Full Text of SB0122 96th General Assembly
SB0122ham001 96TH GENERAL ASSEMBLY
|
Executive Committee
Filed: 5/19/2009
|
|
09600SB0122ham001 |
|
LRB096 02999 ASK 26845 a |
|
| 1 |
| AMENDMENT TO SENATE BILL 122
| 2 |
| AMENDMENT NO. ______. Amend Senate Bill 122 by replacing | 3 |
| everything after the enacting clause with the following:
| 4 |
| "Section 5. The Regulatory Sunset Act is amended by | 5 |
| changing Section 4.20 and by adding Section 4.30 as follows:
| 6 |
| (5 ILCS 80/4.20)
| 7 |
| Sec. 4.20. Acts repealed on January 1, 2010 and December | 8 |
| 31, 2010.
| 9 |
| (a) The following Acts are repealed on January 1, 2010:
| 10 |
| The Auction License Act.
| 11 |
| The Illinois Architecture Practice Act of 1989.
| 12 |
| The Illinois Landscape Architecture Act of 1989.
| 13 |
| The Illinois Professional Land Surveyor Act of 1989.
| 14 |
| The Land Sales Registration Act of 1999.
| 15 |
| The Orthotics, Prosthetics, and Pedorthics Practice | 16 |
| Act.
|
|
|
|
09600SB0122ham001 |
- 2 - |
LRB096 02999 ASK 26845 a |
|
| 1 |
| The Perfusionist Practice Act.
| 2 |
| The Professional Engineering Practice Act of 1989.
| 3 |
| The Real Estate License Act of 2000.
| 4 |
| The Structural Engineering Practice Act of 1989.
| 5 |
| (b) The following Act is repealed on December 31, 2010: | 6 |
| The Medical Practice Act of 1987. | 7 |
| (Source: P.A. 95-1018, eff. 12-18-08.)
| 8 |
| (5 ILCS 80/4.30 new) | 9 |
| Sec. 4.30. Act repealed on January 1, 2020. The following | 10 |
| Act is repealed on January 1, 2020: | 11 |
| The Illinois Architecture Practice Act of 1989. | 12 |
| The Structural Engineering Practice Act of 1989. | 13 |
| Section 10. The Illinois Architecture Practice Act of 1989 | 14 |
| is amended by changing Sections 3, 4, 5, 6, 8, 9, 10, 11, 12, | 15 |
| 13, 21, 22, 23.5, 24, 25, 26, 29, 31, 36 and 38 and by adding | 16 |
| Sections 4.5 and 17.5 as follows:
| 17 |
| (225 ILCS 305/3) (from Ch. 111, par. 1303)
| 18 |
| (Section scheduled to be repealed on January 1, 2010)
| 19 |
| Sec. 3. Application of Act. Nothing in this Act shall be
| 20 |
| deemed or construed to prevent the practice of structural | 21 |
| engineering as
defined in the Structural Engineering Practice | 22 |
| Act of 1989, the practice
of professional engineering as | 23 |
| defined in the Professional Engineering
Practice Act of 1989, |
|
|
|
09600SB0122ham001 |
- 3 - |
LRB096 02999 ASK 26845 a |
|
| 1 |
| or the preparation of documents used to prescribe
work to be | 2 |
| done inside buildings for non-loadbearing interior | 3 |
| construction,
furnishings, fixtures and equipment, or the | 4 |
| offering or preparation of
environmental analysis, feasibility | 5 |
| studies, programming or construction
management services by | 6 |
| persons other than those licensed in accordance with
this Act, | 7 |
| the Structural Engineering Practice Act of 1989 or
the | 8 |
| Professional Engineering Practice Act of 1989.
| 9 |
| Nothing contained in this Act shall prevent the draftsmen, | 10 |
| students,
project representatives and other employees of those | 11 |
| lawfully practicing as
licensed architects under the | 12 |
| provisions of this Act, from acting under the responsible
| 13 |
| direct supervision and control of their employers, or to | 14 |
| prevent the
employment of project representatives for | 15 |
| enlargement or alteration of
buildings or any parts thereof, or | 16 |
| prevent such project representatives
from acting under the | 17 |
| responsible direct supervision and control of the licensed
| 18 |
| architect by whom the construction documents including | 19 |
| drawings and
specifications of any such building, enlargement | 20 |
| or alteration were prepared.
| 21 |
| Nothing in this Act or any other Act shall prevent a | 22 |
| licensed
architect from practicing interior design services. | 23 |
| Nothing in this Act
shall be construed as requiring the | 24 |
| services of an interior designer for
the interior designing of | 25 |
| a single family residence.
| 26 |
| The involvement of a licensed architect is not required for |
|
|
|
09600SB0122ham001 |
- 4 - |
LRB096 02999 ASK 26845 a |
|
| 1 |
| the following:
| 2 |
| (A) The building, remodeling or repairing of any | 3 |
| building
or other structure outside of the corporate limits | 4 |
| of any city or village,
where such building or structure is | 5 |
| to be, or is used for
farm purposes, or for the purposes of | 6 |
| outbuildings or auxiliary buildings
in connection with | 7 |
| such farm premises.
| 8 |
| (B) The construction, remodeling or repairing of a | 9 |
| detached
single family residence on a single lot.
| 10 |
| (C) The construction, remodeling or repairing of a
| 11 |
| two-family residence of wood frame construction on a single | 12 |
| lot, not more
than two stories and basement in height.
| 13 |
| (D) Interior design services for buildings which
do not | 14 |
| involve life safety or structural changes.
| 15 |
| However, when an ordinance of a unit of local government | 16 |
| requires the involvement of a licensed architect for any | 17 |
| buildings included in the preceding paragraphs (A) through (D), | 18 |
| the requirements of this Act shall apply. All buildings not | 19 |
| included in the preceding paragraphs (A)
through (D), including | 20 |
| multi-family buildings and buildings previously
exempt from | 21 |
| the involvement of a licensed architect under those paragraphs | 22 |
| but subsequently non-exempt due to a change
in occupancy or | 23 |
| use, are subject to the requirements of this Act. Interior
| 24 |
| alterations which result in life safety or structural changes | 25 |
| of the
building are subject to the requirements of this Act.
| 26 |
| (Source: P.A. 92-16, eff. 6-28-01; 93-1009, eff. 1-1-05.)
|
|
|
|
09600SB0122ham001 |
- 5 - |
LRB096 02999 ASK 26845 a |
|
| 1 |
| (225 ILCS 305/4) (from Ch. 111, par. 1304)
| 2 |
| (Section scheduled to be repealed on January 1, 2010)
| 3 |
| Sec. 4. Definitions. In this Act:
| 4 |
| "Address of record" means the designated address recorded | 5 |
| by the Department in the applicant's or licensee's application | 6 |
| file or license file maintained by the Department's licensure | 7 |
| maintenance unit. It is the duty of the applicant or licensee | 8 |
| to inform the Department of any change of address, and such | 9 |
| changes must be made either through the Department's website or | 10 |
| by directly contacting the Department. | 11 |
| "Architect, Retired" means a person who has been duly
| 12 |
| licensed as an architect by the Department and who chooses to | 13 |
| place on inactive status or not renew his or her license | 14 |
| pursuant to Section 17.5 of this Act. | 15 |
| "Architectural intern" means an unlicensed person who has | 16 |
| completed the education requirements, is actively | 17 |
| participating in the diversified professional training, and
| 18 |
| maintains in good standing a training record as required for | 19 |
| licensure by this Act and may use the title "architectural | 20 |
| intern", but may not independently engage in the practice of | 21 |
| architecture. | 22 |
| "Board" means the Illinois Architecture Licensing Board | 23 |
| appointed by the Secretary. | 24 |
| (a) "Department" means the Department of Financial and | 25 |
| Professional Regulation.
|
|
|
|
09600SB0122ham001 |
- 6 - |
LRB096 02999 ASK 26845 a |
|
| 1 |
| "Design build" and "design build entity" means the project | 2 |
| delivery process defined in 68 Ill. Adm. Code 1150.85, and any | 3 |
| amendments or changes thereto. | 4 |
| (b) "Director" means the Director of Professional | 5 |
| Regulation.
| 6 |
| (c) "Board" means the Illinois Architecture Licensing | 7 |
| Board appointed by the Director.
| 8 |
| (d) "Public health" as related to the practice of | 9 |
| architecture means the state of the well-being of the body or | 10 |
| mind of the building user.
| 11 |
| (e) "Public safety" as related to the practice of | 12 |
| architecture means the state of being reasonably free from risk | 13 |
| of danger, damage, or injury.
| 14 |
| (f) "Public welfare" as related to the practice of | 15 |
| architecture means the well-being of the building user | 16 |
| resulting from the state of a physical environment that | 17 |
| accommodates human activity.
| 18 |
| "Secretary" means the Secretary of Financial and | 19 |
| Professional Regulation. | 20 |
| (Source: P.A. 93-1009, eff. 1-1-05.)
| 21 |
| (225 ILCS 305/4.5 new)
| 22 |
| Sec. 4.5. References to Department or Director of | 23 |
| Professional Regulation. References in this Act (i) to the | 24 |
| Department of Professional Regulation are deemed, in | 25 |
| appropriate contexts, to be references to the Department of |
|
|
|
09600SB0122ham001 |
- 7 - |
LRB096 02999 ASK 26845 a |
|
| 1 |
| Financial and Professional Regulation and (ii) to the Director | 2 |
| of Professional Regulation are deemed, in appropriate | 3 |
| contexts, to be references to the Secretary of Financial and | 4 |
| Professional Regulation.
| 5 |
| (225 ILCS 305/5) (from Ch. 111, par. 1305)
| 6 |
| (Section scheduled to be repealed on January 1, 2010)
| 7 |
| Sec. 5. Architect defined; Acts constituting practice. | 8 |
| (a) An
architect is a person who is qualified by education, | 9 |
| training, experience,
and examination, and who is licensed | 10 |
| under the laws of this State, to
practice architecture.
| 11 |
| (b) The practice of architecture within the meaning and | 12 |
| intent of this Act
includes the offering or furnishing of | 13 |
| professional services, such as
consultation, environmental | 14 |
| analysis, feasibility studies, programming,
planning, | 15 |
| aesthetic and structural design, technical submissions
| 16 |
| consisting of drawings and specifications and other documents | 17 |
| required in
the construction process, administration of | 18 |
| construction contracts, project
representation, and | 19 |
| construction management, in connection with the
construction | 20 |
| of any private or public building, building structure,
building | 21 |
| project, or addition to or alteration or restoration thereof.
| 22 |
| (c) In the offering or furnishing of professional services | 23 |
| set forth in subsection (b) of this Section, a licensee shall | 24 |
| adhere to the standards of professional conduct enumerated in | 25 |
| 68 Ill. Adm. Code 1150.90, and any amendments or changes |
|
|
|
09600SB0122ham001 |
- 8 - |
LRB096 02999 ASK 26845 a |
|
| 1 |
| thereto. | 2 |
| (d) Nothing contained in this Section imposes upon a person | 3 |
| licensed under this Act the responsibility for the performance | 4 |
| of any of the services set forth in subsection (b) of this | 5 |
| Section unless such person specifically contracts to provide | 6 |
| such services. | 7 |
| (Source: P.A. 92-360, eff. 1-1-02.)
| 8 |
| (225 ILCS 305/6) (from Ch. 111, par. 1306)
| 9 |
| (Section scheduled to be repealed on January 1, 2010)
| 10 |
| Sec. 6. Technical submissions. All
technical submissions
| 11 |
| intended for use in construction in the State of Illinois shall | 12 |
| be prepared
and administered in accordance with standards of | 13 |
| reasonable professional
skill and diligence. Care shall be | 14 |
| taken to reflect the requirements of
State statutes and, where | 15 |
| applicable, county and municipal building
ordinances in such | 16 |
| submissions. In recognition that
architects are licensed
for | 17 |
| the protection of the public health, safety and welfare, | 18 |
| submissions
shall be of such quality and scope, and be so | 19 |
| administered, as to conform to
professional standards.
| 20 |
| Technical submissions are the designs,
drawings and | 21 |
| specifications which
establish the scope of the architecture to | 22 |
| be constructed, the standard of
quality for materials, | 23 |
| workmanship, equipment, and construction systems,
and the | 24 |
| studies and other technical reports and calculations prepared | 25 |
| in
the
course of the
practice of architecture.
|
|
|
|
09600SB0122ham001 |
- 9 - |
LRB096 02999 ASK 26845 a |
|
| 1 |
| No officer, board, commission, or other public entity who | 2 |
| receives technical submissions shall accept for filing or | 3 |
| approval any technical submissions relating to services | 4 |
| requiring the involvement of an architect that do not bear the | 5 |
| seal and signature of an architect licensed under this Act. | 6 |
| It is unlawful to affix one's seal to technical submissions | 7 |
| if it masks the true identity of the person who actually | 8 |
| exercised responsible control of the preparation of such work. | 9 |
| An architect who seals and signs technical submissions is not | 10 |
| responsible for damage caused by subsequent changes to or uses | 11 |
| of those technical submissions where the subsequent changes or | 12 |
| uses, including changes or uses made by State or local | 13 |
| governmental agencies, are not authorized or
approved in | 14 |
| writing by the architect who originally sealed and signed the | 15 |
| technical submissions. | 16 |
| (Source: P.A. 92-360, eff. 1-1-02.)
| 17 |
| (225 ILCS 305/8) (from Ch. 111, par. 1308)
| 18 |
| (Section scheduled to be repealed on January 1, 2010)
| 19 |
| Sec. 8. Powers and duties of the Department.
| 20 |
| (1) Subject to the provisions of this Act, the Department | 21 |
| shall
exercise the following functions, powers, and duties:
| 22 |
| (a) conduct examinations to ascertain the | 23 |
| qualifications and fitness
of applicants for licensure as | 24 |
| licensed architects, and pass upon the
qualifications and | 25 |
| fitness of applicants for licensure by endorsement;
|
|
|
|
09600SB0122ham001 |
- 10 - |
LRB096 02999 ASK 26845 a |
|
| 1 |
| (b) prescribe rules for a method of examination of | 2 |
| candidates;
| 3 |
| (c) prescribe rules defining what constitutes a | 4 |
| school, college or
university, or department of a | 5 |
| university, or other institution, reputable
and in good | 6 |
| standing, to determine whether or not a school, college or
| 7 |
| university, or department of a university, or other | 8 |
| institution is
reputable and in good standing by reference | 9 |
| to compliance with such
rules, and to terminate the | 10 |
| approval of such school, college or university
or | 11 |
| department of a university or other institution that | 12 |
| refuses admittance
to applicants solely on the basis of | 13 |
| race, color, creed, sex or national
origin. The Department | 14 |
| may adopt, as its own rules relating to education
| 15 |
| requirements, those guidelines published from time to time | 16 |
| by the National
Architectural Accrediting Board;
| 17 |
| (d) prescribe rules for diversified professional | 18 |
| training;
| 19 |
| (e) conduct oral interviews, disciplinary conferences | 20 |
| and formal
evidentiary hearings on proceedings to impose | 21 |
| fines or to suspend, revoke,
place on probationary status, | 22 |
| reprimand, and refuse to issue or restore any
license | 23 |
| issued under the provisions of this Act for the reasons set | 24 |
| forth
in Section 22 of this Act;
| 25 |
| (f) issue licenses to those who meet the requirements | 26 |
| of this Act;
|
|
|
|
09600SB0122ham001 |
- 11 - |
LRB096 02999 ASK 26845 a |
|
| 1 |
| (g) formulate and publish rules necessary or | 2 |
| appropriate to carrying out
the provisions of this Act; and
| 3 |
| (h) maintain membership in the National Council of | 4 |
| Architectural
Registration Boards and participate in | 5 |
| activities of the Council by
designation of individuals for | 6 |
| the various classifications of membership and
the | 7 |
| appointment of delegates for attendance at regional and | 8 |
| national meetings
of the Council. All costs associated with | 9 |
| membership and attendance of such
delegates to any national | 10 |
| meetings may be funded from the Design Professionals
| 11 |
| Administration and Investigation Fund ; and .
| 12 |
| (i) review such applicant qualifications to sit for the | 13 |
| examination or for licensure that the Board designates | 14 |
| pursuant to Section 10 of this Act. | 15 |
| (2) Upon the Prior to issuance of any final decision or | 16 |
| order that deviates from
any report or recommendation of the | 17 |
| Board relating to the qualification of
applicants, discipline | 18 |
| of licensees or registrants, or promulgation of rules,
the | 19 |
| Secretary Director shall notify the Board in writing with an | 20 |
| explanation of the deviation and provide a reasonable time for | 21 |
| the Board to submit
written comments to the Secretary Director | 22 |
| regarding the final decision or order proposed
action. In the | 23 |
| event that the Board fails or declines to submit written | 24 |
| comments within 30 days of the notification, the Director
may | 25 |
| issue a final decision or order consistent with the
Director's | 26 |
| original decision . The Department may at any time seek the |
|
|
|
09600SB0122ham001 |
- 12 - |
LRB096 02999 ASK 26845 a |
|
| 1 |
| expert
advice and knowledge of the Board on any matter relating | 2 |
| to the enforcement of
this Act.
| 3 |
| (3) The Department may in its discretion, but shall not be | 4 |
| required to, employ or utilize the legal services of outside | 5 |
| counsel and the investigative services of outside personnel to | 6 |
| assist the Department. However, no attorney employed or used by | 7 |
| the Department shall prosecute a matter or provide legal | 8 |
| services to the Department or Board with respect to the same | 9 |
| matter. | 10 |
| (Source: P.A. 91-133, eff. 1-1-00; 92-16, eff. 6-28-01.)
| 11 |
| (225 ILCS 305/9) (from Ch. 111, par. 1309)
| 12 |
| (Section scheduled to be repealed on January 1, 2010)
| 13 |
| Sec. 9. Creation of the Board. The Director shall appoint | 14 |
| an
Architecture Licensing Board which will consist of 6 | 15 |
| members.
Five members
shall be licensed architects, one of whom | 16 |
| shall be a tenured member of the
architectural faculty of an | 17 |
| Illinois public university accredited by the National | 18 |
| Architectural Accrediting Board the University of Illinois . | 19 |
| The other 4 shall be
licensed architects, residing in this | 20 |
| State, who have been engaged in the
practice of architecture at | 21 |
| least 10 years. In addition to the 5 licensed
architects, there | 22 |
| shall be one public member. The public member shall be a
voting | 23 |
| member and shall not hold a license as an architect, | 24 |
| professional
engineer, structural engineer or land surveyor.
| 25 |
| Board members shall serve 5 year terms and until their |
|
|
|
09600SB0122ham001 |
- 13 - |
LRB096 02999 ASK 26845 a |
|
| 1 |
| successors are
appointed and qualified. In making the | 2 |
| designation of
persons to the Board, the Director shall give | 3 |
| due consideration to
recommendations by members and | 4 |
| organizations of the profession.
| 5 |
| The membership of the Board should reasonably reflect | 6 |
| representation from
the geographic areas in this State.
| 7 |
| No member shall be reappointed to the Board for a term | 8 |
| which would cause
his or her continuous service on the Board to | 9 |
| be longer than 10 successive
years.
Service prior to the | 10 |
| effective date of this Act shall not be considered.
| 11 |
| Appointments to fill vacancies shall be made in the same | 12 |
| manner as
original appointments, for the unexpired portion of | 13 |
| the vacated term.
Initial terms shall begin upon the effective | 14 |
| date of this Act and Board
members in office on that date under | 15 |
| the predecessor Act may be appointed
to specific terms as | 16 |
| indicated in this Section.
| 17 |
| Persons holding office as members of the Board under the | 18 |
| Illinois
Architecture Act immediately prior to the effective | 19 |
| date of this Act shall
continue as members of the Board under | 20 |
| this Act until the expiration of the
term for which they were | 21 |
| appointed and until their successors are appointed and
| 22 |
| qualified.
| 23 |
| Four members A quorum of the Board shall constitute a | 24 |
| quorum consist of a majority of Board members
currently | 25 |
| appointed . A majority vote of the quorum is required for Board
| 26 |
| decisions.
|
|
|
|
09600SB0122ham001 |
- 14 - |
LRB096 02999 ASK 26845 a |
|
| 1 |
| The Director may remove any member of the Board for | 2 |
| misconduct,
incompetence, neglect of duty, or for reasons | 3 |
| prescribed by law for
removal of State officials.
| 4 |
| The Director may remove a member of the Board who does not | 5 |
| attend 2
consecutive meetings.
| 6 |
| Notice of proposed rulemaking shall be transmitted to the | 7 |
| Board and the
Department shall review the response of the Board | 8 |
| and any recommendations
made therein. The Department may, at | 9 |
| any time, seek the expert advice and
knowledge of the Board on | 10 |
| any matter relating to the administration or
enforcement of | 11 |
| this Act.
| 12 |
| Members of the Board are immune from suit in any action | 13 |
| based upon
any disciplinary proceedings or other activities | 14 |
| performed in good faith as
members of the Board.
| 15 |
| (Source: P.A. 91-133, eff. 1-1-00.)
| 16 |
| (225 ILCS 305/10) (from Ch. 111, par. 1310)
| 17 |
| (Section scheduled to be repealed on January 1, 2010)
| 18 |
| Sec. 10. Powers and duties of the Board.
| 19 |
| (a) The Board shall hold at
least 3 regular meetings each | 20 |
| year.
| 21 |
| (b) The Board shall annually elect a Chairperson and a Vice | 22 |
| Chairperson who
shall be licensed
architects.
| 23 |
| (c) The Board, upon request by the Department, may make a | 24 |
| curriculum
evaluation to determine if courses conform to the | 25 |
| requirements of approved
architectural programs.
|
|
|
|
09600SB0122ham001 |
- 15 - |
LRB096 02999 ASK 26845 a |
|
| 1 |
| (d) The Board shall assist the Department in conducting | 2 |
| oral interviews,
disciplinary conferences and formal | 3 |
| evidentiary hearings.
| 4 |
| (e) The Department may, at any time, seek the expert advice | 5 |
| and knowledge
of the Board on any matter relating to the | 6 |
| enforcement of this Act.
| 7 |
| (f) The Board may appoint a subcommittee to serve as a | 8 |
| Complaint Committee
to recommend the disposition of case files | 9 |
| according to procedures established
by rule in 68 Ill. Adm. | 10 |
| Code 1150.95, and any amendments or changes thereto .
| 11 |
| (g) The Board shall review applicant qualifications to sit | 12 |
| for
the examination or for licensure and shall make | 13 |
| recommendations to the
Department except for those applicant | 14 |
| qualifications that the Board designates as routinely | 15 |
| acceptable . The Department shall review the Board's | 16 |
| recommendations on
applicant qualifications. The Secretary | 17 |
| Director shall notify the Board in writing
with an explanation | 18 |
| of any deviation from the Board's recommendation on
applicant | 19 |
| qualifications. After review of the Secretary's Director's | 20 |
| written
explanation of his or her reasons for deviation, the | 21 |
| Board shall have the
opportunity to comment upon the | 22 |
| Secretary's Director's decision.
| 23 |
| (h) The Board may shall submit written comments to the | 24 |
| Secretary Director within a reasonable time 30 days
from
| 25 |
| notification of any final decision or order from the Secretary | 26 |
| Director that deviates
from any report or recommendation of the |
|
|
|
09600SB0122ham001 |
- 16 - |
LRB096 02999 ASK 26845 a |
|
| 1 |
| Board relating to the qualifications
of applicants, unlicensed | 2 |
| practice, discipline of licensees or registrants, or | 3 |
| promulgation of
rules.
| 4 |
| (i) The Board may recommend that the Department contract
| 5 |
| with an individual or a corporation or other business entity to | 6 |
| assist in the providing of investigative, legal, | 7 |
| prosecutorial, and other services necessary to perform its
| 8 |
| duties pursuant to subsection (3) of Section 8 of this Act. | 9 |
| (Source: P.A. 91-133, eff. 1-1-00.)
| 10 |
| (225 ILCS 305/11) (from Ch. 111, par. 1311)
| 11 |
| (Section scheduled to be repealed on January 1, 2010)
| 12 |
| Sec. 11. Application for original license. Applications | 13 |
| for original
licensure shall be made to the Department in | 14 |
| writing on forms prescribed by
the Department and shall be | 15 |
| accompanied by the required fee, which is
not refundable. Any | 16 |
| such application shall require information as in
the judgment | 17 |
| of the Department will enable the Department to pass on the
| 18 |
| qualifications of the applicant to practice architecture.
The | 19 |
| Department may require an applicant, at the applicant's | 20 |
| expense, to have
an evaluation of the applicant's education in | 21 |
| a foreign country by an evaluation service a nationally
| 22 |
| recognized educational body approved by the Board in accordance | 23 |
| with rules
prescribed by the Department.
| 24 |
| An applicant who has graduated from an architectural | 25 |
| program outside the
United
States or its territories and whose |
|
|
|
09600SB0122ham001 |
- 17 - |
LRB096 02999 ASK 26845 a |
|
| 1 |
| first language is not English shall submit
certification of | 2 |
| passage of the Test of English as a Foreign Language (TOEFL)
| 3 |
| and a test of spoken English the Test of Spoken English (TSE) | 4 |
| as defined by rule.
| 5 |
| (Source: P.A. 91-133, eff. 1-1-00.)
| 6 |
| (225 ILCS 305/12) (from Ch. 111, par. 1312)
| 7 |
| (Section scheduled to be repealed on January 1, 2010)
| 8 |
| Sec. 12.
Examinations; subjects; failure or refusal to take
| 9 |
| examination. The Department shall authorize examination of | 10 |
| applicants as
architects at such times and places as it may | 11 |
| determine. The examination
shall be in English and shall be | 12 |
| written or written and graphic. It shall
include at a minimum | 13 |
| the following subjects:
| 14 |
| (a) pre-design (environmental analysis, architectural | 15 |
| programming,
and application of principles of project | 16 |
| management and coordination);
| 17 |
| (b) site planning (site analysis, design and | 18 |
| development, parking,
and application of zoning | 19 |
| requirements);
| 20 |
| (c) building planning (conceptual planning of | 21 |
| functional and space
relationships, building design, | 22 |
| interior space layout, barrier-free design,
and the | 23 |
| application of the life safety code requirements and | 24 |
| principles of
energy efficient design);
| 25 |
| (d) building technology (application of structural |
|
|
|
09600SB0122ham001 |
- 18 - |
LRB096 02999 ASK 26845 a |
|
| 1 |
| systems, building
components, and mechanical and | 2 |
| electrical systems);
| 3 |
| (e) general structures (identification, resolution, | 4 |
| and incorporation
of structural systems and the long span | 5 |
| design on the technical aspects of
the design of buildings | 6 |
| and the process and construction);
| 7 |
| (f) lateral forces (identification and resolution of | 8 |
| the effects of
lateral forces on the technical aspects of | 9 |
| the design of buildings and the
process of construction);
| 10 |
| (g) mechanical and electrical systems (as applied to | 11 |
| the
design of buildings, including plumbing and acoustical | 12 |
| systems);
| 13 |
| (h) materials and methods (as related to the design of | 14 |
| buildings
and the technical aspects of construction); and
| 15 |
| (i) construction documents and services (conduct of | 16 |
| architectural
practice as it relates to construction | 17 |
| documents, bidding, and construction
administration and | 18 |
| contractual documents from beginning to end of a building
| 19 |
| project).
| 20 |
| It shall be the responsibility of the applicant to be | 21 |
| familiar with
this Act and its rules.
| 22 |
| Examination subject matter headings and bases on which | 23 |
| examinations are
graded shall be indicated in rules pertaining | 24 |
| to this Act. The Department
may adopt the examinations and | 25 |
| grading procedures of the National Council
of Architectural | 26 |
| Registration Boards. Content of any particular
examination |
|
|
|
09600SB0122ham001 |
- 19 - |
LRB096 02999 ASK 26845 a |
|
| 1 |
| shall not be considered public record under the Freedom of
| 2 |
| Information Act.
| 3 |
| If an applicant neglects without an approved excuse or | 4 |
| refuses to take
the next available examination offered for | 5 |
| licensure under this Act, the
fee paid by the applicant shall | 6 |
| be forfeited. If an applicant fails to
pass an examination for | 7 |
| licensure under this Act within 3 years after
filing an | 8 |
| application, the application shall be denied. The applicant
| 9 |
| may, however, make a new application for examination | 10 |
| accompanied
by the required fee and must furnish proof of | 11 |
| meeting the qualifications
for examination in effect at the | 12 |
| time of the new application.
| 13 |
| An applicant shall have 5 years from the passage of the | 14 |
| first examination to successfully complete all examinations | 15 |
| required by rule of the Department. | 16 |
| The Department may by rule prescribe additional subjects | 17 |
| for examination.
| 18 |
| An applicant has one year from the date of notification of
| 19 |
| successful completion of all the examination requirements to | 20 |
| apply to the
Department for a license. If an applicant fails to | 21 |
| apply within one year,
the applicant shall be required to again | 22 |
| take and pass the examination , unless the Department, upon | 23 |
| recommendation of the Board, determines that there is | 24 |
| sufficient cause for the delay that is not due to the fault of | 25 |
| the applicant .
| 26 |
| (Source: P.A. 91-133, eff. 1-1-00; 92-16, eff. 6-28-01.)
|
|
|
|
09600SB0122ham001 |
- 20 - |
LRB096 02999 ASK 26845 a |
|
| 1 |
| (225 ILCS 305/13) (from Ch. 111, par. 1313)
| 2 |
| (Section scheduled to be repealed on January 1, 2010)
| 3 |
| Sec. 13. Qualifications of applicants. Any person who is of | 4 |
| good
moral character may apply take an examination for | 5 |
| licensure if he
or she
is
a graduate with a first professional | 6 |
| degree in architecture from a program
accredited by the | 7 |
| National Architectural Accrediting Board , has completed the
| 8 |
| examination requirements set forth under Section 12 of this | 9 |
| Act, and has
completed such diversified professional training, | 10 |
| including academic
training, as is required by rules of the | 11 |
| Department. Until January 1, 2014, in lieu of the
requirement | 12 |
| of graduation with a first professional degree in architecture
| 13 |
| from a program accredited by the National Architectural | 14 |
| Accrediting Board,
the Department may admit an applicant who is | 15 |
| a graduate with a
pre-professional 4 year baccalaureate degree | 16 |
| accepted for direct entry into
a first professional master of | 17 |
| architecture degree program, and who has
completed such | 18 |
| additional diversified professional training, including
| 19 |
| academic training, as is required by rules of the Department. | 20 |
| The
Department may adopt, as its own rules relating to | 21 |
| diversified professional
training, those guidelines published | 22 |
| from time to time by the National
Council of Architectural | 23 |
| Registration Boards.
| 24 |
| Good moral character means such character as will enable a | 25 |
| person to
discharge the fiduciary duties of an architect to |
|
|
|
09600SB0122ham001 |
- 21 - |
LRB096 02999 ASK 26845 a |
|
| 1 |
| that person's client and
to the public in a manner which | 2 |
| protects health, safety and welfare. Evidence
of inability to | 3 |
| discharge such duties may include the commission of an
offense | 4 |
| justifying discipline under Section 22 19 . In addition, the
| 5 |
| Department may take into consideration whether the applicant | 6 |
| has engaged in
conduct or actions that would constitute grounds | 7 |
| for discipline under this
Act.
| 8 |
| (Source: P.A. 93-1009, eff. 1-1-05; 94-543, eff. 8-10-05.)
| 9 |
| (225 ILCS 305/17.5 new)
| 10 |
| Sec. 17.5. Architect, Retired. Pursuant to Section 2105-15 | 11 |
| of the Department of Professional Regulation Law of the Civil | 12 |
| Administrative Code of Illinois, the Department may grant the | 13 |
| title "Architect, Retired" to any person who has been duly | 14 |
| licensed as an architect by the Department and who has chosen | 15 |
| to place on inactive status or not renew his or her license. | 16 |
| Those persons granted the title "Architect, Retired" may | 17 |
| request restoration to active status under the applicable | 18 |
| provisions of this Act. | 19 |
| The use of the title "Architect, Retired" shall not | 20 |
| constitute representation of current licensure. Any person
| 21 |
| without an active license shall not be permitted to practice | 22 |
| architecture as defined in this Act. | 23 |
| Nothing in this Section shall be construed to require the | 24 |
| Department to issue any certificate, credential, or other | 25 |
| official document indicating that a person has been granted the |
|
|
|
09600SB0122ham001 |
- 22 - |
LRB096 02999 ASK 26845 a |
|
| 1 |
| title "Architect, Retired".
| 2 |
| (225 ILCS 305/21) (from Ch. 111, par. 1321)
| 3 |
| (Section scheduled to be repealed on January 1, 2010)
| 4 |
| Sec. 21. Professional design firm registration; | 5 |
| conditions.
| 6 |
| (a) Nothing in this Act shall prohibit the formation, under | 7 |
| the provisions
of the Professional Service Corporation Act, of | 8 |
| a corporation to offer
the practice
of architecture.
| 9 |
| Any business, including a
Professional
Service | 10 |
| Corporation, that includes the practice of architecture within | 11 |
| its stated purposes,
practices architecture, or holds itself | 12 |
| out as available to practice
architecture shall
register with | 13 |
| the Department under this Section. Any professional service
| 14 |
| corporation, sole proprietorship, or professional design firm | 15 |
| offering
architectural services must have a resident architect | 16 |
| in responsible charge of overseeing the
architectural | 17 |
| practices in each location in which architectural services are
| 18 |
| provided who shall be designated as a managing agent .
| 19 |
| Any sole proprietorship not owned and operated by an | 20 |
| Illinois licensed design
professional licensed under this Act | 21 |
| shall be prohibited from offering
architectural services to the | 22 |
| public. "Illinois licensed design professional"
means a person | 23 |
| who holds an active license as an architect under this Act,
as | 24 |
| a structural engineer under the Structural Engineering | 25 |
| Practice Act of
1989, or as a professional engineer under the |
|
|
|
09600SB0122ham001 |
- 23 - |
LRB096 02999 ASK 26845 a |
|
| 1 |
| Professional Engineering
Practice Act of 1989. Any sole | 2 |
| proprietorship owned and operated by an
architect with an | 3 |
| active license issued under this Act and conducting or
| 4 |
| transacting such business under an assumed name in accordance | 5 |
| with the
provisions of the Assumed Business Name Act shall | 6 |
| comply with the registration
requirements of a professional | 7 |
| design firm.
Any sole proprietorship owned and
operated by an
| 8 |
| architect with an active license issued under this Act and | 9 |
| conducting or
transacting such business under the real name of | 10 |
| the sole proprietor is
exempt from the
registration | 11 |
| requirements of a professional design firm.
| 12 |
| (b) Any corporation, including a Professional Service
| 13 |
| Corporation, partnership, limited liability company, or | 14 |
| professional
design firm
seeking to be registered under this | 15 |
| Section shall not be registered unless:
| 16 |
| (1) two-thirds of the board of directors, in the case | 17 |
| of a corporation,
or two-thirds of the general partners, in | 18 |
| the case of a partnership, or
two-thirds of the members, in | 19 |
| the case of a limited liability company, are
licensed under | 20 |
| the laws of any State to practice architecture, | 21 |
| professional
engineering, land surveying, or structural | 22 |
| engineering; and
| 23 |
| (2) a managing agent the person having the | 24 |
| architectural practice in this State in his
charge is (A) a | 25 |
| director in the case of a corporation, a general
partner in | 26 |
| the case of a partnership, or a member in the case of a |
|
|
|
09600SB0122ham001 |
- 24 - |
LRB096 02999 ASK 26845 a |
|
| 1 |
| limited
liability company, and (B) holds a license under | 2 |
| this Act.
| 3 |
| Any corporation, limited liability company, professional | 4 |
| service
corporation, or partnership qualifying under this | 5 |
| Section and
practicing in this State shall file with the | 6 |
| Department any information
concerning its officers, directors, | 7 |
| members, managers, partners or
beneficial owners as the | 8 |
| Department may, by rule, require.
| 9 |
| (c) No business shall offer the practice or hold itself out | 10 |
| as available
to offer the practice
of architecture until it is | 11 |
| registered with the Department. Every entity registered as a | 12 |
| professional design firm shall display its certificate of | 13 |
| registration or a facsimile thereof in a conspicuous place in | 14 |
| each office offering architectural services.
| 15 |
| (d) Any business seeking to be registered under this
| 16 |
| Section shall make application on a form provided by the | 17 |
| Department and
shall provide any information requested by the | 18 |
| Department, which shall
include but shall not be limited to all | 19 |
| of the following:
| 20 |
| (1) The name and architect's license number of at least | 21 |
| one person
designated as the managing agent in responsible | 22 |
| charge of the practice of
architecture in Illinois . In the | 23 |
| case of a corporation, the corporation
shall also submit a | 24 |
| certified copy of the resolution by the board of
directors | 25 |
| designating at least one managing agent. If a limited | 26 |
| liability
company, the company shall submit a certified |
|
|
|
09600SB0122ham001 |
- 25 - |
LRB096 02999 ASK 26845 a |
|
| 1 |
| copy of either its articles of
organization or operating | 2 |
| agreement designating at least one the managing agent.
| 3 |
| (2) The names and architect's, professional | 4 |
| engineer's, structural
engineer's, or land surveyor's | 5 |
| license numbers of the directors, in the
case
of a | 6 |
| corporation,
the members, in the case of a limited | 7 |
| liability company, or general
partners, in the case of a | 8 |
| partnership.
| 9 |
| (3) A list of all locations at which the professional | 10 |
| design firm
provides architectural services.
| 11 |
| (4) A list of all assumed names of the business. | 12 |
| Nothing in this
Section shall be construed to exempt a | 13 |
| business from compliance with the
requirements of the | 14 |
| Assumed Business Name Act.
| 15 |
| It is the responsibility of the professional design firm to
| 16 |
| provide the Department notice, in writing, of any changes in | 17 |
| the
information requested on the application.
| 18 |
| (e) In the event a managing agent is terminated or | 19 |
| terminates his or her
status
as managing agent of the | 20 |
| professional design firm, the managing agent and
professional | 21 |
| design firm shall notify the Department of this fact in | 22 |
| writing,
by
certified mail, within 10 business days of | 23 |
| termination.
| 24 |
| Thereafter, the professional design firm, if it has so | 25 |
| informed the
Department, has 30 days in which to notify the | 26 |
| Department of the name and
architect's license number of the |
|
|
|
09600SB0122ham001 |
- 26 - |
LRB096 02999 ASK 26845 a |
|
| 1 |
| architect who is the newly designated
managing agent. If a | 2 |
| corporation, the corporation shall also submit a certified
copy | 3 |
| of a resolution by the board of directors designating the new | 4 |
| managing
agent. If a limited liability company, the company | 5 |
| shall also submit a
certified copy of either its articles of | 6 |
| organization or operating agreement
designating the new | 7 |
| managing agent. The Department may, upon good cause shown,
| 8 |
| extend the original 30 day period.
| 9 |
| If the professional design firm has not notified the | 10 |
| Department in writing,
by certified mail within the specified | 11 |
| time, the registration shall be
terminated without prior | 12 |
| hearing. Notification of termination shall be sent by
certified | 13 |
| mail to the last known address of record the business . If the | 14 |
| professional
design firm continues to operate and offer | 15 |
| architectural services after the
termination, the Department | 16 |
| may seek prosecution under Sections 22, 36, and 36a
of this Act | 17 |
| for the unlicensed practice of architecture.
| 18 |
| (f) No professional design firm shall be relieved of | 19 |
| responsibility
for the conduct or acts of its agents, | 20 |
| employees, or officers by reason of
its compliance with this | 21 |
| Section, nor shall any individual practicing
architecture be | 22 |
| relieved of the responsibility for professional services
| 23 |
| performed by reason of the individual's employment or | 24 |
| relationship with a
professional design firm registered under | 25 |
| this Section.
| 26 |
| (g) Disciplinary action against a professional design firm |
|
|
|
09600SB0122ham001 |
- 27 - |
LRB096 02999 ASK 26845 a |
|
| 1 |
| registered
under this Section shall be administered in the same | 2 |
| manner and on the same
grounds as disciplinary action against a | 3 |
| licensed architect. All
disciplinary action taken or pending | 4 |
| against a corporation or partnership
before the effective date | 5 |
| of this amendatory Act of 1993 shall be continued or
remain in | 6 |
| effect without the Department filing separate actions.
| 7 |
| (Source: P.A. 91-91, eff. 1-1-00; 91-133, eff. 1-1-00.)
| 8 |
| (225 ILCS 305/22) (from Ch. 111, par. 1322)
| 9 |
| (Section scheduled to be repealed on January 1, 2010)
| 10 |
| Sec. 22. Refusal, suspension and revocation of licenses; | 11 |
| Causes.
| 12 |
| (a) The Department may, singularly or in combination, | 13 |
| refuse to issue,
renew or restore, or may suspend , or
revoke , | 14 |
| place on probation, or take other disciplinary or | 15 |
| non-disciplinary action as deemed appropriate, including, but | 16 |
| not limited to, the imposition of fines any license or | 17 |
| registration, or may place on probation, reprimand,
or fine, | 18 |
| with a civil penalty not to exceed $10,000 for each violation, | 19 |
| as the Department may deem proper, with regard to a license any
| 20 |
| person, corporation, or partnership, or professional design | 21 |
| firm licensed or
registered under this Act for any one or | 22 |
| combination of the following causes reasons :
| 23 |
| (1) material misstatement in furnishing information to | 24 |
| the Department;
| 25 |
| (2) negligence, incompetence or misconduct in the |
|
|
|
09600SB0122ham001 |
- 28 - |
LRB096 02999 ASK 26845 a |
|
| 1 |
| practice of
architecture;
| 2 |
| (3) failure to comply with any of the provisions of | 3 |
| this Act or any of the
rules;
| 4 |
| (4) making any misrepresentation for the purpose of | 5 |
| obtaining licensure;
| 6 |
| (5) purposefully making false statements or signing | 7 |
| false statements,
certificates or affidavits to induce | 8 |
| payment;
| 9 |
| (6) conviction of or plea of guilty or nolo contendere | 10 |
| to any crime that is a felony under the laws of the United | 11 |
| States , or any
state or territory thereof , which is a | 12 |
| felony, whether related to the
practice of architecture or | 13 |
| that is not; or conviction of any crime, whether a
felony, | 14 |
| misdemeanor, or otherwise, an essential element of which is
| 15 |
| dishonesty, wanton disregard for the rights of others, or | 16 |
| any crime that which is directly
related to the practice of | 17 |
| the profession of architecture;
| 18 |
| (7) aiding or assisting another person in violating any | 19 |
| provision of
this Act or its rules;
| 20 |
| (8) signing, affixing the licensed architect's seal or | 21 |
| permitting the
architect's seal to be affixed to any | 22 |
| technical submission construction documents not prepared
| 23 |
| by the architect or under that architect's responsible | 24 |
| direct supervision and control;
| 25 |
| (9) engaging in dishonorable, unethical or | 26 |
| unprofessional conduct of a
character likely to deceive, |
|
|
|
09600SB0122ham001 |
- 29 - |
LRB096 02999 ASK 26845 a |
|
| 1 |
| defraud or harm the public;
| 2 |
| (10) habitual or excessive use or addiction to alcohol, | 3 |
| narcotics, stimulants, or any other chemical agent or drug | 4 |
| that results in the inability to practice with reasonable | 5 |
| judgment, skill, or safety habitual intoxication or | 6 |
| addiction to the use of drugs ;
| 7 |
| (11) making a statement of compliance pursuant to the | 8 |
| Environmental
Barriers Act that technical submissions | 9 |
| construction documents prepared by the architect Licensed | 10 |
| Architect or
prepared under the licensed architect's | 11 |
| responsible direct supervision and control for
| 12 |
| construction or alteration of an occupancy required to be | 13 |
| in compliance with
the Environmental Barriers Act are in | 14 |
| compliance with the Environmental
Barriers Act when such | 15 |
| technical submissions construction documents are not in | 16 |
| compliance;
| 17 |
| (12) a finding by the Board that an applicant or | 18 |
| registrant
has failed to pay a fine imposed by the | 19 |
| Department or a
registrant, whose license has been
placed | 20 |
| on probationary status, has violated the terms of | 21 |
| probation;
| 22 |
| (13) discipline by another state, territory, foreign | 23 |
| country, the
District of Columbia, the United States | 24 |
| government, or any other
governmental agency, if at least | 25 |
| one of the grounds for discipline is the
same or | 26 |
| substantially equivalent to those set forth herein;
|
|
|
|
09600SB0122ham001 |
- 30 - |
LRB096 02999 ASK 26845 a |
|
| 1 |
| (14) failure to provide information in response to a | 2 |
| written request
made by the Department within 30 days after | 3 |
| the receipt of such written
request;
| 4 |
| (15) physical illness, including, but not limited to, | 5 |
| deterioration
through the aging process or loss of motor | 6 |
| skill , mental illness, or disability which results in the
| 7 |
| inability to practice the profession with reasonable | 8 |
| judgment, skill , and or safety , including without | 9 |
| limitation deterioration through the aging process, mental | 10 |
| illness, or disability .
| 11 |
| (a-5) In enforcing this Section, the Department or Board, | 12 |
| upon a showing of a possible violation, may order a licensee or | 13 |
| applicant to submit to a mental or physical examination, or | 14 |
| both, at the expense of the Department. The Department or Board | 15 |
| may order the examining physician to present testimony | 16 |
| concerning his or her examination of the licensee or applicant. | 17 |
| No information shall be excluded by reason of any common law or | 18 |
| statutory privilege relating to communications between the | 19 |
| licensee or applicant and the examining physician. The | 20 |
| examining physicians shall be specifically designated by the | 21 |
| Board or Department. The licensee or applicant may have, at his | 22 |
| or her own expense, another physician of his or her choice | 23 |
| present during all aspects of the examination. Failure of a | 24 |
| licensee or applicant to submit to any such examination when | 25 |
| directed, without reasonable cause as defined by rule, shall be | 26 |
| grounds for either the immediate suspension of his or her |
|
|
|
09600SB0122ham001 |
- 31 - |
LRB096 02999 ASK 26845 a |
|
| 1 |
| license or immediate denial of his or her application. | 2 |
| If the Secretary immediately suspends the license of a | 3 |
| licensee for his or her failure to submit to a mental or | 4 |
| physical examination when directed, a hearing must be convened | 5 |
| by the Department within 15 days after the suspension and | 6 |
| completed without appreciable delay. | 7 |
| If the Secretary otherwise suspends a license pursuant to | 8 |
| the results of the licensee's mental or physical examination, a | 9 |
| hearing must be convened by the Department within 15 days after | 10 |
| the suspension and completed without appreciable delay. The | 11 |
| Department and Board shall have the authority to review the | 12 |
| licensee's record of treatment and counseling regarding the | 13 |
| relevant impairment or impairments to the extent permitted by | 14 |
| applicable federal statutes and regulations safeguarding the | 15 |
| confidentiality of medical records. | 16 |
| Any licensee suspended under this subsection (a-5) shall be | 17 |
| afforded an opportunity to demonstrate to the Department or | 18 |
| Board that he or she can resume practice in compliance with the | 19 |
| acceptable and prevailing standards under the provisions of his | 20 |
| or her license. In enforcing this Section, the Board upon a | 21 |
| showing of a possible
violation may request that the Department | 22 |
| compel a person licensed to practice under this Act, or who has
| 23 |
| applied for licensure or certification pursuant to this Act, to | 24 |
| submit to a
mental or physical examination, or both, as | 25 |
| required by and at the expense of
the Department. The examining | 26 |
| physicians shall be those specifically
designated
by the |
|
|
|
09600SB0122ham001 |
- 32 - |
LRB096 02999 ASK 26845 a |
|
| 1 |
| Department. The Department may order the examining physician to
| 2 |
| present testimony concerning this mental or physical | 3 |
| examination of the
licensee or applicant. No information shall | 4 |
| be excluded by reason of any
common law or statutory privilege | 5 |
| relating to communications between the
licensee or applicant | 6 |
| and the examining physician. The person to be examined
may | 7 |
| have, at his or her own expense, another physician of his or | 8 |
| her choice
present during all aspects of the examination. | 9 |
| Failure of any person to submit
to a mental or physical | 10 |
| examination, when directed, shall be grounds for
suspension of | 11 |
| a license until the person submits to the examination if the
| 12 |
| Department finds, after notice and hearing, that the refusal to | 13 |
| submit to the
examination was without reasonable cause.
| 14 |
| If the Board finds a person unable to practice because of | 15 |
| the reasons set
forth in this Section, the Board may recommend | 16 |
| that the Department require that person to submit to care,
| 17 |
| counseling, or treatment by physicians approved or designated | 18 |
| by the Department as
a condition, term, or restriction for | 19 |
| continued, reinstated, or renewed
licensure to practice; or, in | 20 |
| lieu of care, counseling, or treatment, the Board
may recommend | 21 |
| to the Department to file a complaint to immediately suspend,
| 22 |
| revoke or otherwise discipline the license of the person. Any | 23 |
| person whose
license was granted, continued, reinstated, | 24 |
| renewed, disciplined, or supervised
subject to such terms, | 25 |
| conditions, or restrictions and who fails to comply with
such | 26 |
| terms, conditions, or restrictions shall be referred to the |
|
|
|
09600SB0122ham001 |
- 33 - |
LRB096 02999 ASK 26845 a |
|
| 1 |
| Director for
a determination as to whether the person shall | 2 |
| have his or her license
suspended immediately, pending a | 3 |
| hearing by the Board.
| 4 |
| (b) The determination by a circuit court that a licensee is | 5 |
| subject to
involuntary admission or judicial admission, as | 6 |
| provided in the Mental
Health and Developmental Disabilities | 7 |
| Code, operates as an automatic
suspension. Such suspension will | 8 |
| end only upon a finding by a court that
the patient is no | 9 |
| longer subject to involuntary admission or judicial
admission, | 10 |
| the issuance of an order so finding and discharging the | 11 |
| patient, and
the recommendation of the Board to the Secretary | 12 |
| Director that the licensee be
allowed to resume practice.
| 13 |
| (c) The Department shall deny a license or renewal | 14 |
| authorized by this Act to a person who has defaulted on an | 15 |
| educational loan or scholarship provided or guaranteed by the | 16 |
| Illinois Student Assistance Commission or any governmental | 17 |
| agency of this State in accordance with subdivision (a)(5) of | 18 |
| Section 15 of the Department of Professional Regulation Law of | 19 |
| the Civil Administrative Code of Illinois. | 20 |
| (d) In cases where the Department of Healthcare and Family | 21 |
| Services (formerly the Department of Public Aid) has previously | 22 |
| determined that a licensee or a potential licensee is more than | 23 |
| 30 days delinquent in the payment of child support and has | 24 |
| subsequently certified the delinquency to the Department, the | 25 |
| Department shall refuse to issue or renew or shall revoke or | 26 |
| suspend that person's license or shall take other disciplinary |
|
|
|
09600SB0122ham001 |
- 34 - |
LRB096 02999 ASK 26845 a |
|
| 1 |
| action against that person based solely upon the certification | 2 |
| of delinquency made by the Department of Healthcare and Family | 3 |
| Services in accordance with subdivision (a)(5) of Section 15 of | 4 |
| the Department of Professional Regulation Law of the Civil | 5 |
| Administrative Code of Illinois. | 6 |
| (e) The Department shall deny a license or renewal | 7 |
| authorized by this Act to a person who has failed to file a | 8 |
| return, to pay the tax, penalty, or interest shown in a filed | 9 |
| return, or to pay any final assessment of tax, penalty, or | 10 |
| interest as required by any tax Act administered by the | 11 |
| Department of Revenue, until such time as the requirements of | 12 |
| the tax Act are satisfied in accordance with subsection (g) of | 13 |
| Section 15 of the Department of Professional Regulation Law of | 14 |
| the Civil Administrative Code of Illinois. | 15 |
| The Department may refuse to issue or may suspend the | 16 |
| license of any
person who fails to file a return, or to pay the | 17 |
| tax, penalty or interest
shown in a filed return, or to pay any | 18 |
| final assessment of tax, penalty or
interest, as required by | 19 |
| any tax Act administered by the Illinois
Department of Revenue, | 20 |
| until such time as the requirements of any such tax
Act are | 21 |
| satisfied.
| 22 |
| (f) Persons who assist the Department as consultants or | 23 |
| expert witnesses in
the investigation or prosecution of alleged | 24 |
| violations of the Act,
licensure matters, restoration | 25 |
| proceedings, or criminal prosecutions, shall
not be liable for | 26 |
| damages in any civil action or proceeding as a result of
such |
|
|
|
09600SB0122ham001 |
- 35 - |
LRB096 02999 ASK 26845 a |
|
| 1 |
| assistance, except upon proof of actual malice. The attorney | 2 |
| general
shall defend such persons in any such action or | 3 |
| proceeding.
| 4 |
| (Source: P.A. 94-543, eff. 8-10-05.)
| 5 |
| (225 ILCS 305/23.5)
| 6 |
| (Section scheduled to be repealed on January 1, 2010)
| 7 |
| Sec. 23.5. Unlicensed practice; violation; civil penalty.
| 8 |
| (a) Any person who practices, offers to practice, attempts | 9 |
| to practice, or
holds oneself out to practice as an architect | 10 |
| without being licensed under this
Act shall, in
addition to any | 11 |
| other penalty provided by law, pay a civil penalty to the
| 12 |
| Department in an amount not to exceed $10,000 $5,000 for each | 13 |
| offense as determined by
the Department. The civil penalty | 14 |
| shall be assessed by the Department after a
hearing is held in | 15 |
| accordance with the provisions set forth in this Act
regarding | 16 |
| the provision of a hearing for the discipline of a licensee.
| 17 |
| (a-5) Any entity that advertises architecture services in a | 18 |
| telecommunications directory must include its architecture | 19 |
| firm registration number or, in the case of a sole proprietor, | 20 |
| his or her individual license number. Nothing in this | 21 |
| subsection (a-5) requires the publisher of a | 22 |
| telecommunications directory to investigate or verify the | 23 |
| accuracy of the registration or license number provided by the | 24 |
| advertiser of architecture services.
| 25 |
| (b) The Department has the authority and power to |
|
|
|
09600SB0122ham001 |
- 36 - |
LRB096 02999 ASK 26845 a |
|
| 1 |
| investigate any and all
unlicensed activity.
| 2 |
| (c) The civil penalty shall be paid within 60 days after | 3 |
| the effective date
of the order imposing the civil penalty. The | 4 |
| order shall constitute a judgment
and may be filed and | 5 |
| execution had thereon in the same manner as any judgment
from | 6 |
| any court of record.
| 7 |
| (Source: P.A. 94-543, eff. 8-10-05.)
| 8 |
| (225 ILCS 305/24) (from Ch. 111, par. 1324)
| 9 |
| (Section scheduled to be repealed on January 1, 2010)
| 10 |
| Sec. 24. Investigations; notice and hearing. The | 11 |
| Department may investigate
the actions of any applicant or of | 12 |
| any person or entity holding or claiming to
hold a license or | 13 |
| registration. Before the initiation of an investigation, the
| 14 |
| matter shall be reviewed by a subcommittee of the Board | 15 |
| according to procedures
established by rule for the Complaint | 16 |
| Committee. The Department shall, before
refusing to restore, | 17 |
| issue or renew a license or registration, or discipline a
| 18 |
| licensee or registrant, at least 30 days prior to the date set | 19 |
| for the
hearing, notify in writing the applicant for, or holder | 20 |
| of, a license or
registrant of the nature of the charges and | 21 |
| that a hearing will be held on the
date designated, and direct | 22 |
| the applicant or entity or licensee or registrant
to file a | 23 |
| written answer to the Board under oath within 20 days after the
| 24 |
| service of the notice and inform the applicant or entity or | 25 |
| licensee or
registrant that failure to file an answer will |
|
|
|
09600SB0122ham001 |
- 37 - |
LRB096 02999 ASK 26845 a |
|
| 1 |
| result in default being taken
against the applicant or entity | 2 |
| or licensee or registrant and that the license
or certificate | 3 |
| may be suspended, revoked, placed on probationary status, or
| 4 |
| other disciplinary action may be taken, including limiting the | 5 |
| scope, nature or
extent of practice, as the Director may deem | 6 |
| proper. Written notice may be
served by personal delivery or | 7 |
| certified or registered mail to the respondent
at the address | 8 |
| of record with his last notification to the Department. In case | 9 |
| the person
or entity fails to file an answer after receiving | 10 |
| notice, his or her license or
certificate may, in the | 11 |
| discretion of the Department, be suspended, revoked, or
placed | 12 |
| on probationary status, or the Department may take whatever | 13 |
| disciplinary
action deemed proper, including limiting the | 14 |
| scope, nature, or extent of the
person's practice or the | 15 |
| imposition of a fine, without a hearing, if the act or
acts | 16 |
| charged constitute sufficient grounds for such action under | 17 |
| this Act. At
the time and place fixed in the notice, the Board | 18 |
| shall proceed to hear the
charges and the parties or their | 19 |
| counsel shall be accorded ample opportunity to
present such | 20 |
| statements, testimony, evidence and argument as may be | 21 |
| pertinent
to the charges or to their defense. The Board may | 22 |
| continue the hearing from
time to time.
| 23 |
| (Source: P.A. 87-1031; 88-428.)
| 24 |
| (225 ILCS 305/25) (from Ch. 111, par. 1325)
| 25 |
| (Section scheduled to be repealed on January 1, 2010)
|
|
|
|
09600SB0122ham001 |
- 38 - |
LRB096 02999 ASK 26845 a |
|
| 1 |
| Sec. 25. Stenographer; transcript. The Department, at its
| 2 |
| expense, shall preserve a record of all proceedings at the | 3 |
| formal hearing
of any case involving the refusal to restore, | 4 |
| issue or renew a license, or
the discipline of a licensee.
The | 5 |
| notice of hearing, complaint and all other documents in the | 6 |
| nature of
pleadings and written motions filed in the | 7 |
| proceedings, the transcript of
testimony, the report of the | 8 |
| Board and the orders of the Department shall
be the record of | 9 |
| the proceedings. A The Department shall furnish a
transcript of | 10 |
| the record may be made available to any person interested in | 11 |
| the hearing upon
payment of the fee required by Section | 12 |
| 2105-115 of the Department
of Professional Regulation Law (20 | 13 |
| ILCS 2105/2105-115).
| 14 |
| (Source: P.A. 91-239, eff. 1-1-00.)
| 15 |
| (225 ILCS 305/26) (from Ch. 111, par. 1326)
| 16 |
| (Section scheduled to be repealed on January 1, 2010)
| 17 |
| Sec. 26. Subpoenas ; depositions; oaths of witnesses; | 18 |
| Oaths . The Department has
power to subpoena documents, books, | 19 |
| records, or other materials and to bring before it any person | 20 |
| and to take testimony, either orally or by deposition, or take | 21 |
| written interrogatories, or any combination thereof, with the | 22 |
| same fees and mileage and in the same manner as is prescribed | 23 |
| in civil cases in the courts of this State. | 24 |
| The Secretary, the designated hearing officer, and every | 25 |
| member of the Board has the power to administer oaths to |
|
|
|
09600SB0122ham001 |
- 39 - |
LRB096 02999 ASK 26845 a |
|
| 1 |
| witnesses at any hearing that the Department is authorized to | 2 |
| conduct and any other oaths authorized in any Act administered | 3 |
| by the Department. and bring before it any person in this State | 4 |
| and to take
testimony either orally or by deposition, or both, | 5 |
| with the same fees and
mileage and in the same manner as | 6 |
| prescribed by law in judicial proceedings
in civil cases in | 7 |
| circuit courts of this State.
| 8 |
| The Director, and every member of the Board each have power | 9 |
| to
administer oaths to witnesses at any hearing which the | 10 |
| Department is
authorized by law to conduct, and any other oaths | 11 |
| required or authorized in
any Act administered by the | 12 |
| Department.
| 13 |
| (Source: P.A. 86-702.)
| 14 |
| (225 ILCS 305/29) (from Ch. 111, par. 1329)
| 15 |
| (Section scheduled to be repealed on January 1, 2010)
| 16 |
| Sec. 29. Hearing officer. Notwithstanding the provisions | 17 |
| of
Section 28 of this Act, the Director has the authority to | 18 |
| appoint
any attorney duly licensed to practice law in the State | 19 |
| of Illinois to
serve as the hearing officer in any action under | 20 |
| Section 24.
The Director shall notify the Board of any such | 21 |
| appointment. The hearing
officer has full authority to conduct | 22 |
| the hearing. The Board has
the right to have at least one | 23 |
| member present at any hearing conducted
by such hearing | 24 |
| officer. The hearing officer shall report his findings of
fact, | 25 |
| conclusions of law and recommendations to the Board and the |
|
|
|
09600SB0122ham001 |
- 40 - |
LRB096 02999 ASK 26845 a |
|
| 1 |
| Director.
The Board has 60 days from receipt of the report to | 2 |
| review the
report of the hearing officer and present its | 3 |
| findings of fact,
conclusions of law and recommendations to the | 4 |
| Secretary Director . If the Board fails
to present its report | 5 |
| within the 60 day period, the Secretary may Director shall | 6 |
| issue an
order based on the report of the hearing officer. If | 7 |
| the Secretary Director
disagrees in any regard with the report | 8 |
| of the Board or hearing officer, he
may issue an order in | 9 |
| contravention thereof. The Secretary Director shall notify | 10 |
| provide a
written explanation to the Board on any such | 11 |
| deviation, and shall specify
with particularity the reasons for | 12 |
| such action in the final order.
| 13 |
| (Source: P.A. 86-702.)
| 14 |
| (225 ILCS 305/31) (from Ch. 111, par. 1331)
| 15 |
| (Section scheduled to be repealed on January 1, 2010)
| 16 |
| Sec. 31. Restoration of suspended or revoked Issuance or | 17 |
| restoration of license. At any time after the successful
| 18 |
| completion of a term of suspension or revocation of a license, | 19 |
| the Department may restore it to the licensee, upon the written | 20 |
| recommendation of the Board, unless after an investigation and | 21 |
| a hearing the Board determines that restoration is not in the | 22 |
| public interest the
refusal to issue, or after the suspension | 23 |
| or revocation of any license, the
Department may issue or | 24 |
| restore it to the applicant without examination,
upon the | 25 |
| written recommendation of the Board .
|
|
|
|
09600SB0122ham001 |
- 41 - |
LRB096 02999 ASK 26845 a |
|
| 1 |
| (Source: P.A. 86-702.)
| 2 |
| (225 ILCS 305/36) (from Ch. 111, par. 1336)
| 3 |
| (Section scheduled to be repealed on January 1, 2010)
| 4 |
| Sec. 36. Violations. Each of the following Acts constitutes | 5 |
| a
Class A misdemeanor for the first offense and a Class 4 | 6 |
| felony for a second
or subsequent offense:
| 7 |
| (a) the practice, attempt to practice or offer to | 8 |
| practice architecture,
or the advertising or putting out of | 9 |
| any sign or card or other device which
might indicate to | 10 |
| the public that the person is entitled to practice
| 11 |
| architecture, without a license as a licensed architect, or | 12 |
| registration as a
professional design firm issued by the | 13 |
| Department. Each day of practicing
architecture or | 14 |
| attempting to practice architecture, and each instance of
| 15 |
| offering to practice architecture, without a license as a | 16 |
| licensed architect
or registration as a professional | 17 |
| design firm constitutes a separate offense;
| 18 |
| (b) the making of any wilfully false oath or | 19 |
| affirmation in any matter
or proceeding where an oath or | 20 |
| affirmation is required by this Act;
| 21 |
| (c) the affixing of a licensed architect's seal to any | 22 |
| technical submissions construction
documents which have | 23 |
| not been prepared by that architect or under the
| 24 |
| architect's responsible direct supervision and control;
| 25 |
| (d) the violation of any provision of this Act or its |
|
|
|
09600SB0122ham001 |
- 42 - |
LRB096 02999 ASK 26845 a |
|
| 1 |
| rules;
| 2 |
| (e) using or attempting to use an expired, inactive, | 3 |
| suspended, or
revoked license, or the certificate or seal | 4 |
| of another, or impersonating
another licensee;
| 5 |
| (f) obtaining or attempting to obtain a license or | 6 |
| registration by
fraud; or
| 7 |
| (g) If any person, sole proprietorship, professional | 8 |
| service corporation,
limited liability company, | 9 |
| corporation or partnership, or other entity
practices | 10 |
| architecture or advertises or displays any sign or card or | 11 |
| other
device that might indicate to the public that the | 12 |
| person or entity is entitled
to practice as an architect or | 13 |
| use the title "architect" or any of its
derivations unless | 14 |
| the person or other entity holds an active license as an
| 15 |
| architect or registration as a professional design firm in | 16 |
| the State; then, in
addition to any other penalty provided | 17 |
| by law any person or other entity who
violates this | 18 |
| subsection (g) shall forfeit and pay to the Design | 19 |
| Professionals
Administration and Investigation Fund a | 20 |
| civil penalty in an amount determined
by the Department of | 21 |
| not more than $10,000 $5,000 for each offense.
| 22 |
| An unlicensed person who has completed the education | 23 |
| requirements, is actively participating in the diversified | 24 |
| professional training, and maintains in good standing a | 25 |
| training record as required for licensure by this Act may use | 26 |
| the title "architectural intern", but may not independently |
|
|
|
09600SB0122ham001 |
- 43 - |
LRB096 02999 ASK 26845 a |
|
| 1 |
| engage in the practice of architecture.
| 2 |
| (Source: P.A. 93-1009, eff. 1-1-05.)
| 3 |
| (225 ILCS 305/38) (from Ch. 111, par. 1338)
| 4 |
| (Section scheduled to be repealed on January 1, 2010)
| 5 |
| Sec. 38. Fund; appropriations; investments; audits. Moneys
| 6 |
| deposited in the Design Professionals Administration and | 7 |
| Investigation Fund
shall be appropriated to the Department | 8 |
| exclusively for expenses of the
Department and the Board in the | 9 |
| administration of this Act, the Illinois
Professional Land | 10 |
| Surveyor Act of 1989, the Professional Engineering
Practice Act | 11 |
| of 1989, and the Structural Engineering Practice Act of
1989. | 12 |
| The expenses of the Department under this Act shall be limited | 13 |
| to the
ordinary and contingent expenses of the Design | 14 |
| Professionals Dedicated
Employees within the Department as | 15 |
| established under Section 2105-75 of the
Department of | 16 |
| Professional Regulation Law (20 ILCS 2105/2105-75) and other
| 17 |
| expenses related to the administration and enforcement of this | 18 |
| Act.
| 19 |
| Moneys from the Fund may also be used for direct and | 20 |
| allocable indirect
costs related to the public purposes of the | 21 |
| Department of Financial and Professional
Regulation. Moneys in | 22 |
| the Fund may be transferred to the Professions Indirect
Cost | 23 |
| Fund as authorized by Section 2105-300 of the Department of
| 24 |
| Professional Regulation Law (20 ILCS 2105/2105-300).
| 25 |
| All fines and penalties under Sections 22 and 36 shall be |
|
|
|
09600SB0122ham001 |
- 44 - |
LRB096 02999 ASK 26845 a |
|
| 1 |
| deposited in
the Design Professionals Administration and | 2 |
| Investigation Fund.
| 3 |
| Moneys in the Design Professionals Administration and | 4 |
| Investigation Fund
may be invested and reinvested, with all | 5 |
| earnings received from the
investments to be deposited in the | 6 |
| Design Professionals Administration and
Investigation Fund and | 7 |
| used for the same purposes as fees deposited in
the Fund.
| 8 |
| Upon the completion of any audit of the Department as | 9 |
| prescribed by the
Illinois State Auditing Act that includes an | 10 |
| audit of the Design
Professionals Administration and | 11 |
| Investigation Fund, the Department shall
make the audit open to | 12 |
| inspection by any interested person. The copy of
the audit | 13 |
| report required to be submitted to the Department by this
| 14 |
| Section is an addition to copies of audit reports required to | 15 |
| be submitted
to other State officers and agencies by Section | 16 |
| 3-14 of the Illinois
State Auditing Act.
| 17 |
| (Source: P.A. 91-91, eff. 1-1-00; 91-133, eff. 1-1-00; 91-239, | 18 |
| eff. 1-1-00;
92-16, eff. 6-28-01.)
| 19 |
| Section 15. The Structural Engineering Practice Act of 1989 | 20 |
| is amended by changing Sections 4, 5, 6, 7, 8, 9, 10, 11, 14, | 21 |
| 16, 18, 19, 20, 20.5, 21, 22, 23, 24, 26, 27, 28 and 31 and by | 22 |
| adding Section 4.5 as follows:
| 23 |
| (225 ILCS 340/4) (from Ch. 111, par. 6604)
| 24 |
| (Section scheduled to be repealed on January 1, 2010)
|
|
|
|
09600SB0122ham001 |
- 45 - |
LRB096 02999 ASK 26845 a |
|
| 1 |
| Sec. 4. In this Act:
| 2 |
| (a) "Address of record" means the designated address | 3 |
| recorded by the Department in the applicant's or licensee's | 4 |
| application file or license file maintained by the Department's | 5 |
| licensure maintenance unit. It is the duty of the applicant or | 6 |
| licensee to inform the Department of any change of address, and | 7 |
| such changes must be made either through the Department's | 8 |
| website or by directly contacting the Department. | 9 |
| (b) (a) "Department" means the Department of Financial and | 10 |
| Professional Regulation.
| 11 |
| (c) (b) "Secretary" "Director" means the Secretary | 12 |
| Director of the Department of Financial and Professional
| 13 |
| Regulation.
| 14 |
| (d) (c) "Board" means the Structural Engineering Board | 15 |
| appointed by the
Secretary Director .
| 16 |
| (e) (d) "Negligence in the practice of structural | 17 |
| engineering" means the
failure to exercise that degree of | 18 |
| reasonable professional skill, judgment
and diligence normally | 19 |
| rendered by structural engineers in the
practice of structural | 20 |
| engineering.
| 21 |
| (f) (e) "Structural engineer intern" means a person who is | 22 |
| a candidate for
licensure as a structural engineer and who has | 23 |
| been enrolled as a structural
engineer intern.
| 24 |
| (g) (f) "Structural engineer" means a person licensed under | 25 |
| the laws of the
State of Illinois to practice structural | 26 |
| engineering.
|
|
|
|
09600SB0122ham001 |
- 46 - |
LRB096 02999 ASK 26845 a |
|
| 1 |
| (Source: P.A. 91-91, eff. 1-1-00.)
| 2 |
| (225 ILCS 340/4.5 new)
| 3 |
| Sec. 4.5. References to Department or Director of | 4 |
| Professional Regulation. References in this Act (i) to the | 5 |
| Department of Professional Regulation are deemed, in | 6 |
| appropriate contexts, to be references to the Department of | 7 |
| Financial and Professional Regulation and (ii) to the Director | 8 |
| of Professional Regulation are deemed, in appropriate | 9 |
| contexts, to be references to the Secretary of Financial and | 10 |
| Professional Regulation.
| 11 |
| (225 ILCS 340/5) (from Ch. 111, par. 6605)
| 12 |
| (Section scheduled to be repealed on January 1, 2010)
| 13 |
| Sec. 5.
A person shall be regarded as practicing structural | 14 |
| engineering
within the meaning of this Act who is engaged in | 15 |
| the design, analysis, or supervision designing or
supervising | 16 |
| of the construction, enlargement or alteration of structures,
| 17 |
| or any part thereof, for others, to be constructed by persons | 18 |
| other than
himself. Structures within the meaning of this Act | 19 |
| are all structures
having as essential features foundations, | 20 |
| columns, girders, trusses,
arches or and beams, with or without | 21 |
| other parts, and in which safe design and
construction require | 22 |
| that loads and stresses must be computed and the size
and | 23 |
| strength of parts determined by mathematical calculations | 24 |
| based upon
scientific principles and engineering data. A person |
|
|
|
09600SB0122ham001 |
- 47 - |
LRB096 02999 ASK 26845 a |
|
| 1 |
| shall also be regarded
as practicing structural engineering | 2 |
| within the meaning of this Act who is
engaged as a principal in | 3 |
| the design, analysis, or supervision designing and supervision | 4 |
| of the construction
of structures or of the structural part of | 5 |
| edifices designed solely for the
generation of electricity; or | 6 |
| for the hoisting, cleaning, sizing or storing
of coal, cement, | 7 |
| sand, grain, gravel or similar materials; elevators;
| 8 |
| manufacturing plants; docks; bridges; blast furnaces; rolling | 9 |
| mills; gas
producers and reservoirs; smelters; dams; | 10 |
| reservoirs; waterworks; sanitary
works as applied to the | 11 |
| purification of water; plants for waste and sewage
disposal; | 12 |
| round houses for locomotives; railroad shops; pumping or power
| 13 |
| stations for drainage districts; or power houses, even though | 14 |
| such
structures may come within the definition of "buildings" | 15 |
| as defined in any
Act in force in this State relating to the | 16 |
| regulation of the practice of
architecture.
| 17 |
| (Source: P.A. 86-711.)
| 18 |
| (225 ILCS 340/6) (from Ch. 111, par. 6606)
| 19 |
| (Section scheduled to be repealed on January 1, 2010)
| 20 |
| Sec. 6.
The Department of Financial and Professional | 21 |
| Regulation shall exercise the
following functions, powers and | 22 |
| duties subject to the provisions of this Act:
| 23 |
| (1) To conduct Conduct examinations to ascertain the | 24 |
| qualifications and fitness of
applicants for licensure as | 25 |
| licensed structural engineers, and pass upon the
|
|
|
|
09600SB0122ham001 |
- 48 - |
LRB096 02999 ASK 26845 a |
|
| 1 |
| qualifications and fitness of applicants for licensure by | 2 |
| endorsement.
| 3 |
| (2) To prescribe Prescribe rules for a method of | 4 |
| examination of
candidates.
| 5 |
| (3) To prescribe rules to establish what constitutes a | 6 |
| structural engineering or related science curriculum, to | 7 |
| determine if a specific curriculum qualifies as a | 8 |
| structural engineering or related science curriculum, and | 9 |
| to terminate the Department's approval of any curriculum as | 10 |
| a structural engineering or related science curriculum for | 11 |
| non-compliance with such rules. Prescribe rules defining | 12 |
| what shall constitute a
school, college or university or | 13 |
| department of a university, or other
institution, | 14 |
| reputable and in good standing, and to determine the
| 15 |
| reputability and good standing of a school, college or | 16 |
| other institution
reputable and in good standing by | 17 |
| reference to a compliance with such
rules; provided that no | 18 |
| school, college or university, or
department of a | 19 |
| university or other institution that refuses admittance to
| 20 |
| applicants, solely on account of race, color, creed, sex, | 21 |
| religion,
physical or mental handicap unrelated to | 22 |
| ability, or national
origin shall be considered reputable | 23 |
| and in good standing.
| 24 |
| (3.5) To register Register corporations, partnerships, | 25 |
| professional service
corporations, limited liability | 26 |
| companies, and sole proprietorships for the
practice of |
|
|
|
09600SB0122ham001 |
- 49 - |
LRB096 02999 ASK 26845 a |
|
| 1 |
| structural engineering and issue a license to those who | 2 |
| qualify.
| 3 |
| (4) To investigate Investigate complaints, to conduct | 4 |
| oral interviews, disciplinary
conferences, and formal | 5 |
| evidentiary hearings on proceedings to refuse to
issue, | 6 |
| renew or restore, or to suspend or revoke a license, or to | 7 |
| place on
probation or reprimand a licensee for reasons set | 8 |
| forth in Section 20 of this
Act.
| 9 |
| (5) To formulate Formulate rules necessary to carry out | 10 |
| the provisions of this Act.
| 11 |
| (6) To maintain Maintain membership in a national | 12 |
| organization that provides an
acceptable structural | 13 |
| engineering examination and participate in activities of
| 14 |
| the organization by designation of individuals for the | 15 |
| various classifications
of membership and the appointment | 16 |
| of delegates for attendance at regional and
national | 17 |
| meetings of the organization. All costs associated with | 18 |
| membership
and attendance of such delegates to any national | 19 |
| meetings may be funded from
the Design Professionals | 20 |
| Administration and Investigation Fund.
| 21 |
| (7) To review such applicant qualifications to sit for | 22 |
| the examination or for licensure that the Board designates | 23 |
| pursuant to Section 8 of this Act. | 24 |
| Prior to issuance of any final decision or order
that | 25 |
| deviates from any report or recommendation of the Board | 26 |
| relating to
the qualification of applicants, discipline of |
|
|
|
09600SB0122ham001 |
- 50 - |
LRB096 02999 ASK 26845 a |
|
| 1 |
| licensees or registrants, or
promulgation of rules, the | 2 |
| Secretary Director shall notify the Board and the Secretary of
| 3 |
| State in writing with an explanation of any such deviation and | 4 |
| provide a
reasonable time for the Board to submit written | 5 |
| comments to the Secretary Director
regarding the proposed | 6 |
| action. In the event that the Board fails or declines
to submit | 7 |
| such written comments within 30 days of said notification, the | 8 |
| Secretary
Director may issue a final decision or order | 9 |
| consistent with the Secretary's Director's
original decision.
| 10 |
| None of these functions, powers or duties shall be
| 11 |
| exercised by the Department of Professional Regulation except | 12 |
| upon the
action and report in writing of the Board.
| 13 |
| Whenever the Secretary is not satisfied that substantial | 14 |
| justice has been done in an examination, the Secretary may | 15 |
| order a reexamination by the same or other examiners. | 16 |
| (Source: P.A. 91-91, eff. 1-1-00.)
| 17 |
| (225 ILCS 340/7) (from Ch. 111, par. 6607)
| 18 |
| (Section scheduled to be repealed on January 1, 2010)
| 19 |
| Sec. 7.
The Secretary Director shall appoint a Structural | 20 |
| Engineering Board ,
which shall consist of 7 6 members. Six Five | 21 |
| members shall be Illinois licensed
structural engineers, who | 22 |
| have been engaged in the practice of structural
engineering for | 23 |
| a minimum of 10 years, and one shall be a public member.
The | 24 |
| public member shall be a voting member and shall not hold a | 25 |
| license as
an architect, professional engineer, structural |
|
|
|
09600SB0122ham001 |
- 51 - |
LRB096 02999 ASK 26845 a |
|
| 1 |
| engineer or land surveyor.
| 2 |
| Members shall serve 5 year terms and until their successors | 3 |
| are appointed
and qualified.
| 4 |
| In making the designation of persons to act, the Secretary | 5 |
| Director shall give due
consideration to recommendations by | 6 |
| members of the profession and by
organizations of the | 7 |
| structural engineering profession.
| 8 |
| The membership of the Board should reasonably reflect | 9 |
| representation from
the geographic areas in this State.
| 10 |
| No member shall be reappointed to the Board for a term | 11 |
| which would cause
his or her continuous service on the Board to | 12 |
| be longer than 15 14
successive
years in a lifetime .
Service | 13 |
| prior to the effective date of this Act shall not be considered | 14 |
| in
calculating length of service.
| 15 |
| Appointments to fill vacancies shall be made in the same | 16 |
| manner as
original appointments, for the unexpired portion of | 17 |
| the vacated term.
Initial terms under this Act shall begin upon | 18 |
| the expiration of the terms
of Committee members appointed | 19 |
| under The Illinois Structural Engineering Act.
| 20 |
| Persons holding office as members of the Board under
this | 21 |
| Act on the effective date of
this Act shall serve
as members of | 22 |
| the Board under this Act
until
the expiration of the term for | 23 |
| which they were appointed and until their
successors are | 24 |
| appointed and qualified under this Act.
| 25 |
| Four members A quorum of the Board shall constitute a | 26 |
| quorum consist of a majority of Board members
appointed . A |
|
|
|
09600SB0122ham001 |
- 52 - |
LRB096 02999 ASK 26845 a |
|
| 1 |
| majority of the quorum is required for Board decisions.
| 2 |
| The Secretary Director may terminate the appointment of any | 3 |
| member for cause which
in the opinion of the Secretary Director | 4 |
| reasonably justifies such termination,
which may include, but | 5 |
| is not limited to, a Board member who does not attend
2 | 6 |
| consecutive meetings.
| 7 |
| Notice of proposed rulemaking shall be transmitted to the | 8 |
| Board and the
Department shall review the response of the Board | 9 |
| and any recommendations
made therein. The Department may, at | 10 |
| any time, seek the expert advice and
knowledge of the Board on | 11 |
| any matter relating to the administration or
enforcement of | 12 |
| this Act.
| 13 |
| Members of the Board shall be immune from suit in any | 14 |
| action based upon
any disciplinary proceedings or other | 15 |
| activities performed in good faith as
members of the Board.
| 16 |
| Each member of the Board may receive compensation as | 17 |
| determined by the Secretary Whenever the Director is not | 18 |
| satisfied that substantial justice has been
done in an | 19 |
| examination, the Director may order a reexamination by the same
| 20 |
| or other examiners .
| 21 |
| (Source: P.A. 91-91, eff. 1-1-00; 92-237, eff. 8-3-01.)
| 22 |
| (225 ILCS 340/8) (from Ch. 111, par. 6608)
| 23 |
| (Section scheduled to be repealed on January 1, 2010)
| 24 |
| Sec. 8. The Board has the following powers and duties:
| 25 |
| (a) The Board shall hold at least 3 regular meetings each |
|
|
|
09600SB0122ham001 |
- 53 - |
LRB096 02999 ASK 26845 a |
|
| 1 |
| year;
| 2 |
| (b) The Board shall annually elect a Chairperson and a Vice | 3 |
| Chairperson,
both of whom shall be Illinois licensed
structural | 4 |
| engineers;
| 5 |
| (c) The Board, upon request by the Department, may make a | 6 |
| curriculum
evaluation to determine if courses conform to | 7 |
| requirements of approved
engineering programs;
| 8 |
| (d) The Department may at any time seek the expert advice | 9 |
| and knowledge of
the Board on any matter relating to the | 10 |
| enforcement of this Act;
| 11 |
| (e) The Board may appoint a subcommittee to serve as a | 12 |
| Complaint Committee
to recommend the disposition of case files | 13 |
| according to procedures established
by rule;
| 14 |
| (f) The Board shall assist the Department in conducting | 15 |
| oral interviews,
disciplinary conferences, informal | 16 |
| conferences, and formal evidentiary hearings;
| 17 |
| (g) The Board shall review applicant qualifications to sit | 18 |
| for the
examination or for licensure and shall make | 19 |
| recommendations to the
Department except for those applicant | 20 |
| qualifications that the Board designates as routinely | 21 |
| acceptable , and the Department shall review the Board's
| 22 |
| recommendations on
applicant qualifications; and
| 23 |
| (h) The Board may shall submit written comments to the | 24 |
| Secretary Director within a reasonable time 30 days
from | 25 |
| notification of any final decision or order from the Secretary | 26 |
| Director that
deviates from any report or recommendation of the |
|
|
|
09600SB0122ham001 |
- 54 - |
LRB096 02999 ASK 26845 a |
|
| 1 |
| Board relating to the
qualification of applicants, discipline | 2 |
| of licensees or registrants, unlicensed practice, or
| 3 |
| promulgation of rules.
| 4 |
| (Source: P.A. 91-91, eff. 1-1-00.)
| 5 |
| (225 ILCS 340/9) (from Ch. 111, par. 6609)
| 6 |
| (Section scheduled to be repealed on January 1, 2010)
| 7 |
| Sec. 9.
Applications for original licenses shall be made to | 8 |
| the
Department in writing on forms prescribed by the Department | 9 |
| and shall be
accompanied by the required fee, which is not | 10 |
| refundable. The application
shall require such information as | 11 |
| in the judgment of the Department will
enable the Department to | 12 |
| pass on the qualifications of the applicant for
a license.
The | 13 |
| Department may require an applicant, at the applicant's | 14 |
| expense, to have
an evaluation of the applicant's education in | 15 |
| a foreign county by a nationally
recognized evaluation service | 16 |
| educational body approved by the Department Board in accordance | 17 |
| with rules
prescribed by the Department.
| 18 |
| An applicant who graduated from a structural engineering | 19 |
| program outside the
United States or its territories and whose | 20 |
| first language is not English shall
submit certification of | 21 |
| passage of the Test of English as a Foreign Language
(TOEFL) | 22 |
| and a test of spoken English the Test of Spoken English (TSE) | 23 |
| as defined by rule.
| 24 |
| (Source: P.A. 91-91, eff. 1-1-00.)
|
|
|
|
09600SB0122ham001 |
- 55 - |
LRB096 02999 ASK 26845 a |
|
| 1 |
| (225 ILCS 340/10) (from Ch. 111, par. 6610)
| 2 |
| (Section scheduled to be repealed on January 1, 2010)
| 3 |
| Sec. 10.
The Department shall authorize examinations of | 4 |
| applicants as
structural engineers at such times and places as | 5 |
| it may determine. The
examination of applicants shall be of a | 6 |
| character to give a fair test of
the qualifications of the | 7 |
| applicant to practice structural engineering.
| 8 |
| Applicants for examination as structural engineers are | 9 |
| required to
pay, either to the Department or the designated | 10 |
| testing service, a fee
covering the cost of providing the | 11 |
| examination. Failure to appear for the
examination on the | 12 |
| scheduled date, at the time and place specified, after
the | 13 |
| applicant's application for examination has been received and
| 14 |
| acknowledged by the Department or the designated testing | 15 |
| service, shall
result in the forfeiture of the examination fee.
| 16 |
| If an applicant neglects, fails without an approved excuse | 17 |
| or refuses
to take the next available examination offered for | 18 |
| licensure under this
Act, the fee paid by the applicant shall | 19 |
| be forfeited to the Department and
the application denied. If | 20 |
| an applicant fails to pass an examination for a
licensure under | 21 |
| this Act within 3 years after filing the application,
the | 22 |
| application shall be denied. However, such applicant may | 23 |
| thereafter
make a new application for examination accompanied | 24 |
| by the required fee, and
must furnish proof of meeting the | 25 |
| qualifications for examination in effect
at the time of new | 26 |
| application.
|
|
|
|
09600SB0122ham001 |
- 56 - |
LRB096 02999 ASK 26845 a |
|
| 1 |
| (Source: P.A. 91-91, eff. 1-1-00.)
| 2 |
| (225 ILCS 340/11) (from Ch. 111, par. 6611)
| 3 |
| (Section scheduled to be repealed on January 1, 2010)
| 4 |
| Sec. 11.
A person is qualified for enrollment as a
| 5 |
| structural
engineer intern or licensure as a structural | 6 |
| engineer if that person has
applied in
writing in form and | 7 |
| substance
satisfactory to the Department and:
| 8 |
| (a) The applicant is of good moral character. In | 9 |
| determining moral
character
under this Section, the Department | 10 |
| may take into consideration whether the
applicant has engaged | 11 |
| in conduct or actions that would constitute grounds for
| 12 |
| discipline under this Act.
| 13 |
| (a-5) The applicant, if a structural engineer intern | 14 |
| applicant, has met
the
minimum
standards for enrollment as a | 15 |
| structural engineer intern,
which are as follows:
| 16 |
| (1) is a graduate of an approved
structural engineering | 17 |
| curriculum of at least 4 years
meeting the requirements as | 18 |
| set forth by rule and passes a nominal 8-hour
written | 19 |
| examination in the fundamentals of engineering; or
| 20 |
| (2) is a graduate of
a related science curriculum of at | 21 |
| least 4 years meeting the requirements as
set forth by rule | 22 |
| and passes a nominal 8-hour written examination in the
| 23 |
| fundamentals of engineering.
| 24 |
| (b) The applicant, if a structural engineer applicant, has | 25 |
| met the minimum
standards for
licensure as a structural |
|
|
|
09600SB0122ham001 |
- 57 - |
LRB096 02999 ASK 26845 a |
|
| 1 |
| engineer, which are as follows:
| 2 |
| (1) is
a graduate of an approved structural engineering | 3 |
| curriculum of at least 4 years meeting
the requirements as | 4 |
| set forth by rule and submits
evidence acceptable to the | 5 |
| Department of an additional 4 years or more of
experience | 6 |
| in structural engineering work of a grade and character | 7 |
| which
indicates that the individual may be competent to | 8 |
| practice structural
engineering as set forth by rule; or
| 9 |
| (2) is a graduate of an approved
related science | 10 |
| curriculum of at least
4
years meeting the requirements as | 11 |
| set forth by rule who submits
evidence acceptable to the | 12 |
| Department of an additional 8 years or more of
progressive | 13 |
| experience in structural engineering work of a grade and
| 14 |
| character which indicates that the individual may be | 15 |
| competent to practice
structural engineering as set forth | 16 |
| by rule.
| 17 |
| (c) The applicant, if a structural engineer applicant, has | 18 |
| passed an
examination authorized conducted by the Department as | 19 |
| determined by rule
to
determine his or her fitness to receive a | 20 |
| license as a structural engineer Structural Engineer .
| 21 |
| (Source: P.A. 91-91, eff. 1-1-00.)
| 22 |
| (225 ILCS 340/14) (from Ch. 111, par. 6614)
| 23 |
| (Section scheduled to be repealed on January 1, 2010)
| 24 |
| Sec. 14.
The expiration date and renewal period for each | 25 |
| license
issued under this Act shall be set by rule. The holder |
|
|
|
09600SB0122ham001 |
- 58 - |
LRB096 02999 ASK 26845 a |
|
| 1 |
| of a license
may renew the license during the month preceding | 2 |
| its
expiration date by paying the required fee.
Beginning | 3 |
| January 1, 1996, the holder of a license may renew the license
| 4 |
| during the month preceding its expiration by paying the | 5 |
| required fee and
submitting satisfactory evidence of knowledge | 6 |
| in seismic design.
| 7 |
| A licensed structural engineer who has permitted his | 8 |
| license
to expire or who placed his license on inactive status
| 9 |
| may have his license restored by making application to
the | 10 |
| Department and filing proof acceptable to the Department of | 11 |
| fitness
to have the license restored, including sworn evidence
| 12 |
| certifying to active practice in another jurisdiction | 13 |
| satisfactory to the
Department and by submitting evidence of | 14 |
| knowledge in seismic design and by paying the required | 15 |
| restoration fee.
| 16 |
| If the licensed structural engineer has not maintained an | 17 |
| active practice
in another jurisdiction satisfactory to the | 18 |
| Department, the Board shall
determine, by an evaluation program | 19 |
| established by rule, that person's
fitness to resume active | 20 |
| status and may require the licensed structural
engineer to | 21 |
| complete an examination.
| 22 |
| Any licensed structural engineer whose license has been | 23 |
| expired
for more than 5 years may have his license restored by | 24 |
| making application
to the Department and filing proof | 25 |
| acceptable to the Department
of fitness to have the license | 26 |
| restored, including sworn evidence
certifying to active |
|
|
|
09600SB0122ham001 |
- 59 - |
LRB096 02999 ASK 26845 a |
|
| 1 |
| practice in another jurisdiction and by paying the
required | 2 |
| restoration fee.
| 3 |
| However, any licensed structural engineer whose license
| 4 |
| has expired while such engineer was engaged (1) in federal
| 5 |
| service on active duty with the Army of the United States, the | 6 |
| United
States Navy, the Marine Corps, the Air Force, the Coast | 7 |
| Guard, or the
State Militia called into the service or training | 8 |
| of the United States
of America, or (2) in training or | 9 |
| education under the supervision of the
United States | 10 |
| preliminary to induction into the military service, may
have | 11 |
| his license restored or reinstated without paying any lapsed | 12 |
| renewal fees,
reinstatement fee or restoration fee or passing | 13 |
| any examination, if within 2
years after termination of such | 14 |
| service, training or education other than by
dishonorable | 15 |
| discharge such person furnishes the Department with an | 16 |
| affidavit
to the effect that he has been so engaged and that | 17 |
| the service, training or
education has been so terminated.
| 18 |
| (Source: P.A. 86-711; 87-1237.)
| 19 |
| (225 ILCS 340/16) (from Ch. 111, par. 6616)
| 20 |
| (Section scheduled to be repealed on January 1, 2010)
| 21 |
| Sec. 16.
The Department may, in its discretion, license as | 22 |
| a
structural engineer upon payment of the
required fee, an
| 23 |
| applicant who is a structural engineer licensed under the laws | 24 |
| of another
state or territory, or of another country, if the | 25 |
| requirements for
licensure in the state or , territory or |
|
|
|
09600SB0122ham001 |
- 60 - |
LRB096 02999 ASK 26845 a |
|
| 1 |
| country were, at the date of
licensure, substantially | 2 |
| equivalent to the requirements in force in this
State on that | 3 |
| date.
| 4 |
| Applicants have 3 years from the date of application to | 5 |
| complete the
application process. If the process has not been | 6 |
| completed in 3 years,
the application shall be denied, the fee | 7 |
| forfeited and the applicant must
reapply and meet the | 8 |
| requirements in effect at the time of reapplication.
| 9 |
| (Source: P.A. 91-91, eff. 1-1-00.)
| 10 |
| (225 ILCS 340/18) (from Ch. 111, par. 6618)
| 11 |
| (Section scheduled to be repealed on January 1, 2010)
| 12 |
| Sec. 18.
A roster showing the names and addresses of all
| 13 |
| structural engineers licensed under this Act shall be prepared | 14 |
| by the
Department each year . This roster shall be available | 15 |
| upon written request
and payment of the required fee.
| 16 |
| (Source: P.A. 86-711.)
| 17 |
| (225 ILCS 340/19) (from Ch. 111, par. 6619)
| 18 |
| (Section scheduled to be repealed on January 1, 2010)
| 19 |
| Sec. 19. Professional design firm registration; | 20 |
| conditions.
| 21 |
| (a) Nothing in this Act prohibits the formation, under the | 22 |
| provisions of the
Professional Service Corporation Act, as | 23 |
| amended, of a corporation to practice
structural engineering.
| 24 |
| Any business, including a Professional Service |
|
|
|
09600SB0122ham001 |
- 61 - |
LRB096 02999 ASK 26845 a |
|
| 1 |
| Corporation, that
includes within its stated purposes, | 2 |
| practices, or holds itself out as
available to practice, | 3 |
| structural engineering, shall be registered with
the | 4 |
| Department pursuant to the provisions of this Section.
| 5 |
| Any sole proprietorship not owned and operated by an | 6 |
| Illinois licensed
design professional licensed under this Act | 7 |
| shall be prohibited from
offering structural engineering | 8 |
| services to the public. "Illinois licensed
design | 9 |
| professional" means a person who holds an active license as a | 10 |
| structural
engineer under this Act, as an architect under the | 11 |
| Illinois
Architecture Practice Act of 1989, or as a | 12 |
| professional engineer under the
Professional Engineering | 13 |
| Practice Act of 1989.
Any sole proprietorship owned and | 14 |
| operated by a structural engineer with an
active license issued | 15 |
| under this Act and conducting or transacting such
business | 16 |
| under an assumed name in accordance with the provisions of the | 17 |
| Assumed
Business Name Act shall comply with the registration | 18 |
| requirements of a
professional design firm.
Any sole | 19 |
| proprietorship owned
and operated by a structural engineer with | 20 |
| an active license issued under this
Act and conducting or | 21 |
| transacting such business under the real name of the
sole | 22 |
| proprietor is exempt from the registration requirements of a
| 23 |
| professional design
firm.
| 24 |
| Any partnership which includes within its purpose, | 25 |
| practices, or
holds itself out as available to practice | 26 |
| structural engineering,
shall register with the Department |
|
|
|
09600SB0122ham001 |
- 62 - |
LRB096 02999 ASK 26845 a |
|
| 1 |
| pursuant to the provisions set forth
in this Section.
| 2 |
| (b) Any professional design firm seeking to be registered | 3 |
| under the
provisions of this Section shall not be registered | 4 |
| unless at least one a managing agent in
charge of structural | 5 |
| engineering activities in this State is designated by the
| 6 |
| professional design firm. A designated managing agent must at | 7 |
| all times maintain a valid,
active license to practice | 8 |
| structural engineering in Illinois.
| 9 |
| No individual whose license to practice structural | 10 |
| engineering in this
State is currently in a suspended or | 11 |
| revoked status shall act as a managing
agent for a professional | 12 |
| design firm.
| 13 |
| (c) No business shall practice or hold itself out as | 14 |
| available to practice
structural engineering until it is | 15 |
| registered with the Department.
| 16 |
| (d) Any business seeking to be registered under this | 17 |
| Section shall apply for
a certificate of registration on a form | 18 |
| provided by the Department and shall
provide such information | 19 |
| as requested by the Department, which shall include
but shall | 20 |
| not be limited to:
| 21 |
| (1) the name and license number of the person | 22 |
| designated as the
managing agent in responsible charge of | 23 |
| the practice of structural
engineering in Illinois. In the | 24 |
| case of a corporation, the corporation
shall also submit a | 25 |
| certified copy of the resolution by the board of directors
| 26 |
| designating the managing agent. In the case of a limited |
|
|
|
09600SB0122ham001 |
- 63 - |
LRB096 02999 ASK 26845 a |
|
| 1 |
| liability company,
the company shall submit a certified | 2 |
| copy of either its articles of
organization or operating | 3 |
| agreement designating the managing agent;
| 4 |
| (2) the names and license numbers of the directors, in | 5 |
| the case of a
corporation, the members, in the case of a | 6 |
| limited liability company, or
general partners, in the case | 7 |
| of a partnership;
| 8 |
| (3) a list of all locations at which the professional | 9 |
| design firm
provides structural engineering services to | 10 |
| the public; and
| 11 |
| (4) A list of all assumed names of the business. | 12 |
| Nothing in this
Section shall be construed to exempt a | 13 |
| professional design firm, sole
proprietorship, or | 14 |
| professional service corporation from compliance with the
| 15 |
| requirements of the Assumed Business Name Act.
| 16 |
| It shall be the responsibility of the professional design | 17 |
| firm to provide
the Department notice, in writing, of any | 18 |
| changes in the information
requested on the application.
| 19 |
| (e) In the event a managing agent is terminated or | 20 |
| terminates his status
as managing agent of the professional | 21 |
| design firm, such managing agent and professional design firm | 22 |
| shall notify the Department of this fact in writing, by
| 23 |
| certified mail, within 10 business days of such termination.
| 24 |
| Thereafter, the professional design firm, if it has so | 25 |
| informed the
Department, shall have 30 days in which to notify | 26 |
| the Department
of the name and registration number of a newly |
|
|
|
09600SB0122ham001 |
- 64 - |
LRB096 02999 ASK 26845 a |
|
| 1 |
| designated managing agent. If a
corporation, the corporation | 2 |
| shall also submit a certified copy of a resolution
by the board | 3 |
| of directors designating the new managing agent. If a limited
| 4 |
| liability company, the company shall also submit a certified | 5 |
| copy of either its
articles of organization or operating | 6 |
| agreement designating the new managing
agent. The Department | 7 |
| may, upon good cause shown, extend the original 30 day
period.
| 8 |
| If the professional design firm fails to notify the | 9 |
| Department in writing
by certified mail within the specified | 10 |
| time, the registration shall be
terminated without prior | 11 |
| hearing. Notification of termination shall be sent to the | 12 |
| address of record by
certified mail to the last known address | 13 |
| of the business . If the professional
design firm continues to | 14 |
| operate and offer structural engineering services
after the | 15 |
| termination, the Department may seek prosecution under | 16 |
| Sections 20,
34, and 34a of this Act for the unlicensed | 17 |
| practice of structural engineering.
| 18 |
| (f) No professional design firm shall be relieved of | 19 |
| responsibility for the
conduct or acts of its agents, | 20 |
| employees, members, managers, or officers by
reason of its | 21 |
| compliance with this Section, nor shall any individual | 22 |
| practicing
structural engineering be relieved of the | 23 |
| responsibility for professional
services performed by reason | 24 |
| of the individual's employment or relationship
with a | 25 |
| professional design firm registered under this Section.
| 26 |
| (g) Disciplinary action against a professional design firm |
|
|
|
09600SB0122ham001 |
- 65 - |
LRB096 02999 ASK 26845 a |
|
| 1 |
| registered
under this Section shall be administered in the same | 2 |
| manner and on the same
grounds as disciplinary action against a | 3 |
| licensed structural engineer.
All disciplinary action taken or | 4 |
| pending against a corporation or
partnership before the | 5 |
| effective date of this amendatory Act of 1993 shall be
| 6 |
| continued or remain in effect without the Department filing | 7 |
| separate actions.
| 8 |
| It is unlawful for any person to practice, or to attempt to | 9 |
| practice,
structural engineering, without being licensed under | 10 |
| this Act. It is unlawful
for any business not subject to the | 11 |
| sole proprietorship exemption to offer or
provide structural | 12 |
| engineering services without active registration issued by
the | 13 |
| Department as a professional design firm or professional | 14 |
| service
corporation.
| 15 |
| (Source: P.A. 91-91, eff. 1-1-00.)
| 16 |
| (225 ILCS 340/20) (from Ch. 111, par. 6620)
| 17 |
| (Section scheduled to be repealed on January 1, 2010)
| 18 |
| Sec. 20. Refusal; revocation; suspension. | 19 |
| (a) The Department may refuse to issue or renew, or may | 20 |
| revoke a license, or may suspend, place on probation, fine, or | 21 |
| take any disciplinary or non-disciplinary action as the | 22 |
| Department may deem proper, including a fine not to exceed | 23 |
| $10,000 for each violation, with regard to any licensee for any | 24 |
| one or combination of the following reasons: The Department | 25 |
| may, singularly or in combination, refuse to
issue, renew, or |
|
|
|
09600SB0122ham001 |
- 66 - |
LRB096 02999 ASK 26845 a |
|
| 1 |
| restore, or may
suspend or revoke any license or certificate of | 2 |
| registration, or may place on
probation, reprimand, or fine, | 3 |
| with a civil penalty not to exceed $10,000 for
each violation, | 4 |
| any person, corporation, partnership, or professional design
| 5 |
| firm registered or licensed under this Act for any of the | 6 |
| following reasons:
| 7 |
| (1) Material misstatement in furnishing information to | 8 |
| the Department;
| 9 |
| (2) Negligence, incompetence or misconduct in the | 10 |
| practice of
structural engineering;
| 11 |
| (3) Making any misrepresentation for the purpose of | 12 |
| obtaining licensure;
| 13 |
| (4) The affixing of a licensed structural engineer's | 14 |
| seal to any plans,
specifications or drawings which have | 15 |
| not been prepared by or under the
immediate personal | 16 |
| supervision of that licensed structural engineer or
| 17 |
| reviewed as provided in this Act;
| 18 |
| (5) Conviction of, or entry of a plea of guilty or nolo | 19 |
| contendere to, any crime that is a felony under the laws of | 20 |
| the United States or of any state or territory thereof, or | 21 |
| that is a misdemeanor an essential element of which is | 22 |
| dishonesty, or any crime that is directly related to the | 23 |
| practice of the profession. Conviction of any crime under | 24 |
| the laws of the United States, or any
state or territory | 25 |
| thereof, which is a felony, whether related to the
practice | 26 |
| of Structural Engineering or not, or conviction of any |
|
|
|
09600SB0122ham001 |
- 67 - |
LRB096 02999 ASK 26845 a |
|
| 1 |
| crime,
whether a felony, misdemeanor, or otherwise, an | 2 |
| essential element of which
is dishonesty, or which is | 3 |
| directly related to the practice of structural
| 4 |
| engineering ;
| 5 |
| (6) Making a statement of compliance pursuant to the | 6 |
| Environmental
Barriers Act, as now or hereafter amended, | 7 |
| that a plan for construction or
alteration of a public | 8 |
| facility or for construction of a multi-story
housing unit | 9 |
| is in compliance with the Environmental Barriers Act when | 10 |
| such
plan is not in compliance;
| 11 |
| (7) Failure to comply with any of the provisions of | 12 |
| this Act or its rules;
| 13 |
| (8) Aiding or assisting another person in violating any | 14 |
| provision of
this Act or its rules;
| 15 |
| (9) Engaging in dishonorable, unethical or | 16 |
| unprofessional conduct of a
character likely to deceive, | 17 |
| defraud or harm the public, as defined by
rule;
| 18 |
| (10) Habitual or excessive use or addiction to alcohol, | 19 |
| narcotics, stimulants, or any other chemical agent or drug | 20 |
| that results in the inability to practice with reasonable | 21 |
| judgment, skill, or safety Habitual intoxication or | 22 |
| addiction to the use of drugs ;
| 23 |
| (11) Failure of A finding by the Board that an | 24 |
| applicant or licensee has failed
to pay
a fine imposed by | 25 |
| the Department or a licensee whose license has been
placed | 26 |
| on probationary status has violated the terms of probation;
|
|
|
|
09600SB0122ham001 |
- 68 - |
LRB096 02999 ASK 26845 a |
|
| 1 |
| (12) Discipline by another state, territory, foreign | 2 |
| country, the
District of Columbia, the United States | 3 |
| government, or any other
governmental agency, if at least | 4 |
| one of the grounds for discipline is the
same or | 5 |
| substantially equivalent to those set forth in this | 6 |
| Section;
| 7 |
| (13) Failure to provide information in response to a | 8 |
| written request
made by the Department within 30 days after | 9 |
| the receipt of such written
request; or
| 10 |
| (14) Physical illness, including but not limited to, | 11 |
| deterioration through the aging process or loss of motor | 12 |
| skill, mental illness, or disability which results in the | 13 |
| inability to practice the
profession of structural | 14 |
| engineering with reasonable judgment, skill , or
safety . ; | 15 |
| or
| 16 |
| (a-5) In enforcing this Section, the Department or Board, | 17 |
| upon a showing of a possible violation, may order a licensee or | 18 |
| applicant to submit to a mental or physical examination, or | 19 |
| both, at the expense of the Department. The Department or Board | 20 |
| may order the examining physician to present testimony | 21 |
| concerning his or her examination of the licensee or applicant. | 22 |
| No information shall be excluded by reason of any common law or | 23 |
| statutory privilege relating to communications between the | 24 |
| licensee or applicant and the examining physician. The | 25 |
| examining physicians shall be specifically designated by the | 26 |
| Board or Department. The licensee or applicant may have, at his |
|
|
|
09600SB0122ham001 |
- 69 - |
LRB096 02999 ASK 26845 a |
|
| 1 |
| or her own expense, another physician of his or her choice | 2 |
| present during all aspects of the examination. Failure of a | 3 |
| licensee or applicant to submit to any such examination when | 4 |
| directed, without reasonable cause as defined by rule, shall be | 5 |
| grounds for either the immediate suspension of his or her | 6 |
| license or immediate denial of his or her application. | 7 |
| If the Secretary immediately suspends the license of a | 8 |
| licensee for his or her failure to submit to a mental or | 9 |
| physical examination when directed, a hearing must be convened | 10 |
| by the Department within 15 days after the suspension and | 11 |
| completed without appreciable delay. | 12 |
| If the Secretary otherwise suspends a license pursuant to | 13 |
| the results of the licensee's mental or physical examination, a | 14 |
| hearing must be convened by the Department within 15 days after | 15 |
| the suspension and completed without appreciable delay. The | 16 |
| Department and Board shall have the authority to review the | 17 |
| licensee's record of treatment and counseling regarding the | 18 |
| relevant impairment or impairments to the extent permitted by | 19 |
| applicable federal statutes and regulations safeguarding the | 20 |
| confidentiality of medical records. | 21 |
| Any licensee suspended under this subsection (a-5) shall be | 22 |
| afforded an opportunity to demonstrate to the Department or | 23 |
| Board that he or she can resume practice in compliance with the | 24 |
| acceptable and prevailing standards under the provisions of his | 25 |
| or her license. In enforcing this Section, the Board upon a | 26 |
| showing of a possible
violation may compel a person licensed to |
|
|
|
09600SB0122ham001 |
- 70 - |
LRB096 02999 ASK 26845 a |
|
| 1 |
| practice under this Act, or who has
applied for licensure or | 2 |
| certification pursuant to this Act, to submit to a
mental or | 3 |
| physical examination, or both, as required by and at the | 4 |
| expense of
the Department. The examining physicians shall be | 5 |
| those specifically
designated by the Board. The Board or the | 6 |
| Department may order the examining
physician to present | 7 |
| testimony concerning this mental or physical examination
of the | 8 |
| licensee or applicant. No information shall be excluded by | 9 |
| reason of
any common law or statutory privilege relating to | 10 |
| communications between the
licensee or applicant and the | 11 |
| examining physician. The person to be examined
may have, at his | 12 |
| or her own expense, another physician of his or her choice
| 13 |
| present during all aspects of the examination. Failure of any | 14 |
| person to submit
to a mental or physical examination, when | 15 |
| directed, shall be grounds for
suspension of a license until | 16 |
| the person submits to the examination if the
Board
finds, after | 17 |
| notice and hearing, that the refusal to submit to the | 18 |
| examination
was without reasonable cause.
| 19 |
| If the Board finds a person unable to practice because of | 20 |
| the reasons set
forth in this Section, the Board may require | 21 |
| that person to submit to care,
counseling, or treatment by | 22 |
| physicians approved or designated by the Board as
a condition, | 23 |
| term, or restriction for continued, reinstated, or renewed
| 24 |
| licensure to practice; or, in lieu of care, counseling, or | 25 |
| treatment, the Board
may recommend to the Department to file a | 26 |
| complaint to immediately suspend,
revoke, or otherwise |
|
|
|
09600SB0122ham001 |
- 71 - |
LRB096 02999 ASK 26845 a |
|
| 1 |
| discipline the license of the person. Any person whose
license | 2 |
| was granted, continued, reinstated, renewed, disciplined, or | 3 |
| supervised
subject to such terms, conditions, or restrictions | 4 |
| and who fails to comply
with such terms, conditions, or | 5 |
| restrictions shall be referred to the Director
for a | 6 |
| determination as to whether the person shall have his or her | 7 |
| license
suspended immediately, pending a hearing by the Board.
| 8 |
| (b) The determination by a circuit court that a licensee is | 9 |
| subject to
involuntary admission or judicial admission, as | 10 |
| provided in the Mental
Health and Developmental Disabilities | 11 |
| Code, operates as an automatic
suspension. Such suspension will | 12 |
| end only upon a finding by a court that
the patient is no | 13 |
| longer subject to involuntary admission or judicial
admission, | 14 |
| the issuance of an order so finding and discharging the | 15 |
| patient,
and the recommendation of the Board to the Secretary | 16 |
| Director that
the licensee be allowed to resume practice.
| 17 |
| (c) The Department shall deny a license or renewal | 18 |
| authorized by this Act to a person who has defaulted on an | 19 |
| educational loan or scholarship provided or guaranteed by the | 20 |
| Illinois Student Assistance Commission or any governmental | 21 |
| agency of this State in accordance with subdivision (a)(5) of | 22 |
| Section 15 of the Department of Professional Regulation Law of | 23 |
| the Civil Administrative Code of Illinois. | 24 |
| (d) In cases where the Department of Healthcare and Family | 25 |
| Services (formerly the Department of Public Aid) has previously | 26 |
| determined that a licensee or a potential licensee is more than |
|
|
|
09600SB0122ham001 |
- 72 - |
LRB096 02999 ASK 26845 a |
|
| 1 |
| 30 days delinquent in the payment of child support and has | 2 |
| subsequently certified the delinquency to the Department, the | 3 |
| Department shall refuse to issue or renew or shall revoke or | 4 |
| suspend that person's license or shall take other disciplinary | 5 |
| action against that person based solely upon the certification | 6 |
| of delinquency made by the Department of Healthcare and Family | 7 |
| Services in accordance with subdivision (a)(5) of Section 15 of | 8 |
| the Department of Professional Regulation Law of the Civil | 9 |
| Administrative Code of Illinois. | 10 |
| (e) The Department shall deny a license or renewal | 11 |
| authorized by this Act to a person who has failed to file a | 12 |
| return, to pay the tax, penalty, or interest shown in a filed | 13 |
| return, or to pay any final assessment of tax, penalty, or | 14 |
| interest as required by any tax Act administered by the | 15 |
| Department of Revenue, until such time as the requirements of | 16 |
| the tax Act are satisfied in accordance with subsection (g) of | 17 |
| Section 15 of the Department of Professional Regulation Law of | 18 |
| the Civil Administrative Code of Illinois. | 19 |
| The Department may refuse to issue, or may suspend, the | 20 |
| license of any
person who fails to file a return, or to pay the | 21 |
| tax, penalty or interest
shown in a filed return, or to pay any | 22 |
| final assessment of tax, penalty or
interest, as required by | 23 |
| any tax Act administered by the Illinois
Department of Revenue, | 24 |
| until such time as the requirements of such tax Act
are | 25 |
| satisfied.
| 26 |
| (f) Persons who assist the Department as consultants or |
|
|
|
09600SB0122ham001 |
- 73 - |
LRB096 02999 ASK 26845 a |
|
| 1 |
| expert witnesses in
the investigation or prosecution of alleged | 2 |
| violations of the Act,
licensure matters, restoration | 3 |
| proceedings, or criminal prosecutions, are
not liable for | 4 |
| damages in any civil action or proceeding as a result of
such | 5 |
| assistance, except upon proof of actual malice. The Attorney | 6 |
| General
of the State of Illinois shall defend such persons in | 7 |
| any such action or
proceeding.
| 8 |
| (Source: P.A. 91-91, eff. 1-1-00.)
| 9 |
| (225 ILCS 340/20.5)
| 10 |
| (Section scheduled to be repealed on January 1, 2010)
| 11 |
| Sec. 20.5. Unlicensed practice; violation; civil penalty.
| 12 |
| (a) Any person who practices, offers to practice, attempts | 13 |
| to practice, or
holds oneself out to practice structural | 14 |
| engineering without being licensed
under this Act shall, in
| 15 |
| addition to any other penalty provided by law, pay a civil | 16 |
| penalty to the
Department in an amount not to exceed $10,000 | 17 |
| $5,000 for each offense as determined by
the Department. The | 18 |
| civil penalty shall be assessed by the Department after a
| 19 |
| hearing is held in accordance with the provisions set forth in | 20 |
| this Act
regarding the provision of a hearing for the | 21 |
| discipline of a licensee.
| 22 |
| (b) The Department has the authority and power to | 23 |
| investigate any and all
unlicensed activity.
| 24 |
| (c) The civil penalty shall be paid within 60 days after | 25 |
| the effective date
of the order imposing the civil penalty. The |
|
|
|
09600SB0122ham001 |
- 74 - |
LRB096 02999 ASK 26845 a |
|
| 1 |
| order shall constitute a judgment
and may be filed and | 2 |
| execution had thereon in the same manner as any judgment
from | 3 |
| any court of record.
| 4 |
| (Source: P.A. 89-474, eff. 6-18-96.)
| 5 |
| (225 ILCS 340/21) (from Ch. 111, par. 6621)
| 6 |
| (Section scheduled to be repealed on January 1, 2010)
| 7 |
| Sec. 21.
(a) If any person violates a provision of this | 8 |
| Act, the
Secretary Director may, in the name of the People of | 9 |
| the State of Illinois, through
the Attorney General of the | 10 |
| State of Illinois, petition for an order
enjoining such | 11 |
| violation or for an order enforcing compliance with this
Act. | 12 |
| Upon the filing of a verified petition in such court, the court | 13 |
| may
issue a temporary restraining order, without notice or | 14 |
| bond, and may
preliminarily and permanently enjoin such | 15 |
| violation. If it is established
that such person has violated | 16 |
| or is violating the injunction, the Court may
punish the | 17 |
| offender for contempt of court. Proceedings under this Section
| 18 |
| are in addition to, and not in lieu of, all other remedies and | 19 |
| penalties
provided by this Act.
| 20 |
| (b) If any person practices as a licensed structural | 21 |
| engineer or holds
himself out as a structural engineer without | 22 |
| being licensed under the
provisions of this Act, then any | 23 |
| licensed structural engineer, any
interested party or any | 24 |
| person injured thereby may, in addition to the
Secretary | 25 |
| Director , petition for relief as provided in subsection (a) of |
|
|
|
09600SB0122ham001 |
- 75 - |
LRB096 02999 ASK 26845 a |
|
| 1 |
| this Section.
| 2 |
| (c) Whenever in the opinion of the Department any person | 3 |
| violates any
provision of this Act, the Department may issue a | 4 |
| rule to show cause why an
order to cease and desist should not | 5 |
| be entered against that person. The
rule shall clearly set | 6 |
| forth the grounds relied upon by the Department and
shall | 7 |
| provide a period of 7 days from the date of the rule to file an
| 8 |
| answer to the satisfaction of the Department. Failure to answer | 9 |
| to the
satisfaction of the Department shall cause an order to | 10 |
| cease and desist to
be issued immediately.
| 11 |
| (Source: P.A. 86-711.)
| 12 |
| (225 ILCS 340/22) (from Ch. 111, par. 6622)
| 13 |
| (Section scheduled to be repealed on January 1, 2010)
| 14 |
| Sec. 22. Investigation; notice. The Department may | 15 |
| investigate the actions
of any applicant or any person or | 16 |
| entity holding or claiming to hold a license
or registration or | 17 |
| any person or entity practicing, or offering to practice
| 18 |
| structural engineering. Before the initiation of an | 19 |
| investigation the matter
shall be reviewed by a subcommittee of | 20 |
| the Board according to procedures
established by rule for the | 21 |
| Complaint Committee. The Department shall, before
refusing to | 22 |
| issue, restore or renew a license or registration, or | 23 |
| discipline a
licensee or registrant, at least 30 days prior to | 24 |
| the date set for the
hearing, notify in writing the applicant | 25 |
| for, or holder of, a license or
registration of the nature of |
|
|
|
09600SB0122ham001 |
- 76 - |
LRB096 02999 ASK 26845 a |
|
| 1 |
| the charges and that a hearing will be held on
the date | 2 |
| designated. The Department shall direct the applicant or | 3 |
| licensee or
registrant or entity to file a written answer to | 4 |
| the Board under oath within 20
days after the service of the | 5 |
| notice and inform the applicant or licensee or
registrant or | 6 |
| entity that failure to file an answer will result in default
| 7 |
| being taken against the applicant or entity or licensee or | 8 |
| registrant and that
the license or certificate may be | 9 |
| suspended, revoked, placed on probationary
status, or other | 10 |
| disciplinary action may be taken, including limiting the
scope, | 11 |
| nature or extent of practice, as the Secretary Director may | 12 |
| deem proper. Written
notice may be served by personal delivery | 13 |
| or certified or registered mail to
the respondent at the | 14 |
| address of record his last notification to the Department .
In | 15 |
| case the person or entity fails to file an answer after | 16 |
| receiving notice,
his or her license or certificate may, in the | 17 |
| discretion of the Department, be
suspended, revoked, or placed | 18 |
| on probationary status, or the Department may
take whatever | 19 |
| disciplinary action deemed proper, including limiting the
| 20 |
| scope, nature, or extent of the practice or the imposition of a | 21 |
| fine, without a
hearing, if the act or acts charged constitute | 22 |
| sufficient grounds for such
action under this Act. At the time | 23 |
| and place fixed in the notice,
the Board shall proceed to hear | 24 |
| the charges and the parties or their
counsel shall be accorded | 25 |
| ample opportunity to present such statements,
testimony, | 26 |
| evidence and argument as may be pertinent to the charges or
|
|
|
|
09600SB0122ham001 |
- 77 - |
LRB096 02999 ASK 26845 a |
|
| 1 |
| their defense. The Board may continue a hearing from time to | 2 |
| time.
| 3 |
| (Source: P.A. 87-1031; 88-428.)
| 4 |
| (225 ILCS 340/23) (from Ch. 111, par. 6623)
| 5 |
| (Section scheduled to be repealed on January 1, 2010)
| 6 |
| Sec. 23. Record; transcript. The Department, at its | 7 |
| expense, shall
preserve a record of
all proceedings at the | 8 |
| formal hearing of any case involving the refusal to
issue, | 9 |
| restore or renew a license or the discipline of a licensee . The
| 10 |
| notice of hearing, complaint and all other documents in the | 11 |
| nature of
pleadings and written motions filed in the | 12 |
| proceedings, the transcript of
testimony, the report of the | 13 |
| Board and the orders of the Department shall
be the record of | 14 |
| the proceedings. The Department shall furnish a
transcript of | 15 |
| the record to any person interested in the hearing
upon
payment | 16 |
| of the fee required under Section 2105-115 of the
Department of | 17 |
| Professional Regulation Law (20 ILCS 2105/2105-115).
| 18 |
| (Source: P.A. 91-239, eff. 1-1-00.)
| 19 |
| (225 ILCS 340/24) (from Ch. 111, par. 6624)
| 20 |
| (Section scheduled to be repealed on January 1, 2010)
| 21 |
| Sec. 24. Subpoenas; depositions; oaths. The Department has | 22 |
| the power to subpoena documents, books, records or other | 23 |
| materials and to bring before it any person and to take | 24 |
| testimony either orally or by deposition, or take written |
|
|
|
09600SB0122ham001 |
- 78 - |
LRB096 02999 ASK 26845 a |
|
| 1 |
| interrogatories, or any combination thereof, with the same fees | 2 |
| and mileage and in the same manner as is prescribed in civil | 3 |
| cases in the courts of this State. The Department has power to | 4 |
| subpoena and bring
before it any person in this State and to | 5 |
| take testimony either orally
or by deposition, or both, with | 6 |
| the same fees and mileage and in the
same manner as prescribed | 7 |
| by law in judicial proceedings
in civil cases in circuit courts | 8 |
| of this State.
| 9 |
| The Secretary, the designated hearing officer Director , | 10 |
| and any member of the Board designated by the Director
shall | 11 |
| each have the power to administer oaths to witnesses at any | 12 |
| hearing which
the Department is authorized by law to conduct, | 13 |
| and any other oaths
required or authorized in any Act | 14 |
| administered by the Department.
| 15 |
| (Source: P.A. 86-711.)
| 16 |
| (225 ILCS 340/26) (from Ch. 111, par. 6626)
| 17 |
| (Section scheduled to be repealed on January 1, 2010)
| 18 |
| Sec. 26. At the conclusion of the hearing, the The Board | 19 |
| shall present to the Secretary Director its written report
of | 20 |
| its findings and recommendations. A copy of the report shall be | 21 |
| served
upon the accused person, either personally or to the | 22 |
| address of record by certified or registered mail .
The Board | 23 |
| may take into consideration in making its recommendations for
| 24 |
| discipline all facts and circumstances bearing upon the | 25 |
| reasonableness of
the conduct of the respondent and the |
|
|
|
09600SB0122ham001 |
- 79 - |
LRB096 02999 ASK 26845 a |
|
| 1 |
| potential for future harm to the
public, including but not | 2 |
| limited to previous discipline by the Department,
intent, | 3 |
| degree of harm to the public and likelihood of harm in the | 4 |
| future,
any restitution made, and whether the incident or | 5 |
| incidents complained of
appear to be isolated or a pattern of | 6 |
| conduct. In making its
recommendations for discipline, the | 7 |
| Board shall endeavor to ensure that the
severity of the | 8 |
| discipline recommended bears some reasonable relationship
to | 9 |
| the severity of the violation. Within 20
days after such | 10 |
| service, the accused person may present to the Department
a | 11 |
| motion in writing for a rehearing, which shall specify
the | 12 |
| particular grounds for rehearing. If the accused person orders | 13 |
| and pays
for a transcript of the record as provided in this | 14 |
| Section, the time
elapsing after payment and before the | 15 |
| transcript is ready for delivery
shall not be counted as part | 16 |
| of such 20 days. If no motion for rehearing
is filed, then upon | 17 |
| the expiration of the time specified for filing the
motion, or | 18 |
| if a motion for rehearing is denied, then upon such denial, the
| 19 |
| Secretary Director may enter an order in accordance with | 20 |
| recommendations of the Board
except as provided in Section 8 of | 21 |
| this Act .
| 22 |
| Whenever the Secretary Director is not satisfied that | 23 |
| substantial justice has been
done, he may order a rehearing by | 24 |
| the same or another special board.
At the expiration of the | 25 |
| time specified for filing a motion for a
rehearing, the | 26 |
| Secretary Director has the right to take the action recommended
|
|
|
|
09600SB0122ham001 |
- 80 - |
LRB096 02999 ASK 26845 a |
|
| 1 |
| by the Board. Upon the suspension or revocation of his license, | 2 |
| a
licensee shall be required to surrender his license to the | 3 |
| Department, and
upon his failure or refusal to do so, the | 4 |
| Department shall have the right
to seize the same.
| 5 |
| (Source: P.A. 86-711.)
| 6 |
| (225 ILCS 340/27) (from Ch. 111, par. 6627)
| 7 |
| (Section scheduled to be repealed on January 1, 2010)
| 8 |
| Sec. 27.
Notwithstanding the provisions of Section 26 of | 9 |
| this Act,
the Secretary Director shall have the authority to | 10 |
| appoint any attorney duly licensed
to practice law in the State | 11 |
| of Illinois to serve as the hearing officer in
any action for | 12 |
| discipline of a licensee. The Director shall notify the
Board | 13 |
| of any such appointment. The hearing officer has full
authority | 14 |
| to conduct the hearing. The Board has the right to have
at | 15 |
| least one member present at any hearing conducted by such | 16 |
| hearing
officer. The hearing officer shall report his findings | 17 |
| of fact,
conclusions of law and recommendations to the Board | 18 |
| and the Secretary Director . The
Board shall have 60 days from | 19 |
| receipt of the report to review the report of
the hearing | 20 |
| officer and present their findings of fact, conclusions of law
| 21 |
| and recommendations to the Secretary Director . If the Board | 22 |
| fails to present its
report within the 60 day period, the | 23 |
| Secretary Director shall issue an order based
on the report of | 24 |
| the hearing officer. If the Secretary Director disagrees in any
| 25 |
| regard with the report of the Board or hearing officer, he may |
|
|
|
09600SB0122ham001 |
- 81 - |
LRB096 02999 ASK 26845 a |
|
| 1 |
| issue an
order in contravention thereof. The Secretary Director | 2 |
| shall notify provide a written
explanation to the Board on any | 3 |
| such deviation , and shall specify with
particularity the | 4 |
| reasons for such action in the final order .
| 5 |
| (Source: P.A. 86-711.)
| 6 |
| (225 ILCS 340/28) (from Ch. 111, par. 6628)
| 7 |
| (Section scheduled to be repealed on January 1, 2010)
| 8 |
| Sec. 28. Order or certified copy; prima facie proof. An | 9 |
| order or a
certified copy thereof, over the seal of the | 10 |
| Department and purporting to be
signed by the Secretary | 11 |
| Director , shall be prima facie proof that:
| 12 |
| 1. the signature is the genuine signature of the
| 13 |
| Secretary Director ;
| 14 |
| 2. the Secretary Director is duly appointed and | 15 |
| qualified;
and
| 16 |
| 3. the Board and the members thereof are qualified to | 17 |
| act.
| 18 |
| Such proof may be rebutted.
| 19 |
| (Source: P.A. 91-357, eff. 7-29-99.)
| 20 |
| (225 ILCS 340/31) (from Ch. 111, par. 6631)
| 21 |
| (Section scheduled to be repealed on January 1, 2010)
| 22 |
| Sec. 31.
The Secretary Director may temporarily suspend the | 23 |
| license of a
structural engineer without a hearing, | 24 |
| simultaneously with the institution
of proceedings for a |
|
|
|
09600SB0122ham001 |
- 82 - |
LRB096 02999 ASK 26845 a |
|
| 1 |
| hearing provided for in Section 22 of this Act, if
the | 2 |
| Secretary Director finds that evidence in his possession | 3 |
| indicates that a
structural engineer's continuation in | 4 |
| practice would constitute an imminent
danger to the public. In | 5 |
| the event that the Secretary Director temporarily suspends
the | 6 |
| license of a structural engineer without a hearing, a
hearing | 7 |
| by the Board must be commenced within 30 days after such
| 8 |
| suspension has occurred.
| 9 |
| (Source: P.A. 86-711.)
| 10 |
| (225 ILCS 305/15 rep.)
| 11 |
| Section 20. The Illinois Architecture Practice Act of 1989 | 12 |
| is amended by repealing Section 15.
| 13 |
| (225 ILCS 340/13 rep.)
| 14 |
| Section 25. The Structural Engineering Practice Act of 1989 | 15 |
| is amended by repealing Section 13.
| 16 |
| Section 99. Effective date. This Act takes effect upon | 17 |
| becoming law.".
|
|