena and bring before it any person and take testimony, | 4 |
| either orally, by deposition, or both, with the same fees and | 5 |
| mileage and in the same manner as prescribed in civil cases in | 6 |
| circuit courts of this State.
The Director, the designated | 7 |
| hearing officer, and every member of the Board has the power to | 8 |
| administer oaths to witnesses at any hearing which the | 9 |
| Department is authorized to conduct, and any other oaths | 10 |
| authorized in any Act administered by the Department. | 11 |
| Section 100. Compelling testimony. Any court, upon the | 12 |
| application of the Department, designated hearing officer, or | 13 |
| the applicant or registrant against whom proceedings under | 14 |
| Section 80 of this Act are pending, may enter an order | 15 |
| requiring the attendance of witnesses and their testimony and | 16 |
| the production of documents, papers, files, books, and records | 17 |
| in connection with any hearing or investigation. The court may | 18 |
| compel obedience to its order by proceedings for contempt. | 19 |
| Section 105. Findings and recommendations. At the | 20 |
| conclusion of a hearing, the Board shall present to the | 21 |
| Director a written report of its findings of fact, conclusions | 22 |
| of law, and recommendations. The report shall contain a finding | 23 |
| as to whether the registrant violated this Act or failed to |
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| comply with the conditions required in this Act. The Board | 2 |
| shall specify the nature of the violation or failure to comply | 3 |
| and shall make its recommendations to the Director. | 4 |
| The report of findings of fact, conclusions of law, and | 5 |
| recommendations of the Board shall be the basis for the | 6 |
| Department's order for refusal or for the granting of the | 7 |
| certificate of registration. If the Director disagrees with the | 8 |
| recommendations of the Board, the Director may issue an order | 9 |
| in contravention of the Board recommendations. The Director | 10 |
| shall provide a written report to the Board on any disagreement | 11 |
| and shall specify the reasons for the action in the final | 12 |
| order. These findings are not admissible in evidence against | 13 |
| the person in a criminal prosecution for violation of this Act, | 14 |
| but the hearing and findings shall not serve as a bar to | 15 |
| criminal prosecution for violation of this Act. | 16 |
| Section 110. Board; rehearing. At the conclusion of a | 17 |
| hearing, a copy of the Board's report shall be served upon the | 18 |
| accused person, either personally or as provided in this Act | 19 |
| for the service of the notice. Within 20 days after such | 20 |
| service, the applicant or registrant may present to the | 21 |
| Department a motion in writing for a rehearing which shall | 22 |
| specify the particular grounds for rehearing. If no motion for | 23 |
| a rehearing is filed, then upon the expiration of the time | 24 |
| specified for filing such a motion or if a motion for rehearing | 25 |
| is denied, then upon the denial, the Director may enter any |
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| order in accordance with recommendations of the Board, except | 2 |
| as otherwise provided in this Act. If the applicant or | 3 |
| registrant requests and pays for a transcript of the record | 4 |
| within the time for filing a motion for rehearing, the 20-day | 5 |
| period within which a motion may be filed shall commence upon | 6 |
| the delivery of the transcript to the applicant or registrant. | 7 |
| Whenever the Director is not satisfied that substantial | 8 |
| justice has been done, he or she may order a rehearing by the | 9 |
| same or another special board. At the expiration of the time | 10 |
| specified for filing a motion for a rehearing the Director has | 11 |
| the right to take the action recommended by the Board. | 12 |
| Section 115. Appointment of a hearing officer. The Director | 13 |
| has the authority to appoint any attorney licensed to practice | 14 |
| law in the State of Illinois to serve as the hearing officer in | 15 |
| any action for refusal to issue or renew a certificate of | 16 |
| registration or to discipline a registrant. The Director shall | 17 |
| notify the Board of any such appointment. The hearing officer | 18 |
| has full authority to conduct the hearing. At least one member | 19 |
| of the Board shall attend each hearing. The hearing officer | 20 |
| shall report his or her findings of fact, conclusions of law, | 21 |
| and recommendations to the Board and the Director. The Board | 22 |
| has 60 days after receipt of the report to review it and | 23 |
| present its findings of fact, conclusions of law, and | 24 |
| recommendations to the Director. If the Board fails to present | 25 |
| its report within the 60-day period, the Director shall issue |
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| an order based on the report of the hearing officer. If the | 2 |
| Director disagrees with the recommendation of the Board or | 3 |
| hearing officer, the Director may issue an order in | 4 |
| contravention of the recommendation. The Director shall | 5 |
| promptly provide a written explanation to the Board on any | 6 |
| disagreement. | 7 |
| Section 120. Order of certified copy; prima facie proof.
| 8 |
| An order or a certified copy thereof, over the seal of the | 9 |
| Department and purporting to be signed by the Director, shall | 10 |
| be prima facie proof that: | 11 |
| (1) the signature is the genuine signature of the
| 12 |
| Director; | 13 |
| (2) the Director is duly appointed and qualified; and | 14 |
| (3) the Board and the members thereof are qualified
to | 15 |
| act. | 16 |
| Section 125. Restoration of suspended or revoked | 17 |
| certificate of registration. At any time after the suspension | 18 |
| or revocation of any certificate of registration, the | 19 |
| Department may restore it to the registrant upon the written | 20 |
| recommendation of the Board, unless after an investigation and | 21 |
| hearing, the Board determines that restoration is not in the | 22 |
| public interest. | 23 |
| Section 130. Surrender of certificate of registration. |
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| Upon the revocation or suspension of any certificate of | 2 |
| registration, the registrant shall immediately surrender his | 3 |
| or her certificate to the Department. If the registrant fails | 4 |
| to do so, the Department has the right to seize the | 5 |
| certificate. | 6 |
| Section 135. Summary suspension of a certificate of | 7 |
| registration. The Director may summarily suspend a certificate | 8 |
| of registration issued under this Act without a hearing, | 9 |
| simultaneously with the institution of proceedings for a | 10 |
| hearing provided for in this Act, if the Director finds that | 11 |
| evidence in the possession of the Director indicates that the | 12 |
| continuation in practice by the registrant would constitute an | 13 |
| imminent danger to the public. In the event that the Director | 14 |
| temporarily suspends the certificate of an individual without a | 15 |
| hearing, a hearing must be held within 30 days after such | 16 |
| suspension has occurred. | 17 |
| Section 140. Administrative Review Law; venue. | 18 |
| (a) All final administrative decisions of the Department | 19 |
| are subject to judicial review under the Administrative Review | 20 |
| Law and its rules. The term "administrative decision" is | 21 |
| defined as in Section 3-101 of the Code of Civil Procedure. | 22 |
| (b) Proceedings for judicial review shall be commenced in | 23 |
| the circuit court of the county in which the party applying for | 24 |
| review resides, but if the party is not a resident of this |
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| State, the venue shall be in Sangamon County. | 2 |
| Section 145. Certification of record; costs. The | 3 |
| Department shall not be required to certify any record to the | 4 |
| court or file an answer in court or to otherwise appear in any | 5 |
| court in a judicial review proceeding, unless there is filed in | 6 |
| the court with the complaint a receipt from the Department | 7 |
| acknowledging payment of the costs of furnishing and certifying | 8 |
| the record. Failure on the part of the plaintiff to file such | 9 |
| receipt in court shall be grounds for dismissal of the action. | 10 |
| Section 150. Administrative Procedure Act. The Illinois | 11 |
| Administrative Procedure Act is hereby expressly adopted and | 12 |
| incorporated herein as if all of the provisions of that Act | 13 |
| were included in this Act, except that the provision of | 14 |
| subsection (d) of Section 10-65 of the Illinois Administrative | 15 |
| Procedure Act that provides that at hearings the registrant has | 16 |
| the right to show compliance with all lawful requirements for | 17 |
| retention, continuation, or renewal of the certificate is | 18 |
| specifically excluded. For the purposes of this Act, the notice | 19 |
| required under Section 10-25 of the Illinois Administrative | 20 |
| Procedure Act is deemed sufficient when mailed to the last | 21 |
| known address of a party. | 22 |
| Section 165. Home rule. This Act shall not be construed to | 23 |
| limit the power of a unit of local government from regulating |
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| or licensing the practice of residential building general | 2 |
| contracting in a stricter manner. This Section is a limitation | 3 |
| under subsection (i) of Section 6 of Article VII of the | 4 |
| Illinois Constitution on the concurrent exercise by home rule | 5 |
| units of powers and functions exercised by the State. | 6 |
| Section 900. The Regulatory Sunset Act is amended by adding | 7 |
| Section 4.28 as follows: | 8 |
| (5 ILCS 80/4.28 new) | 9 |
| Sec. 4.28. Act repealed on January 1, 2018. The following | 10 |
| Act is repealed on January 1, 2018: | 11 |
| The Residential Building General Contractor Act. | 12 |
| Section 905. The State Finance Act is amended by adding | 13 |
| Section 5.675 as follows: | 14 |
| (30 ILCS 105/5.675 new) | 15 |
| Sec. 5.675. The Residential Building General Contractor | 16 |
| Fund.
| 17 |
| Section 999. Effective date. This Act takes effect upon | 18 |
| becoming law.".
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