Full Text of SB0448 095th General Assembly
SB0448enr 95TH 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 Illinois Roofing Industry Licensing Act is | 5 |
| amended by changing Sections 2, 3.5, 6, 9.1, and 10 and by | 6 |
| adding Section 10b as follows:
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| (225 ILCS 335/2) (from Ch. 111, par. 7502)
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| (Section scheduled to be repealed on January 1, 2016)
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| Sec. 2. Definitions. As used in this Act, unless the | 10 |
| context otherwise
requires:
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| (a) "Licensure" means the act of obtaining or
holding a | 12 |
| license issued by the Department as provided in this Act.
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| (b) "Department" means the Department of Professional | 14 |
| Regulation.
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| (c) "Director" means the Director of Professional | 16 |
| Regulation.
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| (d) "Person" means any individual, partnership, | 18 |
| corporation, business
trust, limited liability company, or | 19 |
| other legal entity.
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| (e) "Roofing contractor" is one whose services are | 21 |
| unlimited in the
roofing trade and who has the experience, | 22 |
| knowledge and skill to construct,
reconstruct, alter, maintain | 23 |
| and repair roofs and use materials and items
used in the |
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| construction, reconstruction, alteration, maintenance and
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| repair of all kinds of roofing and waterproofing as related to | 3 |
| roofing , all in such manner to
comply with all plans, | 4 |
| specifications, codes, laws, and regulations
applicable | 5 |
| thereto, but does not include such contractor's employees to | 6 |
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extent the requirements of Section 3 of this Act apply and | 7 |
| extend to such
employees.
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| (f) "Board" means the Roofing Advisory Board.
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| (g) "Qualifying party" means the individual filing as a | 10 |
| sole proprietor,
partner of a partnership, officer of a | 11 |
| corporation, trustee of a business
trust, or party of another | 12 |
| legal entity, who is legally qualified to act for
the business | 13 |
| organization in all matters connected with its roofing | 14 |
| contracting
business, has the authority to supervise roofing | 15 |
| installation operations, and
is
actively engaged in day to day | 16 |
| activities of the business organization.
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| "Qualifying party" does not apply to a seller of roofing | 18 |
| materials or
services when the construction, reconstruction,
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| alteration, maintenance, or repair of roofing or waterproofing | 20 |
| is to be
performed by a person other than the seller or the | 21 |
| seller's
employees.
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| (h) "Limited roofing license" means a license made | 23 |
| available to
contractors whose roofing business is limited to | 24 |
| residential roofing, including
residential properties | 25 |
| consisting of 8 units or less.
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| (i) "Unlimited roofing license" means a license made |
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| available to
contractors whose roofing business is unlimited in | 2 |
| nature and includes roofing
on residential, commercial, and | 3 |
| industrial properties.
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| (Source: P.A. 90-55, eff. 1-1-98; 91-950, eff. 2-9-01 .)
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| (225 ILCS 335/3.5)
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| (Section scheduled to be repealed on January 1, 2016)
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| Sec. 3.5. Examination.
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| (a) The Department shall authorize examinations for | 9 |
| applicants for
initial licenses at the time and place it may
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| designate. The examinations shall be of a character to fairly | 11 |
| test the
competence and qualifications of applicants to act as | 12 |
| roofing contractors.
Each applicant for limited licenses shall | 13 |
| designate a qualifying party who
shall
take an examination, the | 14 |
| technical
portion of which shall cover residential roofing | 15 |
| practices. Each applicant for
an
unlimited license shall | 16 |
| designate a qualifying party who shall take an
examination, the | 17 |
| technical portion of which
shall cover residential, | 18 |
| commercial, and industrial roofing practices.
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| (b) An applicant for a limited license or an unlimited | 20 |
| license or a
qualifying party designated by an applicant for a | 21 |
| limited license or unlimited
license
shall pay, either to the | 22 |
| Department or the
designated testing service, a fee established | 23 |
| by the Department to cover the
cost of providing the | 24 |
| examination. Failure of the individual scheduled
to appear for | 25 |
| the
examination on
the scheduled date at the time and place |
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| specified after his or her application
for examination has been | 2 |
| received and acknowledged by the Department
or the designated | 3 |
| testing service shall result in forfeiture of the examination
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| fee.
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| (c) A person who has a license as described in subsection | 6 |
| (1.5) of Section 3
is exempt from the examination requirement | 7 |
| of this Section, so long as (1) the
license continues to be | 8 |
| valid and is renewed before expiration and (2) the
person is | 9 |
| not newly designated as a qualifying party after July 1, 2003. | 10 |
| The
qualifying party for an
applicant for a new license must | 11 |
| have passed an examination authorized by
the Department
before
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| the Department may issue a license.
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| (d) The application for a license as a corporation, | 14 |
| business trust, or other legal entity submitted by a sole | 15 |
| proprietor who is currently licensed under this Act and exempt | 16 |
| from the examination requirement of this Section shall not be | 17 |
| considered an application for initial licensure for the | 18 |
| purposes of this subsection (d) if the sole proprietor is named | 19 |
| in the application as the qualifying party and is the sole | 20 |
| owner of the legal entity. Upon issuance of a license to the | 21 |
| new legal entity, the sole proprietorship license is | 22 |
| terminated. | 23 |
| The application for initial licensure as a partnership, | 24 |
| corporation, business trust, or other legal entity submitted by | 25 |
| a currently licensed partnership, corporation, business trust, | 26 |
| or other legal entity shall not be considered an application |
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| for initial licensure for the purposes of this subsection (d) | 2 |
| if the entity's current qualifying party is exempt from the | 3 |
| examination requirement of this Section, that qualifying party | 4 |
| is named as the new legal entity's qualifying party, and the | 5 |
| majority of ownership in the new legal entity remains the same | 6 |
| as the currently licensed entity. Upon issuance of a license to | 7 |
| the new legal entity under this subsection (d), the former | 8 |
| license issued to the applicant is terminated.
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| (e) An applicant has 3 years after the date of his or her | 10 |
| application to complete
the application process. If the process | 11 |
| has not been completed within 3 years,
the application shall be | 12 |
| denied, the fee shall be forfeited, and the applicant
must | 13 |
| reapply and meet the requirements in effect at the time of
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| reapplication.
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| (Source: P.A. 91-950, eff. 2-9-01 .)
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| (225 ILCS 335/6) (from Ch. 111, par. 7506)
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| (Section scheduled to be repealed on January 1, 2016)
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| Sec. 6. Expiration ; restoration; renewal
of license .
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| (a) The expiration date and renewal period for each | 20 |
| certificate of registration issued under this Act shall be set | 21 |
| by the Department by rule. | 22 |
| (b) A licensee who has permitted his or her license to | 23 |
| expire or whose license is on inactive status may have his or | 24 |
| her license restored by making application to the Department in | 25 |
| the form and manner prescribed by the Department.
(1) Licenses |
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| shall expire biennially at midnight on
June
30 of each | 2 |
| odd-numbered year.
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| (2) Failure to renew the license prior to the expiration
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| thereof
shall cause the license to become nonrenewed and it | 5 |
| shall
be unlawful
thereafter for the licensee to engage, offer | 6 |
| to engage, or hold
himself or herself out
as engaging, in | 7 |
| roofing contracting business under the license unless
and until | 8 |
| the license is restored or reissued as defined by
rule.
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| (Source: P.A. 89-387, eff. 1-1-96; 90-55, eff. 1-1-98 .)
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| (225 ILCS 335/9.1) (from Ch. 111, par. 7509.1)
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| (Section scheduled to be repealed on January 1, 2016)
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| Sec. 9.1. Grounds for disciplinary action. The Department | 13 |
| may refuse
to issue or to renew, or may revoke, suspend, place | 14 |
| on probation, reprimand
or take other disciplinary or | 15 |
| non-disciplinary action as the Department may deem proper,
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| including fines not to exceed $10,000
$1,000 for each | 17 |
| violation, with regard to any
license for any one or | 18 |
| combination of the following causes:
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| (a) violation of this Act or its rules;
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| (b) conviction or plea of guilty or nolo contendere of | 21 |
| any crime under the laws of the United States or any state | 22 |
| or territory thereof that
U.S. jurisdiction
which is (i) a | 23 |
| felony or (ii)
which is a misdemeanor, an essential element
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| of which is dishonesty , or that is
of any crime which
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| directly related
relates to the
practice of the profession;
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| (c) making any misrepresentation for the purpose of | 2 |
| obtaining a license;
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| (d) professional incompetence or gross negligence in | 4 |
| the practice of
roofing contracting , prima facie evidence | 5 |
| of which may be a conviction or judgment in any court of | 6 |
| competent jurisdiction against an applicant or licensee | 7 |
| relating to the practice of roofing contracting or the | 8 |
| construction of a roof or repair thereof that results in | 9 |
| leakage within 90 days after the completion of such work ;
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| (e) (blank);
gross malpractice, prima facie evidence | 11 |
| of which may be a conviction
or judgment of malpractice in | 12 |
| any court of competent jurisdiction;
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| (f) aiding or assisting another person in violating any | 14 |
| provision of
this Act or rules;
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| (g) failing, within 60 days, to provide information in | 16 |
| response to a
written request made by the Department which | 17 |
| has been sent by certified or
registered mail to the | 18 |
| licensee's last known address;
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| (h) engaging in dishonorable, unethical, or | 20 |
| unprofessional conduct of a
character likely to deceive, | 21 |
| defraud, or harm the public;
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| (i) habitual or excessive use or addiction to alcohol, | 23 |
| narcotics,
stimulants or any other chemical agent or drug | 24 |
| which results in the
inability to practice with reasonable | 25 |
| judgment, skill, or safety;
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| (j) discipline by another U.S. jurisdiction or foreign |
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| nation, if at
least one of the grounds for the discipline | 2 |
| is the same or substantially
equivalent to those set forth | 3 |
| in this Section;
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| (k) directly or indirectly giving to or receiving from | 5 |
| any person, firm,
corporation, partnership, or association | 6 |
| any fee, commission, rebate, or
other form of compensation | 7 |
| for any professional services not actually or
personally | 8 |
| rendered;
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| (l) a finding by the Department that the licensee, | 10 |
| after having his
or her license placed on probationary | 11 |
| status has violated the terms of
probation;
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| (m) a finding
conviction by any court of competent | 13 |
| jurisdiction, either within or
without this State, of any | 14 |
| violation of any law governing the practice of
roofing | 15 |
| contracting, if the Department determines, after | 16 |
| investigation,
that such person has not been sufficiently | 17 |
| rehabilitated to warrant the
public trust;
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| (n) a finding that licensure has been applied for or | 19 |
| obtained by
fraudulent means;
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| (o) practicing, attempting to practice, or advertising | 21 |
| under
a name
other than the
full name as shown on the | 22 |
| license or any other legally authorized name;
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| (p) gross and willful overcharging for professional | 24 |
| services including
filing false statements for collection | 25 |
| of fees or monies for which services
are not rendered;
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| (q) failure to file a return, or to pay the tax, |
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| penalty or interest
shown in a filed return, or to pay any | 2 |
| final assessment of tax, penalty or
interest, as required | 3 |
| by any tax Act administered by the Illinois
Department of | 4 |
| Revenue, until such time as the requirements of any such | 5 |
| tax
Act are satisfied;
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| (r) the Department shall deny any license or renewal | 7 |
| under this
Act to any person who has defaulted on an | 8 |
| educational loan guaranteed by
the Illinois State | 9 |
| Scholarship Commission; however, the Department may
issue | 10 |
| a license or renewal if the person in default has | 11 |
| established a
satisfactory repayment record as determined | 12 |
| by the Illinois State
Scholarship Commission;
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| (s) failure to continue to meet the requirements of | 14 |
| this Act shall be
deemed a violation;
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| (t) physical or mental disability, including | 16 |
| deterioration through the
aging process or loss of | 17 |
| abilities and skills that result in an inability to
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| practice the profession with reasonable judgment, skill, | 19 |
| or safety;
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| (u) material misstatement in furnishing information to | 21 |
| the Department or
to
any other State agency;
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| (v) the determination by a court that a licensee is | 23 |
| subject to involuntary
admission or judicial admission as | 24 |
| provided in the Mental Health and
Developmental | 25 |
| Disabilities Code will result in an automatic suspension of | 26 |
| his
or her license. The suspension will end upon a finding |
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| by a court that the
licensee is no longer subject to | 2 |
| involuntary admission or judicial admission,
the issuance | 3 |
| of an order so finding and discharging the patient, and the
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| recommendation of the Board to the Director that the | 5 |
| licensee be allowed to
resume professional practice;
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| (w) advertising in any manner that is false, | 7 |
| misleading, or deceptive ; .
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| (x) taking undue advantage of a customer, which results | 9 |
| in the perpetration of a fraud; | 10 |
| (y) performing any act or practice that is a violation | 11 |
| of the Consumer Fraud and Deceptive Business Practices Act; | 12 |
| (z) engaging in the practice of roofing contracting, as | 13 |
| defined in this Act, with a suspended, revoked, or | 14 |
| cancelled license; | 15 |
| (aa) treating any person differently to the person's | 16 |
| detriment because of race, color, creed, gender, age, | 17 |
| religion, or national origin; | 18 |
| (bb) knowingly making any false statement, oral, | 19 |
| written, or otherwise, of a character likely to influence, | 20 |
| persuade, or induce others in the course of obtaining or | 21 |
| performing roofing contracting services; or | 22 |
| (cc) violation of any final administrative action of | 23 |
| the Secretary.
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| The changes to this Act made by this amendatory Act of 1997 | 25 |
| apply only
to disciplinary actions relating to events occurring | 26 |
| after the effective date
of
this amendatory Act of 1997.
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| (Source: P.A. 89-387, eff. 1-1-96; 90-55, eff. 1-1-98 .)
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| (225 ILCS 335/10) (from Ch. 111, par. 7510)
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| (Section scheduled to be repealed on January 1, 2016)
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| Sec. 10. Enforcement; petition to court.
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| (1) If any person violates the provisions of this Act, the
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| Director through the Attorney General of Illinois, or the | 7 |
| State's Attorney
of any county in which a violation is alleged | 8 |
| to exist, may in the name of
the People of the State of | 9 |
| Illinois petition for an order enjoining such
violation or for | 10 |
| an order enforcing compliance with this Act. Upon the
filing of | 11 |
| a verified petition in such court, the court may issue a
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| temporary restraining order, without notice or bond, and may | 13 |
| preliminarily
and permanently enjoin such violation, and if it | 14 |
| is established that such
person has violated or is violating | 15 |
| the injunction, the Court may punish the
offender for contempt | 16 |
| of court.
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| (2) If any person shall practice as a
licensee or hold | 18 |
| himself or herself out as a
licensee without being licensed
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| under the provisions of this Act, then any person licensed
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| under this Act,
any interested party or any person injured | 21 |
| thereby may, in addition to
those officers identified in | 22 |
| subsection (1) of this Section, petition for
relief as provided | 23 |
| therein.
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| (3) (Blank).
Whenever the Department has reason to believe | 25 |
| that any person has
violated the licensing requirements of this |
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| Act by practicing, offering to
practice, attempting to | 2 |
| practice, or holding himself or herself out to practice
roofing | 3 |
| without being licensed under this Act, the Department may issue | 4 |
| a rule
to
show cause why an order to cease and desist should | 5 |
| not be entered against that
person. The rule shall clearly set | 6 |
| forth the grounds relied upon by the
Department and shall | 7 |
| provide a period of 7 days from the date of the rule to
file
an | 8 |
| answer to the satisfaction of the Department. Failure to answer | 9 |
| to the
satisfaction of the Department shall cause an order to | 10 |
| cease and desist to be
issued immediately.
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| (4) Proceedings under this Section shall be
in addition to, | 12 |
| and not in lieu of, all other remedies and penalties which
may | 13 |
| be provided by law.
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| (Source: P.A. 90-55, eff. 1-1-98; 91-950, eff. 2-9-01 .)
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| (225 ILCS 335/10b new) | 16 |
| (Section scheduled to be repealed on January 1, 2016) | 17 |
| Sec. 10b. Unlicensed practice; order to cease and desist. | 18 |
| Whenever the Department has reason to believe that any person | 19 |
| has violated the licensing requirements of this Act by | 20 |
| practicing, offering to practice, attempting to practice, or | 21 |
| holding himself or herself out to practice roofing without | 22 |
| being licensed under this Act, the Department may issue an | 23 |
| order to cease and desist such practice without a hearing. The | 24 |
| order must clearly set forth the grounds relied upon by the | 25 |
| Department and provide notice that any individual or entity |
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| receiving the order may petition the Department for a hearing | 2 |
| within a period of 21 days after the date of the order. Any | 3 |
| hearing held pursuant to this Section must be in accordance | 4 |
| with the hearing provisions set forth in this Act. Should any | 5 |
| person or entity that is issued an order to cease and desist | 6 |
| pursuant to this Section continue or again practice, offer to | 7 |
| practice, attempt to practice, or hold himself or herself out | 8 |
| to practice roofing without being licensed under this Act, the | 9 |
| Department may seek injunctive relief, impose a civil penalty | 10 |
| in accordance with this Act, or take any other action allowed | 11 |
| under this Act. Any order to cease and desist issued pursuant | 12 |
| to this Section shall be considered prima facie evidence of a | 13 |
| violation in any proceeding conducted pursuant to Section 10a | 14 |
| of this Act.
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