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1		AN ACT concerning regulation.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 5. The Regulatory Sunset Act is amended by changing
5		Section 4.26 and by adding Section 4.36 as follows:
6		(5 ILCS 80/4.26)
7		Sec. 4.26. Acts repealed on January 1, 2016. The following
8		Acts are repealed on January 1, 2016:
9		The Illinois Athletic Trainers Practice Act.
10		The Illinois Roofing Industry Licensing Act.
11		The Illinois Dental Practice Act.
12		The Collection Agency Act.
13		The Barber, Cosmetology, Esthetics, Hair Braiding, and
14		Nail Technology Act of 1985.
15		The Respiratory Care Practice Act.
16		The Hearing Instrument Consumer Protection Act.
17		The Illinois Physical Therapy Act.
18		The Professional Geologist Licensing Act.
19		(Source: P.A. 95-331, eff. 8-21-07; 95-876, eff. 8-21-08;
20		96-1246, eff. 1-1-11.)
21		(5 ILCS 80/4.36 new)
22		Sec. 4.36. Acts repealed on January 1, 2026. The following

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1		Acts are repealed on January 1, 2026:
2		The Illinois Athletic Trainers Practice Act.
3		The Illinois Roofing Industry Licensing Act.
4		Section 10. The Illinois Athletic Trainers Practice Act is
5		amended by changing Sections 3, 4, 5, 6, 7, 8, 9, 10, 11, 12,
6		13, 14, 16, 17, 17.5, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27,
7		28, 29, 30, and 31 and by adding Sections 7.5, 18.5, and 19.5
8		as follows:
9		(225 ILCS 5/3) (from Ch. 111, par. 7603)
10		(Section scheduled to be repealed on January 1, 2016)
11		Sec. 3. Definitions. As used in this Act:
12		(1) "Department" means the Department of Financial and
13		Professional Regulation.
14		(2) "Secretary" "Director" means the Secretary Director of
15		Financial and Professional Regulation.
16		(3) "Board" means the Illinois Board of Athletic Trainers
17		appointed by the Secretary Director.
18		(4) "Licensed athletic trainer" means a person licensed to
19		practice athletic training as defined in this Act and with the
20		specific qualifications set forth in Section 9 of this Act who,
21		upon the direction of his or her team physician or consulting
22		physician, carries out the practice of prevention/emergency
23		care or physical reconditioning of injuries incurred by
24		athletes participating in an athletic program conducted by an

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1		educational institution, professional athletic organization,
2		or sanctioned amateur athletic organization employing the
3		athletic trainer; or a person who, under the direction of a
4		physician, carries out comparable functions for a health
5		organization-based extramural program of athletic training
6		services for athletes. Specific duties of the athletic trainer
7		include but are not limited to:
8		A. Supervision of the selection, fitting, and
9		maintenance of protective equipment;
10		B. Provision of assistance to the coaching staff in the
11		development and implementation of conditioning programs;
12		C. Counseling of athletes on nutrition and hygiene;
13		D. Supervision of athletic training facility and
14		inspection of playing facilities;
15		E. Selection and maintenance of athletic training
16		equipment and supplies;
17		F. Instruction and supervision of student trainer
18		staff;
19		G. Coordination with a team physician to provide:
20		(i) pre-competition physical exam and health
21		history updates,
22		(ii) game coverage or phone access to a physician
23		or paramedic,
24		(iii) follow-up injury care,
25		(iv) reconditioning programs, and
26		(v) assistance on all matters pertaining to the

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1		health and well-being of athletes.
2		H. Provision of on-site injury care and evaluation as
3		well as appropriate transportation, follow-up treatment
4		and rehabilitation as necessary for all injuries sustained
5		by athletes in the program;
6		I. With a physician, determination of when an athlete
7		may safely return to full participation post-injury; and
8		J. Maintenance of complete and accurate records of all
9		athletic injuries and treatments rendered.
10		To carry out these functions the athletic trainer is
11		authorized to utilize modalities, including, but not limited
12		to, heat, light, sound, cold, electricity, exercise, or
13		mechanical devices related to care and reconditioning.
14		(5) "Referral" means the guidance and direction given by
15		the physician, who shall maintain supervision of the athlete.
16		(6) "Athletic trainer aide" means a person who has received
17		on-the-job training specific to the facility in which he or she
18		is employed, on either a paid or volunteer basis, but is not
19		enrolled in an accredited athletic training curriculum.
20		(7) "Address of record" means the designated address
21		recorded by the Department in the applicant's or licensee's
22		application file or license file as maintained by the
23		Department's licensure maintenance unit. It is the duty of the
24		applicant or licensee to inform the Department of any change of
25		address, and those changes must be made either through the
26		Department's website or by contacting the Department.

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1		(8) "Board of Certification" means the Board of
2		Certification for the Athletic Trainer.
3		(Source: P.A. 94-246, eff. 1-1-06.)
4		(225 ILCS 5/4) (from Ch. 111, par. 7604)
5		(Section scheduled to be repealed on January 1, 2016)
6		Sec. 4. Licensure; exempt requirement - Exempt activities.
7		No After the effective date of this Act, no person shall
8		provide any of the services set forth in subsection (4) of
9		Section 3 of this Act, or use the title "athletic trainer" or
10		"certified athletic trainer" or "athletic trainer certified"
11		or "licensed athletic trainer" or the letters "A.T.", "C.A.T.",
12		"A.T.C.", "A.C.T.", or "I.A.T.L." after his or her name, unless
13		licensed under this Act.
14		Nothing in this Act shall be construed as preventing or
15		restricting the practice, services, or activities of:
16		(1) Any person licensed or registered in this State by
17		any other law from engaging in the profession or occupation
18		for which he or she is licensed or registered.
19		(2) Any person employed as an athletic trainer by the
20		Government of the United States, if such person provides
21		athletic training solely under the direction or control of
22		the organization by which he or she is employed.
23		(3) Any person pursuing a course of study leading to a
24		degree or certificate in athletic training at an accredited
25		educational program if such activities and services

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1		constitute a part of a supervised course of study involving
2		daily personal or verbal contact at the site of supervision
3		between the athletic training student and the licensed
4		athletic trainer who plans, directs, advises, and
5		evaluates the student's athletic training clinical
6		education. The supervising licensed athletic trainer must
7		be on-site where the athletic training clinical education
8		is being obtained. A person meeting the criteria under this
9		paragraph (3) must be designated by a title which clearly
10		indicates his or her status as a student or trainee.
11		(4) (Blank).
12		(5) The practice of athletic training under the
13		supervision of a licensed athletic trainer by one who has
14		applied in writing to the Department for licensure and has
15		complied with all the provisions of Section 9 except the
16		passing of the examination to be eligible to receive such
17		license. This temporary right to act as an athletic trainer
18		shall expire 3 months after the filing of his or her
19		written application to the Department; when the applicant
20		has been notified of his or her failure to pass the
21		examination authorized by the Department; when the
22		applicant has withdrawn his or her application; when the
23		applicant has received a license from the Department after
24		successfully passing the examination authorized by the
25		Department; or when the applicant has been notified by the
26		Department to cease and desist from practicing, whichever

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1		occurs first. This provision shall not apply to an
2		applicant In no event shall this exemption extend to any
3		person for longer than 3 months. Anyone who has previously
4		failed the examination, or who fails the examination during
5		this 3-month period, shall immediately cease practice as an
6		athletic trainer and shall not engage in the practice of
7		athletic training again until he or she passes the
8		examination.
9		(6) Any person in a coaching position from rendering
10		emergency care on an as needed basis to the athletes under
11		his or her supervision when a licensed athletic trainer is
12		not available.
13		(7) Any person who is an athletic trainer from another
14		state or territory of the United States or another nation,
15		state, or territory acting as an athletic trainer while
16		performing his or her duties for his or her respective
17		non-Illinois based team or organization, so long as he or
18		she restricts his or her duties to his or her team or
19		organization during the course of his or her team's or
20		organization's stay in this State. For the purposes of this
21		Act, a team shall be considered based in Illinois if its
22		home contests are held in Illinois, regardless of the
23		location of the team's administrative offices.
24		(8) The practice of athletic training by persons
25		licensed in another state who have applied in writing to
26		the Department for licensure by endorsement. This

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1		temporary right to act as an athletic trainer shall expire
2		6 months after the filing of his or her written application
3		to the Department; upon the withdrawal of the application
4		for licensure under this Act; upon delivery of a notice of
5		intent to deny the application from the Department; or upon
6		the denial of the application by the Department, whichever
7		occurs first. for no longer than 6 months or until
8		notification has been given that licensure has been granted
9		or denied, whichever period of time is lesser.
10		(9) The practice of athletic training by one who has
11		applied in writing to the Department for licensure and has
12		complied with all the provisions of Section 9. This
13		temporary right to act as an athletic trainer shall expire
14		6 months after the filing of his or her written application
15		to the Department; upon the withdrawal of the application
16		for licensure under this Act; upon delivery of a notice of
17		intent to deny the application from the Department; or upon
18		the denial of the application by the Department, whichever
19		occurs first. for no longer than 6 months or until
20		notification has been given that licensure has been granted
21		or denied, whichever period of time is lesser.
22		(10) The practice of athletic training by persons
23		actively licensed as an athletic trainer in another state
24		or territory of the United States or another country, or
25		currently certified by the National Athletic Trainers
26		Association Board of Certification, Inc., or its successor

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1		entity, at a special athletic tournament or event conducted
2		by a sanctioned amateur athletic organization, including,
3		but not limited to, the Prairie State Games and the Special
4		Olympics, for no more than 14 days. This shall not include
5		contests or events that are part of a scheduled series of
6		regular season events.
7		(11) Athletic trainer aides from performing patient
8		care activities under the on-site supervision of a licensed
9		athletic trainer. These patient care activities shall not
10		include interpretation of referrals or evaluation
11		procedures, planning or major modifications of patient
12		programs, administration of medication, or solo practice
13		or event coverage without immediate access to a licensed
14		athletic trainer.
15		(12) Persons or entities practicing the specified
16		occupations set forth in subsection (a) of, and pursuant to
17		a licensing exemption granted in subsection (b) or (d) of,
18		Section 2105-350 of the Department of Professional
19		Regulation Law of the Civil Administrative Code of
20		Illinois, but only for so long as the 2016 Olympic and
21		Paralympic Games Professional Licensure Exemption Law is
22		operable.
23		(Source: P.A. 96-7, eff. 4-3-09.)
24		(225 ILCS 5/5) (from Ch. 111, par. 7605)
25		(Section scheduled to be repealed on January 1, 2016)

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1		Sec. 5. Administration of Act; rules and forms Licensure -
2		Rules and Forms - Reports.
3		(a) The Department shall exercise the powers and duties
4		prescribed by the Civil Administrative Code of Illinois for the
5		administration of Licensure Acts and shall exercise such other
6		powers and duties necessary for effectuating the purposes of
7		this Act.
8		(b) The Secretary Director may promulgate rules consistent
9		with the provisions of this Act for the administration and
10		enforcement thereof, and for the payment of fees connected
11		therewith, and may prescribe forms which shall be issued in
12		connection therewith. The rules may shall include standards and
13		criteria for licensure, certification, and for professional
14		conduct and discipline. The Department may shall consult with
15		the Board in promulgating rules. Notice of proposed rulemaking
16		shall be transmitted to the Board, and the Department shall
17		review the Board's response and any recommendations made
18		therein. The Department shall notify the Board in writing with
19		proper explanation of deviations from the Board's
20		recommendations and responses.
21		(c) The Department may at any time seek the advice and the
22		expert knowledge of the Board on any matter relating to the
23		administration of this Act.
24		(d) (Blank). The Department shall issue a quarterly report
25		to the Board of the status of all complaints related to the
26		profession filed with the Department.

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1		(Source: P.A. 89-216, eff. 1-1-96.)
2		(225 ILCS 5/6) (from Ch. 111, par. 7606)
3		(Section scheduled to be repealed on January 1, 2016)
4		Sec. 6. Board Athletic Training Board - Appointment -
5		Membership - Term - Duties. The Secretary Director shall
6		appoint an Illinois Board of Athletic Trainers as follows: 7
7		persons who shall be appointed by and shall serve in an
8		advisory capacity to the Secretary Director. Two members must
9		be licensed physicians in good standing in this State; 4
10		members must be licensed athletic trainers in good standing,
11		and actively engaged in the practice or teaching of athletic
12		training in this State; and 1 member must be a public member
13		who is not licensed under this Act, or a similar Act of another
14		jurisdiction, and is not a provider of athletic health care
15		service.
16		Members shall serve 4 year terms and until their successors
17		are appointed and qualified. No member shall be reappointed to
18		the Board for more than 2 consecutive terms. Appointments to
19		fill vacancies shall be made in the same manner as original
20		appointments, for the unexpired portion of the vacated term.
21		The membership of the Board should reasonably reflect
22		representation from the geographic areas in this State.
23		The Secretary shall have the authority to remove or suspend
24		any member of the Board for cause at any time before the
25		expiration of his or her term. The Secretary shall be the sole

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1		arbiter of cause Director may terminate the appointment of any
2		member for cause which in the opinion of the Secretary Director
3		reasonably justifies such termination.
4		The Secretary may Director shall consider the
5		recommendation of the Board on questions involving standards of
6		professional conduct, discipline, and qualifications of
7		candidates and license holders under this Act.
8		Four members of the Board shall constitute a quorum. A
9		quorum is required for all Board decisions. Members of the
10		Board have no liability in any action based upon any
11		disciplinary proceeding or other activity performed in good
12		faith as a member of the Board. Members of the Board shall be
13		reimbursed for all legitimate, necessary, and authorized
14		expenses incurred in attending the meetings of the Board, from
15		funds appropriated for that purpose.
16		(Source: P.A. 94-246, eff. 1-1-06.)
17		(225 ILCS 5/7) (from Ch. 111, par. 7607)
18		(Section scheduled to be repealed on January 1, 2016)
19		Sec. 7. Applications for original licensure. Applications
20		for original licensure shall be made to the Department in
21		writing on forms prescribed by the Department and shall be
22		accompanied by the required fee, which shall not be returnable.
23		Any such application shall require such information as in the
24		judgment of the Department will enable the Department to pass
25		on the qualifications of the applicant for licensure.

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1		Applicants have 3 years from the date of application to
2		complete the application process. If the process has not been
3		completed within 3 years, the application shall be denied, the
4		fee forfeited, and the applicant must reapply and meet the
5		requirements in effect at the time of reapplication.
6		The applicant is entitled to licensure as an athletic
7		trainer if he or she possesses the qualifications set forth in
8		Section 9 hereof, and satisfactorily completes the examination
9		administered by the National Athletic Trainers Association
10		Board of Certification, Inc.
11		(Source: P.A. 89-216, eff. 1-1-96.)
12		(225 ILCS 5/7.5 new)
13		Sec. 7.5. Social Security Number on license application. In
14		addition to any other information required to be contained in
15		the application, every application for an original license
16		under this Act shall include the applicant's Social Security
17		Number, which shall be retained in the Department's records
18		pertaining to the license. As soon as practical, the Department
19		shall assign a customer's identification number to each
20		applicant for a license. Every application for a renewal or
21		restored license shall require the applicant's customer
22		identification number.
23		(225 ILCS 5/8) (from Ch. 111, par. 7608)
24		(Section scheduled to be repealed on January 1, 2016)

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1		Sec. 8. Examinations. If an applicant neglects, fails, or
2		refuses to take an examination or fails to pass an examination
3		for licensure under this Act within 3 years after filing his or
4		her application, the application shall be denied. The applicant
5		may thereafter make a new application accompanied by the
6		required fee; however, the applicant shall meet all
7		requirements in effect at the time of subsequent application
8		before obtaining licensure. However, such applicant may
9		thereafter file a new application accompanied by the required
10		fee.
11		The Department may employ engage the National Athletic
12		Trainers Association Board of Certification, Inc. as
13		consultants for the purposes of preparing and conducting
14		examinations.
15		(Source: P.A. 89-216, eff. 1-1-96.)
16		(225 ILCS 5/9) (from Ch. 111, par. 7609)
17		(Section scheduled to be repealed on January 1, 2016)
18		Sec. 9. Qualifications for licensure Educational and
19		Professional Requirements. A person having the qualifications
20		prescribed in this Section shall be qualified for licensure to
21		receive a license as an athletic trainer if he or she fulfills
22		all of the following:
23		(a) Has graduated from a curriculum in athletic
24		training accredited by the Commission on Accreditation of
25		Athletic Training Education (CAATE) Joint Review Committee

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1		on Athletic Training (JRC-AT) of the Commission on
2		Accreditation of Allied Health Education Programs
3		(CAAHEP), its successor entity, or its equivalent, as
4		approved by the Department.
5		(b) Gives proof of current certification, on the date
6		of application, in cardiopulmonary resuscitation (CPR) and
7		automated external defibrillators (AED) CPR/AED for the
8		Healthcare Providers and Professional Rescuers or its
9		equivalent based on American Red Cross or American Heart
10		Association standards.
11		(b-5) Has graduated and graduation from a 4 year
12		accredited college or university.
13		(c) Has passed an examination approved by the
14		Department to determine his or her fitness for practice as
15		an athletic trainer, or is entitled to be licensed without
16		examination as provided in Sections 7 and 8 of this Act.
17		The Department may request a personal interview of an
18		applicant before the Board to further evaluate his or her
19		qualifications for a license.
20		An applicant has 3 years from the date of his or her
21		application to complete the application process. If the process
22		has not been completed in 3 years, the application shall be
23		denied, the fee forfeited, and the applicant must reapply and
24		meet the requirements in effect at the time of reapplication.
25		(Source: P.A. 94-246, eff. 1-1-06.)

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1		(225 ILCS 5/10) (from Ch. 111, par. 7610)
2		(Section scheduled to be repealed on January 1, 2016)
3		Sec. 10. Expiration and License expiration; renewal;
4		continuing education requirement. The expiration date and
5		renewal period for of licenses issued under this Act shall be
6		set by rule. As a condition for renewal of a license, licensees
7		shall be required to complete continuing education in athletic
8		training in accordance with rules established by the
9		Department. Licenses shall be renewed according to procedures
10		established by the Department and upon payment of the renewal
11		fee established herein and proof of completion of approved
12		continuing education relating to the performance and practice
13		of athletic training. The number of hours required and their
14		composition shall be set by rule.
15		(Source: P.A. 94-246, eff. 1-1-06.)
16		(225 ILCS 5/11) (from Ch. 111, par. 7611)
17		(Section scheduled to be repealed on January 1, 2016)
18		Sec. 11. Inactive licenses; restoration. Any athletic
19		trainer who notifies the Department in writing on forms
20		prescribed by the Department, may elect to place his or her
21		license on an inactive status and shall, subject to rules of
22		the Department, be excused from payment of renewal fees until
23		he or she notifies the Department in writing of his or her
24		desire to resume active status.
25		Any athletic trainer requesting restoration from inactive

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1		status shall be required to pay the current renewal fee, shall
2		demonstrate compliance with continuing education requirements,
3		if any, and shall be required to restore his or her license as
4		provided in Section 12.
5		Any athletic trainer whose license is in expired or
6		inactive status shall not practice athletic training in the
7		State of Illinois.
8		(Source: P.A. 89-216, eff. 1-1-96.)
9		(225 ILCS 5/12) (from Ch. 111, par. 7612)
10		(Section scheduled to be repealed on January 1, 2016)
11		Sec. 12. Restoration of expired licenses. An athletic
12		trainer who has permitted his or her license registration to
13		expire or who has had his or her license on inactive status may
14		have his or her license restored by making application to the
15		Department and filing proof acceptable to the Department of his
16		or her fitness to have his or her license restored, including
17		sworn evidence certifying to active practice in another
18		jurisdiction satisfactory to the Department and by paying the
19		required fees restoration fee. Proof of fitness may include
20		sworn evidence certifying active lawful practice in another
21		jurisdiction.
22		If the athletic trainer has not maintained an active
23		practice in another jurisdiction satisfactory to the
24		Department, the Department shall determine, by an evaluation
25		program established by rule, with the advice of the Board his

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1		or her fitness for restoration of the license and shall
2		establish procedures and requirements for restoration to
3		resume active status and may require the athletic trainer to
4		complete a period of evaluated clinical experience and may
5		require successful completion of an examination.
6		Any athletic trainer whose license has been expired for
7		more than 5 years may have his or her license restored by
8		making application to the Department and filing proof
9		acceptable to the Department of his or her fitness to have his
10		or her license restored, including sworn evidence certifying to
11		active practice in another jurisdiction and by paying the
12		required restoration fee. However, any athletic trainer whose
13		license has expired while he or she has been engaged (1) in the
14		federal service in active duty with the Army of the United
15		States, the United States Navy, the Marine Corps, the Air
16		Force, the Coast Guard, or the State Militia called into the
17		service or training of the United States of America, or (2) in
18		training or education under the supervision of the United
19		States preliminary to induction into the military service, may
20		have his or her license restored without paying any lapsed
21		renewal fees or restoration fee, if within 2 years after
22		termination of such service, training, or education, other than
23		by dishonorable discharge, he or she furnished the Department
24		with an affidavit to the effect that he or she has been so
25		engaged and that his or her service, training, or education has
26		been so terminated.

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1		(Source: P.A. 89-216, eff. 1-1-96.)
2		(225 ILCS 5/13) (from Ch. 111, par. 7613)
3		(Section scheduled to be repealed on January 1, 2016)
4		Sec. 13. Endorsement. The Department may, at its
5		discretion, license as an athletic trainer, without
6		examination, on payment of the required fee, an applicant for
7		licensure who is an athletic trainer registered or licensed
8		under the laws of another jurisdiction state if the
9		requirements pertaining to athletic trainers in such
10		jurisdiction state were at the date of his or her registration
11		or licensure substantially equal to the requirements in force
12		in Illinois on that date or equivalent to the requirements of
13		this Act. If the requirements of that state are not
14		substantially equal to the Illinois requirements, or if at the
15		time of application the state in which the applicant has been
16		practicing does not regulate the practice of athletic training,
17		and the applicant began practice in that state prior to January
18		1, 2004, a person having the qualifications prescribed in this
19		Section may be qualified to receive a license as an athletic
20		trainer if he or she:
21		(1) has passed an examination approved by the
22		Department to determine his or her fitness for practice as
23		an athletic trainer; and
24		(2) gives proof of current certification, on the date
25		of application, in CPR/AED for the Healthcare Professional

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1		or equivalent based on American Red Cross or American Heart
2		Association standards.
3		The Department may request a personal interview of an
4		applicant before the Board to further evaluate his or her
5		qualifications for a license.
6		Applicants have 3 years from the date of application to
7		complete the application process. If the process has not been
8		completed in 3 years, the application shall be denied, the fee
9		forfeited and the applicant must reapply and meet the
10		requirements in effect at the time of reapplication.
11		(Source: P.A. 94-246, eff. 1-1-06.)
12		(225 ILCS 5/14) (from Ch. 111, par. 7614)
13		(Section scheduled to be repealed on January 1, 2016)
14		Sec. 14. Fees; returned checks. The fees for administration
15		and enforcement of this Act, including but not limited to
16		original licensure, renewal, and restoration shall be set by
17		rule. The fees shall be non-refundable.
18		Any person who delivers a check or other payment to the
19		Department that is returned to the Department unpaid by the
20		financial institution upon which it is drawn shall pay to the
21		Department, in addition to the amount already owed to the
22		Department, a fine of $50.
23		The fines imposed by this Section are in addition to any
24		other discipline provided under this Act for unlicensed
25		practice or practice on a nonrenewed license. The Department

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1		shall notify the person that payment of fees and fines shall be
2		paid to the Department by certified check or money order within
3		30 calendar days of the notification. If, after the expiration
4		of 30 days from the date of the notification, the person has
5		failed to submit the necessary remittance, the Department shall
6		automatically terminate the license or certificate or deny the
7		application, without hearing. If, after termination or denial,
8		the person seeks a license or certificate, he or she shall
9		apply to the Department for restoration or issuance of the
10		license or certificate and pay all fees and fines due to the
11		Department. The Department may establish a fee for the
12		processing of an application for restoration of a license or
13		certificate to pay all expenses of processing this application.
14		The Secretary Director may waive the fines due under this
15		Section in individual cases where the Secretary Director finds
16		that the fines would be unreasonable or unnecessarily
17		burdensome.
18		(Source: P.A. 92-146, eff. 1-1-02.)
19		(225 ILCS 5/16) (from Ch. 111, par. 7616)
20		(Section scheduled to be repealed on January 1, 2016)
21		Sec. 16. Grounds for discipline Refusal to issue,
22		suspension, or revocation of license.
23		(1) The Department may refuse to issue or renew, or may
24		revoke, suspend, place on probation, reprimand, or take other
25		disciplinary action as the Department may deem proper,

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1		including fines not to exceed $10,000 $5,000 for each
2		violation, with regard to any licensee for any one or
3		combination of the following:
4		(A) Material misstatement in furnishing information to
5		the Department;
6		(B) Violations Negligent or intentional disregard of
7		this Act, or of the rules or regulations promulgated
8		hereunder;
9		(C) Conviction of or plea of guilty to any crime under
10		the Criminal Code of 2012 or the laws of any jurisdiction
11		of the United States or any state or territory thereof that
12		is (i) a felony, (ii) a misdemeanor, an essential element
13		of which is dishonesty, or (iii) of any crime that is
14		directly related to the practice of the profession;
15		(D) Fraud or Making any misrepresentation in applying
16		for or procuring a license under this Act, or in connection
17		with applying for renewal of a license under this Act for
18		the purpose of obtaining registration, or violating any
19		provision of this Act;
20		(E) Professional incompetence or gross negligence;
21		(F) Malpractice;
22		(G) Aiding or assisting another person, firm,
23		partnership, or corporation in violating any provision of
24		this Act or rules;
25		(H) Failing, within 60 days, to provide information in
26		response to a written request made by the Department;

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1		(I) Engaging in dishonorable, unethical, or
2		unprofessional conduct of a character likely to deceive,
3		defraud or harm the public;
4		(J) Habitual or excessive use or abuse intoxication or
5		addiction to the use of drugs defined in law as controlled
6		substances, alcohol, or any other substance that results in
7		the inability to practice with reasonable judgment, skill,
8		or safety;
9		(K) Discipline by another state, unit of government,
10		government agency, the District of Columbia, territory, or
11		foreign nation, if at least one of the grounds for the
12		discipline is the same or substantially equivalent to those
13		set forth herein;
14		(L) Directly or indirectly giving to or receiving from
15		any person, firm, corporation, partnership, or association
16		any fee, commission, rebate, or other form of compensation
17		for any professional services not actually or personally
18		rendered. Nothing in this subparagraph (L) affects any bona
19		fide independent contractor or employment arrangements
20		among health care professionals, health facilities, health
21		care providers, or other entities, except as otherwise
22		prohibited by law. Any employment arrangements may include
23		provisions for compensation, health insurance, pension, or
24		other employment benefits for the provision of services
25		within the scope of the licensee's practice under this Act.
26		Nothing in this subparagraph (L) shall be construed to

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1		require an employment arrangement to receive professional
2		fees for services rendered;
3		(M) A finding by the Department that the licensee after
4		having his or her license disciplined placed on
5		probationary status has violated the terms of probation;
6		(N) Abandonment of an athlete;
7		(O) Willfully making or filing false records or reports
8		in his or her practice, including but not limited to false
9		records filed with State agencies or departments;
10		(P) Willfully failing to report an instance of
11		suspected child abuse or neglect as required by the Abused
12		and Neglected Child Reporting Act;
13		(Q) Physical illness, including but not limited to
14		deterioration through the aging process, or loss of motor
15		skill that results in the inability to practice the
16		profession with reasonable judgment, skill, or safety;
17		(R) Solicitation of professional services other than
18		by permitted institutional policy;
19		(S) The use of any words, abbreviations, figures or
20		letters with the intention of indicating practice as an
21		athletic trainer without a valid license as an athletic
22		trainer under this Act;
23		(T) The evaluation or treatment of ailments of human
24		beings other than by the practice of athletic training as
25		defined in this Act or the treatment of injuries of
26		athletes by a licensed athletic trainer except by the

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1		referral of a physician, podiatric physician, or dentist;
2		(U) Willfully violating or knowingly assisting in the
3		violation of any law of this State relating to the use of
4		habit-forming drugs;
5		(V) Willfully violating or knowingly assisting in the
6		violation of any law of this State relating to the practice
7		of abortion;
8		(W) Continued practice by a person knowingly having an
9		infectious communicable or contagious disease;
10		(X) Being named as a perpetrator in an indicated report
11		by the Department of Children and Family Services pursuant
12		to the Abused and Neglected Child Reporting Act and upon
13		proof by clear and convincing evidence that the licensee
14		has caused a child to be an abused child or neglected child
15		as defined in the Abused and Neglected Child Reporting Act;
16		(Y) (Blank) Failure to file a return, or to pay the
17		tax, penalty, or interest shown in a filed return, or to
18		pay any final assessment of tax, penalty, or interest, as
19		required by any tax Act administered by the Illinois
20		Department of Revenue, until such time as the requirements
21		of any such tax Act are satisfied; or
22		(Z) Failure to fulfill continuing education
23		requirements; as prescribed in Section 10 of this Act.
24		(AA) Allowing one's license under this Act to be used
25		by an unlicensed person in violation of this Act;
26		(BB) Practicing under a false or, except as provided by

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1		law, assumed name;
2		(CC) Promotion of the sale of drugs, devices,
3		appliances, or goods provided in any manner to exploit the
4		client for the financial gain of the licensee;
5		(DD) Gross, willful, or continued overcharging for
6		professional services;
7		(EE) Mental illness or disability that results in the
8		inability to practice under this Act with reasonable
9		judgment, skill, or safety; or
10		(FF) Cheating on or attempting to subvert the licensing
11		examination administered under this Act.
12		All fines imposed under this Section shall be paid within
13		60 days after the effective date of the order imposing the fine
14		or in accordance with the terms set forth in the order imposing
15		the fine.
16		(2) The determination by a circuit court that a licensee is
17		subject to involuntary admission or judicial admission as
18		provided in the Mental Health and Developmental Disabilities
19		Code operates as an automatic suspension. Such suspension will
20		end only upon a finding by a court that the licensee athletic
21		trainer is no longer subject to involuntary admission or
22		judicial admission and issuance of issues an order so finding
23		and discharging the licensee athlete; and upon the
24		recommendation of the Board to the Director that the licensee
25		be allowed to resume his or her practice.
26		(3) The Department may refuse to issue or may suspend

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1		without hearing, as provided for in the Code of Civil
2		Procedure, the license of any person who fails to file a
3		return, to pay the tax, penalty, or interest shown in a filed
4		return, or to pay any final assessment of tax, penalty, or
5		interest as required by any tax Act administered by the
6		Illinois Department of Revenue, until such time as the
7		requirements of any such tax Act are satisfied in accordance
8		with subsection (a) of Section 2105-15 of the Department of
9		Professional Regulation Law of the Civil Administrative Code of
10		Illinois.
11		(4) In enforcing this Section, the Department, upon a
12		showing of a possible violation, may compel any individual who
13		is licensed under this Act or any individual who has applied
14		for licensure to submit to a mental or physical examination or
15		evaluation, or both, which may include a substance abuse or
16		sexual offender evaluation, at the expense of the Department.
17		The Department shall specifically designate the examining
18		physician licensed to practice medicine in all of its branches
19		or, if applicable, the multidisciplinary team involved in
20		providing the mental or physical examination and evaluation.
21		The multidisciplinary team shall be led by a physician licensed
22		to practice medicine in all of its branches and may consist of
23		one or more or a combination of physicians licensed to practice
24		medicine in all of its branches, licensed chiropractic
25		physicians, licensed clinical psychologists, licensed clinical
26		social workers, licensed clinical professional counselors, and

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1		other professional and administrative staff. Any examining
2		physician or member of the multidisciplinary team may require
3		any person ordered to submit to an examination and evaluation
4		pursuant to this Section to submit to any additional
5		supplemental testing deemed necessary to complete any
6		examination or evaluation process, including, but not limited
7		to, blood testing, urinalysis, psychological testing, or
8		neuropsychological testing.
9		The Department may order the examining physician or any
10		member of the multidisciplinary team to provide to the
11		Department any and all records, including business records,
12		that relate to the examination and evaluation, including any
13		supplemental testing performed. The Department may order the
14		examining physician or any member of the multidisciplinary team
15		to present testimony concerning this examination and
16		evaluation of the licensee or applicant, including testimony
17		concerning any supplemental testing or documents relating to
18		the examination and evaluation. No information, report,
19		record, or other documents in any way related to the
20		examination and evaluation shall be excluded by reason of any
21		common law or statutory privilege relating to communication
22		between the licensee or applicant and the examining physician
23		or any member of the multidisciplinary team. No authorization
24		is necessary from the licensee or applicant ordered to undergo
25		an evaluation and examination for the examining physician or
26		any member of the multidisciplinary team to provide

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1		information, reports, records, or other documents or to provide
2		any testimony regarding the examination and evaluation. The
3		individual to be examined may have, at his or her own expense,
4		another physician of his or her choice present during all
5		aspects of the examination.
6		Failure of any individual to submit to a mental or physical
7		examination or evaluation, or both, when directed, shall result
8		in an automatic suspension without hearing, until such time as
9		the individual submits to the examination. If the Department
10		finds a licensee unable to practice because of the reasons set
11		forth in this Section, the Department shall require the
12		licensee to submit to care, counseling, or treatment by
13		physicians approved or designated by the Department as a
14		condition for continued, reinstated, or renewed licensure.
15		When the Secretary immediately suspends a license under
16		this Section, a hearing upon such person's license must be
17		convened by the Department within 15 days after the suspension
18		and completed without appreciable delay. The Department shall
19		have the authority to review the licensee's record of treatment
20		and counseling regarding the impairment to the extent permitted
21		by applicable federal statutes and regulations safeguarding
22		the confidentiality of medical records.
23		Individuals licensed under this Act who are affected under
24		this Section shall be afforded an opportunity to demonstrate to
25		the Department that they can resume practice in compliance with
26		acceptable and prevailing standards under the provisions of

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1		their license.
2		(5) The Department shall deny a license or renewal
3		authorized by this Act to a person who has defaulted on an
4		educational loan or scholarship provided or guaranteed by the
5		Illinois Student Assistance Commission or any governmental
6		agency of this State in accordance with paragraph (5) of
7		subsection (a) of Section 2105-15 of the Department of
8		Professional Regulation Law of the Civil Administrative Code of
9		Illinois.
10		(6) In cases where the Department of Healthcare and Family
11		Services has previously determined a licensee or a potential
12		licensee is more than 30 days delinquent in the payment of
13		child support and has subsequently certified the delinquency to
14		the Department, the Department may refuse to issue or renew or
15		may revoke or suspend that person's license or may take other
16		disciplinary action against that person based solely upon the
17		certification of delinquency made by the Department of
18		Healthcare and Family Services in accordance with paragraph (5)
19		of subsection (a) of Section 2105-15 of the Department of
20		Professional Regulation Law of the Civil Administrative Code of
21		Illinois.
22		(Source: P.A. 98-214, eff. 8-9-13.)
23		(225 ILCS 5/17) (from Ch. 111, par. 7617)
24		(Section scheduled to be repealed on January 1, 2016)
25		Sec. 17. Violations; injunction; cease and desist order

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1		Violations - Injunction - Cease and desist order.
2		(a) If any person violates a the provision of this Act, the
3		Secretary Director may, in the name of the People of the State
4		of Illinois, through the Attorney General of the State of
5		Illinois or the State's Attorney of the county in which the
6		violation is alleged to have occurred, petition for an order
7		enjoining such violation or for an order enforcing compliance
8		with this Act. Upon the filing of a verified petition in such
9		court, the court may issue a temporary restraining order,
10		without notice or bond, and may preliminarily and permanently
11		enjoin such violation, and if it is established that such
12		person has violated or is violating the injunction, the court
13		may punish the offender for contempt of court. Proceedings
14		under this Section shall be in addition to, and not in lieu of,
15		all other remedies and penalties provided by this Act.
16		(b) If any person shall hold himself or herself out in a
17		manner prohibited by this Act, any interested party or any
18		person injured thereby may, in addition to the Secretary
19		Director, petition for relief as provided in subsection (a) of
20		this Section.
21		(c) Whenever in the opinion of the Department any person
22		violates any provision of this Act, the Department may issue a
23		rule to show cause why an order to cease and desist should not
24		be entered against him or her. The rule shall clearly set forth
25		the grounds relied upon by the Department and shall provide a
26		period of 7 days from the date of the rule to file an answer to

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1		the satisfaction of the Department. Failure to answer to the
2		satisfaction of the Department shall cause an order to cease
3		and desist to be issued forthwith.
4		(Source: P.A. 84-1080.)
5		(225 ILCS 5/17.5)
6		(Section scheduled to be repealed on January 1, 2016)
7		Sec. 17.5. Unlicensed practice; violation; civil penalty.
8		(a) In addition to any other penalty provided by law, any
9		Any person who practices, offers to practice, attempts to
10		practice, or holds oneself out to practice as a licensed
11		athletic trainer without being licensed under this Act shall,
12		in addition to any other penalty provided by law, pay a civil
13		penalty to the Department in an amount not to exceed $10,000
14		$5,000 for each offense as determined by the Department. The
15		civil penalty shall be assessed by the Department after a
16		hearing is held in accordance with the provisions set forth in
17		this Act regarding the provision of a hearing for the
18		discipline of a licensee.
19		(b) The Department has the authority and power to
20		investigate any and all unlicensed activity.
21		(c) The civil penalty shall be paid within 60 days after
22		the effective date of the order imposing the civil penalty or
23		in accordance with the order imposing the civil penalty. The
24		order shall constitute a judgment and may be filed and
25		execution had thereon in the same manner as any judgment from

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1		any court of record.
2		(Source: P.A. 94-246, eff. 1-1-06.)
3		(225 ILCS 5/18) (from Ch. 111, par. 7618)
4		(Section scheduled to be repealed on January 1, 2016)
5		Sec. 18. Investigations; notice and hearing. The
6		Department may investigate the actions of any applicant or of
7		any person or persons holding or claiming to hold a license.
8		The Department shall, before refusing to issue or to renew a
9		license or disciplining a registrant, at least 30 days prior to
10		the date set for the hearing, notify in writing the applicant
11		or licensee for, or holder of, a license of the nature of the
12		charges and the time and place that a hearing will be held on
13		the charges date designated. The Department shall direct the
14		applicant or licensee to file a written answer to the Board
15		under oath within 20 days after the service of the notice and
16		inform the applicant or licensee that failure to file an answer
17		will result in default being taken against the applicant or
18		licensee and that the license or certificate may be suspended,
19		revoked, placed on probationary status, or other disciplinary
20		action may be taken, including limiting the scope, nature, or
21		extent of practice, as the Director may deem proper. Written
22		notice may be served by personal delivery or certified or
23		registered mail to the respondent at the address of his or her
24		last notification to the Department. In case the person fails
25		to file an answer after receiving notice, his or her license or

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1		certificate may, in the discretion of the Department, be
2		suspended, revoked, or placed on probationary status, or the
3		Department may take whatever disciplinary action deemed
4		proper, including limiting the scope, nature, or extent of the
5		person's practice or the imposition of a fine, without a
6		hearing, if the act or acts charged constitute sufficient
7		grounds for such action under this Act. At the time and place
8		fixed in the notice, the Department Board shall proceed to hear
9		the charges, and the parties or their counsel shall be accorded
10		ample opportunity to present such statements, testimony,
11		evidence, and argument as may be pertinent to the charges or to
12		their defense. The Department Board may continue a hearing from
13		time to time. The written notice and any notice in the
14		subsequent proceeding may be served by registered or certified
15		mail to the licensee's address of record.
16		(Source: P.A. 89-216, eff. 1-1-96.)
17		(225 ILCS 5/18.5 new)
18		Sec. 18.5. Confidentiality. All information collected by
19		the Department in the course of an examination or investigation
20		of a licensee or applicant, including, but not limited to, any
21		complaint against a licensee filed with the Department and
22		information collected to investigate any such complaint, shall
23		be maintained for the confidential use of the Department and
24		shall not be disclosed. The Department may not disclose the
25		information to anyone other than law enforcement officials,

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1		other regulatory agencies that have an appropriate regulatory
2		interest as determined by the Secretary, or a party presenting
3		a lawful subpoena to the Department. Information and documents
4		disclosed to a federal, State, county, or local law enforcement
5		agency shall not be disclosed by the agency for any purpose to
6		any other agency or person. A formal complaint filed against a
7		licensee by the Department or any order issued by the
8		Department against a licensee or applicant shall be a public
9		record, except as otherwise prohibited by law.
10		(225 ILCS 5/19) (from Ch. 111, par. 7619)
11		(Section scheduled to be repealed on January 1, 2016)
12		Sec. 19. Record of proceedings Stenographer - Transcript.
13		The Department, at its expense, shall preserve a record of all
14		proceedings at the formal hearing of any case involving the
15		refusal to issue or renew a license or the discipline of a
16		licensee. The notice of hearing, complaint and all other
17		documents in the nature of pleadings and written motions filed
18		in the proceedings, the transcript of testimony, the report of
19		the Board and order of the Department shall be the record of
20		such proceeding. Any licensee who is found to have violated
21		this Act or who fails to appear for a hearing to refuse to
22		issue, restore, or renew a license or to discipline a licensee
23		may be required by the Department to pay for the costs of the
24		proceeding. These costs are limited to costs for court
25		reporters, transcripts, and witness attendance and mileage

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1		fees. All costs imposed under this Section shall be paid within
2		60 days after the effective date of the order imposing the fine
3		or in accordance with the terms set forth in the order imposing
4		the fine.
5		(Source: P.A. 89-216, eff. 1-1-96.)
6		(225 ILCS 5/19.5 new)
7		Sec. 19.5. Subpoenas; oaths. The Department may subpoena
8		and bring before it any person and may take the oral or written
9		testimony of any person or compel the production of any books,
10		papers, records, or any other documents that the Secretary or
11		his or her designee deems relevant or material to an
12		investigation or hearing conducted by the Department with the
13		same fees and mileage and in the same manner as prescribed by
14		law in judicial procedure in civil cases in courts of this
15		State.
16		The Secretary, the designated hearing officer, any member
17		of the Board, or a certified shorthand court reporter may
18		administer oaths at any hearing which the Department conducts.
19		Notwithstanding any other statute or Department rule to the
20		contrary, all requests for testimony or production of documents
21		or records shall be in accordance with this Act.
22		(225 ILCS 5/20) (from Ch. 111, par. 7620)
23		(Section scheduled to be repealed on January 1, 2016)
24		Sec. 20. Attendance of witnesses; contempt Compelling

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1		testimony. Any circuit court may, upon application of the
2		Department or its designee or of the applicant or licensee
3		against whom proceedings pursuant to Section 20 of this Act are
4		pending, enter an order requiring the attendance of witnesses
5		and their testimony, and the production of documents, papers,
6		files, books, and records in connection with any hearing or
7		investigation. The court may compel obedience to its order by
8		proceedings for contempt.
9		(Source: P.A. 89-216, eff. 1-1-96.)
10		(225 ILCS 5/21) (from Ch. 111, par. 7621)
11		(Section scheduled to be repealed on January 1, 2016)
12		Sec. 21. Findings of Board and recommendations. At the
13		conclusion of the hearing the Board shall present to the
14		Secretary Director a written report of its findings of fact,
15		conclusions of law, and recommendations. The report shall
16		contain a finding of whether or not the accused person violated
17		this Act or failed to comply with the conditions required in
18		this Act. The Board shall specify the nature of the violation
19		or failure to comply, and shall make its recommendations to the
20		Secretary Director.
21		The report of findings of fact, conclusions of law, and
22		recommendations of the Board shall be the basis for the
23		Department's order refusing to issue, restore, or renew a
24		license, or otherwise disciplining a licensee. If of refusal or
25		for the granting of licensure unless the Secretary disagrees

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1		with the report of Director shall determine that the Board,
2		report is contrary to the manifest weight of the evidence, in
3		which case the Secretary Director may issue an order in
4		contravention of the Board report. The finding is not
5		admissible in evidence against the person in a criminal
6		prosecution brought for the violation of this Act, but the
7		hearing and finding are not a bar to a criminal prosecution
8		brought for the violation of this Act.
9		(Source: P.A. 89-216, eff. 1-1-96.)
10		(225 ILCS 5/22) (from Ch. 111, par. 7622)
11		(Section scheduled to be repealed on January 1, 2016)
12		Sec. 22. Report of Board; motion for rehearing Rehearing.
13		In any case involving the refusal to issue or renew a license
14		or the discipline of a licensee, a copy of the Board's report
15		shall be served upon the respondent by the Department, either
16		personally or as provided in this Act for the service of the
17		notice of hearing. Within 20 days after such service, the
18		respondent may present to the Department a motion in writing
19		for a rehearing, which motion shall specify the particular
20		grounds therefor. If no motion for rehearing is filed, then
21		upon the expiration of the time specified for filing such a
22		motion, or if a motion for rehearing is denied, then upon such
23		denial the Secretary Director may enter an order in accordance
24		with recommendations of the Board except as provided in Section
25		23 of this Act. If the respondent shall order from the

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1		reporting service, and pay for a transcript of the record
2		within the time for filing a motion for rehearing, the 20 day
3		period within which such a motion may be filed shall commence
4		upon the delivery of the transcript to the respondent.
5		(Source: P.A. 89-216, eff. 1-1-96.)
6		(225 ILCS 5/23) (from Ch. 111, par. 7623)
7		(Section scheduled to be repealed on January 1, 2016)
8		Sec. 23. Rehearing Director - Rehearing. Whenever the
9		Secretary Director is satisfied that substantial justice has
10		not been done in the revocation or suspension of a license or
11		refusal to issue or renew a license, the Secretary Director may
12		order a rehearing by the same or other examiners.
13		(Source: P.A. 89-216, eff. 1-1-96.)
14		(225 ILCS 5/24) (from Ch. 111, par. 7624)
15		(Section scheduled to be repealed on January 1, 2016)
16		Sec. 24. Hearing officer appointment. The Secretary
17		Director shall have the authority to appoint any attorney duly
18		licensed to practice law in the State of Illinois to serve as
19		the hearing officer in any action for refusal to issue or ,
20		renew a license, or for the taking of disciplinary action
21		against a license discipline of a licensee. The hearing officer
22		shall have full authority to conduct the hearing. The hearing
23		officer shall report his or her findings of fact, conclusions
24		of law, and recommendations to the Board and the Secretary

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1		Director. The Board shall have 90 60 days from receipt of the
2		report to review the report of the hearing officer and present
3		its their findings of fact, conclusions of law and
4		recommendation to the Secretary Director. If the Board fails to
5		present its report within the 90 60 day period, the Secretary
6		may Director shall issue an order based on the report of the
7		hearing officer. If the Secretary Director determines that the
8		Board's report is contrary to the manifest weight of the
9		evidence, he or she may issue an order in contravention of the
10		Board's report.
11		(Source: P.A. 89-216, eff. 1-1-96.)
12		(225 ILCS 5/25) (from Ch. 111, par. 7625)
13		(Section scheduled to be repealed on January 1, 2016)
14		Sec. 25. Order or certified copy; prima thereof - Prima
15		facie proof. An order or a certified copy thereof, over the
16		seal of the Department and purporting to be signed by the
17		Secretary Director, shall be prima facie proof:
18		(a) That such signature is the genuine signature of the
19		Secretary Director;
20		(b) That such Secretary Director is duly appointed and
21		qualified;
22		(c) (Blank) That the Board and the members thereof are
23		qualified to act.
24		(Source: P.A. 84-1080.)

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1		(225 ILCS 5/26) (from Ch. 111, par. 7626)
2		(Section scheduled to be repealed on January 1, 2016)
3		Sec. 26. Restoration of suspended or revoked license from
4		discipline. At any time after the successful completion of a
5		term of indefinite probation, suspension or revocation of any
6		license, the Department may restore the license to the
7		licensee, unless, after an investigation and a hearing, the
8		Secretary determines that restoration is not in the public
9		interest or that the licensee has not been sufficiently
10		rehabilitated to warrant the public trust. No person or entity
11		whose license, certificate, or authority has been revoked as
12		authorized in this Act may apply for restoration of that
13		license, certificate, or authority until such time as provided
14		for in the Civil Administrative Code of Illinois it to the
15		accused person upon the written recommendation of the Board
16		unless, after an investigation and a hearing, the Board
17		determines that restoration is not in the public interest.
18		(Source: P.A. 89-216, eff. 1-1-96.)
19		(225 ILCS 5/27) (from Ch. 111, par. 7627)
20		(Section scheduled to be repealed on January 1, 2016)
21		Sec. 27. Surrender of license. Upon the revocation or
22		suspension of any license, the licensee shall forthwith
23		surrender the license or licenses to the Department, and if he
24		or she fails to do so, the Department shall have the right to
25		seize the license.

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1		(Source: P.A. 89-216, eff. 1-1-96.)
2		(225 ILCS 5/28) (from Ch. 111, par. 7628)
3		(Section scheduled to be repealed on January 1, 2016)
4		Sec. 28. Summary Temporary suspension of a license. The
5		Secretary Director may summarily temporarily suspend the
6		license of an athletic trainer without a hearing,
7		simultaneously with the institution of proceedings for a
8		hearing provided for in Section 20 of this Act, if the
9		Secretary Director finds that evidence in his or her possession
10		indicates that an athletic trainer's continuation in practice
11		would constitute an imminent danger to the public. In the event
12		that the Secretary Director suspends, summarily temporarily,
13		the license of an athletic trainer without a hearing, a hearing
14		shall be commenced by the Board must be held within 30 days
15		after such suspension has occurred and shall be concluded as
16		expeditiously as possible.
17		(Source: P.A. 89-216, eff. 1-1-96.)
18		(225 ILCS 5/29) (from Ch. 111, par. 7629)
19		(Section scheduled to be repealed on January 1, 2016)
20		Sec. 29. Administrative review; venue review - Venue. All
21		final administrative decisions of the Department are subject to
22		judicial review pursuant to the provisions of the
23		"Administrative Review Law", as now or hereafter amended and
24		all rules adopted pursuant thereto. The term "administrative

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1		decision" is defined as in Section 3-101 of the Code of Civil
2		Procedure.
3		Proceedings for judicial review shall be commenced in the
4		circuit court of the county in which the party applying for
5		review relief resides; but if the party is not a resident of
6		this State, the venue shall be in Sangamon County.
7		(Source: P.A. 84-1080.)
8		(225 ILCS 5/30) (from Ch. 111, par. 7630)
9		(Section scheduled to be repealed on January 1, 2016)
10		Sec. 30. Certifications of record; costs. The Department
11		shall not be required to certify any record to the Court or
12		file any answer in court or otherwise appear in any court in a
13		judicial review proceeding, unless and until the Department has
14		received from the plaintiff payment of the costs of furnishing
15		and certifying the record, which costs shall be determined by
16		the Department. Exhibits shall be certified without cost there
17		is filed in the court, with the complaint, a receipt from the
18		Department acknowledging payment of the costs of furnishing and
19		certifying the record. Failure on the part of the plaintiff to
20		file a receipt in court Court shall be grounds for dismissal of
21		the action.
22		(Source: P.A. 87-1031.)
23		(225 ILCS 5/31) (from Ch. 111, par. 7631)
24		(Section scheduled to be repealed on January 1, 2016)

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1		Sec. 31. Criminal penalties Violations. Any person who is
2		found to have violated any provision of this Act is guilty of a
3		Class A misdemeanor for a first offense. On conviction of a
4		second or subsequent offense, the violator shall be guilty of a
5		Class 4 felony.
6		(Source: P.A. 84-1080.)
7		Section 15. The Illinois Roofing Industry Licensing Act is
8		amended by changing Sections 2, 2.1, 3, 3.5, 4.5, 5, 5.1, 5.5,
9		6, 7, 9, 9.1, 9.2, 9.3, 9.4, 9.5, 9.6, 9.7, 9.8, 9.9a, 9.10,
10		9.14, 9.15, 10, 10a, 11 and 11.5, and by adding Sections 11.6,
11		11.7, 11.8, 11.9, and 11.10 as follows:
12		(225 ILCS 335/2) (from Ch. 111, par. 7502)
13		(Section scheduled to be repealed on January 1, 2016)
14		Sec. 2. Definitions. As used in this Act, unless the
15		context otherwise requires:
16		(a) "Licensure" means the act of obtaining or holding a
17		license issued by the Department as provided in this Act.
18		(b) "Department" means the Department of Financial and
19		Professional Regulation.
20		(c) "Secretary Director" means the Secretary Director of
21		Financial and Professional Regulation.
22		(d) "Person" means any individual, partnership,
23		corporation, business trust, limited liability company, or
24		other legal entity.

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1		(e) "Roofing contractor" is one who has the experience,
2		knowledge and skill to construct, reconstruct, alter, maintain
3		and repair roofs and use materials and items used in the
4		construction, reconstruction, alteration, maintenance and
5		repair of all kinds of roofing and waterproofing as related to
6		roofing, all in such manner to comply with all plans,
7		specifications, codes, laws, and regulations applicable
8		thereto, but does not include such contractor's employees to
9		the extent the requirements of Section 3 of this Act apply and
10		extend to such employees.
11		(f) "Board" means the Roofing Advisory Board.
12		(g) "Qualifying party" means the individual filing as a
13		sole proprietor, partner of a partnership, officer of a
14		corporation, trustee of a business trust, or party of another
15		legal entity, who is legally qualified to act for the business
16		organization in all matters connected with its roofing
17		contracting business, has the authority to supervise roofing
18		installation operations, and is actively engaged in day to day
19		activities of the business organization.
20		"Qualifying party" does not apply to a seller of roofing
21		materials or services when the construction, reconstruction,
22		alteration, maintenance, or repair of roofing or waterproofing
23		is to be performed by a person other than the seller or the
24		seller's employees.
25		(h) "Limited roofing license" means a license made
26		available to contractors whose roofing business is limited to

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1		roofing residential properties consisting of 8 units or less.
2		(i) "Unlimited roofing license" means a license made
3		available to contractors whose roofing business is unlimited in
4		nature and includes roofing on residential, commercial, and
5		industrial properties.
6		(j) "Seller of services or materials" means a business
7		entity primarily engaged in the sale of tangible personal
8		property at retail.
9		(k) "Building permit" means a permit issued by a unit of
10		local government for work performed within the local
11		government's jurisdiction that requires a license under this
12		Act.
13		(l) "Address of record" means the designated address
14		recorded by the Department in the applicant's or licensee's
15		application file or license file as maintained by the
16		Department's licensure maintenance unit. It is the duty of the
17		applicant or licensee to inform the Department of any change of
18		address, and those changes must be made either through the
19		Department's website or by contacting the Department.
20		(Source: P.A. 96-624, eff. 1-1-10; 97-965, eff. 8-15-12.)
21		(225 ILCS 335/2.1) (from Ch. 111, par. 7502.1)
22		(Section scheduled to be repealed on January 1, 2016)
23		Sec. 2.1. Administration of Act; rules and forms. The
24		Department may exercise the following powers and duties subject
25		to the provisions of this Act:

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1		(a) The Department shall exercise the powers and duties
2		prescribed by the Civil Administrative Code of Illinois for the
3		administration of licensing Acts and shall exercise such other
4		powers and duties necessary for effectuating the purposes of
5		this Act To prescribe forms of application for certificates of
6		registration.
7		(b) The Secretary may adopt rules consistent with the
8		provisions of this Act for the administration and enforcement
9		of this Act and for the payment of fees connected with this Act
10		and may prescribe forms that shall be issued in connection with
11		this Act. The rules may include, but not be limited to, the
12		standards and criteria for licensure and professional conduct
13		and discipline and the standards and criteria used when
14		determining fitness to practice. The Department may consult
15		with the Board in adopting rules To pass upon the
16		qualifications of applicants for certificates of registration
17		and issue certificates of registration to those found to be fit
18		and qualified.
19		(c) The Department may, at any time, seek the advice and
20		the expert knowledge of the Board on any matter relating to the
21		administration of this Act To conduct hearings on proceedings
22		to revoke, suspend or otherwise discipline or to refuse to
23		issue or renew certificates of registration.
24		(d) (Blank) To formulate rules and regulations when
25		required for the administration and enforcement of this Act.
26		(Source: P.A. 89-387, eff. 1-1-96.)

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1		(225 ILCS 335/3) (from Ch. 111, par. 7503)
2		(Section scheduled to be repealed on January 1, 2016)
3		Sec. 3. Application for license.
4		(1) To obtain a license, an applicant must indicate if the
5		license is sought for a sole proprietorship, partnership,
6		corporation, business trust, or other legal entity and whether
7		the application is for a limited or unlimited roofing license.
8		If the license is sought for a sole proprietorship, the license
9		shall be issued to the sole proprietor who shall also be
10		designated as the qualifying party. If the license is sought
11		for a partnership, corporation, business trust, or other legal
12		entity, the license shall be issued in the company name. A
13		company must designate one individual who will serve as a
14		qualifying party. The qualifying party is the individual who
15		must take the examination required under Section 3.5. The
16		company shall submit an application in writing to the
17		Department on a form containing the information prescribed by
18		the Department and accompanied by the fee fixed by the
19		Department. The application shall include, but shall not be
20		limited to:
21		(a) the name and address of the person designated as
22		the qualifying party responsible for the practice of
23		professional roofing in Illinois;
24		(b) the name of the sole proprietorship and its sole
25		proprietor, the name of the partnership and its partners,

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1		the name of the corporation and its officers, shareholders,
2		and directors, the name of the business trust and its
3		trustees, or the name of such other legal entity and its
4		members;
5		(c) evidence of compliance with any statutory
6		requirements pertaining to such legal entity, including
7		compliance with the Assumed Business Name Act; and any laws
8		pertaining to the use of fictitious names, if a fictitious
9		name is used; if the business is a sole proprietorship and
10		doing business under a name other than that of the
11		individual proprietor, the individual proprietor must list
12		all business names used for that proprietorship.
13		(d) a signed irrevocable uniform consent to service of
14		process form provided by the Department.
15		(1.5) (Blank). A certificate issued by the Department
16		before the effective date of this amendatory Act of the 91st
17		General Assembly shall be deemed a license for the purposes of
18		this Act.
19		(2) An applicant for a license must submit satisfactory
20		evidence that:
21		(a) he or she has obtained public liability and
22		property damage insurance in such amounts and under such
23		circumstances as may be determined by the Department;
24		(b) he or she has obtained Workers' Compensation
25		insurance for roofing covering his or her employees or is
26		approved as a self-insurer of Workers' Compensation in

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1		accordance with Illinois law;
2		(c) he or she has an unemployment insurance employer
3		account number issued by the Department of Employment
4		Security, and he or she is not delinquent in the payment of
5		any amount due under the Unemployment Insurance Act;
6		(d) he or she has submitted a continuous bond to the
7		Department in the amount of $10,000 for a limited license
8		and in the amount of $25,000 for an unlimited license; and
9		(e) a qualifying party has satisfactorily completed
10		the examination required under Section 3.5.
11		(3) It is the ongoing responsibility of the licensee to
12		provide to the Department notice in writing of any changes in
13		the information required to be provided on the application.
14		(4) (Blank). All roofing contractors must designate a
15		qualifying party and otherwise achieve compliance with this Act
16		no later than July 1, 2003 or his or her license will
17		automatically expire on July 1, 2003.
18		(5) Nothing in this Section shall apply to a seller of
19		roofing materials or services when the construction,
20		reconstruction, alteration, maintenance, or repair of roofing
21		or waterproofing is to be performed by a person other than the
22		seller or the seller's employees.
23		(6) Applicants have 3 years from the date of application to
24		complete the application process. If the application has not
25		been completed within 3 years, the application shall be denied,
26		the fee shall be forfeited and the applicant must reapply and

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1		meet the requirements in effect at the time of reapplication.
2		(Source: P.A. 98-838, eff. 1-1-15.)
3		(225 ILCS 335/3.5)
4		(Section scheduled to be repealed on January 1, 2016)
5		Sec. 3.5. Examinations Examination.
6		(a) The Department shall authorize examinations for
7		applicants for initial licensure licenses at the time and place
8		it may designate. The examinations shall be of a character to
9		fairly test the competence and qualifications of applicants to
10		act as roofing contractors. Each applicant for limited licenses
11		shall designate a qualifying party who shall take an
12		examination, the technical portion of which shall cover
13		residential roofing practices. Each applicant for an unlimited
14		license shall designate a qualifying party who shall take an
15		examination, the technical portion of which shall cover
16		residential, commercial, and industrial roofing practices.
17		Both examinations shall cover Illinois jurisprudence as it
18		relates to roofing practice.
19		(b) An applicant for a limited license or an unlimited
20		license or a qualifying party designated by an applicant for a
21		limited license or unlimited license shall pay, either to the
22		Department or the designated testing service, a fee established
23		by the Department to cover the cost of providing the
24		examination. Failure of the individual scheduled to appear for
25		the examination on the scheduled date at the time and place

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1		specified, after the applicant's his or her application for
2		examination has been received and acknowledged by the
3		Department or the designated testing service, shall result in
4		forfeiture of the examination fee.
5		(c) The qualifying party for an applicant for a new license
6		must have passed an examination authorized by the Department
7		before the Department may issue a license.
8		(d) The application for a license as a corporation,
9		business trust, or other legal entity submitted by a sole
10		proprietor who is currently licensed under this Act and exempt
11		from the examination requirement of this Section shall not be
12		considered an application for initial licensure for the
13		purposes of this subsection (d) if the sole proprietor is named
14		in the application as the qualifying party and is the sole
15		owner of the legal entity. Upon issuance of a license to the
16		new legal entity, the sole proprietorship license is
17		terminated.
18		The application for initial licensure as a partnership,
19		corporation, business trust, or other legal entity submitted by
20		a currently licensed partnership, corporation, business trust,
21		or other legal entity shall not be considered an application
22		for initial licensure for the purposes of this subsection (d)
23		if the entity's current qualifying party is exempt from the
24		examination requirement of this Section, that qualifying party
25		is named as the new legal entity's qualifying party, and the
26		majority of ownership in the new legal entity remains the same

SB0838 Enrolled - 53 - LRB099 04219 HAF 24241 b
1		as the currently licensed entity. Upon issuance of a license to
2		the new legal entity under this subsection (d), the former
3		license issued to the applicant is terminated.
4		(e) An applicant has 3 years after the date of his or her
5		application to complete the application process. If the process
6		has not been completed within 3 years, the application shall be
7		denied, the fee shall be forfeited, and the applicant must
8		reapply and meet the requirements in effect at the time of
9		reapplication.
10		(Source: P.A. 95-303, eff. 1-1-08; 96-624, eff. 1-1-10.)
11		(225 ILCS 335/4.5)
12		(Section scheduled to be repealed on January 1, 2016)
13		Sec. 4.5. Duties of qualifying party; replacement; grounds
14		for discipline.
15		(a) While engaged as or named as a qualifying party for a
16		licensee, no person may be the named qualifying party for any
17		other licensee. However, the person may act in the capacity of
18		the qualifying party for one additional licensee of the same
19		type of licensure if one of the following conditions exists:
20		(1) there There is a common ownership of at least 25%
21		of each licensed entity for which the person acts as a
22		qualifying party; or .
23		(2) the The same person acts as a qualifying party for
24		one licensed entity and its licensed subsidiary.
25		"Subsidiary" as used in this Section means a corporation of

SB0838 Enrolled - 54 - LRB099 04219 HAF 24241 b
1		which at least 25% is owned by another licensee.
2		(b) Upon the loss of In the event that a qualifying party
3		who is not replaced is terminated or terminating his or her
4		status as qualifying party of a licensee, the qualifying party
5		or and the licensee, or both, shall notify the Department of
6		that fact in writing. Thereafter, the licensee shall notify the
7		Department of the name and address of the newly designated
8		qualifying party. The newly designated qualifying party must
9		take and pass the examination prescribed in Section 3.5 of this
10		Act; however, a newly designated qualifying party is exempt
11		from the examination requirement until January 1, 2012 if he or
12		she has acted in the capacity of a roofing contractor for a
13		period of at least 15 years for the licensee for which he or
14		she seeks to be the qualifying party. These requirements shall
15		be met in a timely manner as established by rule of the
16		Department.
17		(c) A qualifying party that is accepted by the Department
18		shall have the authority to act for the licensed entity in all
19		matters connected with its roofing contracting business and to
20		supervise roofing installation operations. This authority
21		shall not be deemed to be a license for purposes of this Act.
22		(d) Designation of a qualifying party by an applicant under
23		this Section and Section 3 is subject to acceptance by the
24		Department. The Department may refuse to accept a qualifying
25		party (i) for failure to qualify as required under this Act and
26		the rules adopted under this Act or (ii) after making a

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1		determination that the designated party has a history of acting
2		illegally, fraudulently, incompetently, or with gross
3		negligence in the roofing or construction business.
4		(e) The Department may, at any time after giving
5		appropriate notice and the opportunity for a hearing, suspend
6		or revoke its acceptance of a qualifying party designated by a
7		licensee for any act or failure to act that gives rise to any
8		ground for disciplinary action against that licensee under
9		Section 9.1 or 9.6 of this Act and the rules adopted under this
10		Act. If the Department suspends or revokes its acceptance of a
11		qualifying party, the license of the licensee shall be deemed
12		to be suspended until a new qualifying party has been
13		designated by the licensee and accepted by the Department.
14		If acceptance of a qualifying party is suspended or revoked
15		for action or inaction that constitutes a violation of this Act
16		or the rules adopted under this Act, the Department may in
17		addition take such other disciplinary or non-disciplinary
18		action as it may deem proper, including imposing a fine on the
19		qualifying party, not to exceed $10,000 for each violation.
20		All administrative decisions of the Department under this
21		subsection (e) are subject to judicial review pursuant to
22		Section 9.7 of this Act. An order taking action against a
23		qualifying party shall be deemed a final administrative
24		decision of the Department for purposes of Section 9.7 of this
25		Act.
26		(Source: P.A. 96-624, eff. 1-1-10.)

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1		(225 ILCS 335/5) (from Ch. 111, par. 7505)
2		(Section scheduled to be repealed on January 1, 2016)
3		Sec. 5. Display of license number; building permits;
4		advertising.
5		(a) Each State licensed roofing contractor shall affix the
6		roofing contractor license number and the licensee's name, as
7		it appears on the license, to all of his or her contracts and
8		bids. In addition, the official issuing building permits shall
9		affix the roofing contractor license number to each application
10		for a building permit and on each building permit issued and
11		recorded.
12		(a-3) A municipality or a county that requires a building
13		permit may not issue a building permit to a roofing contractor
14		unless that contractor has provided sufficient proof of current
15		licensure that he or she is licensed currently as a roofing
16		contractor by the State. Holders of an unlimited roofing
17		license may be issued permits for residential, commercial, and
18		industrial roofing projects. Holders of a limited roofing
19		license are restricted to permits for work on residential
20		properties consisting of 8 units or less.
21		(a-5) A person who knowingly, in the course of applying for
22		a building permit with a unit of local government, provides the
23		roofing license number or name of a roofing contractor whom
24		that person he or she does not intend to have perform the work
25		on the roofing portion of the project commits identity theft

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1		under paragraph (8) of subsection (a) of Section 16-30 of the
2		Criminal Code of 2012.
3		(a-10) A building permit applicant must present a
4		government-issued identification along with the building
5		permit application. Except for the name of the individual, all
6		other personal information contained in the government-issued
7		identification shall be exempt from disclosure under
8		subsection (c) of Section 7 of the Freedom of Information Act.
9		The official issuing the building permit shall maintain the
10		name and identification number, as it appears on the
11		government-issued identification, in the building permit
12		application file. It is not necessary that the building permit
13		applicant be the qualifying party. This subsection shall not
14		apply to a county or municipality whose building permit process
15		occurs through electronic means.
16		(b) (Blank).
17		(c) Every holder of a license shall display it in a
18		conspicuous place in the licensee's his or her principal
19		office, place of business, or place of employment.
20		(d) No person licensed under this Act may advertise
21		services regulated by this Act unless that person includes in
22		the advertisement the roofing contractor license number and the
23		licensee's name, as it appears on the license. Nothing
24		contained in this subsection requires the publisher of
25		advertising for roofing contractor services to investigate or
26		verify the accuracy of the license number provided by the

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1		licensee.
2		(e) A person who advertises services regulated by this Act
3		who knowingly (i) fails to display the license number and the
4		licensee's name, as it appears on the license, in any manner
5		required by this Section, (ii) fails to provide a publisher
6		with the correct license number as required by subsection (d),
7		or (iii) provides a publisher with a false license number or a
8		license number of another person, or a person who knowingly
9		allows the licensee's his or her license number to be displayed
10		or used by another person to circumvent any provisions of this
11		Section, is guilty of a Class A misdemeanor with a fine of
12		$1,000, and, in addition, is subject to the administrative
13		enforcement provisions of this Act. Each day that an
14		advertisement runs or each day that a person knowingly allows
15		the licensee's his or her license to be displayed or used in
16		violation of this Section constitutes a separate offense.
17		(Source: P.A. 96-624, eff. 1-1-10; 96-1324, eff. 7-27-10;
18		97-235, eff. 1-1-12; 97-597, eff. 1-1-12; 97-965, eff. 8-15-12;
19		97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13.)
20		(225 ILCS 335/5.1)
21		(Section scheduled to be repealed on January 1, 2016)
22		Sec. 5.1. Commercial vehicles. Any entity offering
23		services regulated by the Roofing Industry Licensing Act shall
24		affix the roofing contractor license number and the licensee's
25		name, as it appears on the license, on all commercial vehicles

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1		used in offering such services. An entity in violation of this
2		Section shall be subject to a $250 civil penalty. This Section
3		may be enforced by local code enforcement officials employed by
4		units of local government as it relates to roofing work being
5		performed within the boundaries of their jurisdiction. For
6		purposes of this Section, "code enforcement official" means an
7		officer or other designated authority charged with the
8		administration, interpretation, and enforcement of codes on
9		behalf of a municipality or county. If the alleged violation
10		has been corrected prior to or on the date of the hearing
11		scheduled to adjudicate the alleged violation, the violation it
12		shall be dismissed.
13		(Source: P.A. 97-235, eff. 1-1-12.)
14		(225 ILCS 335/5.5)
15		(Section scheduled to be repealed on January 1, 2016)
16		Sec. 5.5. Contracts. A roofing contractor, when signing a
17		contract, must provide a land-based phone number and a street
18		address other than a post office box at which the roofing
19		contractor he or she may be contacted.
20		(Source: P.A. 91-950, eff. 2-9-01.)
21		(225 ILCS 335/6) (from Ch. 111, par. 7506)
22		(Section scheduled to be repealed on January 1, 2016)
23		Sec. 6. Expiration and renewal; inactive status;
24		restoration; renewal.

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1		(a) The expiration date and renewal period for each
2		certificate of registration issued under this Act shall be set
3		by the Department by rule.
4		(b) A licensee who has permitted his or her license to
5		expire or whose license is on inactive status may have his or
6		her license restored by making application to the Department in
7		the form and manner prescribed by the Department.
8		(c) A licensee who notifies the Department in writing on
9		forms prescribed by the Department may elect to place his or
10		her license on inactive status and shall, subject to rules of
11		the Department, be excused from payment of renewal fees until
12		he or she notifies the Department in writing of his or her
13		desire to resume active status.
14		(d) A licensee whose license expired while he or she was
15		(1) on active duty with the Armed Forces of the United States
16		or the State Militia called into service or training or (2) in
17		training or education under the supervision of the United
18		States preliminary to induction into the military service, may
19		have his or her license renewed or restored without paying any
20		lapsed renewal fees if, within 2 years after termination of
21		such service, training, or education, except under conditions
22		other than honorable, he or she furnishes the Department with
23		satisfactory evidence to the effect that he or she has been so
24		engaged and that his or her service, training, or education has
25		been so terminated.
26		(e) A roofing contractor whose license is expired or on

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1		inactive status shall not practice under this Act in the State
2		of Illinois.
3		(Source: P.A. 95-303, eff. 1-1-08.)
4		(225 ILCS 335/7) (from Ch. 111, par. 7507)
5		(Section scheduled to be repealed on January 1, 2016)
6		Sec. 7. Fees. The fees for the administration and
7		enforcement of this Act, including, but not limited to,
8		original certification, renewal, and restoration of a license
9		issued under this Act, shall be set by rule. The fees shall be
10		nonrefundable. (1) The initial application fee for a
11		certificate shall be fixed by the Department by rule. (2) All
12		other fees not set forth herein shall be fixed by rule. (3)
13		(Blank). (4) (Blank). (5) (Blank). (6) All fees, penalties, and
14		fines collected under this Act shall be deposited into the
15		General Professions Dedicated Fund and shall be appropriated to
16		the Department for the ordinary and contingent expenses of the
17		Department in the administration of this Act.
18		(Source: P.A. 94-254, eff. 7-19-05.)
19		(225 ILCS 335/9) (from Ch. 111, par. 7509)
20		(Section scheduled to be repealed on January 1, 2016)
21		Sec. 9. Licensure requirement.
22		(1) It is unlawful for any person to engage in the business
23		or act in the capacity of or hold himself, or herself, or
24		itself out in any manner as a roofing contractor without having

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1		been duly licensed under the provisions of this Act.
2		(2) No work involving the construction, reconstruction,
3		alteration, maintenance or repair of any kind of roofing or
4		waterproofing may be done except by a roofing contractor
5		licensed under this Act.
6		(3) Sellers of roofing services may subcontract the
7		provision of those roofing services only to roofing contractors
8		licensed under this Act.
9		(4) All persons performing roofing services under this Act
10		shall be licensed as roofing contractors, except for those
11		persons who are deemed to be employees under Section 10 of the
12		Employee Classification Act of a licensed roofing contractor.
13		(Source: P.A. 98-838, eff. 1-1-15.)
14		(225 ILCS 335/9.1) (from Ch. 111, par. 7509.1)
15		(Section scheduled to be repealed on January 1, 2016)
16		Sec. 9.1. Grounds for disciplinary action.
17		(1) The Department may refuse to issue or to renew, or may
18		revoke, suspend, place on probation, reprimand or take other
19		disciplinary or non-disciplinary action as the Department may
20		deem proper, including fines not to exceed $10,000 for each
21		violation, with regard to any license for any one or
22		combination of the following causes:
23		(a) violation of this Act or its rules;
24		(b) conviction or plea of guilty or nolo contendere,
25		finding of guilt, jury verdict, or entry of judgment or

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1		sentencing of any crime, including, but not limited to,
2		convictions, preceding sentences of supervision,
3		conditional discharge, or first offender probation, under
4		the laws of any jurisdiction of the United States or any
5		state or territory thereof that is (i) a felony or (ii) a
6		misdemeanor, an essential element of which is dishonesty or
7		that is directly related to the practice of the profession;
8		(c) fraud or making any misrepresentation in applying
9		for or procuring for the purpose of obtaining a license
10		under this Act, or in connection with applying for renewal
11		of a license under this Act;
12		(d) professional incompetence or gross negligence in
13		the practice of roofing contracting, prima facie evidence
14		of which may be a conviction or judgment in any court of
15		competent jurisdiction against an applicant or licensee
16		relating to the practice of roofing contracting or the
17		construction of a roof or repair thereof that results in
18		leakage within 90 days after the completion of such work;
19		(e) (blank);
20		(f) aiding or assisting another person in violating any
21		provision of this Act or rules;
22		(g) failing, within 60 days, to provide information in
23		response to a written request made by the Department which
24		has been sent by certified or registered mail to the
25		licensee's last known address;
26		(h) engaging in dishonorable, unethical, or

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1		unprofessional conduct of a character likely to deceive,
2		defraud, or harm the public;
3		(i) habitual or excessive use or abuse of controlled
4		substances, as defined by the Illinois Controlled
5		Substances Act, alcohol, or any other substance that
6		addiction to alcohol, narcotics, stimulants or any other
7		chemical agent or drug which results in the inability to
8		practice with reasonable judgment, skill, or safety;
9		(j) discipline by another state, unit of government, or
10		government agency, the District of Columbia, a territory,
11		U.S. jurisdiction or a foreign nation, if at least one of
12		the grounds for the discipline is the same or substantially
13		equivalent to those set forth in this Section;
14		(k) directly or indirectly giving to or receiving from
15		any person, firm, corporation, partnership, or association
16		any fee, commission, rebate, or other form of compensation
17		for any professional services not actually or personally
18		rendered;
19		(l) a finding by the Department that the licensee,
20		after having his or her license disciplined, placed on
21		probationary status has violated the terms of the
22		discipline probation;
23		(m) a finding by any court of competent jurisdiction,
24		either within or without this State, of any violation of
25		any law governing the practice of roofing contracting, if
26		the Department determines, after investigation, that such

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1		person has not been sufficiently rehabilitated to warrant
2		the public trust;
3		(n) willfully making or filing false records or reports
4		in the practice of roofing contracting, including, but not
5		limited to, false records filed with the State agencies or
6		departments a finding that licensure has been applied for
7		or obtained by fraudulent means;
8		(o) practicing, attempting to practice, or advertising
9		under a name other than the full name as shown on the
10		license or any other legally authorized name;
11		(p) gross and willful overcharging for professional
12		services including filing false statements for collection
13		of fees or monies for which services are not rendered;
14		(q) (blank); failure to file a return, or to pay the
15		tax, penalty or interest shown in a filed return, or to pay
16		any final assessment of tax, penalty or interest, as
17		required by any tax Act administered by the Illinois
18		Department of Revenue, until such time as the requirements
19		of any such tax Act are satisfied;
20		(r) (blank); the Department shall deny any license or
21		renewal under this Act to any person who has defaulted on
22		an educational loan guaranteed by the Illinois State
23		Scholarship Commission; however, the Department may issue
24		a license or renewal if the person in default has
25		established a satisfactory repayment record as determined
26		by the Illinois State Scholarship Commission;

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1		(s) failure to continue to meet the requirements of
2		this Act shall be deemed a violation;
3		(t) physical or mental disability, including
4		deterioration through the aging process or loss of
5		abilities and skills that result in an inability to
6		practice the profession with reasonable judgment, skill,
7		or safety;
8		(u) material misstatement in furnishing information to
9		the Department or to any other State agency;
10		(v) (blank); the determination by a court that a
11		licensee is subject to involuntary admission or judicial
12		admission as provided in the Mental Health and
13		Developmental Disabilities Code will result in an
14		automatic suspension of his or her license. The suspension
15		will end upon a finding by a court that the licensee is no
16		longer subject to involuntary admission or judicial
17		admission, the issuance of an order so finding and
18		discharging the patient, and the recommendation of the
19		Board to the Director that the licensee be allowed to
20		resume professional practice;
21		(w) advertising in any manner that is false,
22		misleading, or deceptive;
23		(x) taking undue advantage of a customer, which results
24		in the perpetration of a fraud;
25		(y) performing any act or practice that is a violation
26		of the Consumer Fraud and Deceptive Business Practices Act;

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1		(z) engaging in the practice of roofing contracting, as
2		defined in this Act, with a suspended, revoked, or
3		cancelled license;
4		(aa) treating any person differently to the person's
5		detriment because of race, color, creed, gender, age,
6		religion, or national origin;
7		(bb) knowingly making any false statement, oral,
8		written, or otherwise, of a character likely to influence,
9		persuade, or induce others in the course of obtaining or
10		performing roofing contracting services;
11		(cc) violation of any final administrative action of
12		the Secretary;
13		(dd) allowing the use of his or her roofing license by
14		an unlicensed roofing contractor for the purposes of
15		providing roofing or waterproofing services; or
16		(ee) (blank); aiding or assisting another person in
17		violating any provision of this Act or its rules,
18		including, but not limited to, Section 9 of this Act.
19		(ff) cheating or attempting to subvert a licensing
20		examination administered under this Act; or
21		(gg) use of a license to permit or enable an unlicensed
22		person to provide roofing contractor services.
23		(2) The determination by a circuit court that a license
24		holder is subject to involuntary admission or judicial
25		admission, as provided in the Mental Health and Developmental
26		Disabilities Code, operates as an automatic suspension. Such

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1		suspension will end only upon a finding by a court that the
2		patient is no longer subject to involuntary admission or
3		judicial admission, an order by the court so finding and
4		discharging the patient, and the recommendation of the Board to
5		the Director that the license holder be allowed to resume his
6		or her practice.
7		(3) The Department may refuse to issue or take disciplinary
8		action concerning the license of any person who fails to file a
9		return, to pay the tax, penalty, or interest shown in a filed
10		return, or to pay any final assessment of tax, penalty, or
11		interest as required by any tax Act administered by the
12		Department of Revenue, until such time as the requirements of
13		any such tax Act are satisfied as determined by the Department
14		of Revenue.
15		(4) In enforcing this Section, the Department, upon a
16		showing of a possible violation, may compel any individual who
17		is licensed under this Act or any individual who has applied
18		for licensure to submit to a mental or physical examination or
19		evaluation, or both, which may include a substance abuse or
20		sexual offender evaluation, at the expense of the Department.
21		The Department shall specifically designate the examining
22		physician licensed to practice medicine in all of its branches
23		or, if applicable, the multidisciplinary team involved in
24		providing the mental or physical examination and evaluation.
25		The multidisciplinary team shall be led by a physician licensed
26		to practice medicine in all of its branches and may consist of

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1		one or more or a combination of physicians licensed to practice
2		medicine in all of its branches, licensed chiropractic
3		physicians, licensed clinical psychologists, licensed clinical
4		social workers, licensed clinical professional counselors, and
5		other professional and administrative staff. Any examining
6		physician or member of the multidisciplinary team may require
7		any person ordered to submit to an examination and evaluation
8		pursuant to this Section to submit to any additional
9		supplemental testing deemed necessary to complete any
10		examination or evaluation process, including, but not limited
11		to, blood testing, urinalysis, psychological testing, or
12		neuropsychological testing.
13		(5) The Department may order the examining physician or any
14		member of the multidisciplinary team to provide to the
15		Department any and all records, including business records,
16		that relate to the examination and evaluation, including any
17		supplemental testing performed. The Department may order the
18		examining physician or any member of the multidisciplinary team
19		to present testimony concerning this examination and
20		evaluation of the licensee or applicant, including testimony
21		concerning any supplemental testing or documents relating to
22		the examination and evaluation. No information, report,
23		record, or other documents in any way related to the
24		examination and evaluation shall be excluded by reason of any
25		common law or statutory privilege relating to communication
26		between the licensee or applicant and the examining physician

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1		or any member of the multidisciplinary team. No authorization
2		is necessary from the licensee or applicant ordered to undergo
3		an evaluation and examination for the examining physician or
4		any member of the multidisciplinary team to provide
5		information, reports, records, or other documents or to provide
6		any testimony regarding the examination and evaluation. The
7		individual to be examined may have, at his or her own expense,
8		another physician of his or her choice present during all
9		aspects of the examination.
10		(6) Failure of any individual to submit to mental or
11		physical examination or evaluation, or both, when directed,
12		shall result in an automatic suspension without hearing until
13		such time as the individual submits to the examination. If the
14		Department finds a licensee unable to practice because of the
15		reasons set forth in this Section, the Department shall require
16		the licensee to submit to care, counseling, or treatment by
17		physicians approved or designated by the Department as a
18		condition for continued, reinstated, or renewed licensure.
19		(7) When the Secretary immediately suspends a license under
20		this Section, a hearing upon such person's license must be
21		convened by the Department within 15 days after the suspension
22		and completed without appreciable delay. The Department shall
23		have the authority to review the licensee's record of treatment
24		and counseling regarding the impairment to the extent permitted
25		by applicable federal statutes and regulations safeguarding
26		the confidentiality of medical records.

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1		(8) Licensees affected under this Section shall be afforded
2		an opportunity to demonstrate to the Department that they can
3		resume practice in compliance with acceptable and prevailing
4		standards under the provisions of their license.
5		(9) The Department shall deny a license or renewal
6		authorized by this Act to a person who has defaulted on an
7		educational loan or scholarship provided or guaranteed by the
8		Illinois Student Assistance Commission or any governmental
9		agency of this State in accordance with paragraph (5) of
10		subsection (a) of Section 2105-15 of the Department of
11		Professional Regulation Law of the Civil Administrative Code of
12		Illinois.
13		(10) In cases where the Department of Healthcare and Family
14		Services has previously determined a licensee or a potential
15		licensee is more than 30 days delinquent in the payment of
16		child support and has subsequently certified the delinquency to
17		the Department, the Department may refuse to issue or renew or
18		may revoke or suspend that person's license or may take other
19		disciplinary action against that person based solely upon the
20		certification of delinquency made by the Department of
21		Healthcare and Family Services in accordance with paragraph (5)
22		of subsection (a) of Section 2105-15 of the Department of
23		Professional Regulation Law of the Civil Administrative Code of
24		Illinois.
25		The changes to this Act made by this amendatory Act of 1997
26		apply only to disciplinary actions relating to events occurring

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1		after the effective date of this amendatory Act of 1997.
2		(Source: P.A. 95-303, eff. 1-1-08; 96-1324, eff. 7-27-10.)
3		(225 ILCS 335/9.2) (from Ch. 111, par. 7509.2)
4		(Section scheduled to be repealed on January 1, 2016)
5		Sec. 9.2. Record Stenographer; record of proceedings. The
6		Department, at its expense, shall provide a stenographer to
7		take down the testimony and preserve a record of all
8		proceedings at the formal hearing of any case initiated
9		pursuant to this Act, the rules for the administration of this
10		Act, or any other Act or rules relating to this Act and
11		proceedings for restoration of any license issued under this
12		Act. The notice of hearing, complaint, answer, and all other
13		documents in the nature of pleadings and written motions and
14		responses filed in the proceedings, the transcript of the
15		testimony, all exhibits admitted into evidence, the report of
16		the hearing officer, the Board's findings of fact, conclusions
17		of law, and recommendations to the Director, and the order of
18		the Department shall be the record of the proceedings. Any
19		licensee who is found to have violated this Act or who fails to
20		appear for a hearing to refuse to issue, restore, or renew a
21		license or to discipline a licensee may be required by the
22		Department to pay for the costs of the proceeding. These costs
23		are limited to costs for court reporters, transcripts, and
24		witness attendance and mileage fees. All costs imposed under
25		this Section shall be paid within 60 days after the effective

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1		date of the order imposing the fine. The Department shall
2		furnish a transcript of the record to any person interested in
3		the hearing upon payment of the fee required under Section
4		2105-115 of the Department of Professional Regulation Law (20
5		ILCS 2105/2105-115).
6		(Source: P.A. 91-239, eff. 1-1-00; 91-950, eff. 2-9-01.)
7		(225 ILCS 335/9.3) (from Ch. 111, par. 7509.3)
8		(Section scheduled to be repealed on January 1, 2016)
9		Sec. 9.3. Attendance of witnesses; contempt. Any circuit
10		court may, upon application of the Department or its designee
11		or of the applicant or licensee against whom proceedings are
12		pending, enter an order requiring the attendance of witnesses
13		and their testimony of witnesses, and the production of
14		relevant documents, papers, files, books and records in
15		connection with any hearing or investigation. The court may
16		compel obedience to its order by proceedings for contempt.
17		(Source: P.A. 86-615.)
18		(225 ILCS 335/9.4) (from Ch. 111, par. 7509.4)
19		(Section scheduled to be repealed on January 1, 2016)
20		Sec. 9.4. Subpoenas; oaths. The Department has power to
21		subpoena and bring before it any person in this State and to
22		take the oral or written testimony either orally or by
23		deposition or both, or to compel the production of any books,
24		papers, records, subpoena documents, exhibits, or other

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1		materials that the Secretary or his or her designee deems
2		relevant or material to an investigation or hearing conducted
3		by the Department, with the same fees and mileage and in the
4		same manner as prescribed by law in judicial proceedings in
5		civil cases in circuit courts of this State.
6		The Secretary, the designated hearing officer, Director
7		and any member of the Roofing Advisory Board, or a certified
8		shorthand court reporter may have power to administer oaths to
9		witnesses at any hearing that the Department conducts or
10		Roofing Advisory Board is authorized by law to conduct.
11		Notwithstanding any other statute or Department rule to the
12		contrary, all requests for testimony or production of documents
13		or records shall be in accordance with this Act. Further, the
14		Director has power to administer any other oaths required or
15		authorized to be administered by the Department under this Act.
16		(Source: P.A. 91-950, eff. 2-9-01.)
17		(225 ILCS 335/9.5) (from Ch. 111, par. 7509.5)
18		(Section scheduled to be repealed on January 1, 2016)
19		Sec. 9.5. Findings of fact, conclusions of law, and
20		recommendations of the Board; rehearing order. The Board shall
21		have 90 days after receipt of the report of the hearing officer
22		to review the report and present their findings of fact,
23		conclusions of law, and recommendations to the Secretary. If
24		the Board fails to present its findings of fact, conclusions of
25		law, and recommendations within the 90-day period, the

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1		Secretary may issue an order based on the report of the hearing
2		officer. If the Secretary disagrees with the recommendation of
3		the Board or hearing officer, then the Secretary may issue an
4		order in contravention of the recommendation. In any case
5		involving the refusal to issue or renew or the taking of
6		disciplinary action against a license, a copy of the Board's
7		findings of fact, conclusions of law, and recommendations shall
8		be served upon the respondent by the Department as provided in
9		this Act for the service of the notice of hearing. Within 20
10		days after such service, the respondent may present to the
11		Department a motion in writing for a rehearing, which motion
12		shall specify the particular grounds therefor. If no motion for
13		rehearing is filed, then upon the expiration of the time
14		specified for filing such a motion or, if a motion for
15		rehearing is denied, then upon such denial the Secretary may
16		enter an order in accordance with recommendations of the Board.
17		If the respondent shall order from the reporting service, and
18		pays for a transcript of the record within the time for filing
19		a motion for rehearing, the 20-day period within which such a
20		motion may be filed shall commence upon the delivery of the
21		transcript to the respondent. Whenever the Secretary is
22		satisfied that substantial justice has not been done in the
23		revocation or suspension of, or the refusal to issue or renew,
24		a license, the Secretary may order a rehearing by the hearing
25		officer.
26		Within 60 days of the Department's receipt of the transcript of

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1		any hearing that is conducted pursuant to this Act or the rules
2		for its enforcement or any other statute or rule requiring a
3		hearing under this Act or the rules for its enforcement, or for
4		any hearing related to restoration of any license issued
5		pursuant to this Act, the hearing officer shall submit his or
6		her written findings and recommendations to the Roofing
7		Advisory Board. The Roofing Advisory Board shall review the
8		report of the hearing officer and shall present its findings of
9		fact, conclusions of law, and recommendations to the Director
10		by the date of the Board's second meeting following the Board's
11		receipt of the hearing officer's report.
12		A copy of the findings of fact, conclusions of law, and
13		recommendations to the Director shall be served upon the
14		accused person, either personally or by registered or certified
15		mail. Within 20 days after service, the accused person may
16		present to the Department a written motion for a rehearing,
17		which shall state the particular grounds therefor. If the
18		accused person orders and pays for a transcript pursuant to
19		Section 9.2, the time elapsing thereafter and before the
20		transcript is ready for delivery to him or her shall not be
21		counted as part of the 20 days.
22		The Director shall issue an order based on the findings of
23		fact, conclusions of law, and recommendations to the Director.
24		If the Director disagrees in any regard with the findings of
25		fact, conclusions of law, and recommendations to the Director,
26		he may issue an order in contravention of the findings of fact,

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1		conclusions of law, and recommendations to the Director.
2		If the Director issues an order in contravention of the
3		findings of fact, conclusions of law, and recommendations to
4		the Director, the Director shall notify the Board in writing
5		with an explanation for any deviation from the Board's findings
6		of fact, conclusions of law, and recommendations to the
7		Director within 30 days of the Director's entry of the order.
8		(Source: P.A. 91-950, eff. 2-9-01.)
9		(225 ILCS 335/9.6) (from Ch. 111, par. 7509.6)
10		(Section scheduled to be repealed on January 1, 2016)
11		Sec. 9.6. Summary Temporary suspension pending hearing.
12		The Secretary Director may summarily temporarily suspend a the
13		license issued under this Act of a roofing contractor without a
14		hearing, simultaneously with the institution of proceedings
15		for a hearing provided for in this Act, if the Secretary
16		Director finds that evidence in his or her possession indicates
17		that continuation in practice would constitute an imminent
18		danger to the public. In the event that the Secretary summarily
19		Director temporarily suspends a license without a hearing, a
20		hearing by the Department shall be commenced held within 30
21		days after such suspension has occurred and shall be concluded
22		as expeditiously as possible.
23		(Source: P.A. 89-387, eff. 1-1-96; 90-55, eff. 1-1-98.)
24		(225 ILCS 335/9.7) (from Ch. 111, par. 7509.7)

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1		(Section scheduled to be repealed on January 1, 2016)
2		Sec. 9.7. All final administrative decisions of the
3		Department are subject to judicial review pursuant to the
4		Administrative Review Law, as amended, and all its rules
5		adopted pursuant thereto. The term "administrative decision"
6		is defined as in Section 3-101 of the Code of Civil Procedure.
7		Proceedings for judicial review shall be commenced in the
8		circuit court of the county in which the party applying for
9		review resides, except that, if the party is not a resident of
10		this State, the venue shall be Sangamon County.
11		(Source: P.A. 86-615.)
12		(225 ILCS 335/9.8) (from Ch. 111, par. 7509.8)
13		(Section scheduled to be repealed on January 1, 2016)
14		Sec. 9.8. Criminal penalties. Any person who is found to
15		have violated any provision of this Act is guilty of a Class A
16		misdemeanor for the first offense. On conviction of a second or
17		subsequent offense the violator is guilty of a Class 4 felony.
18		Each day of violation constitutes a separate offense.
19		(Source: P.A. 89-387, eff. 1-1-96.)
20		(225 ILCS 335/9.9a)
21		(Section scheduled to be repealed on January 1, 2016)
22		Sec. 9.9a. Certification of record; costs. The Department
23		shall not be required to certify any record to the court, to
24		file an answer in court, or to otherwise appear in any court in

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1		a judicial review proceeding, unless and until the Department
2		has received from the plaintiff payment of the costs of
3		furnishing and certifying the record, which costs shall be
4		determined by the Department there is filed in the court, with
5		the complaint, a receipt from the Department acknowledging
6		payment of the costs of furnishing and certifying the record.
7		Failure on the part of the plaintiff to file the receipt in
8		court is grounds for dismissal of the action.
9		(Source: P.A. 89-387, eff. 1-1-96.)
10		(225 ILCS 335/9.10) (from Ch. 111, par. 7509.10)
11		(Section scheduled to be repealed on January 1, 2016)
12		Sec. 9.10. Returned checks; fines. Any person who delivers
13		a check or other payment to the Department that is returned to
14		the Department unpaid by the financial institution upon which
15		it is drawn shall pay to the Department, in addition to the
16		amount already owed to the Department, a fine of $50. The fines
17		imposed by this Section are in addition to any other discipline
18		provided under this Act for unlicensed practice or practice on
19		a nonrenewed license. The Department shall notify the person
20		that payment of fees and fines shall be paid to the Department
21		by certified check or money order within 30 calendar days of
22		the notification. If, after the expiration of 30 days from the
23		date of the notification, the person has failed to submit the
24		necessary remittance, the Department shall automatically
25		terminate the license or deny the application, without hearing.

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1		If, after termination or denial, the person seeks a license,
2		that person he or she shall apply to the Department for
3		restoration or issuance of the license and pay all the
4		application fees as set by rule. The Department may establish a
5		fee for the processing of an application for restoration of a
6		license to pay all expenses of processing this application. The
7		Director may waive the fines due under this Section in
8		individual cases where the Director finds that the fines would
9		be unreasonable or unnecessarily burdensome.
10		(Source: P.A. 91-950, eff. 2-9-01; 92-146, eff. 1-1-02; 92-651,
11		eff. 7-11-02.)
12		(225 ILCS 335/9.14) (from Ch. 111, par. 7509.14)
13		(Section scheduled to be repealed on January 1, 2016)
14		Sec. 9.14. Appointment of hearing officer. The Secretary
15		Director has the authority to appoint any attorney duly
16		licensed to practice law in the State of Illinois to serve as
17		the hearing officer for any action for refusal to issue or
18		renew a license, for discipline of a licensee for sanctions for
19		unlicensed practice, for restoration of a license, or for any
20		other action for which findings of fact, conclusions of law,
21		and recommendations are required pursuant to Section 9.5 of
22		this Act. The hearing officer shall have full authority to
23		conduct the hearing and shall issue his or her findings of
24		fact, conclusions of law, and recommendations to the Board
25		pursuant to Section Sections 9.5 of this Act.

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1		(Source: P.A. 91-950, eff. 2-9-01.)
2		(225 ILCS 335/9.15) (from Ch. 111, par. 7509.15)
3		(Section scheduled to be repealed on January 1, 2016)
4		Sec. 9.15. Investigation; notice; default. The Department
5		may investigate the actions of any applicant or any person or
6		persons holding or claiming to hold a license. The Department
7		shall, before refusing to issue, renew, or discipline a
8		licensee or applicant suspending, revoking, placing on
9		probationary status, or taking any other disciplinary action as
10		the Department may deem proper with regard to any license, at
11		least 30 days prior to the date set for the hearing, notify the
12		applicant or licensee accused in writing of the nature of the
13		any charges made and the time and place for a hearing on the
14		charges. The Department shall direct the applicant or licensee
15		before the hearing officer, direct him or her to file a his
16		written answer to the charges with the hearing officer under
17		oath within 20 30 days after the service on him or her of the
18		such notice, and inform the applicant or licensee him or her
19		that failure if he or she fails to file an such answer will
20		result in default being will be taken against the applicant or
21		licensee him or her and his or her license may be suspended,
22		revoked, placed on probationary status, or other disciplinary
23		action, including limiting the scope, nature or extent of his
24		or her practice, as the Department may deem proper, taken. This
25		written notice may be served by personal delivery or certified

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1		or registered mail to the Department. At the time and place
2		fixed in the notice, the Department shall proceed to hear the
3		charges and the parties or their counsel shall be accorded
4		ample opportunity to present any pertinent statements,
5		testimony, evidence, and arguments. The Department may
6		continue the hearing from time to time. In case the person
7		fails to file an answer after receiving notice, the his or her
8		license may, in the discretion of the Department, be suspended,
9		revoked, or placed on probationary status, or the Department
10		may take whatever disciplinary action deemed proper, including
11		limiting the scope, nature, or extent of the person's practice
12		or the imposition of a fine, without a hearing, if the act or
13		acts charged constitute sufficient grounds for such action
14		under this Act. The written notice and any notice in the
15		subsequent proceeding may be served by registered or certified
16		mail to the licensee's address of record. At the time and place
17		fixed in the notice, the Department shall proceed to hear the
18		charges and the parties or their counsel shall be accorded
19		ample opportunity to present such statements, testimony,
20		evidence and argument as may be pertinent to the charges or to
21		their defense. The Department may continue such hearing from
22		time to time. At the discretion of the Director after having
23		first received the recommendation of the hearing officer, the
24		accused person's license may be suspended, revoked, placed on
25		probationary status, or other disciplinary action may be taken
26		as the Director may deem proper, including limiting the scope,

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1		nature, or extent of said person's practice without a hearing,
2		if the act or acts charged constitute sufficient grounds for
3		such action under this Act.
4		(Source: P.A. 90-55, eff. 1-1-98.)
5		(225 ILCS 335/10) (from Ch. 111, par. 7510)
6		(Section scheduled to be repealed on January 1, 2016)
7		Sec. 10. Injunctive relief; order to cease and desist
8		Enforcement; petition to court.
9		(1) If any person violates the provisions of this Act, the
10		Secretary, Director through the Attorney General of the State
11		of Illinois, or the State's Attorney of any county in which a
12		violation is alleged to have occurred exist, may in the name of
13		the People of the State of Illinois petition for an order
14		enjoining such violation or for an order enforcing compliance
15		with this Act. Upon the filing of a verified petition in such
16		court, the court may issue a temporary restraining order,
17		without notice or bond, and may preliminarily and permanently
18		enjoin such violation, and if it is established that such
19		person has violated or is violating the injunction, the Court
20		may punish the offender for contempt of court. Proceedings
21		under this Section shall be in addition to, and not in lieu of,
22		all other remedies and penalties provided by this Act.
23		(2) If any person shall practice as a licensee or hold
24		himself or herself out as a licensee without being licensed
25		under the provisions of this Act, then any person licensed

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1		under this Act, any interested party or any person injured
2		thereby may, in addition to the Secretary those officers
3		identified in subsection (1) of this Section, petition for
4		relief as provided in subsection (1) of this Section therein.
5		(3) (Blank).
6		(4) Whenever, in the opinion of the Department, any person
7		violates any provision of this Act, the Department may issue a
8		rule to show cause why an order to cease and desist should not
9		be entered. The rule shall clearly set forth the grounds relied
10		upon by the Department and shall provide a period of 7 days
11		after the date of issuance of the rule to file an answer to the
12		satisfaction of the Department. Failure to answer to the
13		satisfaction of the Department shall cause an order to cease
14		and desist to be issued forthwith. Proceedings under this
15		Section shall be in addition to, and not in lieu of, all other
16		remedies and penalties which may be provided by law.
17		(Source: P.A. 95-303, eff. 1-1-08.)
18		(225 ILCS 335/10a)
19		(Section scheduled to be repealed on January 1, 2016)
20		Sec. 10a. Unlicensed practice; violation; civil penalty.
21		(a) In addition to any other penalty provided by law, any
22		Any person who practices, offers to practice, attempts to
23		practice, or holds himself or herself out to practice roofing
24		without being licensed under this Act shall, in addition to any
25		other penalty provided by law, pay a civil penalty to the

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1		Department in an amount not to exceed $10,000 $5,000 for each
2		offense as determined by the Department. The civil penalty
3		shall be assessed by the Department after a hearing is held in
4		accordance with the provisions set forth in this Act regarding
5		the provision of a hearing for the discipline of a licensee.
6		(b) The Department has the authority and power to
7		investigate any and all unlicensed activity.
8		(c) The civil penalty shall be paid within 60 days after
9		the effective date of the order imposing the civil penalty. The
10		order shall constitute a judgment and may be filed and
11		execution had thereon in the same manner as any judgment from
12		any court of record.
13		(Source: P.A. 89-387, eff. 1-1-96.)
14		(225 ILCS 335/11) (from Ch. 111, par. 7511)
15		(Section scheduled to be repealed on January 1, 2016)
16		Sec. 11. Application of Act.
17		(1) Nothing in this Act limits the power of a municipality,
18		city, or county, or incorporated area to regulate the quality
19		and character of work performed by roofing contractors through
20		a system of permits, fees, and inspections which are designed
21		to secure compliance with and aid in the implementation of
22		State and local building laws or to enforce other local laws
23		for the protection of the public health and safety.
24		(2) Nothing in this Act shall be construed to require a
25		seller of roofing materials or services to be licensed as a

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1		roofing contractor when the construction, reconstruction,
2		alteration, maintenance or repair of roofing or waterproofing
3		is to be performed by a person other than the seller or the
4		seller's employees.
5		(3) Nothing in this Act shall be construed to require a
6		person who performs roofing or waterproofing work to his or her
7		own property, or for no consideration, to be licensed as a
8		roofing contractor.
9		(4) Nothing in this Act shall be construed to require a
10		person who performs roofing or waterproofing work to his or her
11		employer's property to be licensed as a roofing contractor,
12		where there exists an employer-employee relationship. Nothing
13		in this Act shall be construed to apply to the installation of
14		plastics, glass or fiberglass to greenhouses and related
15		horticultural structures, or to the repair or construction of
16		farm buildings.
17		(5) Nothing in this Act limits the power of a municipality,
18		city, or county, or incorporated area to collect occupational
19		license and inspection fees for engaging in roofing
20		contracting.
21		(6) Nothing in this Act limits the power of the
22		municipalities, cities, or counties, or incorporated areas to
23		adopt any system of permits requiring submission to and
24		approval by the municipality, city, or county, or incorporated
25		area of plans and specifications for work to be performed by
26		roofing contractors before commencement of the work.

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1		(7) Any official authorized to issue building or other
2		related permits shall ascertain that the applicant contractor
3		is duly licensed before issuing the permit. The evidence shall
4		consist only of the exhibition to him or her of current
5		evidence of licensure.
6		(8) This Act applies to any roofing contractor performing
7		work for the State or any municipality, city, county, or
8		incorporated area municipality. Officers of the State or any
9		municipality, city, county or incorporated area municipality
10		are required to determine compliance with this Act before
11		awarding any contracts for construction, improvement,
12		remodeling, or repair.
13		(9) If an incomplete contract exists at the time of death
14		of a licensee contractor, the contract may be completed by any
15		person even though not licensed. Such person shall notify the
16		Department within 30 days after the death of the contractor of
17		his or her name and address. For the purposes of this
18		subsection, an incomplete contract is one which has been
19		awarded to, or entered into by, the licensee contractor before
20		his or her death or on which he or she was the low bidder and
21		the contract is subsequently awarded to him or her regardless
22		of whether any actual work has commenced under the contract
23		before his or her death.
24		(10) The State or any municipality, city, county, or
25		incorporated area municipality may require that bids submitted
26		for roofing construction, improvement, remodeling, or repair

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1		of public buildings be accompanied by evidence that that bidder
2		holds an appropriate license issued pursuant to this Act.
3		(11) (Blank).
4		(12) Nothing in this Act shall prevent a municipality,
5		city, county, or incorporated area from making laws or
6		ordinances that are more stringent than those contained in this
7		Act.
8		(Source: P.A. 97-965, eff. 8-15-12.)
9		(225 ILCS 335/11.5)
10		(Section scheduled to be repealed on January 1, 2016)
11		Sec. 11.5. Board. The Roofing Advisory Board is created and
12		shall consist of 8 persons, one of whom is a knowledgeable
13		public member and 7 of whom are (i) designated as the
14		qualifying party of a licensed roofing contractor or (ii)
15		legally qualified to act for the business organization on
16		behalf of the licensee in all matters connected with its
17		roofing contracting business, have the authority to supervise
18		roofing installation operations, and actively engaged in
19		day-to-day activities of the business organization for a
20		licensed roofing contractor have been issued licenses as
21		roofing contractors by the Department. One of the 7 nonpublic
22		members licensed roofing contractors on the Board shall
23		represent a statewide association representing home builders
24		and another of the 7 nonpublic members licensed roofing
25		contractors shall represent an association predominately

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1		representing retailers. The public member shall not be licensed
2		under this Act or any other Act the Department administers.
3		Each member shall be appointed by the Secretary Director. Five
4		members of the Board shall constitute a quorum. A quorum is
5		required for all Board decisions. Members shall be appointed
6		who reasonably represent the different geographic areas of the
7		State. A quorum of the Board shall consist of the majority of
8		Board members appointed.
9		Members of the Roofing Advisory Board shall be immune from
10		suit in any action based upon any disciplinary proceedings or
11		other acts performed in good faith as members of the Roofing
12		Advisory Board, unless the conduct that gave rise to the suit
13		was willful and wanton misconduct.
14		The persons appointed shall hold office for 4 years and
15		until a successor is appointed and qualified. The initial terms
16		shall begin July 1, 1997. Of the members of the Board first
17		appointed, 2 shall be appointed to serve for 2 years, 2 shall
18		be appointed to serve for 3 years, and 3 shall be appointed to
19		serve for 4 years. No member shall serve more than 2 complete 4
20		year terms.
21		The Secretary shall have the authority to remove or suspend
22		any member of the Board for cause at any time before the
23		expiration of his or her term. The Secretary shall be the sole
24		arbiter of cause.
25		The Secretary Within 90 days of a vacancy occurring, the
26		Director shall fill a the vacancy for the unexpired portion of

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1		the term with an appointee who meets the same qualifications as
2		the person whose position has become vacant. The Board shall
3		meet annually to elect one member as chairman and one member as
4		vice-chairman. No officer shall be elected more than twice in
5		succession to the same office. The members of the Board shall
6		receive reimbursement for actual, necessary, and authorized
7		expenses incurred in attending the meetings of the Board.
8		(Source: P.A. 94-254, eff. 7-19-05.)
9		(225 ILCS 335/11.6 new)
10		Sec. 11.6. Confidentiality. All information collected by
11		the Department in the course of an examination or investigation
12		of a licensee or applicant, including, but not limited to, any
13		complaint against a licensee filed with the Department and
14		information collected to investigate any such complaint, shall
15		be maintained for the confidential use of the Department and
16		shall not be disclosed. The Department may not disclose the
17		information to anyone other than law enforcement officials,
18		other regulatory agencies that have an appropriate regulatory
19		interest as determined by the Secretary, or a party presenting
20		a lawful subpoena to the Department. Information and documents
21		disclosed to a federal, State, county, or local law enforcement
22		agency shall not be disclosed by the agency for any purpose to
23		any other agency or person. A formal complaint filed against a
24		licensee by the Department or any order issued by the
25		Department against a licensee or applicant shall be a public

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1		record, except as otherwise prohibited by law.
2		(225 ILCS 335/11.7 new)
3		Sec. 11.7. Order or certified copy; prima facie proof. An
4		order or a certified copy thereof, over the seal of the
5		Department and purporting to be signed by the Secretary, shall
6		be prima facie proof that:
7		(1) the signature is the genuine signature of the
8		Secretary; and
9		(2) the Secretary is duly appointed and qualified.
10		(225 ILCS 335/11.8 new)
11		Sec. 11.8. Surrender of license. Upon the revocation or
12		suspension of any license, the licensee shall immediately
13		surrender the license or licenses to the Department. If the
14		licensee fails to do so, the Department shall have the right to
15		seize the license.
16		(225 ILCS 335/11.9 new)
17		Sec. 11.9. Suspension of license for failure to pay
18		restitution. The Department, without further process or
19		hearing, shall suspend the license or other authorization to
20		practice of any person issued under this Act who has been
21		certified by court order as not having paid restitution to a
22		person under Section 8A-3.5 of the Illinois Public Aid Code or
23		under Section 17-10.5 or 46-1 of the Criminal Code of 1961 or

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1		the Criminal Code of 2012. A person whose license or other
2		authorization to practice is suspended under this Section is
3		prohibited from practicing until the restitution is made in
4		full.
5		(225 ILCS 335/11.10 new)
6		Sec. 11.10. Citations.
7		(a) The Department may adopt rules to permit the issuance
8		of citations for non-frivolous complaints. The citation shall
9		list the person's name and address, a brief factual statement,
10		the Sections of the Act or rules allegedly violated, the
11		penalty imposed, and, if applicable, the licensee's license
12		number. The citation must clearly state that the person may
13		choose, in lieu of accepting the citation, to request a
14		hearing. If the person does not dispute the matter in the
15		citation with the Department within 30 days after the citation
16		is served, then the citation shall become a final order and
17		shall constitute discipline. The penalty shall be a fine or
18		other conditions as established by rule.
19		(b) The Department shall adopt rules designating
20		violations for which a citation may be issued. Such rules shall
21		designate as citation violations those violations for which
22		there is no substantial threat to the public health, safety,
23		and welfare. Citations shall not be utilized if there was any
24		significant consumer harm resulting from the violation.
25		(c) A citation must be issued within 6 months after the

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1		reporting of a violation that is the basis for the citation.
2		(d) Service of a citation may be made by personal service
3		or certified mail to the person at the person's last known
4		address of record or, if applicable, the licensee's address of
5		record.
6		(225 ILCS 335/8 rep.)
7		(225 ILCS 335/9.12 rep.)
8		(225 ILCS 335/10b rep.)
9		Section 20. The Illinois Roofing Industry Licensing Act is
10		amended by repealing Sections 8, 9.12, and 10b.
11		Section 99. Effective date. This Act takes effect upon
12		becoming law.