Public Act 100-0796
Public Act 0796 100TH GENERAL ASSEMBLY
|
Public Act 100-0796
| | SB2618 Enrolled | LRB100 16352 SMS 31478 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 4.29 and adding Section 4.39 as follows:
| (5 ILCS 80/4.29) | Sec. 4.29. Acts repealed on January 1, 2019 and December | 31, 2019. | (a) The following Act is repealed on January 1, 2019: | The Environmental Health Practitioner Licensing Act. | (b) The following Acts are repealed on December 31, 2019: | The Medical Practice Act of 1987. | The Structural Pest Control Act.
| (Source: P.A. 100-429, eff. 8-25-17.)
| (5 ILCS 80/4.39 new) | Sec. 4.39. Act repealed on January 1, 2029. The following | Act is repealed on January 1, 2029: | The Environmental Health Practitioner Licensing Act.
| Section 10. The Environmental Health Practitioner | Licensing Act is amended by changing Sections 10, 18, 19, 31, | 35, 60, 65, 70, 75, 80, 85, 90, 95, 100, 105, 115, 125, and 130 |
| and by adding Sections 11 and 123 as follows:
| (225 ILCS 37/10)
| (Section scheduled to be repealed on January 1, 2019)
| Sec. 10. Definitions. As used in this Act:
| "Address of record" means the designated address recorded | by the Department in the applicant's application file or the | licensee's license file maintained by the Department's | licensure maintenance unit. | "Board" means the Board of Environmental Health | Practitioners as created
in this Act.
| "Department" means the Department of Financial and | Professional Regulation.
| "Director" means the Director of Professional Regulation.
| "Email address of record" means the designated email | address recorded by the Department in the applicant's | application file or the licensee's license file maintained by | the Department's licensure maintenance unit. | "Environmental health inspector" means an individual who, | in support
of and under the general supervision of a licensed | environmental health
practitioner or licensed professional | engineer, practices environmental
health and meets the | educational qualifications of an environmental health
| inspector.
| "Environmental health practice" is the practice of | environmental
health by licensed environmental health |
| practitioners within the meaning
of this Act and includes, but | is not limited to, the following areas of
professional | activities: milk and food sanitation; protection and | regulation
of private water supplies; private waste water | management; domestic solid
waste disposal practices; | institutional health and safety; and consultation
and | education in these fields.
| "Environmental health practitioner in training" means a | person licensed
under this Act who meets the educational | qualifications of a licensed
environmental health practitioner | and practices environmental health in
support of and under the | general supervision of a licensed environmental
health | practitioner or licensed professional engineer, but has not | passed the
licensed environmental health practitioner | examination administered by the
Department.
| "License" means the authorization issued by the Department | permitting the
person named on the authorization to practice | environmental health as
defined in this Act.
| "Licensed environmental health practitioner" is a person | who,
by virtue of education and experience in the physical, | chemical,
biological, and environmental health sciences, is | especially trained to
organize, implement, and manage | environmental health programs, trained to
carry out education | and enforcement activities for the promotion and
protection of | the public health and environment, and is licensed as an
| environmental health practitioner under this Act. |
| "Secretary" means the Secretary of Financial and | Professional Regulation.
| (Source: P.A. 100-201, eff. 8-18-17.)
| (225 ILCS 37/11 new) | Sec. 11. Address of record; email address of record. All | applicants and licensees shall: | (1) provide a valid address and email address to the | Department, which shall serve as the address of record and | email address of record, respectively, at the time of | application for licensure or renewal of a license; and | (2) inform the Department of any change of address of | record or email address of record within 14 days after such | change either through the Department's website or by | contacting the Department's licensure maintenance unit.
| (225 ILCS 37/18)
| (Section scheduled to be repealed on January 1, 2019)
| Sec. 18. Board of Environmental Health Practitioners. The | Board of
Environmental Health Practitioners is created and | shall exercise its duties as
provided in this Act. The Board | shall consist of 5 members appointed
by the Secretary
Director. | Of the 5 members, 3 shall be environmental
health | practitioners, one
a Public Health Administrator who meets the | minimum qualifications for public
health personnel employed by | full time local health departments as prescribed
by the |
| Illinois Department of Public Health and is actively engaged in | the
administration of a local health department within this | State, and one
member
of the general public. In making the | appointments to the Board, the Secretary Director
shall | consider the recommendations of related professional and trade
| associations including the Illinois Environmental Health | Association and the
Illinois Public Health Association and of | the Director of Public
Health. Each of the environmental health | practitioners shall have at least 5
years of full time | employment in the field of environmental health practice
before | the date of appointment. Each appointee filling the seat of an
| environmental health practitioner appointed to the Board must | be licensed under
this Act.
| The membership of the Board shall reasonably reflect | representation from the
various geographic areas of the State.
| A vacancy in the membership of the Board shall not impair | the right of a
quorum to exercise all the rights and perform | all the duties of the Board.
| The members of the Board are entitled to receive | reimbursement for as compensation a reasonable
sum
as | determined by the Director for each day actually engaged in the | duties of
the office and all legitimate and necessary expenses | incurred in attending the
meetings of the Board.
| A member Members of the Board shall have no liability be | immune from suit in any action based upon any
disciplinary | proceedings or other activity activities performed in good |
| faith as a member members
of the Board.
| The Secretary Director may remove any member of the Board | for any cause that, in the
opinion of the Secretary Director, | reasonably justifies termination.
| (Source: P.A. 91-724, eff. 6-2-00; 91-798, eff. 7-9-00; 92-837, | eff. 8-22-02.)
| (225 ILCS 37/19)
| (Section scheduled to be repealed on January 1, 2019)
| Sec. 19. Requirements of approval by Board of Environmental | Health
Practitioners. The Secretary Director may consider the | recommendations of the Board in
establishing guidelines for | professional conduct, for the conduct of formal
disciplinary | proceedings brought under this Act, and for establishing
| guidelines for qualifications and examinations of applicants. | Notice of
proposed rulemaking shall be transmitted to the | Board. The Department shall
review the response of the Board | and its recommendations. The Department, at
any time, may seek | the expert advice and knowledge of the Board on any matter
| relating to the administration or enforcement of this Act.
| (Source: P.A. 89-61, eff. 6-30-95.)
| (225 ILCS 37/31)
| (Section scheduled to be repealed on January 1, 2019)
| Sec. 31. Checks or orders dishonored. A person who issues | or delivers a
check or other order 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 prohibiting 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 after notification. If, after the expiration | of 30 days from the date of
the notification, the person fails | to submit the necessary remittance,
the Department shall | automatically terminate the license or certification 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 a | 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 to | pay all costs and
expenses of processing of 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 unnecessarily burdensome.
| (Source: P.A. 92-146, eff. 1-1-02.)
| (225 ILCS 37/35)
| (Section scheduled to be repealed on January 1, 2019)
|
| Sec. 35. Grounds for discipline.
| (a) The Department may refuse to issue or renew, or may | revoke, suspend,
place on probation, reprimand, or take other | disciplinary action with regard to
any license issued under | this Act as the Department may consider proper,
including the | imposition of fines not to exceed $5,000 for each violation, | for
any one or combination of the following causes:
| (1) Material misstatement in furnishing information to | the Department.
| (2) Violations of this Act or its rules.
| (3) Conviction by plea of guilty or nolo contendere, | finding of guilt, jury verdict, or entry of judgment or | sentencing, including, but not limited to, convictions, | preceding sentences of supervision, conditional discharge, | or first offender probation, under the laws of any | jurisdiction of the United States that is (i) a felony or | (ii) a misdemeanor, an essential element of which is | dishonesty, or that is directly related to the practice of | the profession. Conviction of any felony under the laws of | any U.S. jurisdiction, any
misdemeanor an essential | element of which is dishonesty, or any crime that is
| directly related to the practice of the profession.
| (4) Making any misrepresentation for the purpose of | obtaining a
certificate of registration.
| (5) Professional incompetence.
| (6) Aiding or assisting another person in violating any |
| provision of this
Act or its rules.
| (7) Failing to provide information within 60 days in | response to a written
request made by the Department.
| (8) Engaging in dishonorable, unethical, or | unprofessional conduct of a
character likely to deceive, | defraud, or harm the public as defined by rules of
the | Department.
| (9) Habitual or excessive use or addiction to alcohol, | narcotics,
stimulants, or any other chemical agent or drug | that results in an
environmental health practitioner's | inability to practice with reasonable
judgment, skill, or | safety.
| (10) Discipline by another U.S. jurisdiction or | foreign nation, if at
least one of the grounds for a | discipline is the same or substantially
equivalent to those | set forth in this Act.
| (11) A finding by the Department that the registrant, | after having his or
her license placed on probationary | status, has violated the terms of
probation.
| (12) Willfully making or filing false records or | reports in his or her
practice, including, but not limited | to, false records filed with State
agencies or departments.
| (13) Physical illness, including, but not limited to, | deterioration
through the aging process or loss of motor | skills that result in the inability
to practice the | profession with reasonable judgment, skill, or safety.
|
| (14) Failure to comply with rules promulgated by the
| Illinois Department of Public Health or other State | agencies related to the
practice of environmental health.
| (15) The Department shall deny any application for a | license or renewal of
a license under this Act, without | hearing, to a person who has defaulted on an
educational | loan guaranteed by the Illinois Student Assistance | Commission;
however, the Department may issue a license or | renewal of a license if the
person in default has | established a satisfactory repayment record as determined
| by the Illinois Student Assistance
Commission.
| (16) Solicitation of professional services by using | false or misleading
advertising.
| (17) A finding that the license has been applied for or | obtained by
fraudulent means.
| (18) Practicing or attempting to practice under a name | other than the full
name as shown on the license or any | other legally authorized name.
| (19) Gross overcharging for professional services | including filing
statements for collection of fees or | moneys for which services are not
rendered.
| (b) The Department may refuse to issue or may suspend the | license of any
person who fails to (i) file a return, (ii) pay | the tax, penalty, or interest
shown in a filed return; or (iii) | pay any final assessment of the tax, penalty,
or interest as | required by any tax Act administered by the Illinois Department
|
| of Revenue until the requirements of the tax Act are satisfied.
| (c) The determination by a circuit court that a licensee is | subject
to involuntary admission or judicial admission to a | mental health facility as
provided in the Mental Health and | Developmental Disabilities Code operates as
an automatic | suspension. The suspension may end only upon a finding by a | court
that the licensee 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 Secretary Director that the licensee be | allowed to
resume practice.
| (d) In enforcing this Section, the Department, upon a | showing of a
possible
violation, may compel any 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 Department. 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 Department finds, | after notice and
hearing,
that the refusal to submit to the | examination was without reasonable cause.
| If the Department finds an individual unable to practice | because of the
reasons set
forth in this Section, the | Department may require that individual to submit to
care,
| counseling, or treatment by physicians approved or designated | by the
Department, as a
condition, term, or restriction for | continued, restored reinstated, or renewed licensure
to | practice
or, in lieu of care, counseling, or treatment, the | Department may file a
complaint to
immediately suspend, revoke, | or otherwise discipline the license of the
individual.
| Any person whose license was granted, continued, restored | 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 Secretary Director for a determination as to whether the | person shall have his or her
license suspended immediately, | pending a hearing by the Department.
| In instances in which the Secretary Director immediately | suspends a person's license
under this Section, 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 shall have the authority to review the
|
| subject
person's record of treatment and counseling regarding | the impairment, to the
extent permitted by applicable federal | statutes and regulations safeguarding
the
confidentiality of | medical records.
| A person licensed under this Act and affected under this | Section shall be
afforded an opportunity to demonstrate to the | Department that he or she can
resume practice in compliance | with acceptable and prevailing standards under
the
provisions | of his or her license.
| (Source: P.A. 92-837, eff. 8-22-02.)
| (225 ILCS 37/60)
| (Section scheduled to be repealed on January 1, 2019)
| Sec. 60. Violations; injunctions; cease and desist order.
| (a) If a person violates a provision of this Act, the | Secretary Director may, in
the name of the People of the State | of Illinois, through the Attorney General
of the State of | Illinois, petition for an order enjoining the violation or for
| any order enforcing compliance with this Act. Upon the filing | of a verified
petition in court, the court 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, all other remedies and
penalties provided by |
| this Act.
| (b) (Blank). If a person practices as an environmental | health practitioner or
holds himself or herself out as such | without having a valid license under this
Act, then a licensee, | an interested party, or a person injured thereby may,
in | addition to the Director, petition for relief as provided in | subsection (a)
of this Section.
| (c) Whenever in the opinion of the Department a person | violates a
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 him or her. 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. 89-61, eff. 6-30-95.)
| (225 ILCS 37/65)
| (Section scheduled to be repealed on January 1, 2019)
| Sec. 65. Investigation; notice; hearing. The Department | may investigate
the actions of an applicant or a person or | persons holding or claiming to
hold a license. Before refusing | to issue, refusing to renew, or taking any
disciplinary action | regarding a license, the Department shall, at least 30 days
| before the date set for the hearing, notify in writing the |
| applicant for, or
holder of, a license of the nature of any | charges and that a hearing will be
held on a date designated. | The Department shall direct the applicant or
licensee to file a | written answer with the Board under oath within 20 days
after | the service of the notice and inform the applicant or licensee | that
failure to file an answer shall result in default being | taken against the
applicant or licensee and that the license | may be suspended, revoked, or placed
on probationary status, or | that other disciplinary action may be taken,
including limiting | the scope, nature, or extent of practice, as the Secretary | Director
may
consider proper. Written notice may be served by | personal delivery, or
certified or
registered mail, or email to | the applicant or licensee respondent at the address of his or | her address of record or email address of record last
| notification to the Department. If the person 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 any disciplinary action considered 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 statements,
testimony, evidence, and arguments as may |
| be pertinent to the charges or to
their
defense. The Board may | continue a hearing from time to time.
| (Source: P.A. 89-61, eff. 6-30-95.)
| (225 ILCS 37/70)
| (Section scheduled to be repealed on January 1, 2019)
| Sec. 70. Records of proceeding. The Department, at its | expense, shall
preserve a record of all proceedings at the | formal hearing of any case. The
notice of hearing, complaint, | and all other documents in the nature of
pleadings, written | motions filed in the proceedings, transcripts of
testimony, | reports of the Board and orders of the Department shall be in | 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 37/75)
| (Section scheduled to be repealed on January 1, 2019)
| Sec. 75. Subpoenas; oaths; attendance of witnesses. The | Department has the
power to subpoena 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 | prescribed in civil cases in the courts of this State.
|
| The Secretary Director, 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.
| (Source: P.A. 89-61, eff. 6-30-95.)
| (225 ILCS 37/80)
| (Section scheduled to be repealed on January 1, 2019)
| Sec. 80. Recommendations for disciplinary action. 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 licensee 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, conclusions of law, and | recommendations of the Board
shall be the basis for the | Department's order for refusal to issue or for the
granting of | a license or for any disciplinary action. If the Secretary | Director
disagrees with the recommendation of the Board, the | Secretary Director may issue an
order in contravention of the | Board's report. The finding is not admissible
in evidence | against the person in a criminal prosecution brought for
| violation of this Act, but the hearing and findings are not a |
| bar to criminal
prosecution brought for violation of this Act.
| (Source: P.A. 89-61, eff. 6-30-95.)
| (225 ILCS 37/85)
| (Section scheduled to be repealed on January 1, 2019)
| Sec. 85. Rehearing. In any hearing involving disciplinary | action against
an applicant or licensee, a copy of the Board's | report shall be served upon the
applicant or licensee by the | Department, either personally or as provided in
this Act for | the service of the notice of hearing. Within 20 calendar days
| after service, the applicant or licensee may present to the | Department a motion
in writing for a rehearing that shall | specify the particular grounds for
rehearing. If no motion for | rehearing is filed, then upon the expiration of
the time | specified for filing a motion, or if a motion for rehearing is | denied,
then upon denial, the Secretary Director may enter an | order in accordance with
recommendations of the Board, except | as provided in this Act. If the applicant
or licensee orders | from the reporting service, and pays for a transcript of the
| record within the time for filing a motion for rehearing, the | 20 calendar
day period within which a motion may be filed shall | commence upon the delivery
of the transcript to the respondent.
| (Source: P.A. 88-670, eff. 12-2-94; 89-61, eff. 6-30-95.)
| (225 ILCS 37/90)
| (Section scheduled to be repealed on January 1, 2019)
|
| Sec. 90. Rehearing Hearing by other examiner. Whenever the | Secretary Director is not
satisfied that substantial justice | has been done in the revocation, suspension,
or refusal to | issue or renew a license, the Secretary Director may order a | rehearing by
the same or other examiners.
| (Source: P.A. 88-683, eff. 1-24-95; 89-61, eff. 6-30-95; | 89-626, eff.
8-9-96.)
| (225 ILCS 37/95)
| (Section scheduled to be repealed on January 1, 2019)
| Sec. 95. Appointment of hearing officer. 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 Departmental refusal to | issue
a license, renew a license, or to discipline a licensee. | The hearing officer
has full authority to conduct the hearing. | At least one member of the Board
shall attend each hearing. The | hearing officer shall report the findings of
fact,
conclusions | of law, and recommendations to the Board and the Secretary | Director. The
Board has 60 calendar 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 calendar day period, the Secretary | Director may issue an order based on the
report of
the hearing | officer. If the Secretary Director disagrees with the |
| recommendation of the
Board or the hearing officer, the | Secretary Director may issue an order in contravention
of the | recommendation.
| (Source: P.A. 89-61, eff. 6-30-95.)
| (225 ILCS 37/100)
| (Section scheduled to be repealed on January 1, 2019)
| Sec. 100. Order or certified copy. 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 | that:
| (1) the signature is the genuine signature of the Secretary | Director;
| (2) the Secretary Director is duly appointed and qualified; | and
| (3) the Board and its members are qualified to act.
| (Source: P.A. 89-61, eff. 6-30-95.)
| (225 ILCS 37/105)
| (Section scheduled to be repealed on January 1, 2019)
| Sec. 105. Restoration of suspended or revoked license. At | any time after
the suspension or revocation of any license, the | Department may restore the
license to the accused person upon | the written recommendation of the Board,
unless after an | investigation and a hearing the Board determines that
| restoration is not in the public interest. No person whose |
| license has been revoked as authorized in this Act may apply | for restoration of that license until such time as provided for | in the Department of Professional Regulation Law of the Civil | Administrative Code of Illinois. | A license that has been suspended or revoked shall be | considered nonrenewed for purposes of restoration and a person | restoring his or her license from suspension or revocation must | comply with the requirements for restoration of a nonrenewed | license as set forth in Section 27 of this Act and any related | rules adopted.
| (Source: P.A. 89-61, eff. 6-30-95.)
| (225 ILCS 37/115)
| (Section scheduled to be repealed on January 1, 2019)
| Sec. 115. Temporary suspension. The Secretary Director may | summarily suspend the
license of an environmental health | practitioner without a hearing,
simultaneously with the | initiation of proceedings for a hearing provided for in
this | Act, if the Secretary Director finds that evidence in his or | her possession
indicates that an environmental health | practitioner's continuation in practice
would constitute an | imminent danger to the public. In the event that the Secretary
| Director summarily suspends the license of an environmental | health practitioner
without a hearing, a hearing by the Board | must be commenced held within 30 calendar days
after the | suspension has occurred.
|
| (Source: P.A. 89-61, eff. 6-30-95.)
| (225 ILCS 37/123 new) | Sec. 123. Confidentiality. All information collected by | the Department in the course of an examination or investigation | of a licensee, registrant, or applicant, including, but not | limited to, any complaint against a licensee or registrant | filed with the Department and information collected to | investigate any such complaint, shall be maintained for the | confidential use of the Department and shall not be disclosed. | The Department may not disclose the information to anyone other | than law enforcement officials, other regulatory agencies that | have an appropriate regulatory interest as determined by the | Secretary, or a party presenting a lawful subpoena to the | Department. Information and documents disclosed to a federal, | State, county, or local law enforcement agency shall not be | disclosed by the agency for any purpose to any other agency or | person. A formal complaint filed against a licensee, | registrant, or applicant by the Department or any order issued | by the Department against a licensee, registrant, or applicant | shall be a public record, except as otherwise prohibited by | law.
| (225 ILCS 37/125)
| (Section scheduled to be repealed on January 1, 2019)
| Sec. 125. Certification of record; costs records. The |
| Department shall not be required to certify a record to the | court or file an answer in court or otherwise appear in a court | in a judicial review proceeding, unless and until the | Department has received from the plaintiff payment of the costs | of furnishing and certifying the record, which costs shall be | determined by the Department. Exhibits shall be certified | without cost. Failure on the part of the plaintiff to file a | receipt in court shall be grounds for dismissal of the action. | The Department shall not be required
to certify any record to | the court, to file any answer in court, or otherwise
appear in | any court in a judicial review proceeding, unless there is | filed in
the court, with the complaint, a receipt from the | Department acknowledging
payment of the costs of furnishing and | certifying the record. Failure on the
part of the plaintiff to | file the receipt in court shall be grounds for
dismissal of the | action.
| (Source: P.A. 89-61, eff. 6-30-95.)
| (225 ILCS 37/130)
| (Section scheduled to be repealed on January 1, 2019)
| Sec. 130. Illinois Administrative Procedure Act. The | Illinois Administrative
Procedure Act is
expressly adopted and | incorporated in this Act as if all of the provisions of
that | Act were included in this Act, except that the provision of | paragraph (c)
of Section 10-65 of the Illinois Administrative | Procedure Act, which provides that
at hearings the certificate |
| holder has the right to show compliance with all
lawful | requirements for retention, continuation, or renewal of the
| certificate, is specifically excluded. For the purpose of this | Act, the notice
required under Section 10-25 of the Illinois | Administrative Procedure Act is
deemed
sufficient when mailed | or emailed to the applicant or licensee at his or her last | known address of record or email address of record last known | address of a party.
| (Source: P.A. 99-642, eff. 7-28-16.)
| (225 ILCS 37/45 rep.)
| Section 15. The Environmental Health Practitioner | Licensing Act is amended by repealing Section 45.
| Section 99. Effective date. This Act takes effect upon | becoming law.
| | |
INDEX
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Statutes amended in order of appearance
| | 5 ILCS 80/4.29 | | | 5 ILCS 80/4.39 new | | | 225 ILCS 37/10 | | | 225 ILCS 37/11 new | | | 225 ILCS 37/18 | | | 225 ILCS 37/19 | | | 225 ILCS 37/31 | | | 225 ILCS 37/35 | | | 225 ILCS 37/60 | | | 225 ILCS 37/65 | | | 225 ILCS 37/70 | | | 225 ILCS 37/75 | | | 225 ILCS 37/80 | | | 225 ILCS 37/85 | | | 225 ILCS 37/90 | | | 225 ILCS 37/95 | | | 225 ILCS 37/100 | | | 225 ILCS 37/105 | | | 225 ILCS 37/115 | | | 225 ILCS 37/123 new | | | 225 ILCS 37/125 | | | 225 ILCS 37/130 | | | 225 ILCS 37/45 rep. | |
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Effective Date: 8/10/2018
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