Full Text of SB1384 96th General Assembly
SB1384enr 96TH GENERAL ASSEMBLY
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| AN ACT concerning regulation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Regulatory Sunset Act is amended by changing | 5 |
| Section 4.20 and by adding Section 4.30 as follows:
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| (5 ILCS 80/4.20)
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| Sec. 4.20. Acts repealed on January 1, 2010 and December | 8 |
| 31, 2010.
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| (a) The following Acts are repealed on January 1, 2010:
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| The Auction License Act.
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| The Illinois Architecture Practice Act of 1989.
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| The Illinois Landscape Architecture Act of 1989.
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| The Illinois Professional Land Surveyor Act of 1989.
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| The Land Sales Registration Act of 1999.
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| The Orthotics, Prosthetics, and Pedorthics Practice | 16 |
| Act.
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| The Perfusionist Practice Act.
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| The Professional Engineering Practice Act of 1989.
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| The Real Estate License Act of 2000.
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| The Structural Engineering Practice Act of 1989.
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| (b) The following Act is repealed on December 31, 2010: | 22 |
| The Medical Practice Act of 1987. | 23 |
| (Source: P.A. 95-1018, eff. 12-18-08.)
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| (5 ILCS 80/4.30 new) | 2 |
| Sec. 4.30. Act repealed on January 1, 2020. The following | 3 |
| Acts are repealed on January 1, 2020: | 4 |
| The Illinois Professional Land Surveyor Act of 1989. | 5 |
| The Professional Engineering Practice Act of 1989. | 6 |
| Section 10. The Professional Engineering Practice Act of | 7 |
| 1989 is amended by changing Sections 3, 4, 5, 6, 7, 8, 9, 10, | 8 |
| 11, 14, 16, 17, 19, 21, 24, 26, 29, 31, 32, 33, 34, 36, 42 and | 9 |
| 43 and by adding Section 27.5 as follows:
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| (225 ILCS 325/3) (from Ch. 111, par. 5203)
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| (Section scheduled to be repealed on January 1, 2010)
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| Sec. 3. Application of the Act; Exemptions.
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| (a) Nothing in this Act shall be construed to prevent the | 14 |
| practice of
structural engineering as defined in the Structural
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| Engineering Practice Act of 1989 or the practice of
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| architecture
as defined in the Illinois Architecture Practice | 17 |
| Act of 1989 or the
regular and customary practice of | 18 |
| construction contracting and construction
management as | 19 |
| performed by construction contractors.
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| (b) Nothing in this Act shall be construed to prevent the | 21 |
| regular and customary practice of a private alarm contractor | 22 |
| licensed pursuant to the Private Detective, Private Alarm, | 23 |
| Private Security, Fingerprint Vendor, and Locksmith Act of |
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| 2004. | 2 |
| (c) Nothing in this Act shall be construed to prevent a | 3 |
| fire sprinkler contractor licensed under the Fire Sprinkler | 4 |
| Contractor Licensing Act from providing fire protection system | 5 |
| layout documents. For the purpose of this subsection (c), "fire | 6 |
| protection system layout documents" means layout drawings, | 7 |
| catalog information on standard products, and other | 8 |
| construction data that provide detail on the location of | 9 |
| risers, cross mains, branch lines, sprinklers, piping per | 10 |
| applicable standard, and hanger locations. Fire protection | 11 |
| system layout documents serve as a guide for fabrication and | 12 |
| installation of a fire sprinkler system. | 13 |
| (d) A building permit for a building that requires a fire | 14 |
| suppression system shall not be issued without the submission | 15 |
| of a technical submission prepared and sealed by a licensed | 16 |
| design professional. Fire protection system layout documents | 17 |
| do not require an engineering seal if prepared by a technician | 18 |
| who holds a valid NICET level 3 or 4 certification in fire | 19 |
| protection technology, automatic sprinkler system layout. An | 20 |
| authority having jurisdiction may not accept fire protection | 21 |
| system layout documents in lieu of technical submissions. Fire | 22 |
| protection system layout documents may be submitted as | 23 |
| supporting documents to supplement technical submissions. | 24 |
| However, in the event the fire protection system layout | 25 |
| documents materially alter the technical submissions, the | 26 |
| authority having jurisdiction shall return both the fire |
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| protection layout documents and technical submissions to the | 2 |
| licensed design professional for review. | 3 |
| (e) (b) Nothing in this Act shall prevent:
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| (1) Employees, including project representatives, of | 5 |
| professional
engineers lawfully practicing as sole owners, | 6 |
| partnerships or
corporations under this Act, from acting | 7 |
| under the direct supervision of
their employers.
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| (2) The employment of owner's representatives by the | 9 |
| owner during the
constructing, adding to, or altering of a | 10 |
| project, or any parts thereof,
provided that such owner's | 11 |
| representative shall not have the authority
to deviate from | 12 |
| the technical submissions without the prior approval of
the | 13 |
| professional engineer for the project.
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| (3) The practice of officers and employees of the | 15 |
| Government of the
United States while engaged within this | 16 |
| State in the practice of the
profession of engineering for | 17 |
| the Government.
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| (4) Services performed by employees of a business | 19 |
| organization engaged
in utility, telecommunications, | 20 |
| industrial , or manufacturing operations, or by employees | 21 |
| of
laboratory research affiliates of such business | 22 |
| organization which are
rendered in connection with the | 23 |
| fabrication or production, sale, and
installation of | 24 |
| products, systems, or nonengineering services of the
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| business organization or its affiliates.
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| (5) Inspection, maintenance and service work done by |
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| employees of the
State of Illinois, any political | 2 |
| subdivision thereof or any
municipality.
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| (6) The activities performed by those ordinarily | 4 |
| designated as chief
engineer of plant operation, chief | 5 |
| operating engineer, locomotive,
stationary, marine, power | 6 |
| plant or hoisting and portable engineers,
electrical | 7 |
| maintenance or service engineers, personnel employed in
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| connection with construction, operation or maintenance of | 9 |
| street
lighting, traffic control signals, police and fire | 10 |
| alarm systems,
waterworks, steam, electric, and sewage | 11 |
| treatment and disposal plants,
or the services ordinarily | 12 |
| performed by any worker regularly employed as
a locomotive, | 13 |
| stationary, marine, power plant, or hoisting and portable
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| engineer or electrical maintenance or service engineer for | 15 |
| any
corporation, contractor or employer.
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| (7) The activities performed by a person ordinarily | 17 |
| designated as
a supervising engineer or supervising | 18 |
| electrical maintenance or service
engineer who supervises | 19 |
| the operation of, or who operates, machinery or
equipment, | 20 |
| or who supervises construction or the installation of
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| equipment within a plant which is under such person's | 22 |
| immediate
supervision.
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| (8) The services, for private use, of contractors or | 24 |
| owners in the
construction of engineering works or the | 25 |
| installation of equipment.
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| (f) (c) No officer, board, commission, or other public |
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| entity charged with
the enforcement of codes and ordinances | 2 |
| involving a professional
engineering project shall accept for | 3 |
| filing or approval any technical
submissions that do not bear | 4 |
| the seal and signature of a professional
engineer licensed | 5 |
| under this Act.
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| (d) Nothing contained in this Section imposes upon a person | 7 |
| licensed
under this Act the responsibility for the performance | 8 |
| of any of the
foregoing functions unless such person | 9 |
| specifically contracts to provide it.
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| (Source: P.A. 91-91, eff. 1-1-00.)
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| (225 ILCS 325/4) (from Ch. 111, par. 5204)
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| (Section scheduled to be repealed on January 1, 2010)
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| Sec. 4. Definitions. As used in this Act:
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| (a) "Address of record" means the designated address | 15 |
| recorded by the Department in the applicant's or licensee's | 16 |
| application file or license file maintained by the Department's | 17 |
| licensure maintenance unit. It is the duty of the applicant or | 18 |
| licensee to inform the Department of any change of address, and | 19 |
| such changes must be made either through the Department's | 20 |
| website or by directly contacting the Department. | 21 |
| (a-5) (a) "Approved engineering curriculum" means
an | 22 |
| engineering curriculum or program
of 4 academic years or more | 23 |
| which meets the standards established by the
rules of the | 24 |
| Department.
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| (b) "Board" means the State Board of Professional Engineers |
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| of the
Department of Professional Regulation, previously known | 2 |
| as the Examining
Committee .
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| (c) "Department" means the Department of Financial and | 4 |
| Professional Regulation.
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| (d) "Design professional" means an architect, structural | 6 |
| engineer or
professional engineer practicing in conformance | 7 |
| with the Illinois
Architecture Practice Act of 1989, the | 8 |
| Structural
Engineering Practice Act of 1989 or the
Professional | 9 |
| Engineering Practice Act of 1989.
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| (e) (Blank). "Director" means the Director of Professional | 11 |
| Regulation.
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| (f) "Direct supervision/responsible charge" means work
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| prepared under the control of a licensed professional engineer | 14 |
| or that
work as to which that professional engineer has | 15 |
| detailed professional
knowledge. The Department may further | 16 |
| define this term by rule.
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| (g) "Engineering college" means a school, college, | 18 |
| university,
department of a university or other educational | 19 |
| institution, reputable
and in good standing in accordance with | 20 |
| rules prescribed by the
Department, and which grants | 21 |
| baccalaureate degrees in engineering.
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| (h) "Engineering system or facility" means a system or | 23 |
| facility whose
design is based upon the application of the | 24 |
| principles of science for
the purpose of modification of | 25 |
| natural states of being.
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| (i) "Engineer intern" means a person who is a candidate for
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| licensure as a professional engineer and who has been enrolled | 2 |
| as an
engineer intern.
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| (j) "Enrollment" means an action by the Department to | 4 |
| record those
individuals who have met the Department's Board's | 5 |
| requirements for an engineer
intern.
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| (k) "License" means an official document issued by the | 7 |
| Department to
an individual, a corporation, a partnership, a | 8 |
| professional
service corporation, a limited liability company, | 9 |
| or a sole proprietorship,
signifying authority to
practice.
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| (l) "Negligence in the practice of professional | 11 |
| engineering" means the
failure to exercise that degree of | 12 |
| reasonable professional skill, judgment
and diligence normally | 13 |
| rendered by professional engineers in the
practice of | 14 |
| professional engineering.
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| (m) "Professional engineer" means a person licensed under | 16 |
| the laws
of the State of Illinois to practice professional | 17 |
| engineering.
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| (n) "Professional engineering" means the application of | 19 |
| science to the
design of engineering systems and facilities | 20 |
| using the knowledge,
skills, ability and professional judgment | 21 |
| developed through professional
engineering education, training | 22 |
| and experience.
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| (o) "Professional engineering practice" means the | 24 |
| consultation on,
conception, investigation, evaluation, | 25 |
| planning, and design of, and
selection of materials to be used | 26 |
| in, administration of
construction contracts for, or site |
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| observation of,
an engineering system
or facility, where such | 2 |
| consultation, conception, investigation,
evaluation, planning, | 3 |
| design, selection, administration, or observation
requires | 4 |
| extensive knowledge of engineering laws, formulae, materials,
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| practice, and construction methods. A person shall be construed | 6 |
| to
practice or offer to practice professional engineering, | 7 |
| within the
meaning and intent of this Act, who practices, or | 8 |
| who, by verbal claim,
sign, advertisement, letterhead, card, or | 9 |
| any other way, is represented
to be a professional engineer, or | 10 |
| through the use of the initials "P.E."
or the title "engineer" | 11 |
| or any of its derivations or some other title
implies licensure | 12 |
| as a professional engineer, or holds himself out as able to
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| perform any service which is recognized as professional | 14 |
| engineering
practice.
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| Examples of the practice of professional engineering | 16 |
| include, but need
not be limited to, transportation facilities | 17 |
| and publicly owned
utilities for a region or community,
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| railroads, railways, highways, subways, canals, harbors, river
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| improvements; land development; stormwater detention, | 20 |
| retention, and conveyance, excluding structures defined under | 21 |
| Section 5 of the Structural Engineering Practice Act of 1989 | 22 |
| (225 ILCS 340/5); irrigation works; aircraft and , airports ; | 23 |
| traffic engineering; and landing fields;
waterworks, piping | 24 |
| systems and appurtenances , sewers, sewage disposal
works , | 25 |
| storm sewer, sanitary sewer and water system modeling ; plants | 26 |
| for the generation of
power; devices for the utilization of |
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| power; boilers; refrigeration
plants, air conditioning systems | 2 |
| and plants; heating systems and plants;
plants for the | 3 |
| transmission or distribution of power; electrical plants
which | 4 |
| produce, transmit, distribute, or utilize electrical energy; | 5 |
| works
for the extraction of minerals from the earth; plants for | 6 |
| the refining,
alloying or treating of metals; chemical works | 7 |
| and industrial plants
involving the use of chemicals and | 8 |
| chemical processes; plants for the
production, conversion, or | 9 |
| utilization of nuclear, chemical, or radiant
energy; forensic | 10 |
| engineering, geotechnical engineering including,
subsurface | 11 |
| investigations; soil and rock classification, geology and | 12 |
| geohydrology,
incidental to the practice of professional | 13 |
| engineering; geohydrological investigations, migration pathway | 14 |
| analysis (including evaluation of building and site elements), | 15 |
| soil and groundwater management zone analysis and design; | 16 |
| energy
analysis, environmental risk assessments, corrective | 17 |
| action plans, design, remediation, protection plans and | 18 |
| systems, hazardous waste mitigation and control , and | 19 |
| environmental control or remediation systems ;
recognition, | 20 |
| measurement, evaluation and control of environmental systems | 21 |
| and
emissions; control systems, evaluation and design of | 22 |
| engineered barriers, excluding structures defined under | 23 |
| Section 5 of the Structural Engineering Practice Act of 1989 | 24 |
| (225 ILCS 340/5); modeling of pollutants in water, soil, and | 25 |
| air; engineering surveys of sites, facilities, and topography | 26 |
| specific to a design project, not including land boundary |
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| establishment; automated building management systems; control | 2 |
| or remediation systems; computer controlled or integrated | 3 |
| systems; automatic fire notification and suppression systems; | 4 |
| investigation and assessment of indoor air inhalation | 5 |
| exposures and design of abatement and remediation systems;
or | 6 |
| the provision of professional engineering site observation of | 7 |
| the
construction of works and engineering systems. In the | 8 |
| performance of any of the foregoing functions, a licensee shall | 9 |
| adhere to the standards of professional conduct enumerated in | 10 |
| 68 Ill. Adm. Code 1380.300. Nothing contained in
this Section | 11 |
| imposes upon a person licensed under this Act the
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| responsibility for the performance of any of the foregoing | 13 |
| functions
unless such person specifically contracts to provide | 14 |
| it. Nothing in this Section shall preclude an employee from | 15 |
| acting under the direct supervision or responsible charge of a | 16 |
| licensed professional engineer.
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| (p) "Project representative" means the professional | 18 |
| engineer's
representative at the project site who assists in | 19 |
| the administration of
the construction contract.
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| (q) "Registered" means the same as "licensed" for purposes | 21 |
| of this Act.
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| (r) "Related science curriculum" means a 4 year program of | 23 |
| study, the
satisfactory completion of which results in a | 24 |
| Bachelor of Science
degree, and which contains courses from | 25 |
| such areas as life, earth,
engineering and computer sciences, | 26 |
| including but not limited to, physics
and chemistry. In the |
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| study of these sciences, the objective is to
acquire | 2 |
| fundamental knowledge about the nature of its phenomena,
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| including quantitative expression, appropriate to particular | 4 |
| fields of
engineering.
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| (s) "Rules" means those rules promulgated pursuant to this | 6 |
| Act.
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| (t) "Seal" means the seal in compliance with Section 14 of | 8 |
| this Act.
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| (t-5) "Secretary" means the Secretary of the Department of | 10 |
| Financial and Professional Regulation. | 11 |
| (u) "Site observation" is visitation of the construction | 12 |
| site for the
purpose of reviewing, as available, the quality | 13 |
| and conformance of the
work to the technical submissions as | 14 |
| they relate to design.
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| (v) "Support design professional" means a professional | 16 |
| engineer
practicing in conformance with the Professional | 17 |
| Engineering Practice Act
of 1989, who provides services to the | 18 |
| design professional who has
contract responsibility.
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| (w) "Technical submissions" are the means designs, | 20 |
| drawings, and specifications
which establish the scope and | 21 |
| standard of quality for materials, workmanship,
equipment, and | 22 |
| systems. "Technical submissions" also includes, but are not | 23 |
| limited to, studies, analyses, calculations, the construction | 24 |
| systems, studies, and other technical
reports prepared in the | 25 |
| course of the practice of professional engineering or under the | 26 |
| direct supervision and responsible charge of a licensed |
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| professional engineer a design professional's practice .
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| (Source: P.A. 91-91, eff. 1-1-00; 91-92, eff. 1-1-00; 92-16, | 3 |
| eff. 6-28-01;
92-145, eff. 1-1-02.)
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| (225 ILCS 325/5) (from Ch. 111, par. 5205)
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| (Section scheduled to be repealed on January 1, 2010)
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| Sec. 5. Powers and duties of the Department. Subject to the
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| provisions of this Act, the Department shall exercise the | 8 |
| following
functions, powers and duties:
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| (a) To pass upon the qualifications and conduct | 10 |
| examinations of
applicants for licensure as professional | 11 |
| engineers or enrollment as
engineer interns and pass upon | 12 |
| the qualifications of applicants by
endorsement and issue a | 13 |
| license or enrollment to those who are found to
be fit and | 14 |
| qualified.
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| (b) To prescribe rules for the method, conduct and | 16 |
| grading of the
examination of applicants.
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| (c) To register license corporations, partnerships, | 18 |
| professional service
corporations,
limited liability | 19 |
| companies, and sole proprietorships
for the practice of
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| professional engineering and issue a certificate of | 21 |
| registration license to those who qualify.
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| (d) To conduct investigations and
hearings regarding | 23 |
| violations of this Act and take
disciplinary or other | 24 |
| actions as provided in this Act as a result of the
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| proceedings.
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| (e) To prescribe rules as to what shall constitute an | 2 |
| engineering or
related science curriculum and to determine | 3 |
| if a specific engineering
curriculum is in compliance with | 4 |
| the rules, and to terminate the
approval of a specific | 5 |
| engineering curriculum for non-compliance with
such rules.
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| (f) To promulgate rules required for the | 7 |
| administration of this Act,
including rules of | 8 |
| professional conduct.
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| (g) To maintain membership in the National Council of
| 10 |
| Examiners for Engineering and Surveying
and participate in | 11 |
| activities of the Council by designation of
individuals for | 12 |
| the various classifications of membership, the
appointment | 13 |
| of delegates for attendance at zone and national meetings | 14 |
| of
the Council, and the funding of the delegates for | 15 |
| attendance at the
meetings of the Council.
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| (h) To obtain written recommendations from the Board | 17 |
| regarding
qualifications of individuals for licensure and | 18 |
| enrollment, definitions
of curriculum content and approval | 19 |
| of engineering curricula, standards
of professional | 20 |
| conduct and formal disciplinary actions, and the
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| promulgation of the rules affecting these matters.
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| Prior to issuance of any final decision or order that | 23 |
| deviates from
any report or recommendations of the Board | 24 |
| relating to the qualification
of applicants, discipline of | 25 |
| licensees or registrants, or promulgation of
rules, the | 26 |
| Secretary Director shall notify the Board in writing with |
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| an explanation of
any such deviation and provide a | 2 |
| reasonable time for the Board to submit
written comments to | 3 |
| the Director regarding the proposed action. In the
event | 4 |
| that the Board fails or declines to submit such written | 5 |
| comments within
30 days of said notification, the Director | 6 |
| may issue a final decision or orders
consistent with the | 7 |
| Director's original decision . The Department may at any
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| time seek the expert advice and knowledge of the Board on | 9 |
| any matter relating
to the enforcement of this Act.
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| (i) To publish and distribute or to post on the | 11 |
| Department's website, at
least semi-annually, a
newsletter | 12 |
| describing to all persons licensed and registered under | 13 |
| this
Act. The newsletter shall describe the most recent | 14 |
| changes in this Act and the
rules adopted under this Act | 15 |
| and containing shall contain information of any final
| 16 |
| disciplinary action that has been ordered under this Act | 17 |
| since the date of the
last newsletter.
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| (j) To review such applicant qualifications to sit for | 19 |
| the examination or for licensure as the Board designates | 20 |
| pursuant to Section 7 of this Act. | 21 |
| None of the functions, powers or duties enumerated in this | 22 |
| Section
shall be exercised by the Department except upon the | 23 |
| action and report
in writing of the Board.
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| (Source: P.A. 91-92, eff. 1-1-00; 92-145, eff. 1-1-02.)
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| (225 ILCS 325/6) (from Ch. 111, par. 5206)
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| (Section scheduled to be repealed on January 1, 2010)
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| Sec. 6. Composition, qualifications and terms of the Board.
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| (a) The
Board shall be appointed by the Secretary Director | 4 |
| and shall consist of 10
members, one of whom shall be a public | 5 |
| member and 9 of whom shall be
professional engineers licensed | 6 |
| under this Act. In addition each member
who is a professional | 7 |
| engineer shall:
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| (1) be a citizen of the United States, and
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| (2) be a resident of this State.
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| (b) In addition, each member who is a professional engineer | 11 |
| shall:
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| (1) have not less than 12 years of experience in the | 13 |
| practice of
professional engineering, and shall hold an | 14 |
| active license as a
professional engineer in Illinois;
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| (2) have been in charge of professional engineering | 16 |
| work for at least
5 years. For the purposes of this | 17 |
| Section, any period in
which a person has been in charge of | 18 |
| teaching engineering in an
engineering college with the | 19 |
| rank of assistant professor or higher
shall be considered | 20 |
| as time in which such person was in charge of
professional | 21 |
| engineering work.
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| The terms for all members shall be for 5 years. On the | 23 |
| expiration of
the term of any member
or in the event of a | 24 |
| vacancy,
the Secretary Director shall appoint
a member who | 25 |
| shall hold office until the expiration of the term
for which | 26 |
| the member is appointed and until a successor has been
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| appointed and qualified.
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| No member shall be reappointed to the Board for a term | 3 |
| which would
cause that individual's lifetime continuous | 4 |
| service on the Board to be longer
than 15 successive years.
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| In implementing the 5 year terms, the Secretary Director | 6 |
| shall vary the terms to
enable the Board to have no more than 2 | 7 |
| terms expire in any one year.
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| The public member shall be a voting member and shall not | 9 |
| hold a license as an architect, professional engineer, | 10 |
| structural engineer, or a land surveyor not be an employee of | 11 |
| the State of Illinois .
The public member shall be an Illinois | 12 |
| resident and a citizen of the
United States.
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| In making appointments to the Board, the Secretary Director | 14 |
| shall give due
consideration to recommendations by members of | 15 |
| the profession and by
organizations therein.
| 16 |
| The Secretary Director may remove any member of the Board | 17 |
| for misconduct,
incompetence, neglect of duty or for reasons | 18 |
| prescribed by law for
removal of State officials.
| 19 |
| The Secretary Director may remove a member of the Board who | 20 |
| does not attend 2
consecutive meetings.
| 21 |
| A quorum of the Board shall consist
of 6 a majority of | 22 |
| Board members appointed .
A Majority vote of the quorum is | 23 |
| required for Board decisions.
| 24 |
| Each member of the Board may shall receive compensation as | 25 |
| determined by the Secretary when attending
Board meetings or | 26 |
| meetings approved by the Director and shall be
reimbursed for |
|
|
|
SB1384 Enrolled |
- 18 - |
LRB096 08551 ASK 18673 b |
|
| 1 |
| all actual traveling expenses.
| 2 |
| Members of the Board shall be immune from suit in any | 3 |
| action based
upon any disciplinary proceedings or other | 4 |
| activities performed in good
faith as members of the Board.
| 5 |
| Persons holding office as members of the Board immediately | 6 |
| prior to
the effective date of this Act under the Act repealed | 7 |
| herein shall
continue as members of the Board until the | 8 |
| expiration of the term for
which they were appointed and until | 9 |
| their successors are appointed and
qualified.
| 10 |
| (Source: P.A. 91-92, eff. 1-1-00.)
| 11 |
| (225 ILCS 325/7) (from Ch. 111, par. 5207)
| 12 |
| (Section scheduled to be repealed on January 1, 2010)
| 13 |
| Sec. 7. Powers and duties of the Board. | 14 |
| Subject to the provisions
of this Act, the Board shall | 15 |
| exercise the following functions, powers ,
and duties:
| 16 |
| (a) Review applicant qualifications to sit for
the | 17 |
| examination or for licensure and shall make | 18 |
| recommendations to the
Department except for those | 19 |
| applicant qualifications that the Board designates as | 20 |
| routinely acceptable Review education and experience | 21 |
| qualifications of applicants,
including conducting oral | 22 |
| interviews as deemed necessary by the Board,
to determine | 23 |
| eligibility as an engineer intern or professional engineer
| 24 |
| and submit to the Director written recommendations on | 25 |
| applicant
qualifications for enrollment and licensure ;
|
|
|
|
SB1384 Enrolled |
- 19 - |
LRB096 08551 ASK 18673 b |
|
| 1 |
| (b) The Board may appoint a subcommittee to serve as a | 2 |
| Complaint Committee
to recommend the disposition of case | 3 |
| files according to procedures established
by rule in 68 | 4 |
| Ill. Adm. Code 1380.305, and any changes and amendments | 5 |
| thereto ;
| 6 |
| (c) Conduct hearings regarding disciplinary actions | 7 |
| and submit a
written report and recommendations to the | 8 |
| Secretary Director as required by this
Act and to provide a | 9 |
| Board member at informal conferences;
| 10 |
| (d) Make visits to universities or colleges to evaluate
| 11 |
| engineering curricula or to otherwise evaluate engineering | 12 |
| curricula and
submit to the Secretary Director a written | 13 |
| recommendation of acceptability of a
curriculum;
| 14 |
| (e) Submit a written recommendation to the Secretary | 15 |
| Director concerning
promulgation of rules as required in | 16 |
| Section 5 and to recommend to the Secretary
Director any | 17 |
| rules or amendments thereto for the administration of this
| 18 |
| Act;
| 19 |
| (f) Hold at least 3 regular meetings each year;
| 20 |
| (g) Elect annually a chairperson and a | 21 |
| vice-chairperson who shall be
professional engineers; and
| 22 |
| (h) Submit written comments to the Secretary Director | 23 |
| within 30 days from
notification of any final decision or | 24 |
| order from the Secretary Director that deviates
from any
| 25 |
| report or recommendation of the Board relating to the | 26 |
| qualification of
applicants, discipline of licensees or |
|
|
|
SB1384 Enrolled |
- 20 - |
LRB096 08551 ASK 18673 b |
|
| 1 |
| registrants, or promulgation of rules.
| 2 |
| (Source: P.A. 91-92, eff. 1-1-00.)
| 3 |
| (225 ILCS 325/8) (from Ch. 111, par. 5208)
| 4 |
| (Section scheduled to be repealed on January 1, 2010)
| 5 |
| Sec. 8. Applications for licensure.
| 6 |
| (a) Applications for licensure
shall (1) be on forms | 7 |
| prescribed and furnished by the Department, (2) contain
| 8 |
| statements made under oath showing the applicant's education | 9 |
| and
a detailed summary of the applicant's technical work, and | 10 |
| (3) contain
references as required by the Department.
| 11 |
| (b) Applicants shall have obtained the education and | 12 |
| experience as
required in Section 10 or Section 11 prior to | 13 |
| submittal of application
for examination, except as provided in | 14 |
| subsection (b) of Section 11.
Allowable experience shall | 15 |
| commence at the date of the baccalaureate
degree, except:
| 16 |
| (1) Credit for one year of experience shall be given | 17 |
| for a graduate of
a baccalaureate curriculum providing a | 18 |
| cooperative program, which is
supervised industrial or | 19 |
| field experience of at least one academic year
which | 20 |
| alternates with periods of full-time academic training, | 21 |
| when such
program is certified by the university, or
| 22 |
| (2) Partial credit may be given
for professional | 23 |
| engineering experience as
defined by rule for employment | 24 |
| prior to receipt of a baccalaureate
degree if the | 25 |
| employment is full-time while the applicant is a
part-time |
|
|
|
SB1384 Enrolled |
- 21 - |
LRB096 08551 ASK 18673 b |
|
| 1 |
| student
taking fewer than 12 hours per semester or 8 hours | 2 |
| per quarter
to earn the degree concurrent with the
| 3 |
| full-time engineering experience.
| 4 |
| (3) If an applicant files an application and supporting | 5 |
| documents
containing a material misstatement of | 6 |
| information or a
misrepresentation for the purpose of | 7 |
| obtaining licensure or
enrollment or if an applicant | 8 |
| performs
any fraud or deceit in taking any examination to | 9 |
| qualify for
licensure or enrollment
under this Act, the | 10 |
| Department may issue a rule of intent to deny
licensure or | 11 |
| enrollment
and may conduct a hearing in accordance
with | 12 |
| Sections 26 through 33 and Sections 37 and 38 of this Act.
| 13 |
| The Board may conduct oral interviews of any applicant | 14 |
| under Sections
10, 11, or 19 to assist in the evaluation of the | 15 |
| qualifications of the
applicant.
| 16 |
| It is the responsibility of the applicant to supplement the
| 17 |
| application, when requested by the Board, by provision of | 18 |
| additional
documentation of education, including transcripts, | 19 |
| course content and
credentials of the engineering college or | 20 |
| college granting related
science degrees, or of work experience | 21 |
| to permit the Board to determine
the qualifications of the | 22 |
| applicant. The Department may require an
applicant, at the | 23 |
| applicant's expense, to have an evaluation of the applicant's
| 24 |
| education in a foreign country by a nationally recognized | 25 |
| evaluating service educational body
approved by the Board in | 26 |
| accordance with rules prescribed by the Department.
|
|
|
|
SB1384 Enrolled |
- 22 - |
LRB096 08551 ASK 18673 b |
|
| 1 |
| An applicant who graduated from an engineering program | 2 |
| outside the United
States or its territories and whose first | 3 |
| language is not English shall submit
certification of passage | 4 |
| of the Test of English as a Foreign Language (TOEFL)
and a test | 5 |
| of spoken English the Test of Spoken English (TSE) as defined | 6 |
| by rule.
| 7 |
| (Source: P.A. 91-92, eff. 1-1-00; 92-145, eff. 1-1-02.)
| 8 |
| (225 ILCS 325/9) (from Ch. 111, par. 5209)
| 9 |
| (Section scheduled to be repealed on January 1, 2010)
| 10 |
| Sec. 9. Licensure qualifications; Examinations; Failure or | 11 |
| refusal
to take examinations. Examinations provided for by this | 12 |
| Act shall be
conducted under rules prescribed by the | 13 |
| Department. Examinations shall
be held not less frequently than | 14 |
| semi-annually, at times and places
prescribed by the | 15 |
| Department, of which applicants shall be notified by
the | 16 |
| Department in writing.
| 17 |
| Examinations of the applicants who seek to practice | 18 |
| professional
engineering shall ascertain: (a) if the applicant | 19 |
| has an adequate
understanding of the basic and engineering | 20 |
| sciences, which shall embrace
subjects required of candidates | 21 |
| for an approved baccalaureate degree in
engineering, and (b) if | 22 |
| the training and experience of the applicant
have provided a | 23 |
| background for the application of the basic and
engineering | 24 |
| sciences to the solution of engineering problems. The
| 25 |
| Department may by rule prescribe additional subjects for |
|
|
|
SB1384 Enrolled |
- 23 - |
LRB096 08551 ASK 18673 b |
|
| 1 |
| examination.
If an applicant neglects, fails to take without an | 2 |
| approved excuse , or refuses
to take the next available | 3 |
| examination offered for licensure under this
Act within 3 years | 4 |
| after filing the application, the fee paid by the
applicant | 5 |
| shall be forfeited and the application denied. If an
applicant | 6 |
| fails to pass an examination for licensure under this Act
| 7 |
| within 3 years after filing the application, the application | 8 |
| shall be
denied. However, such applicant may thereafter make a | 9 |
| new application
for examination, accompanied by the required | 10 |
| fee.
| 11 |
| (Source: P.A. 94-452, eff. 1-1-06.)
| 12 |
| (225 ILCS 325/10) (from Ch. 111, par. 5210)
| 13 |
| (Section scheduled to be repealed on January 1, 2010)
| 14 |
| Sec. 10.
Minimum standards for examination for licensure as
| 15 |
| professional engineer. To qualify for licensure as a | 16 |
| professional
engineer each applicant shall be:
| 17 |
| (a) A graduate of an approved engineering curriculum of at | 18 |
| least 4
years who submits acceptable evidence to the Board of | 19 |
| an additional 4
years or more of experience in engineering work | 20 |
| of a grade and character
which indicate that the individual may | 21 |
| be competent to practice
professional engineering, and who then | 22 |
| passes a nominal 8-hour written
examination in the fundamentals | 23 |
| of engineering, and a nominal 8-hour
written examination in the | 24 |
| principles and practice of engineering. Upon
passing both | 25 |
| examinations, the applicant, if otherwise qualified, shall
be |
|
|
|
SB1384 Enrolled |
- 24 - |
LRB096 08551 ASK 18673 b |
|
| 1 |
| granted a license to practice professional engineering in this | 2 |
| State; or
| 3 |
| (b) A graduate of a non-approved engineering curriculum or | 4 |
| a related
science curriculum of at least 4 years and meeting | 5 |
| the requirements as
set forth by rule, who submits acceptable | 6 |
| evidence to the Board of an
additional 8 years or more of | 7 |
| experience in engineering work of a grade
and character which | 8 |
| indicate that the individual may be competent to
practice | 9 |
| professional engineering, and who then passes a nominal 8-hour
| 10 |
| written examination in the fundamentals of engineering and a | 11 |
| nominal
8-hour written examination in the principles and | 12 |
| practice of
engineering. Upon passing both examinations, the | 13 |
| applicant, if
otherwise qualified, shall be granted a license | 14 |
| to practice professional
engineering in this State; or
| 15 |
| (c) An engineer intern who meets the education and | 16 |
| experience
qualifications of subsection (a) or (b) of this | 17 |
| Section
and has passed the nominal 8-hour written examination | 18 |
| in the fundamentals
of engineering ,
by application
and payment | 19 |
| of the required fee, may then take the nominal 8-hour written
| 20 |
| examination in the principles and practice of engineering. If | 21 |
| the applicant passes Upon passing
that examination and submits | 22 |
| evidence to the Board that meets the experience qualification | 23 |
| of subsection (a) or (b) of this Section , the applicant, if | 24 |
| otherwise qualified, shall be
granted a license to practice | 25 |
| professional engineering in this State.
| 26 |
| (d) When considering an applicant's
qualifications for |
|
|
|
SB1384 Enrolled |
- 25 - |
LRB096 08551 ASK 18673 b |
|
| 1 |
| licensure under this Act, the Department may take into
| 2 |
| consideration whether an applicant has engaged in conduct or | 3 |
| actions that
would constitute a violation of the Standards of | 4 |
| Professional Conduct for
this Act as provided for by | 5 |
| administrative rules.
| 6 |
| (Source: P.A. 91-92, eff. 1-1-00.)
| 7 |
| (225 ILCS 325/11) (from Ch. 111, par. 5211)
| 8 |
| (Section scheduled to be repealed on January 1, 2010)
| 9 |
| Sec. 11.
Minimum standards for examination for enrollment | 10 |
| as
engineer intern. Each of the following is considered a | 11 |
| minimum standard
that an applicant must satisfy to qualify for | 12 |
| enrollment as an engineer
intern.
| 13 |
| (a) A graduate of an approved engineering curriculum of at | 14 |
| least 4
years, who has passed a nominal 8-hour written | 15 |
| examination in the
fundamentals of engineering, shall be | 16 |
| enrolled as an engineer intern, if
the applicant is otherwise | 17 |
| qualified; or
| 18 |
| (b) An applicant in the last year of an approved | 19 |
| engineering
curriculum who passes a nominal 8-hour written | 20 |
| examination in the
fundamentals of engineering and furnishes | 21 |
| proof that the applicant graduated of graduation within a
12 | 22 |
| month period following the examination shall be enrolled
as an | 23 |
| engineer intern, if the applicant is otherwise qualified; or
| 24 |
| (c) A graduate of a non-approved engineering curriculum or | 25 |
| a related
science curriculum, of at least 4 years meeting the |
|
|
|
SB1384 Enrolled |
- 26 - |
LRB096 08551 ASK 18673 b |
|
| 1 |
| requirements as set
forth by rule, who submits acceptable | 2 |
| evidence to the Board of an
additional 4 years or more of | 3 |
| progressive experience in engineering
work, and who then passes | 4 |
| a nominal 8-hour written examination in the
fundamentals of | 5 |
| engineering shall be enrolled as an engineer intern, if
the | 6 |
| applicant is otherwise qualified.
| 7 |
| The examination of applicants under subsection (b) of this | 8 |
| Section
who fail to furnish proof of graduation within the | 9 |
| specified 12 month
period after the examination shall be voided | 10 |
| by the Department.
| 11 |
| (Source: P.A. 89-61, eff. 6-30-95.)
| 12 |
| (225 ILCS 325/14) (from Ch. 111, par. 5214)
| 13 |
| (Section scheduled to be repealed on January 1, 2010)
| 14 |
| Sec. 14. Seal. Every professional engineer shall
have a | 15 |
| seal or
stamp, the print of which shall
be reproducible and
| 16 |
| contain the name of the
professional engineer, the professional | 17 |
| engineer's license number, and
the words "Licensed | 18 |
| Professional Engineer of Illinois".
Any
reproducible stamp | 19 |
| heretofore authorized under the laws of this
state for use by a
| 20 |
| professional engineer, including those with the words | 21 |
| "Registered
Professional Engineer of Illinois",
shall serve | 22 |
| the same purpose as the seal provided
for by this Act. The | 23 |
| engineer shall be responsible for his seal and signature as | 24 |
| defined by rule.
When technical submissions are prepared | 25 |
| utilizing a computer or other
electronic means, the seal may be |
|
|
|
SB1384 Enrolled |
- 27 - |
LRB096 08551 ASK 18673 b |
|
| 1 |
| generated by the computer. Signatures
generated by computer | 2 |
| shall not be permitted.
| 3 |
| The use of a professional engineer's seal on technical | 4 |
| submissions
constitutes a representation by the professional | 5 |
| engineer that the work
has been prepared by or under the | 6 |
| personal supervision of the professional
engineer or developed | 7 |
| in conjunction with the use of accepted engineering
standards. | 8 |
| The use of the seal further represents that the work has been
| 9 |
| prepared and administered in accordance with the
standards of | 10 |
| reasonable professional skill and diligence.
| 11 |
| It is unlawful to affix one's seal to technical submissions | 12 |
| if
it masks the true identity of the person who actually | 13 |
| exercised
direction, control and supervision of the | 14 |
| preparation of such work. A
professional engineer who seals and | 15 |
| signs technical submissions is not
responsible for damage | 16 |
| caused by subsequent changes to or uses of those
technical | 17 |
| submissions, where the subsequent changes or uses, including
| 18 |
| changes or uses made by State or local governmental agencies, | 19 |
| are not
authorized or approved by the professional engineer who | 20 |
| originally
sealed and signed the technical submissions.
| 21 |
| (Source: P.A. 91-92, eff. 1-1-00; 92-145, eff. 1-1-02.)
| 22 |
| (225 ILCS 325/16) (from Ch. 111, par. 5216)
| 23 |
| (Section scheduled to be repealed on January 1, 2010)
| 24 |
| Sec. 16. Issuance of license. Whenever the provisions of | 25 |
| this
Act have been complied with the Department may shall issue |
|
|
|
SB1384 Enrolled |
- 28 - |
LRB096 08551 ASK 18673 b |
|
| 1 |
| a license as a
professional engineer and enroll the engineer | 2 |
| intern.
| 3 |
| Every holder of a license as a professional engineer shall | 4 |
| display
the license in a conspicuous place in the professional | 5 |
| engineer's
principal office.
| 6 |
| It is the professional engineer's and engineer intern's
| 7 |
| responsibility to inform the Department of any change of | 8 |
| address.
| 9 |
| (Source: P.A. 86-667.)
| 10 |
| (225 ILCS 325/17) (from Ch. 111, par. 5217)
| 11 |
| (Section scheduled to be repealed on January 1, 2010)
| 12 |
| Sec. 17.
Licensure; Renewal; Restoration; Person in | 13 |
| military
service ; Retired . The expiration date and renewal | 14 |
| period for each professional
engineer license issued under this | 15 |
| Act shall be set by the Department
by rule. The
enrollment of | 16 |
| an engineer intern shall not expire.
| 17 |
| Any person whose
license has expired or whose license is on | 18 |
| inactive status may have such
license restored by making | 19 |
| application to the Department and filing
proof acceptable to | 20 |
| the Department of that person's fitness to have such
license | 21 |
| restored, which may include sworn evidence certifying to active
| 22 |
| practice in another jurisdiction satisfactory to the | 23 |
| Department and by
paying the required restoration fee.
If the | 24 |
| person has not maintained an active practice in another
| 25 |
| jurisdiction satisfactory to the Department, the Board shall |
|
|
|
SB1384 Enrolled |
- 29 - |
LRB096 08551 ASK 18673 b |
|
| 1 |
| determine,
by an evaluation program established by rule, the | 2 |
| person's fitness to
resume active status and may require the | 3 |
| person to complete a period of
evaluated experience and may | 4 |
| require successful completion of the
principles and practice | 5 |
| examination.
| 6 |
| However, any person whose license expired while that person | 7 |
| was (1) in
Federal Service on active duty with the Armed Forces | 8 |
| of the United
States, or the State Militia called into service | 9 |
| or training, or (2) in
training or education under the | 10 |
| supervision of the United States
preliminary to induction into | 11 |
| the military service, may have such
license renewed or restored | 12 |
| without paying any lapsed renewal fees if,
within 2 years after | 13 |
| honorable termination of such service, training,
or education, | 14 |
| except under conditions other than honorable, the
Department is | 15 |
| furnished with satisfactory evidence that the person has
been | 16 |
| so engaged and has maintained professional competence and that | 17 |
| such
service, training or education has been so terminated.
| 18 |
| Each application
for renewal shall contain the original | 19 |
| seal and signature of the
professional engineer. Applicants for | 20 |
| renewal or restoration shall
certify that all conditions of | 21 |
| their license meet the requirements of
the Illinois | 22 |
| Professional Engineering Practice Act of 1989.
| 23 |
| Any person who has been duly licensed as a professional | 24 |
| engineer by the Department and who chooses to deactivate or not | 25 |
| renew his or her license may use the title "Professional | 26 |
| Engineer, Retired". Those persons using the title |
|
|
|
SB1384 Enrolled |
- 30 - |
LRB096 08551 ASK 18673 b |
|
| 1 |
| "Professional Engineer, Retired" may request restoration to | 2 |
| active status under the applicable provisions of Sections 17, | 3 |
| 17.5, and 18 of this Act. | 4 |
| The use of the title "Professional Engineer, Retired" shall | 5 |
| not constitute representation of current licensure. Any person | 6 |
| without an active license shall not be permitted to practice | 7 |
| engineering as defined in this Act. | 8 |
| Nothing in this Section shall be construed to require the | 9 |
| Department to issue any certificate, credential, or other | 10 |
| document indicating that a person has been granted the title, | 11 |
| "Professional Engineer, Retired". | 12 |
| (Source: P.A. 89-61, eff. 6-30-95.)
| 13 |
| (225 ILCS 325/19) (from Ch. 111, par. 5219)
| 14 |
| (Section scheduled to be repealed on January 1, 2010)
| 15 |
| Sec. 19. Endorsement. The Department may, upon the | 16 |
| recommendation
of the Board, license as a professional | 17 |
| engineer,
on payment of the required fee, an applicant who is a | 18 |
| professional
engineer registered or licensed under the laws of | 19 |
| another state or
territory of the United States or the District | 20 |
| of Columbia or parties to the
North American Free Trade | 21 |
| Agreement
if the
applicant qualifies under Section 8 and | 22 |
| Section 10 of this Act, or if the
qualifications of the | 23 |
| applicant were at the time of registration or
licensure in | 24 |
| another jurisdiction substantially equal to the
requirements | 25 |
| in force in this State on that date.
|
|
|
|
SB1384 Enrolled |
- 31 - |
LRB096 08551 ASK 18673 b |
|
| 1 |
| The Department may refuse to endorse by comity the | 2 |
| applicants from any
state, District of Columbia or territory if | 3 |
| the requirements for
registration or licensure in such | 4 |
| jurisdiction are not substantially
equal to the requirements of | 5 |
| this Act.
| 6 |
| Applicants have 3 years from the date of application to | 7 |
| complete the
application process. If the process has not been | 8 |
| completed during the 3
year time frame, the application shall | 9 |
| be denied, the fee forfeited and
the applicant must reapply and | 10 |
| meet the requirements in effect at the
time of reapplication.
| 11 |
| (Source: P.A. 88-595, eff. 8-26-94; 89-61, eff. 6-30-95.)
| 12 |
| (225 ILCS 325/21) (from Ch. 111, par. 5221)
| 13 |
| (Section scheduled to be repealed on January 1, 2010)
| 14 |
| Sec. 21. Rosters. The Department shall maintain a roster of | 15 |
| the names and
addresses of all professional engineers and | 16 |
| professional design firms,
partnerships, and corporations | 17 |
| licensed or registered under this Act. This
roster shall be | 18 |
| available upon written request and payment of the required fee.
| 19 |
| (Source: P.A. 88-428.)
| 20 |
| (225 ILCS 325/24) (from Ch. 111, par. 5224)
| 21 |
| (Section scheduled to be repealed on January 1, 2010)
| 22 |
| Sec. 24.
Rules of professional conduct; disciplinary or
| 23 |
| administrative
action.
| 24 |
| (a) The Department shall adopt rules setting standards of |
|
|
|
SB1384 Enrolled |
- 32 - |
LRB096 08551 ASK 18673 b |
|
| 1 |
| professional
conduct and establish appropriate
penalty for the | 2 |
| breach of such rules.
| 3 |
| (a-1) The Department may, singularly or in combination,
| 4 |
| refuse to issue, renew, or restore , or renew a license or may | 5 |
| registration, revoke , or
suspend , a license or registration, or | 6 |
| place on probation,
reprimand,
or take other disciplinary or | 7 |
| non-disciplinary action with regard to a person licensed under | 8 |
| this Act, including but not limited to, the imposition of a | 9 |
| fine
impose a civil penalty not to exceed $10,000 per violation | 10 |
| upon any person, corporation,
partnership, or professional | 11 |
| design firm licensed or registered under
this Act , for any one | 12 |
| or combination of the following causes :
| 13 |
| (1) Material misstatement in furnishing information to | 14 |
| the
Department.
| 15 |
| (2) Violations Failure to comply with any provisions of | 16 |
| this Act or any of its
rules.
| 17 |
| (3) Conviction of or entry of a plea of guilty or nolo | 18 |
| contendere to any crime that is a felony under the laws of | 19 |
| the United States , or
any state or territory thereof , or | 20 |
| that is a , which is a felony, whether related to
practice | 21 |
| or not, or conviction of any crime, whether a felony,
| 22 |
| misdemeanor, or otherwise, an essential element of which is | 23 |
| dishonesty ,
or any crime that is which is directly related | 24 |
| to the practice of engineering.
| 25 |
| (4) Making any misrepresentation for the purpose of | 26 |
| obtaining , renewing, or restoring a license
licensure, or |
|
|
|
SB1384 Enrolled |
- 33 - |
LRB096 08551 ASK 18673 b |
|
| 1 |
| violating any provision of this Act or the rules | 2 |
| promulgated under this Act pertaining to advertising in | 3 |
| applying for restoration or renewal; or practice of any
| 4 |
| fraud or deceit in taking any examination to qualify for | 5 |
| licensure under
this Act .
| 6 |
| (5) Willfully Purposefully making or signing a false | 7 |
| statement, certificate, or affidavit statements or signing | 8 |
| false statements,
certificates, or affidavits to induce | 9 |
| payment.
| 10 |
| (6) Negligence, incompetence or misconduct in the | 11 |
| practice of professional
engineering as a licensed | 12 |
| professional engineer or in working as an engineer
intern.
| 13 |
| (7) Aiding or assisting another person in violating any | 14 |
| provision of
this Act or its rules.
| 15 |
| (8) Failing to provide information in response to a | 16 |
| written request
made by the Department within 30 days after | 17 |
| receipt of such written
request.
| 18 |
| (9) Engaging in dishonorable, unethical or | 19 |
| unprofessional conduct of a
character likely to deceive, | 20 |
| defraud or harm the public.
| 21 |
| (10) Inability to practice the profession with | 22 |
| reasonable judgment, skill, or safety as a result of a | 23 |
| physical illness, including, but not limited to, | 24 |
| deterioration through the aging process or loss of motor | 25 |
| skill, or mental illness or disability Habitual | 26 |
| intoxication or addiction to the use of drugs .
|
|
|
|
SB1384 Enrolled |
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LRB096 08551 ASK 18673 b |
|
| 1 |
| (11) Discipline by the United States Government, | 2 |
| another state,
District of Columbia, territory, foreign | 3 |
| nation or government agency, if
at least one of the grounds | 4 |
| for the discipline is the same or
substantially equivalent | 5 |
| to those set forth in this Act.
| 6 |
| (12) Directly or indirectly giving to or receiving from | 7 |
| any person,
firm, corporation, partnership or association | 8 |
| any fee, commission,
rebate or other form of compensation | 9 |
| for any professional services not
actually or personally | 10 |
| rendered.
| 11 |
| (13) A finding by the Department Board that
an | 12 |
| applicant or registrant has failed to pay a fine imposed
by | 13 |
| the Department, a registrant
whose license has been
placed | 14 |
| on probationary status has violated the terms of probation, | 15 |
| or a
registrant has practiced on an expired, inactive, | 16 |
| suspended, or
revoked license.
| 17 |
| (14) Signing, affixing the professional engineer's | 18 |
| seal or permitting
the professional engineer's seal to be | 19 |
| affixed to any technical
submissions not prepared as | 20 |
| required by Section 14 or completely reviewed by
the | 21 |
| professional engineer or under the professional engineer's | 22 |
| direct
supervision.
| 23 |
| (15) Inability Physical illness, including but not | 24 |
| limited to deterioration
through the aging process or loss | 25 |
| of motor skill, which results in the
inability to practice | 26 |
| the profession with reasonable judgment, skill or
safety as |
|
|
|
SB1384 Enrolled |
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LRB096 08551 ASK 18673 b |
|
| 1 |
| a result of habitual or excessive use or addiction to | 2 |
| alcohol, narcotics, stimulants, or any other chemical | 3 |
| agent or drug .
| 4 |
| (16) The making of a statement pursuant to the | 5 |
| Environmental Barriers
Act that a plan for construction or | 6 |
| alteration of a public facility or
for construction of a | 7 |
| multi-story housing unit is in compliance with the
| 8 |
| Environmental Barriers Act when such plan is not in | 9 |
| compliance.
| 10 |
| (17) (Blank). Failing to file a return, or to pay the | 11 |
| tax, penalty or interest
shown in a filed return, or to pay | 12 |
| any final assessment of tax, penalty
or interest as | 13 |
| required by a tax Act administered by the Illinois
| 14 |
| Department of Revenue, until such time as the requirements | 15 |
| of any such
tax Act are satisfied.
| 16 |
| (a-2) The Department shall deny a license or renewal | 17 |
| authorized by this Act to a person who has failed to file a | 18 |
| return, to pay the tax, penalty, or interest shown in a filed | 19 |
| return, or to pay any final assessment of tax, penalty, or | 20 |
| interest as required by any tax Act administered by the | 21 |
| Department of Revenue, until such time as the requirements of | 22 |
| the tax Act are satisfied in accordance with subsection (g) of | 23 |
| Section 15 of the Department of Professional Regulation Law of | 24 |
| the Civil Administrative Code of Illinois (20 ILCS | 25 |
| 2105/2105-15). | 26 |
| (a-3) The Department shall deny a license or renewal |
|
|
|
SB1384 Enrolled |
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LRB096 08551 ASK 18673 b |
|
| 1 |
| authorized by this Act to a person who has defaulted on an | 2 |
| educational loan or scholarship provided or guaranteed by the | 3 |
| Illinois Student Assistance Commission or any governmental | 4 |
| agency of this State in accordance with subdivision (a)(5) of | 5 |
| Section 15 of the Department of Professional Regulation Law of | 6 |
| the Civil Administrative Code of Illinois (20 ILCS | 7 |
| 2105/2105-15). | 8 |
| (a-4) In cases where the Department of Healthcare and | 9 |
| Family Services (formerly the Department of Public Aid) has | 10 |
| previously determined that a licensee or a potential licensee | 11 |
| is more than 30 days delinquent in the payment of child support | 12 |
| and has subsequently certified the delinquency to the | 13 |
| Department, the Department shall refuse to issue or renew or | 14 |
| shall revoke or suspend that person's license or shall take | 15 |
| other disciplinary action against that person based solely upon | 16 |
| the certification of delinquency made by the Department of | 17 |
| Healthcare and Family Services in accordance with subdivision | 18 |
| (a)(5) of Section 15 of the Department of Professional | 19 |
| Regulation Law of the Civil Administrative Code of Illinois (20 | 20 |
| ILCS 2105/2105-15). | 21 |
| (a-5) In enforcing this Section, the Department or Board, | 22 |
| upon a showing of a possible violation, may order a licensee or | 23 |
| applicant to submit to a mental or physical examination, or | 24 |
| both, at the expense of the Department. The Department or Board | 25 |
| may order the examining physician to present testimony | 26 |
| concerning his or her examination of the licensee or applicant. |
|
|
|
SB1384 Enrolled |
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LRB096 08551 ASK 18673 b |
|
| 1 |
| No information shall be excluded by reason of any common law or | 2 |
| statutory privilege relating to communications between the | 3 |
| licensee or applicant and the examining physician. The | 4 |
| examining physicians shall be specifically designated by the | 5 |
| Board or Department. The licensee or applicant may have, at his | 6 |
| or her own expense, another physician of his or her choice | 7 |
| present during all aspects of the examination. Failure of a | 8 |
| licensee or applicant to submit to any such examination when | 9 |
| directed, without reasonable cause as defined by rule, shall be | 10 |
| grounds for either the immediate suspension of his or her | 11 |
| license or immediate denial of his or her application. | 12 |
| If the Secretary immediately suspends the license of a | 13 |
| licensee for his or her failure to submit to a mental or | 14 |
| physical examination when directed, a hearing must be convened | 15 |
| by the Department within 15 days after the suspension and | 16 |
| completed without appreciable delay. | 17 |
| If the Secretary otherwise suspends a license pursuant to | 18 |
| the results of the licensee's mental or physical examination, a | 19 |
| hearing must be convened by the Department within 15 days after | 20 |
| the suspension and completed without appreciable delay. The | 21 |
| Department and Board shall have the authority to review the | 22 |
| licensee's record of treatment and counseling regarding the | 23 |
| relevant impairment or impairments to the extent permitted by | 24 |
| applicable federal statutes and regulations safeguarding the | 25 |
| confidentiality of medical records. | 26 |
| Any licensee suspended under this subsection (a-5) shall be |
|
|
|
SB1384 Enrolled |
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LRB096 08551 ASK 18673 b |
|
| 1 |
| afforded an opportunity to demonstrate to the Department or | 2 |
| Board that he or she can resume practice in compliance with the | 3 |
| acceptable and prevailing standards under the provisions of his | 4 |
| or her license. | 5 |
| In enforcing this Section, the Board upon a showing of a | 6 |
| possible
violation may compel a person licensed to practice | 7 |
| under this Act, or who has
applied for licensure or | 8 |
| certification pursuant to this Act, to submit to a
mental or | 9 |
| physical examination, or both, as required by and at the | 10 |
| expense of
the Department. The examining physicians shall be | 11 |
| those specifically
designated by the Board. The Board or the | 12 |
| Department may order the examining
physician to present | 13 |
| testimony concerning this mental or physical examination
of the | 14 |
| licensee or applicant. No information shall be excluded by | 15 |
| reason of
any common law or statutory privilege relating to | 16 |
| communications between the
licensee or applicant and the | 17 |
| examining physician. The person to be examined
may have, at his | 18 |
| or her own expense, another physician of his or her choice
| 19 |
| present during all aspects of the examination. Failure of any | 20 |
| person to submit
to a mental or physical examination, when | 21 |
| directed, shall be grounds for
suspension of a license until | 22 |
| the person submits to the examination if the
Board
finds, after | 23 |
| notice and hearing, that the refusal to submit to the | 24 |
| examination
was
without reasonable cause.
| 25 |
| If the Board finds a person unable to practice because of | 26 |
| the reasons set
forth in this Section, the Board may require |
|
|
|
SB1384 Enrolled |
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LRB096 08551 ASK 18673 b |
|
| 1 |
| that person to submit to care,
counseling, or treatment by | 2 |
| physicians approved or designated by the Board as
a condition, | 3 |
| term, or restriction for continued, reinstated, or renewed
| 4 |
| licensure to practice; or, in lieu of care, counseling, or | 5 |
| treatment, the Board
may recommend to the Department to file a | 6 |
| complaint to immediately suspend,
revoke, or otherwise | 7 |
| discipline the license of the person. Any person whose
license | 8 |
| was granted, continued, reinstated, renewed, disciplined, or | 9 |
| supervised
subject to such terms, conditions, or restrictions | 10 |
| and who fails to comply
with such terms, conditions, or | 11 |
| restrictions shall be referred to the Director
for a | 12 |
| determination as to whether the person shall have his or her | 13 |
| license
suspended immediately, pending a hearing by the Board.
| 14 |
| (b) The determination by a circuit court that a registrant | 15 |
| is subject
to involuntary admission or judicial admission as | 16 |
| provided in the Mental
Health and Developmental Disabilities | 17 |
| Code, as now or hereafter amended,
operates as an automatic | 18 |
| suspension. Such suspension will end only upon
a finding by a | 19 |
| court that the patient is no longer subject to
involuntary | 20 |
| admission or judicial admission, the issuance of an order
so | 21 |
| finding and discharging the patient, and the recommendation of | 22 |
| the Board to
the Director that the registrant be allowed to | 23 |
| resume practice.
| 24 |
| (Source: P.A. 91-92, eff. 1-1-00; 92-145, eff. 1-1-02.)
| 25 |
| (225 ILCS 325/26) (from Ch. 111, par. 5226)
|
|
|
|
SB1384 Enrolled |
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LRB096 08551 ASK 18673 b |
|
| 1 |
| (Section scheduled to be repealed on January 1, 2010)
| 2 |
| Sec. 26. Investigations; notice and hearing. The | 3 |
| Department may
investigate the actions of any applicant or of | 4 |
| any person or entity
holding or claiming to hold a license or | 5 |
| registration or offering professional
engineering services. | 6 |
| Before the initiation of an investigation, the matter
shall be | 7 |
| reviewed by a subcommittee of the Board according to procedure
| 8 |
| established by rule for the Complaint Committee. The Department | 9 |
| shall,
before refusing to issue, restore or renew a license or | 10 |
| registration or
otherwise discipline a licensee or registrant, | 11 |
| at least 30 days prior to the
date set for the hearing, notify | 12 |
| in writing the applicant for, or holder of, a
license or | 13 |
| registration of the nature of the charges, that a hearing will | 14 |
| be
held on the date designated, and direct the applicant or | 15 |
| entity or licensee or
registrant to file a written answer to | 16 |
| the Department Board under oath within 20 days
after the | 17 |
| service of the notice and inform the applicant or entity or | 18 |
| licensee
or registrant that failure to file an answer will | 19 |
| result in default being taken
against the applicant or entity | 20 |
| or licensee or registrant and that the license
or certificate | 21 |
| may be suspended, revoked, placed on probationary status, or
| 22 |
| other disciplinary action may be taken, including limiting the | 23 |
| scope, nature or
extent of practice, as the Secretary Director | 24 |
| may deem proper. Written notice may be
served by personal | 25 |
| delivery or certified or registered mail to the respondent
at | 26 |
| the address of record currently on file with the Department . In |
|
|
|
SB1384 Enrolled |
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LRB096 08551 ASK 18673 b |
|
| 1 |
| case the person or
entity fails to file an answer after | 2 |
| receiving notice as provided in this Section , his or her | 3 |
| license or
certificate may, in the discretion of the | 4 |
| Department, be suspended, revoked, or
placed on probationary | 5 |
| status, or the Department may take whatever disciplinary
action | 6 |
| deemed proper, including limiting the scope, nature, or extent | 7 |
| of the
person's practice or the imposition of a fine, without a | 8 |
| hearing, if the act or
acts charged constitute sufficient | 9 |
| grounds for such action under this Act. At
the time and place | 10 |
| fixed in the notice, the Board shall proceed to hear the
| 11 |
| charges and the parties or their counsel shall be accorded | 12 |
| ample opportunity to
present such statements, testimony, | 13 |
| evidence and argument as may be pertinent
to the charges or to | 14 |
| their defense. The Board may continue the hearing from
time to | 15 |
| time.
| 16 |
| (Source: P.A. 87-1031; 88-428.)
| 17 |
| (225 ILCS 325/27.5 new)
| 18 |
| Sec. 27.5. Subpoenas; depositions; oaths. The Department | 19 |
| has the power to subpoena documents, books, records, or other | 20 |
| materials, to bring before it any person, and to take testimony | 21 |
| either orally or by deposition, or take written | 22 |
| interrogatories, or any combination thereof, with the same fees | 23 |
| and mileage and in the same manner prescribed in civil cases in | 24 |
| courts of this State. | 25 |
| The Secretary, the designated hearing officer, and every |
|
|
|
SB1384 Enrolled |
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LRB096 08551 ASK 18673 b |
|
| 1 |
| member of the Board has the power to administer oaths to | 2 |
| witnesses at any hearing that the Department is authorized to | 3 |
| conduct and any other oaths authorized in any Act administered | 4 |
| by the Department.
| 5 |
| (225 ILCS 325/29) (from Ch. 111, par. 5229)
| 6 |
| (Section scheduled to be repealed on January 1, 2010)
| 7 |
| Sec. 29. Notice of hearing; Findings and recommendations. | 8 |
| At
the conclusion of the hearing, the Board shall present to | 9 |
| the Secretary Director a
written report of its finding and | 10 |
| recommendations. The report shall
contain a finding whether or | 11 |
| not the accused person violated this Act or
its rules or failed | 12 |
| to comply with the conditions required in this Act
or its | 13 |
| rules. The Board shall specify the nature of the violation or
| 14 |
| failure to comply, and shall make its recommendations to the | 15 |
| Secretary Director . The
Board may take into consideration in | 16 |
| making its recommendations for
discipline all facts and | 17 |
| circumstances bearing upon the reasonableness of
the conduct of | 18 |
| the respondent and the potential for future harm to the
public, | 19 |
| including but not limited to previous discipline by the | 20 |
| Department,
intent, degree of harm to the public and likelihood | 21 |
| of harm in the future,
any restitution made, and whether the | 22 |
| incident or incidents complained of
appear to be isolated or a | 23 |
| pattern of conduct. In making its
recommendations for | 24 |
| discipline, the Board shall endeavor to ensure that the
| 25 |
| severity of the discipline recommended bears some reasonable |
|
|
|
SB1384 Enrolled |
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LRB096 08551 ASK 18673 b |
|
| 1 |
| relationship
to the severity of the violation. The report of | 2 |
| findings of fact,
conclusions of law and recommendation of the | 3 |
| Board shall be the basis for
the Department's order refusing to | 4 |
| issue, restore or renew a license, or
otherwise discipline a | 5 |
| registrant. If the Secretary Director disagrees in any regard
| 6 |
| with the report of the Board, the Secretary Director may issue | 7 |
| an order in
contravention thereof, following the procedures set | 8 |
| forth in Section 7.
The Secretary Director shall provide a | 9 |
| written report to the Board on any deviation,
and shall specify | 10 |
| with particularity the reasons for said action. The
finding is | 11 |
| not admissible in evidence against the person in a criminal
| 12 |
| prosecution brought for the violation of this Act, but the | 13 |
| hearing and
finding are not a bar to a criminal prosecution | 14 |
| brought for the violation
of this Act.
| 15 |
| (Source: P.A. 86-667.)
| 16 |
| (225 ILCS 325/31) (from Ch. 111, par. 5231)
| 17 |
| (Section scheduled to be repealed on January 1, 2010)
| 18 |
| Sec. 31. Secretary Director ; Rehearing. Whenever the | 19 |
| Secretary Director is not
satisfied that substantial justice | 20 |
| has been done in the refusal to
issue, restore or renew a | 21 |
| license, or otherwise discipline a registrant,
the Secretary | 22 |
| Director may order a rehearing by the same or other examiners.
| 23 |
| (Source: P.A. 86-667.)
| 24 |
| (225 ILCS 325/32) (from Ch. 111, par. 5232)
|
|
|
|
SB1384 Enrolled |
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LRB096 08551 ASK 18673 b |
|
| 1 |
| (Section scheduled to be repealed on January 1, 2010)
| 2 |
| Sec. 32. Appointment of a hearing officer. Notwithstanding | 3 |
| the provisions
of Section 26, the Secretary Director has the | 4 |
| authority to appoint any attorney
duly registered to practice | 5 |
| law in the State of Illinois to serve as the
hearing officer in | 6 |
| any action for refusal to issue, restore or renew a
license or | 7 |
| to discipline a registrant. The hearing officer has full
| 8 |
| authority to conduct the hearing. The hearing officer shall | 9 |
| report the
findings and recommendations to the Board and the | 10 |
| Secretary Director . The Board
has 60 days from receipt of the | 11 |
| report to review the report of the
hearing officer and present | 12 |
| its findings of fact, conclusions of law and
recommendations to | 13 |
| the Secretary Director . If the Board fails to present its
| 14 |
| report within the 60 day period, the Secretary Director shall | 15 |
| issue an order based
on the report of the hearing officer | 16 |
| except as herein noted. However,
if the Secretary Director | 17 |
| disagrees in any regard with the report of the Board or
hearing | 18 |
| officer, the Secretary Director may issue an order in | 19 |
| contravention
thereof, following the procedures set forth in | 20 |
| Section 7. The Secretary
Director shall provide a written | 21 |
| report to the Board on any deviation,
and shall specify with | 22 |
| particularity the reasons for said action.
| 23 |
| (Source: P.A. 86-667.)
| 24 |
| (225 ILCS 325/33) (from Ch. 111, par. 5233)
| 25 |
| (Section scheduled to be repealed on January 1, 2010)
|
|
|
|
SB1384 Enrolled |
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LRB096 08551 ASK 18673 b |
|
| 1 |
| Sec. 33. Order or certified copy; Prima facie proof. An | 2 |
| order
or a certified copy thereof, over the seal of the | 3 |
| Department and
purporting to be signed by the Secretary | 4 |
| Director , shall be prima facie proof:
| 5 |
| (a) That such signature is the genuine signature of the | 6 |
| Secretary Director ;
| 7 |
| (b) That such Secretary Director is duly appointed and | 8 |
| qualified; and
| 9 |
| (c) That the Board and the members thereof are qualified to | 10 |
| act.
| 11 |
| (Source: P.A. 86-667.)
| 12 |
| (225 ILCS 325/34) (from Ch. 111, par. 5234)
| 13 |
| (Section scheduled to be repealed on January 1, 2010)
| 14 |
| Sec. 34. Restoration of suspended or revoked license. At | 15 |
| any
time after the successful completion of a term of | 16 |
| suspension , or revocation , or probation of any license, the | 17 |
| Department
may restore it to the accused person, after review | 18 |
| and upon the written recommendation of
the Board, unless after | 19 |
| an investigation and a hearing, the Department Board
determines | 20 |
| that restoration is not in the public interest.
| 21 |
| (Source: P.A. 86-667.)
| 22 |
| (225 ILCS 325/36) (from Ch. 111, par. 5236)
| 23 |
| (Section scheduled to be repealed on January 1, 2010)
| 24 |
| Sec. 36. Temporary suspension of a license. The Secretary |
|
|
|
SB1384 Enrolled |
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LRB096 08551 ASK 18673 b |
|
| 1 |
| Director may
temporarily suspend the license of a professional | 2 |
| engineer without a
hearing, simultaneously with the | 3 |
| institution of proceedings for a
hearing provided for in | 4 |
| Section 26 of this Act, if the Secretary Director finds
that | 5 |
| evidence in the Secretary's Director's possession indicates | 6 |
| that a professional
engineer's continuation in practice would | 7 |
| constitute an imminent danger
to the public. In the event that | 8 |
| the Secretary Director temporarily suspends the
license of a | 9 |
| professional engineer without a hearing, a hearing by the
Board | 10 |
| must be held within 30 days after such suspension has occurred.
| 11 |
| (Source: P.A. 86-667.)
| 12 |
| (225 ILCS 325/42) (from Ch. 111, par. 5242)
| 13 |
| (Section scheduled to be repealed on January 1, 2010)
| 14 |
| Sec. 42. Civil penalties.
| 15 |
| (1) In addition to any other penalty provided by law, any | 16 |
| person, sole
proprietorship, professional service corporation, | 17 |
| limited liability company,
partnership, or other entity
who
| 18 |
| violates Section 40 of this Act shall forfeit and pay to the | 19 |
| Design
Professionals Administration and Investigation Fund a | 20 |
| civil penalty in an
amount determined by the Department of not | 21 |
| more than $10,000 $5,000 for
each offense. The penalty shall be | 22 |
| assessed in proceedings as provided in
Sections 26 through 33 | 23 |
| and Section 37 of this Act.
| 24 |
| (2) Unless the amount of the penalty is paid within 60 days | 25 |
| after the
order becomes final, the order shall constitute a |
|
|
|
SB1384 Enrolled |
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LRB096 08551 ASK 18673 b |
|
| 1 |
| judgment and shall be
filed and execution issued thereon in the | 2 |
| same manner as the judgment of
a court of record.
| 3 |
| (Source: P.A. 88-595, eff. 8-26-94; 89-61, eff. 6-30-95.)
| 4 |
| (225 ILCS 325/43) (from Ch. 111, par. 5243)
| 5 |
| (Section scheduled to be repealed on January 1, 2010)
| 6 |
| Sec. 43. Consent order. At any point in the proceedings as
| 7 |
| provided in Sections 25 through 33 and Section 37, both parties | 8 |
| may
agree to a negotiated consent order. The consent order | 9 |
| shall be final
upon signature of the Secretary Director .
| 10 |
| (Source: P.A. 86-667.)
| 11 |
| Section 15. The Illinois Professional Land Surveyor Act of | 12 |
| 1989 is amended by changing Sections 4, 5, 6, 7, 8, 9, 10, 12, | 13 |
| 13, 16.5, 18, 19, 23, 25, 27, 28, 29, 30, 31, 33, 34, 35, 36, | 14 |
| 36.1, 37, 40, and 43 as follows:
| 15 |
| (225 ILCS 330/4) (from Ch. 111, par. 3254)
| 16 |
| (Section scheduled to be repealed on January 1, 2010)
| 17 |
| Sec. 4. Definitions. As used in this Act:
| 18 |
| (a) "Department" means the Department of Financial and | 19 |
| Professional Regulation.
| 20 |
| (b) "Secretary" "Director" means the Secretary Director of | 21 |
| the Department of Financial and Professional Regulation.
| 22 |
| (c) "Board" means the Land Surveyors Licensing Board.
| 23 |
| (d) "Direct supervision and control" means the personal |
|
|
|
SB1384 Enrolled |
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LRB096 08551 ASK 18673 b |
|
| 1 |
| review by a
Licensed Professional Land Surveyor of each survey, | 2 |
| including, but not
limited to, procurement, research, field | 3 |
| work, calculations, preparation of
legal descriptions and | 4 |
| plats. The personal review shall be of such a
nature as to | 5 |
| assure the client that the Professional Land Surveyor or the
| 6 |
| firm for which the Professional Land Surveyor is employed is | 7 |
| the provider
of the surveying services.
| 8 |
| (e) "Responsible charge" means an individual responsible | 9 |
| for the various
components of the land survey operations | 10 |
| subject to the overall supervision
and control of the | 11 |
| Professional Land Surveyor.
| 12 |
| (f) "Design professional" means a land surveyor, | 13 |
| architect, structural
engineer, or professional engineer | 14 |
| licensed in conformance
with this Act,
the Illinois | 15 |
| Architecture Practice Act of 1989, the
Structural Engineering | 16 |
| Practice Act of 1989, or the
Professional Engineering Practice | 17 |
| Act of 1989.
| 18 |
| (g) "Professional Land Surveyor" means any person licensed | 19 |
| under the
laws of the State of Illinois to practice land | 20 |
| surveying, as defined by
this Act or its rules.
| 21 |
| (h) "Land Surveyor-in-Training" means any person licensed | 22 |
| under the laws
of the State of Illinois who has qualified for, | 23 |
| taken, and passed an
examination in the fundamental land | 24 |
| surveyor-in-training subjects as
provided by this Act or its | 25 |
| rules.
| 26 |
| (i) "Land surveying experience" means those activities |
|
|
|
SB1384 Enrolled |
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LRB096 08551 ASK 18673 b |
|
| 1 |
| enumerated in
Section 5 of this Act, which, when exercised in | 2 |
| combination, to the
satisfaction of the Board, is proof of an | 3 |
| applicant's broad range of
training in and exposure to the | 4 |
| prevailing practice of land surveying.
| 5 |
| (j) "Address of record" means the designated address | 6 |
| recorded by the Department in the applicant's or licensee's | 7 |
| application file or license file maintained by the Department's | 8 |
| licensure maintenance unit. It is the duty of the applicant or | 9 |
| licensee to inform the Department of any change of address, and | 10 |
| such changes must be made either through the Department's | 11 |
| website or by contacting the Department's licensure | 12 |
| maintenance unit. | 13 |
| (Source: P.A. 92-16, eff. 6-28-01; 93-467, eff. 1-1-04.)
| 14 |
| (225 ILCS 330/5) (from Ch. 111, par. 3255)
| 15 |
| (Section scheduled to be repealed on January 1, 2010)
| 16 |
| Sec. 5. Practice of land surveying defined. Any person who | 17 |
| practices in Illinois as a professional land surveyor who | 18 |
| renders, offers to render, or holds himself or herself out as | 19 |
| able to render, or perform any service, the adequate | 20 |
| performance of which involves the special knowledge of the art | 21 |
| and application of the principles of the accurate and precise | 22 |
| measurement of length, angle, elevation or volume, | 23 |
| mathematics, the related physical and applied sciences, and the | 24 |
| relevant requirements of law, all of which are acquired by | 25 |
| education, training, experience, and examination. Any one or |
|
|
|
SB1384 Enrolled |
- 50 - |
LRB096 08551 ASK 18673 b |
|
| 1 |
| combination
of the following practices constitutes the | 2 |
| practice of land surveying:
| 3 |
| (a) Establishing or
reestablishing, locating, defining, | 4 |
| and making or monumenting land
boundaries or title or real | 5 |
| property lines and the platting of lands and subdivisions;
| 6 |
| (b) Establishing the area or volume of
any portion of the | 7 |
| earth's surface, subsurface, or airspace with respect to | 8 |
| boundary lines,
determining the configuration or contours of | 9 |
| any portion of the earth's
surface, subsurface, or airspace or | 10 |
| the location of fixed objects thereon,
except as performed by | 11 |
| photogrammetric methods
or except when the level of accuracy | 12 |
| required is
less than the level of accuracy required by the | 13 |
| National Society of Professional Surveyors Model Standards and | 14 |
| Practice the American Congress on Surveying and | 15 |
| Mapping-designated Classes of
Surveying ;
| 16 |
| (c) Preparing descriptions for the determination of title | 17 |
| or real property rights to any
portion or volume of the earth's | 18 |
| surface, subsurface, or airspace involving the
lengths and | 19 |
| direction of boundary lines, areas, parts of platted parcels or | 20 |
| the
contours of the earth's surface, subsurface, or airspace;
| 21 |
| (d) Labeling, designating, naming, or otherwise | 22 |
| identifying
legal lines or land title lines of the United | 23 |
| States
Rectangular System
or any subdivision thereof on any | 24 |
| plat, map, exhibit, photograph, photographic composite, or
| 25 |
| mosaic or photogrammetric map of any portion of the earth's | 26 |
| surface for the
purpose of recording the same in the Office of |
|
|
|
SB1384 Enrolled |
- 51 - |
LRB096 08551 ASK 18673 b |
|
| 1 |
| Recorder in any county;
| 2 |
| (e) Any act or combination of acts that would be
viewed as
| 3 |
| offering
professional land surveying services including:
| 4 |
| (1) setting monuments which have the appearance of or | 5 |
| for the express
purpose of marking land boundaries, either | 6 |
| directly or as an accessory; or
| 7 |
| (2) providing any sketch, map, plat, report, monument | 8 |
| record, or other
document which indicates land boundaries | 9 |
| and monuments, or accessory
monuments thereto, except that | 10 |
| if the sketch, map, plat, report, monument
record, or other | 11 |
| document is a copy of an original prepared by a
| 12 |
| Professional Land Surveyor, and if proper reference to that | 13 |
| fact be made on
that document;
| 14 |
| (3) performing topographic surveys, with the exception | 15 |
| of a licensed professional engineer knowledgeable in | 16 |
| topographical surveys that performs a topographical survey | 17 |
| specific to his or her design project. A licensed | 18 |
| professional engineer may not, however, offer topographic | 19 |
| surveying services that are independent of his or her | 20 |
| specific design project; or | 21 |
| (4) locating, relocating, establishing, | 22 |
| re-establishing, retracing, laying out, or staking of the | 23 |
| location, alignment, or elevation of any proposed | 24 |
| improvements whose location is dependant upon property | 25 |
| lines; | 26 |
| (f) Determining the horizontal or vertical position or |
|
|
|
SB1384 Enrolled |
- 52 - |
LRB096 08551 ASK 18673 b |
|
| 1 |
| state plane coordinates for any monument or reference point | 2 |
| that
marks a title or real property line, boundary, or corner, | 3 |
| or to set, reset, or replace any
monument or reference point on | 4 |
| any title or real property;
| 5 |
| (g) Creating, preparing, or modifying electronic or | 6 |
| computerized data
or maps, including land information systems | 7 |
| and geographic information systems, relative to the | 8 |
| performance of activities in items (a) , (b), (d), (e), through | 9 |
| (f) , and (h) of this
Section, except where
electronic means or | 10 |
| computerized data is otherwise utilized to integrate,
display, | 11 |
| represent, or assess the created, prepared, or modified data;
| 12 |
| (h) Establishing or adjusting any control network or any | 13 |
| geodetic control network or adjusting of cadastral data as it
| 14 |
| pertains to items (a) through (g) of this Section together with | 15 |
| the assignment of measured values to any United States | 16 |
| Rectangular System corners, title or real property corner | 17 |
| monuments or geodetic monuments ;
| 18 |
| (i) Preparing and attesting to the accuracy of a map or | 19 |
| plat showing the
land boundaries or lines and marks and | 20 |
| monuments of the boundaries or of a map
or plat showing the | 21 |
| boundaries of surface, subsurface, or air rights;
| 22 |
| (j) Executing and issuing certificates, endorsements, | 23 |
| reports, or plats
that
portray the horizontal or vertical | 24 |
| relationship between existing physical objects or structures | 25 |
| and
one or more corners , datums, or boundaries of any portion | 26 |
| of the earth's surface,
subsurface, or airspace;
|
|
|
|
SB1384 Enrolled |
- 53 - |
LRB096 08551 ASK 18673 b |
|
| 1 |
| (k) Acting in direct supervision and control of land | 2 |
| surveying activities or
acting as a manager in any place of | 3 |
| business that solicits, performs, or
practices land surveying;
| 4 |
| (l) Offering or soliciting to perform any of the services | 5 |
| set
forth in this
Section ; .
| 6 |
| (m) In the performance of any of the foregoing functions, a | 7 |
| licensee shall adhere to the standards of professional conduct | 8 |
| enumerated in 68 Ill. Adm. Code 1270.57. Nothing contained in | 9 |
| this Section imposes upon a person licensed under this Act the | 10 |
| responsibility for the performance of any of the foregoing | 11 |
| functions unless such person specifically contracts to perform | 12 |
| such functions. | 13 |
| (Source: P.A. 93-467, eff. 1-1-04.)
| 14 |
| (225 ILCS 330/6) (from Ch. 111, par. 3256)
| 15 |
| (Section scheduled to be repealed on January 1, 2010)
| 16 |
| Sec. 6. Powers and duties of the Department.
| 17 |
| (a) The Department shall exercise the powers and duties | 18 |
| prescribed by The
Illinois Administrative Procedure Act for the | 19 |
| administration of licensing Acts.
The Department shall also | 20 |
| exercise, subject to the provisions of this Act, the
following | 21 |
| powers and duties:
| 22 |
| (1) Conduct or authorize examinations to ascertain the | 23 |
| fitness and
qualifications of applicants for licensure and | 24 |
| issue licenses to those who
are found to be fit and | 25 |
| qualified.
|
|
|
|
SB1384 Enrolled |
- 54 - |
LRB096 08551 ASK 18673 b |
|
| 1 |
| (2) Prescribe rules for a method of examination.
| 2 |
| (3) Conduct hearings on proceedings to revoke, | 3 |
| suspend, or refuse to
issue, renew, or restore a license, | 4 |
| or other disciplinary actions.
| 5 |
| (4) Promulgate rules and regulations required for the | 6 |
| administration of
this Act.
| 7 |
| (5) License corporations , and partnerships , and all | 8 |
| other business entities for the practice of
professional | 9 |
| surveying and issue a license to those who qualify.
| 10 |
| (6) Prescribe, adopt, and amend rules as to what shall | 11 |
| constitute a
surveying or related science curriculum, | 12 |
| determine if a specific
surveying curriculum is in | 13 |
| compliance with the rules, and terminate the
approval of a | 14 |
| specific surveying curriculum for non-compliance with such | 15 |
| rules.
| 16 |
| (7) Maintain membership in the National Council of | 17 |
| Engineering Examiners
or a similar organization and | 18 |
| participate in activities of the Council or
organization by | 19 |
| designating individuals
for the various classifications of | 20 |
| membership and appoint
delegates for attendance at zone and | 21 |
| national meetings of the Council or
organization.
| 22 |
| (8) Obtain written recommendations from the Board | 23 |
| regarding
qualification of individuals for licensing, | 24 |
| definition of
curriculum content and approval of surveying | 25 |
| curriculums, standards of
professional conduct and | 26 |
| disciplinary actions, promulgate and
amend the rules |
|
|
|
SB1384 Enrolled |
- 55 - |
LRB096 08551 ASK 18673 b |
|
| 1 |
| affecting these matters, and consult with the
Board on | 2 |
| other matters affecting administration of the Act.
| 3 |
| (a-5) The Department may promulgate rules for a Code of | 4 |
| Ethics and
Standards
of Practice to be followed by persons | 5 |
| licensed under this Act. The Department
shall consider the | 6 |
| recommendations of the Board in establishing the Code of
Ethics | 7 |
| and Standards of Practice.
| 8 |
| (b) The Department shall consult with the Board in | 9 |
| promulgating rules.
Notice of proposed rulemaking shall be | 10 |
| transmitted to the Board and the
Department shall review the | 11 |
| Board's response and recommendations.
| 12 |
| (c) The Department shall review the Board's recommendation | 13 |
| of the
applicants' qualifications. The Secretary Director | 14 |
| shall notify the Board in writing
with an explanation of any | 15 |
| deviation from the Board's recommendation.
After review of the | 16 |
| Secretary's Director's written explanation of his or her | 17 |
| reasons
for
deviation, the Board shall have the opportunity to | 18 |
| comment upon the Secretary's Director's
decision.
| 19 |
| Whenever the Secretary Director is not satisfied that | 20 |
| substantial justice has been
done in the revocation or | 21 |
| suspension of a license , or other disciplinary
action , the | 22 |
| Secretary Director may order re-hearing by the same or other | 23 |
| boards.
| 24 |
| None of the functions, powers or duties enumerated in this | 25 |
| Section shall
be exercised by the Department except upon the | 26 |
| action and report in writing of
the Board.
|
|
|
|
SB1384 Enrolled |
- 56 - |
LRB096 08551 ASK 18673 b |
|
| 1 |
| (Source: P.A. 93-467, eff. 1-1-04.)
| 2 |
| (225 ILCS 330/7) (from Ch. 111, par. 3257)
| 3 |
| (Section scheduled to be repealed on January 1, 2010)
| 4 |
| Sec. 7.
Creation of the Board; Composition and | 5 |
| qualifications and terms
of the Board. The Board shall be | 6 |
| appointed by the Secretary Director and shall
consist of 7 | 7 |
| members, one of whom shall be a public member and 6 of whom
| 8 |
| shall be Professional Land Surveyors. The members shall be
| 9 |
| residents of Illinois. Each Professional Land Surveyor member | 10 |
| shall (a)
currently hold a valid Professional Land Surveyor | 11 |
| license in Illinois and
shall have held the license under this | 12 |
| Act or its predecessor for the
previous 10 year period, and (b) | 13 |
| have not been disciplined
within the last 10 year period under | 14 |
| this Act or its predecessor.
The public member shall not be
an | 15 |
| employee of the State of Illinois or of the federal government, | 16 |
| and
shall not be licensed under this Act or any other design | 17 |
| profession licensing Act that the Department administers.
| 18 |
| Members shall be appointed who reasonably
represent the | 19 |
| different geographic areas of Illinois and shall serve for 5
| 20 |
| year terms, and until
their successors are qualified and | 21 |
| appointed. A member shall not be
eligible for appointment to | 22 |
| more than 10 years in a lifetime more than 2 consecutive 5 year | 23 |
| terms .
Appointments to fill vacancies shall be made for the | 24 |
| unexpired portion of the term. Initial terms shall
begin on the | 25 |
| effective date of this Act.
Board members currently appointed |
|
|
|
SB1384 Enrolled |
- 57 - |
LRB096 08551 ASK 18673 b |
|
| 1 |
| under this Act and
in office
on the effective date of this Act | 2 |
| shall continue to hold office until
their terms expire and they | 3 |
| are replaced.
All appointments shall
be made on the basis of | 4 |
| individual professional qualifications with the
exception of | 5 |
| the public member and shall not be based upon race, sex, or
| 6 |
| religious or political affiliations.
| 7 |
| Each member of the Board may shall receive compensation | 8 |
| when attending to the
work of the Board or any of its | 9 |
| committees and for time spent in necessary
travel. In addition, | 10 |
| members shall be reimbursed for actual traveling,
incidentals , | 11 |
| and expenses necessarily incurred in carrying out their duties
| 12 |
| as members of the Board.
| 13 |
| The Secretary may Director shall consider the advice and | 14 |
| recommendations of the Board
on issues involving standards of | 15 |
| professional conduct, discipline , and
qualifications of the | 16 |
| candidates and licensees under this Act.
| 17 |
| The Secretary shall give due consideration to The Director | 18 |
| shall make the Board appointments within 90 days of any
| 19 |
| vacancy. The Professional Land Surveyor members shall be | 20 |
| selected from a
current list of candidates updated by June 1 of | 21 |
| each year , as submitted by
members of the land surveying | 22 |
| profession and by affiliated organizations.
| 23 |
| Members of the Board shall be immune from suit in any | 24 |
| action based upon
any disciplinary proceedings or other | 25 |
| activities performed in good faith as
members of the Board.
| 26 |
| The Secretary Director may remove any member of the Board |
|
|
|
SB1384 Enrolled |
- 58 - |
LRB096 08551 ASK 18673 b |
|
| 1 |
| for misconduct,
incompetence, neglect of duty, or for any | 2 |
| reason prescribed by law for removal
of State Officials or for | 3 |
| not attending 2 consecutive Board meetings.
| 4 |
| (Source: P.A. 91-132, eff. 1-1-00.)
| 5 |
| (225 ILCS 330/8) (from Ch. 111, par. 3258)
| 6 |
| (Section scheduled to be repealed on January 1, 2010)
| 7 |
| Sec. 8. Powers and duties of the Board; quorum. Subject to | 8 |
| the
provisions
of this Act, the Board shall exercise the | 9 |
| following functions, powers, and
duties:
| 10 |
| (a) Review applicant qualifications to sit for
the | 11 |
| examination or for licensure and shall make | 12 |
| recommendations to the
Department except for those | 13 |
| applicant qualifications that the Board designates as | 14 |
| routinely acceptable Review education and experience | 15 |
| qualifications of applicants to
determine eligibility as a | 16 |
| Professional Land Surveyor or Land
Surveyor-in-Training | 17 |
| and submit to the Director written recommendations on
| 18 |
| applicant qualifications for licensing ;
| 19 |
| (b) Conduct hearings regarding disciplinary actions | 20 |
| and submit a written
report to the Secretary Director as | 21 |
| required by this Act and provide a Board
member at informal | 22 |
| conferences;
| 23 |
| (c) Visit universities or colleges to evaluate | 24 |
| surveying
curricula and submit to the Secretary Director a | 25 |
| written recommendation of
acceptability of the curriculum;
|
|
|
|
SB1384 Enrolled |
- 59 - |
LRB096 08551 ASK 18673 b |
|
| 1 |
| (d) Submit a written recommendation to the Secretary | 2 |
| Director concerning
promulgation or amendment of rules for | 3 |
| the administration of this Act;
| 4 |
| (e) The Department may at any time seek the expert | 5 |
| advice and knowledge of
the Board on any matter relating to | 6 |
| the enforcement of this Act;
| 7 |
| (f) The Board may appoint a subcommittee to serve as a | 8 |
| Complaint Committee
to recommend the disposition of case | 9 |
| files according to procedures established
by rule;
| 10 |
| (g) Hold at least 3 4 regular meetings each year; and
| 11 |
| (h) The Board shall annually elect a Chairperson and a | 12 |
| Vice Chairperson
who shall be licensed
Illinois | 13 |
| Professional Land Surveyors.
| 14 |
| A quorum of the Board shall consist of 4 a majority of | 15 |
| Board members
appointed . A quorum is required for all Board | 16 |
| decisions. | 17 |
| Subject to the provisions of this Act, the Board may | 18 |
| exercise the following duties as deemed necessary by the | 19 |
| Department: (i) review education and experience qualifications | 20 |
| of applicants, including conducting oral interviews; (ii) | 21 |
| determine eligibility as a Professional Land Surveyor or Land | 22 |
| Surveyor-in-Training; and (iii) submit to the Secretary | 23 |
| recommendations on applicant qualifications for enrollment and | 24 |
| licensure.
| 25 |
| (Source: P.A. 93-467, eff. 1-1-04.)
|
|
|
|
SB1384 Enrolled |
- 60 - |
LRB096 08551 ASK 18673 b |
|
| 1 |
| (225 ILCS 330/9) (from Ch. 111, par. 3259)
| 2 |
| (Section scheduled to be repealed on January 1, 2010)
| 3 |
| Sec. 9. Deviation from Board recommendations. On matters
| 4 |
| concerning qualification of individuals for licensing,
| 5 |
| definition of curriculum content and approval of surveying | 6 |
| curriculums,
standards of professional conduct and | 7 |
| disciplinary actions, and the
promulgation and amendment of the | 8 |
| rules affecting these matters, the
Secretary Director shall | 9 |
| notify the Board in writing with an explanation of any
| 10 |
| deviation from the Board's written recommendation or response. | 11 |
| The Board
shall have the opportunity to comment upon the | 12 |
| Secretary's Director's decision after
review of the | 13 |
| Secretary's Director's written explanation of his reasons for | 14 |
| deviation.
| 15 |
| (Source: P.A. 86-987.)
| 16 |
| (225 ILCS 330/10) (from Ch. 111, par. 3260)
| 17 |
| (Section scheduled to be repealed on January 1, 2010)
| 18 |
| Sec. 10. Application for original license. Every person who | 19 |
| desires
to obtain a license shall apply to the Department in | 20 |
| writing, upon forms
prepared and furnished by the Department. | 21 |
| Each application shall contain
statements made under oath, | 22 |
| showing the applicant's education, a
detailed summary of his or | 23 |
| her land surveying experience, and
verification of the
| 24 |
| applicant's land surveying experience by the applicant's | 25 |
| supervisor who shall
be a licensed land
surveyor licensed in |
|
|
|
SB1384 Enrolled |
- 61 - |
LRB096 08551 ASK 18673 b |
|
| 1 |
| this State or any other state or territory of the U.S. where | 2 |
| experience is similar and
who
shall
certify the applicant's | 3 |
| experience, and
the application shall be accompanied with the | 4 |
| required fee.
The Department may require an applicant, at the | 5 |
| applicant's expense, to have
an evaluation of the applicant's | 6 |
| education in a foreign country by an evaluating service a | 7 |
| nationally
recognized educational body approved by the | 8 |
| Department Board in accordance with rules
prescribed by the | 9 |
| Department.
| 10 |
| An applicant who graduated from a land surveying program | 11 |
| outside the United
States or its territories and whose first | 12 |
| language is not English shall submit
certification of passage | 13 |
| of the Test of English as a Foreign Language (TOEFL)
and a test | 14 |
| of spoken English the Test of Spoken English (TSE) as defined | 15 |
| by rule.
| 16 |
| (Source: P.A. 91-132, eff. 1-1-00.)
| 17 |
| (225 ILCS 330/12) (from Ch. 111, par. 3262)
| 18 |
| (Section scheduled to be repealed on January 1, 2010)
| 19 |
| Sec. 12. Qualifications for licensing.
| 20 |
| (a) A person is qualified to
receive a license as a | 21 |
| Professional Land Surveyor and the Department shall
issue a | 22 |
| license to a person:
| 23 |
| (1) who has applied in writing in the required form and | 24 |
| substance to the
Department;
| 25 |
| (2) (blank);
|
|
|
|
SB1384 Enrolled |
- 62 - |
LRB096 08551 ASK 18673 b |
|
| 1 |
| (2.5) who has not violated any provision of this Act or | 2 |
| its rules;
| 3 |
| (3) who is of good ethical character, including | 4 |
| compliance with the Code of Ethics and Standards of | 5 |
| Practice promulgated by rule pursuant to this Act, and has | 6 |
| not committed an act or offense in any jurisdiction that | 7 |
| would constitute grounds for discipline of a land surveyor | 8 |
| licensed under this Act; who is of good moral character;
| 9 |
| (4) who has been issued a license as a Land
| 10 |
| Surveyor-in-Training;
| 11 |
| (5) who, subsequent to passing the an examination | 12 |
| authorized by the Department for licensure as a
| 13 |
| Surveyor-In-Training, has at least 4 years of responsible | 14 |
| charge experience
verified by a professional land surveyor | 15 |
| in direct supervision and control of
his or her activities; | 16 |
| and
| 17 |
| (6) who has passed an examination authorized by the | 18 |
| Department
to
determine his or her fitness to receive a | 19 |
| license as a Professional Land
Surveyor ; and . | 20 |
| (7) who has a baccalaureate degree in a related science | 21 |
| if he or she does not have a baccalaureate degree in land | 22 |
| surveying from an accredited college or university.
| 23 |
| (b) A person is qualified to receive a license as a Land
| 24 |
| Surveyor-in-Training and the Department shall issue a license | 25 |
| to a person:
| 26 |
| (1) who has applied in writing in the required form |
|
|
|
SB1384 Enrolled |
- 63 - |
LRB096 08551 ASK 18673 b |
|
| 1 |
| provided by and substance to the
Department;
| 2 |
| (2) (blank);
| 3 |
|
(3) who is of good moral character;
| 4 |
| (4) who has the required education as set forth in this | 5 |
| Act; and
| 6 |
| (5) who has passed an examination authorized by the | 7 |
| Department
to
determine his or her fitness to receive a | 8 |
| license as a Land
Surveyor-in-Training in accordance with | 9 |
| this Act.
| 10 |
| In determining moral character under
this Section, the | 11 |
| Department may take into consideration whether the
applicant | 12 |
| has engaged in conduct or actions that would constitute grounds | 13 |
| for
discipline under this Act.
| 14 |
| (Source: P.A. 93-467, eff. 1-1-04.)
| 15 |
| (225 ILCS 330/13) (from Ch. 111, par. 3263)
| 16 |
| (Section scheduled to be repealed on January 1, 2010)
| 17 |
| Sec. 13.
Qualifications for examination for Licensed Land
| 18 |
| Surveyor-in-Training. Applicants for the examination for Land
| 19 |
| Surveyor-in-Training shall have:
| 20 |
| (1) a baccalaureate degree in Land Surveying as defined by | 21 |
| rule from an accredited
program college
or university ; or
| 22 |
| (2) a baccalaureate degree in a related science including | 23 |
| at least 24
semester hours of land surveying courses from a | 24 |
| Department Board approved curriculum of an
accredited | 25 |
| institution ; .
|
|
|
|
SB1384 Enrolled |
- 64 - |
LRB096 08551 ASK 18673 b |
|
| 1 |
| (3) an Associate of Science degree in surveying or a | 2 |
| related science, at least 24 semester hours of land surveying | 3 |
| courses from a Board approved curriculum of an accredited | 4 |
| institution, and at least 2 years of land surveying experience | 5 |
| verified by a professional land surveyor that was in direct | 6 |
| supervision and control of his or her activities; or | 7 |
| (4) a high school diploma or equivalent, at least 24 | 8 |
| semester hours of land surveying courses from a Board approved | 9 |
| curriculum of an accredited institution, and at least 4 years | 10 |
| of land surveying experience verified by a professional land | 11 |
| surveyor that was in direct supervision and control of his or | 12 |
| her activities. | 13 |
| (Source: P.A. 91-132, eff. 1-1-00.)
| 14 |
| (225 ILCS 330/16.5)
| 15 |
| (Section scheduled to be repealed on January 1, 2010)
| 16 |
| Sec. 16.5. Unlicensed practice; violation; civil penalty.
| 17 |
| (a) Any person who practices, offers to practice, attempts | 18 |
| to practice, or
holds oneself out to practice as a professional | 19 |
| land surveyor or as a land
surveyor-in-training without being | 20 |
| licensed under this Act shall, in
addition to any other penalty | 21 |
| provided by law, pay a civil penalty to the
Department in an | 22 |
| amount not to exceed $10,000 $5,000 for each offense as | 23 |
| determined by
the Department. The civil penalty shall be | 24 |
| assessed by the Department after a
hearing is held in | 25 |
| accordance with the provisions set forth in this Act
regarding |
|
|
|
SB1384 Enrolled |
- 65 - |
LRB096 08551 ASK 18673 b |
|
| 1 |
| the provision of a hearing for the discipline of a licensee.
| 2 |
| (b) The Department has the authority and power to | 3 |
| investigate any and all
unlicensed activity.
| 4 |
| (c) The civil penalty shall be paid within 60 days after | 5 |
| the effective date
of the order imposing the civil penalty. The | 6 |
| order shall constitute a judgment
and may be filed and | 7 |
| execution had thereon in the same manner as any judgment
from | 8 |
| any court of record.
| 9 |
| (Source: P.A. 89-474, eff. 6-18-96.)
| 10 |
| (225 ILCS 330/18) (from Ch. 111, par. 3268)
| 11 |
| (Section scheduled to be repealed on January 1, 2010)
| 12 |
| Sec. 18. Renewal, reinstatement or restoration of license; | 13 |
| Persons
in military service. | 14 |
| (a) The expiration date and renewal period for each
license | 15 |
| as a Professional Land Surveyor issued under this Act shall be | 16 |
| set
by rule. The holder of a license may renew such license | 17 |
| during the month
preceding the expiration date by paying the | 18 |
| required fee.
| 19 |
| (b) Any Professional Land Surveyor whose license has been | 20 |
| inactive for less
than 5 years is required to pay the current | 21 |
| renewal fee and shall have his
or her license restored.
| 22 |
| If the Professional Land Surveyor has not maintained an | 23 |
| active practice in
another jurisdiction satisfactory to the | 24 |
| Department, the Department shall
determine,
by an evaluation | 25 |
| program established by rule, the person's fitness to
resume |
|
|
|
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LRB096 08551 ASK 18673 b |
|
| 1 |
| active status and may require that person to successfully | 2 |
| complete an examination.
| 3 |
| (c) A Professional Land Surveyor whose license has been | 4 |
| expired for more than
5 years may have the
license restored by | 5 |
| making application to the Department and filing proof
| 6 |
| acceptable to the Department Board of fitness to have the | 7 |
| license restored,
including, but not limited to, sworn evidence | 8 |
| certifying to active practice in another
jurisdiction and | 9 |
| payment of the required renewal,
reinstatement or restoration | 10 |
| fee.
| 11 |
| However, any Professional Land Surveyor whose license | 12 |
| expired while
engaged (a) in federal service on active duty | 13 |
| with the armed forces of
the United States, or the State | 14 |
| Militia called into active service or
training, or (b) in | 15 |
| training or education under the supervision of the
United | 16 |
| States preliminary to induction into the military service, may | 17 |
| have
a license renewed without paying any lapsed reinstatement | 18 |
| or restoration
fees upon passing an oral examination by the | 19 |
| Board, or without taking any
examination, if approved by the | 20 |
| Board, if, within 2 years after the
termination other than by | 21 |
| dishonorable discharge of such service, training, or | 22 |
| education,
the licensee furnishes the Department with an | 23 |
| affidavit to
the effect the licensee was so engaged and that | 24 |
| the service, training, or education
has so terminated.
| 25 |
| (d) A license for a Land Surveyor-in-Training is valid for | 26 |
| 10 years and may not be renewed.
|
|
|
|
SB1384 Enrolled |
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LRB096 08551 ASK 18673 b |
|
| 1 |
| (Source: P.A. 91-132, eff. 1-1-00.)
| 2 |
| (225 ILCS 330/19) (from Ch. 111, par. 3269)
| 3 |
| (Section scheduled to be repealed on January 1, 2010)
| 4 |
| Sec. 19. Inactive status; Restoration. Any person | 5 |
| Professional Land
Surveyor who notifies the Department , in | 6 |
| writing on forms prescribed by the
Department , may elect to | 7 |
| place his or her license on an inactive status and
shall , | 8 |
| subject to rules of the Department, be excused from the payment | 9 |
| of
renewal fees until he or she notifies the Department in | 10 |
| writing of the
intention desire to resume active status.
| 11 |
| Any Professional Land Surveyor requesting restoration from | 12 |
| inactive
status is required to pay the current renewal
fee and | 13 |
| shall have his or her license restored. A Professional Land
| 14 |
| Surveyor whose license has been on inactive status for more | 15 |
| than 5 years
may have the license restored by making | 16 |
| application to the Department and
filing proof acceptable to | 17 |
| the Board of fitness to have the license
restored, including, | 18 |
| but not limited to, sworn evidence certifying to
active | 19 |
| practice in another jurisdiction and payment of the required
| 20 |
| renewal, reinstatement or restoration fee.
| 21 |
| Any Professional Land Surveyor whose license is in an | 22 |
| inactive status
shall not practice land surveying in the State | 23 |
| of Illinois.
| 24 |
| (Source: P.A. 86-987.)
|
|
|
|
SB1384 Enrolled |
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LRB096 08551 ASK 18673 b |
|
| 1 |
| (225 ILCS 330/23) (from Ch. 111, par. 3273)
| 2 |
| (Section scheduled to be repealed on January 1, 2010)
| 3 |
| Sec. 23. Address of Record Change of address ; Names of | 4 |
| licensed surveyors to be published.
It is the
responsibility | 5 |
| of a Professional Land Surveyor or Land Surveyor-in-Training
to | 6 |
| inform the Department of any change of address or name.
The | 7 |
| Department shall maintain a roster of names and addresses of | 8 |
| all professional land surveyors and professional design firms, | 9 |
| partnerships, and corporations licensed or registered under | 10 |
| this Act. This roster shall be available upon request and | 11 |
| payment of the required fee. The Department shall, at least | 12 |
| annually, publish a list of the
names of all Professional Land | 13 |
| Surveyors who are in good standing as of the
date the list is | 14 |
| prepared for publication and of all persons whose
licenses have | 15 |
| been suspended or revoked within the previous year, together
| 16 |
| with such other information relative to the enforcement of the | 17 |
| provisions
of this Act as it may deem of interest to the | 18 |
| public.
Upon request, such
lists shall be mailed to the County | 19 |
| Clerk as a public record. Such lists
shall also be mailed by | 20 |
| the Department to any person in the State upon
request, and | 21 |
| payment of the required fee.
| 22 |
| (Source: P.A. 86-987.)
| 23 |
| (225 ILCS 330/25) (from Ch. 111, par. 3275)
| 24 |
| (Section scheduled to be repealed on January 1, 2010)
| 25 |
| Sec. 25. Professional design firm registration.
|
|
|
|
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LRB096 08551 ASK 18673 b |
|
| 1 |
| (a) Nothing in this Act shall prohibit the formation, under | 2 |
| the provisions
of the Professional Service Corporation Act, of | 3 |
| a corporation to
offer the practice of professional land | 4 |
| surveying.
| 5 |
| Any business, including a Professional Service | 6 |
| Corporation, that includes
within its stated purposes or | 7 |
| practices, or holds itself out as available to
practice, | 8 |
| professional land surveying shall be registered with the | 9 |
| Department
pursuant to the provisions set forth in this | 10 |
| Section.
| 11 |
| Any sole proprietorship not owned and operated by an | 12 |
| Illinois licensed design
professional licensed under this Act | 13 |
| shall be prohibited from offering
professional land surveyor | 14 |
| services to the public. Any sole proprietorship
owned and | 15 |
| operated by a professional land surveyor with an active license
| 16 |
| issued under this Act and conducting or transacting such | 17 |
| business under an
assumed name in accordance with the | 18 |
| provisions of the Assumed Business Name
Act shall comply with | 19 |
| the registration requirements of a professional design
firm. | 20 |
| Any sole proprietorship owned and operated by a Professional | 21 |
| Land
Surveyor with an active license issued under this Act and | 22 |
| conducting or
transacting such business under the real name of | 23 |
| the sole proprietor is exempt
from the registration | 24 |
| requirements of a professional design firm. "Illinois
licensed | 25 |
| design professional" means a person who holds an active license | 26 |
| as a
professional engineer under the
Professional Engineering |
|
|
|
SB1384 Enrolled |
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LRB096 08551 ASK 18673 b |
|
| 1 |
| Practice Act of 1989, as an architect under the
Illinois | 2 |
| Architecture Practice Act of 1989, as a structural engineer | 3 |
| under the
Structural Engineering Practice Act of 1989, or as a | 4 |
| Professional Land Surveyor
under this Act.
| 5 |
| (b) Any professional design firm seeking to be registered | 6 |
| pursuant to the
provisions of this Section shall not be | 7 |
| registered unless one or more managing
agents in charge of land | 8 |
| surveyor activities in this State are designated by
the | 9 |
| professional design firm. Each managing agent must at all times | 10 |
| maintain a
valid, active license to practice professional land | 11 |
| surveying in Illinois.
| 12 |
| No individual whose license to practice professional land | 13 |
| surveying in this
State is currently in a suspended or revoked | 14 |
| state shall act as a managing
agent for a professional design | 15 |
| firm.
| 16 |
| (c) Any business seeking to be registered under this | 17 |
| Section shall make
application on a form provided by the | 18 |
| Department and shall provide such
information as requested by | 19 |
| the Department, which shall include, but not be
limited to:
| 20 |
| (1) the name and license number of the person | 21 |
| designated as the managing
agent in responsible charge of | 22 |
| the practice of professional land surveying in
Illinois. In | 23 |
| the case of a corporation, the corporation shall also | 24 |
| submit a
certified copy of the resolution by the board of | 25 |
| directors designating the
managing agent. In the case of a | 26 |
| limited liability company, the company shall
submit a |
|
|
|
SB1384 Enrolled |
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LRB096 08551 ASK 18673 b |
|
| 1 |
| certified copy of either its articles of organization or | 2 |
| operating
agreement designating the managing agent;
| 3 |
| (2) the names and license numbers of the directors, in | 4 |
| the case of a
corporation, the members, in the case of a | 5 |
| limited liability company, or
general partners, in the case | 6 |
| of a partnership;
| 7 |
| (3) a list of all office locations at which the | 8 |
| professional design firm
provides professional land | 9 |
| surveying services to the public; and
| 10 |
| (4) a list of all assumed names of the business. | 11 |
| Nothing in this Section
shall be construed to exempt a | 12 |
| professional design firm, sole proprietorship,
or | 13 |
| professional service corporation from compliance with the | 14 |
| requirements of
the Assumed Business Name Act.
| 15 |
| It is the responsibility of the professional design firm to | 16 |
| provide the
Department notice, in writing, of any changes in | 17 |
| the information requested on
the application.
| 18 |
| (d) The Department shall issue to each business a | 19 |
| certificate of
registration to practice professional land | 20 |
| surveying or offer the services of
its licensees in this State | 21 |
| upon submittal of a proper application for
registration and | 22 |
| payment of fees. The expiration date and renewal period for
| 23 |
| each registration and renewal procedures shall be established | 24 |
| by rule.
| 25 |
| (e) In the event a managing agent is terminated or | 26 |
| terminates his or her
status as
managing agent of the |
|
|
|
SB1384 Enrolled |
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LRB096 08551 ASK 18673 b |
|
| 1 |
| professional design firm, the managing agent and
a professional | 2 |
| design firm shall notify the Department of this fact in | 3 |
| writing,
by certified mail, within 10 business days of such | 4 |
| termination. Thereafter,
the professional design firm, if it | 5 |
| has so informed the Department, shall have
30 days in which to | 6 |
| notify the Department of the name and licensure number of
a | 7 |
| newly designated managing agent. If a corporation, the | 8 |
| corporation shall
also submit a certified copy of a resolution | 9 |
| by the board of directors
designating the new managing agent. | 10 |
| If a limited liability company, the
company shall also submit a | 11 |
| certified copy of either its articles of
organization or | 12 |
| operating agreement designating the new managing agent. The
| 13 |
| Department may, upon good cause shown, extend the original 30 | 14 |
| day period.
| 15 |
| If the professional design firm has not notified the | 16 |
| Department in writing,
by certified mail within the specified | 17 |
| time, the registration shall be
terminated without prior | 18 |
| hearing. Notification of termination shall be sent by
certified | 19 |
| mail to the address of record last known address of the | 20 |
| business. If the professional
design firm continues to operate | 21 |
| and offer professional land surveyor services
after the | 22 |
| termination, the Department may seek prosecution under | 23 |
| Sections 27,
43, and 16.5 46 of this Act for the unlicensed | 24 |
| practice of professional land
surveying.
| 25 |
| No professional design firm shall be relieved of | 26 |
| responsibility for the
conduct or acts of its agent, employees, |
|
|
|
SB1384 Enrolled |
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LRB096 08551 ASK 18673 b |
|
| 1 |
| members, managers, or officers by
reason
of its compliance with | 2 |
| this Section, nor shall any individual practicing
professional | 3 |
| land surveying be relieved of the responsibility for | 4 |
| professional
services performed by reason of the individual's | 5 |
| employment or relationship
with a professional design firm | 6 |
| registered under this Section.
| 7 |
| (g) Disciplinary action against a professional design firm | 8 |
| registered under
this Section shall be administered in the same | 9 |
| manner and on the same grounds
as
disciplinary action against a | 10 |
| licensed professional land surveyor. All
disciplinary action | 11 |
| taken or pending against a corporation or partnership
before | 12 |
| the effective date of this amendatory Act of 1999 shall be | 13 |
| continued or
remain in effect without the Department filing | 14 |
| separate actions.
| 15 |
| (h) Any professional services corporation, sole | 16 |
| proprietorship,
or
professional design firm offering land | 17 |
| surveying
services
must have a
resident professional land | 18 |
| surveyor whose license is not suspended or revoked overseeing | 19 |
| the land surveying practices in each location
in which land | 20 |
| surveying services are provided.
| 21 |
| (Source: P.A. 91-132, eff. 1-1-00.)
| 22 |
| (225 ILCS 330/27) (from Ch. 111, par. 3277)
| 23 |
| (Section scheduled to be repealed on January 1, 2010)
| 24 |
| Sec. 27. Grounds for disciplinary action.
| 25 |
| (a) The Department may , singularly or in combination, |
|
|
|
SB1384 Enrolled |
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LRB096 08551 ASK 18673 b |
|
| 1 |
| refuse to
issue , restore, or renew a license , or may revoke or | 2 |
| suspend a license or registration,
or may place on probation or | 3 |
| administrative supervision, suspend, or revoke any license, or | 4 |
| may , censure, reprimand or take any disciplinary or | 5 |
| non-disciplinary action as the Department may deem proper, | 6 |
| including the imposition of fines impose a civil penalty not to
| 7 |
| exceed $10,000 per violation , upon any person, corporation, | 8 |
| partnership, or professional land
surveying firm licensed or | 9 |
| registered under this Act for any one or combination
of the | 10 |
| following reasons :
| 11 |
| (1) material misstatement in furnishing information to | 12 |
| the Department;
| 13 |
| (2) violation, including, but not limited to, neglect | 14 |
| or intentional
disregard, of this Act, or its rules;
| 15 |
| (3) conviction of, or entry of a plea of guilty or nolo | 16 |
| contendere to, any crime that is a felony under the laws of | 17 |
| the United States or any state or territory thereof or that | 18 |
| is a misdemeanor of which an essential element is | 19 |
| dishonesty, or any crime that is directly related to the | 20 |
| practice of the profession; conviction of any crime under | 21 |
| the laws of the United States, or any
state or territory | 22 |
| thereof, which is a felony, whether related to practice
or | 23 |
| not, or conviction of any crime, whether a felony, | 24 |
| misdemeanor, or
otherwise, an essential element of which is | 25 |
| dishonesty or which is directly
related to the practice of | 26 |
| land surveying;
|
|
|
|
SB1384 Enrolled |
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LRB096 08551 ASK 18673 b |
|
| 1 |
| (4) making any misrepresentation for the purpose of | 2 |
| obtaining a license,
or in applying for restoration or | 3 |
| renewal, or the practice of any fraud or
deceit in taking | 4 |
| any examination to qualify for licensure under this Act;
| 5 |
| (5) purposefully making false statements or signing | 6 |
| false statements,
certificates, or affidavits to induce | 7 |
| payment;
| 8 |
| (6) proof of carelessness, incompetence, negligence, | 9 |
| or misconduct in
practicing land surveying;
| 10 |
| (7) aiding or assisting another person in violating any | 11 |
| provision of
this Act or its rules;
| 12 |
| (8) failing to provide information in response to a | 13 |
| written request made
by the Department within 30 days after | 14 |
| receipt of such written request;
| 15 |
| (9) engaging in dishonorable, unethical, or | 16 |
| unprofessional conduct of a
character likely to deceive, | 17 |
| defraud, or harm the public;
| 18 |
| (10) inability to practice with reasonable judgment, | 19 |
| skill, or safety as a result of habitual or excessive use | 20 |
| of, or addiction to, alcohol, narcotics, stimulants or any | 21 |
| other chemical agent or drug; habitual intoxication or | 22 |
| addiction to the use of drugs;
| 23 |
| (11) discipline by the United States government, | 24 |
| another state, District
of Columbia, territory, foreign | 25 |
| nation or government agency if at least
one of the grounds | 26 |
| for the discipline is the same or substantially
equivalent |
|
|
|
SB1384 Enrolled |
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LRB096 08551 ASK 18673 b |
|
| 1 |
| to those set forth in this Act;
| 2 |
| (12) directly or indirectly giving to or receiving from | 3 |
| any person,
firm, corporation, partnership, or association | 4 |
| any fee, commission, rebate,
or other form of compensation | 5 |
| for any professional services not actually or
personally | 6 |
| rendered;
| 7 |
| (12.5) issuing a map or plat of survey where the fee | 8 |
| for professional
services is contingent on a real estate | 9 |
| transaction closing;
| 10 |
| (13) a finding by the Department Board that an | 11 |
| applicant or licensee has failed to
pay
a fine imposed by | 12 |
| the Department or a licensee whose license has been
placed | 13 |
| on probationary status has violated the terms of probation;
| 14 |
| (14) practicing on an expired, inactive, suspended, or | 15 |
| revoked license;
| 16 |
| (15) signing, affixing the Professional Land | 17 |
| Surveyor's seal or
permitting the Professional Land | 18 |
| Surveyor's seal to be affixed to any map
or plat of survey | 19 |
| not prepared by the Professional
Land Surveyor or under the | 20 |
| Professional Land Surveyor's direct supervision and
| 21 |
| control;
| 22 |
| (16) physical illness, including but not limited to | 23 |
| deterioration
through the aging process or loss of motor | 24 |
| skill, which results in the
inability to practice the | 25 |
| profession with reasonable judgment, skill, or
safety as a | 26 |
| result of physical illness, including, but not limited to, |
|
|
|
SB1384 Enrolled |
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LRB096 08551 ASK 18673 b |
|
| 1 |
| deterioration through the aging process or loss of motor | 2 |
| skill or a mental illness or disability ;
| 3 |
| (17) (blank); or issuing a check or other guarantee to | 4 |
| the order of the Department
which is not honored on 2 | 5 |
| occasions by the financial institution upon which
it is | 6 |
| drawn because of insufficient funds;
| 7 |
| (18) failure to adequately supervise or control land | 8 |
| surveying
operations being performed by subordinates.
| 9 |
| (a-5) In enforcing this Section, the Department or Board, | 10 |
| upon a showing of a possible violation, may compel a person | 11 |
| licensed to practice under this Act, or who has applied for | 12 |
| licensure or certification pursuant to this Act, to submit to a | 13 |
| mental or physical examination, or both, as required by and at | 14 |
| the expense of the Department. The Department or Board may | 15 |
| order the examining physician to present testimony concerning | 16 |
| the mental or physical examination of the licensee or | 17 |
| applicant. No information shall be excluded by reason of any | 18 |
| common law or statutory privilege relating to communications | 19 |
| between the licensee or applicant and the examining physician. | 20 |
| The examining physicians shall be specifically designated by | 21 |
| the Board or Department. The individual to be examined may | 22 |
| have, at his or her own expense, another physician of his or | 23 |
| her choice present during all aspects of the examination. | 24 |
| Failure of an individual to submit to a mental or physical | 25 |
| examination when directed shall be grounds for the immediate | 26 |
| suspension of his or her license until the individual submits |
|
|
|
SB1384 Enrolled |
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LRB096 08551 ASK 18673 b |
|
| 1 |
| to the examination if the Department finds that the refusal to | 2 |
| submit to the examination was without reasonable cause as | 3 |
| defined by rule. | 4 |
| If the Secretary immediately suspends the license of a | 5 |
| licensee for his or her failure to submit to a mental or | 6 |
| physical examination when directed, a hearing must be convened | 7 |
| by the Department within 15 days after the suspension and | 8 |
| completed without appreciable delay. | 9 |
| If the Secretary otherwise suspends a person's license | 10 |
| pursuant to the results of a compelled mental or physical | 11 |
| examination, a hearing on that person's license must be | 12 |
| convened by the Department within 15 days after the suspension | 13 |
| and completed without appreciable delay. The Department and | 14 |
| Board shall have the authority to review the subject | 15 |
| individual's record of treatment and counseling regarding | 16 |
| impairment to the extent permitted by applicable federal | 17 |
| statutes and regulations safeguarding the confidentiality of | 18 |
| medical records. | 19 |
| Any licensee suspended under this subsection (a-5) shall be | 20 |
| afforded an opportunity to demonstrate to the Department or | 21 |
| Board that he or she can resume practice in compliance with the | 22 |
| acceptable and prevailing standards under the provisions of his | 23 |
| or her license. In enforcing this Section, the Board upon a | 24 |
| showing of a possible
violation may compel a person licensed to | 25 |
| practice under this Act, or who has
applied for licensure or | 26 |
| certification pursuant to this Act, to submit to a
mental or |
|
|
|
SB1384 Enrolled |
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LRB096 08551 ASK 18673 b |
|
| 1 |
| physical examination, or both, as required by and at the | 2 |
| expense of
the Department. The examining physicians shall be | 3 |
| those specifically
designated by the Board. The Board or the | 4 |
| Department may order the examining
physician to present | 5 |
| testimony concerning this
mental or physical examination of the | 6 |
| licensee or applicant. No information
shall be excluded by | 7 |
| reason of any common law or statutory privilege relating
to | 8 |
| communications between the licensee or applicant and the | 9 |
| examination
physician. The person to be examined may have, at | 10 |
| his or her own expense,
another physician of his or her choice | 11 |
| present during all aspects of the
examination. Failure of any | 12 |
| person to submit to a mental or
physical examination, when | 13 |
| directed, shall be grounds for suspension of a
licensee until | 14 |
| the person submits to the examination if the Board finds, after
| 15 |
| notice and hearing, that the refusal to submit to the | 16 |
| examination was without
reasonable cause.
| 17 |
| If the Board finds a person unable to practice because of | 18 |
| the reasons set
forth in this Section, the Board may require | 19 |
| that person to submit to care,
counseling, or treatment by | 20 |
| physicians approved or designated by the Board as
a condition, | 21 |
| term, or restriction for continued, reinstated, or renewed
| 22 |
| licensure to practice; or, in lieu of care, counseling, or | 23 |
| treatment, the Board
may recommend to the Department to file a | 24 |
| complaint to immediately suspend,
revoke, or otherwise | 25 |
| discipline the license of the person. Any person whose
license | 26 |
| was granted, continued, reinstated, renewed, disciplined, or |
|
|
|
SB1384 Enrolled |
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LRB096 08551 ASK 18673 b |
|
| 1 |
| supervised
subject to such terms, conditions, or restrictions | 2 |
| and who fails to comply with
such terms, conditions, or | 3 |
| restrictions shall be referred to the Director for a
| 4 |
| determination as to whether the person shall have his or her | 5 |
| license suspended
immediately, pending a hearing by the Board.
| 6 |
| (b) The determination by a circuit court that a licensee is | 7 |
| subject to
involuntary admission or judicial admission as | 8 |
| provided in the Mental
Health and Developmental Disabilities | 9 |
| Code, as
now or hereafter amended, operates as an automatic | 10 |
| license suspension. Such
suspension will end only upon a | 11 |
| finding by a court that the patient is no
longer subject to | 12 |
| involuntary admission or judicial admission and the
issuance of | 13 |
| an order so finding and discharging the patient and upon the
| 14 |
| recommendation of the Board to the Director that the licensee | 15 |
| be allowed to
resume his or her practice.
| 16 |
| (c) The Department shall deny a license or renewal | 17 |
| authorized by this Act to a person who has defaulted on an | 18 |
| educational loan or scholarship provided or guaranteed by the | 19 |
| Illinois Student Assistance Commission or any governmental | 20 |
| agency of this State in accordance with subdivision (a)(5) of | 21 |
| Section 15 of the Department of Professional Regulation Law of | 22 |
| the Civil Administrative Code of Illinois (20 ILCS | 23 |
| 2105/2105-15). | 24 |
| (d) In cases where the Department of Healthcare and Family | 25 |
| Services (formerly the Department of Public Aid) has previously | 26 |
| determined that a licensee or a potential licensee is more than |
|
|
|
SB1384 Enrolled |
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LRB096 08551 ASK 18673 b |
|
| 1 |
| 30 days delinquent in the payment of child support and has | 2 |
| subsequently certified the delinquency to the Department, the | 3 |
| Department shall refuse to issue or renew or shall revoke or | 4 |
| suspend that person's license or shall take other disciplinary | 5 |
| action against that person based solely upon the certification | 6 |
| of delinquency made by the Department of Healthcare and Family | 7 |
| Services in accordance with subdivision (a)(5) of Section 15 of | 8 |
| the Department of Professional Regulation Law of the Civil | 9 |
| Administrative Code of Illinois (20 ILCS 2105/2105-15). | 10 |
| (e) The Department shall refuse to issue or renew or shall | 11 |
| revoke or suspend a person's license or shall take other | 12 |
| disciplinary action against that person for his or her failure | 13 |
| to file a return, to pay the tax, penalty, or interest shown in | 14 |
| a filed return, or to pay any final assessment of tax, penalty, | 15 |
| or interest as required by any tax Act administered by the | 16 |
| Department of Revenue, until such time as the requirements of | 17 |
| the tax Act are satisfied in accordance with subsection (g) of | 18 |
| Section 15 of the Department of Professional Regulation Law of | 19 |
| the Civil Administrative Code of Illinois (20 ILCS | 20 |
| 2105/2105-15). | 21 |
| (Source: P.A. 91-132, eff. 1-1-00.)
| 22 |
| (225 ILCS 330/28) (from Ch. 111, par. 3278)
| 23 |
| (Section scheduled to be repealed on January 1, 2010)
| 24 |
| Sec. 28. Violation; Injunction; Cease and desist order. | 25 |
| Each of
the following acts is declared to be inimical to the |
|
|
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| 1 |
| public welfare and to
constitute a public nuisance:
| 2 |
| (a) If any person violates the provisions of this Act, the | 3 |
| Secretary, in the name of the people of the State of Illinois, | 4 |
| through the Attorney General or the State's Attorney of the | 5 |
| county in which the violation is alleged to have occurred may | 6 |
| petition for an order enjoining the violation or for an order | 7 |
| enforcing compliance with this Act. Upon the filing of a | 8 |
| verified petition, the court with appropriate jurisdiction may | 9 |
| issue a temporary restraining order, without notice or bond, | 10 |
| and may preliminarily and permanently enjoin the violation. If | 11 |
| it is established that the person has violated or is violating | 12 |
| the injunction, the court may punish the offender for contempt | 13 |
| of court. Proceedings under this Section are in addition to and | 14 |
| not in lieu of any other remedies and penalties provided by | 15 |
| this Act. The practice or attempt to practice land surveying | 16 |
| without a license
or authority to practice as a Professional | 17 |
| Land Surveyor.
| 18 |
| (a-5) Whenever, in the opinion of the Department, a person | 19 |
| violates any provision of this Act, the Department may issue a | 20 |
| rule to show cause why an order to cease and desist should not | 21 |
| be entered against that person. The rule shall clearly set | 22 |
| forth the grounds relied upon by the Department and shall allow | 23 |
| at least 7 days from the date of the rule to file an answer | 24 |
| satisfactory to the Department. Failure to answer to the | 25 |
| satisfaction of the Department shall cause an order to cease | 26 |
| and desist to be issued. |
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| (b) (Blank). The use of the title "Illinois Professional | 2 |
| Land Surveyor" or the
abbreviation "P.L.S." or "L.S." or any | 3 |
| words or letters indicating
that a person is a Professional | 4 |
| Land Surveyor or Land Surveyor
by any person who has not | 5 |
| received a license or authority to practice as an
Illinois | 6 |
| Professional Land Surveyor.
| 7 |
| The Director may, in the name of the People of the State of | 8 |
| Illinois,
through the Attorney General of the State of | 9 |
| Illinois, or the State's
Attorney of any county in the State of | 10 |
| Illinois, apply to the circuit court
for an injunction to | 11 |
| enjoin any person from engaging in any of the
practices named | 12 |
| and paragraphs (a) and (b). Upon the filing of a verified
| 13 |
| petition in such court, the
court, if satisfied by affidavit or | 14 |
| otherwise that such person is or has
been engaged in any of the | 15 |
| practices named in paragraphs (a) and (b), may
issue a | 16 |
| temporary restraining order or preliminary
injunction, without | 17 |
| notice or bond, enjoining the defendant from further
engaging | 18 |
| in such practices. A copy of the verified petition shall be
| 19 |
| served upon the defendant and the proceedings shall thereafter | 20 |
| be conducted
as in other civil cases. If it is established that | 21 |
| the defendant has been,
or is engaged in any of the practices | 22 |
| named in paragraphs (a) and
(b), the court may enter a
decree | 23 |
| perpetually enjoining such defendant from further engaging in | 24 |
| those
practices. In case of violation of any injunction issued | 25 |
| under the
provisions of this Section, the court may summarily | 26 |
| try and punish the
offender for contempt of court. An |
|
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| injunction proceeding is in addition
to and not in lieu of all | 2 |
| penalties and other remedies provided in this Act.
| 3 |
| Whenever, in the opinion of the Department, any person | 4 |
| violates any
provision of this Act, the Department may issue a | 5 |
| rule to show cause why an
order to cease and desist should not | 6 |
| be entered against that person. The rule
shall clearly set | 7 |
| forth the grounds relied upon by the Department and shall
| 8 |
| provide a period of 7 days from the date of the rule to file an | 9 |
| answer to
the satisfaction of the Department. Failure to answer | 10 |
| to the satisfaction
of the Department shall cause an order to | 11 |
| cease and desist to be issued immediately.
| 12 |
| (Source: P.A. 86-987.)
| 13 |
| (225 ILCS 330/29) (from Ch. 111, par. 3279)
| 14 |
| (Section scheduled to be repealed on January 1, 2010)
| 15 |
| Sec. 29. Investigations; notice and hearing. A license or | 16 |
| registration
issued under the provisions of this Act may be | 17 |
| revoked, suspended, not renewed
or restored, or otherwise | 18 |
| disciplined, or applications for license or
registration may be | 19 |
| refused, in the manner set forth in this Act. The
Department | 20 |
| may , upon its own action, and shall, upon the verified | 21 |
| complaint in
writing of any person setting forth facts which, | 22 |
| if proven, would constitute
grounds for discipline, | 23 |
| investigate the actions of any person or other entity
holding, | 24 |
| applying for or claiming to hold a license, or practicing or | 25 |
| offering
to practice land surveying. Before the initiation of |
|
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| an investigation, the
matter shall be reviewed by a | 2 |
| subcommittee of the Board according to procedures
established | 3 |
| by rule for the Complaint Committee. The Department shall,
| 4 |
| before refusing to issue, renew or restore, suspending or | 5 |
| revoking any license
or registration, or imposing any other | 6 |
| disciplinary action, at least 30
days prior to the date set for | 7 |
| the hearing, notify the person accused in
writing of any | 8 |
| charges made and shall direct the person or entity to file a
| 9 |
| written answer to the Board under oath within 20 days after the | 10 |
| service of the
notice and inform the person or entity that if | 11 |
| the person or entity fails to
file an answer default will be | 12 |
| taken and that the license or certificate may be
suspended, | 13 |
| revoked, placed on probationary status, or other disciplinary | 14 |
| action
may be taken, including limiting the scope, nature or | 15 |
| extent of practice, as
the Secretary Director may deem proper. | 16 |
| The Department shall afford the accused person or
entity an | 17 |
| opportunity to be heard in person or by counsel in reference to | 18 |
| the
charges. This written notice may be served by personal | 19 |
| delivery
to the accused
person or entity or certified mail to | 20 |
| the last address specified by the accused
person or entity in | 21 |
| the last notification to the Department. In case the person
or | 22 |
| entity fails to file an answer after receiving notice, his or | 23 |
| her license or
certificate may, in the discretion of the | 24 |
| Department, be suspended, revoked, or
placed on probationary | 25 |
| status, or the Department may take whatever disciplinary
action | 26 |
| deemed proper, including limiting the scope, nature, or extent |
|
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| 1 |
| of the
person's practice or the imposition of a fine, without a | 2 |
| hearing, if the act or
acts charged constitute sufficient | 3 |
| grounds for such action under this Act.
At the time and place | 4 |
| fixed in the notice, the Board shall hear the charges and
the | 5 |
| accused person or entity shall be accorded ample opportunity to | 6 |
| present any
statements, testimony, evidence and argument as may | 7 |
| be relevant to the charges
or their defense. The Board may | 8 |
| continue the hearing from time to time.
| 9 |
| The Department Board may from time to time and in | 10 |
| co-operation with the Department's
legal advisors employ | 11 |
| individual land surveyors possessing the same minimum
| 12 |
| qualifications as required for Board candidates to assist with | 13 |
| its
investigative duties.
| 14 |
| Persons who assist the Department as consultants or expert | 15 |
| witnesses in
the investigation or prosecution of alleged | 16 |
| violations of the Act,
licensure matters, restoration | 17 |
| proceedings, or criminal prosecutions, are
not liable for | 18 |
| damages in any civil action or proceeding as a result of
their | 19 |
| assistance, except upon proof of actual malice. The
Attorney | 20 |
| General shall defend these persons in any such action or | 21 |
| proceeding.
| 22 |
| (Source: P.A. 93-467, eff. 1-1-04.)
| 23 |
| (225 ILCS 330/30) (from Ch. 111, par. 3280)
| 24 |
| (Section scheduled to be repealed on January 1, 2010)
| 25 |
| Sec. 30. Stenographer; transcript. The Department, at its
|
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| expense, shall provide a stenographer to take down the | 2 |
| testimony and
preserve a record of all proceedings at the | 3 |
| hearing of any case where a
license is revoked, suspended, or | 4 |
| other disciplinary action is taken.
The notice of hearing, | 5 |
| complaint and all other documents in the nature of
pleadings | 6 |
| and written motions filed in the proceedings, the transcript of
| 7 |
| testimony, the report of the Board and the orders of the | 8 |
| Department shall be
the record of the proceedings. The | 9 |
| Department shall furnish a
transcript of the record to any | 10 |
| person interested in the hearing upon
payment of the fee | 11 |
| required under Section 2105-115 of the
Department of | 12 |
| Professional Regulation Law (20 ILCS 2105/2105-115).
| 13 |
| (Source: P.A. 91-239, eff. 1-1-00.)
| 14 |
| (225 ILCS 330/31) (from Ch. 111, par. 3281)
| 15 |
| (Section scheduled to be repealed on January 1, 2010)
| 16 |
| Sec. 31. Subpoenas, depositions, oaths. Testimony; Oath. | 17 |
| The Department has the power to subpoena documents, books, | 18 |
| records, or other materials and to bring before it any person | 19 |
| and to take testimony either orally or by deposition, or both, | 20 |
| with the same fees and mileage and in the same manner as is | 21 |
| prescribed in civil cases in the courts of this State. | 22 |
| The Secretary, the designated hearing officer, and every | 23 |
| member of the Board has the power to administer oaths to | 24 |
| witnesses at any hearing that the Department is authorized to | 25 |
| conduct and any other oaths authorized in any Act administered |
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| by the Department. the Department has power to subpoena and
| 2 |
| bring before it any person in this State and to take testimony | 3 |
| either
orally or by deposition, or both, with the same fees and | 4 |
| mileage and in the
same manner as prescribed by law in judicial | 5 |
| proceedings in civil cases in
circuit courts of this State.
| 6 |
| The Director, and any member of the Board, each has power | 7 |
| to administer
oaths to witnesses at any hearing which the | 8 |
| Department is authorized by law
to conduct, and any other oaths | 9 |
| required or authorized in any Act
administered by the | 10 |
| Department.
| 11 |
| (Source: P.A. 86-987.)
| 12 |
| (225 ILCS 330/33) (from Ch. 111, par. 3283)
| 13 |
| (Section scheduled to be repealed on January 1, 2010)
| 14 |
| Sec. 33. Notice of hearing; Findings and recommendations. | 15 |
| At the
conclusion of the hearing the Board shall present to the | 16 |
| Secretary Director a written
report of its findings and | 17 |
| recommendations. The report shall contain a
finding whether or | 18 |
| not the accused person violated this Act or failed to
comply | 19 |
| with the conditions required in this Act. The Board shall | 20 |
| specify
the nature of the violation or failure to comply, and | 21 |
| shall make its
recommendations to the Secretary Director .
| 22 |
| The report of findings and recommendations of the Board | 23 |
| shall be the basis
for the Department's order unless the | 24 |
| Secretary disagrees with the Board Director determines that the | 25 |
| Board
report is contrary to
the manifest weight of the evidence |
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| 1 |
| or law , in which case the Secretary Director may
issue an order | 2 |
| in contravention of the Board report stating the reasons
for | 3 |
| the order. The report, findings, and recommendations are not | 4 |
| admissible in
evidence against the person in a criminal | 5 |
| prosecution brought for the
violation of this Act, but the | 6 |
| hearing and findings are not a bar to a
criminal prosecution | 7 |
| brought for the violation of this Act.
| 8 |
| (Source: P.A. 86-987.)
| 9 |
| (225 ILCS 330/34) (from Ch. 111, par. 3284)
| 10 |
| (Section scheduled to be repealed on January 1, 2010)
| 11 |
| Sec. 34. Board; Rehearing. A In any case involving the | 12 |
| refusal to
issue, restore or renew a license or the | 13 |
| disciplining of a licensee, a copy
of the Board's report shall | 14 |
| be served upon the respondent by the
Department, either | 15 |
| personally or as provided in this Act for the service of
the | 16 |
| notice of hearing. Within 20 days after such service, the | 17 |
| respondent
may present to the Department a motion in writing | 18 |
| for a rehearing
which shall specify the particular grounds for | 19 |
| rehearing. If no motion
for rehearing is filed, then upon the | 20 |
| expiration of the time specified for
filing the motion, or if a | 21 |
| motion for rehearing is denied, then upon
such denial, the | 22 |
| Secretary Director may enter an order in accordance with
| 23 |
| recommendations of the Board except as provided in Section 33 | 24 |
| of this
Act. If the respondent orders from the reporting | 25 |
| service and pays for
a transcript of the record within the time |
|
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| 1 |
| for filing a motion for
rehearing, the 20 day period within | 2 |
| which the motion may be filed shall
commence upon the delivery | 3 |
| of the transcript to the respondent.
| 4 |
| (Source: P.A. 86-987.)
| 5 |
| (225 ILCS 330/35) (from Ch. 111, par. 3285)
| 6 |
| (Section scheduled to be repealed on January 1, 2010)
| 7 |
| Sec. 35. Secretary; rehearing. Director; Rehearing. | 8 |
| Whenever the Secretary believes that substantial justice has | 9 |
| not been done in the revocation, suspension, or refusal to | 10 |
| issue, restore, or renew a license, or other discipline of an | 11 |
| applicant or licensee, he or she may order a rehearing by the | 12 |
| same or another examiner. Whenever the Director is not | 13 |
| satisfied
that substantial justice has been done in the | 14 |
| revocation, suspension,
or refusal to issue or renew a license | 15 |
| or other disciplinary proceeding,
the Director may order a | 16 |
| rehearing
by the same or another board appointed to rehear the | 17 |
| matter.
| 18 |
| (Source: P.A. 86-987.)
| 19 |
| (225 ILCS 330/36) (from Ch. 111, par. 3286)
| 20 |
| (Section scheduled to be repealed on January 1, 2010)
| 21 |
| Sec. 36. Appointment of a hearing officer. Notwithstanding | 22 |
| the provisions of Section 33 of this Act, the Secretary | 23 |
| Director has
the authority to appoint any attorney duly | 24 |
| licensed to practice law in the
State of Illinois to serve as |
|
|
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| 1 |
| the hearing officer in any action for
discipline of a licensee . | 2 |
| The Director shall notify the Board of any such
appointment. | 3 |
| The hearing officer has full authority to conduct the
hearing. | 4 |
| The Board has the right to have at least one member
present at | 5 |
| any hearing conducted by such hearing officer. The hearing
| 6 |
| officer shall report his findings of fact, conclusions of law | 7 |
| and
recommendations to the Board and the Secretary Director . | 8 |
| The Board shall have 60
days from receipt of the report to | 9 |
| review the report of the hearing officer
and present their | 10 |
| findings of fact, conclusions of law and recommendations
to the | 11 |
| Secretary Director . If the Board fails to present its report | 12 |
| within the 60 day period,
the Secretary Director shall issue an | 13 |
| order based on the report of the hearing
officer. If the | 14 |
| Secretary Director disagrees in any regard with the report of | 15 |
| the
Board or hearing officer, he may issue an order in | 16 |
| contravention thereof.
The Secretary Director shall provide a | 17 |
| written explanation to the Board on any such
deviation , and | 18 |
| shall specify with particularity the reasons for such action
in | 19 |
| the final order .
| 20 |
| (Source: P.A. 86-987.)
| 21 |
| (225 ILCS 330/36.1) (from Ch. 111, par. 3286.1)
| 22 |
| (Section scheduled to be repealed on January 1, 2010)
| 23 |
| Sec. 36.1. Returned checks; fines. Any person who delivers | 24 |
| a check or other payment to the Department that
is returned to | 25 |
| the Department unpaid by the financial institution upon
which |
|
|
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| 1 |
| it is drawn shall pay to the Department, in addition to the | 2 |
| amount
already owed to the Department, a fine of $50. The fines | 3 |
| imposed by this Section are in addition
to any other discipline | 4 |
| provided under this Act for unlicensed
practice or practice on | 5 |
| a nonrenewed license. The Department shall notify
the person | 6 |
| that payment of fees and fines shall be paid to the Department
| 7 |
| by certified check or money order within 30 calendar days of | 8 |
| the
notification. If, after the expiration of 30 days from the | 9 |
| date of the
notification, the person has failed to submit the | 10 |
| necessary remittance, the
Department shall automatically | 11 |
| terminate the license or certificate or deny
the application, | 12 |
| without hearing. If, after termination or denial, the
person | 13 |
| seeks a license or certificate, he or she shall apply to the
| 14 |
| Department for restoration or issuance of the license or | 15 |
| certificate and
pay all fees and fines due to the Department. | 16 |
| The Department may establish
a fee for the processing of an | 17 |
| application for restoration of a license or
certificate to pay | 18 |
| all expenses of processing this application. The Secretary | 19 |
| Director
may waive the fines due under this Section in | 20 |
| individual cases where the
Secretary Director finds that the | 21 |
| fines would be unreasonable or unnecessarily
burdensome.
| 22 |
| (Source: P.A. 92-146, eff. 1-1-02.)
| 23 |
| (225 ILCS 330/37) (from Ch. 111, par. 3287)
| 24 |
| (Section scheduled to be repealed on January 1, 2010)
| 25 |
| Sec. 37. Order or certified copy; prima facie proof. An |
|
|
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| 1 |
| order or certified
copy thereof, over the seal of the | 2 |
| Department and purporting to be signed by
the Secretary | 3 |
| Director , shall be prima facie proof that:
| 4 |
| (a) the signature is the genuine signature of the
| 5 |
| Secretary Director ;
| 6 |
| (b) the Secretary Director is duly appointed and | 7 |
| qualified; and
| 8 |
| (c) the Board and the members thereof are qualified to | 9 |
| act.
| 10 |
| (Source: P.A. 91-357, eff. 7-29-99.)
| 11 |
| (225 ILCS 330/40) (from Ch. 111, par. 3290)
| 12 |
| (Section scheduled to be repealed on January 1, 2010)
| 13 |
| Sec. 40. Temporary suspension of a license. The Secretary | 14 |
| Director may
temporarily suspend the license of a Professional | 15 |
| Land Surveyor or Land
Surveyor-in-Training without a
hearing, | 16 |
| simultaneously with the institution of proceedings for a | 17 |
| hearing
under Section 29 of this Act, if the Secretary Director | 18 |
| finds that
evidence in his possession indicates that a | 19 |
| Professional Land Surveyor's
or Land Surveyor-in-Training's | 20 |
| continuation in practice would constitute an
imminent danger to | 21 |
| the public.
In the event that the Secretary Director | 22 |
| temporarily suspends the license of a
Professional Land | 23 |
| Surveyor or Land Surveyor-in-Training without a hearing,
a | 24 |
| hearing by the Board must
be commenced within 30 days after | 25 |
| such suspension has occurred.
|
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|
| 1 |
| (Source: P.A. 86-987.)
| 2 |
| (225 ILCS 330/43) (from Ch. 111, par. 3293)
| 3 |
| (Section scheduled to be repealed on January 1, 2010)
| 4 |
| Sec. 43. Violations. A person is guilty of a Class A | 5 |
| misdemeanor for a first offense, and guilty of a Class 4 felony | 6 |
| for a second or subsequent offense, when he or she commits any | 7 |
| of the following acts: Each of the following acts constitutes a
| 8 |
| Class A misdemeanor for the first offense and a Class 4 felony | 9 |
| for a second
or subsequent offense:
| 10 |
| (a) The violation of any provision of this Act or its | 11 |
| rules.
| 12 |
| (b) The making of any willfully false oath or affirmation | 13 |
| in any matter
or proceeding where an oath or affirmation is | 14 |
| required by this Act.
| 15 |
| (c) Obtaining or attempting to obtain a license or | 16 |
| registration by fraud.
| 17 |
| (d) Using, or attempting to use, an expired, suspended, or | 18 |
| revoked
license or certificate of registration or the license, | 19 |
| certificate of
registration, or seal of another, or | 20 |
| impersonating another
licensee or practicing land surveying | 21 |
| while one's license is expired,
suspended, or revoked.
| 22 |
| (e) Use of the title "Professional Land Surveyor", or "Land | 23 |
| Surveyor", or
the abbreviation "P.L.S." or "L.S.", or any words | 24 |
| or letters indicating that a
person is a Professional Land | 25 |
| Surveyor, by any person who has not received a
license to |
|
|
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| 1 |
| practice as an Illinois Professional Land Surveyor.
| 2 |
| (f) If any person, sole proprietorship, professional | 3 |
| service corporation,
limited liability company, corporation or | 4 |
| partnership, or other entity
practices as a professional land | 5 |
| surveyor or advertises or displays any sign
or card or other | 6 |
| device that might indicate to the public that the person or
| 7 |
| entity is entitled to practice as a professional land surveyor, | 8 |
| or use the
title "professional land surveyor", or any of its | 9 |
| derivations unless the
person or entity holds an active license | 10 |
| as a professional land surveyor or
registration as a | 11 |
| Professional Land Surveying Firm in the State; then, in
| 12 |
| addition to any other penalty provided by law, any person who | 13 |
| violates
this subsection (f) shall forfeit and pay to the | 14 |
| Design Professionals
Administration and Investigation Fund a | 15 |
| civil penalty in an amount determined
by the Department of not | 16 |
| more than $10,000 $5,000 for each offense.
| 17 |
| (g) The practice, attempt to practice, or offer to practice | 18 |
| land
surveying, without a license as a Professional Land | 19 |
| Surveyor or registration
as a Professional Land Surveying Firm. | 20 |
| Each day of practicing land surveying,
or attempting to | 21 |
| practice land surveying, and each instance of offering to
| 22 |
| practice land surveying without a license as a Professional | 23 |
| Land Surveyor or
registration as a Professional Land Surveying | 24 |
| Firm constitutes a separate
offense.
| 25 |
| Criminal fines and penalties shall be deposited in the | 26 |
| treasury of the county
in which the violation occurred and |
|
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| 1 |
| administrative fines shall be deposited in
the Design | 2 |
| Professionals Administration and Investigation Fund.
| 3 |
| All fines and penalties under Section 27 shall be deposited | 4 |
| in
the Design Professions Administration and Investigation | 5 |
| Fund.
| 6 |
| (Source: P.A. 88-428.)
| 7 |
| Section 99. Effective date. This Act takes effect upon | 8 |
| becoming law.
|
|