Full Text of HB0806 102nd General Assembly
HB0806eng 102ND 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 | 5 | | changing Section 4.32 and by adding Section 4.41 as follows: | 6 | | (5 ILCS 80/4.32) | 7 | | Sec. 4.32. Acts repealed on January 1, 2022. The following | 8 | | Acts are repealed on January 1, 2022: | 9 | | The Boxing and Full-contact Martial Arts Act. | 10 | | The Cemetery Oversight Act. | 11 | | The Collateral Recovery Act. | 12 | | The Community Association Manager Licensing and | 13 | | Disciplinary Act. | 14 | | The Crematory Regulation Act. | 15 | | The Detection of Deception Examiners Act.
| 16 | | The Home Inspector License Act.
| 17 | | The Illinois Health Information Exchange and Technology | 18 | | Act. | 19 | | The Medical Practice Act of 1987. | 20 | | The Registered Interior Designers Act.
| 21 | | The Massage Licensing Act.
| 22 | | The Petroleum Equipment Contractors Licensing Act.
| 23 | | The Radiation Protection Act of 1990. |
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| 1 | | The Real Estate Appraiser Licensing Act of 2002. | 2 | | The Water Well and Pump Installation Contractor's License | 3 | | Act. | 4 | | (Source: P.A. 100-920, eff. 8-17-18; 101-316, eff. 8-9-19; | 5 | | 101-614, eff. 12-20-19; 101-639, eff. 6-12-20.) | 6 | | (5 ILCS 80/4.41 new) | 7 | | Sec. 4.41. Act repealed on January 1, 2032. The following | 8 | | Act is repealed on January 1, 2032: | 9 | | The Detection of Deception Examiners Act. | 10 | | Section 10. The Detection of Deception Examiners Act is | 11 | | amended by changing Sections 1, 7.1, 7.3, 17, and 20 and by | 12 | | adding Section 10.2 as follows: | 13 | | (225 ILCS 430/1) (from Ch. 111, par. 2401)
| 14 | | (Section scheduled to be repealed on January 1, 2022)
| 15 | | Sec. 1. Definitions. As used in this Act, unless the | 16 | | context otherwise
requires:
| 17 | | "Address of record Record " means the designated address | 18 | | recorded by the Department in the applicant's or licensee's | 19 | | application file or license file as maintained by the | 20 | | Department's licensure maintenance unit. It is the duty of the | 21 | | applicant or licensee to inform the Department of any change | 22 | | of address and those changes must be made either through the | 23 | | Department's website or by contacting the Department. |
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| 1 | | "Detection of Deception Examination", hereinafter referred
| 2 | | to as "Examination" means any examination in which a device or | 3 | | instrument
is used to test or question individuals for the | 4 | | purpose of evaluating
truthfulness or untruthfulness.
| 5 | | "Email address of record" means the designated email | 6 | | address recorded by the Department in the applicant's | 7 | | application file or the licensee's license file, as maintained | 8 | | by the Department's licensure maintenance unit. | 9 | | "Examiner" means any person licensed under this Act.
| 10 | | "Person" includes any natural person, partnership, | 11 | | association,
corporation or trust.
| 12 | | "Department" means the Department of Financial and | 13 | | Professional Regulation.
| 14 | | "Law enforcement agency" means an agency of the State or a | 15 | | unit of local
government that is vested by law or ordinance | 16 | | with the power to maintain public
order and to
enforce | 17 | | criminal laws and ordinances.
| 18 | | "Secretary" means the Secretary of Financial and | 19 | | Professional Regulation. | 20 | | (Source: P.A. 97-168, eff. 7-22-11.)
| 21 | | (225 ILCS 430/7.1) (from Ch. 111, par. 2408)
| 22 | | (Section scheduled to be repealed on January 1, 2022)
| 23 | | Sec. 7.1. Administrative Procedure Act. The Illinois | 24 | | Administrative
Procedure Act is hereby expressly adopted and | 25 | | incorporated herein as if all of
the provisions of that Act |
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| 1 | | were included in this Act, except that the provision
of | 2 | | subsection (d) of Section 10-65 of the Illinois Administrative | 3 | | Procedure Act
that provides that at hearings the licensee has | 4 | | the right to show compliance
with all lawful requirements for | 5 | | retention, continuation, or renewal of the
license is | 6 | | specifically excluded. For the purposes of this Act, the | 7 | | notice
required under Section 10-25 of the Illinois | 8 | | Administrative Procedure Act is deemed
sufficient when mailed | 9 | | or emailed to the last known address of a party.
| 10 | | (Source: P.A. 100-201, eff. 8-18-17.)
| 11 | | (225 ILCS 430/7.3)
| 12 | | (Section scheduled to be repealed on January 1, 2022)
| 13 | | Sec. 7.3. Appointment of a Hearing Officer. The Secretary | 14 | | has the
authority to appoint an attorney, licensed to practice | 15 | | law in the State of
Illinois, to serve as a Hearing Officer in | 16 | | any action for refusal to issue or
renew a license or to | 17 | | discipline a license. The Hearing Officer has full
authority | 18 | | to conduct the hearing. The appointed Detection of Deception
| 19 | | Coordinator may attend hearings and advise the Hearing Officer | 20 | | on technical
matters involving Detection of Deception | 21 | | examinations.
| 22 | | (Source: P.A. 97-168, eff. 7-22-11.)
| 23 | | (225 ILCS 430/10.2 new) | 24 | | Sec. 10.2. Address of record; email address of record. |
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| 1 | | All applicants and licensees shall: | 2 | | (1) provide a valid address and email address to
the | 3 | | Department, which shall serve as the address of record and | 4 | | email address of record, respectively, at the time of | 5 | | application for licensure or renewal of a license; and | 6 | | (2) inform the Department of any change of address
of | 7 | | record or email address of record within 14 days after | 8 | | such change either through the Department's website or by | 9 | | contacting the Department's licensure maintenance unit.
| 10 | | (225 ILCS 430/17) (from Ch. 111, par. 2418)
| 11 | | (Section scheduled to be repealed on January 1, 2022)
| 12 | | Sec. 17. Investigations; notice and hearing. The | 13 | | Department may investigate the actions of any applicant or any
| 14 | | person or
persons rendering or offering to render detection of | 15 | | deception services or any person holding or claiming to hold a | 16 | | license as a licensed examiner. The Department shall, before
| 17 | | refusing to issue or renew a license or to discipline a | 18 | | licensee under Section 14, at
least 30 days prior to the date | 19 | | set for the hearing, (i) notify the accused in
writing of the | 20 | | charges made and the time and place for the hearing on the | 21 | | charges, (ii) direct him or her to file a written answer with | 22 | | the
Department under
oath within 20 days after the service of | 23 | | the notice, and (iii) inform the applicant
or licensee that | 24 | | failure to file an answer will result in default being
taken | 25 | | against the applicant or licensee. At the time and place fixed |
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| 1 | | in the notice, the Department shall proceed to hear the | 2 | | charges and the parties or their counsel shall be accorded | 3 | | ample opportunity to present any pertinent statements, | 4 | | testimony, evidence, and arguments. The Department may | 5 | | continue the hearing from time to time. In case the person, | 6 | | after receiving the notice, fails to file an answer, his or her | 7 | | license, may, in the discretion of the Department, be revoked, | 8 | | suspended, placed on probationary status, or the Department | 9 | | may take whatever disciplinary action considered proper, | 10 | | including limiting the scope, nature, or extent of the | 11 | | person's practice or the imposition of a fine, without a | 12 | | hearing, if the act or acts charged constitute sufficient | 13 | | grounds for that action under the Act. The written notice may | 14 | | be served by email, by personal delivery , or by certified mail | 15 | | to the accused's address of record.
| 16 | | (Source: P.A. 97-168, eff. 7-22-11.)
| 17 | | (225 ILCS 430/20) (from Ch. 111, par. 2421)
| 18 | | (Section scheduled to be repealed on January 1, 2022)
| 19 | | Sec. 20.
Any person affected by a final administrative | 20 | | decision of the
Department may have such decision reviewed | 21 | | judicially by the circuit court
of the county wherein such | 22 | | person resides. If the plaintiff in the review
proceeding is | 23 | | not a resident of this State, the venue shall be in Sangamon
| 24 | | County. The provisions of the Administrative Review Law, and | 25 | | all amendments
and modifications thereof, and the rules |
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| 1 | | adopted pursuant thereto, shall
apply to and govern all | 2 | | proceedings for the judicial review of final administrative
| 3 | | decisions of the Department hereunder. The term | 4 | | "administrative decision"
is defined as in Section 3-101 of | 5 | | the Code of Civil Procedure.
| 6 | | The Department shall not be required to certify any record | 7 | | to the court
or file any answer in court or otherwise appear in | 8 | | any court in a judicial Judicial
review proceeding, unless and | 9 | | until the Department has received from the plaintiff payment | 10 | | of the costs of
furnishing and certifying the record which | 11 | | costs shall be determined by the Department. Exhibits shall be | 12 | | certified
without cost. Failure on the part of the plaintiff | 13 | | to file a receipt in
court is grounds for dismissal of the | 14 | | action.
| 15 | | (Source: P.A. 97-168, eff. 7-22-11.)
| 16 | | (225 ILCS 430/7.2 rep.)
| 17 | | (225 ILCS 430/16 rep.)
| 18 | | Section 15. The Detection of Deception Examiners Act is | 19 | | amended by repealing Sections 7.2 and 16.
| 20 | | Section 99. Effective date. This Act takes effect January | 21 | | 1, 2022, except that this Section and Section 5 take effect | 22 | | upon becoming law.
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| 1 | |
INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | 5 ILCS 80/4.32 | | | 4 | | 5 ILCS 80/4.41 new | | | 5 | | 225 ILCS 430/1 | from Ch. 111, par. 2401 | | 6 | | 225 ILCS 430/7.1 | from Ch. 111, par. 2408 | | 7 | | 225 ILCS 430/7.3 | | | 8 | | 225 ILCS 430/10.2 new | | | 9 | | 225 ILCS 430/17 | from Ch. 111, par. 2418 | | 10 | | 225 ILCS 430/20 | from Ch. 111, par. 2421 | | 11 | | 225 ILCS 430/7.2 rep. | | | 12 | | 225 ILCS 430/16 rep. | |
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