Full Text of HB2538 102nd General Assembly
HB2538ham001 102ND GENERAL ASSEMBLY | Rep. Denyse Wang Stoneback Filed: 1/31/2022
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| 1 | | AMENDMENT TO HOUSE BILL 2538
| 2 | | AMENDMENT NO. ______. Amend House Bill 2538 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the | 5 | | General Contractors Licensing Act. | 6 | | Section 5. Legislative intent. The intent of the General | 7 | | Assembly in enacting this Act is to evaluate the competency of | 8 | | persons engaged in general contracting and to license and | 9 | | regulate those persons for the protection of the public. | 10 | | Section 10. Definitions. As used in this Act: | 11 | | "Address of record" means the designated address recorded | 12 | | by the Department in the applicant's application file or | 13 | | licensee's licensure file as maintained by the Department. | 14 | | "Board" means the General Contractor Board. | 15 | | "Department" means the Department of Financial and |
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| 1 | | Professional Regulation. | 2 | | "Email address of record" means the designated email | 3 | | address of record by the Department in the applicant's | 4 | | application file or licensee's licensure file as maintained by | 5 | | the Department. | 6 | | "General contracting" means (i) any activity requiring a | 7 | | license under this Act; (ii) any conduct regulated by this | 8 | | Act; (iii) any activity requiring a county or municipal | 9 | | building permit; or (iv) any duty or other requirement imposed | 10 | | by this Act. | 11 | | "General contractor" means any person who, as an | 12 | | investment or for compensation or with the intent to sell or to | 13 | | lease: (i) arranges or submits a bid or offers to undertake or | 14 | | purports to have the capacity to undertake or undertakes, | 15 | | through himself, herself, or others, to erect, construct, | 16 | | alter, repair, move, install, replace, convert, remodel, | 17 | | rehabilitate, modernize, improve, or make additions to any | 18 | | building or to any appurtenance thereto attached to real | 19 | | estate and located on the same lot as the building, including, | 20 | | but not limited to, driveways, swimming pools, porches, decks, | 21 | | garages, fences, fallout shelters, and other accessory objects | 22 | | or uses; (ii) retains for himself or herself control over the | 23 | | means, method, and manner of accomplishing the desired result; | 24 | | and (iii) whose business operations, in whole or in part, | 25 | | require the hiring or supervision of one or more persons from | 26 | | any building trade or craft, including, but not limited to, |
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| 1 | | plumbing, masonry, electrical, heating, air conditioning, or | 2 | | carpentry. "General contractor" includes developers of | 3 | | conversion condominiums as defined in the Condominium Property | 4 | | Act. | 5 | | "Licensee" means any person licensed under this Act. | 6 | | "Secretary" means the Secretary of Financial and | 7 | | Professional Regulation or his or her designee, including, but | 8 | | not limited to, the Director of Professional Regulation. | 9 | | Section 15. Title. | 10 | | (a) No person shall use the title "general contractor" | 11 | | without being so licensed by the Department. | 12 | | (b) Nothing in this Act shall be construed as preventing | 13 | | or restricting the offering, advertising, or providing of | 14 | | services defined as general contracting under this Act by an | 15 | | individual not licensed under this Act. | 16 | | Section 20. Display of license. Every holder of a general | 17 | | contractor license shall display a copy of his or her license | 18 | | in a conspicuous place in his or her principal office or place | 19 | | of business and at each site at which the licensee is engaged | 20 | | in general contracting. | 21 | | Section 25. Address of record; email address of record. | 22 | | All applicants and licensees shall: | 23 | | (1) provide a valid address and email address to the
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| 1 | | Department, which shall serve as the address of record and | 2 | | email address of record, respectively, at the time of | 3 | | application for licensure or renewal of licensure; and | 4 | | (2) inform the Department of any change of address of
| 5 | | record or email address of record within 14 days after such | 6 | | change either through the Department's website or by | 7 | | contacting the Department.
| 8 | | Section 30. General Contractor Board.
| 9 | | (a) Within 90 days after the effective date of this Act, | 10 | | the Secretary shall appoint a General Contractor Board | 11 | | consisting of 9 members. Seven members shall be licensed | 12 | | general contractors, with initial appointees meeting the | 13 | | qualifications for licensure set forth in this Act as | 14 | | determined by the Department. Of the general contractors, 3 | 15 | | shall be residents of Chicago and 4 shall be residents of other | 16 | | parts of the State. In addition to the 7 general contractors, | 17 | | there shall be 2 public members of the Board. The public | 18 | | members shall be voting members and shall not be licensed | 19 | | under this Act or any other design and construction profession | 20 | | licensing Act that the Department administers.
| 21 | | (b) Board members shall serve 4-year terms, except that in | 22 | | the case of initial appointments, terms shall be staggered as | 23 | | follows: 2 members shall serve for 4 years, 3 members shall | 24 | | serve for 3 years, and 4 members shall serve for 2 years. The | 25 | | Board shall annually elect a chairperson and vice chairperson. |
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| 1 | | All board members must be residents of this State.
| 2 | | (c) Appointments to fill vacancies shall be made in the | 3 | | same manner as initial appointments.
| 4 | | (d) A majority of members of the Board shall constitute a | 5 | | quorum. A quorum is required for Board decisions.
| 6 | | (e) Members of the Board shall serve without compensation, | 7 | | but may, at the discretion of the Department, be reimbursed | 8 | | for expenses incurred in performing their duties.
| 9 | | Section 35. Powers and duties of the Board. | 10 | | (a) The Board shall hold at least one meeting each year, | 11 | | conducted in accordance with the Open Meetings Act. | 12 | | (b) The Board shall annually elect a chairperson and a | 13 | | vice chairperson who shall be general contractors. | 14 | | (c) The Department may, at any time, seek the expert | 15 | | advice and knowledge of the Board on any matter relating to the | 16 | | enforcement of this Act, including qualifications of | 17 | | applicants for licensure. | 18 | | Section 40. Powers and duties of the Department. The | 19 | | Department shall exercise, subject to the provisions of this | 20 | | Act, the following functions, powers, and duties: | 21 | | (1) Authorize examinations to ascertain the fitness | 22 | | and qualifications of applicants for licensure and pass | 23 | | upon the qualifications and fitness of applicants for | 24 | | licensure by endorsement. |
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| 1 | | (2) Adopt rules and regulations required for the
| 2 | | administration of this Act. | 3 | | (3) Conduct hearings on proceedings to refuse to
| 4 | | issue, renew, or restore licensure; to revoke or suspend | 5 | | licensure; or to place on probation or reprimand persons | 6 | | licensed under this Act. | 7 | | (4) Adopt rules to establish what constitutes an
| 8 | | approved general contractor education program. | 9 | | (5) Issue licenses to those who meet the requirements | 10 | | of this Act. | 11 | | (6) Conduct investigations related to possible | 12 | | violations of this Act. | 13 | | Section 45. Application for licensure. | 14 | | (a) Applications for licensure shall be made to the | 15 | | Department in writing on forms or electronically as prescribed | 16 | | by the Department and shall be accompanied by the required | 17 | | fee, which shall not be refundable. All applications shall | 18 | | contain information that, in the judgment of the Department, | 19 | | enables the Department to pass on the qualifications of the | 20 | | applicant for licensure as a general contractor. | 21 | | (b) Applicants have 3 years from the date of application | 22 | | to complete the application process. If the process has not | 23 | | been completed in 3 years, the application shall be denied, | 24 | | the fee shall be forfeited, and the applicant must reapply and | 25 | | meet the requirements in effect at the time of reapplication. |
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| 1 | | (c) Applicants must provide evidence that they have | 2 | | completed at least 12 hours in an approved course in dwelling | 3 | | construction within one year prior to the date of application. | 4 | | The course shall include instruction in at least the following | 5 | | subject matter and one or more tests on at least the following | 6 | | subject matter:
| 7 | | (1) construction laws;
| 8 | | (2) construction codes; | 9 | | (3) construction business practices;
| 10 | | (4) prevention of wage theft; and | 11 | | (5) selection of subcontractors. | 12 | | Section 50. License classifications.
| 13 | | (a) General contractor licenses shall be divided into | 14 | | classifications depending on the cost of the work as follows:
| 15 | | (1) Class A. The holder of a Class A license is subject | 16 | | to no limitation as to the value of any single contract | 17 | | project. The license fee for a Class A license is $2,000 | 18 | | annually.
| 19 | | (2) Class B. The holder of a Class B license is not | 20 | | entitled to engage in the construction of any single | 21 | | contract project of a value in excess of $10,000,000. The | 22 | | license fee for a Class B license is $1,000 annually.
| 23 | | (3) Class C. The holder of a Class C license is not | 24 | | entitled to engage in the construction of any single | 25 | | contract project of a value in excess of $5,000,000. The |
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| 1 | | license fee for a Class C license is $750 annually.
| 2 | | (4) Class D. The holder of a Class D license is not | 3 | | entitled to engage in the construction of any single | 4 | | contract project of a value in excess of $2,000,000. The | 5 | | license fee for a Class D license is $500 annually.
| 6 | | (5) Class E. The holder of a Class E license is not | 7 | | entitled to engage in the construction of any single | 8 | | contract project of a value in excess of $500,000. The | 9 | | license fee for a Class E license is $300 annually.
| 10 | | (b) General contractors must be licensed to perform work | 11 | | for a third party on private and commercial structures. | 12 | | Subcontractors working under the supervision of a licensed | 13 | | general contractor are not required to be licensed under this | 14 | | Act.
| 15 | | Section 55. Licensure; renewal; and restoration. | 16 | | (a) The expiration date and renewal period for each | 17 | | license issued under this Act shall be established by rule. A | 18 | | licensee may renew a license during the 2 months preceding its | 19 | | expiration date by paying the required fee. | 20 | | (b) A general contractor who has permitted his or her | 21 | | license to expire or has had his or her license placed on | 22 | | inactive status may have his or her license restored by making | 23 | | application to the Department and filing proof acceptable to | 24 | | the Department of his or her fitness to have his or her license | 25 | | restored, including, but not limited to, sworn evidence |
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| 1 | | certifying active lawful practice in another jurisdiction | 2 | | satisfactory to the Department and by paying the required fee | 3 | | as determined by rule. | 4 | | (c) A licensed general contractor whose license expired | 5 | | while engaged (1) in federal service on active duty with the | 6 | | Armed Forces of the United States or the State Militia called | 7 | | into service or training or (2) in training or education under | 8 | | the supervision of the United States preliminary to induction | 9 | | into the military service, may have a license restored or | 10 | | reinstated without paying any lapsed reinstatement, renewal, | 11 | | or restoration fees if within 2 years after termination other | 12 | | than by dishonorable discharge of such service, training, or | 13 | | education, the Department is furnished with satisfactory | 14 | | evidence that the licensee has been so engaged in the practice | 15 | | of general contracting and that such service, training, or | 16 | | education has been so terminated. | 17 | | Section 60. Inactive status. | 18 | | (a) A person licensed under this Act who notifies the | 19 | | Department in writing on forms or electronically as prescribed | 20 | | by the Department may elect to place his or her license on | 21 | | inactive status and shall, subject to rules of the Department, | 22 | | be excused from payment of renewal fees until he or she | 23 | | notifies the Department in writing on forms or electronically | 24 | | as prescribed by the Department of his or her desire to resume | 25 | | active status. |
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| 1 | | (b) Any licensee whose license is on inactive status shall | 2 | | not use the title "licensed general contractor" or "general | 3 | | contractor" in the State of Illinois. | 4 | | (c) Any licensee who uses the title "licensed general | 5 | | contractor" or "general contractor" while his or her license | 6 | | is inactive shall be considered to be using the title without a | 7 | | license, which shall be grounds for discipline under this Act. | 8 | | Section 65. Fees. The Department shall establish by rule a | 9 | | schedule of fees for the administration and maintenance of | 10 | | this Act. These fees are not refundable. | 11 | | Section 70. Disposition of funds. All of the fees | 12 | | collected as authorized under this Act shall be deposited into | 13 | | the General Professions Dedicated Fund. The moneys deposited | 14 | | into the General Professions Dedicated Fund may be used for | 15 | | the expenses of the Department in the administration of this | 16 | | Act. Moneys from the Fund may also be used for direct and | 17 | | allocable indirect costs related to the public purposes of the | 18 | | Department of Financial and Professional Regulation. Moneys in | 19 | | the Fund may be transferred to the Professions Indirect Cost | 20 | | Fund as authorized by Section 2105-300 of the Department of | 21 | | Professional Regulation Law. | 22 | | Section 75. Advertising. Any person licensed under this | 23 | | Act may advertise the availability of professional services in |
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| 1 | | the public media or on the premises where such professional | 2 | | services are rendered provided that the advertising is | 3 | | truthful and not misleading. | 4 | | Section 80. Insurance. A licensee shall carry and provide | 5 | | proof of a valid liability insurance policy insuring the | 6 | | licensee against bodily injury and property damage arising out | 7 | | of or in connection with general contracting. The Department | 8 | | shall establish the required insurance policy amounts by rule. | 9 | | Section 85. Listing. The Secretary of State shall maintain | 10 | | and make available to the public a list of licensed general | 11 | | contractors, including their license type, company name, | 12 | | address, phone number, license expiration date, primary | 13 | | insurance expiration date, and secondary insurance expiration | 14 | | date, if applicable. | 15 | | Section 90. Violation; injunction; cease and desist order. | 16 | | (a) If any person violates this Act, the Secretary may, in | 17 | | the name of the People of the State of Illinois, through the | 18 | | Attorney General of the State of Illinois or the State's | 19 | | Attorney of any county in which the action is brought, | 20 | | petition for an order enjoining such violation and for an | 21 | | order enforcing compliance with this Act. Upon the filing of a | 22 | | verified petition in court, the court may issue a temporary | 23 | | restraining order, without notice or bond, and may |
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| 1 | | preliminarily and permanently enjoin such violation. If it is | 2 | | established that such person has violated or is violating the | 3 | | injunction, the court may punish the offender for contempt of | 4 | | court. Proceedings under this Section shall be in addition to, | 5 | | and not in lieu of, all other remedies and penalties provided | 6 | | by this Act. | 7 | | (b) Whoever holds himself or herself out as a "licensed | 8 | | general contractor", "general contractor", or any other name | 9 | | or designation that would in any way imply that he or she is | 10 | | able to use the title "licensed general contractor" or | 11 | | "general contractor" without being licensed under this Act | 12 | | shall be guilty of a Class A misdemeanor, and for each | 13 | | subsequent conviction shall be guilty of a Class 4 felony. | 14 | | Section 95. Grounds for disciplinary action. | 15 | | (a) The Department may refuse to issue or to renew a | 16 | | license, or may revoke, suspend, place on probation, | 17 | | reprimand, or take other disciplinary or nondisciplinary | 18 | | action the Department may deem proper, including fines not to | 19 | | exceed $10,000 for each violation, with regard to any license | 20 | | issued under this Act, for any one or combination of the | 21 | | following reasons: | 22 | | (1) Material misstatement in furnishing information. | 23 | | (2) Negligent or intentional disregard of this Act or
| 24 | | rules adopted under this Act.
| 25 | | (3) Conviction of or plea of guilty or nolo
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| 1 | | contendere, finding of guilt, jury verdict, or entry of | 2 | | judgment or sentencing, including, but not limited to, | 3 | | convictions, preceding sentences of supervision, | 4 | | conditional discharge, or first offender probation under | 5 | | the laws of any jurisdiction of the United States that is | 6 | | (i) a felony, (ii) a misdemeanor, an essential element of | 7 | | which is dishonesty, or (iii) any crime that is directly | 8 | | related to the practice of general contracting. | 9 | | (4) Making any misrepresentations for the purpose of
| 10 | | obtaining a license. | 11 | | (5) Professional incompetence or gross negligence in
| 12 | | the rendering of general contracting services. | 13 | | (6) Aiding or assisting another person in violating
| 14 | | any provision of this Act or any rules issued pursuant to | 15 | | this Act. | 16 | | (7) Failing to provide information within 60 days in
| 17 | | response to a written request made by the Department. | 18 | | (8) Engaging in dishonorable, unethical, or
| 19 | | unprofessional conduct of a character likely to deceive, | 20 | | defraud, or harm the public. | 21 | | (9) Habitual or excessive use or abuse of drugs
| 22 | | defined by law as controlled substances, alcohol, | 23 | | narcotics, stimulants, or any other substances that | 24 | | results in the inability to practice with reasonable | 25 | | judgment, skill, or safety. | 26 | | (10) Discipline by another jurisdiction, if at least
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| 1 | | one of the grounds for the discipline is the same or | 2 | | substantially equivalent to those set forth in this | 3 | | Section. | 4 | | (11) Directly or indirectly giving to or receiving
| 5 | | from any person, firm, corporation, partnership, or | 6 | | association any fee, commission, rebate, or other form of | 7 | | compensation for any professional service not actually | 8 | | rendered. | 9 | | (12) A finding by the Department that the licensee,
| 10 | | after having the license placed on probationary status, | 11 | | has violated or failed to comply with the terms of | 12 | | probation. | 13 | | (13) A finding by the Department that the licensee
has | 14 | | failed to pay a fine imposed by the Department. | 15 | | (14) Being named as a perpetrator in an indicated
| 16 | | report by the Department of Children and Family Services | 17 | | under the Abused and Neglected Child Reporting Act, and | 18 | | upon proof by clear and convincing evidence that the | 19 | | licensee has caused a child to be an abused child or | 20 | | neglected child as defined in the Abused and Neglected | 21 | | Child Reporting Act. | 22 | | (15) Solicitation of professional services by using
| 23 | | false or misleading advertising. | 24 | | (16) Inability to practice the profession with
| 25 | | reasonable judgment, skill, or safety as a result of | 26 | | physical illness, including, but not limited to, |
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| 1 | | deterioration through the aging process, loss of motor | 2 | | skill, mental illness, or disability. | 3 | | (17) Using or attempting to use an expired, inactive,
| 4 | | suspended, or revoked license, or impersonating another | 5 | | licensee. | 6 | | (b) The Department may refuse to issue or may suspend the | 7 | | license of any person who fails to file a return, fails to pay | 8 | | the tax, penalty, or interest showing in a filed return, or | 9 | | fails to pay any final assessment of tax, penalty, or | 10 | | interest, as required by any tax Act administered by the | 11 | | Department of Revenue, until the requirements of any such tax | 12 | | Act are satisfied. | 13 | | (c) The entry of a decree by any circuit court | 14 | | establishing that any person holding a license under this Act | 15 | | is a person subject to involuntary admission under the Mental | 16 | | Health and Developmental Disabilities Code shall operate as a | 17 | | suspension of that license. That person may resume using the | 18 | | title "licensed general contractor" or "general contractor" | 19 | | only upon a finding by the Department that he or she has been | 20 | | determined to be no longer subject to involuntary admission by | 21 | | the court and meeting the requirements for restoration as | 22 | | required by this Act and its rules. | 23 | | (d) The Department may temporarily suspend a license if | 24 | | the licensee is found to be engaging in a pattern of | 25 | | substantial code violations as determined by the Department. | 26 | | (e) If the Department has cause to believe that a licensee |
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| 1 | | is insolvent, including on the basis of public complaints, the | 2 | | Department may review the financial books and records of the | 3 | | licensee.
| 4 | | (f) The Department shall not issue a license to an | 5 | | applicant whose license was revoked for any cause within the | 6 | | preceding 4 years. | 7 | | Section 100. Investigation; notice and hearing. | 8 | | (a) The Department may investigate the actions of any | 9 | | applicant or of any person holding or claiming to hold a | 10 | | license under this Act. | 11 | | (b) The Department shall, before disciplining an applicant | 12 | | or licensee, at least 30 days prior to the date set for the | 13 | | hearing, (i) notify in writing the applicant or licensee of | 14 | | the charges made and the time and place for the hearing on the | 15 | | charges, (ii) direct the applicant or licensee to file a | 16 | | written answer to the charges under oath within 20 days after | 17 | | the service of the notice, and (iii) inform the licensee or | 18 | | licensee that failure to file a written answer to the charges | 19 | | will result in a default judgment being entered against the | 20 | | applicant or licensee. | 21 | | (c) Written or electronic notice, and any notice in the | 22 | | subsequent proceeding, may be served by personal delivery, by | 23 | | email, or by mail to the applicant or licensee at his or her | 24 | | address of record or email address of record. | 25 | | (d) At the time and place fixed in the notice, the hearing |
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| 1 | | officer appointed by the Secretary shall proceed to hear the | 2 | | charges and the parties or their counsel shall be accorded | 3 | | ample opportunity to present any statement, testimony, | 4 | | evidence, and argument as may be pertinent to the charges or to | 5 | | their defense. The hearing officer may continue the hearing | 6 | | from time to time. | 7 | | (e) If the licensee or applicant, after receiving the | 8 | | notice, fails to file an answer, his or her license may, in the | 9 | | discretion of the Secretary, be suspended, revoked, placed on | 10 | | probationary status, or be subject to whatever disciplinary | 11 | | action the Secretary considers proper, including limiting the | 12 | | scope, nature, or extent of the person's practice or | 13 | | imposition of a fine, without hearing, if the act or acts | 14 | | charged constitute sufficient grounds for such action under | 15 | | this Act. | 16 | | Section 105. Record of proceedings. | 17 | | (a) The Department, at its expense, shall provide a | 18 | | certified shorthand reporter to take down the testimony and | 19 | | preserve a record of all proceedings in which a licensee may | 20 | | have their license revoked or suspended or in which the | 21 | | licensee may be placed on probationary status, reprimanded, | 22 | | fined, or subjected to other disciplinary action with | 23 | | reference to the license when a disciplinary action is | 24 | | authorized under this Act and rules issued pursuant to this | 25 | | Act. The notice of hearing, complaint, and all other documents |
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| 1 | | in the nature of pleadings and written motions filed in the | 2 | | proceedings, the transcript of the testimony, and the orders | 3 | | of the Department shall be the record of the proceedings. The | 4 | | record may be made available to any person interested in the | 5 | | hearing upon payment of the fee required by Section 2105-115 | 6 | | of the Department of Professional Regulation Law. | 7 | | (b) The Department may contract for court reporting | 8 | | services, and, if it does so, the Department shall provide the | 9 | | name and contact information for the certified shorthand | 10 | | reporter who transcribed the testimony at a hearing to any | 11 | | person interested, who may obtain a copy of the transcript of | 12 | | any proceedings at a hearing upon payment of the fee specified | 13 | | by the certified shorthand reporter. | 14 | | Section 110. Compelling testimony. Any court, upon the | 15 | | application of the Department, designated hearing officer, or | 16 | | the applicant or licensee against whom proceedings of this Act | 17 | | are pending, may enter an order requiring the attendance of | 18 | | witnesses and their testimony and the production of documents, | 19 | | papers, files, books, and records in connection with any | 20 | | hearing or investigation. The court may compel obedience to | 21 | | its order by proceedings for contempt. | 22 | | Section 115. Hearing; motion for rehearing. | 23 | | (a) The hearing officer appointed by the Secretary shall | 24 | | hear evidence in support of the formal charges and evidence |
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| 1 | | produced by the licensee. At the conclusion of the hearing, | 2 | | the hearing officer shall present to the Secretary a written | 3 | | report of his or her findings of fact, conclusions of law, and | 4 | | recommendations. | 5 | | (b) At the conclusion of the hearing, a copy of the hearing | 6 | | officer's report shall be served upon the applicant or | 7 | | licensee, either personally or as provided in this Act for the | 8 | | service of the notice of hearing. Within 20 days after such | 9 | | service, the applicant or licensee may present to the | 10 | | Department a motion, in writing, for a rehearing which shall | 11 | | specify the particular grounds for rehearing. The Department | 12 | | may respond to the motion for rehearing within 20 days after | 13 | | its service on the Department. If no motion for rehearing is | 14 | | filed, then upon the expiration of the time specified for | 15 | | filing such a motion, or upon denial of a motion for rehearing, | 16 | | the Secretary may enter an order in accordance with the | 17 | | recommendations of the hearing officer. If the applicant or | 18 | | licensee orders from the reporting service and pays for a | 19 | | transcript of the record within the time for filing a motion | 20 | | for rehearing, the 20-day period within which a motion may be | 21 | | filed shall commence upon delivery of the transcript to the | 22 | | applicant or licensee. | 23 | | (c) If the Secretary disagrees in any regard with the | 24 | | report of the hearing officer, the Secretary may issue an | 25 | | order contrary to the hearing officer's report. | 26 | | (d) If the Secretary is not satisfied that substantial |
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| 1 | | justice has been done, the Secretary may order a hearing by the | 2 | | same or another hearing officer. | 3 | | (e) At any point in any investigation or disciplinary | 4 | | proceeding provided for in this Act, both parties may agree to | 5 | | a negotiated consent order. The consent order shall be final | 6 | | upon signature of the Secretary. | 7 | | Section 120. Appointment of a hearing officer. The | 8 | | Secretary has the authority to appoint an attorney licensed to | 9 | | practice law in the State of Illinois to serve as the hearing | 10 | | officer in any action for refusal to issue, restore, or renew a | 11 | | license or to discipline an applicant or licensee. The hearing | 12 | | officer shall have full authority to conduct the hearing. | 13 | | Section 125. Order or certified copy; prima facie proof. | 14 | | An order or a certified copy thereof, over the seal of the | 15 | | Department and purporting to be signed by the Secretary, shall | 16 | | be prima facie proof that: | 17 | | (1) the signature is the genuine signature of the | 18 | | Secretary; and | 19 | | (2) the Secretary is appointed and qualified. | 20 | | Section 130. Restoration of suspended or revoked license. | 21 | | (a) At any time after the successful completion of a term | 22 | | of probation, suspension, or revocation of a license under | 23 | | this Act, the Department may restore it to the licensee unless |
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| 1 | | after an investigation and hearing the Department determines | 2 | | that restoration is not in the public interest. | 3 | | (b) If the circumstances of suspension or revocation so | 4 | | indicate, the Department may require an examination of the | 5 | | licensee prior to restoring his or her licensee. | 6 | | (c) No person whose license has been revoked as authorized | 7 | | in this Act may apply for restoration of that license until the | 8 | | time provided for in the Civil Administrative Code of | 9 | | Illinois. | 10 | | (d) A license that has been suspended or revoked shall be | 11 | | considered nonrenewed for purposes of restoration, and a | 12 | | restoration of the license from suspension or revocation must | 13 | | comply with the requirements for restoration as set forth in | 14 | | this Act and any rules adopted pursuant to this Act. | 15 | | Section 135. Surrender of license. Upon the revocation or | 16 | | suspension of any licensure, the licensee shall immediately | 17 | | surrender his or her license to the Department. If the | 18 | | licensee fails to do so, the Department has the right to seize | 19 | | the license.
| 20 | | Section 140. Administrative Review Law; venue. | 21 | | (a) All final administrative decisions of the Department | 22 | | are subject to judicial review under the Administrative Review | 23 | | Law and its rules. The term "administrative decision" is | 24 | | defined as in Section 3-101 of the Code of Civil Procedure. |
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| 1 | | (b) Proceedings for judicial review shall be commenced in | 2 | | the circuit court of the county in which the party applying for | 3 | | review resides, but if the party is not a resident of this | 4 | | State, the venue shall be in Sangamon County. | 5 | | (c) The Department shall not be required to certify any | 6 | | record to the court, file any answer in court, or to otherwise | 7 | | appear in any court in a judicial review proceeding, unless | 8 | | and until the Department has received from the plaintiff | 9 | | payment of the costs of furnishing and certifying the record, | 10 | | which costs shall be determined by the Department. | 11 | | (d) Failure on the part of the plaintiff to file a receipt | 12 | | of the plaintiff's payment to the Department as specified in | 13 | | subsection (c) of this Section in court shall be grounds for | 14 | | dismissal of the action. | 15 | | (e) During the pendency and hearing of any and all | 16 | | judicial proceedings incident to a disciplinary action, the | 17 | | sanctions imposed upon the accused by the Department shall | 18 | | remain in full force and effect. | 19 | | Section 145. Confidentiality. All information collected by | 20 | | the Department in the course of an examination or | 21 | | investigation of a licensee or applicant, including, but not | 22 | | limited to, any complaint against a licensee filed with the | 23 | | Department and information collected to investigate any such | 24 | | complaint, shall be maintained for the confidential use of the | 25 | | Department and shall not be disclosed. The Department may not |
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| 1 | | disclose the information to anyone other than law enforcement | 2 | | officials, other regulatory agencies that have an appropriate | 3 | | regulatory interest as determined by the Secretary, or a party | 4 | | presenting a lawful subpoena to the Department. Information | 5 | | and documents disclosed to a federal, State, county, or local | 6 | | law enforcement agency shall not be disclosed by the agency | 7 | | for any purpose to any other agency or person. A formal | 8 | | complaint filed against a licensee by the Department or any | 9 | | order issued by the Department against a licensee or applicant | 10 | | shall be a public record, except as otherwise prohibited by | 11 | | law. | 12 | | Section 150. Illinois Administrative Procedure Act. The | 13 | | Illinois Administrative Procedure Act is hereby expressly | 14 | | adopted and incorporated herein as if all of the provisions of | 15 | | that Act were included in this Act, except that the provision | 16 | | of subsection (d) of Section 10-65 of the Illinois | 17 | | Administrative Procedure Act that provides that at hearings | 18 | | the licensee has the right to show compliance with all lawful | 19 | | requirements for retention, continuation, or renewal of the | 20 | | license is specifically excluded. The Department shall not be | 21 | | required to annually verify email addresses as specified in | 22 | | paragraph (2) of subsection (a) of Section 10-75 of the | 23 | | Illinois Administrative Procedure Act. For the purposes of | 24 | | this Act, the notice required under Section 10-25 of the | 25 | | Illinois Administrative Procedure Act is deemed sufficient |
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| 1 | | when mailed to the address of record or emailed to the email | 2 | | address of record. | 3 | | Section 900. The Regulatory Sunset Act is amended by | 4 | | changing Section 4.38 as follows: | 5 | | (5 ILCS 80/4.38) | 6 | | Sec. 4.38. Acts repealed on January 1, 2028. The following | 7 | | Acts are repealed on January 1, 2028: | 8 | | The Acupuncture Practice Act. | 9 | | The Clinical Social Work and Social Work Practice Act. | 10 | | The Home Medical Equipment and Services Provider License | 11 | | Act. | 12 | | The General Contractors Licensing Act. | 13 | | The Illinois Petroleum Education and Marketing Act. | 14 | | The Illinois Speech-Language Pathology and Audiology | 15 | | Practice Act. | 16 | | The Interpreter for the Deaf Licensure Act of 2007. | 17 | | The Nurse Practice Act. | 18 | | The Nursing Home Administrators Licensing and Disciplinary | 19 | | Act. | 20 | | The Physician Assistant Practice Act of 1987. | 21 | | The Podiatric Medical Practice Act of 1987.
| 22 | | (Source: P.A. 100-220, eff. 8-18-17; 100-375, eff. 8-25-17; | 23 | | 100-398, eff. 8-25-17; 100-414, eff. 8-25-17; 100-453, eff. | 24 | | 8-25-17; 100-513, eff. 9-20-17; 100-525, eff. 9-22-17; |
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| 1 | | 100-530, eff. 9-22-17; 100-560, eff. 12-8-17.) | 2 | | Section 999. Effective date. This Act takes effect upon | 3 | | becoming law.".
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