Full Text of SB2618 100th General Assembly
SB2618eng 100TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Regulatory Sunset Act is amended by changing | 5 | | Section 4.29 and adding Section 4.39 as follows: | 6 | | (5 ILCS 80/4.29) | 7 | | Sec. 4.29. Acts repealed on January 1, 2019 and December | 8 | | 31, 2019. | 9 | | (a) The following Act is repealed on January 1, 2019: | 10 | | The Environmental Health Practitioner Licensing Act. | 11 | | (b) The following Acts are repealed on December 31, 2019: | 12 | | The Medical Practice Act of 1987. | 13 | | The Structural Pest Control Act.
| 14 | | (Source: P.A. 100-429, eff. 8-25-17.) | 15 | | (5 ILCS 80/4.39 new) | 16 | | Sec. 4.39. Act repealed on January 1, 2029. The following | 17 | | Act is repealed on January 1, 2029: | 18 | | The Environmental Health Practitioner Licensing Act. | 19 | | Section 10. The Environmental Health Practitioner | 20 | | Licensing Act is amended by changing Sections 10, 18, 19, 31, | 21 | | 35, 60, 65, 70, 75, 80, 85, 90, 95, 100, 105, 115, 125, and 130 |
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| 1 | | and by adding Sections 11 and 123 as follows:
| 2 | | (225 ILCS 37/10)
| 3 | | (Section scheduled to be repealed on January 1, 2019)
| 4 | | Sec. 10. Definitions. As used in this Act:
| 5 | | "Address of record" means the designated address recorded | 6 | | by the Department in the applicant's application file or the | 7 | | licensee's license file maintained by the Department's | 8 | | licensure maintenance unit. | 9 | | "Board" means the Board of Environmental Health | 10 | | Practitioners as created
in this Act.
| 11 | | "Department" means the Department of Financial and | 12 | | Professional Regulation.
| 13 | | "Director" means the Director of Professional Regulation.
| 14 | | "Email address of record" means the designated email | 15 | | address recorded by the Department in the applicant's | 16 | | application file or the licensee's license file maintained by | 17 | | the Department's licensure maintenance unit. | 18 | | "Environmental health inspector" means an individual who, | 19 | | in support
of and under the general supervision of a licensed | 20 | | environmental health
practitioner or licensed professional | 21 | | engineer, practices environmental
health and meets the | 22 | | educational qualifications of an environmental health
| 23 | | inspector.
| 24 | | "Environmental health practice" is the practice of | 25 | | environmental
health by licensed environmental health |
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| 1 | | practitioners within the meaning
of this Act and includes, but | 2 | | is not limited to, the following areas of
professional | 3 | | activities: milk and food sanitation; protection and | 4 | | regulation
of private water supplies; private waste water | 5 | | management; domestic solid
waste disposal practices; | 6 | | institutional health and safety; and consultation
and | 7 | | education in these fields.
| 8 | | "Environmental health practitioner in training" means a | 9 | | person licensed
under this Act who meets the educational | 10 | | qualifications of a licensed
environmental health practitioner | 11 | | and practices environmental health in
support of and under the | 12 | | general supervision of a licensed environmental
health | 13 | | practitioner or licensed professional engineer, but has not | 14 | | passed the
licensed environmental health practitioner | 15 | | examination administered by the
Department.
| 16 | | "License" means the authorization issued by the Department | 17 | | permitting the
person named on the authorization to practice | 18 | | environmental health as
defined in this Act.
| 19 | | "Licensed environmental health practitioner" is a person | 20 | | who,
by virtue of education and experience in the physical, | 21 | | chemical,
biological, and environmental health sciences, is | 22 | | especially trained to
organize, implement, and manage | 23 | | environmental health programs, trained to
carry out education | 24 | | and enforcement activities for the promotion and
protection of | 25 | | the public health and environment, and is licensed as an
| 26 | | environmental health practitioner under this Act. |
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| 1 | | "Secretary" means the Secretary of Financial and | 2 | | Professional Regulation.
| 3 | | (Source: P.A. 100-201, eff. 8-18-17.)
| 4 | | (225 ILCS 37/11 new) | 5 | | Sec. 11. Address of record; email address of record. All | 6 | | applicants and licensees shall: | 7 | | (1) provide a valid address and email address to the | 8 | | Department, which shall serve as the address of record and | 9 | | email address of record, respectively, at the time of | 10 | | application for licensure or renewal of a license; and | 11 | | (2) inform the Department of any change of address of | 12 | | record or email address of record within 14 days after such | 13 | | change either through the Department's website or by | 14 | | contacting the Department's licensure maintenance unit.
| 15 | | (225 ILCS 37/18)
| 16 | | (Section scheduled to be repealed on January 1, 2019)
| 17 | | Sec. 18. Board of Environmental Health Practitioners. The | 18 | | Board of
Environmental Health Practitioners is created and | 19 | | shall exercise its duties as
provided in this Act. The Board | 20 | | shall consist of 5 members appointed
by the Secretary
Director . | 21 | | Of the 5 members, 3 shall be environmental
health | 22 | | practitioners, one
a Public Health Administrator who meets the | 23 | | minimum qualifications for public
health personnel employed by | 24 | | full time local health departments as prescribed
by the |
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| 1 | | Illinois Department of Public Health and is actively engaged in | 2 | | the
administration of a local health department within this | 3 | | State, and one
member
of the general public. In making the | 4 | | appointments to the Board, the Secretary Director
shall | 5 | | consider the recommendations of related professional and trade
| 6 | | associations including the Illinois Environmental Health | 7 | | Association and the
Illinois Public Health Association and of | 8 | | the Director of Public
Health. Each of the environmental health | 9 | | practitioners shall have at least 5
years of full time | 10 | | employment in the field of environmental health practice
before | 11 | | the date of appointment. Each appointee filling the seat of an
| 12 | | environmental health practitioner appointed to the Board must | 13 | | be licensed under
this Act.
| 14 | | The membership of the Board shall reasonably reflect | 15 | | representation from the
various geographic areas of the State.
| 16 | | A vacancy in the membership of the Board shall not impair | 17 | | the right of a
quorum to exercise all the rights and perform | 18 | | all the duties of the Board.
| 19 | | The members of the Board are entitled to receive | 20 | | reimbursement for as compensation a reasonable
sum
as | 21 | | determined by the Director for each day actually engaged in the | 22 | | duties of
the office and all legitimate and necessary expenses | 23 | | incurred in attending the
meetings of the Board.
| 24 | | A member Members of the Board shall have no liability be | 25 | | immune from suit in any action based upon any
disciplinary | 26 | | proceedings or other activity activities performed in good |
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| 1 | | faith as a member members
of the Board.
| 2 | | The Secretary Director may remove any member of the Board | 3 | | for any cause that, in the
opinion of the Secretary Director , | 4 | | reasonably justifies termination.
| 5 | | (Source: P.A. 91-724, eff. 6-2-00; 91-798, eff. 7-9-00; 92-837, | 6 | | eff. 8-22-02 .)
| 7 | | (225 ILCS 37/19)
| 8 | | (Section scheduled to be repealed on January 1, 2019)
| 9 | | Sec. 19. Requirements of approval by Board of Environmental | 10 | | Health
Practitioners. The Secretary Director may consider the | 11 | | recommendations of the Board in
establishing guidelines for | 12 | | professional conduct, for the conduct of formal
disciplinary | 13 | | proceedings brought under this Act, and for establishing
| 14 | | guidelines for qualifications and examinations of applicants. | 15 | | Notice of
proposed rulemaking shall be transmitted to the | 16 | | Board. The Department shall
review the response of the Board | 17 | | and its recommendations. The Department, at
any time, may seek | 18 | | the expert advice and knowledge of the Board on any matter
| 19 | | relating to the administration or enforcement of this Act.
| 20 | | (Source: P.A. 89-61, eff. 6-30-95 .)
| 21 | | (225 ILCS 37/31)
| 22 | | (Section scheduled to be repealed on January 1, 2019)
| 23 | | Sec. 31. Checks or orders dishonored. A person who issues | 24 | | or delivers a
check or other order to the Department that is |
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| 1 | | returned to the Department
unpaid by the financial institution | 2 | | upon which it is drawn shall pay to the
Department, in addition | 3 | | to the amount already owed to the Department, a fine of
$50. | 4 | | The fines
imposed by this Section are in addition to any other | 5 | | discipline provided under
this Act prohibiting unlicensed | 6 | | practice or practice on a nonrenewed license.
The Department | 7 | | shall notify the person that payment of fees and fines shall be
| 8 | | paid to the Department by certified check or money order within | 9 | | 30 calendar
days after notification. If, after the expiration | 10 | | of 30 days from the date of
the notification, the person fails | 11 | | to submit the necessary remittance,
the Department shall | 12 | | automatically terminate the license or certification or
deny | 13 | | the application, without hearing. If, after termination or | 14 | | denial, the
person seeks a license or certificate, he or she | 15 | | shall apply to the Department
for restoration or issuance of a | 16 | | license or certificate and pay all fees and
fines due to the | 17 | | Department. The Department may establish a fee for the
| 18 | | processing of an application for restoration of a license to | 19 | | pay all costs and
expenses of processing of this application. | 20 | | The Secretary Director may waive the fines
due under this | 21 | | Section in individual cases where the Secretary Director finds | 22 | | that the
fines would be unnecessarily burdensome.
| 23 | | (Source: P.A. 92-146, eff. 1-1-02 .)
| 24 | | (225 ILCS 37/35)
| 25 | | (Section scheduled to be repealed on January 1, 2019)
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| 1 | | Sec. 35. Grounds for discipline.
| 2 | | (a) The Department may refuse to issue or renew, or may | 3 | | revoke, suspend,
place on probation, reprimand, or take other | 4 | | disciplinary action with regard to
any license issued under | 5 | | this Act as the Department may consider proper,
including the | 6 | | imposition of fines not to exceed $5,000 for each violation, | 7 | | for
any one or combination of the following causes:
| 8 | | (1) Material misstatement in furnishing information to | 9 | | the Department.
| 10 | | (2) Violations of this Act or its rules.
| 11 | | (3) Conviction by plea of guilty or nolo contendere, | 12 | | finding of guilt, jury verdict, or entry of judgment or | 13 | | sentencing, including, but not limited to, convictions, | 14 | | preceding sentences of supervision, conditional discharge, | 15 | | or first offender probation, under the laws of any | 16 | | jurisdiction of the United States that is (i) a felony or | 17 | | (ii) a misdemeanor, an essential element of which is | 18 | | dishonesty, or that is directly related to the practice of | 19 | | the profession. Conviction of any felony under the laws of | 20 | | any U.S. jurisdiction, any
misdemeanor an essential | 21 | | element of which is dishonesty, or any crime that is
| 22 | | directly related to the practice of the profession.
| 23 | | (4) Making any misrepresentation for the purpose of | 24 | | obtaining a
certificate of registration.
| 25 | | (5) Professional incompetence.
| 26 | | (6) Aiding or assisting another person in violating any |
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| 1 | | provision of this
Act or its rules.
| 2 | | (7) Failing to provide information within 60 days in | 3 | | response to a written
request made by the Department.
| 4 | | (8) Engaging in dishonorable, unethical, or | 5 | | unprofessional conduct of a
character likely to deceive, | 6 | | defraud, or harm the public as defined by rules of
the | 7 | | Department.
| 8 | | (9) Habitual or excessive use or addiction to alcohol, | 9 | | narcotics,
stimulants, or any other chemical agent or drug | 10 | | that results in an
environmental health practitioner's | 11 | | inability to practice with reasonable
judgment, skill, or | 12 | | safety.
| 13 | | (10) Discipline by another U.S. jurisdiction or | 14 | | foreign nation, if at
least one of the grounds for a | 15 | | discipline is the same or substantially
equivalent to those | 16 | | set forth in this Act.
| 17 | | (11) A finding by the Department that the registrant, | 18 | | after having his or
her license placed on probationary | 19 | | status, has violated the terms of
probation.
| 20 | | (12) Willfully making or filing false records or | 21 | | reports in his or her
practice, including, but not limited | 22 | | to, false records filed with State
agencies or departments.
| 23 | | (13) Physical illness, including, but not limited to, | 24 | | deterioration
through the aging process or loss of motor | 25 | | skills that result in the inability
to practice the | 26 | | profession with reasonable judgment, skill, or safety.
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| 1 | | (14) Failure to comply with rules promulgated by the
| 2 | | Illinois Department of Public Health or other State | 3 | | agencies related to the
practice of environmental health.
| 4 | | (15) The Department shall deny any application for a | 5 | | license or renewal of
a license under this Act, without | 6 | | hearing, to a person who has defaulted on an
educational | 7 | | loan guaranteed by the Illinois Student Assistance | 8 | | Commission;
however, the Department may issue a license or | 9 | | renewal of a license if the
person in default has | 10 | | established a satisfactory repayment record as determined
| 11 | | by the Illinois Student Assistance
Commission.
| 12 | | (16) Solicitation of professional services by using | 13 | | false or misleading
advertising.
| 14 | | (17) A finding that the license has been applied for or | 15 | | obtained by
fraudulent means.
| 16 | | (18) Practicing or attempting to practice under a name | 17 | | other than the full
name as shown on the license or any | 18 | | other legally authorized name.
| 19 | | (19) Gross overcharging for professional services | 20 | | including filing
statements for collection of fees or | 21 | | moneys for which services are not
rendered.
| 22 | | (b) The Department may refuse to issue or may suspend the | 23 | | license of any
person who fails to (i) file a return, (ii) pay | 24 | | the tax, penalty, or interest
shown in a filed return; or (iii) | 25 | | pay any final assessment of the tax, penalty,
or interest as | 26 | | required by any tax Act administered by the Illinois Department
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| 1 | | of Revenue until the requirements of the tax Act are satisfied.
| 2 | | (c) The determination by a circuit court that a licensee is | 3 | | subject
to involuntary admission or judicial admission to a | 4 | | mental health facility as
provided in the Mental Health and | 5 | | Developmental Disabilities Code operates as
an automatic | 6 | | suspension. The suspension may end only upon a finding by a | 7 | | court
that the licensee is no longer subject to involuntary | 8 | | admission or judicial
admission, the issuance of an order so | 9 | | finding and discharging the patient, and
the recommendation of | 10 | | the Board to the Secretary Director that the licensee be | 11 | | allowed to
resume practice.
| 12 | | (d) In enforcing this Section, the Department, upon a | 13 | | showing of a
possible
violation, may compel any person licensed | 14 | | to practice under this Act or who has
applied
for licensure or | 15 | | certification pursuant to this Act to submit to a mental or
| 16 | | physical
examination, or both, as required by and at the | 17 | | expense of the Department. The
examining physicians shall be | 18 | | those specifically
designated by
the Department. The | 19 | | Department may order the examining physician
to present | 20 | | testimony concerning this mental or
physical
examination of the
| 21 | | licensee or applicant. No information shall be excluded by | 22 | | reason of any
common law or
statutory privilege relating to | 23 | | communications between the licensee or
applicant and the
| 24 | | examining physician. The person to be examined may
have, at his
| 25 | | or her own expense, another physician of his or her
choice
| 26 | | present during all aspects of the examination. Failure of any |
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| 1 | | person to submit
to a mental
or physical examination, when | 2 | | directed, shall be grounds for suspension of a
license until
| 3 | | the person submits to the examination if the Department finds, | 4 | | after notice and
hearing,
that the refusal to submit to the | 5 | | examination was without reasonable cause.
| 6 | | If the Department finds an individual unable to practice | 7 | | because of the
reasons set
forth in this Section, the | 8 | | Department may require that individual to submit to
care,
| 9 | | counseling, or treatment by physicians approved or designated | 10 | | by the
Department, as a
condition, term, or restriction for | 11 | | continued, restored reinstated , or renewed licensure
to | 12 | | practice
or, in lieu of care, counseling, or treatment, the | 13 | | Department may file a
complaint to
immediately suspend, revoke, | 14 | | or otherwise discipline the license of the
individual.
| 15 | | Any person whose license was granted, continued, restored | 16 | | reinstated , renewed,
disciplined, or supervised subject to | 17 | | such terms, conditions, or restrictions
and
who fails to comply | 18 | | with such terms, conditions, or restrictions shall be
referred | 19 | | to
the Secretary Director for a determination as to whether the | 20 | | person shall have his or her
license suspended immediately, | 21 | | pending a hearing by the Department.
| 22 | | In instances in which the Secretary Director immediately | 23 | | suspends a person's license
under this Section, a hearing on | 24 | | that person's license must be convened by the
Department within | 25 | | 15 days after the suspension and completed without
appreciable | 26 | | delay. The Department shall have the authority to review the
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| 1 | | subject
person's record of treatment and counseling regarding | 2 | | the impairment, to the
extent permitted by applicable federal | 3 | | statutes and regulations safeguarding
the
confidentiality of | 4 | | medical records.
| 5 | | A person licensed under this Act and affected under this | 6 | | Section shall be
afforded an opportunity to demonstrate to the | 7 | | Department that he or she can
resume practice in compliance | 8 | | with acceptable and prevailing standards under
the
provisions | 9 | | of his or her license.
| 10 | | (Source: P.A. 92-837, eff. 8-22-02 .)
| 11 | | (225 ILCS 37/60)
| 12 | | (Section scheduled to be repealed on January 1, 2019)
| 13 | | Sec. 60. Violations; injunctions; cease and desist order.
| 14 | | (a) If a person violates a provision of this Act, the | 15 | | Secretary Director may, in
the name of the People of the State | 16 | | of Illinois, through the Attorney General
of the State of | 17 | | Illinois, petition for an order enjoining the violation or for
| 18 | | any order enforcing compliance with this Act. Upon the filing | 19 | | of a verified
petition in court, the court may issue a | 20 | | temporary restraining order, without
notice or bond, and may | 21 | | preliminarily and permanently enjoin the violation.
If it is | 22 | | established that the person has violated or is violating the
| 23 | | injunction,
the Court may punish the offender for contempt of | 24 | | court. Proceedings under this
Section are in addition to, and | 25 | | not in lieu of, all other remedies and
penalties provided by |
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| 1 | | this Act.
| 2 | | (b) (Blank). If a person practices as an environmental | 3 | | health practitioner or
holds himself or herself out as such | 4 | | without having a valid license under this
Act, then a licensee, | 5 | | an interested party, or a person injured thereby may,
in | 6 | | addition to the Director, petition for relief as provided in | 7 | | subsection (a)
of this Section.
| 8 | | (c) Whenever in the opinion of the Department a person | 9 | | violates a
provision of this Act, the Department may issue a | 10 | | rule to show cause why an
order to cease and desist should not | 11 | | be entered against him or her. The rule
shall clearly set forth | 12 | | the grounds relied upon by the Department and shall
provide a | 13 | | period of 7 days from the date of the rule to file an answer to | 14 | | the
satisfaction of the Department. Failure to answer to the | 15 | | satisfaction of the
Department shall cause an order to cease | 16 | | and desist to be issued immediately.
| 17 | | (Source: P.A. 89-61, eff. 6-30-95 .)
| 18 | | (225 ILCS 37/65)
| 19 | | (Section scheduled to be repealed on January 1, 2019)
| 20 | | Sec. 65. Investigation; notice; hearing. The Department | 21 | | may investigate
the actions of an applicant or a person or | 22 | | persons holding or claiming to
hold a license. Before refusing | 23 | | to issue, refusing to renew, or taking any
disciplinary action | 24 | | regarding a license, the Department shall, at least 30 days
| 25 | | before the date set for the hearing, notify in writing the |
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| 1 | | applicant for, or
holder of, a license of the nature of any | 2 | | charges and that a hearing will be
held on a date designated. | 3 | | The Department shall direct the applicant or
licensee to file a | 4 | | written answer with the Board under oath within 20 days
after | 5 | | the service of the notice and inform the applicant or licensee | 6 | | that
failure to file an answer shall result in default being | 7 | | taken against the
applicant or licensee and that the license | 8 | | may be suspended, revoked, or placed
on probationary status, or | 9 | | that other disciplinary action may be taken,
including limiting | 10 | | the scope, nature, or extent of practice, as the Secretary | 11 | | Director
may
consider proper. Written notice may be served by | 12 | | personal delivery , or
certified or
registered mail , or email to | 13 | | the applicant or licensee respondent at the address of his or | 14 | | her address of record or email address of record last
| 15 | | notification to the Department . If the person fails to file an | 16 | | answer after
receiving notice, his or her license or | 17 | | certificate may, in the discretion of
the Department, be | 18 | | suspended, revoked, or placed on probationary
status or the | 19 | | Department may take any disciplinary action considered proper,
| 20 | | including
limiting the scope, nature, or extent of the person's | 21 | | practice or the
imposition of a fine, without a hearing, if the | 22 | | act or acts charged constitute
sufficient grounds for such | 23 | | action under this Act. At the time and place fixed
in the | 24 | | notice, the Board shall proceed to hear the charges and the | 25 | | parties or
their counsel shall be accorded ample opportunity to | 26 | | present statements,
testimony, evidence, and arguments as may |
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| 1 | | be pertinent to the charges or to
their
defense. The Board may | 2 | | continue a hearing from time to time.
| 3 | | (Source: P.A. 89-61, eff. 6-30-95 .)
| 4 | | (225 ILCS 37/70)
| 5 | | (Section scheduled to be repealed on January 1, 2019)
| 6 | | Sec. 70. Records of proceeding. The Department, at its | 7 | | expense, shall
preserve a record of all proceedings at the | 8 | | formal hearing of any case. The
notice of hearing, complaint, | 9 | | and all other documents in the nature of
pleadings, written | 10 | | motions filed in the proceedings, transcripts of
testimony, | 11 | | reports of the Board and orders of the Department shall be in | 12 | | the
record of the proceedings. The Department shall furnish a | 13 | | transcript of the
record to any person interested in the | 14 | | hearing upon payment of the fee required
under Section 2105-115 | 15 | | of the Department of Professional
Regulation
Law (20 ILCS | 16 | | 2105/2105-115).
| 17 | | (Source: P.A. 91-239, eff. 1-1-00 .)
| 18 | | (225 ILCS 37/75)
| 19 | | (Section scheduled to be repealed on January 1, 2019)
| 20 | | Sec. 75. Subpoenas; oaths; attendance of witnesses. The | 21 | | Department has the
power to subpoena and to bring before it any | 22 | | person and to take testimony
either orally or by deposition, or | 23 | | both, with the same fees and mileage and in
the same manner as | 24 | | prescribed in civil cases in the courts of this State.
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| 1 | | The Secretary Director , the designated hearing officer, | 2 | | and every member of the Board
has the power to administer oaths | 3 | | to witnesses at any hearing that the
Department is authorized | 4 | | to conduct and any other oaths authorized in any Act
| 5 | | administered by the Department.
| 6 | | (Source: P.A. 89-61, eff. 6-30-95 .)
| 7 | | (225 ILCS 37/80)
| 8 | | (Section scheduled to be repealed on January 1, 2019)
| 9 | | Sec. 80. Recommendations for disciplinary action. At the | 10 | | conclusion of
the hearing, the Board shall present to the | 11 | | Secretary Director a written report of its
findings and | 12 | | recommendations. The report shall contain a finding whether or
| 13 | | not the licensee violated this Act or failed to comply with the | 14 | | conditions
required in this Act. The Board shall specify the | 15 | | nature of the violation or
failure to comply and shall make its | 16 | | recommendations to the Secretary Director .
| 17 | | The report of findings, conclusions of law, and | 18 | | recommendations of the Board
shall be the basis for the | 19 | | Department's order for refusal to issue or for the
granting of | 20 | | a license or for any disciplinary action. If the Secretary | 21 | | Director
disagrees with the recommendation of the Board, the | 22 | | Secretary Director may issue an
order in contravention of the | 23 | | Board's report. The finding is not admissible
in evidence | 24 | | against the person in a criminal prosecution brought for
| 25 | | violation of this Act, but the hearing and findings are not a |
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| 1 | | bar to criminal
prosecution brought for violation of this Act.
| 2 | | (Source: P.A. 89-61, eff. 6-30-95 .)
| 3 | | (225 ILCS 37/85)
| 4 | | (Section scheduled to be repealed on January 1, 2019)
| 5 | | Sec. 85. Rehearing. In any hearing involving disciplinary | 6 | | action against
an applicant or licensee, a copy of the Board's | 7 | | report shall be served upon the
applicant or licensee by the | 8 | | Department, either personally or as provided in
this Act for | 9 | | the service of the notice of hearing. Within 20 calendar days
| 10 | | after service, the applicant or licensee may present to the | 11 | | Department a motion
in writing for a rehearing that shall | 12 | | specify the particular grounds for
rehearing. If no motion for | 13 | | rehearing is filed, then upon the expiration of
the time | 14 | | specified for filing a motion, or if a motion for rehearing is | 15 | | denied,
then upon denial, the Secretary Director may enter an | 16 | | order in accordance with
recommendations of the Board, except | 17 | | as provided in this Act. If the applicant
or licensee orders | 18 | | from the reporting service, and pays for a transcript of the
| 19 | | record within the time for filing a motion for rehearing, the | 20 | | 20 calendar
day period within which a motion may be filed shall | 21 | | commence upon the delivery
of the transcript to the respondent.
| 22 | | (Source: P.A. 88-670, eff. 12-2-94; 89-61, eff. 6-30-95 .)
| 23 | | (225 ILCS 37/90)
| 24 | | (Section scheduled to be repealed on January 1, 2019)
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| 1 | | Sec. 90. Rehearing Hearing by other examiner . Whenever the | 2 | | Secretary Director is not
satisfied that substantial justice | 3 | | has been done in the revocation, suspension,
or refusal to | 4 | | issue or renew a license, the Secretary Director may order a | 5 | | rehearing by
the same or other examiners.
| 6 | | (Source: P.A. 88-683, eff. 1-24-95; 89-61, eff. 6-30-95; | 7 | | 89-626, eff.
8-9-96 .)
| 8 | | (225 ILCS 37/95)
| 9 | | (Section scheduled to be repealed on January 1, 2019)
| 10 | | Sec. 95. Appointment of hearing officer. The Secretary | 11 | | Director has the authority
to appoint any attorney duly | 12 | | licensed to practice law in the State of Illinois
to serve as | 13 | | the hearing officer in any action for Departmental refusal to | 14 | | issue
a license, renew a license, or to discipline a licensee. | 15 | | The hearing officer
has full authority to conduct the hearing. | 16 | | At least one member of the Board
shall attend each hearing. The | 17 | | hearing officer shall report the findings of
fact,
conclusions | 18 | | of law, and recommendations to the Board and the Secretary | 19 | | Director . The
Board has 60 calendar days from receipt of the | 20 | | report to review the report of
the hearing officer and present | 21 | | its findings of fact, conclusions of law, and
recommendations | 22 | | to the Secretary Director . If the Board fails to present its | 23 | | report
within the 60 calendar day period, the Secretary | 24 | | Director may issue an order based on the
report of
the hearing | 25 | | officer. If the Secretary Director disagrees with the |
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| 1 | | recommendation of the
Board or the hearing officer, the | 2 | | Secretary Director may issue an order in contravention
of the | 3 | | recommendation.
| 4 | | (Source: P.A. 89-61, eff. 6-30-95 .)
| 5 | | (225 ILCS 37/100)
| 6 | | (Section scheduled to be repealed on January 1, 2019)
| 7 | | Sec. 100. Order or certified copy. An order or a certified | 8 | | copy thereof,
over the seal of the Department and purporting to | 9 | | be signed by the Secretary Director ,
shall be prima facie proof | 10 | | that:
| 11 | | (1) the signature is the genuine signature of the Secretary | 12 | | Director ;
| 13 | | (2) the Secretary Director is duly appointed and qualified; | 14 | | and
| 15 | | (3) the Board and its members are qualified to act.
| 16 | | (Source: P.A. 89-61, eff. 6-30-95 .)
| 17 | | (225 ILCS 37/105)
| 18 | | (Section scheduled to be repealed on January 1, 2019)
| 19 | | Sec. 105. Restoration of suspended or revoked license. At | 20 | | any time after
the suspension or revocation of any license, the | 21 | | Department may restore the
license to the accused person upon | 22 | | the written recommendation of the Board,
unless after an | 23 | | investigation and a hearing the Board determines that
| 24 | | restoration is not in the public interest. No person whose |
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| 1 | | license has been revoked as authorized in this Act may apply | 2 | | for restoration of that license until such time as provided for | 3 | | in the Department of Professional Regulation Law of the Civil | 4 | | Administrative Code of Illinois. | 5 | | A license that has been suspended or revoked shall be | 6 | | considered nonrenewed for purposes of restoration and a person | 7 | | restoring his or her license from suspension or revocation must | 8 | | comply with the requirements for restoration of a nonrenewed | 9 | | license as set forth in Section 15 of this Act and any related | 10 | | rules adopted.
| 11 | | (Source: P.A. 89-61, eff. 6-30-95 .)
| 12 | | (225 ILCS 37/115)
| 13 | | (Section scheduled to be repealed on January 1, 2019)
| 14 | | Sec. 115. Temporary suspension. The Secretary Director may | 15 | | summarily suspend the
license of an environmental health | 16 | | practitioner without a hearing,
simultaneously with the | 17 | | initiation of proceedings for a hearing provided for in
this | 18 | | Act, if the Secretary Director finds that evidence in his or | 19 | | her possession
indicates that an environmental health | 20 | | practitioner's continuation in practice
would constitute an | 21 | | imminent danger to the public. In the event that the Secretary
| 22 | | Director summarily suspends the license of an environmental | 23 | | health practitioner
without a hearing, a hearing by the Board | 24 | | must be commenced held within 30 calendar days
after the | 25 | | suspension has occurred.
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| 1 | | (Source: P.A. 89-61, eff. 6-30-95 .)
| 2 | | (225 ILCS 37/123 new) | 3 | | Sec. 123. Confidentiality. All information collected by | 4 | | the Department in the course of an examination or investigation | 5 | | of a licensee, registrant, or applicant, including, but not | 6 | | limited to, any complaint against a licensee or registrant | 7 | | filed with the Department and information collected to | 8 | | investigate any such complaint, shall be maintained for the | 9 | | confidential use of the Department and shall not be disclosed. | 10 | | The Department may not disclose the information to anyone other | 11 | | than law enforcement officials, other regulatory agencies that | 12 | | have an appropriate regulatory interest as determined by the | 13 | | Secretary, or a party presenting a lawful subpoena to the | 14 | | Department. Information and documents disclosed to a federal, | 15 | | State, county, or local law enforcement agency shall not be | 16 | | disclosed by the agency for any purpose to any other agency or | 17 | | person. A formal complaint filed against a licensee, | 18 | | registrant, or applicant by the Department or any order issued | 19 | | by the Department against a licensee, registrant, or applicant | 20 | | shall be a public record, except as otherwise prohibited by | 21 | | law.
| 22 | | (225 ILCS 37/125)
| 23 | | (Section scheduled to be repealed on January 1, 2019)
| 24 | | Sec. 125. Certification of record; costs records . The |
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| 1 | | Department shall not be required to certify a record to the | 2 | | court or file an answer in court or otherwise appear in a court | 3 | | in a judicial review proceeding, unless and until the | 4 | | Department has received from the plaintiff payment of the costs | 5 | | of furnishing and certifying the record, which costs shall be | 6 | | determined by the Department. Exhibits shall be certified | 7 | | without cost. Failure on the part of the plaintiff to file a | 8 | | receipt in court shall be grounds for dismissal of the action. | 9 | | The Department shall not be required
to certify any record to | 10 | | the court, to file any answer in court, or otherwise
appear in | 11 | | any court in a judicial review proceeding, unless there is | 12 | | filed in
the court, with the complaint, a receipt from the | 13 | | Department acknowledging
payment of the costs of furnishing and | 14 | | certifying the record. Failure on the
part of the plaintiff to | 15 | | file the receipt in court shall be grounds for
dismissal of the | 16 | | action.
| 17 | | (Source: P.A. 89-61, eff. 6-30-95 .)
| 18 | | (225 ILCS 37/130)
| 19 | | (Section scheduled to be repealed on January 1, 2019)
| 20 | | Sec. 130. Illinois Administrative Procedure Act. The | 21 | | Illinois Administrative
Procedure Act is
expressly adopted and | 22 | | incorporated in this Act as if all of the provisions of
that | 23 | | Act were included in this Act, except that the provision of | 24 | | paragraph (c)
of Section 10-65 of the Illinois Administrative | 25 | | Procedure Act, which provides that
at hearings the certificate |
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| 1 | | holder has the right to show compliance with all
lawful | 2 | | requirements for retention, continuation, or renewal of the
| 3 | | certificate, is specifically excluded. For the purpose of this | 4 | | Act, the notice
required under Section 10-25 of the Illinois | 5 | | Administrative Procedure Act is
deemed
sufficient when mailed | 6 | | or emailed to the applicant or licensee at his or her last | 7 | | known address of record or email address of record last known | 8 | | address of a party .
| 9 | | (Source: P.A. 99-642, eff. 7-28-16.)
| 10 | | (225 ILCS 37/45 rep.)
| 11 | | Section 15. The Environmental Health Practitioner | 12 | | Licensing Act is amended by repealing Section 45.
| 13 | | Section 99. Effective date. This Act takes effect upon | 14 | | becoming law.
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| 1 | |
INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | 5 ILCS 80/4.29 | | | 4 | | 5 ILCS 80/4.39 new | | | 5 | | 225 ILCS 37/10 | | | 6 | | 225 ILCS 37/11 new | | | 7 | | 225 ILCS 37/18 | | | 8 | | 225 ILCS 37/19 | | | 9 | | 225 ILCS 37/31 | | | 10 | | 225 ILCS 37/35 | | | 11 | | 225 ILCS 37/60 | | | 12 | | 225 ILCS 37/65 | | | 13 | | 225 ILCS 37/70 | | | 14 | | 225 ILCS 37/75 | | | 15 | | 225 ILCS 37/80 | | | 16 | | 225 ILCS 37/85 | | | 17 | | 225 ILCS 37/90 | | | 18 | | 225 ILCS 37/95 | | | 19 | | 225 ILCS 37/100 | | | 20 | | 225 ILCS 37/105 | | | 21 | | 225 ILCS 37/115 | | | 22 | | 225 ILCS 37/123 new | | | 23 | | 225 ILCS 37/125 | | | 24 | | 225 ILCS 37/130 | | | 25 | | 225 ILCS 37/45 rep. | |
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