Full Text of HB2538 102nd General Assembly
HB2538ham002 102ND GENERAL ASSEMBLY | Rep. Denyse Wang Stoneback Filed: 2/24/2022
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| 1 | | AMENDMENT TO HOUSE BILL 2538
| 2 | | AMENDMENT NO. ______. Amend House Bill 2538, AS AMENDED, | 3 | | by replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 1. Short title. This Act may be cited as the | 6 | | General Contractors Licensing Act. | 7 | | Section 5. Legislative intent. The intent of the General | 8 | | Assembly in enacting this Act is to evaluate the competency of | 9 | | persons engaged in general contracting and to license and | 10 | | regulate those persons for the protection of the public. | 11 | | Section 10. Definitions. As used in this Act: | 12 | | "Address of record" means the designated address recorded | 13 | | by the Department in the applicant's application file or | 14 | | licensee's licensure file as maintained by the Department. | 15 | | "Board" means the General Contractor Board. |
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| 1 | | "Department" means the Department of Financial and | 2 | | Professional Regulation. | 3 | | "Email address of record" means the designated email | 4 | | address of record by the Department in the applicant's | 5 | | application file or licensee's licensure file as maintained by | 6 | | the Department. | 7 | | "General contracting" means: (i) any activity requiring a | 8 | | license under this Act; (ii) any conduct regulated by this | 9 | | Act; (iii) any activity requiring a county or municipal | 10 | | building permit; or (iv) any duty or other requirement imposed | 11 | | by this Act. | 12 | | "General contractor" means any person who, as an | 13 | | investment or for compensation or with the intent to sell or to | 14 | | lease: (i) arranges or submits a bid or offers to undertake or | 15 | | purports to have the capacity to undertake or undertakes, | 16 | | through oneself or others, to erect, construct, alter, repair, | 17 | | move, install, replace, convert, remodel, rehabilitate, | 18 | | modernize, improve, or make additions to any building or to | 19 | | any appurtenance thereto attached to real estate and located | 20 | | on the same lot as the building, including, but not limited to, | 21 | | driveways, swimming pools, porches, decks, garages, fences, | 22 | | fallout shelters, and other accessory objects or uses; (ii) | 23 | | retains for oneself control over the means, method, and manner | 24 | | of accomplishing the desired result; and (iii) whose business | 25 | | operations, in whole or in part, require the hiring or | 26 | | supervision of one or more persons from any building trade or |
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| 1 | | craft, including, but not limited to, plumbing, masonry, | 2 | | electrical, heating, air conditioning, or carpentry. "General | 3 | | contractor" includes developers of conversion condominiums as | 4 | | defined in the Condominium Property Act. "General contractor" | 5 | | does not include a person or business that only engages in a | 6 | | specific building trade or craft or a combination of specific | 7 | | building trades or crafts, such as an electrician, plumbing, | 8 | | or heating and air conditioning business, provides services | 9 | | directly to consumers, does not subcontract any work, and is | 10 | | not otherwise engaged in construction or remodeling of any | 11 | | structure. "General contractor" does not include a homeowner | 12 | | performing work on the homeowner's primary residence or a | 13 | | landscape architect. | 14 | | "Licensee" means any person licensed under this Act. | 15 | | "Secretary" means the Secretary of Financial and | 16 | | Professional Regulation or the Secretary's designee, | 17 | | including, but not limited to, the Director of Professional | 18 | | Regulation. | 19 | | Section 15. Title. | 20 | | (a) No person shall use the title "general contractor" | 21 | | without being so licensed by the Department. | 22 | | (b) Nothing in this Act shall be construed as preventing | 23 | | or restricting the offering, advertising, or providing of | 24 | | services defined as general contracting under this Act by an | 25 | | individual not licensed under this Act. |
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| 1 | | Section 20. Display of license. Every holder of a general | 2 | | contractor license shall display a copy of the licensee's | 3 | | license in a conspicuous place in the licensee's principal | 4 | | office or place of business and at each site at which the | 5 | | licensee is engaged in general contracting. | 6 | | Section 25. Address of record; email address of record. | 7 | | All applicants and licensees shall: | 8 | | (1) provide a valid address and email address to the
| 9 | | Department, which shall serve as the address of record and | 10 | | email address of record, respectively, at the time of | 11 | | application for licensure or renewal of licensure; and | 12 | | (2) inform the Department of any change of address of
| 13 | | record or email address of record within 14 days after the | 14 | | change either through the Department's website or by | 15 | | contacting the Department.
| 16 | | Section 30. General Contractor Board.
| 17 | | (a) Within 90 days after the effective date of this Act, | 18 | | the Secretary shall appoint a General Contractor Board | 19 | | consisting of 9 members. Seven members shall be licensed | 20 | | general contractors, with initial appointees meeting the | 21 | | qualifications for licensure set forth in this Act as | 22 | | determined by the Department. Of the general contractors, 3 | 23 | | shall be residents of Chicago and 4 shall be residents of other |
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| 1 | | parts of the State. In addition to the 7 general contractors, | 2 | | there shall be 2 public members of the Board. The public | 3 | | members shall be voting members and shall not be licensed | 4 | | under this Act or any other design and construction profession | 5 | | licensing Act that the Department administers.
| 6 | | (b) Board members shall serve 4-year terms, except that in | 7 | | the case of initial appointments, terms shall be staggered as | 8 | | follows: 2 members shall serve for 4 years, 3 members shall | 9 | | serve for 3 years, and 4 members shall serve for 2 years. The | 10 | | Board shall annually elect a chairperson and vice chairperson. | 11 | | All board members must be residents of this State.
| 12 | | (c) Appointments to fill vacancies shall be made in the | 13 | | same manner as initial appointments.
| 14 | | (d) A majority of members of the Board shall constitute a | 15 | | quorum. A quorum is required for Board decisions.
| 16 | | (e) Members of the Board shall serve without compensation, | 17 | | but, at the discretion of the Department, may be reimbursed | 18 | | for expenses incurred in performing their duties.
| 19 | | (f) Board members are not liable for acts, omissions, | 20 | | decisions, or other conduct in connection with the duties of | 21 | | the Board, except those determined to be willful, wanton, or | 22 | | intentional misconduct. | 23 | | Section 35. Powers and duties of the Board. | 24 | | (a) The Board shall hold at least one meeting each year, | 25 | | conducted in accordance with the Open Meetings Act. |
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| 1 | | (b) The Board shall annually elect a chairperson and a | 2 | | vice chairperson who shall be general contractors. | 3 | | (c) The Department may, at any time, seek the expert | 4 | | advice and knowledge of the Board on any matter relating to the | 5 | | enforcement of this Act, including qualifications of | 6 | | applicants for licensure. | 7 | | Section 40. Powers and duties of the Department. The | 8 | | Department shall exercise, subject to the provisions of this | 9 | | Act, the following functions, powers, and duties: | 10 | | (1) Authorize examinations to ascertain the fitness | 11 | | and qualifications of applicants for licensure and pass | 12 | | upon the qualifications and fitness of applicants for | 13 | | licensure by endorsement. | 14 | | (2) Adopt rules required for the
administration of | 15 | | this Act. | 16 | | (3) Conduct hearings on proceedings to refuse to
| 17 | | issue, renew, or restore licensure; to revoke or suspend | 18 | | licensure; or to place on probation or reprimand persons | 19 | | licensed under this Act. | 20 | | (4) Adopt rules to establish what constitutes an
| 21 | | approved general contractor education program. | 22 | | (5) Issue licenses to those who meet the requirements | 23 | | of this Act. | 24 | | (6) Conduct investigations related to possible | 25 | | violations of this Act. |
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| 1 | | Section 45. Application for licensure. | 2 | | (a) Applications for licensure shall be made to the | 3 | | Department in writing on forms or electronically as prescribed | 4 | | by the Department and shall be accompanied by the required | 5 | | fee, which shall not be refundable. All applications shall | 6 | | contain information that, in the judgment of the Department, | 7 | | enables the Department to pass on the qualifications of the | 8 | | applicant for licensure as a general contractor. | 9 | | (b) Applicants have 3 years from the date of application | 10 | | to complete the application process. If the process has not | 11 | | been completed in 3 years, the application shall be denied, | 12 | | the fee shall be forfeited, and the applicant must reapply and | 13 | | meet the requirements in effect at the time of reapplication. | 14 | | (c) Applicants must provide evidence that they have | 15 | | completed at least 12 hours in an approved course in dwelling | 16 | | construction within one year prior to the date of application. | 17 | | The course shall include instruction in at least the following | 18 | | subjects and one or more tests on at least the following:
| 19 | | (1) construction laws;
| 20 | | (2) construction codes; | 21 | | (3) construction business practices;
| 22 | | (4) prevention of wage theft; and | 23 | | (5) selection of subcontractors. | 24 | | Section 50. License classifications.
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| 1 | | (a) General contractor licenses shall be divided into | 2 | | classifications depending on the cost of the work as follows:
| 3 | | (1) Class A. The holder of a Class A license is subject | 4 | | to no limitation as to the value of any single contract | 5 | | project. | 6 | | (2) Class B. The holder of a Class B license is not | 7 | | entitled to engage in the construction of any single | 8 | | contract project of a value in excess of $10,000,000. | 9 | | (3) Class C. The holder of a Class C license is not | 10 | | entitled to engage in the construction of any single | 11 | | contract project of a value in excess of $5,000,000. | 12 | | (4) Class D. The holder of a Class D license is not | 13 | | entitled to engage in the construction of any single | 14 | | contract project of a value in excess of $2,000,000. | 15 | | (5) Class E. The holder of a Class E license is not | 16 | | entitled to engage in the construction of any single | 17 | | contract project of a value in excess of $500,000. | 18 | | (b) General contractors must be licensed to perform work | 19 | | for a third party on private and commercial structures. | 20 | | Subcontractors working under the supervision of a licensed | 21 | | general contractor are not required to be licensed under this | 22 | | Act.
| 23 | | Section 55. Licensure; renewal; and restoration. | 24 | | (a) The expiration date and renewal period for each | 25 | | license issued under this Act shall be established by rule. A |
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| 1 | | licensee may renew a license during the 2 months preceding its | 2 | | expiration date by paying the required fee. | 3 | | (b) A general contractor who has permitted the general | 4 | | contractor's license to expire or has had the license placed | 5 | | on inactive status may have the license restored by making | 6 | | application to the Department and filing proof acceptable to | 7 | | the Department of the general contractor's fitness to have the | 8 | | license restored, including, but not limited to, sworn | 9 | | evidence certifying active lawful practice in another | 10 | | jurisdiction satisfactory to the Department and by paying the | 11 | | required fee as determined by rule. | 12 | | (c) A licensed general contractor whose license expired | 13 | | while engaged (i) in federal service on active duty with the | 14 | | Armed Forces of the United States or the State Militia called | 15 | | into service or training or (ii) in training or education | 16 | | under the supervision of the United States preliminary to | 17 | | induction into the military service, may have a license | 18 | | restored or reinstated without paying any lapsed | 19 | | reinstatement, renewal, or restoration fees if within 2 years | 20 | | after termination other than by dishonorable discharge of the | 21 | | service, training, or education, the Department is furnished | 22 | | with satisfactory evidence that the licensee has been so | 23 | | engaged in the practice of general contracting and that the | 24 | | service, training, or education has been so terminated. | 25 | | Section 60. Inactive status. |
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| 1 | | (a) A person licensed under this Act who notifies the | 2 | | Department in writing on forms or electronically as prescribed | 3 | | by the Department may elect to place the person's license on | 4 | | inactive status and, subject to rules of the Department, shall | 5 | | be excused from payment of renewal fees until the person | 6 | | notifies the Department in writing on forms or electronically | 7 | | as prescribed by the Department of the person's desire to | 8 | | resume active status. | 9 | | (b) Any licensee whose license is on inactive status shall | 10 | | not use the title "licensed general contractor" or "general | 11 | | contractor" in this State. | 12 | | (c) Any licensee who uses the title "licensed general | 13 | | contractor" or "general contractor" while the licensee's | 14 | | license is inactive shall be considered to be using the title | 15 | | without a license, which shall be grounds for discipline under | 16 | | this Act. | 17 | | Section 65. Fees. The fees for the administration and | 18 | | enforcement of this Act, including, but not limited to, fees | 19 | | for original licensure, renewal, and restoration, shall be | 20 | | established by the Department by rule. The fees shall not be | 21 | | refundable. | 22 | | Section 70. Disposition of funds. All of the fees | 23 | | collected as authorized under this Act shall be deposited into | 24 | | the General Professions Dedicated Fund. The money deposited |
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| 1 | | into the General Professions Dedicated Fund may be used for | 2 | | the expenses of the Department in the administration of this | 3 | | Act. Money from the Fund may also be used for direct and | 4 | | allocable indirect costs related to the public purposes of the | 5 | | Department of Financial and Professional Regulation. Money in | 6 | | the Fund may be transferred to the Professions Indirect Cost | 7 | | Fund as authorized by Section 2105-300 of the Department of | 8 | | Professional Regulation Law. | 9 | | Section 75. Advertising. Any person licensed under this | 10 | | Act may advertise the availability of professional services in | 11 | | the public media or on the premises where the professional | 12 | | services are rendered so long as the advertising is truthful | 13 | | and not misleading. | 14 | | Section 80. Insurance. A licensee shall carry and provide | 15 | | proof of a valid liability insurance policy insuring the | 16 | | licensee against bodily injury and property damage arising out | 17 | | of or in connection with general contracting. The Department | 18 | | shall establish the required insurance policy amounts by rule. | 19 | | Section 85. Listing. The Secretary of State shall maintain | 20 | | and make available to the public a list of licensed general | 21 | | contractors, including license type, company name, address, | 22 | | phone number, license expiration date, primary insurance | 23 | | expiration date, and secondary insurance expiration date, if |
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| 1 | | applicable. | 2 | | Section 90. Violation; injunction; cease and desist order. | 3 | | (a) If any person violates this Act, the Secretary may, in | 4 | | the name of the People of the State of Illinois, through the | 5 | | Attorney General or the State's Attorney of any county in | 6 | | which the action is brought, petition for an order enjoining | 7 | | the violation and for an order enforcing compliance with this | 8 | | Act. Upon the filing of a verified petition in court, the court | 9 | | may issue a temporary restraining order, without notice or | 10 | | bond, and may preliminarily and permanently enjoin the | 11 | | violation. If it is established that the person has violated | 12 | | or is violating the injunction, the court may punish the | 13 | | offender for contempt of court. Proceedings under this Section | 14 | | shall be in addition to, and not in lieu of, all other remedies | 15 | | and penalties provided by this Act. | 16 | | (b) Whoever holds oneself out as a "licensed general | 17 | | contractor", "general contractor", or any other name or | 18 | | designation that would in any way imply that the person is able | 19 | | to use the title "licensed general contractor" or "general | 20 | | contractor" without being licensed under this Act shall be | 21 | | guilty of a Class A misdemeanor, and for each subsequent | 22 | | conviction shall be guilty of a Class 4 felony. | 23 | | Section 95. Grounds for disciplinary action. | 24 | | (a) The Department may refuse to issue or to renew a |
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| 1 | | license, or may revoke, suspend, place on probation, | 2 | | reprimand, or take other disciplinary or nondisciplinary | 3 | | action the Department may deem proper, including fines not to | 4 | | exceed $10,000 for each violation, with regard to any license | 5 | | issued under this Act, for any one or combination of the | 6 | | following reasons: | 7 | | (1) Material misstatement in furnishing information. | 8 | | (2) Negligent or intentional disregard of this Act or
| 9 | | rules adopted under this Act.
| 10 | | (3) Conviction of or plea of guilty or nolo
| 11 | | contendere, finding of guilt, jury verdict, or entry of | 12 | | judgment or sentencing, including, but not limited to, | 13 | | convictions, preceding sentences of supervision, | 14 | | conditional discharge, or first offender probation under | 15 | | the laws of any jurisdiction of the United States that is | 16 | | (i) a felony, (ii) a misdemeanor, an essential element of | 17 | | which is dishonesty, or (iii) any crime that is directly | 18 | | related to the practice of general contracting. | 19 | | (4) Making any misrepresentations for the purpose of
| 20 | | obtaining a license. | 21 | | (5) Professional incompetence or gross negligence in
| 22 | | the rendering of general contracting services. | 23 | | (6) Aiding or assisting another person in violating
| 24 | | any provision of this Act or any rules issued pursuant to | 25 | | this Act. | 26 | | (7) Failing to provide information within 60 days in
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| 1 | | response to a written request made by the Department. | 2 | | (8) Engaging in dishonorable, unethical, or
| 3 | | unprofessional conduct of a character likely to deceive, | 4 | | defraud, or harm the public. | 5 | | (9) Habitual or excessive use or abuse of drugs
| 6 | | defined by law as controlled substances, alcohol, | 7 | | narcotics, stimulants, or any other substances that | 8 | | results in the inability to practice with reasonable | 9 | | judgment, skill, or safety. | 10 | | (10) Discipline by another jurisdiction, if at least
| 11 | | one of the grounds for the discipline is the same or | 12 | | substantially equivalent to those set forth in this | 13 | | Section. | 14 | | (11) Directly or indirectly giving to or receiving
| 15 | | from any person, firm, corporation, partnership, or | 16 | | association any fee, commission, rebate, or other form of | 17 | | compensation for any professional service not actually | 18 | | rendered. | 19 | | (12) A finding by the Department that the licensee,
| 20 | | after having the license placed on probationary status, | 21 | | has violated or failed to comply with the terms of | 22 | | probation. | 23 | | (13) A finding by the Department that the licensee
has | 24 | | failed to pay a fine imposed by the Department. | 25 | | (14) Being named as a perpetrator in an indicated
| 26 | | report by the Department of Children and Family Services |
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| 1 | | under the Abused and Neglected Child Reporting Act, and | 2 | | upon proof by clear and convincing evidence that the | 3 | | licensee has caused a child to be an abused child or | 4 | | neglected child as defined in the Abused and Neglected | 5 | | Child Reporting Act. | 6 | | (15) Solicitation of professional services by using
| 7 | | false or misleading advertising. | 8 | | (16) Inability to practice the profession with
| 9 | | reasonable judgment, skill, or safety as a result of | 10 | | physical illness, including, but not limited to, | 11 | | deterioration through the aging process, loss of motor | 12 | | skill, mental illness, or disability. | 13 | | (17) Using or attempting to use an expired, inactive,
| 14 | | suspended, or revoked license, or impersonating another | 15 | | licensee. | 16 | | (b) The Department may refuse to issue or may suspend the | 17 | | license of any person who fails to file a tax return, fails to | 18 | | pay the tax, penalty, or interest showing in a filed tax | 19 | | return, or fails to pay any final assessment of tax, penalty, | 20 | | or interest, as required by any tax Act administered by the | 21 | | Department of Revenue, until the requirements of the tax Act | 22 | | are satisfied. | 23 | | (c) The entry of a decree by any circuit court | 24 | | establishing that any person holding a license under this Act | 25 | | is a person subject to involuntary admission under the Mental | 26 | | Health and Developmental Disabilities Code shall operate as a |
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| 1 | | suspension of that license. That person may resume using the | 2 | | title "licensed general contractor" or "general contractor" | 3 | | only upon a finding by the Department that the person has been | 4 | | determined to be no longer subject to involuntary admission by | 5 | | the court and meeting the requirements for restoration as | 6 | | required by this Act and its rules. | 7 | | (d) The Department may temporarily suspend a license if | 8 | | the licensee is found to be engaging in a pattern of | 9 | | substantial code violations as determined by the Department. | 10 | | (e) If the Department has cause to believe that a licensee | 11 | | is insolvent, including on the basis of public complaints, the | 12 | | Department may review the financial books and records of the | 13 | | licensee.
| 14 | | (f) The Department shall not issue a license to an | 15 | | applicant whose license was revoked for any cause within the | 16 | | preceding 4 years. | 17 | | Section 100. Investigation; notice and hearing. | 18 | | (a) The Department may investigate the actions of any | 19 | | applicant or of any person holding or claiming to hold a | 20 | | license under this Act. | 21 | | (b) The Department shall, before disciplining an applicant | 22 | | or licensee, at least 30 days prior to the date set for the | 23 | | hearing, (i) notify in writing the applicant or licensee of | 24 | | the charges made and the time and place for the hearing on the | 25 | | charges, (ii) direct the applicant or licensee to file a |
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| 1 | | written answer to the charges under oath within 20 days after | 2 | | the service of the notice, and (iii) inform the applicant or | 3 | | licensee that the failure to file a written answer to the | 4 | | charges will result in a default judgment being entered | 5 | | against the applicant or licensee. | 6 | | (c) Written or electronic notice, and any notice in the | 7 | | subsequent proceeding, may be served by personal delivery, by | 8 | | email, or by mail to the applicant or licensee at the | 9 | | applicant's or licensee's address of record or email address | 10 | | of record. | 11 | | (d) At the time and place fixed in the notice, the hearing | 12 | | officer appointed by the Secretary shall proceed to hear the | 13 | | charges and the parties or the parties' counsel shall be | 14 | | accorded ample opportunity to present any statement, | 15 | | testimony, evidence, and argument as may be pertinent to the | 16 | | charges or to their defense. The hearing officer may continue | 17 | | the hearing from time to time. | 18 | | (e) If the applicant or licensee, after receiving the | 19 | | notice, fails to file an answer, the license, in the | 20 | | discretion of the Secretary, may be suspended, revoked, placed | 21 | | on probationary status, or be subject to whatever disciplinary | 22 | | action the Secretary considers proper, including limiting the | 23 | | scope, nature, or extent of the person's practice or | 24 | | imposition of a fine, without hearing, if the act or acts | 25 | | charged constitute sufficient grounds for action under this | 26 | | Act. |
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| 1 | | Section 105. Record of proceedings. | 2 | | (a) The Department, at its expense, shall provide a | 3 | | certified shorthand reporter to take down the testimony and | 4 | | preserve a record of all proceedings in which a licensee may | 5 | | have the licensee's license revoked or suspended or in which | 6 | | the licensee may be placed on probationary status, | 7 | | reprimanded, fined, or subjected to other disciplinary action | 8 | | with reference to the license when a disciplinary action is | 9 | | authorized under this Act and rules issued pursuant to this | 10 | | Act. The notice of hearing, complaint, and all other documents | 11 | | in the nature of pleadings and written motions filed in the | 12 | | proceedings, the transcript of the testimony, and the orders | 13 | | of the Department shall be the record of the proceedings. The | 14 | | record may be made available to any person interested in the | 15 | | hearing upon payment of the fee required by Section 2105-115 | 16 | | of the Department of Professional Regulation Law. | 17 | | (b) The Department may contract for court reporting | 18 | | services, and, if it does so, the Department shall provide the | 19 | | name and contact information for the certified shorthand | 20 | | reporter who transcribed the testimony at a hearing to any | 21 | | person interested, who may obtain a copy of the transcript of | 22 | | any proceedings at a hearing upon payment of the fee specified | 23 | | by the certified shorthand reporter. | 24 | | Section 110. Compelling testimony. Any court, upon the |
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| 1 | | application of the Department, designated hearing officer, or | 2 | | the applicant or licensee against whom proceedings of this Act | 3 | | are pending, may enter an order requiring the attendance of | 4 | | witnesses and the witnesses' testimony and the production of | 5 | | documents, papers, files, books, and records in connection | 6 | | with any hearing or investigation. The court may compel | 7 | | obedience to its order by proceedings for contempt. | 8 | | Section 115. Hearing; motion for rehearing. | 9 | | (a) The hearing officer appointed by the Secretary shall | 10 | | hear evidence in support of the formal charges and evidence | 11 | | produced by the licensee. At the conclusion of the hearing, | 12 | | the hearing officer shall present to the Secretary a written | 13 | | report of the hearing officer's findings of fact, conclusions | 14 | | of law, and recommendations. | 15 | | (b) At the conclusion of the hearing, a copy of the hearing | 16 | | officer's report shall be served upon the applicant or | 17 | | licensee, either personally or as provided in this Act for the | 18 | | service of the notice of hearing. Within 20 days after such | 19 | | service, the applicant or licensee may present to the | 20 | | Department a motion, in writing, for a rehearing which shall | 21 | | specify the particular grounds for rehearing. The Department | 22 | | may respond to the motion for rehearing within 20 days after | 23 | | its service on the Department. If no motion for rehearing is | 24 | | filed, then upon the expiration of the time specified for | 25 | | filing such a motion, or upon denial of a motion for rehearing, |
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| 1 | | the Secretary may enter an order in accordance with the | 2 | | recommendations of the hearing officer. If the applicant or | 3 | | licensee orders from the reporting service and pays for a | 4 | | transcript of the record within the time for filing a motion | 5 | | for rehearing, the 20-day period within which a motion may be | 6 | | filed shall commence upon delivery of the transcript to the | 7 | | applicant or licensee. | 8 | | (c) If the Secretary disagrees in any regard with the | 9 | | report of the hearing officer, the Secretary may issue an | 10 | | order contrary to the hearing officer's report. | 11 | | (d) If the Secretary is not satisfied that substantial | 12 | | justice has been done, the Secretary may order a hearing by the | 13 | | same or another hearing officer. | 14 | | (e) At any point in any investigation or disciplinary | 15 | | proceeding provided for in this Act, both parties may agree to | 16 | | a negotiated consent order. The consent order shall be final | 17 | | upon signature of the Secretary. | 18 | | Section 120. Appointment of a hearing officer. The | 19 | | Secretary has the authority to appoint an attorney licensed to | 20 | | practice law in this State to serve as the hearing officer in | 21 | | any action for refusal to issue, restore, or renew a license or | 22 | | to discipline an applicant or licensee. The hearing officer | 23 | | shall have full authority to conduct the hearing. | 24 | | Section 125. Order or certified copy; prima facie proof. |
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| 1 | | An order or a certified copy thereof, over the seal of the | 2 | | Department and purporting to be signed by the Secretary, shall | 3 | | be prima facie proof that: | 4 | | (1) the signature is the genuine signature of the | 5 | | Secretary; and | 6 | | (2) the Secretary is appointed and qualified. | 7 | | Section 130. Restoration of suspended or revoked license. | 8 | | (a) At any time after the successful completion of a term | 9 | | of probation, suspension, or revocation of a license under | 10 | | this Act, the Department may restore the license to the | 11 | | licensee unless after an investigation and hearing the | 12 | | Department determines that restoration is not in the public | 13 | | interest. | 14 | | (b) If the circumstances of suspension or revocation so | 15 | | indicate, the Department may require an examination of the | 16 | | licensee prior to restoring the licensee. | 17 | | (c) No person whose license has been revoked as authorized | 18 | | in this Act may apply for restoration of that license until the | 19 | | time provided for in the Civil Administrative Code of | 20 | | Illinois. | 21 | | (d) A license that has been suspended or revoked shall be | 22 | | considered nonrenewed for purposes of restoration, and a | 23 | | restoration of the license from suspension or revocation must | 24 | | comply with the requirements for restoration as set forth in | 25 | | this Act and any rules adopted pursuant to this Act. |
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| 1 | | Section 135. Surrender of license. Upon the revocation or | 2 | | suspension of any licensure, the licensee shall immediately | 3 | | surrender the licensee's license to the Department. If the | 4 | | licensee fails to do so, the Department has the right to seize | 5 | | the license.
| 6 | | Section 140. Administrative Review Law; venue. | 7 | | (a) All final administrative decisions of the Department | 8 | | are subject to judicial review under the Administrative Review | 9 | | Law and its rules. "Administrative decision" has the same | 10 | | meaning as in Section 3-101 of the Code of Civil Procedure. | 11 | | (b) Proceedings for judicial review shall be commenced in | 12 | | the circuit court of the county in which the party applying for | 13 | | review resides, but if the party is not a resident of this | 14 | | State, the venue shall be in Sangamon County. | 15 | | (c) The Department shall not be required to certify any | 16 | | record to the court, file any answer in court, or to otherwise | 17 | | appear in any court in a judicial review proceeding, unless | 18 | | and until the Department has received from the plaintiff | 19 | | payment of the costs of furnishing and certifying the record, | 20 | | which costs shall be determined by the Department. | 21 | | (d) The failure on the part of the plaintiff to file a | 22 | | receipt of the plaintiff's payment to the Department as | 23 | | specified in subsection (c) in court shall be grounds for | 24 | | dismissal of the action. |
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| 1 | | (e) During the pendency and hearing of any and all | 2 | | judicial proceedings incident to a disciplinary action, the | 3 | | sanctions imposed upon the accused by the Department shall | 4 | | remain in full force and effect. | 5 | | Section 145. Confidentiality. All information collected by | 6 | | the Department in the course of an examination or | 7 | | investigation of a licensee or applicant, including, but not | 8 | | limited to, any complaint against a licensee or applicant | 9 | | filed with the Department and information collected to | 10 | | investigate any complaint, shall be maintained for the | 11 | | confidential use of the Department and shall not be disclosed. | 12 | | The Department may not disclose the information to anyone | 13 | | other than law enforcement officials, other regulatory | 14 | | agencies that have an appropriate regulatory interest as | 15 | | determined by the Secretary, or a party presenting a lawful | 16 | | subpoena to the Department. Information and documents | 17 | | disclosed to a federal, State, county, or local law | 18 | | enforcement agency shall not be disclosed by the agency for | 19 | | any purpose to any other agency or person. A formal complaint | 20 | | filed against a licensee or applicant by the Department or any | 21 | | order issued by the Department against a licensee or applicant | 22 | | shall be a public record, except as otherwise prohibited by | 23 | | law. | 24 | | Section 150. Illinois Administrative Procedure Act. The |
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| 1 | | Illinois Administrative Procedure Act is hereby expressly | 2 | | adopted and incorporated herein as if all of the provisions of | 3 | | that Act were included in this Act, except that the provision | 4 | | of subsection (d) of Section 10-65 of the Illinois | 5 | | Administrative Procedure Act that provides that at hearings | 6 | | the licensee has the right to show compliance with all lawful | 7 | | requirements for retention, continuation, or renewal of the | 8 | | license is specifically excluded. The Department shall not be | 9 | | required to annually verify email addresses as specified in | 10 | | paragraph (2) of subsection (a) of Section 10-75 of the | 11 | | Illinois Administrative Procedure Act. For the purposes of | 12 | | this Act, the notice required under Section 10-25 of the | 13 | | Illinois Administrative Procedure Act is deemed sufficient | 14 | | when mailed to the address of record or emailed to the email | 15 | | address of record. | 16 | | Section 900. The Regulatory Sunset Act is amended by | 17 | | changing Section 4.38 as follows: | 18 | | (5 ILCS 80/4.38) | 19 | | Sec. 4.38. Acts repealed on January 1, 2028. The following | 20 | | Acts are repealed on January 1, 2028: | 21 | | The Acupuncture Practice Act. | 22 | | The Clinical Social Work and Social Work Practice Act. | 23 | | The Home Medical Equipment and Services Provider License | 24 | | Act. |
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| 1 | | The General Contractors Licensing Act. | 2 | | The Illinois Petroleum Education and Marketing Act. | 3 | | The Illinois Speech-Language Pathology and Audiology | 4 | | Practice Act. | 5 | | The Interpreter for the Deaf Licensure Act of 2007. | 6 | | The Nurse Practice Act. | 7 | | The Nursing Home Administrators Licensing and Disciplinary | 8 | | Act. | 9 | | The Physician Assistant Practice Act of 1987. | 10 | | The Podiatric Medical Practice Act of 1987.
| 11 | | (Source: P.A. 100-220, eff. 8-18-17; 100-375, eff. 8-25-17; | 12 | | 100-398, eff. 8-25-17; 100-414, eff. 8-25-17; 100-453, eff. | 13 | | 8-25-17; 100-513, eff. 9-20-17; 100-525, eff. 9-22-17; | 14 | | 100-530, eff. 9-22-17; 100-560, eff. 12-8-17.) | 15 | | Section 999. Effective date. This Act takes effect upon | 16 | | becoming law.".
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