Public Act 096-0626
 
SB1384 Enrolled LRB096 08551 ASK 18673 b

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 Acts repealed on January 1, 2010 and December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    (a) The following Acts are repealed on January 1, 2010: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    (b) The following Act is repealed on December 31, 2010: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 Act repealed on January 1, 2020.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Acts are repealed on January 1, 2020: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    (Section scheduled to be repealed on January 1, 2010)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