State of Illinois
91st General Assembly
Legislation

   [ Search ]   [ Legislation ]
[ Home ]   [ Back ]   [ Bottom ]


[ Introduced ][ Enrolled ][ Senate Amendment 001 ]

91_SB1248eng

 
SB1248 Engrossed                               LRB9107205ACtm

 1        AN  ACT  creating  the  Fire  Equipment  Distributor  and
 2    Employee Regulation Act of 2000. Section 4.20.

 3        Be it  enacted  by  the  People  of  the  State  of  Illinois,
 4    represented in the General Assembly:

 5        Section.  1.  Short  title.  This Act may be cited as the
 6    Fire Equipment Distributor and  Employee  Regulation  Act  of
 7    2000.

 8        Section 5. Definitions. As used in this Act:
 9        (a)  "Employee"  means  a  licensee  or  a  person who is
10    currently employed by a distributor licensed under  this  Act
11    whose full or part-time duties include servicing, recharging,
12    hydro-testing,  installing,  maintaining,  or  inspecting all
13    types of fire extinguishing devices or  systems,  other  than
14    water sprinkler systems.
15        (b)  "Board"  means  the  Fire  Equipment Distributor and
16    Employee Advisory Board.
17        (c)  "Person" means a  natural  person  or  any  company,
18    corporation, or other business entity.
19        (d)  "Fire   equipment  distributor"  means  any  person,
20    company or corporation that services, recharges, hydro-tests,
21    inspects, installs, maintains, alters, repairs, replaces,  or
22    services  fire  extinguishing  devices or systems, other than
23    water sprinkler systems, for  customers,  clients,  or  other
24    third  parties. "Fire equipment distributor" does not include
25    a person, company, or corporation  employing  2,000  or  more
26    employees  within the State of Illinois that engages in these
27    activities incidental to its own business.
28        (e)  "Public member" means a person who is not a licensee
29    or a relative of a licensee, or who is  not  an  employer  or
30    employee   of  a  licensee.  The  term  "relative"  shall  be
31    determined by rules of the State Fire Marshal.
 
SB1248 Engrossed             -2-               LRB9107205ACtm
 1        (f)  "Residency" means an actual domicile in Illinois for
 2    a period of not less than one year.
 3        (g)  "Inspection"  means  a  determination  that  a  fire
 4    extinguisher is available in its designated place and has not
 5    been actuated or tampered with. "Inspection" does not include
 6    the inspection that may be performed by the  building  owner,
 7    tenant, or insurance representative.
 8        (h)  "Maintenance"   means   a   determination   that  an
 9    extinguisher  will  operate  effectively  and   safely.    It
10    includes  a  thorough examination and any necessary repair or
11    replacement.   It  also  includes  checking   the   date   of
12    manufacture  or  last  hydrostatic  test  to  see if internal
13    inspection  of  the  cylinder  or  hydrostatic   testing   is
14    necessary,  and  checking for cuts, bulges, dents, abrasions,
15    corrosion,  condition  of  paint,  shell  hanger  attachment,
16    maintenance of nameplate, weight of contents, pressure gauge,
17    valve, removal of pull pin, discharge nozzle, hose  assembly,
18    and operating instructions.

19        Section  10.  License  requirement; injunction. No person
20    shall act as a fire equipment  distributor  or  employee,  or
21    advertise or assume to act as such, or use any title implying
22    that  such  person  is engaged in such practice or occupation
23    unless licensed by the State Fire Marshal.
24        No firm, association, or  corporation  shall  act  as  an
25    agency licensed under this Act, or advertise or assume to act
26    as   such,   or   use  any  title  implying  that  the  firm,
27    association, or corporation  is  engaged  in  such  practice,
28    unless licensed by the State Fire Marshal.
29        The  State  Fire  Marshal,  in the name of the People and
30    through the Attorney General, the  State's  Attorney  of  any
31    county, any resident of the State, or any legal entity within
32    the  State  may  apply  for injunctive relief in any court to
33    enjoin any person who has not been issued a license or  whose
 
SB1248 Engrossed             -3-               LRB9107205ACtm
 1    license  has  been  suspended,  revoked,  or not renewed from
 2    practicing a licensed activity, and  upon  the  filing  of  a
 3    verified  petition,  the  court, if satisfied by affidavit or
 4    otherwise, that such person is  or  has  been  practicing  in
 5    violation of this Act may enter a temporary restraining order
 6    or   preliminary  injunction,  without  bond,  enjoining  the
 7    defendant from such further activity.  A copy of the verified
 8    complaint  shall  be  served  upon  the  defendant  and   the
 9    proceedings  shall  thereafter be conducted as in other civil
10    cases.  If it is established that the defendant has  been  or
11    is practicing in violation of this Act, the court may enter a
12    judgment   perpetually  enjoining  the  defendant  from  such
13    further activity.  In case of  violation  of  any  injunctive
14    order  or  judgment  entered  under  the  provisions  of this
15    Section, the court may summarily try and punish the  offender
16    for  contempt  of court.  Such injunctive proceeding shall be
17    in addition to all penalties and other remedies in this Act.
18        The State Fire Marshal may refuse to issue a license  to,
19    or may suspend the license of, any person who fails to file a
20    return, to pay the tax, penalty, or interest shown in a filed
21    return,  or  to  pay any final assessment of tax, penalty, or
22    interest, as required by any  tax  Act  administered  by  the
23    Illinois  Department  of  Revenue,  until  such  time  as the
24    requirements of any such tax Act are satisfied.

25        Section 15. Exemptions.
26        (a)  This Act shall not apply to an officer  or  employee
27    of  this  State  or  the  fire  department or fire protection
28    district of any political subdivision  of  this  State  while
29    such officer or employee is engaged in the performance of his
30    official duties within the course and scope of his employment
31    with  this State, or any political subdivision.  However, any
32    such person  who  offers  his  services  as  a  private  fire
33    equipment distributor or employee, or any title where similar
 
SB1248 Engrossed             -4-               LRB9107205ACtm
 1    services  are  performed  for  compensation,  fee,  or  other
 2    valuable   consideration,   whether   received   directly  or
 3    indirectly, shall be subject to this Act  and  its  licensing
 4    requirements.
 5        (b)  Any  person  who  engages  in hydrostatic testing of
 6    fire equipment  but  does  not  service,  recharge,  install,
 7    maintain,  or inspect such equipment shall not be required to
 8    be licensed under this Act.

 9        Section 20. Deposit of fees. All fees collected  pursuant
10    to this Act shall be deposited into the Fire Prevention Fund.

11        Section  25.  Fire  Equipment  Distributor  and  Employee
12    Advisory   Board.   There   is  created  the  Fire  Equipment
13    Distributor and  Employee  Advisory  Board  consisting  of  9
14    members  to be appointed by the State Fire Marshal as soon as
15    practicable after the effective date of this Act. Two of  the
16    members  shall  possess  at  least a Class A Fire Distributor
17    License, 2 shall possess at least a Class B Fire  Distributor
18    License,  2 shall possess at least a Class C Fire Distributor
19    License, 2  shall  be  representatives  of  the  active  fire
20    prevention  services who are not licensed under this Act, and
21    one shall be a public member who is not licensed  under  this
22    Act  or  a similar Act of another jurisdiction and who has no
23    connection with any business licensed under  this  Act.   The
24    State  Fire  Marshal  shall  be  an  ex officio member of the
25    Board.  Each member shall be a  resident  of  Illinois.  Each
26    appointment  to  the  Board  shall  have a minimum of 5 years
27    experience as a licensee in the field in which the person  is
28    licensed,   be  an  officer  in  a  licensed  fire  equipment
29    distributor company, and be  actively  engaged  in  the  fire
30    equipment  business.  In making Board appointments, the State
31    Fire Marshal shall give consideration to the  recommendations
32    by  members  of  the profession and by organizations therein.
 
SB1248 Engrossed             -5-               LRB9107205ACtm
 1    The membership shall reasonably reflect  representation  from
 2    geographic areas in this State.
 3        Each  Board  member shall serve for a term of 4 years and
 4    until his  or  her  successor  is  appointed  and  qualified.
 5    However,  in making initial appointments, one member shall be
 6    appointed to serve for one year,  2  shall  be  appointed  to
 7    serve for 2 years, 2 shall be appointed to serve for 3 years,
 8    and  the  remaining  members, one of whom shall be the public
 9    member, shall be appointed to serve for 4 years. Appointments
10    to fill vacancies  shall  be  made  in  the  same  manner  as
11    original  appointments  for  the  unexpired  portion  of  the
12    vacated  term.   Initial terms shall begin upon the effective
13    date of this Act.
14        A member of the Board may be removed from office for just
15    cause. A member subject to  formal  disciplinary  proceedings
16    shall disqualify himself or herself from Board business until
17    the  charge  is  resolved.   A  member  also shall disqualify
18    himself or herself from any matter on which  the  member  may
19    not objectively make a decision.
20        Board  members shall receive no compensation but shall be
21    reimbursed for expenses incurred  in  connection  with  their
22    duties as board members.
23        A   majority   of  Board  members  then  appointed  shall
24    constitute a quorum.   A  majority  vote  of  the  quorum  is
25    required for a Board decision.
26        The  Board shall elect from its membership a chairman and
27    other officers as it may deem necessary.
28        Board members shall not be liable for any of their  acts,
29    omissions, decisions, or any other conduct in connection with
30    their  duties  on  the Board, except those involving willful,
31    wanton, or intentional misconduct.
32        The Board may have such powers as may be granted  by  the
33    State Fire Marshal to carry out the provisions of this Act.
 
SB1248 Engrossed             -6-               LRB9107205ACtm
 1        Section 30. Rules; report.
 2        (a)  The   State  Fire  Marshal  shall  promulgate  rules
 3    consistent  with  the  provisions  of  this   Act   for   the
 4    administration  and  enforcement  thereof,  and may prescribe
 5    forms that shall be  issued  in  connection  therewith.   The
 6    rules  shall include standards and criteria for registration,
 7    professional conduct, and discipline.  The State Fire Marshal
 8    shall consult with the Board in promulgating all rules  under
 9    this Act.
10        (b)  The  Board  shall  propose to the State Fire Marshal
11    additions or modifications to administrative rules whenever a
12    majority of the members believes the rules are deficient  for
13    the proper administration of this Act.
14        (c)  The  State  Fire  Marshal may solicit the advice and
15    expert knowledge of the Board on any matter relating  to  the
16    administration and enforcement of this Act.
17        (d)  In  the  promulgation  of  rules  relating  to  fire
18    equipment  distributors and employees, the State Fire Marshal
19    shall be guided by the national  fire  safety  standards  and
20    codes  and  fire  equipment  and facility standards and code,
21    including  but  not  limited  to  those  promulgated  by  the
22    National  Fire  Protection  Association  and   the   National
23    Association of Fire Equipment Distributors.
24        (e)  In   the  promulgation  of  rules  relating  to  the
25    maintenance and operation of  hydrostatic  testing  equipment
26    and  tools for all fire equipment distributors and employees,
27    the State Fire Marshal shall be guided by the requirements of
28    the United States Department of Transportation as  set  forth
29    in  Section  173.34(e)(1)  of Title 49 of the Code of Federal
30    Regulations.
31        (f)  The State  Fire  Marshal  shall  by  rule  establish
32    procedures  for  an  applicant  for  any class fire equipment
33    employee license  to  work  for  a  licensed  fire  equipment
34    distributor for training.
 
SB1248 Engrossed             -7-               LRB9107205ACtm
 1        (g) The rules promulgated by the Office of the State Fire
 2    Marshal  pursuant  to  the    Fire  Equipment Distributor and
 3    Employee Regulation Act shall remain in effect  until    such
 4    time  as  the  Office  of  the State Fire Marshal promulgates
 5    rules under this Act.
 6        (h)  The State Fire Marshal  shall  issue  to  the  Board
 7    prior  to  each Board meeting, but not less than quarterly, a
 8    report of the  status  of  all  convictions  related  to  the
 9    profession received by the State Fire Marshal.

10        Section 35. Personnel. The State Fire Marshal may employ,
11    in  conformity  with  the  Personnel Code, such professional,
12    technical, investigative, or clerical help, on either a  full
13    or  part-time  basis, as may be necessary for the enforcement
14    of this Act.  Each investigator shall have  a  minimum  of  2
15    years investigative experience out of the preceding 5 years.
16        An  investigator  may  not  hold an active license issued
17    pursuant to this Act or have any fiduciary  interest  in  any
18    business licensed under this Act.  This prohibition does not,
19    however,  prohibit  an  investigator  from holding stock in a
20    publicly traded business licensed  or  regulated  under  this
21    Act,  provided  that the investigator does not hold more than
22    5% of the stock in the business.

23        Section 40. Qualifications for licensure; fees.
24        (a)  No  person  shall  engage  in  practice  as  a  fire
25    equipment distributor  or  fire  equipment  employee  without
26    first  applying  for and obtaining a license for that purpose
27    from the Office of the State Fire Marshal.
28        (b)  To qualify for a Class A Fire Equipment  Distributor
29    License  to service, recharge, hydro-test, install, maintain,
30    or inspect all types of fire extinguishers, an applicant must
31    provide all of the following:
32             (1)  An annual license fee of $100.
 
SB1248 Engrossed             -8-               LRB9107205ACtm
 1             (2)  Evidence  of  registration   as   an   Illinois
 2        corporation  or  evidence  of compliance with the Assumed
 3        Business Name Act.
 4             (3)  Evidence  of  financial  responsibility  in   a
 5        minimum  amount  of $300,000 through liability insurance,
 6        self-insurance, group insurance, group self-insurance, or
 7        risk retention groups.
 8        (c)  To qualify for a Class B Fire Equipment  Distributor
 9    License  to service, recharge, hydro-test, install, maintain,
10    or inspect all types  of  pre-engineered  fire  extinguishing
11    systems, an applicant must provide all of the following:
12             (1)  An annual license fee of $200.
13             (2)  Evidence   of   registration   as  an  Illinois
14        corporation or evidence of compliance with   the  Assumed
15        Business Name Act.
16             (3)  Evidence   of  financial  responsibility  in  a
17        minimum amount of $300,000 through  liability  insurance,
18        self-insurance, group insurance, group self-insurance, or
19        risk retention groups.
20             (4)  Evidence of owning, leasing, renting, or having
21        access  to proper testing equipment that is in compliance
22        with the national standards adopted  by  the  State  Fire
23        Marshal  for  the  maintenance  and  operation of testing
24        tools for use with all Class B fire equipment.
25        (d)  To qualify for a Class C Fire Equipment  Distributor
26    License to service, repair, hydro-test, inspect, and engineer
27    all   types   of  engineered  fire  suppression  systems,  an
28    applicant must provide all of the following:
29             (1)  An annual license fee of $300.
30             (2)  Evidence  of  registration   as   an   Illinois
31        corporation  or  evidence  of compliance with the Assumed
32        Business Name Act.
33             (3)  Evidence  of  financial  responsibility  in   a
34        minimum  amount  of $300,000 through liability insurance,
 
SB1248 Engrossed             -9-               LRB9107205ACtm
 1        self-insurance, group insurance, group self-insurance, or
 2        risk retention groups.
 3             (4)  Evidence of owning, leasing, renting, or having
 4        access to proper testing equipment that is in  compliance
 5        with  the  national  standards  adopted by the State Fire
 6        Marshal for the  maintenance  and  operation  of  testing
 7        tools for use with all Class C fire equipment.
 8        (e)  To  qualify  for  a  Class 1 Fire Equipment Employee
 9    License to service, recharge, hydro-test, install,  maintain,
10    or inspect all types of fire extinguishers, an applicant must
11    complete all of the following:
12             (1)  Pass the examination.
13             (2)  Pay an annual license fee of $20.
14             (3)  Provide  a  current photograph at least 1" x 1"
15        in size.
16        (f)  To qualify for a Class  2  Fire  Equipment  Employee
17    License to  service, recharge, hydro-test, install, maintain,
18    or  inspect  all  types  of pre-engineered fire extinguishing
19    systems, an applicant must complete all of the following:
20             (1)  Pass the examination.
21             (2)  Pay an annual license fee of $20.
22             (3)  Provide a current photograph at least 1"  x  1"
23        in size.
24        (g)  To  qualify  for  a  Class 3 Fire Equipment Employee
25    License to service, recharge, hydro-test, maintain,  inspect,
26    or  engineer  all  types  of  engineered  fire  extinguishing
27    systems, an applicant must complete all of the following:
28             (1)  Pass the examination.
29             (2)  Pay an annual license fee of $20.
30             (3)  Provide  a  current photograph at least 1" x 1"
31        in size.

32        Section 45. Applications. Each application for a  license
33    to  practice under this Act shall be in writing and signed by
 
SB1248 Engrossed             -10-              LRB9107205ACtm
 1    the applicant on forms provided by the State Fire Marshal.

 2        Section 50. Examinations.
 3        (a)  Applicants  for  licensure  shall  be  examined   as
 4    provided herein if they are qualified to be examined pursuant
 5    to  this  Act.   All  applicants  who  are  admitted  to  the
 6    examination  shall  be  evaluated  upon the same standards as
 7    others being examined for the respective license.
 8        (b)  Examination for licensure shall be at such times and
 9    places as the State Fire Marshal may determine, but shall  be
10    given at least quarterly.
11        (c)  Examinations   shall  test  the  minimum  amount  of
12    knowledge and skill needed to perform the duties set forth in
13    the definition of the license  and  be  in  the  interest  of
14    protection  of  the  public.   The  State  Fire  Marshal  may
15    contract  with  a  testing  service  for  the preparation and
16    conduct of such examination.
17        (d)  If an applicant neglects, fails, or refuses to  take
18    an  examination  under  this Act within one year after filing
19    his or her application, the fee paid by the  applicant  shall
20    be  forfeited.   However, the applicant may thereafter make a
21    new application for examination, accompanied by the  required
22    fee.

23        Section 55. Licensure without examination. The State Fire
24    Marshal   shall   promulgate   rules  for  licensure  without
25    examination  and  may  license   under   this   Act   without
26    examination, on payment of the required fee, an applicant who
27    is registered under the laws of another state or territory or
28    of  another  country, if the requirements for registration in
29    the jurisdiction in which the applicant was licensed were, at
30    the date of his  registration,  substantially  equal  to  the
31    requirements  then  in  force  in  this State and that state,
32    territory, or country has similar rules for licensure.
 
SB1248 Engrossed             -11-              LRB9107205ACtm
 1        Section 60. Issuance of license; renewal.
 2        (a)  The State Fire Marshal shall, upon  the  applicant's
 3    satisfactory  completion of the requirements authorized under
 4    this Act and upon receipt of the requisite  fees,  issue  the
 5    appropriate  license  and  wallet  card  showing the name and
 6    business location of the licensee, the dates of issuance  and
 7    expiration,  and  shall  contain a photograph of the licensee
 8    provided to the State Fire Marshal.
 9        (b) Upon application within 90 days after  the  effective
10    date  of this Act, the Office of the State Fire Marshal shall
11    issue a license under this Act without examination to persons
12    holding a valid license under the Fire Equipment  Distributor
13    and Employee Regulation Act on December 30, 1999.
14        (c)  Each  licensee  may apply for renewal of his license
15    upon payment  of  fees,  as  set  forth  in  this  Act.   The
16    expiration  date  and  renewal period for each license issued
17    under this Act shall be set by rule.  Failure to renew within
18    60 days of the expiration date shall lapse  the  license.   A
19    lapsed   license  may  not  be  reinstated  until  a  written
20    application is filed, the renewal fee  is  paid,  and  a  $50
21    reinstatement  fee  is  paid.  Renewal and reinstatement fees
22    shall be waived for persons who did not renew while on active
23    duty in the military and who file for renewal or  restoration
24    within  one year after discharge from such service.  A lapsed
25    license may not be reinstated after  5  years  have  elapsed,
26    except  upon  passing  an examination to determine fitness to
27    have the license restored and by paying the required fees.
28        (d)  As a condition of renewal of a  license,  the  State
29    Fire  Marshal  may require the licensee to report information
30    pertaining to his  practice  which  the  State  Fire  Marshal
31    determines to be in the interest of public safety.
32        (e)  All   fees   paid   pursuant   to   this   Act   are
33    non-refundable.
 
SB1248 Engrossed             -12-              LRB9107205ACtm
 1        Section   65.  Returned  checks.  Any  person  who  on  2
 2    occasions issues or delivers a check or other  order  to  the
 3    State  Fire  Marshal  that  is  not  honored by the financial
 4    institution upon which it is drawn  because  of  insufficient
 5    funds  on  account  shall  pay  to the State Fire Marshal, in
 6    addition to the amount owing upon the check or other order, a
 7    fee of $50.  If the  check  or  other  order  was  issued  or
 8    delivered  in payment of a renewal fee and the licensee whose
 9    license has lapsed continues to practice without  paying  the
10    renewal  fee  and the $50 fee required under this Section, an
11    additional fee  of  $100  shall  be  imposed  for  practicing
12    without  a  current  license.   The  State Fire Marshal shall
13    notify the licensee whose license has lapsed, within 30  days
14    after  the  discovery  by  the  State  Fire  Marshal that the
15    licensee is practicing without a current  license,  that  the
16    individual,  person,  or  distributor  is  acting  as  a fire
17    equipment distributor  or  employee,  as  the  case  may  be,
18    without  a  license,  and  the  amount  due to the State Fire
19    Marshal, which shall include the lapsed renewal fee  and  all
20    other fees required by this Section.  If after the expiration
21    of  30  days from the date of such notification, the licensee
22    whose license has lapsed seeks a  current license,  he  shall
23    thereafter  apply to the State Fire Marshal for reinstatement
24    of the license and  pay  all  fees  due  to  the  State  Fire
25    Marshal.   The State Fire Marshal may establish a fee for the
26    processing of an application for reinstatement of  a  license
27    that  allows  the  State  Fire  Marshal  to pay all costs and
28    expenses incident to the processing of this application.  The
29    State Fire Marshal may waive the fees due under this  Section
30    in  individual  cases  where  he finds that the fees would be
31    unreasonable or unnecessarily burdensome.

32        Section  70.  Change  of  address;  display  of  license;
33    duplicate license or certificate.
 
SB1248 Engrossed             -13-              LRB9107205ACtm
 1        (a)  A licensee shall report a change in home  or  office
 2    address within 10 days of when it occurs.
 3        (b)  Each  licensee shall prominently display his license
 4    to practice at each place from which the  practice  is  being
 5    performed.   If more than one location is used, branch office
 6    certificates shall be issued upon payment of the fees  to  be
 7    established  by  the State Fire Marshal.  Each fire equipment
 8    employee shall carry on his person a wallet  card  issued  by
 9    the State Fire Marshal.
10        (c)  If  a  license  or  certificate is lost, a duplicate
11    shall be issued upon  payment  of  the  required  fee  to  be
12    established  by the State Fire Marshal.  If a licensee wishes
13    to change his name, the State  Fire  Marshal  shall  issue  a
14    license  in  the  new  name upon satisfactory proof that such
15    change was done in accordance with law and  upon  payment  of
16    the required fee.
17        (d)  Each  licensee  shall  permit  his  facilities to be
18    inspected by representatives of the State Fire Marshal.

19        Section 75. Grounds for disciplinary sanctions. Licensees
20    subject  to  this  Act  shall  conduct  their   practice   in
21    accordance  with  this  Act  and  with  any rules promulgated
22    pursuant hereto.  Licensees shall be subject to the  exercise
23    of the disciplinary sanctions enumerated in Section 90 if the
24    State  Fire Marshal finds that a licensee is guilty of any of
25    the following:
26        (1)  fraud or material deception in obtaining or renewing
27    of a license;
28        (2)  professional  incompetence  as  manifested  by  poor
29    standards of service;
30        (3)  engaging    in    dishonorable,    unethical,     or
31    unprofessional  conduct  of  a  character  likely to deceive,
32    defraud, or harm the public in  the  course  of  professional
33    services or activities;
 
SB1248 Engrossed             -14-              LRB9107205ACtm
 1        (4)  conviction  of  any  crime by a licensee which has a
 2    substantial relationship to  his  practice  or  an  essential
 3    element  of  which  is misstatement, fraud, or dishonesty, or
 4    conviction in this or another state of any crime  that  is  a
 5    felony  under  the laws of Illinois or conviction of a felony
 6    in a federal court, unless the person demonstrates that he or
 7    she has been sufficiently rehabilitated to warrant the public
 8    trust;
 9        (5)  performing  any  services  in  a  grossly  negligent
10    manner or permitting any of his or her licensed employees  to
11    perform services in a grossly negligent manner, regardless of
12    whether   actual   damage   or   damages  to  the  public  is
13    established;
14        (6)  habitual drunkenness or habitual  addiction  to  the
15    use  of  morphine,  cocaine,  controlled substances, or other
16    habit-forming drugs;
17        (7)  directly   or   indirectly    willfully    receiving
18    compensation  for  any  professional  services  not  actually
19    rendered;
20        (8)  having  disciplinary action taken against his or her
21    license in another state;
22        (9)  making differential treatment against any person  to
23    his  detriment  because of race, color, creed, sex, religion,
24    or national origin;
25        (10)  engaging in unprofessional conduct;
26        (11)  engaging in false or misleading advertising;
27        (12)  contracting  or  assisting  unlicensed  persons  to
28    perform services for which a license is required  under  this
29    Act;
30        (13)  permitting  the use of his or her license to enable
31    any unlicensed person or agency to operate as a licensee;
32        (14)  performing and charging for services without having
33    authorization to do so from the member of  the  public  being
34    served;
 
SB1248 Engrossed             -15-              LRB9107205ACtm
 1        (15)  failure to comply with any provision of this Act or
 2    the rules promulgated pursuant thereto;
 3        (16)  conducting business regulated by this Act without a
 4    currently valid license.

 5        Section   80.   Complaints.   All  complaints  concerning
 6    violations regarding licensees or unlicensed  activity  shall
 7    be received and logged by the State Fire Marshal and reported
 8    to the Board.

 9        Section 85. Formal charges.
10        (a)  Following  the investigative process, the State Fire
11    Marshal may file formal charges  against  the  licensee.  The
12    formal  charges  shall,  at a minimum, inform the licensee of
13    the facts that make up the basis of the charge and  that  are
14    specific enough to enable the licensee to defend himself.
15        (b)  Each  licensee  whose  conduct  is  the subject of a
16    formal  charge  that  seeks  to  impose  disciplinary  action
17    against the licensee shall be served notice  of  said  formal
18    charge at least 30 days before the date of the hearing, which
19    shall be presided over by a hearing officer authorized by the
20    State Fire Marshal.  Service shall be considered to have been
21    given  if  the notice was personally received by the licensee
22    or if the notice was sent by certified mail,  return  receipt
23    requested  to  the  licensee  at  the  licensee's  last known
24    address, as listed with the State Fire Marshal.
25        (c)  The notice of formal  charges  shall  consist  at  a
26    minimum of the following information:
27             (1)  the time, place, and date of the hearing;
28             (2)  that  the  licensee  shall appear personally at
29        the hearing and may be represented by counsel;
30             (3)  that the  licensee  shall  have  the  right  to
31        produce  witnesses  and  evidence in his behalf and shall
32        have the right  to  cross-examine  witnesses  and  refute
 
SB1248 Engrossed             -16-              LRB9107205ACtm
 1        evidence produced against him or her;
 2             (4)  that  the  hearing could result in disciplinary
 3        action being taken against his or her license;
 4             (5)  that rules for the conduct  of  these  hearings
 5        exist  and  it  may be in the licensee's best interest to
 6        obtain a copy;
 7             (6)  that a hearing officer authorized by the  State
 8        Fire  Marshal  shall preside at the hearing and following
 9        the conclusion of said hearing  shall  make  findings  of
10        fact, conclusions of law, and recommendations, separately
11        stated, to the State Fire Marshal as to what disciplinary
12        action, if any, should be imposed on the licensee; and
13             (7)  that  the  State Fire Marshal may continue such
14        hearing.
15        (d)  The hearing officer authorized  by  the  State  Fire
16    Marshal shall hear evidence produced in support of the formal
17    charges  and  contrary  evidence produced by the licensee, if
18    any.  At the conclusion of the hearing, the  hearing  officer
19    shall   make  findings  of  fact,  conclusions  of  law,  and
20    recommendations, separately stated, and submit  them  to  the
21    State  Fire  Marshal  and  to  all parties to the proceeding.
22    Submission to the licensee shall be considered as having been
23    made if done in a similar fashion as service of the notice of
24    formal charges.  Within 20 days after such service, any party
25    to the proceeding may present to the  State  Fire  Marshal  a
26    motion,  in  writing,  for  a  rehearing which written motion
27    shall specify the particular grounds therefor.
28        (e)  The State Fire Marshal, following the  time  allowed
29    for  filing  a motion for rehearing, shall review the hearing
30    officer's  findings  of  fact,  conclusions   of   law,   and
31    recommendations,  and  any  motions filed subsequent thereto.
32    After review of such information the State Fire  Marshal  may
33    hear  oral arguments and thereafter shall issue an order. The
34    report  of  findings  of  fact,  conclusions  of   law,   and
 
SB1248 Engrossed             -17-              LRB9107205ACtm
 1    recommendations of the hearing officer shall be the basis for
 2    the  State  Fire  Marshal's order.  If the State Fire Marshal
 3    finds that substantial justice was not done, he may issue  an
 4    order  in  contravention of the findings of fact, conclusions
 5    of law, and recommendations  of  the  hearing  officer.   The
 6    State  Fire  Marshal  shall  provide  the  Board with written
 7    explanation of any such deviation,  and  shall  specify  with
 8    particularity  the  reasons  for said action.  The finding is
 9    not admissible in evidence against  the  person  in  criminal
10    prosecution brought for the violation of this Act.
11        (f)  All proceedings pursuant to this Section are matters
12    of public record and shall be preserved.

13        Section 90. Disciplinary sanctions; hearings.
14        (a)  The  State  Fire  Marshal  shall  impose  any of the
15    following sanctions, singly or in combination, when he or she
16    finds that a licensee is guilty of any offense  described  in
17    subsection (a) of Section 75:
18             (1)  revocation;
19             (2)  suspension for any period of time;
20             (3)  reprimand or censure;
21             (4)  placement   on   probationary  status  and  the
22        requirement of the submission of any of the following:
23                  (i)  report regularly to  the  Board  or  State
24             Fire  Marshal upon matters that are the basis of the
25             probation;
26                  (ii)  continuation or renewal of   professional
27             education  until  a satisfactory degree of skill has
28             been attained in those areas that are the  basis  of
29             the probation; or
30                  (iii)  such  other  reasonable  requirements or
31             restrictions as are proper.
32             (5)  refusal to issue, renew or restore;
33             (6)  revocation of probation that has  been  granted
 
SB1248 Engrossed             -18-              LRB9107205ACtm
 1        and imposition of any other discipline in this subsection
 2        (a)  when  the  requirements  of  probation have not been
 3        fulfilled or have been violated.
 4        (b)  The State  Fire  Marshal  may  summarily  suspend  a
 5    license  under  this  Act,  without a hearing, simultaneously
 6    with the filing of  a  formal  complaint  and  notice  for  a
 7    hearing provided under this Section if the State Fire Marshal
 8    finds  that  the continued operations of the individual would
 9    constitute an immediate danger to the public.  In  the  event
10    the   State  Fire  Marshal  suspends  a  license  under  this
11    subsection, a hearing by the hearing  officer  designated  by
12    the  State Fire Marshal shall begin within 20 days after such
13    suspension begins, unless continued at  the  request  of  the
14    licensee.
15        (c)  Disposition  may  be made of any formal complaint by
16    consent  order  between  the  State  Fire  Marshal  and   the
17    licensee,  but the Board must be apprised of the full consent
18    order in a timely way.
19        (d)  The State Fire Marshal shall reinstate  any  license
20    to  good  standing under this Act, upon recommendation to the
21    State Fire  Marshal,  after  a  hearing  before  the  hearing
22    officer  authorized by the State Fire Marshal. The State Fire
23    Marshal shall  be  satisfied  that  the  applicant's  renewed
24    practice is not contrary to the public interest.
25        (e)  The  State  Fire  Marshal  may  order  a licensee to
26    submit to a reasonable physical examination if  his  physical
27    capacity  to  practice  safely  is at issue in a disciplinary
28    proceeding. Failure to comply with a State Fire Marshal order
29    to submit to a physical examination shall render  a  licensee
30    liable to the summary suspension procedures described in this
31    Section.
32        (f)  The  State  Fire  Marshal  may  conduct hearings and
33    issue cease and  desist  orders  to  persons  who  engage  in
34    activities  prohibited  by  this  Act  without having a valid
 
SB1248 Engrossed             -19-              LRB9107205ACtm
 1    license,  certificate,  or  registration.   Any   person   in
 2    violation  of  a  cease and desist order entered by the State
 3    Fire Marshal shall be subject to all of the remedies provided
 4    by law, and in addition, shall be subject to a civil  penalty
 5    payable to the party injured by the violation.
 6        (g)  The   State  Fire  Marshal  shall  seek  to  achieve
 7    consistency in the application of the foregoing sanctions and
 8    consent orders and significant departure from prior decisions
 9    involving similar conduct shall be  explained  in  the  State
10    Fire Marshal's orders.

11        Section 95. Witnesses; record of proceedings.
12        (a)  The State Fire Marshal has the power to subpoena and
13    bring  before  it  any  person  in  this  State  and  to take
14    testimony either orally or by deposition, or both,  with  the
15    same fees and mileage and in the same manner as is prescribed
16    by  law  for  judicial  proceedings in civil cases. The State
17    Fire Marshal and the hearing officer approved  by  the  State
18    Fire  Marshal  have  the  power  to  administer  oaths at any
19    hearing  which  the  State  Fire  Marshal  is  authorized  to
20    conduct.
21        (b)  Any circuit  court,  upon  the  application  of  the
22    licensee  or the State Fire Marshal, may order the attendance
23    of witnesses and the production of relevant books and  papers
24    in  any  hearing  pursuant to this Act.  The court may compel
25    obedience to its order by proceedings for contempt.
26        (c)  The  State  Fire  Marshal,  at  its  expense,  shall
27    provide a stenographer or a mechanical  recording  device  to
28    record the testimony and preserve a record of all proceedings
29    at  the hearing of any case wherein a license may be revoked,
30    suspended,  placed   on   probationary   status,   or   other
31    disciplinary action taken with regard thereto.  The notice of
32    hearing,  complaint  and all other documents in the nature of
33    pleadings and written motions filed in the  proceedings,  the
 
SB1248 Engrossed             -20-              LRB9107205ACtm
 1    transcript  of  testimony, the report of the hearing officer,
 2    and the orders of  the  State  Fire  Marshal  constitute  the
 3    record  of  such  proceedings.   The State Fire Marshal shall
 4    furnish a transcript of the record to any  interested  person
 5    upon  payment  of  the  costs of copying and transmitting the
 6    record.

 7        Section 100. Judicial review.  All  final  administrative
 8    decisions  of  the State Fire Marshal are subject to judicial
 9    review pursuant  to  the  provisions  of  the  Administrative
10    Review  Law  and  the  rules  adopted pursuant thereto.  Such
11    proceedings for judicial review shall  be  commenced  in  the
12    Circuit  Court  of the county in which the party applying for
13    review resides. If the party applying for  review  is  not  a
14    resident  of Illinois, the venue shall be in Sangamon County.
15    The State Fire Marshal shall not be required to  certify  any
16    record  to the court or file any answer in court or otherwise
17    appear in any court in a judicial review  proceeding,  unless
18    there is filed in the court with the complaint a receipt from
19    the  State Fire Marshal acknowledging payment of the costs of
20    furnishing and certifying the record  which  costs  shall  be
21    computed  at  the  cost  of  preparing such record.  Exhibits
22    shall be certified without cost.  Failure on the part of  the
23    licensee  to  file  the receipt in court shall be grounds for
24    dismissal of the action.   During  all  judicial  proceedings
25    incident  to  the  disciplinary action, the sanctions imposed
26    upon the accused by the State Fire Marshal  shall  remain  in
27    effect, unless the court feels justice requires a stay of the
28    order.

29        Section  105.  Order;  prima  facie  proof.  An  order of
30    revocation, suspension, placing the license  on  probationary
31    status  or other formal disciplinary action as the State Fire
32    Marshal may deem proper, or a certified  copy  thereof,  over
 
SB1248 Engrossed             -21-              LRB9107205ACtm
 1    the  seal  of  the  State  Fire  Marshal and purporting to be
 2    signed by the State Fire Marshal, is prima facie proof that:
 3        (1)  the signature is that of the State Fire Marshal;
 4        (2)  the State Fire Marshal is qualified to act; and
 5        (3)  the hearing officer is qualified to act on behalf of
 6    the State Fire Marshal.
 7    Such proof may be rebutted.

 8        Section 110. Surrender of license. Upon the suspension or
 9    revocation of a license issued under  this  Act,  a  licensee
10    shall  surrender  the  license to the State Fire Marshal and,
11    upon failure to do so, the State Fire Marshal shall seize the
12    same.

13        Section 115. Publication  of  records.   The  State  Fire
14    Marshal  shall, upon request, publish a list of the names and
15    addresses of all licensees under the provisions of this  Act.
16    The  State  Fire  Marshal shall publish a list of all persons
17    whose licenses have been disciplined within one year,  and  a
18    quarterly  list  of each individual who was denied employment
19    status because of a  criminal  history,  together  with  such
20    other information as it may deem of interest to the public.

21        Section 120. Criminal penalties.
22        (a)  Any   person  who  violates  any  of  the  following
23    provisions shall be guilty of a Class A misdemeanor  for  the
24    first offense:
25             (1)  the practice of or attempted practice as a fire
26        equipment distributor or employee without a license;
27             (2)  the  obtaining of or the attempting to obtain a
28        license, practice, or business  or  any  other  thing  of
29        value by fraudulent representation;
30             (3)  permitting,   directing,   or  authorizing  any
31        person in  one's  employ  or  under  one's  direction  or
 
SB1248 Engrossed             -22-              LRB9107205ACtm
 1        supervision  to  work  or  serve  as  a  licensee if that
 2        individual does not possess an appropriate valid license.
 3        (b)  Whenever any person is punished as a repeat offender
 4    under this Section, the State Fire  Marshal  may  proceed  to
 5    obtain  a  permanent  injunction  against  the  person  under
 6    Section 10.
 7        (c)  If  any  person  in  making  an  oath  or  affidavit
 8    required by this Act swears falsely, that person is guilty of
 9    perjury   and   upon  conviction  thereof,  may  be  punished
10    accordingly.
11        (d)  A person who violates any Section of this Act  other
12    than  this  Section  shall be guilty of a Class A misdemeanor
13    for the first offense.
14        A second  or  subsequent  offense  in  violation  of  any
15    Section  of  this  Act,  including this Section, is a Class 4
16    felony.

17        Section 950.  The Regulatory Sunset  Act  is  amended  by
18    adding Section 4.21 as follows:

19        (5 ILCS 80/4.21 new)
20        Sec.  4.21.   Act  repealed  on  January  1,  2011.   The
21    following Act is repealed on January 1, 2011:
22        The  Fire  Equipment  Distributor and Employee Regulation
23    Act of 2000.

24        Section 999.  Effective date.  This Act takes effect upon
25    becoming law.

[ Top ]