Illinois General Assembly - Full Text of HB0806
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Full Text of HB0806  102nd General Assembly

HB0806eng 102ND GENERAL ASSEMBLY

  
  
  

 


 
HB0806 EngrossedLRB102 02614 SPS 12617 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Regulatory Sunset Act is amended by
5changing 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 Acts repealed on January 1, 2022.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
8Acts are repealed on January 1, 2022: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
13Disciplinary 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
18Act.
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.

 

 

HB0806 Engrossed- 2 -LRB102 02614 SPS 12617 b

1    The Real Estate Appraiser Licensing Act of 2002.
2    The Water Well and Pump Installation Contractor's License
3Act.
4(Source: P.A. 100-920, eff. 8-17-18; 101-316, eff. 8-9-19;
5101-614, 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 Act repealed on January 1, 2032.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
8Act is repealed on January 1, 2032:
9    The Detection of Deception Examiners Act.
 
10    Section 10. The Detection of Deception Examiners Act is
11amended by changing Sections 1, 7.1, 7.3, 17, and 20 and by
12adding 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14    (Section scheduled to be repealed on January 1, 2022)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
16context otherwise requires:
17    "Address of record Record" means the designated address
18recorded by the Department in the applicant's or licensee's
19application file or license file as maintained by the
20Department's licensure maintenance unit. It is the duty of the
21applicant or licensee to inform the Department of any change
22of address and those changes must be made either through the
23Department's website or by contacting the Department.

 

 

HB0806 Engrossed- 3 -LRB102 02614 SPS 12617 b

1    "Detection of Deception Examination", hereinafter referred
2to as "Examination" means any examination in which a device or
3instrument is used to test or question individuals for the
4purpose of evaluating truthfulness or untruthfulness.
5    "Email address of record" means the designated email
6address recorded by the Department in the applicant's
7application file or the licensee's license file, as maintained
8by the Department's licensure maintenance unit.
9    "Examiner" means any person licensed under this Act.
10    "Person" includes any natural person, partnership,
11association, corporation or trust.
12    "Department" means the Department of Financial and
13Professional Regulation.
14    "Law enforcement agency" means an agency of the State or a
15unit of local government that is vested by law or ordinance
16with the power to maintain public order and to enforce
17criminal laws and ordinances.
18    "Secretary" means the Secretary of Financial and
19Professional 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
24Administrative Procedure Act is hereby expressly adopted and
25incorporated herein as if all of the provisions of that Act

 

 

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1were included in this Act, except that the provision of
2subsection (d) of Section 10-65 of the Illinois Administrative
3Procedure Act that provides that at hearings the licensee has
4the right to show compliance with all lawful requirements for
5retention, continuation, or renewal of the license is
6specifically excluded. For the purposes of this Act, the
7notice required under Section 10-25 of the Illinois
8Administrative Procedure Act is deemed sufficient when mailed
9or 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
14has the authority to appoint an attorney, licensed to practice
15law in the State of Illinois, to serve as a Hearing Officer in
16any action for refusal to issue or renew a license or to
17discipline a license. The Hearing Officer has full authority
18to conduct the hearing. The appointed Detection of Deception
19Coordinator may attend hearings and advise the Hearing Officer
20on technical matters involving Detection of Deception
21examinations.
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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1All 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
13Department may investigate the actions of any applicant or any
14person or persons rendering or offering to render detection of
15deception services or any person holding or claiming to hold a
16license as a licensed examiner. The Department shall, before
17refusing to issue or renew a license or to discipline a
18licensee under Section 14, at least 30 days prior to the date
19set for the hearing, (i) notify the accused in writing of the
20charges made and the time and place for the hearing on the
21charges, (ii) direct him or her to file a written answer with
22the Department under oath within 20 days after the service of
23the notice, and (iii) inform the applicant or licensee that
24failure to file an answer will result in default being taken
25against the applicant or licensee. At the time and place fixed

 

 

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1in the notice, the Department shall proceed to hear the
2charges and the parties or their counsel shall be accorded
3ample opportunity to present any pertinent statements,
4testimony, evidence, and arguments. The Department may
5continue the hearing from time to time. In case the person,
6after receiving the notice, fails to file an answer, his or her
7license, may, in the discretion of the Department, be revoked,
8suspended, placed on probationary status, or the Department
9may take whatever disciplinary action considered proper,
10including limiting the scope, nature, or extent of the
11person's practice or the imposition of a fine, without a
12hearing, if the act or acts charged constitute sufficient
13grounds for that action under the Act. The written notice may
14be served by email, by personal delivery, or by certified mail
15to 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
20decision of the Department may have such decision reviewed
21judicially by the circuit court of the county wherein such
22person resides. If the plaintiff in the review proceeding is
23not a resident of this State, the venue shall be in Sangamon
24County. The provisions of the Administrative Review Law, and
25all amendments and modifications thereof, and the rules

 

 

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1adopted pursuant thereto, shall apply to and govern all
2proceedings for the judicial review of final administrative
3decisions of the Department hereunder. The term
4"administrative decision" is defined as in Section 3-101 of
5the Code of Civil Procedure.
6    The Department shall not be required to certify any record
7to the court or file any answer in court or otherwise appear in
8any court in a judicial Judicial review proceeding, unless and
9until the Department has received from the plaintiff payment
10of the costs of furnishing and certifying the record which
11costs shall be determined by the Department. Exhibits shall be
12certified without cost. Failure on the part of the plaintiff
13to file a receipt in court is grounds for dismissal of the
14action.
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
19amended by repealing Sections 7.2 and 16.
 
20    Section 99. Effective date. This Act takes effect January
211, 2022, except that this Section and Section 5 take effect
22upon becoming law.

 

 

HB0806 Engrossed- 8 -LRB102 02614 SPS 12617 b

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 430/1from Ch. 111, par. 2401
6    225 ILCS 430/7.1from Ch. 111, par. 2408
7    225 ILCS 430/7.3
8    225 ILCS 430/10.2 new
9    225 ILCS 430/17from Ch. 111, par. 2418
10    225 ILCS 430/20from Ch. 111, par. 2421
11    225 ILCS 430/7.2 rep.
12    225 ILCS 430/16 rep.