Full Text of HB4249 95th General Assembly
HB4249sam002 95TH GENERAL ASSEMBLY
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Sen. Terry Link
Filed: 5/22/2008
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09500HB4249sam002 |
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LRB095 14517 RAS 51022 a |
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| AMENDMENT TO HOUSE BILL 4249
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| AMENDMENT NO. ______. Amend House Bill 4249 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Regulatory Sunset Act is amended by | 5 |
| changing Section 4.18 and by adding Section 4.29 as follows:
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| (5 ILCS 80/4.18)
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| Sec. 4.18. Acts repealed January 1, 2008 and December 31, | 8 |
| 2008.
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| (a) The following Acts
are repealed on January 1, 2008:
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| The Structural Pest Control Act.
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| (b) The following Acts are repealed on December 31, 2008: | 12 |
| The Medical Practice Act of 1987. | 13 |
| The Environmental Health Practitioner Licensing Act.
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| (Source: P.A. 94-754, eff. 5-10-06; 94-1075, eff. 12-29-06; | 15 |
| 94-1085, eff. 1-19-07; 95-187, eff. 8-16-07; 95-235, eff. | 16 |
| 8-17-07; 95-450, eff. 8-27-07; 95-465, eff. 8-27-07; 95-639, |
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| eff. 10-5-07; 95-687, eff. 10-23-07; 95-689, eff. 10-29-07; | 2 |
| 95-703, eff. 12-31-07; revised 1-7-08.)
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| (5 ILCS 80/4.29 new) | 4 |
| Sec. 4.29. Act repealed on January 1, 2019. The following | 5 |
| Act is repealed on January 1, 2019: | 6 |
| The Environmental Health Practitioner Licensing Act. | 7 |
| Section 10. The Environmental Health Practitioner | 8 |
| Licensing Act is amended by changing Sections 5, 10, 17, 18, | 9 |
| 19, 20, 21, 22, 26, 27, 29, 31, 35, 56, 60, 65, 75, 80, 85, 90, | 10 |
| 95, 100, and 115 as follows:
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| (225 ILCS 37/5)
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| (Section scheduled to be repealed on December 31, 2008)
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| Sec. 5. Legislative intent. In adopting this Act, it is | 14 |
| recognized
that the field of environmental health is a dynamic | 15 |
| field that is
continually evolving into new and complex areas | 16 |
| of concern. It is the
legislative intent of this Act to | 17 |
| recognize the occasional existence of
overlapping functions | 18 |
| with engineers, industrial hygienists, veterinarians,
and | 19 |
| other professions licensed to carry out specific activities | 20 |
| that may touch
on
some aspects of the field of environmental | 21 |
| health. It is not the intent of
this Act to require licensure | 22 |
| registration of these individuals, nor is it the intent
that | 23 |
| the licensure registration of any person under this Act would |
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| allow that person
to perform functions or engage in activities | 2 |
| that would include the practice
of engineering. It is the sole | 3 |
| purpose and intent of this Act to safeguard the
health, safety, | 4 |
| and general welfare of the public from adverse environmental
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| factors and to license those environmental health
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| professionals who have
completed approved environmental health | 7 |
| or science curricula, are qualified to
work in the field of | 8 |
| environmental health, within the scope of practice as
defined | 9 |
| in this Act, and not to restrict nor interfere with interstate
| 10 |
| commerce.
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| (Source: P.A. 89-61, eff. 6-30-95; 90-44, eff. 7-3-97 .)
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| (225 ILCS 37/10)
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| (Section scheduled to be repealed on December 31, 2008)
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| Sec. 10. Definitions. As used in this Act:
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| "Address of record" means the designated address recorded | 16 |
| by the Department in the applicant's or licensee's application | 17 |
| file or license file maintained by the Department's licensure | 18 |
| maintenance unit. It is the duty of the applicant or licensee | 19 |
| to inform the Department of any change of address and such | 20 |
| changes must be made either through the Department's Internet | 21 |
| website or by contacting the Department's licensure | 22 |
| maintenance unit. | 23 |
| "Board" means the Environmental Health Practitioners Board | 24 |
| as created
in this Act.
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| "Department" means the Department of Financial and |
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| Professional Regulation.
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| "Director" means the Director of Professional Regulation.
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| "Environmental health inspector" means an individual who, | 4 |
| in support
of and under the general supervision of a licensed | 5 |
| environmental health
practitioner or licensed professional | 6 |
| engineer, practices environmental
health and meets the | 7 |
| educational qualifications of an environmental health
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| inspector.
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| "Environmental health practice" is the practice of | 10 |
| environmental
health by licensed environmental health | 11 |
| practitioners within the meaning
of this Act and includes, but | 12 |
| is not limited to, the following areas of
professional | 13 |
| activities: milk and food sanitation; protection and | 14 |
| regulation
of private water supplies; private waste water | 15 |
| management; domestic solid
waste disposal practices; | 16 |
| institutional health and safety; and consultation
and | 17 |
| education in these fields.
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| "Environmental health practitioner in training" means a | 19 |
| person licensed
under this Act who meets the educational | 20 |
| qualifications of a licensed
environmental health practitioner | 21 |
| and practices environmental health in
support of and under the | 22 |
| general supervision of a licensed environmental
health | 23 |
| practitioner or licensed professional engineer, but has not | 24 |
| passed the
licensed environmental health practitioner | 25 |
| examination administered by the
Department.
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| "License" means the authorization issued by the Department |
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| permitting the
person named on the authorization to practice | 2 |
| environmental health as
defined in this Act.
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| "Licensed environmental health practitioner" is a person | 4 |
| who,
by virtue of education and experience in the physical, | 5 |
| chemical,
biological, and environmental health sciences, is | 6 |
| especially trained to
organize, implement, and manage | 7 |
| environmental health programs, trained to
carry out education | 8 |
| and enforcement activities for the promotion and
protection of | 9 |
| the public health and environment, and is licensed as an
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| environmental health practitioner under this Act.
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| "Secretary" means the Secretary of Financial and | 12 |
| Professional Regulation. | 13 |
| (Source: P.A. 92-837, eff. 8-22-02 .)
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| (225 ILCS 37/17)
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| (Section scheduled to be repealed on December 31, 2008)
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| Sec. 17. Powers and duties of the Department of Financial | 17 |
| and Professional Regulation. Subject to the provisions
of this | 18 |
| Act, the Department may shall exercise the following functions, | 19 |
| powers, and
duties:
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| (1) Prescribe rules defining what constitutes an
approved | 21 |
| school, college, or department of a university, except that no | 22 |
| school,
college, or department of a
university that refuses | 23 |
| admittance to applicants solely on
account of race, color, | 24 |
| creed, sex, or national origin shall be approved.
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| (2) Conduct hearings on proceedings to revoke, suspend, or |
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| refuse to issue
licenses.
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| (3) Promulgate rules required for the administration of | 3 |
| this
Act.
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| (Source: P.A. 91-724, eff. 6-2-00 .)
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| (225 ILCS 37/18)
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| (Section scheduled to be repealed on December 31, 2008)
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| Sec. 18. Board of Environmental Health Practitioners. The | 8 |
| Board of
Environmental Health Practitioners is created and | 9 |
| shall exercise its duties as
provided in this Act. The Board | 10 |
| shall consist of 5 members appointed
by the Secretary
Director . | 11 |
| Of the 5 members, 3 shall be actively licensed environmental
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| health practitioners, one
a Public Health Administrator who | 13 |
| meets the minimum qualifications for public
health personnel | 14 |
| employed by full time local health departments as prescribed
by | 15 |
| the Illinois Department of Public Health and is actively | 16 |
| engaged in the
administration of a local health department | 17 |
| within this State, and one
member
of the general public. In | 18 |
| making the appointments to the Board, the Secretary may | 19 |
| Director
shall consider the recommendations of related | 20 |
| professional and trade
associations including the Illinois | 21 |
| Environmental Health Association and the
Illinois Public | 22 |
| Health Association and of the Director of Public
Health. Each | 23 |
| of the environmental health practitioners shall have at least 5
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| years of full time employment in the field of environmental | 25 |
| health practice
before the date of appointment. Each appointee |
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| filling the seat of an
environmental health practitioner | 2 |
| appointed to the Board must be licensed under
this Act.
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| The membership of the Board shall reasonably reflect | 4 |
| representation from the
various geographic areas of the State.
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| A majority of the Board members currently appointed shall | 6 |
| constitute a quorum. A vacancy in the membership of the Board | 7 |
| shall not impair the right of a
quorum to exercise all the | 8 |
| rights and perform all the duties of the Board.
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| The members of the Board are entitled to receive as | 10 |
| compensation a reasonable
sum
as determined by the Secretary | 11 |
| Director for each day actually engaged in the duties of
the | 12 |
| office and all legitimate and necessary expenses incurred in | 13 |
| attending the
meetings of the Board.
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| Members of the Board shall be immune from suit in any | 15 |
| action based upon any
disciplinary proceedings or other | 16 |
| activities performed in good faith as members
of the Board.
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| The Secretary Director may remove any member of the Board | 18 |
| for any cause that, in the
opinion of the Secretary Director , | 19 |
| reasonably justifies termination. | 20 |
| Members shall serve for a term of 3 years and until their | 21 |
| successors are appointed and qualified. No Board member, after | 22 |
| the effective date of this amendatory Act of the 95th General | 23 |
| Assembly, shall be appointed to more than 2 full consecutive | 24 |
| terms. The initial terms created by this amendatory Act shall | 25 |
| count as full terms for the purposes of reappointment to the | 26 |
| Board. Appointments to fill vacancies for an unexpired portion |
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| of a vacated term shall be made in the same manner as original | 2 |
| appointments and shall constitute a full term. | 3 |
| The appointments of those Board members currently | 4 |
| appointed and serving on the Board shall end upon the effective | 5 |
| date of this amendatory Act of the 95th General Assembly. Board | 6 |
| members currently serving on the Board on the effective date of | 7 |
| this Amendatory Act, shall continue to serve until the initial | 8 |
| appointees are appointed and qualified.
The initial Board | 9 |
| members appointed after the effective date of this amendatory | 10 |
| Act of the 95th General Assembly, shall be appointed to the | 11 |
| following terms by and in the discretion of the Secretary:
(i) | 12 |
| one member shall be appointed for one year;
(ii) 2 members | 13 |
| shall be appointed to serve 2 years;
and (iii) 2 members shall | 14 |
| be appointed to serve 3 years. The Board members appointed to | 15 |
| initial terms by this amendatory Act of the 95th General | 16 |
| Assembly shall be appointed as soon as possible after the | 17 |
| effective date of this amendatory Act. Board members serving at | 18 |
| the effective date of this Act are eligible to be reappointed | 19 |
| to initial terms as described above, but nothing in this Act | 20 |
| requires such members to be appointed.
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| (Source: P.A. 91-724, eff. 6-2-00; 91-798, eff. 7-9-00; 92-837, | 22 |
| eff. 8-22-02 .)
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| (225 ILCS 37/19)
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| (Section scheduled to be repealed on December 31, 2008)
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| Sec. 19. Requirements of approval by Board of Environmental |
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| Health
Practitioners. The Secretary Director may consider the | 2 |
| recommendations of the Board in
establishing guidelines for | 3 |
| professional conduct, for the conduct of formal
disciplinary | 4 |
| proceedings brought under this Act, and for establishing
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| guidelines for qualifications and examinations of applicants. | 6 |
| Notice of
proposed rulemaking shall be transmitted to the | 7 |
| Board. The Department shall
review the response of the Board | 8 |
| and its recommendations. The Department, at
any time, may seek | 9 |
| the expert advice and knowledge of the Board on any matter
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| relating to the administration or enforcement of this Act.
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| (Source: P.A. 89-61, eff. 6-30-95 .)
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| (225 ILCS 37/20)
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| (Section scheduled to be repealed on December 31, 2008)
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| Sec. 20. Qualifications for licensure registration as an | 15 |
| environmental health
practitioner.
A person is qualified to be | 16 |
| licensed as an environmental
health practitioner if that | 17 |
| person:
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| (1) Has applied in writing on the prescribed forms, has | 19 |
| paid the
required fee, and holds one of the following:
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| (A) A Bachelor's Degree in environmental health | 21 |
| science from
a college or university approved by the | 22 |
| National Environmental Health
Association | 23 |
| Accreditation Council for environmental health | 24 |
| curricula or its
equivalent as approved by the | 25 |
| Department.
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| (B) A Bachelor's Degree from an accredited college | 2 |
| or university
which included a minimum of 30 semester | 3 |
| hours or equivalent of
basic sciences acceptable to the | 4 |
| Department and 12 months of full time
experience.
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| (C) A Master's Degree in public health or | 6 |
| environmental health
science from an accredited | 7 |
| college or university if the applicant has completed
a | 8 |
| minimum of 30 semester or equivalent hours of basic | 9 |
| science acceptable to the
Department.
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| (2) Passes an examination authorized by the | 11 |
| Department. The examination
shall be of a character to give | 12 |
| a fair test of the qualifications of the
applicant to | 13 |
| practice as an environmental health practitioner.
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| (Source: P.A. 89-61, eff. 6-30-95; 89-706, eff. 1-31-97 .)
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| (225 ILCS 37/21)
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| (Section scheduled to be repealed on December 31, 2008)
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| Sec. 21. Grandfather provision. A person who, on the | 18 |
| effective date of this
amendatory Act of the 92nd General | 19 |
| Assembly, was certified by his
or her employer as serving as a | 20 |
| sanitarian or environmental health practitioner
in | 21 |
| environmental health practice in this State may be issued a | 22 |
| license as an
environmental health practitioner in training | 23 |
| upon
filing an application by July 1, 2003 and paying the | 24 |
| required fees. | 25 |
| An environmental health practitioner in training license |
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| issued under this Section and in an active status on the | 2 |
| effective date of this amendatory Act of the 95th General | 3 |
| Assembly may be renewed, so long as the licensee continues to | 4 |
| practice environmental health and does not allow his or her | 5 |
| license to lapse or expire.
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| (Source: P.A. 92-837, eff. 8-22-02 .)
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| (225 ILCS 37/22)
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| (Section scheduled to be repealed on December 31, 2008)
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| Sec. 22. Environmental health practitioner in training.
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| (a) Any person who meets the educational qualifications | 11 |
| specified in
Section 20, but does not meet the experience | 12 |
| requirement specified in that Section, may
make application to | 13 |
| the
Department on a form prescribed by the Department for | 14 |
| licensure as an
environmental health
practitioner in training. | 15 |
| The Department shall license that person as an
environmental | 16 |
| health
practitioner in training upon payment of the fee | 17 |
| required by this Act.
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| (b) An environmental health practitioner in training | 19 |
| licensed under this Section shall apply for
licensure as an
| 20 |
| environmental health practitioner within 3 years of his or her | 21 |
| licensure as an
environmental
health practitioner in training.
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| The license may be renewed or extended as defined by rule of | 23 |
| the Department.
The Board may recommend to extend the licensure | 24 |
| of any
environmental health
practitioner in training licensed | 25 |
| under this Section who furnishes, in writing, sufficient cause |
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| for not
applying for
examination as an environmental health | 2 |
| practitioner within the 3-year period.
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| (c) An environmental health practitioner in training | 4 |
| licensed under this Section may engage in the
practice of
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| environmental health for a period not to exceed 6 years | 6 |
| provided that he or she
is supervised by a licensed | 7 |
| professional engineer or a
licensed environmental health | 8 |
| practitioner as prescribed in this Act. | 9 |
| (d) This Section does not apply to environmental health | 10 |
| practitioners in training licensed under Section 21 of this | 11 |
| Act.
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| (Source: P.A. 92-837, eff. 8-22-02; revised 1-16-07.)
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| (225 ILCS 37/26)
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| (Section scheduled to be repealed on December 31, 2008)
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| Sec. 26. Examination for licensure registration as an | 16 |
| environmental health
practitioner.
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| (a) Beginning on the effective date of this amendatory Act | 18 |
| of the 92nd
General Assembly, only
persons who meet the | 19 |
| educational and experience requirements of Section
20 and who | 20 |
| pass the examination authorized by the Department
shall be | 21 |
| licensed as environmental health practitioners.
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| (b) Applicants for examination as environmental health | 23 |
| practitioners
shall be required to pay, either to the | 24 |
| Department or the designated testing
service, a fee covering | 25 |
| the cost of providing the examination.
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| (Source: P.A. 92-837, eff. 8-22-02 .)
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| (225 ILCS 37/27)
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| (Section scheduled to be repealed on December 31, 2008)
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| Sec. 27. Renewals; restoration.
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| (a) The expiration date and renewal period for each license | 6 |
| issued under
this Act shall be set by rule. As a condition for | 7 |
| renewal of a license, the
licensee shall be required to | 8 |
| complete continuing education requirements as
set forth in | 9 |
| rules by the Department. Licensees who are 70 years of age
or | 10 |
| older and have been licensed under this Act for at least 4 | 11 |
| years shall be
exempt from the continuing education | 12 |
| requirements.
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| (b) A person who has permitted a license to expire may have | 14 |
| the license
restored by making application to the Department | 15 |
| and filing proof, acceptable
to the Department, of fitness to | 16 |
| have the license restored. Proof may include
(i) sworn evidence | 17 |
| certifying to active practice in another jurisdiction that
is | 18 |
| satisfactory to the Department, (ii) complying with any | 19 |
| continuing education
requirements, and (iii) paying the | 20 |
| required restoration fee.
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| (c) If the person has not maintained an active practice in | 22 |
| another
jurisdiction satisfactory to the Department, the Board | 23 |
| shall determine, by an
evaluation program, established by rule, | 24 |
| the person's fitness to resume active
status. The Board may | 25 |
| require the person to complete a period of evaluated
clinical |
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| experience and successful completion of a practical | 2 |
| examination.
| 3 |
| However, a person whose license expired while (i) in | 4 |
| federal service on
active duty with the Armed Forces of the | 5 |
| United States or called into service
or training with the State | 6 |
| Militia or (ii) in training or education under the
supervision | 7 |
| of the United States, preliminary to induction into the | 8 |
| military
service may have his or her license renewed or | 9 |
| restored without paying any
lapsed renewal fees if, within 2 | 10 |
| years after honorable termination of the
service, training, or | 11 |
| education, except under conditions other than honorable,
he or | 12 |
| she furnishes the Department with satisfactory evidence to the | 13 |
| effect
that he or she has been so engaged and that the service, | 14 |
| training, or education
has been terminated.
| 15 |
| (d) A person who notifies the Department, in writing on | 16 |
| forms prescribed
by the Department, may place his or her | 17 |
| license on inactive status and shall be
excused from the | 18 |
| payment of renewal fees until the person notifies the
| 19 |
| Department, in writing, of the intention to resume active | 20 |
| practice.
| 21 |
| (e) A person requesting his or her license be changed from | 22 |
| inactive to
active status shall be required to pay the current | 23 |
| renewal fee and shall also
demonstrate compliance with the | 24 |
| continuing education requirements.
| 25 |
| (f) An environmental health practitioner whose license is | 26 |
| not renewed
or whose license is on
inactive status shall not |
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| engage in the practice of environmental health in the
State of | 2 |
| Illinois or use the title or advertise that he or she performs | 3 |
| the
services of a "licensed environmental health | 4 |
| practitioner".
| 5 |
| (g) A person violating subsection (f) of this Section shall | 6 |
| be considered
to be practicing without a license and shall be | 7 |
| subject to the disciplinary
provisions of this Act.
| 8 |
| (h) A license to practice shall not be denied any applicant | 9 |
| because of the
applicant's race, religion, creed, national | 10 |
| origin, political beliefs or
activities, age, sex, sexual | 11 |
| orientation, or physical impairment that does not affect a | 12 |
| person's ability to practice with reasonable judgement, skill, | 13 |
| or safety impairment .
| 14 |
| (Source: P.A. 91-724, eff. 6-2-00 .)
| 15 |
| (225 ILCS 37/29)
| 16 |
| (Section scheduled to be repealed on December 31, 2008)
| 17 |
| Sec. 29. Deposit of fees and fines; appropriations. All | 18 |
| fees and
fines collected under this Act shall be deposited into | 19 |
| the General Professions
Dedicated Fund. All moneys in the Fund | 20 |
| shall be used by the Department of
Financial and Professional | 21 |
| Regulation, as appropriated, for the ordinary and contingent
| 22 |
| expenses of the Department.
| 23 |
| (Source: P.A. 89-61, eff. 6-30-95 .)
| 24 |
| (225 ILCS 37/31)
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| (Section scheduled to be repealed on December 31, 2008)
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| Sec. 31. Checks or orders dishonored. A person who issues | 3 |
| or delivers a
check or other order to the Department that is | 4 |
| returned to the Department
unpaid by the financial institution | 5 |
| upon which it is drawn shall pay to the
Department, in addition | 6 |
| to the amount already owed to the Department, a fine of
$50. | 7 |
| The fines
imposed by this Section are in addition to any other | 8 |
| discipline provided under
this Act prohibiting unlicensed | 9 |
| practice or practice on a nonrenewed license.
The Department | 10 |
| shall notify the person that payment of fees and fines shall be
| 11 |
| paid to the Department by certified check or money order within | 12 |
| 30 calendar
days after notification. If, after the expiration | 13 |
| of 30 days from the date of
the notification, the person fails | 14 |
| to submit the necessary remittance,
the Department shall | 15 |
| automatically terminate the license or certification or
deny | 16 |
| the application, without hearing. If, after termination or | 17 |
| denial, the
person seeks a license or certificate, he or she | 18 |
| shall apply to the Department
for restoration or issuance of a | 19 |
| license or certificate and pay all fees and
fines due to the | 20 |
| Department. The Department may establish a fee for the
| 21 |
| processing of an application for restoration of a license to | 22 |
| pay all costs and
expenses of processing of this application. | 23 |
| The Secretary Director may waive the fines
due under this | 24 |
| Section in individual cases where the Secretary Director finds | 25 |
| that the
fines would be unnecessarily burdensome.
| 26 |
| (Source: P.A. 92-146, eff. 1-1-02 .)
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| (225 ILCS 37/35)
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| (Section scheduled to be repealed on December 31, 2008)
| 3 |
| Sec. 35. Grounds for discipline.
| 4 |
| (a) The Department may refuse to issue or renew, or may | 5 |
| revoke, suspend,
place on probation, reprimand, or take other | 6 |
| disciplinary or non-disciplinary action with regard to
any | 7 |
| license issued under this Act as the Department may consider | 8 |
| proper,
including the imposition of fines not to exceed $5,000 | 9 |
| for each violation, for
any one or combination of the following | 10 |
| causes:
| 11 |
| (1) Material misstatement in furnishing information to | 12 |
| the Department.
| 13 |
| (2) Violations of this Act or its rules.
| 14 |
| (3) Conviction of or entry of a plea of guilty or nolo | 15 |
| contendere to any crime that is a any felony under the laws | 16 |
| of the United States or any state or territory thereof, | 17 |
| whether related to the practice of the profession or not, | 18 |
| or conviction or entry of a plea of guilty or nolo | 19 |
| contendere to any crime, any U.S. jurisdiction, any
| 20 |
| misdemeanor an essential element of which is dishonesty, | 21 |
| wanton disregard for the rights of others, or any crime | 22 |
| that is
directly related to the practice of the profession.
| 23 |
| (4) Making any misrepresentation for the purpose of | 24 |
| obtaining licensure a
certificate of registration .
| 25 |
| (5) Professional incompetence.
|
|
|
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09500HB4249sam002 |
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| (6) Aiding or assisting another person in violating any | 2 |
| provision of this
Act or its rules.
| 3 |
| (7) Failing to provide information within 30 60 days in | 4 |
| response to a written
request made by the Department.
| 5 |
| (8) Engaging in dishonorable, unethical, or | 6 |
| unprofessional conduct of a
character likely to deceive, | 7 |
| defraud, or harm the public as defined by rules of
the | 8 |
| Department.
| 9 |
| (9) Habitual or excessive use or addiction to alcohol, | 10 |
| narcotics,
stimulants, or any other chemical agent or drug | 11 |
| that results in an
environmental health practitioner's | 12 |
| inability to practice with reasonable
judgment, skill, or | 13 |
| safety.
| 14 |
| (10) Discipline by another U.S. jurisdiction or | 15 |
| foreign nation, if at
least one of the grounds for a | 16 |
| discipline is the same or substantially
equivalent to those | 17 |
| set forth in this Act.
| 18 |
| (11) A finding by the Department that the licensee | 19 |
| registrant , after having his or
her license placed on | 20 |
| probationary status, has violated the terms of
probation.
| 21 |
| (12) Willfully making or filing false records or | 22 |
| reports in his or her
practice, including, but not limited | 23 |
| to, false records filed with State
agencies or departments.
| 24 |
| (13) Physical illness or mental illness or impairment , | 25 |
| including, but not limited to, deterioration
through the | 26 |
| aging process or loss of motor skills that result in the |
|
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| inability
to practice the profession with reasonable | 2 |
| judgment, skill, or safety.
| 3 |
| (14) Failure to comply with rules promulgated by the
| 4 |
| Illinois Department of Public Health or other State | 5 |
| agencies related to the
practice of environmental health.
| 6 |
| (15) Gross negligence The Department shall deny any | 7 |
| application for a license or renewal of
a license under | 8 |
| this Act, without hearing, to a person who has defaulted on | 9 |
| an
educational loan guaranteed by the Illinois Student | 10 |
| Assistance Commission;
however, the Department may issue a | 11 |
| license or renewal of a license if the
person in default | 12 |
| has established a satisfactory repayment record as | 13 |
| determined
by the Illinois Student Assistance
Commission .
| 14 |
| (16) Solicitation of professional services by using | 15 |
| false or misleading
advertising.
| 16 |
| (17) A finding that the license has been applied for or | 17 |
| obtained by
fraudulent means.
| 18 |
| (18) Practicing or attempting to practice under a name | 19 |
| other than the full
name as shown on the license or any | 20 |
| other legally authorized name.
| 21 |
| (19) Gross overcharging for professional services | 22 |
| including filing
statements for collection of fees or | 23 |
| moneys for which services are not
rendered.
| 24 |
| (b) The Department may refuse to issue or may suspend the | 25 |
| license of any
person who fails to (i) file a return, (ii) pay | 26 |
| the tax, penalty, or interest
shown in a filed return; or (iii) |
|
|
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09500HB4249sam002 |
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| 1 |
| pay any final assessment of the tax, penalty,
or interest as | 2 |
| required by any tax Act administered by the Illinois Department
| 3 |
| of Revenue until the requirements of the tax Act are satisfied.
| 4 |
| (b-5) The Department shall deny any application for a | 5 |
| license or renewal of a license under this Act, without | 6 |
| hearing, to a person who has defaulted on an educational loan | 7 |
| guaranteed by the Illinois Student Assistance Commission; | 8 |
| however, the Department may issue a license or renew a license | 9 |
| if the person in default has established a satisfactory | 10 |
| repayment record, as determined by the Illinois Student | 11 |
| Assistance Commission. | 12 |
| (c) The determination by a circuit court that a licensee is | 13 |
| subject
to involuntary admission or judicial admission to a | 14 |
| mental health facility as
provided in the Mental Health and | 15 |
| Developmental Disabilities Code operates as
an automatic | 16 |
| suspension. The suspension may end only upon a finding by a | 17 |
| court
that the licensee is no longer subject to involuntary | 18 |
| admission or judicial
admission, the issuance of an order so | 19 |
| finding and discharging the patient, and
the recommendation of | 20 |
| the Board to the Secretary Director that the licensee be | 21 |
| allowed to
resume practice.
| 22 |
| (d) In enforcing this Section, the Department, upon a | 23 |
| showing of a
possible
violation, may compel any person licensed | 24 |
| to practice under this Act or who has
applied
for licensure or | 25 |
| certification pursuant to this Act to submit to a mental or
| 26 |
| physical
examination, or both, as required by and at the |
|
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| 1 |
| expense of the Department. The
examining physicians shall be | 2 |
| those specifically
designated by
the Department. The | 3 |
| Department may order the examining physician
to present | 4 |
| testimony concerning this mental or
physical
examination of the
| 5 |
| licensee or applicant. No information shall be excluded by | 6 |
| reason of any
common law or
statutory privilege relating to | 7 |
| communications between the licensee or
applicant and the
| 8 |
| examining physician. The person to be examined may
have, at his
| 9 |
| or her own expense, another physician of his or her
choice
| 10 |
| present during all aspects of the examination. Failure of any | 11 |
| person to submit
to a mental
or physical examination, when | 12 |
| directed, shall be grounds for suspension of a
license until
| 13 |
| the person submits to the examination if the Department finds, | 14 |
| after notice and
hearing,
that the refusal to submit to the | 15 |
| examination was without reasonable cause.
| 16 |
| If the Department finds an individual unable to practice | 17 |
| because of the
reasons set
forth in this Section, the | 18 |
| Department may require that individual to submit to
care,
| 19 |
| counseling, or treatment by physicians approved or designated | 20 |
| by the
Department, as a
condition, term, or restriction for | 21 |
| continued, reinstated, or renewed licensure
to practice
or, in | 22 |
| lieu of care, counseling, or treatment, the Department may file | 23 |
| a
complaint to
immediately suspend, revoke, or otherwise | 24 |
| discipline the license of the
individual.
| 25 |
| Any person whose license was granted, continued, | 26 |
| reinstated, renewed,
disciplined, or supervised subject to |
|
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| such terms, conditions, or restrictions
and
who fails to comply | 2 |
| with such terms, conditions, or restrictions shall be
referred | 3 |
| to
the Secretary Director for a determination as to whether the | 4 |
| person shall have his or her
license suspended immediately, | 5 |
| pending a hearing by the Department.
| 6 |
| In instances in which the Secretary Director immediately | 7 |
| suspends a person's license
under this Section, a hearing on | 8 |
| that person's license must be convened by the
Department within | 9 |
| 15 days after the suspension and completed without
appreciable | 10 |
| delay. The Department shall have the authority to review the
| 11 |
| subject
person's record of treatment and counseling regarding | 12 |
| the impairment, to the
extent permitted by applicable federal | 13 |
| statutes and regulations safeguarding
the
confidentiality of | 14 |
| medical records.
| 15 |
| A person licensed under this Act and affected under this | 16 |
| Section shall be
afforded an opportunity to demonstrate to the | 17 |
| Department that he or she can
resume practice in compliance | 18 |
| with acceptable and prevailing standards under
the
provisions | 19 |
| of his or her license.
| 20 |
| (Source: P.A. 92-837, eff. 8-22-02 .)
| 21 |
| (225 ILCS 37/56)
| 22 |
| (Section scheduled to be repealed on December 31, 2008)
| 23 |
| Sec. 56. Unlicensed practice; violation; civil penalty.
| 24 |
| (a) Any person who practices, offers to practice, attempts | 25 |
| to practice, or
holds himself or herself out to practice |
|
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| 1 |
| environmental health without being
licensed under this Act | 2 |
| shall, in addition to any other penalty provided by
law, pay a | 3 |
| civil penalty to the Department in an amount not to exceed | 4 |
| $10,000 $5,000
for each offense as determined by the | 5 |
| Department. The civil penalty shall be
assessed by the | 6 |
| Department after a hearing is held in accordance with the
| 7 |
| provisions set forth in this Act regarding the provision of a | 8 |
| hearing for the
discipline of a licensee.
| 9 |
| (b) The Department has the authority and power to | 10 |
| investigate any and all
unlicensed activity.
| 11 |
| (c) The civil penalty shall be paid within 60 days after | 12 |
| the effective date
of the order imposing the civil penalty. The | 13 |
| order shall constitute a judgment
and may be filed and | 14 |
| execution had thereon in the same manner as any judgment
from | 15 |
| any court of record.
| 16 |
| (Source: P.A. 92-837, eff. 8-22-02 .)
| 17 |
| (225 ILCS 37/60)
| 18 |
| (Section scheduled to be repealed on December 31, 2008)
| 19 |
| Sec. 60. Violations; injunctions; cease and desist order.
| 20 |
| (a) If a person violates a provision of this Act, the | 21 |
| Secretary Director may, in
the name of the People of the State | 22 |
| of Illinois, through the Attorney General
of the State of | 23 |
| Illinois, petition for an order enjoining the violation or for
| 24 |
| any order enforcing compliance with this Act. Upon the filing | 25 |
| of a verified
petition in court, the court may issue a |
|
|
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| 1 |
| temporary restraining order, without
notice or bond, and may | 2 |
| preliminarily and permanently enjoin the violation.
If it is | 3 |
| established that the person has violated or is violating the
| 4 |
| injunction,
the Court may punish the offender for contempt of | 5 |
| court. Proceedings under this
Section are in addition to, and | 6 |
| not in lieu of, all other remedies and
penalties provided by | 7 |
| this Act.
| 8 |
| (b) If a person practices as an environmental health | 9 |
| practitioner or
holds himself or herself out as such without | 10 |
| having a valid license under this
Act, then a licensee, an | 11 |
| interested party, or a person injured thereby may,
in addition | 12 |
| to the Secretary Director , petition for relief as provided in | 13 |
| subsection (a)
of this Section.
| 14 |
| (c) Whenever in the opinion of the Department a person | 15 |
| violates a
provision of this Act, the Department may issue a | 16 |
| rule to show cause why an
order to cease and desist should not | 17 |
| be entered against him or her. The rule
shall clearly set forth | 18 |
| the grounds relied upon by the Department and shall
provide a | 19 |
| period of 7 days from the date of the rule to file an answer to | 20 |
| the
satisfaction of the Department. Failure to answer to the | 21 |
| satisfaction of the
Department shall cause an order to cease | 22 |
| and desist to be issued immediately.
| 23 |
| (Source: P.A. 89-61, eff. 6-30-95 .)
| 24 |
| (225 ILCS 37/65)
| 25 |
| (Section scheduled to be repealed on December 31, 2008)
|
|
|
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| 1 |
| Sec. 65. Investigation; notice; hearing. The Department | 2 |
| may investigate
the actions of an applicant or a person or | 3 |
| persons holding or claiming to
hold a license. Before refusing | 4 |
| to issue, refusing to renew, or taking any
disciplinary action | 5 |
| regarding a license, the Department shall, at least 30 days
| 6 |
| before the date set for the hearing, notify in writing the | 7 |
| applicant for, or
holder of, a license of the nature of any | 8 |
| charges and that a hearing will be
held on a date designated. | 9 |
| The Department shall direct the applicant or
licensee to file a | 10 |
| written answer with the Board under oath within 20 days
after | 11 |
| the service of the notice and inform the applicant or licensee | 12 |
| that
failure to file an answer shall result in default being | 13 |
| taken against the
applicant or licensee and that the license | 14 |
| may be suspended, revoked, or placed
on probationary status, or | 15 |
| that other disciplinary action may be taken,
including limiting | 16 |
| the scope, nature, or extent of practice, as the Secretary | 17 |
| Director
may
consider proper. Written notice may be served by | 18 |
| personal delivery or
certified or
registered mail to the | 19 |
| respondent at the last address of record with his or her last
| 20 |
| notification to the Department. If the person fails to file an | 21 |
| answer after
receiving notice, his or her license or | 22 |
| certificate may, in the discretion of
the Department, be | 23 |
| suspended, revoked, or placed on probationary
status or the | 24 |
| Department may take any disciplinary action considered proper,
| 25 |
| including
limiting the scope, nature, or extent of the person's | 26 |
| practice or the
imposition of a fine, without a hearing, if the |
|
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| 1 |
| act or acts charged constitute
sufficient grounds for such | 2 |
| action under this Act. At the time and place fixed
in the | 3 |
| notice, the Board shall proceed to hear the charges and the | 4 |
| parties or
their counsel shall be accorded ample opportunity to | 5 |
| present statements,
testimony, evidence, and arguments as may | 6 |
| be pertinent to the charges or to
their
defense. The Board may | 7 |
| continue a hearing from time to time.
| 8 |
| (Source: P.A. 89-61, eff. 6-30-95 .)
| 9 |
| (225 ILCS 37/75)
| 10 |
| (Section scheduled to be repealed on December 31, 2008)
| 11 |
| Sec. 75. Subpoenas; oaths; attendance of witnesses. The | 12 |
| Department has the
power to subpoena and to bring before it any | 13 |
| person and to take testimony
either orally or by deposition, or | 14 |
| both, with the same fees and mileage and in
the same manner as | 15 |
| prescribed in civil cases in the courts of this State.
| 16 |
| The Secretary Director , the designated hearing officer, | 17 |
| and every member of the Board
has the power to administer oaths | 18 |
| to witnesses at any hearing that the
Department is authorized | 19 |
| to conduct and any other oaths authorized in any Act
| 20 |
| administered by the Department.
| 21 |
| (Source: P.A. 89-61, eff. 6-30-95 .)
| 22 |
| (225 ILCS 37/80)
| 23 |
| (Section scheduled to be repealed on December 31, 2008)
| 24 |
| Sec. 80. Recommendations for disciplinary action. At the |
|
|
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| 1 |
| conclusion of
the hearing, the Board shall present to the | 2 |
| Secretary Director a written report of its
findings and | 3 |
| recommendations. The report shall contain a finding whether or
| 4 |
| not the licensee violated this Act or failed to comply with the | 5 |
| conditions
required in this Act. The Board shall specify the | 6 |
| nature of the violation or
failure to comply and shall make its | 7 |
| recommendations to the Secretary Director .
| 8 |
| The report of findings, conclusions of law, and | 9 |
| recommendations of the Board
shall be the basis for the | 10 |
| Department's order for refusal to issue or for the
granting of | 11 |
| a license or for any disciplinary action. If the Secretary | 12 |
| Director
disagrees with the recommendation of the Board, the | 13 |
| Secretary Director may issue an
order in contravention of the | 14 |
| Board's report. The finding is not admissible
in evidence | 15 |
| against the person in a criminal prosecution brought for
| 16 |
| violation of this Act, but the hearing and findings are not a | 17 |
| bar to criminal
prosecution brought for violation of this Act.
| 18 |
| (Source: P.A. 89-61, eff. 6-30-95 .)
| 19 |
| (225 ILCS 37/85)
| 20 |
| (Section scheduled to be repealed on December 31, 2008)
| 21 |
| Sec. 85. Rehearing. In any hearing involving disciplinary | 22 |
| action against
an applicant or licensee, a copy of the Board's | 23 |
| report shall be served upon the
applicant or licensee by the | 24 |
| Department, either personally or as provided in
this Act for | 25 |
| the service of the notice of hearing. Within 20 calendar days
|
|
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| 1 |
| after service, the applicant or licensee may present to the | 2 |
| Department a motion
in writing for a rehearing that shall | 3 |
| specify the particular grounds for
rehearing. If no motion for | 4 |
| rehearing is filed, then upon the expiration of
the time | 5 |
| specified for filing a motion, or if a motion for rehearing is | 6 |
| denied,
then upon denial, the Secretary Director may enter an | 7 |
| order in accordance with
recommendations of the Board, except | 8 |
| as provided in this Act. If the applicant
or licensee orders | 9 |
| from the reporting service, and pays for a transcript of the
| 10 |
| record within the time for filing a motion for rehearing, the | 11 |
| 20 calendar
day period within which a motion may be filed shall | 12 |
| commence upon the delivery
of the transcript to the respondent.
| 13 |
| (Source: P.A. 88-670, eff. 12-2-94; 89-61, eff. 6-30-95 .)
| 14 |
| (225 ILCS 37/90)
| 15 |
| (Section scheduled to be repealed on December 31, 2008)
| 16 |
| Sec. 90. Hearing by other hearing officer examiner . | 17 |
| Whenever the Secretary Director is not
satisfied that | 18 |
| substantial justice has been done in the revocation, | 19 |
| suspension,
or refusal to issue or renew a license, the | 20 |
| Secretary Director may order a rehearing by
the same or other | 21 |
| hearing officers examiners .
| 22 |
| (Source: P.A. 88-683, eff. 1-24-95; 89-61, eff. 6-30-95; | 23 |
| 89-626, eff.
8-9-96 .)
| 24 |
| (225 ILCS 37/95)
|
|
|
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|
| 1 |
| (Section scheduled to be repealed on December 31, 2008)
| 2 |
| Sec. 95. Appointment of hearing officer. The Secretary | 3 |
| Director has the authority
to appoint any attorney duly | 4 |
| licensed to practice law in the State of Illinois
to serve as | 5 |
| the hearing officer in any action for Departmental refusal to | 6 |
| issue
a license, renew a license, or to discipline a licensee. | 7 |
| The hearing officer
has full authority to conduct the hearing. | 8 |
| At least one member of the Board
shall attend each hearing. The | 9 |
| hearing officer shall report the findings of
fact,
conclusions | 10 |
| of law, and recommendations to the Board and the Secretary | 11 |
| Director . The
Board has 60 calendar days from receipt of the | 12 |
| report to review the report of
the hearing officer and present | 13 |
| its findings of fact, conclusions of law, and
recommendations | 14 |
| to the Secretary Director . If the Board fails to present its | 15 |
| report
within the 60 calendar day period, the Secretary | 16 |
| Director may issue an order based on the
report of
the hearing | 17 |
| officer. If the Secretary Director disagrees with the | 18 |
| recommendation of the
Board or the hearing officer, the | 19 |
| Secretary Director may issue an order in contravention
of the | 20 |
| recommendation.
| 21 |
| (Source: P.A. 89-61, eff. 6-30-95 .)
| 22 |
| (225 ILCS 37/100)
| 23 |
| (Section scheduled to be repealed on December 31, 2008)
| 24 |
| Sec. 100. Order or certified copy. An order or a certified | 25 |
| copy thereof,
over the seal of the Department and purporting to |
|
|
|
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| 1 |
| be signed by the Secretary Director ,
shall be prima facie proof | 2 |
| that:
| 3 |
| (1) the signature is the genuine signature of the Secretary | 4 |
| Director ;
| 5 |
| (2) the Secretary Director is duly appointed and qualified; | 6 |
| and
| 7 |
| (3) the Board and its members are qualified to act.
| 8 |
| (Source: P.A. 89-61, eff. 6-30-95 .)
| 9 |
| (225 ILCS 37/115)
| 10 |
| (Section scheduled to be repealed on December 31, 2008)
| 11 |
| Sec. 115. Temporary suspension. The Secretary Director may | 12 |
| summarily suspend the
license of an environmental health | 13 |
| practitioner without a hearing,
simultaneously with the | 14 |
| initiation of proceedings for a hearing provided for in
this | 15 |
| Act, if the Secretary Director finds that evidence in his or | 16 |
| her possession
indicates that an environmental health | 17 |
| practitioner's continuation in practice
would constitute an | 18 |
| imminent danger to the public. In the event that the Secretary
| 19 |
| Director summarily suspends the license of an environmental | 20 |
| health practitioner
without a hearing, a hearing by the Board | 21 |
| must be held within 30 calendar days
after the suspension has | 22 |
| occurred.
| 23 |
| (Source: P.A. 89-61, eff. 6-30-95 .)
| 24 |
| Section 99. Effective date. This Act takes effect upon |
|
|
|
09500HB4249sam002 |
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|
| 1 |
| becoming law.".
|
|