Illinois General Assembly - Full Text of SB0749
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Full Text of SB0749  99th General Assembly

SB0749sam001 99TH GENERAL ASSEMBLY

Sen. Iris Y. Martinez

Filed: 3/9/2015

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 749

2    AMENDMENT NO. ______. Amend Senate Bill 749 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Regulatory Sunset Act is amended by
5changing Section 4.26 and by adding Section 4.36 as follows:
 
6    (5 ILCS 80/4.26)
7    Sec. 4.26. Acts repealed on January 1, 2016. The following
8Acts are repealed on January 1, 2016:
9    The Illinois Athletic Trainers Practice Act.
10    The Illinois Roofing Industry Licensing Act.
11    The Illinois Dental Practice Act.
12    The Collection Agency Act.
13    The Barber, Cosmetology, Esthetics, Hair Braiding, and
14Nail Technology Act of 1985.
15    The Respiratory Care Practice Act.
16    The Hearing Instrument Consumer Protection Act.

 

 

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1    The Illinois Physical Therapy Act.
2    The Professional Geologist Licensing Act.
3(Source: P.A. 95-331, eff. 8-21-07; 95-876, eff. 8-21-08;
496-1246, eff. 1-1-11.)
 
5    (5 ILCS 80/4.36 new)
6    Sec. 4.36. Act repealed on January 1, 2026. The following
7Act is repealed on January 1, 2026:
8    The Professional Geologist Licensing Act.
 
9    Section 10. The Professional Geologist Licensing Act is
10amended by changing Sections 15, 25, 30, 35, 50, 60, 65, 75,
1180, 90, 95, 100, 110, 120, 125, 130, 135, 145, 155, 162, 165,
12and 170 and by adding Section 180 as follows:
 
13    (225 ILCS 745/15)
14    (Section scheduled to be repealed on January 1, 2016)
15    Sec. 15. Definitions. In this Act:
16    "Address of record" means the designated address recorded
17by the Department in the applicant's application file or the
18licensee's license file, as maintained by the Department's
19licensure maintenance unit.
20    "Board" means the Board of Licensing for Professional
21Geologists.
22    "Department" means the Department of Financial and
23Professional Regulation.

 

 

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1    "Geologist" means an individual who, by reason of his or
2her knowledge of geology, mathematics, and the physical and
3life sciences, acquired by education and practical experience
4as defined by this Act, is capable of practicing the science of
5geology.
6    "Geology" means the science that includes the treatment of
7the earth and its origin and history including, but not limited
8to, (i) the investigation of the earth's crust and interior and
9the solids and fluids, including all surface and underground
10waters, gases, and other materials that compose the earth as
11they may relate to geologic processes; (ii) the study of the
12natural agents, forces, and processes that cause changes in the
13earth; and (iii) the utilization of this knowledge of the earth
14and its solids, fluids, and gases, and their collective
15properties and processes, for the benefit of humankind.
16    "Person" or "individual" means a natural person.
17    "Practice of professional geology" means the performance
18of, or the offer to perform, the services of a geologist,
19including consultation, investigation, evaluation, planning,
20mapping, inspection of geologic work, and other services that
21require extensive knowledge of geologic laws, formulas,
22principles, practice, and methods of data interpretation.
23    A person shall be construed to practice or offer to
24practice professional geology, within the meaning and intent of
25this Act, if that person (i) by verbal claim, sign,
26advertisement, letterhead, card, or any other means,

 

 

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1represents himself or herself to be a Licensed Professional
2Geologist or through the use of some title implies that he or
3she is a Licensed Professional Geologist or is licensed under
4this Act or (ii) holds himself or herself out as able to
5perform or does perform services or work defined in this Act as
6the practice of professional geology.
7    Examples of the practice of professional geology include,
8but are not limited to, the conduct of, or responsible charge
9for, the following types of activities: (i) mapping, sampling,
10and analysis of earth materials, interpretation of data, and
11the preparation of oral or written testimony regarding the
12probable geological causes of events; (ii) planning, review,
13and supervision of data gathering activities, interpretation
14of geological data gathered by direct and indirect means,
15preparation and interpretation of geological maps,
16cross-sections, interpretive maps and reports for the purpose
17of determining regional or site specific geological
18conditions; (iii) the planning, review, and supervision of data
19gathering activities and interpretation of data on regional or
20site specific geological characteristics affecting
21groundwater; (iv) the interpretation of geological conditions
22on the surface of the Earth and at depth in the Earth for the
23purpose of determining whether those conditions correspond to a
24geologic map of the site or a legally specified geological
25requirement for the site; and (v) the conducting of
26environmental property audits.

 

 

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1    "Licensed Professional Geologist" means an individual who
2is licensed under this Act to engage in the practice of
3professional geology in Illinois.
4    "Responsible charge" means the independent control and
5direction, by use of initiative, skill, and independent
6judgment, of geological work or the supervision of that work.
7    "Secretary" means the Secretary of Financial and
8Professional Regulation.
9(Source: P.A. 96-666, eff. 8-25-09; 96-1327, eff. 7-27-10.)
 
10    (225 ILCS 745/25)
11    (Section scheduled to be repealed on January 1, 2016)
12    Sec. 25. Restrictions and limitations. No person shall,
13without a valid license issued by the Department (i) in any
14manner hold himself or herself out to the public as a Licensed
15Professional Geologist; (ii) attach the title "Licensed
16Professional Geologist" to his or her name; or (iii) render or
17offer to render to individuals, corporations, or public
18agencies services constituting the practice of professional
19geology.
20    Individuals practicing geology in Illinois as of the
21effective date of this amendatory Act of 1997 may continue to
22practice as provided in this Act until the Department has
23adopted rules implementing this Act. To continue practicing
24geology after the adoption of rules, individuals shall apply
25for licensure within 180 days after the effective date of the

 

 

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1rules. If an application is received during the 180-day period,
2the individual may continue to practice until the Department
3acts to grant or deny licensure. If an application is not filed
4within the 180-day period, the individual must cease the
5practice of geology at the conclusion of the 180-day period and
6until the Department acts to grant a license to the individual.
7(Source: P.A. 96-1327, eff. 7-27-10.)
 
8    (225 ILCS 745/30)
9    (Section scheduled to be repealed on January 1, 2016)
10    Sec. 30. Powers and duties of the Department. Subject to
11the provisions of this Act, the Department may:
12    (a) Authorize examinations to ascertain the qualifications
13and fitness of applicants for licensing as a Licensed
14Professional Geologist or as a Licensed Specialty Geologist, as
15defined by the Board, and pass upon the qualifications of
16applicants for licensure by endorsement.
17    (b) Conduct hearings on proceedings to refuse to issue or
18renew licenses or to revoke, licenses or suspend, place on
19probation, or reprimand, or take any other disciplinary or
20non-disciplinary action against licenses issued persons
21licensed under this Act, and to refuse to issue or renew or to
22revoke licenses, or suspend, place on probation, or reprimand
23persons licensed under this Act.
24    (c) Formulate rules required for the administration of this
25Act.

 

 

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1    (d) Obtain written recommendations from the Board
2regarding (i) definitions of curriculum content and approval of
3geological curricula, standards of professional conduct, and
4formal disciplinary actions and the formulation of rules
5affecting these matters and (ii) when petitioned by the
6applicant, opinions regarding the qualifications of applicants
7for licensing.
8    (e) Maintain rosters of the names and addresses of all
9licensees, and all persons whose licenses have been suspended,
10revoked, or denied renewal, or otherwise disciplined for cause
11within the previous calendar year. These rosters shall be
12available upon written request and payment of the required fee.
13(Source: P.A. 96-1327, eff. 7-27-10.)
 
14    (225 ILCS 745/35)
15    (Section scheduled to be repealed on January 1, 2016)
16    Sec. 35. Board of Licensing for Professional Geologists;
17members; qualifications; duties.
18    (a) The Secretary Director shall appoint a Board of
19Licensing for Professional Geologists which shall serve in an
20advisory capacity to the Secretary Director. The Board shall be
21composed of 8 persons, 7 of whom shall be voting members
22appointed by the Secretary Director, who shall give due
23consideration to recommendations by members of the profession
24of geology and of geology organizations within the State. In
25addition, the State Geologist or his or her designated

 

 

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1representative, shall be an advisory, non-voting member of the
2Board.
3    (b) Insofar as possible, the geologists appointed to serve
4on the Board shall be generally representative of the
5occupational and geographical distribution of geologists
6within this State.
7    (c) Of the 7 appointed voting members of the Board, 6 shall
8be geologists and one shall be a member of the general public
9with no family or business connection with the practice of
10geology.
11    (d) Each of the first appointed geologist members of the
12Board shall have at least 10 years of active geological
13experience and shall possess the education and experience
14required for licensure. Each subsequently appointed geologist
15member of the Board shall be a Licensed Professional Geologist
16licensed under this Act with at least 10 years of experience.
17    (e) Voting members shall be appointed to 4-year terms.
18Partial terms of over 2 years in length shall be considered
19full terms. Of the initial appointments, the Director shall
20appoint 3 voting members for a term of 4 years, 2 voting
21members for a term of 3 years, and 2 voting members for a term
22of 2 years. Thereafter, voting members shall be appointed for
234-year terms. Terms shall commence on the 3rd Monday in
24January.
25    (f) Members shall hold office until the expiration of their
26terms or until their successors have been appointed and have

 

 

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1qualified.
2    (g) No voting member of the Board shall serve more than 2
3consecutive full terms.
4    (h) Vacancies in the membership of the Board shall be
5filled by appointment for the remainder of the unexpired term.
6    (i) The Secretary Director may remove or suspend any
7appointed member of the Board for cause at any time before the
8expiration of his or her term. The Secretary shall be the sole
9arbiter of cause.
10    (j) The Board shall annually elect one of its members as
11chairperson and one of its members as vice-chair.
12    (k) The members of the Board shall be reimbursed for all
13legitimate and necessary expenses authorized by the Department
14incurred in attending the meetings of the Board.
15    (l) The Board may make recommendations to the Secretary
16Director to establish the examinations and their method of
17grading.
18    (m) The Board may submit written recommendations to the
19Secretary Director concerning formulation of rules and a Code
20of Professional Conduct and Ethics. The Board may recommend or
21endorse revisions and amendments to the Code and to the rules
22from time to time.
23    (n) The Board may make recommendations on matters relating
24to continuing education of Licensed Professional Geologists,
25including the number of hours necessary for license renewal,
26waivers for those unable to meet that requirement, and

 

 

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1acceptable course content. These recommendations shall not
2impose an undue burden on the Department or an unreasonable
3restriction on those seeking a license renewal.
4    (o) Four voting Board members constitutes a quorum. A
5quorum is required for all Board decisions.
6(Source: P.A. 96-666, eff. 8-25-09; 96-1327, eff. 7-27-10.)
 
7    (225 ILCS 745/50)
8    (Section scheduled to be repealed on January 1, 2016)
9    Sec. 50. Qualifications for licensure.
10    (a) The Department may issue a license to practice as a
11Licensed Professional Geologist to any applicant who meets the
12following qualifications:
13        (1) The applicant has completed an application form and
14    paid the required fees.
15        (2) The applicant is of good ethical character,
16    including compliance with the Code of Professional Conduct
17    and Ethics under this Act, and has not committed any act or
18    offense in any jurisdiction that would constitute the basis
19    for disciplining a Licensed Professional Geologist under
20    this Act.
21        (3) The applicant has earned a degree in geology from
22    an accredited college or university, as established by
23    rule, with a minimum of 30 semester or 45 quarter hours of
24    course credits in geology, of which 24 semester or 36
25    quarter hours are in upper level courses. The Department

 

 

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1    may, upon the recommendation of the Board, allow the
2    substitution of appropriate experience as a geologist for
3    prescribed educational requirements as established by
4    rule.
5        (4) The applicant has a documented record of a minimum
6    of 4 years of professional experience, obtained after
7    completion of the education requirements specified in this
8    Section, in geologic or directly related work,
9    demonstrating that the applicant is qualified to assume
10    responsible charge of such work upon licensure as a
11    Licensed Professional Geologist or such specialty of
12    professional geology that the Board may recommend and the
13    Department may recognize. The Department may require
14    evidence acceptable to it that up to 2 years of
15    professional experience have been gained under the
16    supervision of a person licensed under this Act or similar
17    Acts in any other state, or under the supervision of others
18    who, in the opinion of the Department, are qualified to
19    have responsible charge of geological work under this Act.
20        (5) The applicant has passed an examination authorized
21    by the Department for practice as a Licensed Professional
22    Geologist.
23        (6) The applicant has complied with all other
24    requirements of this Act and rules established for the
25    implementation of this Act.
26    (b) A license to practice as a Licensed Professional

 

 

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1Geologist shall not be denied any applicant because of the
2applicant's race, religion, creed, national origin, political
3beliefs or activities, age, sex, sexual orientation, or
4physical impairment.
5    (c) The Department may establish by rule an intern process
6to, in part, allow (1) a graduate who has earned a degree in
7geology from an accredited college or university in accordance
8with this Act or (2) a student in a degree program at an
9accredited college or university who has completed the
10necessary course requirements established in this Section to
11request to take one or both parts of the examination required
12by the Department without first submitting a formal application
13to the Department for licensure as a Licensed Professional
14Geologist. The Department may set by rule the criteria for the
15intern process, including, but not limited to, the educational
16requirements, exam requirements, experience requirements,
17remediation requirements, and any fees or applications
18required for the process. The Department may also set by rule
19provisions concerning disciplinary guidelines and the use of
20the title "intern" or "trainee" by a graduate or student who
21has passed the required examination.
22(Source: P.A. 96-666, eff. 8-25-09; 96-1327, eff. 7-27-10.)
 
23    (225 ILCS 745/60)
24    (Section scheduled to be repealed on January 1, 2016)
25    Sec. 60. Seals.

 

 

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1    (a) Upon licensure, each licensee shall obtain a seal of a
2design as required by rule bearing the licensee's name, license
3number, and the legend "Licensed Professional Geologist".
4    (b) All preliminary, draft, and final geologic reports,
5documents, permits, affidavits, maps, boring logs, cross
6sections, or other records offered to the public and prepared
7or issued by or under the supervision of a Licensed
8Professional Geologist shall include the full name, signature,
9and license number of the licensee, and the date of license
10expiration of the person who prepared the document or under
11whose supervision it was prepared, and an impression of the
12licensee's seal, in accordance with rules issued by the
13Department.
14    (c) The Licensed Professional Geologist who has contract
15responsibility shall seal a cover sheet of the professional
16work products and those individual portions of the professional
17work products for which the Licensed Professional Geologist is
18legally and professionally responsible. A Licensed
19Professional Geologist practicing as the support professional
20shall seal those individual portions of professional work
21products for which that Licensed Professional Geologist is
22legally and professionally responsible.
23    (d) The use of a Licensed Professional Geologist's licensed
24professional geologist's seal on professional work products
25constitutes a representation that the work prepared by or under
26the personal supervision of that Licensed Professional

 

 

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1Geologist has been prepared and administered in accordance with
2the standards of reasonable professional skill and diligence.
3    (e) It is unlawful to affix one's seal to professional work
4products if doing so it masks the true identity of the person
5who actually exercised direction, supervision, and responsible
6charge of the preparation of that work. A Licensed Professional
7Geologist who signs and seals professional work products is not
8responsible for damage caused by subsequent changes to or uses
9of those professional work products, if the subsequent changes
10or uses, including changes or uses made by State or local
11government agencies, are not authorized or approved by the
12Licensed Professional Geologist who originally signed and
13sealed the professional work products.
14(Source: P.A. 96-1327, eff. 7-27-10.)
 
15    (225 ILCS 745/65)
16    (Section scheduled to be repealed on January 1, 2016)
17    Sec. 65. Expiration and renewal of license. The expiration
18date and renewal period for each license shall be set by rule.
19A Licensed Professional Geologist whose license has expired may
20reinstate his or her license or enrollment at any time within 5
21years after the expiration thereof, by making a renewal
22application and by paying the required fee. However, any
23Licensed Professional Geologist whose license expired while he
24or she was (i) on active duty with the Armed Forces of the
25United States or called into service or training by the State

 

 

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1militia or (ii) in training or education under the supervision
2of the United States preliminary to induction into the military
3service, may have his or her Licensed Professional Geologist
4license renewed, reinstated, or restored without paying any
5lapsed renewal fees if within 2 years after termination of the
6service, training, or education the Licensed Professional
7Geologist furnishes to the Department with satisfactory
8evidence of the service, training, or education and that it has
9been terminated under honorable conditions.
10    Any professional geologist whose Licensed Professional
11Geologist whose license has expired for more than 5 years may
12have it restored by making application to the Department,
13paying the required fee, and filing acceptable proof of fitness
14to have the license restored. The proof may include sworn
15evidence certifying active practice in another jurisdiction.
16If the geologist has not practiced for 5 years or more, the
17Board shall determine by an evaluation program established by
18rule, whether that individual is fit to resume active status as
19a Licensed Professional Geologist. The Board may require the
20geologist to complete a period of evaluated professional
21experience and may require successful completion of an
22examination.
23    The Department may refuse to issue or may suspend the
24license of any person who fails to file a tax return, or to pay
25the tax, penalty, or interest shown in a filed return, or to
26pay any final assessment of tax, penalty, or interest, as

 

 

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1required by any tax Act administered by the Illinois Department
2of Revenue, until such time as the requirements of any such tax
3Act are satisfied.
4(Source: P.A. 96-1327, eff. 7-27-10.)
 
5    (225 ILCS 745/75)
6    (Section scheduled to be repealed on January 1, 2016)
7    Sec. 75. Returned checks; fines. Any person who delivers a
8check or other payment to the Department that is returned to
9the Department unpaid by the financial institution upon which
10it is drawn shall pay to the Department, in addition to the
11amount already owed to the Department, a fine of $50. The fines
12imposed by this Section are in addition to any other discipline
13provided under this Act for unlicensed practice or practice on
14a nonrenewed license. The Department shall notify the person
15that payment of fees and fines shall be paid to the Department
16by certified check or money order within 30 calendar days of
17the notification. If, after the expiration of 30 calendar days
18from the date of the notification, the person has failed to
19submit the necessary remittance, the Department shall
20automatically terminate the license or deny the application,
21without a hearing. If, after termination or denial, the person
22seeks a license to practice as a Licensed Professional
23Geologist, he or she shall apply to the Department for
24restoration or issuance of the license and pay all fees and
25fines due to the Department. The Department may establish a fee

 

 

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1for the processing of an application for restoration of a
2license to pay all expenses of processing this application. The
3Secretary Director may waive the fines due under this Section
4in individual cases where the Secretary Director finds that the
5fines would be unreasonable or unnecessarily burdensome.
6(Source: P.A. 96-1327, eff. 7-27-10.)
 
7    (225 ILCS 745/80)
8    (Section scheduled to be repealed on January 1, 2016)
9    Sec. 80. Disciplinary actions.
10    (a) The Department may refuse to issue or renew, or may
11revoke, suspend, place on probation, reprimand, or take other
12disciplinary or non-disciplinary action as the Department may
13deem appropriate, including fines not to exceed $10,000 $5,000
14for each violation, with regard to any license for any one or
15combination of the following:
16        (1) Material misstatement in furnishing information to
17    the Department.
18        (2) Violations of this Act, or of the rules promulgated
19    under this Act.
20        (3) Conviction by plea of guilty or nolo contendere,
21    finding of guilt, jury verdict, or entry of judgment or by
22    sentencing of any crime, including, but not limited to,
23    convictions, preceding sentences of supervision,
24    conditional discharge, or first offender probation, under
25    the laws of any jurisdiction of the United States: (i) that

 

 

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1    is a felony or (ii) that is a misdemeanor, an essential
2    element of which is dishonesty, or that is directly related
3    to the practice of the profession. Conviction of any crime
4    under the laws of the United States or any state or
5    territory of the United States that is a felony or that is
6    a misdemeanor, an essential element of which is dishonesty,
7    or of any crime that is directly related to the practice of
8    the profession.
9        (4) Making any misrepresentation for the purpose of
10    obtaining licensure or violating any provision of this Act
11    or the rules promulgated under this Act pertaining to
12    advertising.
13        (5) Professional incompetence.
14        (6) Malpractice. Gross malpractice.
15        (7) Aiding or assisting another person in violating any
16    provision of this Act or rules promulgated under this Act.
17        (8) Failing, within 60 days, to provide information in
18    response to a written request made by the Department.
19        (9) Engaging in dishonorable, unethical, or
20    unprofessional conduct of a character likely to deceive,
21    defraud, or harm the public.
22        (10) Habitual or excessive use or addiction to alcohol,
23    narcotics, stimulants, or any other chemical agent or drug
24    that results in the inability to practice with reasonable
25    judgment, skill, or safety.
26        (11) Discipline by another state, the District of

 

 

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1    Columbia, a territory of the United States, or a foreign
2    nation, if at least one of the grounds for the discipline
3    is the same or substantially equivalent to those set forth
4    in this Section.
5        (12) Directly or indirectly giving to or receiving from
6    any person, firm, corporation, partnership, or association
7    any fee, commission, rebate or other form of compensation
8    for professional services not actually or personally
9    rendered.
10        (13) A finding by the Department that the licensee,
11    after having his or her license placed on probationary
12    status, has violated the terms of probation.
13        (14) Willfully making or filing false records or
14    reports in his or her practice, including but not limited
15    to, false records filed with State agencies or departments.
16        (15) Physical illness, including but not limited to,
17    deterioration through the aging process, or loss of motor
18    skill that results in the inability to practice the
19    profession with reasonable judgment, skill, or safety.
20        (16) Solicitation of professional services other than
21    permitted advertising.
22        (17) Conviction of or cash compromise of a charge or
23    violation of the Illinois Controlled Substances Act
24    regulating narcotics.
25        (18) Failure to (i) file a tax return, (ii) pay the
26    tax, penalty, or interest shown in a filed return, or (iii)

 

 

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1    pay any final assessment of tax, penalty, or interest, as
2    required by any tax Act administered by the Illinois
3    Department of Revenue, until the requirements of that tax
4    Act are satisfied.
5        (19) Conviction by any court of competent
6    jurisdiction, either within or outside this State, of any
7    violation of any law governing the practice of professional
8    geology, if the Department determines, after
9    investigation, that the person has not been sufficiently
10    rehabilitated to warrant the public trust.
11        (20) Gross, willful, or continued overcharging for
12    professional services, including filing false statements
13    for collection of fees for which services are not rendered.
14        (21) Practicing under a false or, except as provided by
15    law, an assumed name.
16        (22) Fraud or misrepresentation in applying for, or
17    procuring, a license to practice as a Licensed Professional
18    Geologist under this Act or in connection with applying for
19    renewal of a license under this Act.
20        (23) Cheating on or attempting to subvert the licensing
21    examination administered under this Act.
22    (b) The determination by a circuit court that a licensee is
23subject to involuntary admission or judicial admission as
24provided in the Mental Health and Developmental Disabilities
25Code operates as an automatic suspension. The suspension will
26end only upon a finding by a court that the licensee is no

 

 

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1longer subject to the involuntary admission or judicial
2admission and issues an order so finding and discharging the
3licensee; and upon the recommendation of the Board to the
4Secretary Director that the licensee be allowed to resume his
5or her practice.
6    All fines imposed under this Section shall be paid within
760 days after the effective date of the order imposing the fine
8or in accordance with the terms set forth in the order imposing
9the fine.
10(Source: P.A. 96-1327, eff. 7-27-10.)
 
11    (225 ILCS 745/90)
12    (Section scheduled to be repealed on January 1, 2016)
13    Sec. 90. Investigations; notice and hearing. The
14Department may investigate the actions of any applicant or of
15any person or persons rendering or offering to render
16geological services or any person holding or claiming to hold a
17license as a Licensed Professional Geologist. The Department
18shall, before revoking, suspending, placing on probation,
19reprimanding, or taking any other disciplinary action under
20Section 80 of this Act, at least 30 days before the date set
21for the hearing, (i) notify the accused in writing of the
22charges made and the time and place for the hearing on the
23charges, (ii) direct him or her to file a written answer to the
24charges with the Board under oath within 20 days after the
25service on him or her of the notice, and (iii) notify inform

 

 

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1the accused that, if he or she fails to answer, default will be
2taken against him or her, and or that his or her license may be
3suspended, revoked, placed on probationary status, or other
4disciplinary action taken with regard to the license, including
5limiting the scope, nature, or extent of his or her practice,
6as the Department may consider proper. At the time and place
7fixed in the notice, the Board shall proceed to hear the
8charges and the parties or their counsel shall be accorded
9ample opportunity to present any pertinent statements,
10testimony, evidence, and arguments. The Board may continue the
11hearing from time to time. In case the person, after receiving
12the notice, fails to file an answer, his or her license may, in
13the discretion of the Department, be suspended, revoked, placed
14on probationary status, or subject to any other disciplinary
15action the Department considers proper may take whatever
16disciplinary action considered proper, including limiting the
17scope, nature, or extent of the person's practice or the
18imposition of a fine, without a hearing, if the act or acts
19charged constitute sufficient grounds for that action under
20this Act. The written notice may be served by personal delivery
21or by certified mail to the licensee's address of record.
22specified by the accused in his or her last notification with
23the Department.
24(Source: P.A. 96-1327, eff. 7-27-10.)
 
25    (225 ILCS 745/95)

 

 

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1    (Section scheduled to be repealed on January 1, 2016)
2    Sec. 95. Record of proceedings; transcript. The
3Department, at its expense, shall preserve a record of all
4proceedings at the formal hearing of any case. The notice of
5hearing, complaint, all other documents in the nature of
6pleadings, written motions filed in the proceedings, the
7transcripts of testimony, the report of the hearing officer and
8the Board, and orders of the Department shall be in the record
9of the proceeding. The Department shall furnish a transcript of
10such record to any person interested in such hearing upon
11payment of the fee required under Section 2105-115 of the
12Department of Professional Regulation Law (20 ILCS
132105/2105-115).
14(Source: P.A. 91-239, eff. 1-1-00.)
 
15    (225 ILCS 745/100)
16    (Section scheduled to be repealed on January 1, 2016)
17    Sec. 100. Subpoenas; depositions; oaths. The Department
18has the power to subpoena and to bring before it any person and
19to take testimony either orally or by deposition, or both, with
20the same fees and mileage and in the same manner as prescribed
21in civil cases in the courts of this State.
22    The Secretary Director, the designated hearing officer,
23and every member of the Board has the power to administer oaths
24to witnesses at any hearing that the Department is authorized
25to conduct, and any other oaths authorized in any Act

 

 

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1administered by the Department.
2(Source: P.A. 89-366, eff. 7-1-96.)
 
3    (225 ILCS 745/110)
4    (Section scheduled to be repealed on January 1, 2016)
5    Sec. 110. Findings and recommendations. At the conclusion
6of the hearing, the Board shall present to the Secretary
7Director a written report of its findings of fact, conclusions
8of law, and recommendations. The report shall contain a finding
9whether or not the accused person violated this Act or its
10rules or failed to comply with the conditions required in this
11Act or its rules. The Board shall specify the nature of any
12violations or failure to comply and shall make its
13recommendations to the Secretary Director. In making
14recommendations for any disciplinary actions, the Board may
15take into consideration all facts and circumstances bearing
16upon the reasonableness of the conduct of the accused and the
17potential for future harm to the public, including but not
18limited to previous discipline of the accused by the
19Department, intent, degree of harm to the public and likelihood
20of harm in the future, any restitution made by the accused, and
21whether the incident or incidents contained in the complaint
22appear to be isolated or represent a continuing pattern of
23conduct. In making its recommendations for discipline, the
24Board shall endeavor to ensure that the severity of the
25discipline recommended is reasonably related to the severity of

 

 

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1the violation.
2    The report of findings of fact, conclusions of law, and
3recommendation of the Board shall be the basis for the
4Department's order refusing to issue, restore, or renew a
5person's license to practice as a Licensed Professional
6Geologist, or otherwise disciplining a licensee. If the
7Secretary Director disagrees with the recommendations of the
8Board, the Secretary Director may issue an order in
9contravention of the Board recommendations. The Secretary
10Director shall provide a written report to the Board on any
11disagreement and shall specify the reasons for the action in
12the final order. The finding is not admissible in evidence
13against the person in a criminal prosecution brought for a
14violation of this Act, but the hearing and finding are not a
15bar to a criminal prosecution brought for a violation of this
16Act.
17(Source: P.A. 96-1327, eff. 7-27-10.)
 
18    (225 ILCS 745/120)
19    (Section scheduled to be repealed on January 1, 2016)
20    Sec. 120. Secretary Director;rehearing. Whenever the
21Secretary Director believes that justice has not been done in
22the revocation, suspension, or refusal to issue, restore, or
23renew a person's license to practice as a Licensed Professional
24Geologist, or other discipline of an applicant or licensee, he
25or she may order a rehearing by the same or other examiners.

 

 

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1(Source: P.A. 96-1327, eff. 7-27-10.)
 
2    (225 ILCS 745/125)
3    (Section scheduled to be repealed on January 1, 2016)
4    Sec. 125. Appointment of a hearing officer. The Secretary
5Director has the authority to appoint any attorney licensed to
6practice law in the State of Illinois to serve as the hearing
7officer in any action for refusal to issue, restore, or renew a
8person's license to practice as a Licensed Professional
9Geologist or to discipline a licensee. The hearing officer has
10full authority to conduct the hearing. Members At least one
11member of the Board may shall attend each hearing. The hearing
12officer shall report his or her findings of fact, conclusions
13of law, and recommendations to the Board and the Secretary
14Director. The Board shall have 60 calendar days from receipt of
15the report to review the report of the hearing officer and
16present its findings of fact, conclusions of law, and
17recommendations to the Secretary Director. If the Board does
18not present its report within the 60-day period, the Secretary
19Director may issue an order based on the report of the hearing
20officer. If the Secretary Director disagrees with the
21recommendation of the Board or of the hearing officer, the
22Secretary Director may issue an order in contravention of the
23recommendation. The Secretary Director shall promptly provide
24a written report to the Board on any deviation, and shall
25specify the reasons for the action in the final order.

 

 

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1(Source: P.A. 96-1327, eff. 7-27-10.)
 
2    (225 ILCS 745/130)
3    (Section scheduled to be repealed on January 1, 2016)
4    Sec. 130. Order or certified copy; prima facie proof. An
5order or certified copy thereof, over the seal of the
6Department and purporting to be signed by the Secretary
7Director,is prima facie proof that:
8        (a) the signature is the genuine signature of the
9    Secretary Director;
10        (b) the Secretary Director is duly appointed and
11    qualified; and
12        (c) the Board and its members are qualified to act.
13(Source: P.A. 89-366, eff. 7-1-96.)
 
14    (225 ILCS 745/135)
15    (Section scheduled to be repealed on January 1, 2016)
16    Sec. 135. Restoration of suspended or revoked license. At
17any time after the successful completion of a term of
18indefinite probation, suspension, or revocation of a
19suspension or revocation of a person's license to practice as a
20Licensed Professional Geologist, the Department may restore it
21to the licensee, upon the written recommendation of the Board,
22unless after an investigation and a hearing the Board
23determines that restoration is not in the public interest.
24(Source: P.A. 96-1327, eff. 7-27-10.)
 

 

 

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1    (225 ILCS 745/145)
2    (Section scheduled to be repealed on January 1, 2016)
3    Sec. 145. Summary suspension of a license. The Secretary
4Director may summarily suspend the license of a Licensed
5Professional Geologist without a hearing, simultaneously with
6the institution of proceedings for a hearing provided for in
7Section 90 of this Act, if the Secretary Director finds that
8evidence in the Secretary's Director's possession indicates
9that the continuation of practice by a Licensed Professional
10Geologist would constitute an imminent danger to the public. In
11the event that the Secretary Director summarily suspends the
12license of a Licensed Professional Geologist without a hearing,
13a hearing must be commenced within 30 days after the suspension
14has occurred and concluded as expeditiously as practical.
15(Source: P.A. 96-1327, eff. 7-27-10.)
 
16    (225 ILCS 745/155)
17    (Section scheduled to be repealed on January 1, 2016)
18    Sec. 155. Administrative review; certifications
19Certifications of record; costs. All final administrative
20decisions of the Department are subject to judicial review
21pursuant to the Administrative Review Law and its rules. The
22term "administrative decision" is defined as in Section 3-101
23of the Code of Civil Procedure.
24    Proceedings for judicial review shall be commenced in the

 

 

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1circuit court of the county in which the party applying for
2review resides, but, if the party is not a resident of this
3State, the venue shall be in Sangamon County.
4    The Department shall not be required to certify any record
5to the court, to file an answer in court, or to otherwise
6appear in any court in a judicial review proceeding unless and
7until the Department has received from the plaintiff payment of
8the costs of furnishing and certifying the record, there is
9filed in the court, with the complaint, a receipt from the
10Department acknowledging payment of the costs of furnishing and
11certifying the record, which costs shall be determined by the
12Department. Failure on the part of the plaintiff to file the
13receipt in court is grounds for dismissal of the action.
14    During the pendency and hearing of any and all judicial
15proceedings incident to the disciplinary action, the sanctions
16imposed upon the accused by the Department specified in the
17Department's final administrative decision shall, as a matter
18of public policy, remain in full force and effect in order to
19protect the public pending final resolution of any of the
20proceedings.
21(Source: P.A. 89-366, eff. 7-1-96.)
 
22    (225 ILCS 745/162)
23    (Section scheduled to be repealed on January 1, 2016)
24    Sec. 162. Civil penalties.
25    (a) In addition to any other penalty provided by law, any

 

 

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1person who violates this Act shall forfeit and pay a civil
2penalty to the Department in an amount not to exceed $10,000
3$5,000 for each offense as determined by the Department. The
4civil penalty shall be assessed by the Department after a
5hearing is held in accordance with the provisions of this Act
6regarding the provision of a hearing for the discipline of a
7licensee.
8    (b) The Department has the authority and power to
9investigate any and all unlicensed activity.
10    (c) The civil penalty shall be paid within 60 days after
11the effective date of the order imposing the civil penalty. The
12order shall constitute a judgment and may be filed and
13execution had thereon in the same manner as any judgment from
14any court of record.
15    (d) All moneys collected under this Section shall be
16deposited into the General Professions Dedicated Fund.
17(Source: P.A. 89-366, eff. 7-1-96.)
 
18    (225 ILCS 745/165)
19    (Section scheduled to be repealed on January 1, 2016)
20    Sec. 165. Consent order. At any point in the proceedings as
21provided in Sections 85 through 130 and Section 150, both
22parties may agree to a negotiated consent order. The consent
23order shall be final upon signature of the Secretary Director.
24(Source: P.A. 89-366, eff. 7-1-96.)
 

 

 

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1    (225 ILCS 745/170)
2    (Section scheduled to be repealed on January 1, 2016)
3    Sec. 170. Illinois Administrative Procedure Act;
4application. The Illinois Administrative Procedure Act is
5expressly adopted and incorporated in this Act as if all of the
6provisions of that Act were included in this Act, except that
7the provision of paragraph (d) of Section 10-65 of the Illinois
8Administrative Procedure Act, which provides that at hearings
9the registrant or licensee has the right to show compliance
10with all lawful requirements for retention or continuation or
11renewal of the license, is specifically excluded. For the
12purpose of this Act, the notice required under Section 10-25 of
13the Illinois Administrative Procedure Act is considered
14sufficient when mailed to the last known address of record a
15party.
16(Source: P.A. 89-366, eff. 7-1-96; 90-655, eff. 7-30-98.)
 
17    (225 ILCS 745/180 new)
18    Sec. 180. Confidentiality. All information collected by
19the Department in the course of an examination or investigation
20of a licensee or applicant, including, but not limited to, any
21complaint against a licensee filed with the Department and
22information collected to investigate any such complaint, shall
23be maintained for the confidential use of the Department and
24shall not be disclosed. The Department shall not disclose the
25information to anyone other than law enforcement officials,

 

 

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1regulatory agencies that have an appropriate regulatory
2interest as determined by the Secretary, or a party presenting
3a lawful subpoena to the Department. Information and documents
4disclosed to a federal, State, county, or local law enforcement
5agency shall not be disclosed by the agency for any purpose to
6any other agency or person. A formal complaint filed against a
7licensee by the Department or any order issued by the
8Department against a licensee or applicant shall be a public
9record, except as otherwise prohibited by law.
 
10    Section 99. Effective date. This Act takes effect upon
11becoming law.".