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| Public Act 097-0979 | ||||
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 1. The Regulatory Sunset Act is amended by changing | ||||
Section 4.23 and by adding Section 4.33 as follows:
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(5 ILCS 80/4.23)
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Sec. 4.23. Acts and Sections repealed on January 1,
2013. | ||||
The following Acts and Sections of Acts are
repealed on January | ||||
1, 2013:
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The Dietetic and Nutrition Services Practice Act.
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The Elevator Safety and Regulation Act.
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The Fire Equipment Distributor and Employee Regulation Act | ||||
of 2011. | ||||
The Funeral Directors and Embalmers Licensing Code.
| ||||
The Naprapathic Practice Act.
| ||||
The Professional Counselor and Clinical Professional | ||||
Counselor
Licensing Act.
| ||||
The Wholesale Drug Distribution Licensing Act.
| ||||
Section 2.5 of the Illinois Plumbing License Law.
| ||||
(Source: P.A. 95-331, eff. 8-21-07; 96-1499, eff. 1-18-11.)
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(5 ILCS 80/4.33 new) | ||||
Sec. 4.33. Act repealed on January 1,
2023. The following | ||||
Act is
repealed on January 1, 2023: | ||
The Fire Equipment Distributor and Employee Regulation Act | ||
of 2011. | ||
Section 5. The Fire
Equipment Distributor and
Employee | ||
Regulation Act of 2011 is amended by changing Sections 5, 10, | ||
30, 35, 40, 75, 85, and 90 and by adding Sections 82 and 83 as | ||
follows: | ||
(225 ILCS 217/5) | ||
(Section scheduled to be repealed on January 1, 2013)
| ||
Sec. 5. Definitions. As used in this Act: | ||
(a) "Employee" means a licensee
or a person who is | ||
currently employed by a distributor licensed under this
Act | ||
whose full or part-time duties include servicing, recharging,
| ||
hydro-testing, installing, maintaining, or inspecting all | ||
types of fire
extinguishing devices or systems, other than | ||
water sprinkler systems. | ||
(b) "Board" means the Fire Equipment Distributor and | ||
Employee
Advisory Board. | ||
(c) "Person" means a natural person or any company, | ||
corporation, or other
business entity. | ||
(d) "Fire equipment distributor" means any person, company | ||
or
corporation that services, recharges, hydro-tests, | ||
inspects, installs,
maintains, alters, repairs, replaces, or | ||
services fire extinguishing devices
or systems, other than | ||
water sprinkler systems, for customers, clients, or
other third | ||
parties. "Fire equipment distributor" does not include a | ||
person,
company, or corporation employing 2,000 or more | ||
employees within the State
of Illinois that engages in these | ||
activities incidental to its own business. | ||
(e) "Public member" means a person who is not a licensee or | ||
a relative
of a licensee, or who is not an employer or employee | ||
of a licensee.
The term "relative" shall be determined by rules | ||
of the State Fire Marshal. | ||
(f) "Residency" means an actual domicile in Illinois for a | ||
period of not
less than one year. | ||
(g) "Inspection" means a determination that a fire | ||
extinguisher is
available in its designated place and has not | ||
been actuated or tampered
with. "Inspection" does not include | ||
the inspection that may be performed by
the building owner, | ||
tenant, or insurance representative. | ||
(h) "Maintenance" means a determination that an | ||
extinguisher will
operate effectively and safely. It includes a | ||
thorough examination and any
necessary repair or replacement. | ||
It also includes checking the date of
manufacture or last | ||
hydrostatic test to see if internal inspection of the
cylinder | ||
or hydrostatic testing is necessary, and checking for cuts, | ||
bulges,
dents, abrasions, corrosion, condition of paint, shell | ||
hanger attachment,
maintenance of nameplate, weight of | ||
contents, pressure gauge, valve,
removal of pull pin, discharge | ||
nozzle, hose assembly, and operating
instructions.
| ||
(i) "NAFED" means the National Association of Fire | ||
Equipment Distributors located in Chicago, Illinois. | ||
(j) "ICC" means the International Code Council. | ||
(Source: P.A. 96-1499, eff. 1-18-11.) | ||
(225 ILCS 217/10) | ||
(Section scheduled to be repealed on January 1, 2013)
| ||
Sec. 10. License requirement; injunction; cease and desist | ||
order. | ||
(a) No person shall act as a fire
equipment distributor or | ||
employee, or
advertise or
assume to act as such, or use any | ||
title implying that such person
is engaged in such practice or | ||
occupation unless licensed by the State Fire
Marshal.
| ||
No firm, association, or corporation shall act as an
agency | ||
licensed under this Act, or advertise or assume to act as such,
| ||
or use any title implying that the firm, association, or | ||
corporation
is engaged in such practice, unless licensed by the | ||
State Fire Marshal.
| ||
(b) The State Fire Marshal, in the name of the People and | ||
through the Attorney
General, the
State's Attorney of any | ||
county, any interested resident of the State, or any interested | ||
legal
entity within the State, may petition the court with | ||
appropriate jurisdiction for an order seeking injunctive | ||
relief to enjoin from practicing a licensed activity in | ||
violation of this Act any person, firm, association, or | ||
corporation who has not been issued a license, or whose license | ||
has been suspended, revoked, or not renewed. If any person, | ||
firm, association, or corporation holds itself out as being a | ||
licensee under this Act and is not licensed to do so, then any | ||
licensee, interested party, or any person injured thereby may | ||
petition for relief as provided in this Section. Upon the | ||
filing of a verified complaint, a copy shall be served upon the | ||
defendant and the proceedings shall thereafter be conducted as | ||
in other civil cases. The court with appropriate jurisdiction | ||
may issue a temporary restraining order without notice or bond. | ||
apply for injunctive relief in any court to enjoin
any person | ||
who has not been issued a license or whose license
has been | ||
suspended, revoked, or not renewed from practicing
a licensed | ||
activity, and upon the filing of a verified petition,
the | ||
court, if satisfied by affidavit or otherwise, that such person
| ||
is or has been practicing in violation
of this Act may enter a | ||
temporary restraining order
or preliminary injunction, without | ||
bond, enjoining
the defendant from such further activity. A | ||
copy of the verified complaint
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 practicing in violation of this Act, the court | ||
may enter
a judgment permanently perpetually enjoining the | ||
defendant
from such further activity.
In case of violation of | ||
any injunctive order or judgment entered under the
provisions | ||
of this
Section, the court may summarily try and punish the
| ||
offender for contempt of court. Such injunctive proceeding | ||
shall be in
addition to all penalties and other remedies in | ||
this Act. | ||
(c) Whenever, in the opinion of the State Fire Marshal, a | ||
person, firm, association, or corporation violates any | ||
provision of this Act, the State Fire Marshal may issue an | ||
order to show cause why an order to cease and desist should not | ||
be entered against that person, firm, association, or | ||
corporation. The order shall clearly set forth the grounds | ||
relied upon by the State Fire Marshal and shall allow the | ||
person, firm, association, or corporation at least 7 days after | ||
the date of the order to file an answer satisfactory to the | ||
State Fire Marshal. A failure to answer an order to show cause | ||
to the satisfaction of the State Fire Marshal shall result in | ||
the issuance of an order to cease and desist. | ||
(d) The State Fire Marshal may refuse to issue a license | ||
to, or may suspend the
license
of, any person who fails 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
| ||
Illinois Department of Revenue, until such time as the | ||
requirements of any such
tax Act are satisfied.
| ||
(Source: P.A. 96-1499, eff. 1-18-11.) | ||
(225 ILCS 217/30) | ||
(Section scheduled to be repealed on January 1, 2013)
| ||
Sec. 30. Rules; report. | ||
(a) The State Fire Marshal shall adopt rules consistent
| ||
with the provisions
of this Act for the administration and | ||
enforcement thereof, and may prescribe
forms that shall be | ||
issued in connection therewith. The rules shall include
| ||
standards and criteria for registration, professional
conduct, | ||
and discipline. The State Fire Marshal shall consult with the | ||
Board
in
adopting all rules under this Act.
| ||
(b) (Blank). The Board shall propose to the State Fire | ||
Marshal additions or
modifications
to administrative rules | ||
whenever a majority of the members believes the
rules are | ||
deficient for the proper administration of this Act.
| ||
(c) (Blank). The State Fire Marshal may solicit the advice | ||
and expert knowledge of
the Board
on any matter relating to the | ||
administration and enforcement of this Act.
| ||
(d) In the adopting of rules relating to fire equipment
| ||
distributors and employees, the State Fire Marshal shall be | ||
guided by the
national
fire safety standards and codes and fire | ||
equipment and facility standards
and code, including, but not | ||
limited to, those adopted by the National
Fire Protection | ||
Association and the National Association of Fire Equipment
| ||
Distributors.
| ||
(e) In the adopting of rules relating to the maintenance | ||
and operation
of hydrostatic testing equipment and tools for | ||
all fire equipment distributors
and employees, the State Fire | ||
Marshal shall be guided by the requirements of
the
United | ||
States Department of Transportation as set forth in Section | ||
173.34(e)(1)
of Title 49 of Code of Federal Regulations.
| ||
(f) The State Fire Marshal shall by rule establish | ||
procedures for an
applicant for any class fire equipment | ||
employee license to work for a
licensed fire equipment | ||
distributor for training.
| ||
(g) The rules adopted by the Office of the State Fire | ||
Marshal under
the
Fire Equipment Distributor and Employee | ||
Regulation Act of 2000 shall remain in effect
until
such time | ||
as the Office of the State Fire Marshal adopts rules under this
| ||
Act.
| ||
(h) (Blank). The State Fire Marshal shall issue to the | ||
Board prior to each Board
meeting,
but not less than quarterly, | ||
a report of the status of all convictions related
to the | ||
profession received by the State Fire Marshal.
| ||
(Source: P.A. 96-1499, eff. 1-18-11.) | ||
(225 ILCS 217/35) | ||
(Section scheduled to be repealed on January 1, 2013)
| ||
Sec. 35. Personnel. The State Fire Marshal may employ, in | ||
conformity with
the Personnel
Code,
such professional, | ||
technical, investigative, or clerical help, on either
a full or | ||
part-time basis, as may be necessary for the enforcement of | ||
this
Act. Each investigator shall have a minimum of 2 years' | ||
investigative
experience
out of the preceding 5 years.
| ||
An investigator may not hold an active license issued under | ||
this Act
or have any fiduciary interest in any business | ||
licensed
under this Act. This prohibition does not, however, | ||
prohibit an investigator
from holding stock in a | ||
publicly-traded business licensed or regulated under
this Act, | ||
provided that the investigator does not hold more than 5% of | ||
the
stock in the business.
| ||
(Source: P.A. 96-1499, eff. 1-18-11.) | ||
(225 ILCS 217/40) | ||
(Section scheduled to be repealed on January 1, 2013)
| ||
Sec. 40. Qualifications for licensure; fees. | ||
(a) No person shall engage in practice as a fire equipment | ||
distributor or
fire equipment employee without first
applying | ||
for and obtaining a license for that purpose from the Office of
| ||
the State Fire Marshal.
| ||
(b) To qualify for a Class A Fire Equipment Distributor | ||
License to service,
recharge,
hydro-test, install, maintain, | ||
or inspect all types of fire extinguishers, an
applicant must | ||
provide all of the following:
| ||
(1) An annual license fee of $100.
| ||
(2) Evidence of registration as an Illinois | ||
corporation or
evidence of compliance with the Assumed | ||
Business Name Act.
| ||
(3) Evidence of financial responsibility in a minimum | ||
amount of
$300,000 through liability insurance, | ||
self-insurance,
group insurance, group self-insurance, or | ||
risk retention groups.
| ||
(c) To qualify for a Class B Fire Equipment Distributor | ||
License to service,
recharge,
hydro-test, install, maintain, | ||
or inspect all types of pre-engineered fire
extinguishing | ||
systems, an applicant must provide all of the following:
| ||
(1) An annual license fee of $200.
| ||
(2) Evidence of registration as an Illinois | ||
corporation or
evidence of compliance with the Assumed | ||
Business Name Act.
| ||
(3) Evidence of financial responsibility in a minimum | ||
amount of
$300,000 through liability insurance, | ||
self-insurance, group insurance, group
self-insurance, or | ||
risk retention groups.
| ||
(4) Evidence of owning, leasing, renting, or having | ||
access to proper
testing equipment that is in compliance | ||
with the national standards adopted
by the State Fire | ||
Marshal for the maintenance and operation of testing
tools | ||
for use with all Class B fire equipment.
| ||
(d) To qualify for a Class C Fire Equipment Distributor | ||
License to service,
repair,
hydro-test, inspect, and engineer | ||
all types of engineered fire suppression
systems, an applicant | ||
must provide all of the following:
| ||
(1) An annual license fee of $300.
| ||
(2) Evidence of registration as an Illinois | ||
corporation or
evidence of compliance with the Assumed | ||
Business Name Act.
| ||
(3) Evidence of financial responsibility in a minimum | ||
amount of
$300,000 through liability insurance, | ||
self-insurance, group insurance,
group self-insurance, or | ||
risk retention groups.
| ||
(4) Evidence of owning, leasing, renting, or having | ||
access to proper
testing equipment that is in compliance | ||
with the national standards adopted
by the State Fire | ||
Marshal for the maintenance and operation of testing
tools | ||
for use with all Class C fire equipment.
| ||
(e) To qualify for a Class 1 Fire Equipment Employee | ||
License to service,
recharge, hydro-test, install, maintain, | ||
or inspect all types
of fire extinguishers, an applicant must | ||
complete all of the following:
| ||
(1) Pass the ICC/NAFED examination administered by the | ||
ICC as a technician certified to service a Portable Fire | ||
Extinguisher.
| ||
(2) Pay an annual license fee of $20.
| ||
(3) Provide 2 copies of a current photograph at least | ||
1" x 1" in size.
| ||
(f) To qualify for a Class 2I 2 Fire Equipment Employee | ||
License to service,
recharge, hydro-test, install, maintain, | ||
or inspect all types
of pre-engineered industrial fire | ||
extinguishing systems, an applicant must complete all of
the | ||
following:
| ||
(1) Pass the ICC/NAFED examination administered by the | ||
ICC as a technician certified to service Pre-Engineered | ||
Industrial Fire Suppression Systems.
| ||
(2) Pay an annual license fee of $20.
| ||
(3) Provide 2 copies of a current photograph at least | ||
1" x 1" in size.
| ||
(f-5) To qualify for a Class 2K Fire Equipment Employee | ||
License to service, recharge, hydro-test, install, maintain, | ||
or inspect all types of pre-engineered kitchen fire | ||
extinguishing systems, an applicant must complete all of the | ||
following: | ||
(1) Pass the ICC/NAFED examination administered by the | ||
ICC as a technician certified to service Pre-Engineered | ||
Kitchen Fire Extinguishing Systems. | ||
(2) Pay an annual fee of $20. | ||
(3) Provide 2 copies of a current photograph at least | ||
1" x 1" in size. | ||
(g) To qualify for a Class 3 Fire Equipment Employee | ||
License to service,
recharge, hydro-test, maintain, inspect, | ||
or engineer all
types of engineered fire extinguishing systems, | ||
an applicant must complete all
of the following:
| ||
(1) Pass the examination.
| ||
(2) Pay an annual license fee of $20.
| ||
(3) Provide a current photograph at least 1" x 1" in | ||
size.
| ||
(h) All licenses issued under this Act shall remain in | ||
effect unless the licensee is otherwise notified by the Office | ||
of the State Fire Marshal. | ||
(Source: P.A. 96-1499, eff. 1-18-11.) | ||
(225 ILCS 217/75) | ||
(Section scheduled to be repealed on January 1, 2013)
| ||
Sec. 75. Grounds for disciplinary sanctions. Licensees | ||
subject to this Act
shall conduct their
practice in accordance | ||
with this Act and with any rules adopted
under this Act. The | ||
State Fire Marshal may refuse to issue or renew any license and | ||
it may suspend or revoke any license or may place on probation, | ||
censure, reprimand, or take other disciplinary action deemed | ||
appropriate by the State Fire Marshal and enumerated in this | ||
Act, including the imposition of fines not to exceed $5,000 for | ||
each violation, with regard to any license issued under this | ||
Act for any one or more of the reasons enumerated in this | ||
Section. Any civil penalty assessed by the State Fire Marshal | ||
pursuant to this Act 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 executed | ||
in the same manner as any judgment from any court of record. | ||
Grounds for discipline under this Act are: Licensees shall | ||
be subject to the exercise of the
disciplinary sanctions | ||
enumerated in Section 90 if the State Fire Marshal finds
that a | ||
licensee is guilty of any of the following:
| ||
(1) fraud or material deception in obtaining or | ||
renewing of a license;
| ||
(2) professional incompetence as manifested by poor | ||
standards of service;
| ||
(3) engaging in dishonorable, unethical, or | ||
unprofessional conduct of a
character likely to deceive, | ||
defraud, or harm the public in the course of
professional | ||
services or activities;
| ||
(4) conviction of any crime by a licensee that has a | ||
substantial
relationship to his or her practice or an | ||
essential element of which is
misstatement, fraud, or | ||
dishonesty, or conviction in this or another state
of any | ||
crime that is a felony under the laws of Illinois or | ||
conviction of
a felony in a federal court, unless the | ||
person demonstrates that he or she has
been sufficiently | ||
rehabilitated to warrant the public trust;
| ||
(5) performing any services in a grossly negligent | ||
manner or
permitting any of his or her licensed employees | ||
to perform services in a
grossly
negligent manner, | ||
regardless of whether actual damage or damages to the
| ||
public is established;
| ||
(6) habitual drunkenness or habitual addiction to the | ||
use
of morphine,
cocaine, controlled substances, or other | ||
habit-forming drugs;
| ||
(7) directly or indirectly willfully receiving | ||
compensation for any
professional services not actually | ||
rendered;
| ||
(8) having disciplinary action taken against his or her | ||
license in another
state;
| ||
(9) making differential treatment against any person | ||
to his or her detriment
because of race, color, creed, sex, | ||
religion, or national origin;
| ||
(10) engaging in unprofessional conduct;
| ||
(11) engaging in false or misleading advertising;
| ||
(12) contracting or assisting unlicensed persons to | ||
perform services for
which a license is required under this | ||
Act;
| ||
(13) permitting the use of his or her license to enable | ||
any unlicensed
person
or agency to operate as a licensee;
| ||
(14) performing and charging for services without | ||
having authorization
to do so from the member of the public | ||
being served;
| ||
(15) failure to comply with any provision of this Act | ||
or the rules
adopted under this Act;
| ||
(16) conducting business regulated by this Act without | ||
a currently valid
license.
| ||
(Source: P.A. 96-1499, eff. 1-18-11.) | ||
(225 ILCS 217/82 new) | ||
Sec. 82. Investigations. The State Fire Marshal may | ||
investigate the actions of any applicant or any person, firm, | ||
association, or corporation holding or claiming to hold a | ||
license under this Act. Before revoking, suspending, | ||
reprimanding, or taking any other disciplinary action | ||
permitted under this Act, the State Fire Marshal may issue a | ||
citation, refer the matter for prosecution, or institute formal | ||
charges as provided for in this Act. | ||
(225 ILCS 217/83 new) | ||
Sec. 83. Citations. | ||
(a) The State Fire Marshal may adopt rules to permit the | ||
issuance of citations for certain violations of this Act or the | ||
rules adopted under this Act. The citation shall be issued to | ||
the licensee and shall contain the licensee's name and address, | ||
the licensee's license number, a brief factual statement, the | ||
Sections of the law or rules allegedly violated, and the | ||
penalty imposed. The citation must clearly state that the | ||
licensee may choose, in lieu of accepting the citation, to | ||
request a hearing on the date and at the place specified on the | ||
citation. The citation shall not provide a hearing date less | ||
than 30 days after the citation's issuance date. Any dispute | ||
filed by the licensee with the State Fire Marshal shall comply | ||
with the requirements for a written answer set forth in | ||
subsection (a) of Section 85 of this Act. If the licensee does | ||
not dispute the citation with the State Fire Marshal within 20 | ||
days after the citation is served, then the citation shall | ||
become a final order and shall constitute discipline. The | ||
penalty shall be a fine or other conditions as established by | ||
rule. | ||
(b) The State Fire Marshal shall adopt rules designating | ||
violations for which a citation may be issued. Such rules shall | ||
identify citation violations for those violations for which | ||
there is, in the determination of the State Fire Marshal or his | ||
or her designee, no substantial threat to the public health, | ||
safety, or welfare. Citations shall not be utilized if, in the | ||
determination of the State Fire Marshal or his or her designee, | ||
significant consumer harm resulted from the violation. | ||
(c) A citation must be issued within 6 months after the | ||
State Fire Marshal became first aware of the facts forming the | ||
basis for the citation. | ||
(d) Service of a citation may be made by personal service | ||
or certified mail to the licensee at the licensee's address of | ||
record. | ||
(225 ILCS 217/85) | ||
(Section scheduled to be repealed on January 1, 2013)
| ||
Sec. 85. Formal charges. | ||
(a) Before revoking, suspending, annulling, withdrawing, | ||
amending materially, or refusing to renew any valid license, | ||
Following the investigative process, the State Fire Marshal | ||
shall may
file formal charges against the licensee. The formal | ||
charges shall, at
a minimum, inform the licensee of the facts | ||
that make up the basis of the
charge
and that are specific | ||
enough to enable the licensee to defend himself.
| ||
(b) Each licensee whose conduct is the subject of a formal | ||
charge that
seeks to impose disciplinary action against the | ||
licensee shall be served
notice of said formal charge at least | ||
30 days before the date of the hearing,
which shall be presided | ||
over by a hearing officer
authorized by the State Fire Marshal. | ||
Service shall be considered to have been
given if the notice | ||
was personally received by the licensee or if the notice
was | ||
sent by certified mail, return receipt requested to the | ||
licensee at the
licensee's
last known address, as listed with | ||
the State Fire Marshal.
| ||
(c) The notice of formal charges shall consist at a minimum | ||
of the following
information:
| ||
(1) the time, place, and date of the hearing;
| ||
(2) that the licensee shall appear personally at the | ||
hearing and may be
represented by counsel;
| ||
(3) that the licensee shall have the right to produce | ||
witnesses and
evidence in his behalf and shall have the | ||
right to cross-examine witnesses and
refute
evidence
| ||
produced against him or her;
| ||
(4) that the hearing could result in disciplinary | ||
action being taken
against his or her license;
| ||
(5) that rules for the conduct of these hearings exist | ||
and it may be in
the licensee's best interest to obtain a | ||
copy;
| ||
(6) that a hearing officer authorized by the State Fire | ||
Marshal
shall preside at the hearing and following the | ||
conclusion of said hearing
shall make findings of fact, | ||
conclusions of law, and recommendations,
separately
| ||
stated, to the State Fire Marshal as to what disciplinary | ||
action, if any,
should be
imposed on the licensee; and
| ||
(7) that the State Fire Marshal may continue such | ||
hearing; .
| ||
(8) that the licensee shall file a written answer to | ||
the charges with the State
Fire Marshal under oath within | ||
20 days after service of the notice; and | ||
(9) that if the accused fails to answer, a default | ||
judgment shall be taken against him, her, or it, or that | ||
his, her, or its license may be suspended, revoked, placed | ||
on probationary status, or subject to other disciplinary | ||
action as the State Fire Marshal deems proper, without a | ||
hearing, if the act or acts charged constitute sufficient | ||
grounds for such action under this Act. | ||
(d) The hearing officer authorized by the State Fire | ||
Marshal shall
hear evidence produced in support of the formal | ||
charges and contrary evidence
produced by the licensee, if any. | ||
At the conclusion of the hearing, the
hearing officer shall | ||
make findings of fact, conclusions of law, and
recommendations,
| ||
separately stated, and submit them to the State Fire Marshal | ||
and to all parties
to
the proceeding. Submission to the | ||
licensee shall be considered as having
been made if done in a | ||
similar fashion as service of the notice of formal
charges. | ||
Within 20 days after such service, any party to the proceeding
| ||
may present to the State Fire Marshal a motion, in writing, for | ||
a rehearing which
written motion shall specify the particular | ||
grounds therefor.
| ||
(e) The State Fire Marshal, following the time allowed for | ||
filing a motion
for rehearing,
shall review the hearing | ||
officer's findings of fact, conclusions of law,
and | ||
recommendations,
and any motions filed subsequent thereto. | ||
After review of such information
the State Fire Marshal may | ||
hear oral arguments and thereafter shall issue an
order.
The | ||
report of findings of fact, conclusions of law, and | ||
recommendations of
the hearing officer shall be the basis for | ||
the State Fire Marshal's order.
If the State Fire Marshal
finds | ||
that substantial justice was not done, he or she may issue an | ||
order in
contravention
of the findings of fact, conclusions of | ||
law, and recommendations of the hearing
officer. The State Fire | ||
Marshal shall provide the Board with written
explanation of
any | ||
such deviation, and shall specify with particularity the | ||
reasons for
said action. The finding is not admissible in | ||
evidence against the person
in 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.
| ||
(f) All proceedings under this Section are matters of | ||
public record
and shall be preserved.
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(Source: P.A. 96-1499, eff. 1-18-11.) | ||
(225 ILCS 217/90) | ||
(Section scheduled to be repealed on January 1, 2013)
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Sec. 90. Disciplinary sanctions; hearings. | ||
(a) The State Fire Marshal shall impose any of the | ||
following sanctions,
singly or in combination, when he or she | ||
finds that a licensee is guilty of any
offense described in | ||
Section 75:
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(1) revocation;
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(2) suspension for any period of time;
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(3) reprimand or censure;
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(4) placement on probationary status and the | ||
requirement of the submission
of any of the following:
| ||
(i) report regularly to the Board or State Fire | ||
Marshal upon matters
that
are
the basis of the | ||
probation;
| ||
(ii) continuation or renewal of professional | ||
education until a
satisfactory degree
of skill has been | ||
attained in those areas that are the basis of the | ||
probation;
or
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(iii) such other reasonable requirements or | ||
restrictions as are proper;
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(5) refusal to issue, renew, or restore;
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(6) revocation of probation that has been granted and | ||
imposition of any
other discipline
in this subsection (a) | ||
when the requirements of probation have not been
fulfilled | ||
or have been violated; or .
| ||
(7) imposition of a fine not to exceed $5,000 for each | ||
violation of this Act or the rules adopted under this Act. | ||
(b) The State Fire Marshal may summarily suspend a license | ||
under this Act,
without
a hearing, simultaneously with the | ||
filing of a formal complaint and notice
for a hearing provided | ||
under this Section if the State Fire Marshal finds that the
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continued operations of the individual would constitute an | ||
immediate danger
to the public. In the event the State Fire | ||
Marshal suspends a license under this
subsection, a hearing by | ||
the hearing officer designated by the
State Fire Marshal shall | ||
begin within 20 days after such suspension begins, unless
| ||
continued at the request of the licensee.
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(c) Disposition may be made of any formal complaint by | ||
consent order between
the State Fire Marshal and the licensee, | ||
but the Board must be apprised of the
full
consent order in a | ||
timely way.
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(d) The State Fire Marshal shall reinstate any license to | ||
good standing
under
this Act, upon recommendation to the State | ||
Fire Marshal, after a hearing before
the
hearing officer | ||
authorized by the State Fire Marshal.
The State Fire Marshal | ||
shall be satisfied that the applicant's renewed practice
is not | ||
contrary to the public interest.
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(e) The State Fire Marshal may order a licensee to submit | ||
to a reasonable
physical examination if his or her physical | ||
capacity to practice safely is at
issue in a disciplinary | ||
proceeding.
Failure to comply with a State Fire Marshal order | ||
to submit to a
physical
examination shall render a licensee | ||
liable to the summary suspension
procedures described in this | ||
Section.
| ||
(f) The State Fire Marshal may conduct hearings and issue | ||
cease and desist
orders
to persons who engage in activities | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||
prohibited by this Act without having
a valid license, | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||
certificate, or registration. Any person in violation of
a | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||
cease and desist order entered by the State Fire Marshal shall | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||
be subject to
all
of the remedies provided by law, and in | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||
addition, shall be subject to a
civil penalty payable to the | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||
party injured by the violation.
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(g) The State Fire Marshal shall seek to achieve | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||
consistency in the
application
of the foregoing sanctions and | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||
consent orders and significant departure
from prior decisions | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||
involving similar conduct shall be explained in the
State Fire | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Marshal's orders.
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(Source: P.A. 96-1499, eff. 1-18-11.) | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(225 ILCS 217/25 rep.) | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(225 ILCS 217/50 rep.) | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(225 ILCS 217/55 rep.) | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Section 10. The Fire
Equipment Distributor and
Employee | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Regulation Act of 2011 is amended by repealing Sections 25, 50, | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||
and 55.
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Section 99. Effective date. This Act takes effect upon | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||
becoming law.
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