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92nd General Assembly

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Public Act 92-0499

HB2565 Enrolled                                LRB9201498LBgc

    AN ACT in relation to sports.

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

    Section  5.  The Professional Boxing and Wrestling Act is
amended by changing the title of the Act and  Sections  0.05,
1,  2, 5, 7, 8, 10, 11, 12, 13, 15, 16, 17.7, 17.8, 17.9, 18,
19, 19.1, 19.3, 19.4, 23, and 23.1 as follows:

    (225 ILCS 105/Act title)
    An Act in relation to professional boxing and  wrestling,
creating   a   board,  prescribing  its  powers  and  duties,
providing penalties for violation of the provisions  thereof,
and to amend an Act herein named.

    (225 ILCS 105/0.05)
    Sec.  0.05.   Declaration  of public policy. Professional
boxing and wrestling in  the  State  of  Illinois  is  hereby
declared to affect the public health, safety, and welfare and
to  be  subject  to  regulation  and  control  in  the public
interest. It is further declared to be  a  matter  of  public
interest and concern that boxing and wrestling, as defined in
this  Act, merit and receive the confidence of the public and
that only qualified persons be authorized to  participate  in
boxing  contests  and  wrestling  exhibitions in the State of
Illinois. This Act shall be liberally construed to best carry
out these objects and purposes.
(Source: P.A. 91-408, eff. 1-1-00.)

    (225 ILCS 105/1) (from Ch. 111, par. 5001)
    Sec. 1. Short title and definitions.
    (a)  This Act may be cited as the Professional Boxing and
Wrestling Act.
    (b)  As used in this Act:
         1.  "Department"    means    the    Department    of
    Professional Regulation.
         2.  "Director" means the  Director  of  Professional
    Regulation.
         3.  "Board"  means the State Professional Boxing and
    Wrestling Board appointed by the Director.
         4.  "License" means the license  issued  for  boxing
    promoters,  contestants,  or officials in accordance with
    this Act.
         5.  (Blank). "Registration" means  the  registration
    issued  to  wrestling  promoters  in accordance with this
    Act.
         6.  "Boxing Contests"  include  professional  boxing
    matches and exhibitions.
         7.  (Blank).    "Wrestling    Exhibitions"   include
    professional wrestling  contests,  matches,  events,  and
    shows.
         8.  (Blank).    "Athletic   Events"   include   both
    professional boxing contests and  professional  wrestling
    exhibitions.
         9.  "Permit"   means   the  authorization  from  the
    Department to a promoter to conduct  professional  boxing
    contests or professional wrestling exhibitions.
         10.  "Promoter"  means  a  person who is licensed or
    registered and who holds a permit to conduct professional
    boxing  contests  matches   or   professional   wrestling
    exhibitions.
         11.  Unless   the   context   indicates   otherwise,
    "person"    includes    an    association,   partnership,
    corporation, gymnasium, or club.
         12.  (Blank). For the purposes of this Act the  term
    "trainer"  includes  what  is  commonly  referred  to  as
    "second", "corner man", or "coach".
         13.  "Ultimate  fighting exhibition" has the meaning
    given by rule adopted by  the  Department  in  accordance
    with Section 7.5.
         14.  "Professional boxer" means a person licensed by
    the  Department who competes for a money prize, purse, or
    other  type  of  compensation  in   a   boxing   contest,
    exhibition, or match held in Illinois.
         15.  "Judge"   means   a   person  licensed  by  the
    Department who is at ringside during a boxing  match  and
    who  has the responsibility of scoring the performance of
    the participants in the contest.
         16.  "Referee"  means  a  person  licensed  by   the
    Department  who  has  the general supervision of a boxing
    contest and is present inside  of  the  ring  during  the
    contest.
         17.  "Amateur" means a person who has never received
    or  competed  for  any  purse  or other article of value,
    either for participating in any boxing contest or for the
    expenses of training therefor, other than  a  prize  that
    does not exceed $50 in value.
         18.    "Contestant"    means   an   individual   who
    participates in a boxing contest or wrestling exhibition.
         19.   "Second"  means  a  person  licensed  by   the
    Department  who  is  present  at  any  boxing  contest to
    provide assistance  or  advice  to  a  boxer  during  the
    contest.
         20.  "Matchmaker"  means  a  person  licensed by the
    Department who brings  together  professional  boxers  or
    procures matches or contests for professional boxers.
         21.   "Manager"  means  a  person  licensed  by  the
    Department who is not a promoter and who, under contract,
    agreement,  or  other   arrangement   with   any   boxer,
    undertakes   to,   directly  or  indirectly,  control  or
    administer the boxing affairs of boxers.
         22. "Timekeeper" means  a  person  licensed  by  the
    Department  who  is  the  official timer of the length of
    rounds and the intervals between the rounds.
         23. "Purse" means the  financial  guarantee  or  any
    other    remuneration    for    which   contestants   are
    participating in a boxing contest.
         24.  "Physician" means a person licensed to practice
    medicine in all its branches under the  Medical  Practice
    Act of 1987.
(Source: P.A. 91-408, eff. 1-1-00.)

    (225 ILCS 105/2) (from Ch. 111, par. 5002)
    Sec.  2.  State  Professional Boxing and Wrestling Board.
There is created the State Professional Boxing and  Wrestling
Board  consisting  of 6 persons who shall be appointed by and
shall serve in an advisory capacity  to  the  Director.   One
shall  be a physician licensed to practice medicine in all of
its branches. The Director shall appoint each member to serve
for a term of 3 years and  until  his  or  her  successor  is
appointed  and  qualified.   One member of the board shall be
designated  as  the  Chairperson  and  one  member  shall  be
designated  as  the  Vice-chairperson.  No  member  shall  be
appointed  to  the  Board  for  a  term  which  would   cause
continuous  service to be more than 9 years. Service prior to
January 1, 2000 the effective date of this amendatory Act  of
the   91st  General  Assembly  shall  not  be  considered  in
calculating length of service on the Board.  Each  member  of
the  board  shall receive compensation for each day he or she
is engaged in transacting the business of the board  and,  in
addition,  shall  be reimbursed for his or her authorized and
approved expenses necessarily incurred in  relation  to  such
service  in accordance with the travel regulations applicable
to the Department at the time the expenses are incurred.
    A  majority  of  the  current  members  appointed   shall
constitute a quorum.
    The members of the Board shall be immune from suit in any
action  based upon any disciplinary proceedings or other acts
performed in good faith as members of the Board.
    The Director may remove  any  member  of  the  Board  for
misconduct,  incapacity,  or  neglect  of  duty. The Director
shall reduce to writing any causes for removal.
(Source: P.A. 91-408, eff. 1-1-00.)

    (225 ILCS 105/5) (from Ch. 111, par. 5005)
    Sec. 5.  The Department shall exercise,  but  subject  to
the  provisions of this Act, the following functions, powers,
and duties: (a) to ascertain the qualifications  and  fitness
of applicants for licenses, registrations and permits; (b) to
prescribe rules and regulations for the administration of the
Act;  (c)  to  conduct  hearings  on proceedings to refuse to
issue, refuse  to  renew,  revoke,  suspend,  or  subject  to
reprimand licenses, registrations or permits under this Act;,
and  (d) to revoke, suspend, or refuse issuance or renewal of
such licenses, registrations or permits.
(Source: P.A. 82-522.)

    (225 ILCS 105/7) (from Ch. 111, par. 5007)
    Sec. 7.  In order to conduct a boxing  contest  match  or
wrestling exhibition in this State, a promoter shall obtain a
permit  issued  by the Department in accordance with this Act
and the rules and regulations adopted pursuant thereto.  This
permit shall authorize one or more contests  or  exhibitions.
A permit issued under this Act is not transferable.
(Source: P.A. 82-522.)

    (225 ILCS 105/8) (from Ch. 111, par. 5008)
    Sec. 8. Permits.
    (a)  A promoter who desires to obtain a permit to conduct
a  boxing  contest  an  athletic  event  shall  apply  to the
Department at least 20 days prior to the event,  in  writing,
on  forms furnished by the Department.  The application shall
be accompanied by the required fee and shall contain at least
the following information:
         (1)   the names and addresses of the promoter;
         (2)  the name of the matchmaker;
         (3) the  time  and  exact  location  of  the  boxing
    contest athletic event;
         (4)  the  seating capacity of the building where the
    event is to be held;
         (5)  a copy of the lease or proof  of  ownership  of
    the building where the event is to be held;
         (6)  the admission charge or charges to be made; and
         (7)  proof   of   adequate   security  measures  and
    adequate medical supervision, as determined by Department
    rule, to ensure the protection of the health  and  safety
    of  the  general  public  while attending boxing contests
    athletic  events  and  the  contestants'   safety   while
    participating  in  the  events  and any other information
    that the Department may determine by  rule  in  order  to
    issue a permit.
    (b)  After  the initial application and within 10 days of
a scheduled event, a promoter shall submit to the  Department
all of the following information:
         (1)  The  amount  of compensation to be paid to each
    participant.
         (2) The names of the contestants.
         (3) Proof of insurance for not less than $10,000 for
    each contestant participating  in  a  boxing  contest  or
    exhibition.
    Insurance  required under this subsection shall cover (i)
hospital, medication, physician, and other such  expenses  as
would accrue in the treatment of an injury as a result of the
boxing  contest  or exhibition and (ii) payment to the estate
of the contestant in the event of  his  or  her  death  as  a
result  of  his or her participation in the boxing contest or
exhibition.
    (c)  All  boxing   promoters   shall   provide   to   the
Department,  at  least  24 hours prior to commencement of the
event, the amount of the purse to be paid for the event.  The
Department shall promulgate rules for payment of the purse.
    (d)  The  boxing  contest  shall be held in an area where
adequate neurosurgical facilities are  immediately  available
for  skilled  emergency  treatment of an injured boxer. It is
the  responsibility  of  the  promoter  to  ensure  that  the
building to be used for the event  complies  with  all  laws,
ordinances,  and  regulations  in  the city, town, or village
where the boxing contest athletic event is to  be  held.  The
Department  may  issue a permit to any promoter who meets the
requirements of this Act and the rules. The permit shall only
be issued for a  specific  date  and  location  of  a  boxing
contest  an  athletic event and shall not be transferable. In
an emergency, the Department may allow a promoter to amend  a
permit application to hold a boxing contest an athletic event
in  a  different  location than the application specifies and
may allow the promoter to substitute contestants.
    (e)  The Department shall be  responsible  for  assigning
the  judge,  timekeepers,  referees,  physician,  and medical
personnel  for  a   boxing   contest.   It   shall   be   the
responsibility  of  the  promoter  to  cover  the cost of the
individuals utilized at a boxing contest an athletic event.
(Source: P.A. 91-408, eff. 1-1-00.)

    (225 ILCS 105/10) (from Ch. 111, par. 5010)
    Sec. 10.  Who must be licensed.  In order to  participate
in  boxing  contests  the  following  persons  must  each  be
licensed  and  in  good  standing  with  the  Department: (a)
promoters, (b) contestants, (c) seconds,  (d)  referees,  (e)
judges, (f) managers, (g) matchmakers, and (h) timekeepers.
    Announcers  may  participate  in  boxing contests without
being  licensed  under   this   Act.    It   shall   be   the
responsibility  of  the  promoter  to  ensure that announcers
comply  with  the  Act,  and  all   rules   and   regulations
promulgated pursuant to this Act.
    A  licensed  promoter  may  not  act  as,  and  cannot be
licensed as, a second, boxer, referee, timekeeper, judge,  or
manager.  If  he  or  she  is  so  licensed,  he  or she must
relinquish any  of  these  licenses  to  the  Department  for
cancellation.  A person possessing a valid promoter's license
may act as a matchmaker. A promoter  may  be  licensed  as  a
matchmaker.
    Persons  involved with wrestling exhibitions shall supply
the Department with their name,  address,  telephone  number,
and  social security number and shall meet other requirements
as established by rule.
(Source: P.A. 91-408, eff. 1-1-00.)

    (225 ILCS 105/11) (from Ch. 111, par. 5011)
    Sec. 11.  Qualifications  for  license.   The  Department
shall  grant licenses to or register the following persons if
the following qualifications are met:
    (A)  An applicant for licensure  as  a  contestant  in  a
boxing  contest  match  must:  (1) be 18 years old, (2) be of
good moral character, (3) file  an  application  stating  the
applicant's  correct name (and no assumed or ring name may be
used unless such name is registered with the Department along
with the applicant's correct name), date and place of  birth,
place  of current residence, and a sworn statement that he is
not currently in violation of any  federal,  State  or  local
laws  or  rules governing boxing, (4) file a certificate of a
physician  licensed  to  practice  medicine  in  all  of  its
branches which attests that the applicant is  physically  fit
and  qualified to participate in boxing contests matches, and
(5) pay the required fee and  meet  any  other  requirements.
Applicants  over age 35 39 who have not competed in a contest
within the last 36 months may be required  to  appear  before
the  Board  to  determine  their  fitness to participate in a
contest. A picture identification card shall be issued to all
boxers licensed  by  the  Department  who  are  residents  of
Illinois  or who are residents of any jurisdiction, state, or
country that  does  not  regulate  professional  boxing.  The
identification  card  shall be presented to the Department or
its representative upon request at weigh-ins or contests.
    (B)  An applicant for  licensure  as  a  boxing  referee,
judge,  manager,  second, matchmaker, or timekeeper must: (1)
be of good moral character, (2) file an  application  stating
the  applicant's  name, date and place of birth, and place of
current residence along with a certifying statement  that  he
is not currently in violation of any federal, State, or local
laws  or  rules  governing  boxing, (3) have had satisfactory
experience in his field, (4) pay the required  fee,  and  (5)
meet any other requirements as determined by rule.
    (C) An applicant for licensure as a boxing promoter must:
(1)  be of good moral character, (2) file an application with
the Department stating the applicant's name, date  and  place
of  birth, place of current residence along with a certifying
statement that he  is  not  currently  in  violation  of  any
federal,  State, or local laws or rules governing boxing, (3)
provide proof of a surety bond of  no  less  than  $5,000  to
cover  financial obligations pursuant to this Act, payable to
the Department and conditioned for the  payment  of  the  tax
imposed  by  this  Act  and  compliance with this Act and the
rules  promulgated  pursuant  to  this  Act,  (4)  provide  a
financial  statement,  prepared   by   a   certified   public
accountant,  showing  liquid  working  capital  of $10,000 or
more, or a $10,000 performance bond guaranteeing  payment  of
all  obligations  relating to the promotional activities, and
(5) pay the required fee and meet any other requirements.
    (D)   An  applicant  for  registration  as  a   wrestling
promoter  must:  (1)  be of good moral character, (2) file an
application with the Department stating the applicant's name,
date and place of birth, and place of current residence along
with a certifying statement  that  he  is  not  currently  in
violation  of  any  federal,  State,  or  local laws or rules
governing wrestling, (3) provide a surety  bond  of  no  less
than  $10,000 to cover financial obligations pursuant to this
Act, payable  to  the  Department  and  conditioned  for  the
payment  of  the  tax imposed by this Act and compliance with
this Act and the rules promulgated pursuant to this Act,  (4)
provide a financial statement, prepared by a certified public
accountant,  showing  liquid  working  capital  of $10,000 or
more, or a $10,000 performance bond guaranteeing  payment  of
all  obligations  relating to the promotional activities, and
(5) pay the required fee and meet any other requirements.
    In determining good moral character, the  Department  may
take   into   consideration  any  violation  of  any  of  the
provisions  of  Section  16  of  this  Act  and  any   felony
conviction  of the applicant, but such a conviction shall not
operate as a bar to licensure. No license issued  under  this
Act is transferable.
    The   Department   may   issue   temporary  licenses  and
registrations as provided by rule.
(Source: P.A. 90-655, eff. 7-30-98; 91-408, eff. 1-1-00.)

    (225 ILCS 105/12) (from Ch. 111, par. 5012)
    Sec. 12.  Boxing contests.  Each boxing contestant  shall
be  examined  before  entering the ring and immediately after
each contest by a physician licensed to practice medicine  in
all  of its branches. The physician shall determine, prior to
the contest, if each contestant is physically fit  to  engage
in the contest. After the contest the physician shall examine
the   contestant   to   determine  possible  injury.  If  the
contestant's physical condition so indicates,  the  physician
shall   recommend   to   the   Department  immediate  medical
suspension.  The  physician  may,  at  any  time  during  the
contest,  stop  the contest to examine a boxer, and terminate
the contest when, in the physician's opinion, continuing  the
contest  could  result  in  serious injury to the boxer.  The
physician shall certify to the condition of the contestant in
writing, over his signature on blank forms  provided  by  the
Department. Such reports shall be submitted to the Department
in  a  timely  manner.  The  physician  shall  be paid by the
promoter a fee fixed by the  Department.  No  boxing  contest
shall  be  held  unless  a  physician  licensed  to  practice
medicine in all of its branches is in attendance.
    No  contest shall be allowed to begin unless at least one
physician and 2  trained  paramedics  or  2  nurses  who  are
trained to administer emergency medical care are present.
    No  contest  shall  be more than 12 rounds in length. The
rounds shall not be more than  3  minutes  each  with  a  one
minute  interval  between them, and no boxer shall be allowed
to participate in more than 12 rounds within  72  consecutive
hours.  At  each  boxing  contest there shall be a referee in
attendance who shall direct  and  control  the  contest.  The
referee,  before  each  contest,  shall learn the name of the
contestant's chief second and shall  hold  the  chief  second
responsible  for  the  conduct  of  his  assistant during the
progress of the contest match.
    There shall be 2 judges in attendance who shall render  a
decision  at  the  end of each contest match. The decision of
the judges, taken together with the decision of the  referee,
is final; or, 3 judges shall score the contest match with the
referee  not  scoring.   The  method  of scoring shall be set
forth in rules.
    Judges, referees, or timekeepers for  contests  shall  be
assigned   by   the   Department.   The   Department  or  its
representative shall have  discretion  to  declare  a  price,
remuneration,  or  purse  or  any part of it belonging to the
contestant withheld if in the judgment of the  Department  or
its  representative the contestant is not honestly competing.
The Department shall have the authority to prevent a  contest
or exhibition from being held and shall have the authority to
stop  a  fight for noncompliance with any part of this Act or
rules or when, in the judgment  of  the  Department,  or  its
representative,  continuation of the event would endanger the
health, safety, and welfare of the contestants or spectators.
(Source: P.A. 91-408, eff. 1-1-00.)

    (225 ILCS 105/13) (from Ch. 111, par. 5013)
    Sec.  13.  Tickets;  tax.   Tickets  to  boxing  contests
athletic events, other than  a  boxing  contest  an  athletic
event  conducted  at premises with an indoor seating capacity
of more than 17,000, shall be printed in  such  form  as  the
Department  shall  prescribe.  A  certified  inventory of all
tickets printed for any boxing contest event shall be  mailed
to the Department by the promoter not less than 7 days before
the boxing contest event. The total number of tickets printed
shall  not  exceed the total seating capacity of the premises
in which the boxing contest event is to be held.  No  tickets
of admission to any boxing contest event, other than a boxing
contest  an  athletic  event  conducted  at  premises with an
indoor seating capacity of more than 17,000,  shall  be  sold
except  those  declared  on  an  official ticket inventory as
described in this Section.
    A promoter who conducts  a  boxing  contest  an  athletic
event under this Act, other than a boxing contest an athletic
event  conducted  at premises with an indoor seating capacity
of more than 17,000, shall, within 24 hours  after  a  boxing
contest  such  event: (1) furnish to the Department a written
report verified by the promoter or  his  authorized  designee
showing  the number of tickets sold for the boxing contest or
the actual ticket stubs and the amount of the gross  proceeds
thereof;  and  (2)  pay to the Department a tax of 10% of the
first $500,000 of gross receipts from the sale  of  admission
tickets, to be placed in the General Revenue Fund.
(Source: P.A. 90-580, eff. 5-21-98; 91-408, eff. 1-1-00.)

    (225 ILCS 105/15) (from Ch. 111, par. 5015)
    Sec.  15.  Inspectors.   The  Director may appoint boxing
inspectors  to   assist   the   Department   staff   in   the
administration  of  the  Act.  Each  boxing  instructor  Such
inspectors   appointed   by   the   Director   shall  receive
compensation for each day he or she is they  are  engaged  in
the transacting of business of the Department. Each inspector
shall  carry a card issued by the Department to authorize him
or her to act in such capacity. The inspector  or  inspectors
shall  supervise  each  contest  event  to  ensure  that  the
provisions  of  the Act are strictly enforced. The inspectors
shall also be present at the counting of the  gross  receipts
and  shall immediately deliver to the Department the official
box office statement as required by Section 13.
(Source: P.A. 91-408, eff. 1-1-00.)

    (225 ILCS 105/16) (from Ch. 111, par. 5016)
    Sec. 16. Discipline and sanctions.
    (a)  The  Department  may  refuse  to  issue  a   permit,
registration,  or  license, refuse to renew, suspend, revoke,
reprimand,  place  on   probation,   or   take   such   other
disciplinary  action  as  the  Department  may  deem  proper,
including  the  imposition  of fines not to exceed $5,000 for
each violation, with regard to any  license  or  registration
for any one or any combination of the following reasons:
         (1)  gambling,  betting or wagering on the result of
    or a contingency  connected  with  a  boxing  contest  an
    athletic event or permitting such activity to take place;
         (2)  participating  in  or permitting a sham or fake
    boxing contest;
         (3)  holding the boxing contest  athletic  event  at
    any  other  time  or  place  than is stated on the permit
    application;
         (4)  permitting  any  contestant  other  than  those
    stated on the permit  application  to  participate  in  a
    boxing  contest  an athletic event, except as provided in
    Section 9;
         (5)  violation or aiding in the violation of any  of
    the  provisions  of  this Act or any rules or regulations
    promulgated thereto;
         (6)  violation of any federal, State or  local  laws
    of  the  United  States  or  other jurisdiction governing
    boxing  contests  athletic  events  or   any   regulation
    promulgated pursuant thereto;
         (7)  charging  a  greater rate or rates of admission
    than is specified on the permit application;
         (8)  failure to obtain all  the  necessary  permits,
    registrations, or licenses as required under this Act;
         (9)  failure  to  file  the necessary bond or to pay
    the gross receipts tax as required by this Act;
         (10)  engaging   in   dishonorable,   unethical   or
    unprofessional conduct of a character likely to  deceive,
    defraud  or  harm  the public, or which is detrimental to
    honestly conducted boxing contests athletic events;
         (11)  employment of fraud, deception or any unlawful
    means in applying for or securing a permit  or,  license,
    or registration under this Act;
         (12)  permitting  a  physician  making  the physical
    examination to knowingly certify falsely to the  physical
    condition of a contestant;
         (13)  permitting  contestants  of  widely  disparate
    weights   or  abilities  to  engage  in  boxing  contests
    athletic events;
         (14)  boxing while under medical suspension in  this
    State or in any other state, territory or country;
         (15)  physical  illness,  including, but not limited
    to, deterioration through the aging process, or  loss  of
    motor   skills   which   results   in  the  inability  to
    participate  in  boxing  contests  athletic  events  with
    reasonable judgment, skill, or safety;
         (16)  allowing  one's   license   or,   permit,   or
    registration  issued under this Act to be used by another
    person;
         (17)  failing, within a reasonable time, to  provide
    any  information  requested by the Department as a result
    of a formal or informal complaint;
         (18)  professional incompetence;
         (19)  failure 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  any  tax  Act  administered by the Illinois
    Department  of  Revenue,   until   such   time   as   the
    requirements of any such tax Act are satisfied;
         (20)  holding  or  promoting  an  ultimate  fighting
    exhibition,  or  participating  in  an  ultimate fighting
    exhibition as a  promoter,  contestant,  referee,  judge,
    scorer, manager, trainer, announcer, or timekeeper;
         (21)  habitual  or  excessive  use  or  addiction to
    alcohol, narcotics, stimulants,  or  any  other  chemical
    agent or drug that results in an inability to participate
    in an event; or
         (22)  failure  to  stop a contest or exhibition when
    requested to do so by the Department.
    (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 operates as an automatic suspension. The suspension will
end only upon a finding by a court that the  licensee  is  no
longer   subject   to   involuntary   admission  or  judicial
admission, issuance of an order so  finding  and  discharging
the licensee, and upon the recommendation of the Board to the
Director  that  the  licensee be allowed to resume his or her
practice.
    (c)  In enforcing this Section, the Board, upon a showing
of a possible violation, may compel any  individual  licensed
or  registered to practice under this Act, or who has applied
for licensure or registration 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  or  clinical   psychologists   shall   be   those
specifically  designated  by  the  Board.  The  Board  or the
Department may order  the  examining  physician  or  clinical
psychologist  to  present testimony concerning this mental or
physical  examination  of  the   licensee,   registrant,   or
applicant.  No information shall be excluded by reason of any
common law or statutory privilege relating to  communications
between  the  licensee,  registrant,  or  applicant  and  the
examining    physician    or   clinical   psychologist.   Eye
examinations may be provided  by  a  licensed  and  certified
therapeutic  optometrist.  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 any individual to submit to a mental  or  physical
examination,  when  directed, shall be grounds for suspension
of a license until such time as the individual submits to the
examination if the Board finds,  after  notice  and  hearing,
that  the  refusal  to  submit to the examination was without
reasonable cause.
    (d)  If the Board finds an individual unable to  practice
because  of  the reasons set forth in this Section, the Board
shall require the individual to submit to  care,  counseling,
or treatment by physicians or clinical psychologists approved
or  designated  by  the  Board,  as  a  condition,  term,  or
restriction  for  continued, reinstated, or renewed licensure
or  registration,  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 or registration of the individual. Any
individual whose license or registration was granted pursuant
to  this Act, or continued, reinstated, renewed, disciplined,
or  supervised,  subject  to  such  conditions,   terms,   or
restrictions,  who shall fail to comply with such conditions,
terms, or restrictions, shall be referred to the Director for
a determination as to whether the individual shall  have  his
or her license or registration suspended immediately, pending
a hearing by the Board.
(Source: P.A. 91-408, eff. 1-1-00.)

    (225 ILCS 105/17.7)
    Sec. 17.7. Restoration of suspended or revoked license or
registration.  At any time after the suspension or revocation
of a license, the Department may restore it to  the  licensee
or  registrant  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.
(Source: P.A. 91-408, eff. 1-1-00.)

    (225 ILCS 105/17.8)
    Sec. 17.8. Surrender of license  or  registration.   Upon
the  revocation  or  suspension of a license or registration,
the licensee or registrant shall immediately surrender his or
her  license  or  registration  to  the  Department.  If  the
licensee or registrant fails to do so, the Department has the
right to seize the license or registration.
(Source: P.A. 91-408, eff. 1-1-00.)

    (225 ILCS 105/17.9)
    Sec.  17.9.  Summary   suspension   of   a   license   or
registration. The Director may summarily suspend a license or
registration  without  a  hearing  if the Director finds that
evidence in the  Director's  possession  indicates  that  the
continuation  of practice would constitute an imminent danger
to the public or the individual  involved.  If  the  Director
summarily  suspends  the  license  or  registration without a
hearing, a hearing must be commenced within 30 days after the
suspension has occurred and  concluded  as  expeditiously  as
practical.
(Source: P.A. 91-408, eff. 1-1-00.)

    (225 ILCS 105/18) (from Ch. 111, par. 5018)
    Sec.   18.   Investigations;   notice  and  hearing.  The
Department may investigate the actions of any applicant or of
any person or persons promoting or participating in a contest
or exhibition or any person holding or  claiming  to  hold  a
license   or   registration.  The  Department  shall,  before
revoking, suspending, placing on probation, reprimanding,  or
taking any other disciplinary action under this Act, at least
30  days  before the date set for the hearing, (i) notify the
accused in writing of the charges made and the time and place
for the hearing on the charges, (ii) direct  him  or  her  to
file  a  written  answer  to the charges with the Board under
oath within 20 days after the service on him or  her  of  the
notice, and (iii) inform the accused that, if he or she fails
to  answer,  default will be taken against him or her or that
his or her license or registration may be suspended, revoked,
or placed on probationary status or that  other  disciplinary
action   may   be   taken  with  regard  to  the  license  or
registration, including limiting the scope, nature, or extent
of his or  her  practice,  as  the  Department  may  consider
proper.  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 any
pertinent statements, testimony, evidence, and arguments. The
Board may continue the hearing from time to time. In case the
person, after receiving the notice, fails to file an  answer,
his  or her license or registration may, in the discretion of
the  Department,  be  suspended,  revoked,   or   placed   on
probationary  status  or  the  Department  may  take whatever
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 that  action  under
this  Act.  The  written  notice  may  be  served by personal
delivery or by certified mail to the address specified by the
accused in his or her last notification with the Department.
(Source: P.A. 91-408, eff. 1-1-00.)

    (225 ILCS 105/19) (from Ch. 111, par. 5019)
    Sec. 19. Findings and recommendations. At the  conclusion
of  the  hearing,  the  Board shall present to the Director a
written report of  its  findings,  conclusions  of  law,  and
recommendations.  The  report  shall  contain  a  finding  of
whether  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  any
violations   or   failure   to  comply  and  shall  make  its
recommendations to the Director.  In  making  recommendations
for  any  disciplinary  actions,  the  Board  may  take  into
consideration  all  facts  and circumstances bearing upon the
reasonableness  of  the  conduct  of  the  accused  and   the
potential  for  future  harm to the public including, but not
limited  to,  previous  discipline  of  the  accused  by  the
Department,  intent,  degree  of  harm  to  the  public   and
likelihood of harm in the future, any restitution made by the
accused,  and  whether the incident or incidents contained in
the complaint appear to be isolated or represent a continuing
pattern  of  conduct.  In  making  its  recommendations   for
discipline,  the  Board  shall  endeavor  to  ensure that the
severity of the discipline recommended is reasonably  related
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 registration, or otherwise disciplining a licensee
or  registrant.  If   the   Director   disagrees   with   the
recommendations of the Board, the Director may issue an order
in  contravention  of the Board recommendations. The Director
shall  provide  a  written  report  to  the  Board   on   any
disagreement  and shall specify the reasons for the action in
the final order. The finding is not  admissible  in  evidence
against  the  person  in a criminal prosecution brought for a
violation of this Act, but the hearing and finding are not  a
bar to a criminal prosecution brought for a violation of this
Act.
(Source: P.A. 91-408, eff. 1-1-00.)

    (225 ILCS 105/19.1) (from Ch. 111, par. 5019.1)
    Sec.   19.1.  Appointment  of  a  hearing  officer.   The
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 refusal to issue,
restore, or renew a license or certificate of registration or
discipline of a licensee or registrant. The  hearing  officer
has  full  authority  to  conduct  the  hearing.  The hearing
officer shall report his or her findings of fact, conclusions
of law, and recommendations to the Board  and  the  Director.
The  Board  shall  have 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 Director.  If the  Board  fails  to  present  its  report
within  the  60  day  period, the Director may issue an order
based on the report of the hearing officer.  If the  Director
determines  that  the  Board's  report  is  contrary  to  the
manifest  weight  of  the  evidence, he may issue an order in
contravention  of  the  recommendation.  The  Director  shall
promptly provide  a  written  report  of  the  Board  on  any
deviation and shall specify the reasons for the action in the
final order.
(Source: P.A. 91-408, eff. 1-1-00.)

    (225 ILCS 105/19.3)
    Sec.  19.3. Compelling testimony. Any circuit court, upon
application of the Department, designated hearing officer, or
the  applicant  or,  licensee,  or  registrant  against  whom
proceedings under this Act are pending, may  enter  an  order
requiring the attendance of witnesses and their testimony and
the  production  of  documents,  papers,  files,  books,  and
records  in connection with any hearing or investigation. The
court may compel obedience to its order  by  proceedings  for
contempt.
(Source: P.A. 91-408, eff. 1-1-00.)

    (225 ILCS 105/19.4)
    Sec.  19.4.   Director;  rehearing. Whenever the Director
believes that justice has not been done  in  the  revocation,
suspension,  refusal to issue, restore, or renew a license or
registration,  or  other  discipline  of  an  applicant   or,
licensee,  or  registrant, he or she may order a rehearing by
the same or other examiners.
(Source: P.A. 91-408, eff. 1-1-00.)

    (225 ILCS 105/23) (from Ch. 111, par. 5023)
    Sec. 23.  Fees.  The  fees  for  the  administration  and
enforcement  of  this  Act  including,  but  not  limited to,
original licensure or registration, renewal, and  restoration
shall  be  set  by  rule.   The fees shall not be refundable.
(Blank).
(Source: P.A. 91-357,  eff.  7-29-99;  91-408,  eff.  1-1-00;
revised 8-27-99.)

    (225 ILCS 105/23.1) (from Ch. 111, par. 5023.1)
    Sec.   23.1.  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. If the check or other payment  was
for  a  renewal  or  issuance  fee  and that person practices
without paying the renewal fee or issuance fee and  the  fine
due,  an  additional fine of $100 shall be imposed. 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 Director may waive the fines due under this
Section in individual cases where the Director finds that the
fines would be unreasonable or unnecessarily burdensome.
(Source: P.A. 86-615; 87-1031.)

    Section 10.  The Regulatory  Sunset  Act  is  amended  by
changing Section 4.12 and adding Section 4.22 as follows:

    (5 ILCS 80/4.12) (from Ch. 127, par. 1904.12)
    Sec.  4.12.  The following Acts are repealed December 31,
2001:
    The Professional Boxing and Wrestling Act.
    The Interior Design Profession Title Act.
    The Detection of Deception Examiners Act.
    The Water Well and Pump Installation Contractor's License
Act.
(Source: P.A. 86-1404; 86-1475; 87-703.)

    (5 ILCS 80/4.22 new)
    Sec. 4.22.  The Professional Boxing Act.

    Section  99.  Effective  date.   This  Act  takes  effect
January 1, 2002.
    Passed in the General Assembly November 29, 2001.
    Approved December 18, 2001.

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