Full Text of SB0155 95th General Assembly
SB0155 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 SB0155
Introduced 1/31/2007, by Sen. Terry Link SYNOPSIS AS INTRODUCED: |
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New Act |
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5 ILCS 80/4.28 new |
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Creates the Painting, Drywall Finishing, and Glazing Contractor Licensing Act. Regulates painting, drywall finishing, and glazing contractors through licensure requirements. Provides for enforcement of the Act by the Department of Financial and Professional Regulation and the Painting, Drywall Finishing, and Glazing Contractor Licensing Board. Amends the Regulatory Sunset Act to set a repeal date for the Painting, Drywall Finishing, and Glazing Contractor Licensing Act of January 1, 2018. Effective immediately.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
FISCAL NOTE ACT MAY APPLY |
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A BILL FOR
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SB0155 |
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LRB095 04314 RAS 24355 b |
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| AN ACT concerning regulation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 1. Short title. This Act may be cited as the | 5 |
| Painting, Drywall Finishing, and Glazing Contractor Licensing | 6 |
| Act. | 7 |
| Section 5. Definitions. In this Act: | 8 |
| "Board" means the Painting, Drywall Finishing, and Glazing | 9 |
| Contractor Licensing Board. | 10 |
| "Contractor" means a person who manages the daily | 11 |
| activities of a painting, drywall finishing, or glazing | 12 |
| business, including field supervision. | 13 |
| "Department" means the Department of Financial and | 14 |
| Professional Regulation. | 15 |
| "Drywall finishing" includes the taping, surfacing, and | 16 |
| finishing of drywall. | 17 |
| "Foreman" means a person who has the knowledge and skill of | 18 |
| a journeyman and directly supervises physical painting, | 19 |
| drywall finishing, or glazing. | 20 |
| "Glazing" means setting glass in window frames. | 21 |
| "Journeyman" means a person who has completed an | 22 |
| apprenticeship program approved by the Department or is an | 23 |
| experienced worker, not a trainee, and is fully qualified and |
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| able to perform painting, drywall finishing, or glazing without | 2 |
| supervision. | 3 |
| "Paint" consists of vehicle, pigment, binder, and dryers. | 4 |
| "Painting" means the application of paint. "Painting" does | 5 |
| not include the application of paint used in conjunction with | 6 |
| the repair, maintenance, or customization of a vehicle, as | 7 |
| defined in the Illinois Vehicle Code. | 8 |
| "Person" means an individual, partnership, corporation, | 9 |
| business trust, limited liability company, or other legal | 10 |
| entity. | 11 |
| "Secretary" means the Secretary of Financial and | 12 |
| Professional Regulation. | 13 |
| Section 10. Licensure requirement. | 14 |
| (a) Beginning January 1, 2008, a person may not act as a | 15 |
| contractor on a project in which the total cost (labor and | 16 |
| materials) of one or more of the contractor's contracts is $500 | 17 |
| or more without being licensed under this Act. | 18 |
| (b) Beginning January 1, 2008, a contractor must be | 19 |
| licensed before submitting bids. | 20 |
| Section 12. Exemptions. | 21 |
| (a) This Act does not apply to the following specific areas | 22 |
| of the trade: | 23 |
| (1) Scraping, sweeping, and general clean-up of steel | 24 |
| beams during bridge construction prior to painting. |
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| (2) Power washing and sandblasting work prior to | 2 |
| priming and painting. | 3 |
| (3) Lead-based paint removal. | 4 |
| (4) Taping compound (mud) clean-up from floors. | 5 |
| (5) Plastic or cardboard covering and empty cans | 6 |
| clean-up. | 7 |
| (6) Removal of old paint from roadways and direct | 8 |
| traffic. | 9 |
| (b) This Act does not apply to the performance of painting, | 10 |
| drywall finishing, or glazing of any property owned or operated | 11 |
| by a public utility, a public utility affiliate, a | 12 |
| telecommunications carrier or its affiliate, an electric | 13 |
| cooperative as defined in Section 3.4 of the Electric Supplier | 14 |
| Act, a telephone cooperative as defined in Section 13-212 of | 15 |
| the Public Utilities Act, a utility owned and operated by a | 16 |
| municipal corporation or unit of local government, or a company | 17 |
| that generates electricity. | 18 |
| (c) This Act does not apply to electrical contractors, | 19 |
| utility workers, or their employees performing painting of | 20 |
| brackets, fixtures, electrical equipment, transmission towers, | 21 |
| traffic signal or lighting poles, welds, or other miscellaneous | 22 |
| equipment that is deemed necessary to complete the electrical | 23 |
| maintenance or installation. | 24 |
| (d) This Act does not apply to licensed plumbers, sprinkler | 25 |
| fitters, and pipefitters performing work in plumbing, | 26 |
| pipefitting, heating, irrigation, ventilation, air |
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| conditioning, refrigeration (HVACR) systems, instrumentation, | 2 |
| and stress relieving. | 3 |
| (e) This Act does not apply to a manufacturer as part of | 4 |
| ongoing maintenance on property owned or leased by such | 5 |
| manufacturer. | 6 |
| (f) The provisions of this Act do not apply to painting, | 7 |
| drywall finishing, or glazing supplies or services sold or | 8 |
| provided by employees or agents of a business entity primarily | 9 |
| engaged in the retail sale of consumer products. | 10 |
| (g) This Act does not apply to the performance of painting, | 11 |
| drywall finishing, or glazing of any property owned or operated | 12 |
| by a water or wastewater system that serves a municipality with | 13 |
| a population of 10,000 citizens or less or any size rural water | 14 |
| or wastewater system. | 15 |
| (h) This Act does not apply to individuals performing | 16 |
| custodial and maintenance work whose job duties also include | 17 |
| drywall repair and related drywall taping, spot painting, and | 18 |
| minor glazing repair work. | 19 |
| (i) This Act does not apply to the painting of roadway | 20 |
| surfaces. | 21 |
| (j) This Act does not apply to overall interior and | 22 |
| exterior demolition. | 23 |
| (k) Nothing in this Act shall be construed to require a | 24 |
| person who performs painting, drywall finishing, or glazing on | 25 |
| his or her own property to be licensed under this Act. | 26 |
| (l) Nothing in this Act shall be construed to require a |
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| person who performs painting, drywall finishing, or glazing | 2 |
| work on his or her employer's property to be licensed under | 3 |
| this Act where there exists an employer-employee relationship. | 4 |
| (m) This Act does not apply to a person, or to the person's | 5 |
| employees, who perform painting, drywall finishing, or glazing | 6 |
| work incidental to the management of real property on behalf of | 7 |
| the owner of the property, so long as the person or employee | 8 |
| does not hold himself or herself out as, or bid for work | 9 |
| separately as, a painting, drywall finishing, or glazing | 10 |
| contractor. | 11 |
| Section 15. Powers and duties of the Department. The | 12 |
| Department may exercise the following powers and
duties subject | 13 |
| to the provisions of this Act:
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| (1) To prescribe forms of application for licensure.
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| (2) To pass upon the qualifications of applicants for | 16 |
| licensure and issue licenses to those found to be
fit and | 17 |
| qualified.
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| (3) To conduct hearings on proceedings to revoke, | 19 |
| suspend, or otherwise
discipline or to refuse to issue or | 20 |
| renew licenses.
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| (4) To adopt rules when required for the administration
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| and enforcement of this Act. | 23 |
| Section 20. Application for original licensure.
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| (a) To obtain an original license, an applicant shall |
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| submit an application in writing to the Department on a form | 2 |
| containing the information prescribed by the Department and | 3 |
| accompanied by the required application fee, which shall not be | 4 |
| refundable. An application shall require information that in | 5 |
| the judgment of the Department will enable the Department to | 6 |
| pass on the qualifications of the applicant for a license. | 7 |
| (b) An applicant for a license must submit satisfactory | 8 |
| evidence that he or she: | 9 |
| (1) has obtained public liability and property damage | 10 |
| insurance in such amounts and under such circumstances as | 11 |
| may be determined by the Department; | 12 |
| (2) has obtained workers' compensation insurance | 13 |
| covering his or her employees or is approved as a | 14 |
| self-insurer of workers' compensation in accordance with | 15 |
| Illinois law; | 16 |
| (3) has an Illinois Unemployment Insurance | 17 |
| identification number or has proof of application to the | 18 |
| Illinois Department of Labor for such an identification | 19 |
| number; and
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| (4) has submitted a bond to the Department in the | 21 |
| amount of $10,000. | 22 |
| (c) It is the responsibility of the licensee to provide to | 23 |
| the Department notice in writing of any changes in the | 24 |
| information required to be provided on the application. | 25 |
| Section 23. Business as an individual; application as legal |
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| entity.
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| (a) When an individual proposes to do business in his or | 3 |
| her own name, licensure, when granted, shall be issued only to | 4 |
| that individual. | 5 |
| (b) If the applicant is proposing to qualify a partnership, | 6 |
| corporation, business trust, or other legal entity, | 7 |
| application shall be made for each such entity and shall state | 8 |
| the name of the partnership and of its partners, the name of | 9 |
| the corporation and of its officers and directors, the name of | 10 |
| business trust and its trustees, or the name of such other | 11 |
| legal entity and its members, and the use of fictitious names, | 12 |
| if a fictitious name is used. The application shall also show | 13 |
| that the person applying for the certification is legally | 14 |
| qualified to act for the business organization in all matters | 15 |
| connected with its contracting business and that he or she has | 16 |
| authority to supervise painting, drywall finishing, and | 17 |
| glazing operations. | 18 |
| Section 27. License number on contracts and bids.
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| (a) Each contractor shall affix his or her license number | 20 |
| to all his or her contracts and bids. In addition, the official | 21 |
| issuing building permits shall affix the contractor's license | 22 |
| number to each application for a building permit and on each | 23 |
| building permit issued and recorded. | 24 |
| (b) Every contractor shall affix his or her license number | 25 |
| and name on all vehicles used as part of his or her business as |
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| a contractor. | 2 |
| (c) Every holder of a license shall display it in a | 3 |
| conspicuous place in his or her principal office, place of | 4 |
| business, or employment. | 5 |
| Section 30. Qualifications for a license as a contractor.
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| (a) To qualify for a license as a contractor, a person | 7 |
| shall have at least 48 months of practical experience as | 8 |
| defined by rule.
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| (b) The Department may credit training, apprenticeship, or | 10 |
| education in lieu of the 48 months of practical experience as | 11 |
| follows:
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| (1) a maximum of one and one-half years upon submission | 13 |
| of a certificate of completion from a U.S. D.O.L. Bureau of | 14 |
| Apprenticeship and Training accredited school for | 15 |
| painting, drywall finishing, or glazing completed in not | 16 |
| less than 12 months; or | 17 |
| (2) a maximum of 2 years upon submission of transcripts | 18 |
| of one of the following: | 19 |
| (A) a 4-year degree from an accredited college or | 20 |
| university in the fields of accounting, business, | 21 |
| economics, mathematics, physics, or areas; | 22 |
| (B) a professional degree in law; or | 23 |
| (C) substantial college or university course work | 24 |
| in accounting, architecture, business, construction | 25 |
| technology, drafting, economics, engineering, |
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| mathematics, or physics; or | 2 |
| (3) a maximum of 3 years upon submission of: | 3 |
| (A) a Certificate of Completion of Apprenticeship | 4 |
| from an U.S. D.O.L. Bureau of Apprenticeship and | 5 |
| Training accredited apprenticeship program or a | 6 |
| certified statement of a completion of apprenticeship | 7 |
| training from the International Union of Painters and | 8 |
| Allied Trades; or
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| (B) transcripts for a 4-year degree from an | 10 |
| accredited college or university in architecture, | 11 |
| construction technology, or any field of engineering | 12 |
| that is directly related to painting, drywall | 13 |
| finishing, or glazing. | 14 |
| (c) Applicants have 3 years from the date of application to | 15 |
| complete the application process. If the application has not | 16 |
| been completed within 3 years, the application shall be denied, | 17 |
| the fee shall be forfeited, and the applicant must reapply and | 18 |
| meet the requirements in effect at the time of reapplication. | 19 |
| Section 33. Bond. Before issuing or renewing a license, the
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| Department shall require each applicant or licensee to file and
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| maintain in force a surety bond in the amount specified in | 22 |
| paragraph (4) of subsection (b) of Section 20, issued by an | 23 |
| insurance company
authorized to transact fidelity and surety | 24 |
| business in the State of
Illinois.
The bond shall be continuous
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| in form, unless terminated by the insurance company. An
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| insurance company may terminate a bond and avoid further | 2 |
| liability by
filing a 60-day notice of termination with the | 3 |
| Department and, at the
same time, sending the notice to the | 4 |
| contractor. A license
shall be cancelled without hearing on the | 5 |
| termination date of the contractor's
bond, unless a new bond is | 6 |
| filed with the Department to become
effective at the | 7 |
| termination date of the prior bond. If a license has
been | 8 |
| cancelled without hearing under this Section, the license shall | 9 |
| be
reinstated upon showing
proof of compliance with this Act. | 10 |
| Section 35. Expiration of license.
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| (1) A license shall expire 2 years from the last day of the | 12 |
| month in which it was issued.
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| (2) Failure to renew the license prior to the expiration
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| thereof
shall cause the license to become nonrenewed and it | 15 |
| shall
be unlawful
thereafter for the licensee to engage or | 16 |
| offer to engage in painting, drywall finishing, or glazing | 17 |
| contracting business under the license unless
and until the | 18 |
| license is restored or reissued as defined by
rule. | 19 |
| Section 40. Public records. | 20 |
| (1) All information required by the Department of any | 21 |
| applicant
for licensure shall be a public record, except | 22 |
| financial
information.
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| (2) If a licensee changes his or her name
style, address, | 24 |
| or employment
from that which appears on his or her current |
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| license,
he or she shall notify the
Department of the change | 2 |
| within 30 days after it occurs.
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| (3) All public records of the Department, when duly | 4 |
| certified by the
Secretary, shall be received as prima facie | 5 |
| evidence in any State
administrative or judicial proceedings. | 6 |
| Section 45. Grounds for disciplinary action. The | 7 |
| Department may refuse
to issue or to renew or may revoke, | 8 |
| suspend, place on probation, reprimand,
or take other | 9 |
| disciplinary action as the Department may deem proper,
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| including fines not to exceed $1,000 for each violation, with | 11 |
| regard to any
license for any one or combination of the | 12 |
| following causes:
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| (a) violation of this Act or its rules;
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| (b) conviction of any crime under the laws of any U.S. | 15 |
| jurisdiction
which is a felony or which is a misdemeanor, | 16 |
| an essential element
of which is dishonesty, or of any | 17 |
| crime which directly relates to the
practice of the | 18 |
| profession;
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| (c) making any misrepresentation for the purpose of | 20 |
| obtaining a license;
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| (d) professional incompetence or gross negligence in | 22 |
| the practice of
painting, drywall finishing, or glazing | 23 |
| contracting;
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| (e) gross malpractice, prima facie evidence of which | 25 |
| may be a conviction
or judgment of malpractice in any court |
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| of competent jurisdiction;
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| (f) aiding or assisting another person in violating any | 3 |
| provision of
this Act or rules;
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| (g) failing, within 60 days, to provide information in | 5 |
| response to a
written request made by the Department which | 6 |
| has been sent by certified or
registered mail to the | 7 |
| licensee's last known address;
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| (h) engaging in dishonorable, unethical, or | 9 |
| unprofessional conduct of a
character likely to deceive, | 10 |
| defraud, or harm the public;
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| (i) habitual or excessive use or addiction to alcohol, | 12 |
| narcotics,
stimulants, or any other chemical agent or drug | 13 |
| that results in the
inability to practice with reasonable | 14 |
| judgment, skill, or safety;
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| (j) discipline by another U.S. jurisdiction or foreign | 16 |
| nation, if at
least one of the grounds for the discipline | 17 |
| is the same or substantially
equivalent to those set forth | 18 |
| in this Section;
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| (k) directly or indirectly giving to or receiving from | 20 |
| any person, firm,
corporation, partnership, or association | 21 |
| any fee, commission, rebate, or
other form of compensation | 22 |
| for any professional services not actually or
personally | 23 |
| rendered;
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| (l) a finding by the Department that the licensee, | 25 |
| after having his
or her license placed on probationary | 26 |
| status, has violated the terms of
probation;
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| (m) conviction by any court of competent jurisdiction, | 2 |
| either within or
without this State, of any violation of | 3 |
| any law governing the practice of
painting, drywall | 4 |
| finishing, or glazing contracting, if the Department | 5 |
| determines, after investigation,
that such person has not | 6 |
| been sufficiently rehabilitated to warrant the
public | 7 |
| trust;
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| (n) a finding that licensure has been applied for or | 9 |
| obtained by
fraudulent means;
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| (o) practicing, attempting to practice, or advertising | 11 |
| under
a name
other than the
full name as shown on the | 12 |
| license or any other legally authorized name;
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| (p) gross and willful overcharging for professional | 14 |
| services including
filing false statements for collection | 15 |
| of fees or monies for which services
are not rendered;
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| (q) failure to file a return, or to pay the tax, | 17 |
| penalty or interest
shown in a filed return, or to pay any | 18 |
| final assessment of tax, penalty or
interest, as required | 19 |
| by any tax Act administered by the Illinois
Department of | 20 |
| Revenue, until such time as the requirements of any such | 21 |
| tax
Act are satisfied;
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| (r) failure to continue to meet the requirements of | 23 |
| this Act shall be
deemed a violation;
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| (s) physical or mental disability, including | 25 |
| deterioration through the
aging process or loss of | 26 |
| abilities and skills that result in an inability to
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| practice the profession with reasonable judgment, skill, | 2 |
| or safety;
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| (t) material misstatement in furnishing information to | 4 |
| the Department or
to
any other State agency;
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| (u) the determination by a court that a licensee is | 6 |
| subject to involuntary
admission or judicial admission as | 7 |
| provided in the Mental Health and
Developmental | 8 |
| Disabilities Code will result in an automatic suspension of | 9 |
| his
or her license. The suspension will end upon a finding | 10 |
| by a court that the
licensee is no longer subject to | 11 |
| involuntary admission or judicial admission,
the issuance | 12 |
| of an order so finding and discharging the patient, and the
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| recommendation of the Board to the Secretary that the | 14 |
| licensee be allowed to
resume professional practice;
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| (v) advertising in any manner that is false, | 16 |
| misleading, or deceptive; or
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| (w) a violation of the Union Employee Health and | 18 |
| Benefits Protection Act, the Minimum Wage Law, the Illinois | 19 |
| Wage Payment and Collection Act, the Prevailing Wage Act, | 20 |
| the One Day Rest in Seven Act, or the Employee Benefit | 21 |
| Contribution Act.
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| The Department shall deny any license or renewal under this
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| Act to any person who has defaulted on an educational loan | 24 |
| guaranteed by
the Illinois Student Assistance Commission; | 25 |
| however, the Department may
issue a license or renewal if the | 26 |
| person in default has established a
satisfactory repayment |
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| record as determined by the Illinois Student Assistance | 2 |
| Commission. | 3 |
| Section 50. Stenographer; record of proceedings. The | 4 |
| Department, at its
expense, shall provide a stenographer to | 5 |
| take down the testimony and preserve
a record of all | 6 |
| proceedings initiated pursuant to this Act, the rules for the
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| administration of this Act, or any other Act or rules relating | 8 |
| to this Act
and proceedings for restoration of any license | 9 |
| issued under this Act. The
notice of hearing, complaint, | 10 |
| answer, and all other documents in the nature
of pleadings and | 11 |
| written motions and responses filed in the proceedings, the
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| transcript of the testimony, all exhibits admitted into | 13 |
| evidence, the report
of the hearing officer, the Board's | 14 |
| findings of fact, conclusions of law,
and recommendations to | 15 |
| the Secretary, and the order shall be the record
of the | 16 |
| proceedings. The Department shall furnish a transcript of the | 17 |
| record
to any person interested in the hearing upon payment of | 18 |
| the fee required
under Section 2105-115
of the Department of | 19 |
| Professional Regulation Law (20 ILCS 2105/2105-115). | 20 |
| Section 55. Attendance of witnesses; production of | 21 |
| documents; contempt. Any circuit court may, upon application of | 22 |
| the Department or
its designee or of the applicant or licensee | 23 |
| against whom proceedings are
pending, enter an order requiring | 24 |
| the attendance of witnesses and their
testimony, and the |
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| production of documents, papers, files, books, and
records in | 2 |
| connection with any hearing or investigation. The court may
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| compel obedience to its order by proceedings for contempt. | 4 |
| Section 60. Subpoenas; oaths. The Department has the power | 5 |
| to subpoena and bring before it any
person in this State and to | 6 |
| take testimony either orally or by deposition or
both, or to | 7 |
| subpoena documents, exhibits, or other materials with the same
| 8 |
| fees and mileage and in the same manner as prescribed by law in | 9 |
| judicial
proceedings in civil cases in circuit courts of this | 10 |
| State.
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| The Secretary and any member of the Board have power to
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| administer oaths to witnesses at any hearing that the | 13 |
| Department or Board is authorized by law to conduct. Further, | 14 |
| the Secretary has power
to administer any other oaths required | 15 |
| or authorized to be administered by the
Department under this | 16 |
| Act. | 17 |
| Section 65. Findings of facts, conclusions of law, and | 18 |
| recommendations; order. Within 60
days
of the Department's | 19 |
| receipt of the transcript of any hearing that is conducted
| 20 |
| pursuant to this Act or the rules for its enforcement or any | 21 |
| other statute or
rule
requiring a hearing under this Act or the | 22 |
| rules for its enforcement, or for any
hearing related to | 23 |
| restoration of any license issued pursuant to this Act, the
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| hearing officer shall submit his or her written findings and |
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| recommendations to
the Board. The Board shall review the report
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| of
the hearing officer and shall present its findings of fact, | 3 |
| conclusions of law,
and recommendations to the Secretary by the | 4 |
| date of the Board's second meeting
following the Board's | 5 |
| receipt of the hearing officer's report.
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| A copy of the findings of fact, conclusions of law, and | 7 |
| recommendations to
the Secretary shall be served upon the | 8 |
| accused person, either personally or by
registered or certified | 9 |
| mail. Within 20 days after service, the accused person
may | 10 |
| present to the Department a written motion for a rehearing, | 11 |
| which shall
state
the particular grounds therefor. If the | 12 |
| accused person orders and pays for a
transcript pursuant to | 13 |
| Section 50, the time elapsing thereafter and before
the
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| transcript is ready for delivery to him or her shall not be | 15 |
| counted as part of
the
20
days.
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| The Secretary shall issue an order based on the findings of | 17 |
| fact,
conclusions
of law, and recommendations to the Secretary. | 18 |
| If the Secretary
disagrees in any regard with the findings of | 19 |
| fact, conclusions of law, and
recommendations to the Secretary, | 20 |
| he may issue an order in contravention of the
findings of fact, | 21 |
| conclusions of law, and recommendations to the Secretary.
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| If the Secretary issues an order in contravention of the | 23 |
| findings of fact,
conclusions of law, and recommendations to | 24 |
| the Secretary, the
Secretary shall notify the Board in writing | 25 |
| with an explanation for any
deviation
from the Board's findings | 26 |
| of fact, conclusions of law, and recommendations to
the
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| Secretary within 30 days of the Secretary's entry of the order. | 2 |
| Section 70. Temporary suspension. The Secretary may | 3 |
| temporarily suspend the
license of a painting, drywall | 4 |
| finishing, or glazing contractor without a hearing, | 5 |
| simultaneously with
the institution of proceedings for a | 6 |
| hearing provided for in this Act, if
the Secretary finds that | 7 |
| evidence in his or her possession indicates that
continuation | 8 |
| in practice would constitute an imminent danger to the public.
| 9 |
| In the event that the Secretary temporarily suspends a license | 10 |
| without a
hearing, a hearing by the Department shall be held
| 11 |
| within 30 days after such suspension has occurred. | 12 |
| Section 75. Review under Administrative Review Law. All | 13 |
| final administrative decisions of the Department are
subject to | 14 |
| judicial review pursuant to the Administrative Review Law and | 15 |
| its rules. The term "administrative decision" is defined as
in | 16 |
| Section 3-101 of the Code of Civil Procedure. | 17 |
| Section 80. Violations. A violation of this Act is | 18 |
| punishable by a $1,000 fine for a first offense and a $2,500 | 19 |
| fine for a second offense. A third or subsequent violation of | 20 |
| this Act is a Class A misdemeanor. | 21 |
| Section 85. Administrative Procedure Act. The Illinois | 22 |
| Administrative
Procedure Act is hereby expressly adopted and |
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| 1 |
| incorporated
herein as if all of the provisions of that Act | 2 |
| were included in
this Act, except that the provision of | 3 |
| subsection (d) of
Section 10-65 of the Illinois Administrative | 4 |
| Procedure Act
that provides that at hearings the licensee has | 5 |
| the
right to show compliance with all lawful requirements for | 6 |
| retention,
continuation or renewal of the license is | 7 |
| specifically excluded. For the
purpose of this Act the notice | 8 |
| required under Section 10-25 of the
Administrative Procedure | 9 |
| Act is deemed sufficient when mailed
to the last known address | 10 |
| of a party. | 11 |
| Section 90. Certification of record; costs. The Department | 12 |
| shall not be
required to certify any record to the court, to | 13 |
| file an answer in court, or to
otherwise appear in any court in | 14 |
| a judicial review proceeding, unless there is
filed in the | 15 |
| court, with the complaint, a receipt from the Department
| 16 |
| acknowledging payment of the costs of furnishing and certifying | 17 |
| the record.
Failure on the part of the plaintiff to file the | 18 |
| receipt in court is grounds
for dismissal of the action. | 19 |
| Section 95. Returned checks; fines.
Any person who | 20 |
| delivers a check or other payment to the Department that
is | 21 |
| returned to the Department unpaid by the financial institution | 22 |
| upon
which it is drawn shall pay to the Department, in addition | 23 |
| to the amount
already owed to the Department, a fine of $50. | 24 |
| The fines imposed by this
Section are in addition
to any other |
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| discipline provided under this Act for unlicensed
practice or | 2 |
| practice on a nonrenewed license. The Department shall notify
| 3 |
| the person that payment of fees and fines shall be paid to the | 4 |
| Department
by certified check or money order within 30 calendar | 5 |
| days of the
notification. If, after the expiration of 30 days | 6 |
| from the date of the
notification, the person has failed to | 7 |
| submit the necessary remittance, the
Department shall | 8 |
| automatically terminate the license or deny
the application, | 9 |
| without hearing. If, after termination or denial, the
person | 10 |
| seeks a license, he or she shall apply to the
Department for | 11 |
| restoration or issuance of the license and
pay all the | 12 |
| application fees as set by rule. The Department may establish
a | 13 |
| fee for the processing of an application for restoration of a | 14 |
| license to pay
all expenses of processing this application. The | 15 |
| Secretary
may waive the fines due under this Section in | 16 |
| individual cases where the
Secretary finds that the fines would | 17 |
| be unreasonable or unnecessarily
burdensome. | 18 |
| Section 100. Hearing officers. The Secretary has the | 19 |
| authority to appoint any
attorney duly licensed to practice law | 20 |
| in the State of Illinois to serve as
the hearing officer for | 21 |
| any action for refusal to issue or renew a license,
for
| 22 |
| discipline of a licensee for sanctions for unlicensed practice, | 23 |
| for
restoration of a license, or for any
other action for which | 24 |
| findings of fact, conclusions of law, and
recommendations
are | 25 |
| required pursuant to Section 65 of this Act. The hearing |
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| officer shall
have full authority to conduct the hearing and | 2 |
| shall
issue his or her findings of fact and recommendations to | 3 |
| the Board pursuant to
Section 65 of this Act. | 4 |
| Section 105. Investigation; notice; default. The | 5 |
| Department may
investigate the actions of any applicant
or any | 6 |
| person or persons holding or claiming to hold a license. The
| 7 |
| Department shall, before suspending, revoking, placing on | 8 |
| probationary
status, or taking any other disciplinary action as | 9 |
| the Department may deem
proper with regard to any license, at | 10 |
| least 30 days prior to
the date set for the hearing, notify the | 11 |
| accused in writing of any charges
made and the time and place | 12 |
| for a hearing on the charges before the hearing
officer, direct | 13 |
| him or her to file his written answer with the hearing
officer | 14 |
| under oath within 30 days after the service on him or her of | 15 |
| such
notice,
and inform him or her that if he or she fails to | 16 |
| file such answer
default will be taken
against him or her and | 17 |
| his or her license may be
suspended, revoked,
placed on | 18 |
| probationary status, or other disciplinary action, including
| 19 |
| limiting the scope, nature or extent of his or her practice, as | 20 |
| the
Department may
deem proper, taken. This written notice may | 21 |
| be served
by personal delivery or certified or registered mail | 22 |
| to the Department.
In case the person fails to file an answer | 23 |
| after receiving notice, his or
her license may, in the | 24 |
| discretion of the Department, be
suspended, revoked, or placed | 25 |
| on probationary status, or the Department may
take whatever |
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| disciplinary action deemed proper, including limiting the
| 2 |
| scope, nature, or extent of the person's practice or the | 3 |
| imposition of a
fine, without a hearing, if the act or acts | 4 |
| charged constitute sufficient
grounds for such action under | 5 |
| this Act.
At
the time and place fixed in the notice, the | 6 |
| Department shall proceed to
hear the charges and the parties or | 7 |
| their counsel shall be accorded ample
opportunity to present | 8 |
| such statements, testimony, evidence and argument as
may be | 9 |
| pertinent to the charges or to their defense. The Department
| 10 |
| may continue such hearing from time to time. At the discretion | 11 |
| of the
Secretary after having first received the recommendation | 12 |
| of the hearing
officer, the accused person's license may be | 13 |
| suspended, revoked, placed on
probationary status, or other | 14 |
| disciplinary action may be taken as the
Secretary may deem | 15 |
| proper, including limiting the scope, nature, or extent
of said | 16 |
| person's practice without a hearing, if the act or acts charged
| 17 |
| constitute sufficient grounds for such action under this Act. | 18 |
| Section 110. Enforcement; petition to court. | 19 |
| (a) If any person violates the provisions of this Act, the
| 20 |
| Secretary through the Attorney General of Illinois, or the | 21 |
| State's Attorney
of any county in which a violation is alleged | 22 |
| to exist, may in the name of
the People of the State of | 23 |
| Illinois petition for an order enjoining such
violation or for | 24 |
| an order enforcing compliance with this Act. Upon the
filing of | 25 |
| a verified petition in such court, the court may issue a
|
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| temporary restraining order, without notice or bond, and may | 2 |
| preliminarily
and permanently enjoin such violation, and if it | 3 |
| is established that such
person has violated or is violating | 4 |
| the injunction, the Court may punish the
offender for contempt | 5 |
| of court.
| 6 |
| (b) If any person shall practice as a
licensee or hold | 7 |
| himself or herself out as a
licensee without being licensed
| 8 |
| under the provisions of this Act, then any person licensed
| 9 |
| under this Act,
any interested party or any person injured | 10 |
| thereby may, in addition to
those officers identified in | 11 |
| subsection (a) of this Section, petition for
relief as provided | 12 |
| therein.
| 13 |
| (c) Whenever the Department has reason to believe that any | 14 |
| person has
violated the licensing requirements of this Act by | 15 |
| practicing, offering to
practice, attempting to practice, or | 16 |
| holding himself or herself out to practice
painting, drywall | 17 |
| finishing, or glazing without being licensed under this Act, | 18 |
| the Department may issue a rule
to
show cause why an order to | 19 |
| cease and desist should not be entered against that
person. The | 20 |
| rule shall clearly set forth the grounds relied upon by the
| 21 |
| Department and shall provide a period of 7 days from the date | 22 |
| of the rule to
file
an answer to the satisfaction of the | 23 |
| Department. Failure to answer to the
satisfaction of the | 24 |
| Department shall cause an order to cease and desist to be
| 25 |
| issued immediately. It is not a violation of this Act for a | 26 |
| person whose regular job duties are custodial and maintenance |
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| 1 |
| work, but who in the normal course of work engages in | 2 |
| incidental drywall repair, related drywall taping, spot | 3 |
| painting, and minor glazing repair work.
| 4 |
| (d) Proceedings under this Section shall be
in addition to, | 5 |
| and not in lieu of, all other remedies and penalties which
may | 6 |
| be provided by law. | 7 |
| Section 115. Unlicensed practice; violation; civil | 8 |
| penalty.
| 9 |
| (a) Any person who practices, offers to practice, attempts | 10 |
| to practice, or
holds himself or herself out to practice | 11 |
| painting, drywall finishing, or glazing without being licensed | 12 |
| under
this Act shall, in addition to any other penalty provided | 13 |
| by law, pay a civil
penalty to the Department in an amount not | 14 |
| to exceed $5,000 for each offense as
determined by the | 15 |
| Department. The civil penalty shall be assessed by the
| 16 |
| Department after a hearing is held in accordance with the | 17 |
| provisions set forth
in this Act regarding the provision of a | 18 |
| hearing for the discipline of a
licensee.
| 19 |
| (b) The Department has the authority and power to | 20 |
| investigate any and all
unlicensed activity.
| 21 |
| (c) The civil penalty shall be paid within 60 days after | 22 |
| the effective date
of the order imposing the civil penalty. The | 23 |
| order shall constitute a judgment
and may be filed and | 24 |
| execution had thereon in the same manner as any judgment
from | 25 |
| any court of record. |
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| Section 120. Deposit of fees. All fees and fines collected | 2 |
| under this Act shall be deposited into the General Professions | 3 |
| Dedicated Fund and shall be appropriated to the Department for | 4 |
| the purpose of administering and enforcing this Act. | 5 |
| Section 125. The Painting, Drywall Finishing, and Glazing | 6 |
| Contractor Licensing Board. The Painting, Drywall Finishing, | 7 |
| and Glazing Contractor Licensing Board is created and
shall | 8 |
| consist of 7 persons, one of whom is a knowledgeable public
| 9 |
| member and 6 of whom have been issued licenses as painting, | 10 |
| drywall finishing, and glazing contractors by the Department | 11 |
| (for initial appointments, these 6 members must meet the | 12 |
| requirements for licensure under this Act).
One of the 6 | 13 |
| licensed contractors on the Board shall represent a
statewide | 14 |
| association representing painters.
The public member shall not | 15 |
| be licensed under
this Act or any other Act the Department | 16 |
| administers. Each member shall be
appointed by the Secretary. | 17 |
| Members shall be appointed who reasonably represent
the | 18 |
| different geographic areas of the State.
| 19 |
| Members of the Painting, Drywall Finishing, and Glazing | 20 |
| Contractor Licensing Board shall be immune from suit in any
| 21 |
| action based upon any disciplinary proceedings or other acts | 22 |
| performed in good
faith as members of the Board, unless the | 23 |
| conduct that gave
rise to the suit was willful and wanton | 24 |
| misconduct.
|
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| The persons appointed shall hold office for 4 years and | 2 |
| until a successor is
appointed and qualified. Of the
members of | 3 |
| the Board first appointed, 2 shall be appointed to serve for 2
| 4 |
| years, 2 shall be appointed to serve for 3 years, and 3 shall | 5 |
| be appointed to
serve for 4 years. No member shall serve more | 6 |
| than 2 complete 4-year terms.
| 7 |
| Within 90 days of a vacancy occurring, the Secretary shall | 8 |
| fill the vacancy
for the unexpired portion of the term with an | 9 |
| appointee who meets the same
qualifications as the person whose | 10 |
| position has become vacant. The Board shall
meet annually to | 11 |
| elect one member as chairman and one member as vice-chairman.
| 12 |
| No officer shall be elected more than twice in succession to | 13 |
| the same office.
The members of the Board shall receive | 14 |
| reimbursement for actual, necessary, and
authorized expenses | 15 |
| incurred in attending the meetings of the Board. | 16 |
| Section 900. The Regulatory Sunset Act is amended by adding | 17 |
| Section 4.28 as follows: | 18 |
| (5 ILCS 80/4.28 new) | 19 |
| Sec. 4.28. Act repealed on January 1, 2018. The following | 20 |
| Act is repealed on January 1, 2018: | 21 |
| The Painting, Drywall Finishing, and Glazing Contractor | 22 |
| Licensing Act.
| 23 |
| Section 999. Effective date. This Act takes effect upon | 24 |
| becoming law.
|
|