Sen. Emil Jones, III

Filed: 5/28/2021

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1 AMENDMENT TO HOUSE BILL 806

2 AMENDMENT NO. ______. Amend House Bill 806 by replacing

3 everything after the enacting clause with the following:

4 "Section 5. The Regulatory Sunset Act is amended by

5 changing Sections 4.32 and 4.37 as follows:

6 (5 ILCS 80/4.32)

7 Sec. 4.32. Acts repealed on January 1, 2022. The following

8 Acts are repealed on January 1, 2022:

9 ~~The Boxing and Full-contact Martial Arts Act.~~

10 ~~The Cemetery Oversight Act.~~

11 The Collateral Recovery Act.

12 ~~The Community Association Manager Licensing and~~

13 ~~Disciplinary Act.~~

14 The Crematory Regulation Act.

15 ~~The Detection of Deception Examiners Act.~~

16 ~~The Home Inspector License Act.~~

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1 The Illinois Health Information Exchange and Technology

2 Act.

3 ~~The Medical Practice Act of 1987.~~

4 ~~The Registered Interior Designers Act.~~

5 ~~The Massage Licensing Act.~~

6 ~~The Petroleum Equipment Contractors Licensing Act.~~

7 ~~The Radiation Protection Act of 1990.~~

8 ~~The Real Estate Appraiser Licensing Act of 2002.~~

9 The Water Well and Pump Installation Contractor's License

10 Act.

11 (Source: P.A. 100-920, eff. 8-17-18; 101-316, eff. 8-9-19;

12 101-614, eff. 12-20-19; 101-639, eff. 6-12-20.)

13 (5 ILCS 80/4.37)

14 Sec. 4.37. Acts and Articles repealed on January 1, 2027.

15 The following are repealed on January 1, 2027:

16 The Clinical Psychologist Licensing Act.

17 The Illinois Optometric Practice Act of 1987.

18 Articles II, III, IV, V, VI, VIIA, VIIB, VIIC, XVII, XXXI,

19 XXXI 1/4, and XXXI 3/4 of the Illinois Insurance Code.

20 The Boiler and Pressure Vessel Repairer Regulation Act.

21 The Marriage and Family Therapy Licensing Act.

22 The Boxing and Full-contact Martial Arts Act.

23 The Cemetery Oversight Act.

24 The Community Association Manager Licensing and

25 Disciplinary Act.

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1 The Detection of Deception Examiners Act.

2 The Home Inspector License Act.

3 The Massage Licensing Act.

4 The Medical Practice Act of 1987.

5 The Petroleum Equipment Contractors Licensing Act.

6 The Radiation Protection Act of 1990.

7 The Real Estate Appraiser Licensing Act of 2002.

8 The Registered Interior Designers Act.

9 (Source: P.A. 99-572, eff. 7-15-16; 99-909, eff. 12-16-16;

10 99-910, eff. 12-16-16; 99-911, eff. 12-16-16; 100-201, eff.

11 8-18-17; 100-372, eff. 8-25-17.)

12 Section 10. The Department of Professional Regulation Law

13 of the Civil Administrative Code of Illinois is amended by

14 changing Sections 2105-35 and 2105-120 as follows:

15 (20 ILCS 2105/2105-35)

16 Sec. 2105-35. Prohibited uses of roster of information.

17 Notwithstanding any other provision of law to the contrary,

18 any roster of information including, but not limited to, the

19 licensee's name, address, and profession, shall not be used by

20 a third party for the purpose of marketing goods or services

21 not related to the licensee's profession. Rosters provided by

22 the Department shall comply with the requirements set forth

23 under the Freedom of Information Act.

24 (Source: P.A. 96-978, eff. 7-2-10.)

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1 (20 ILCS 2105/2105-120) (was 20 ILCS 2105/60g)

2 Sec. 2105-120. Board's report; licensee's or applicant's

3 motion for rehearing.

4 (a) The board shall present to the Secretary ~~Director~~ its

5 written report of its findings and recommendations. A copy of

6 the report shall be served upon the licensee or applicant,

7 either personally or by mail or email as provided in Section

8 2105-100 for the service of the notice. The Secretary may

9 issue an order that deviates from the board's report and is not

10 required to provide the board with an explanation of the

11 deviation.

12 (b) Within 20 days after the service required under

13 subsection (a), the licensee or applicant may present to the

14 Department a motion in writing for a rehearing. The written

15 motion shall specify the particular grounds for a rehearing.

16 If the licensee or applicant orders and pays for a transcript

17 of the record as provided in Section 2105-115, the time

18 elapsing thereafter and before the transcript is ready for

19 delivery to the licensee or applicant shall not be counted as

20 part of the 20 days.

21 (Source: P.A. 99-227, eff. 8-3-15; 100-262, eff. 8-22-17.)

22 Section 15. The Massage Licensing Act is amended by

23 changing Sections 1, 10, 15, 25, 32, 45, 50, 60, and 95 and by

24 adding Section 12 as follows:

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1 (225 ILCS 57/1)

2 (Section scheduled to be repealed on January 1, 2022)

3 Sec. 1. Short title. This Act may be cited as the Massage

4 Therapy Practice ~~Licensing~~ Act.

5 (Source: P.A. 92-860, eff. 6-1-03.)

6 (225 ILCS 57/10)

7 (Section scheduled to be repealed on January 1, 2022)

8 Sec. 10. Definitions. As used in this Act:

9 "Address of Record" means the designated address recorded

10 by the Department in the applicant's or licensee's application

11 file or license file as maintained by the Department's

12 licensure maintenance unit. It is the duty of the applicant or

13 licensee to inform the Department of any change of address and

14 those changes must be made either through the Department's

15 website or by contacting the Department.

16 "Approved massage school" means a facility which meets

17 minimum standards for training and curriculum as determined by

18 the Department.

19 "Board" means the Massage Licensing Board appointed by the

20 Secretary.

21 "Compensation" means the payment, loan, advance, donation,

22 contribution, deposit, or gift of money or anything of value.

23 "Department" means the Department of Financial and

24 Professional Regulation.

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1 "Email address of record" means the designated email

2 address recorded by the Department in the applicant's

3 application file or the licensee's license file, as maintained

4 by the Department's licensure maintenance unit.

5 "Massage" or "massage therapy" means a system of

6 structured palpation or movement of the soft tissue of the

7 body. The system may include, but is not limited to,

8 techniques such as effleurage or stroking and gliding,

9 petrissage or kneading, tapotement or percussion, friction,

10 vibration, compression, and stretching activities as they

11 pertain to massage therapy. These techniques may be applied by

12 a licensed massage therapist with or without the aid of

13 lubricants, salt or herbal preparations, hydromassage, thermal

14 massage, or a massage device that mimics or enhances the

15 actions possible by human hands. The purpose of the practice

16 of massage, as licensed under this Act, is to enhance the

17 general health and well-being of the mind and body of the

18 recipient. "Massage" does not include the diagnosis of a

19 specific pathology. "Massage" does not include those acts of

20 physical therapy or therapeutic or corrective measures that

21 are outside the scope of massage therapy practice as defined

22 in this Section.

23 "Massage therapist" means a person who is licensed by the

24 Department and administers massage for compensation.

25 "Professional massage or bodywork therapy association"

26 means a state or nationally chartered organization that is

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1 devoted to the massage specialty and therapeutic approach and

2 meets the following requirements:

3 (1) The organization requires that its members meet

4 minimum educational requirements. The educational

5 requirements must include anatomy, physiology, hygiene,

6 sanitation, ethics, technical theory, and application of

7 techniques.

8 (2) The organization has an established code of ethics

9 and has procedures for the suspension and revocation of

10 membership of persons violating the code of ethics.

11 "Secretary" means the Secretary of Financial and

12 Professional Regulation.

13 (Source: P.A. 97-514, eff. 8-23-11.)

14 (225 ILCS 57/12 new)

15 Sec. 12. Address of record; email address of record. All

16 applicants and licensees shall:

17 (1) provide a valid address and email address to the

18 Department, which shall serve as the address of record and

19 email address of record, respectively, at the time of

20 application for licensure or renewal of a license; and

21 (2) inform the Department of any change of address of

22 record or email address of record within 14 days after

23 such change either through the Department's website or by

24 contacting the Department's licensure maintenance unit.

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1 (225 ILCS 57/15)

2 (Section scheduled to be repealed on January 1, 2022)

3 Sec. 15. Licensure requirements.

4 (a) Persons engaged in massage for compensation must be

5 licensed by the Department. The Department shall issue a

6 license to an individual who meets all of the following

7 requirements:

8 (1) The applicant has applied in writing on the

9 prescribed forms and has paid the required fees.

10 (2) The applicant is at least 18 years of age and of

11 good moral character. In determining good moral character,

12 the Department may take into consideration conviction of

13 any crime under the laws of the United States or any state

14 or territory thereof that is a felony or a misdemeanor or

15 any crime that is directly related to the practice of the

16 profession. Such a conviction shall not operate

17 automatically as a complete bar to a license, except in

18 the case of any conviction for prostitution, rape, or

19 sexual misconduct, or where the applicant is a registered

20 sex offender.

21 (3) The applicant has ~~met one of the following~~

22 ~~requirements: (A) has~~ successfully completed a massage

23 therapy program approved by the Department that requires a

24 minimum of 500 hours, except applicants applying on or

25 after January 1, 2014 shall meet a minimum requirement of

26 600 hours, and has passed a competency examination

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1 approved by the Department. ~~; (B) holds a current license~~

2 ~~from another jurisdiction having licensure requirements~~

3 ~~that include the completion of a massage therapy program~~

4 ~~of at least 500 hours; or (C) (blank).~~

5 (b) Each applicant for licensure as a massage therapist

6 shall have his or her fingerprints submitted to the Department

7 of State Police in an electronic format that complies with the

8 form and manner for requesting and furnishing criminal history

9 record information as prescribed by the Department of State

10 Police. These fingerprints shall be checked against the

11 Department of State Police and Federal Bureau of Investigation

12 criminal history record databases now and hereafter filed. The

13 Department of State Police shall charge applicants a fee for

14 conducting the criminal history records check, which shall be

15 deposited into the State Police Services Fund and shall not

16 exceed the actual cost of the records check. The Department of

17 State Police shall furnish, pursuant to positive

18 identification, records of Illinois convictions to the

19 Department. The Department may require applicants to pay a

20 separate fingerprinting fee, either to the Department or to a

21 vendor. The Department, in its discretion, may allow an

22 applicant who does not have reasonable access to a designated

23 vendor to provide his or her fingerprints in an alternative

24 manner. The Department may adopt any rules necessary to

25 implement this Section.

26 (Source: P.A. 97-514, eff. 8-23-11.)

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1 (225 ILCS 57/25)

2 (Section scheduled to be repealed on January 1, 2022)

3 Sec. 25. Exemptions.

4 (a) This Act does not prohibit a person licensed under any

5 other Act in this State from engaging in the practice for which

6 he or she is licensed.

7 (b) Persons exempted under this Section include, but are

8 not limited to, physicians, podiatric physicians, naprapaths,

9 and physical therapists.

10 (c) Nothing in this Act prohibits qualified members of

11 other professional groups, including but not limited to

12 nurses, occupational therapists, cosmetologists, and

13 estheticians, from performing massage in a manner consistent

14 with their training and the code of ethics of their respective

15 professions.

16 (d) Nothing in this Act prohibits a student of an approved

17 massage school or program from performing massage, provided

18 that the student does not hold himself or herself out as a

19 licensed massage therapist and does not receive compensation,

20 including tips, for massage therapy services.

21 (e) Nothing in this Act prohibits practitioners that do

22 not involve intentional soft tissue manipulation, including

23 but not limited to Alexander Technique, Feldenkrais, Reike,

24 and Therapeutic Touch, from practicing.

25 (f) Practitioners of certain service marked bodywork

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1 approaches that do involve intentional soft tissue

2 manipulation, including but not limited to Rolfing, Trager

3 Approach, Polarity Therapy, and Orthobionomy, are exempt from

4 this Act if they are approved by their governing body based on

5 a minimum level of training, demonstration of competency, and

6 adherence to ethical standards.

7 (g) Until January 1, 2024 ~~2020~~, ~~practitioners of Asian~~

8 ~~bodywork approaches are exempt from this Act if they are~~

9 members of the American Organization for ~~of~~ Bodywork Therapies

10 of Asia are exempt from licensure under this Act ~~as certified~~

11 ~~practitioners or if they are approved by an Asian bodywork~~

12 ~~organization based on a minimum level of training,~~

13 ~~demonstration of competency, and adherence to ethical~~

14 ~~standards set by their governing body~~.

15 (h) Practitioners of other forms of bodywork who restrict

16 manipulation of soft tissue to the feet, hands, and ears, and

17 who do not have the client disrobe, such as reflexology, are

18 exempt from this Act.

19 (i) Nothing in this Act applies to massage therapists from

20 other states or countries when providing educational programs

21 ~~or services~~for a period not exceeding 30 days within a

22 calendar year.

23 (j) Nothing in this Act prohibits a person from treating

24 ailments by spiritual means through prayer alone in accordance

25 with the tenets and practices of a recognized church or

26 religious denomination.

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1 (k) Nothing in this Act applies to the practice of massage

2 therapy by a person either actively licensed as a massage

3 therapist in another state or currently certified by the

4 National Certification Board of Therapeutic Massage and

5 Bodywork or other national certifying body if said person's

6 state does not license massage therapists, if he or she is

7 performing his or her duties for a Department-approved

8 educational program for less than 30 days in a calendar year, a

9 Department-approved continuing education program for less than

10 30 days in a calendar year, a non-Illinois based team or

11 professional organization, or for a national athletic event

12 held in this State, so long as he or she restricts his or her

13 practice to his or her team or organization or to event

14 participants during the course of his or her team's or

15 organization's stay in this State or for the duration of the

16 event.

17 (Source: P.A. 101-421, eff. 8-16-19.)

18 (225 ILCS 57/32)

19 (Section scheduled to be repealed on January 1, 2022)

20 Sec. 32. Display. Every holder of a license shall display

21 it, or a copy, in a conspicuous place in the holder's principal

22 office or any other location where the holder renders massage

23 therapy services. Every displayed license shall have the

24 license number visible.

25 (Source: P.A. 97-514, eff. 8-23-11.)

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1 (225 ILCS 57/45)

2 (Section scheduled to be repealed on January 1, 2022)

3 Sec. 45. Grounds for discipline.

4 (a) The Department may refuse to issue or renew, or may

5 revoke, suspend, place on probation, reprimand, or take other

6 disciplinary or non-disciplinary action, as the Department

7 considers appropriate, including the imposition of fines not

8 to exceed $10,000 for each violation, with regard to any

9 license or licensee for any one or more of the following:

10 (1) violations of this Act or of the rules adopted

11 under this Act;

12 (2) conviction by plea of guilty or nolo contendere,

13 finding of guilt, jury verdict, or entry of judgment or by

14 sentencing of any crime, including, but not limited to,

15 convictions, preceding sentences of supervision,

16 conditional discharge, or first offender probation, under

17 the laws of any jurisdiction of the United States: (i)

18 that is a felony; or (ii) that is a misdemeanor, an

19 essential element of which is dishonesty, or that is

20 directly related to the practice of the profession;

21 (3) professional incompetence;

22 (4) advertising in a false, deceptive, or misleading

23 manner, including failing to use the massage therapist's

24 own license number in an advertisement;

25 (5) aiding, abetting, assisting, procuring, advising,

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1 employing, or contracting with any unlicensed person to

2 practice massage contrary to any rules or provisions of

3 this Act;

4 (6) engaging in immoral conduct in the commission of

5 any act, such as sexual abuse, sexual misconduct, or

6 sexual exploitation, related to the licensee's practice;

7 (7) engaging in dishonorable, unethical, or

8 unprofessional conduct of a character likely to deceive,

9 defraud, or harm the public;

10 (8) practicing or offering to practice beyond the

11 scope permitted by law or accepting and performing

12 professional responsibilities which the licensee knows or

13 has reason to know that he or she is not competent to

14 perform;

15 (9) knowingly delegating professional

16 responsibilities to a person unqualified by training,

17 experience, or licensure to perform;

18 (10) failing to provide information in response to a

19 written request made by the Department within 60 days;

20 (11) having a habitual or excessive use of or

21 addiction to alcohol, narcotics, stimulants, or any other

22 chemical agent or drug which results in the inability to

23 practice with reasonable judgment, skill, or safety;

24 (12) having a pattern of practice or other behavior

25 that demonstrates incapacity or incompetence to practice

26 under this Act;

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1 (13) discipline by another state, District of

2 Columbia, territory, or foreign nation, if at least one of

3 the grounds for the discipline is the same or

4 substantially equivalent to those set forth in this

5 Section;

6 (14) a finding by the Department that the licensee,

7 after having his or her license placed on probationary

8 status, has violated the terms of probation;

9 (15) willfully making or filing false records or

10 reports in his or her practice, including, but not limited

11 to, false records filed with State agencies or

12 departments;

13 (16) making a material misstatement in furnishing

14 information to the Department or otherwise making

15 misleading, deceptive, untrue, or fraudulent

16 representations in violation of this Act or otherwise in

17 the practice of the profession;

18 (17) fraud or misrepresentation in applying for or

19 procuring a license under this Act or in connection with

20 applying for renewal of a license under this Act;

21 (18) inability to practice the profession with

22 reasonable judgment, skill, or safety as a result of

23 physical illness, including, but not limited to,

24 deterioration through the aging process, loss of motor

25 skill, or a mental illness or disability;

26 (19) charging for professional services not rendered,

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1 including filing false statements for the collection of

2 fees for which services are not rendered;

3 (20) practicing under a false or, except as provided

4 by law, an assumed name; or

5 (21) cheating on or attempting to subvert the

6 licensing examination administered under this Act.

7 All fines shall be paid within 60 days of the effective

8 date of the order imposing the fine.

9 (b) A person not licensed under this Act and engaged in the

10 business of offering massage therapy services through others,

11 shall not aid, abet, assist, procure, advise, employ, or

12 contract with any unlicensed person to practice massage

13 therapy contrary to any rules or provisions of this Act. A

14 person violating this subsection (b) shall be treated as a

15 licensee for the purposes of disciplinary action under this

16 Section and shall be subject to cease and desist orders as

17 provided in Section 90 of this Act.

18 (c) The Department shall revoke any license issued under

19 this Act of any person who is convicted of prostitution, rape,

20 sexual misconduct, or any crime that subjects the licensee to

21 compliance with the requirements of the Sex Offender

22 Registration Act and any such conviction shall operate as a

23 permanent bar in the State of Illinois to practice as a massage

24 therapist.

25 (d) The Department may refuse to issue or may suspend the

26 license of any person who fails to file a tax return, to pay

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1 the tax, penalty, or interest shown in a filed tax return, or

2 to pay any final assessment of tax, penalty, or interest, as

3 required by any tax Act administered by the Illinois

4 Department of Revenue, until such time as the requirements of

5 the tax Act are satisfied in accordance with subsection (g) of

6 Section 2105-15 of the Civil Administrative Code of Illinois.

7 (e) (Blank).

8 (f) In cases where the Department of Healthcare and Family

9 Services has previously determined that a licensee or a

10 potential licensee is more than 30 days delinquent in the

11 payment of child support and has subsequently certified the

12 delinquency to the Department, the Department may refuse to

13 issue or renew or may revoke or suspend that person's license

14 or may take other disciplinary action against that person

15 based solely upon the certification of delinquency made by the

16 Department of Healthcare and Family Services in accordance

17 with item (5) of subsection (a) of Section 2105-15 of the Civil

18 Administrative Code of Illinois.

19 (g) The determination by a circuit court that a licensee

20 is subject to involuntary admission or judicial admission, as

21 provided in the Mental Health and Developmental Disabilities

22 Code, operates as an automatic suspension. The suspension will

23 end only upon a finding by a court that the patient is no

24 longer subject to involuntary admission or judicial admission

25 and the issuance of a court order so finding and discharging

26 the patient.

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1 (h) In enforcing this Act, the Department or Board, upon a

2 showing of a possible violation, may compel an individual

3 licensed to practice under this Act, or who has applied for

4 licensure under this Act, to submit to a mental or physical

5 examination, or both, as required by and at the expense of the

6 Department. The Department or Board may order the examining

7 physician to present testimony concerning the mental or

8 physical examination of the licensee or applicant. No

9 information shall be excluded by reason of any common law or

10 statutory privilege relating to communications between the

11 licensee or applicant and the examining physician. The

12 examining physicians shall be specifically designated by the

13 Board or Department. The individual to be examined may have,

14 at his or her own expense, another physician of his or her

15 choice present during all aspects of this examination. The

16 examination shall be performed by a physician licensed to

17 practice medicine in all its branches. Failure of an

18 individual to submit to a mental or physical examination, when

19 directed, shall result in an automatic suspension without

20 hearing.

21 A person holding a license under this Act or who has

22 applied for a license under this Act who, because of a physical

23 or mental illness or disability, including, but not limited

24 to, deterioration through the aging process or loss of motor

25 skill, is unable to practice the profession with reasonable

26 judgment, skill, or safety, may be required by the Department

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1 to submit to care, counseling, or treatment by physicians

2 approved or designated by the Department as a condition, term,

3 or restriction for continued, reinstated, or renewed licensure

4 to practice. Submission to care, counseling, or treatment as

5 required by the Department shall not be considered discipline

6 of a license. If the licensee refuses to enter into a care,

7 counseling, or treatment agreement or fails to abide by the

8 terms of the agreement, the Department may file a complaint to

9 revoke, suspend, or otherwise discipline the license of the

10 individual. The Secretary may order the license suspended

11 immediately, pending a hearing by the Department. Fines shall

12 not be assessed in disciplinary actions involving physical or

13 mental illness or impairment.

14 In instances in which the Secretary immediately suspends a

15 person's license under this Section, a hearing on that

16 person's license must be convened by the Department within 15

17 days after the suspension and completed without appreciable

18 delay. The Department and Board shall have the authority to

19 review the subject individual's record of treatment and

20 counseling regarding the impairment to the extent permitted by

21 applicable federal statutes and regulations safeguarding the

22 confidentiality of medical records.

23 An individual licensed under this Act and affected under

24 this Section shall be afforded an opportunity to demonstrate

25 to the Department or Board that he or she can resume practice

26 in compliance with acceptable and prevailing standards under

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1 the provisions of his or her license.

2 (Source: P.A. 100-872, eff. 8-14-18.)

3 (225 ILCS 57/50)

4 (Section scheduled to be repealed on January 1, 2022)

5 Sec. 50. Advertising. It is a misdemeanor for any person,

6 organization, or corporation to advertise massage services

7 unless the person providing the service holds a valid license

8 under this Act, except for those excluded licensed

9 professionals who are allowed to include massage in their

10 scope of practice. A massage therapist may not advertise

11 unless he or she has a current license issued by this State.A

12 massage therapist shall include the current license number

13 issued by the Department on all advertisements in accordance

14 with paragraph (4) of subsection (a) of Section 45.

15 "Advertise" as used in this Section includes, but is not

16 limited to, the issuance of any card, sign, or device to any

17 person; the causing, permitting, or allowing of any sign or

18 marking on or in any building, vehicle, or structure;

19 advertising in any newspaper or magazine; any listing or

20 advertising in any directory under a classification or heading

21 that includes the words "massage", "massage therapist",

22 "therapeutic massage", or "massage therapeutic"; or

23 commercials broadcast by any means.

24 (Source: P.A. 92-860, eff. 6-1-03.)

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1 (225 ILCS 57/60)

2 (Section scheduled to be repealed on January 1, 2022)

3 Sec. 60. Illinois Administrative Procedure Act. The

4 Illinois Administrative Procedure Act is hereby expressly

5 adopted and incorporated herein as if all of the provisions of

6 that Act were included in this Act, except that the provision

7 of subsection (d) of Section 10-65 of the Illinois

8 Administrative Procedure Act that provides that at hearings

9 the licensee has the right to show compliance with all lawful

10 requirements for retention, continuation, or renewal of the

11 license is specifically excluded. For the purposes of this Act

12 the notice required under Section 10-25 of theIllinois

13 Administrative Procedure Act is deemed sufficient when mailed

14 to the address of record or emailed to the email address of

15 record of a party.

16 (Source: P.A. 97-514, eff. 8-23-11.)

17 (225 ILCS 57/95)

18 (Section scheduled to be repealed on January 1, 2022)

19 Sec. 95. Investigations; notice and hearing. The

20 Department may investigate the actions of any applicant or of

21 any person or persons rendering or offering to render massage

22 therapy services or any person holding or claiming to hold a

23 license as a massage therapist. The Department shall, before

24 refusing to issue or renew a license or to discipline a

25 licensee under Section 45, at least 30 days prior to the date

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1 set for the hearing, (i) notify the accused in writing of the

2 charges made and the time and place for the hearing on the

3 charges, (ii) direct him or her to file a written answer with

4 the Department under oath within 20 days after the service of

5 the notice, and (iii) inform the applicant or licensee that

6 failure to file an answer will result in a default judgment

7 being entered against the applicant or licensee. At the time

8 and place fixed in the notice, the Department shall proceed to

9 hear the charges and the parties of their counsel shall be

10 accorded ample opportunity to present any pertinent

11 statements, testimony, evidence, and arguments. The Department

12 may continue the hearing from time to time. In case the person,

13 after receiving the notice, fails to file an answer, his or her

14 license may, in the discretion of the Department, be revoked,

15 suspended, placed on probationary status, or the Department

16 may take whatever disciplinary actions considered proper,

17 including limiting the scope, nature, or extent of the

18 person's practice or the imposition of a fine, without a

19 hearing, if the act or acts charged constitute sufficient

20 grounds for that action under the Act. The written notice may

21 be served by personal delivery, ~~or~~ by certified mail to the

22 accused's address of record, or by email to the accused's

23 email address of record.

24 (Source: P.A. 97-514, eff. 8-23-11.)

25 Section 20. The Medical Practice Act of 1987 is amended by

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1 changing Sections 2, 7, 7.5, 8, 8.1, 9, 9.3, 17, 18, 19, 21,

2 22, 23, 24, 25, 35, 36, 37, 38, 39, 40, 41, 42, 44, and 47 and

3 by adding Sections 7.1 and 7.2 as follows:

4 (225 ILCS 60/2) (from Ch. 111, par. 4400-2)

5 (Section scheduled to be repealed on January 1, 2022)

6 Sec. 2. Definitions. For purposes of this Act, the

7 following definitions shall have the following meanings,

8 except where the context requires otherwise:

9 "Act" means the Medical Practice Act of 1987.

10 "Address of record" means the designated address recorded

11 by the Department in the applicant's or licensee's application

12 file or license file as maintained by the Department's

13 licensure maintenance unit.

14 "Chiropractic physician" means a person licensed to treat

15 human ailments without the use of drugs and without operative

16 surgery. Nothing in this Act shall be construed to prohibit a

17 chiropractic physician from providing advice regarding the use

18 of non-prescription products or from administering atmospheric

19 oxygen. Nothing in this Act shall be construed to authorize a

20 chiropractic physician to prescribe drugs.

21 "Department" means the Department of Financial and

22 Professional Regulation.

23 "Disciplinary action" means revocation, suspension,

24 probation, supervision, practice modification, reprimand,

25 required education, fines or any other action taken by the

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1 Department against a person holding a license.

2 ~~"Disciplinary Board" means the Medical Disciplinary Board.~~

3 "Email address of record" means the designated email

4 address recorded by the Department in the applicant's

5 application file or the licensee's license file, as maintained

6 by the Department's licensure maintenance unit.

7 "Final determination" means the governing body's final

8 action taken under the procedure followed by a health care

9 institution, or professional association or society, against

10 any person licensed under the Act in accordance with the

11 bylaws or rules and regulations of such health care

12 institution, or professional association or society.

13 "Fund" means the Illinois State Medical Disciplinary Fund.

14 "Impaired" means the inability to practice medicine with

15 reasonable skill and safety due to physical or mental

16 disabilities as evidenced by a written determination or

17 written consent based on clinical evidence including

18 deterioration through the aging process or loss of motor

19 skill, or abuse of drugs or alcohol, of sufficient degree to

20 diminish a person's ability to deliver competent patient care.

21 ~~"Licensing Board" means the Medical Licensing Board.~~

22 "Medical Board" means the Illinois State Medical Board.

23 "Physician" means a person licensed under the Medical

24 Practice Act to practice medicine in all of its branches or a

25 chiropractic physician.

26 "Professional association" means an association or society

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1 of persons licensed under this Act, and operating within the

2 State of Illinois, including but not limited to, medical

3 societies, osteopathic organizations, and chiropractic

4 organizations, but this term shall not be deemed to include

5 hospital medical staffs.

6 "Program of care, counseling, or treatment" means a

7 written schedule of organized treatment, care, counseling,

8 activities, or education, satisfactory to the Medical

9 ~~Disciplinary~~Board, designed for the purpose of restoring an

10 impaired person to a condition whereby the impaired person can

11 practice medicine with reasonable skill and safety of a

12 sufficient degree to deliver competent patient care.

13 "Reinstate" means to change the status of a license from

14 inactive or nonrenewed status to active status.

15 "Restore" means to remove an encumbrance from a license

16 due to probation, suspension, or revocation.

17 "Secretary" means the Secretary ~~of the Department~~ of

18 Financial and Professional Regulation.

19 (Source: P.A. 99-933, eff. 1-27-17; 100-429, eff. 8-25-17.)

20 (225 ILCS 60/7) (from Ch. 111, par. 4400-7)

21 (Section scheduled to be repealed on January 1, 2022)

22 Sec. 7. Medical Disciplinary Board.

23 (A) There is hereby created the Illinois State Medical

24 Disciplinary Board. The Disciplinary Board shall consist of 11

25 members, to be appointed by the Governor by and with the advice

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1 and consent of the Senate. All members shall be residents of

2 the State, not more than 6 of whom shall be members of the same

3 political party. All members shall be voting members. Five

4 members shall be physicians licensed to practice medicine in

5 all of its branches in Illinois possessing the degree of

6 doctor of medicine. One member shall be a physician licensed

7 to practice medicine in all its branches in Illinois

8 possessing the degree of doctor of osteopathy or osteopathic

9 medicine. One member shall be a chiropractic physician

10 licensed to practice in Illinois and possessing the degree of

11 doctor of chiropractic. Four members shall be members of the

12 public, who shall not be engaged in any way, directly or

13 indirectly, as providers of health care.

14 (B) Members of the Disciplinary Board shall be appointed

15 for terms of 4 years. Upon the expiration of the term of any

16 member, their successor shall be appointed for a term of 4

17 years by the Governor by and with the advice and consent of the

18 Senate. The Governor shall fill any vacancy for the remainder

19 of the unexpired term with the advice and consent of the

20 Senate. Upon recommendation of the Board, any member of the

21 Disciplinary Board may be removed by the Governor for

22 misfeasance, malfeasance, or wilful neglect of duty, after

23 notice, and a public hearing, unless such notice and hearing

24 shall be expressly waived in writing. Each member shall serve

25 on the Disciplinary Board until their successor is appointed

26 and qualified. No member of the Disciplinary Board shall serve

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1 more than 2 consecutive 4 year terms.

2 In making appointments the Governor shall attempt to

3 insure that the various social and geographic regions of the

4 State of Illinois are properly represented.

5 In making the designation of persons to act for the

6 several professions represented on the Disciplinary Board, the

7 Governor shall give due consideration to recommendations by

8 members of the respective professions and by organizations

9 therein.

10 (C) The Disciplinary Board shall annually elect one of its

11 voting members as chairperson and one as vice chairperson. No

12 officer shall be elected more than twice in succession to the

13 same office. Each officer shall serve until their successor

14 has been elected and qualified.

15 (D) (Blank).

16 (E) Six voting members of the Disciplinary Board, at least

17 4 of whom are physicians, shall constitute a quorum. A vacancy

18 in the membership of the Disciplinary Board shall not impair

19 the right of a quorum to exercise all the rights and perform

20 all the duties of the Disciplinary Board. Any action taken by

21 the Disciplinary Board under this Act may be authorized by

22 resolution at any regular or special meeting and each such

23 resolution shall take effect immediately. The Disciplinary

24 Board shall meet at least quarterly.

25 (F) Each member, and member-officer, of the Disciplinary

26 Board shall receive a per diem stipend as the Secretary shall

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1 determine. Each member shall be paid their necessary expenses

2 while engaged in the performance of their duties.

3 (G) The Secretary shall select a Chief Medical Coordinator

4 and not less than 2 Deputy Medical Coordinators who shall not

5 be members of the Disciplinary Board. Each medical coordinator

6 shall be a physician licensed to practice medicine in all of

7 its branches, and the Secretary shall set their rates of

8 compensation. The Secretary shall assign at least one medical

9 coordinator to a region composed of Cook County and such other

10 counties as the Secretary may deem appropriate, and such

11 medical coordinator or coordinators shall locate their office

12 in Chicago. The Secretary shall assign at least one medical

13 coordinator to a region composed of the balance of counties in

14 the State, and such medical coordinator or coordinators shall

15 locate their office in Springfield. The Chief Medical

16 Coordinator shall be the chief enforcement officer of this

17 Act. None of the functions, powers, or duties of the

18 Department with respect to policies regarding enforcement or

19 discipline under this Act, including the adoption of such

20 rules as may be necessary for the administration of this Act,

21 shall be exercised by the Department except upon review of the

22 Disciplinary Board.

23 The Secretary shall employ, in conformity with the

24 Personnel Code, investigators who are college graduates with

25 at least 2 years of investigative experience or one year of

26 advanced medical education. Upon the written request of the

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1 Disciplinary Board, the Secretary shall employ, in conformity

2 with the Personnel Code, such other professional, technical,

3 investigative, and clerical help, either on a full or

4 part-time basis as the Disciplinary Board deems necessary for

5 the proper performance of its duties.

6 (H) Upon the specific request of the Disciplinary Board,

7 signed by either the chairperson, vice chairperson, or a

8 medical coordinator of the Disciplinary Board, the Department

9 of Human Services, the Department of Healthcare and Family

10 Services, the Department of State Police, or any other law

11 enforcement agency located in this State shall make available

12 any and all information that they have in their possession

13 regarding a particular case then under investigation by the

14 Disciplinary Board.

15 (I) Members of the Disciplinary Board shall be immune from

16 suit in any action based upon any disciplinary proceedings or

17 other acts performed in good faith as members of the

18 Disciplinary Board.

19 (J) The Disciplinary Board may compile and establish a

20 statewide roster of physicians and other medical

21 professionals, including the several medical specialties, of

22 such physicians and medical professionals, who have agreed to

23 serve from time to time as advisors to the medical

24 coordinators. Such advisors shall assist the medical

25 coordinators or the Disciplinary Board in their investigations

26 and participation in complaints against physicians. Such

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1 advisors shall serve under contract and shall be reimbursed at

2 a reasonable rate for the services provided, plus reasonable

3 expenses incurred. While serving in this capacity, the

4 advisor, for any act undertaken in good faith and in the

5 conduct of his or her duties under this Section, shall be

6 immune from civil suit.

7 (K) This Section is inoperative when a majority of the

8 Medical Board is appointed. This Section is repealed one year

9 after the effective date of this amendatory Act of the 102nd

10 General Assembly.

11 (Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14.)

12 (225 ILCS 60/7.1 new)

13 Sec. 7.1. Medical Board.

14 (A) There is hereby created the Illinois State Medical

15 Board. The Medical Board shall consist of 17 members, to be

16 appointed by the Governor by and with the advice and consent of

17 the Senate. All members shall be residents of the State, not

18 more than 8 of whom shall be members of the same political

19 party. All members shall be voting members. Eight members

20 shall be physicians licensed to practice medicine in all of

21 its branches in Illinois possessing the degree of doctor of

22 medicine. Two members shall be physicians licensed to practice

23 medicine in all its branches in Illinois possessing the degree

24 of doctor of osteopathy or osteopathic medicine. Two of the

25 physician members shall be physicians who collaborate with

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1 physician assistants. Two members shall be chiropractic

2 physicians licensed to practice in Illinois and possessing the

3 degree of doctor of chiropractic. Two members shall be

4 physician assistants licensed to practice in Illinois. Three

5 members shall be members of the public, who shall not be

6 engaged in any way, directly or indirectly, as providers of

7 health care.

8 (B) Members of the Medical Board shall be appointed for

9 terms of 4 years. Upon the expiration of the term of any

10 member, their successor shall be appointed for a term of 4

11 years by the Governor by and with the advice and consent of the

12 Senate. The Governor shall fill any vacancy for the remainder

13 of the unexpired term with the advice and consent of the

14 Senate. Upon recommendation of the Medical Board, any member

15 of the Medical Board may be removed by the Governor for

16 misfeasance, malfeasance, or willful neglect of duty, after

17 notice, and a public hearing, unless such notice and hearing

18 shall be expressly waived in writing. Each member shall serve

19 on the Medical Board until their successor is appointed and

20 qualified. No member of the Medical Board shall serve more

21 than 2 consecutive 4-year terms.

22 In making appointments the Governor shall attempt to

23 ensure that the various social and geographic regions of the

24 State of Illinois are properly represented.

25 In making the designation of persons to act for the

26 several professions represented on the Medical Board, the

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1 Governor shall give due consideration to recommendations by

2 members of the respective professions and by organizations

3 therein.

4 (C) The Medical Board shall annually elect one of its

5 voting members as chairperson and one as vice chairperson. No

6 officer shall be elected more than twice in succession to the

7 same office. Each officer shall serve until their successor

8 has been elected and qualified.

9 (D) A majority of the Medical Board members currently

10 appointed shall constitute a quorum. A vacancy in the

11 membership of the Medical Board shall not impair the right of a

12 quorum to exercise all the rights and perform all the duties of

13 the Medical Board. Any action taken by the Medical Board under

14 this Act may be authorized by resolution at any regular or

15 special meeting and each such resolution shall take effect

16 immediately. The Medical Board shall meet at least quarterly.

17 (E) Each member shall be paid their necessary expenses

18 while engaged in the performance of their duties.

19 (F) The Secretary shall select a Chief Medical Coordinator

20 and not less than 2 Deputy Medical Coordinators who shall not

21 be members of the Medical Board. Each medical coordinator

22 shall be a physician licensed to practice medicine in all of

23 its branches, and the Secretary shall set their rates of

24 compensation. The Secretary shall assign at least one medical

25 coordinator to a region composed of Cook County and such other

26 counties as the Secretary may deem appropriate, and such

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1 medical coordinator or coordinators shall locate their office

2 in Chicago. The Secretary shall assign at least one medical

3 coordinator to a region composed of the balance of counties in

4 the State, and such medical coordinator or coordinators shall

5 locate their office in Springfield. The Chief Medical

6 Coordinator shall be the chief enforcement officer of this

7 Act. None of the functions, powers, or duties of the

8 Department with respect to policies regarding enforcement or

9 discipline under this Act, including the adoption of such

10 rules as may be necessary for the administration of this Act,

11 shall be exercised by the Department except upon review of the

12 Medical Board.

13 (G) The Secretary shall employ, in conformity with the

14 Personnel Code, investigators who are college graduates with

15 at least 2 years of investigative experience or one year of

16 advanced medical education. Upon the written request of the

17 Medical Board, the Secretary shall employ, in conformity with

18 the Personnel Code, such other professional, technical,

19 investigative, and clerical help, either on a full or

20 part-time basis as the Medical Board deems necessary for the

21 proper performance of its duties.

22 (H) Upon the specific request of the Medical Board, signed

23 by either the chairperson, vice chairperson, or a medical

24 coordinator of the Medical Board, the Department of Human

25 Services, the Department of Healthcare and Family Services,

26 the Department of State Police, or any other law enforcement

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1 agency located in this State shall make available any and all

2 information that they have in their possession regarding a

3 particular case then under investigation by the Medical Board.

4 (I) Members of the Medical Board shall be immune from suit

5 in any action based upon any disciplinary proceedings or other

6 acts performed in good faith as members of the Medical Board.

7 (J) The Medical Board may compile and establish a

8 statewide roster of physicians and other medical

9 professionals, including the several medical specialties, of

10 such physicians and medical professionals, who have agreed to

11 serve from time to time as advisors to the medical

12 coordinators. Such advisors shall assist the medical

13 coordinators or the Medical Board in their investigations and

14 participation in complaints against physicians. Such advisors

15 shall serve under contract and shall be reimbursed at a

16 reasonable rate for the services provided, plus reasonable

17 expenses incurred. While serving in this capacity, the

18 advisor, for any act undertaken in good faith and in the

19 conduct of his or her duties under this Section, shall be

20 immune from civil suit.

21 (225 ILCS 60/7.2 new)

22 Sec. 7.2. Medical Board appointment. All members of the

23 Medical Licensing Board and the Medical Disciplinary Board

24 shall serve as members of the Medical Board. A majority of the

25 Medical Board members shall be appointed within 260 days after

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1 the effective date of this amendatory Act of the 102nd General

2 Assembly. The Medical Licensing Board and Medical Disciplinary

3 Board shall exercise all functions, powers, and duties

4 enumerated in this Act to the Medical Board. All functions,

5 powers, and duties enumerated in this Act to the Medical

6 Licensing Board and Medical Disciplinary Board shall dissolve

7 at such time when a majority of the Medical Board is appointed.

8 This Section is repealed one year after the effective date of

9 this amendatory Act of the 102nd General Assembly.

10 (225 ILCS 60/7.5)

11 (Section scheduled to be repealed on January 1, 2022)

12 Sec. 7.5. Complaint Committee.

13 (a) There shall be a Complaint Committee of the Medical

14 ~~Disciplinary~~Board composed of at least one of the medical

15 coordinators established by subsection (G) of Section 7 of

16 this Act, the Chief of Medical Investigations (person employed

17 by the Department who is in charge of investigating complaints

18 against physicians and physician assistants), the Chief of

19 Medical Prosecutions (the person employed by the Department

20 who is in charge of prosecuting formal complaints against

21 physicians and physician assistants), and at least 3 members

22 of the Medical~~Disciplinary~~ Board (at least 2 of whom shall be

23 physicians) designated by the Chairperson of theMedical

24 ~~Disciplinary~~ Board with the approval of the Medical

25 ~~Disciplinary~~ Board.

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1 (b) The Complaint Committee shall meet at least twice a

2 month to exercise its functions and duties set forth in

3 subsection (c) below. At least 2 members of theMedical

4 ~~Disciplinary~~Board shall be in attendance in order for any

5 business to be transacted by the Complaint Committee. The

6 Complaint Committee shall make every effort to consider

7 expeditiously and take prompt action on each item on its

8 agenda.

9 (c) The Complaint Committee shall have the following

10 duties and functions:

11 (1) To recommend to the Medical ~~Disciplinary~~ Board

12 that a complaint file be closed.

13 (2) To refer a complaint file to the office of the

14 Chief of Medical Prosecutions for review.

15 (3) To make a decision in conjunction with the Chief

16 of Medical Prosecutions regarding action to be taken on a

17 complaint file.

18 (d) In determining what action to take or whether to

19 proceed with prosecution of a complaint, the Complaint

20 Committee shall consider, but not be limited to, the following

21 factors: sufficiency of the evidence presented, prosecutorial

22 merit under Section 22 of this Act, any recommendation made by

23 the Department, and insufficient cooperation from complaining

24 parties.

25 (e) Notwithstanding any provision of this Act, the

26 Department may close a complaint, after investigation and

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1 approval of the Chief Medical Coordinator without review of

2 the Complaint Committee, in which the allegations of the

3 complaint if proven would not constitute a violation of the

4 Act, there is insufficient evidence to prove a violation of

5 the Act, or there is insufficient cooperation from complaining

6 parties, as determined by the Department.

7 (Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14.)

8 (225 ILCS 60/8) (from Ch. 111, par. 4400-8)

9 (Section scheduled to be repealed on January 1, 2022)

10 Sec. 8. Medical Licensing Board.

11 (A) There is hereby created a Medical Licensing Board. The

12 Licensing Board shall be composed of 7 members, to be

13 appointed by the Governor by and with the advice and consent of

14 the Senate; 5 of whom shall be reputable physicians licensed

15 to practice medicine in all of its branches in Illinois,

16 possessing the degree of doctor of medicine; one member shall

17 be a reputable physician licensed in Illinois to practice

18 medicine in all of its branches, possessing the degree of

19 doctor of osteopathy or osteopathic medicine; and one member

20 shall be a reputable chiropractic physician licensed to

21 practice in Illinois and possessing the degree of doctor of

22 chiropractic. Of the 5 members holding the degree of doctor of

23 medicine, one shall be a full-time or part-time teacher of

24 professorial rank in the clinical department of an Illinois

25 school of medicine.

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1 (B) Members of the Licensing Board shall be appointed for

2 terms of 4 years, and until their successors are appointed and

3 qualified. Appointments to fill vacancies shall be made in the

4 same manner as original appointments, for the unexpired

5 portion of the vacated term. No more than 4 members of the

6 Licensing Board shall be members of the same political party

7 and all members shall be residents of this State. No member of

8 the Licensing Board may be appointed to more than 2 successive

9 4 year terms.

10 (C) Members of the Licensing Board shall be immune from

11 suit in any action based upon any licensing proceedings or

12 other acts performed in good faith as members of the Licensing

13 Board.

14 (D) (Blank).

15 (E) The Licensing Board shall annually elect one of its

16 members as chairperson and one as vice chairperson. No member

17 shall be elected more than twice in succession to the same

18 office. Each officer shall serve until his or her successor

19 has been elected and qualified.

20 (F) None of the functions, powers or duties of the

21 Department with respect to policies regarding licensure and

22 examination under this Act, including the promulgation of such

23 rules as may be necessary for the administration of this Act,

24 shall be exercised by the Department except upon review of the

25 Licensing Board.

26 (G) The Licensing Board shall receive the same

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1 compensation as the members of the Disciplinary Board, which

2 compensation shall be paid out of the Illinois State Medical

3 Disciplinary Fund.

4 (H) This Section is inoperative when a majority of the

5 Medical Board is appointed. This Section is repealed one year

6 after the effective date of this amendatory Act of the 102nd

7 General Assembly.

8 (Source: P.A. 97-622, eff. 11-23-11.)

9 (225 ILCS 60/8.1)

10 (Section scheduled to be repealed on January 1, 2022)

11 Sec. 8.1. Matters concerning advanced practice registered

12 nurses. Any proposed rules, amendments, second notice

13 materials and adopted rule or amendment materials, and policy

14 statements concerning advanced practice registered nurses

15 shall be presented to the Medical ~~Licensing~~ Board for review

16 and comment. The recommendations of both the Board of Nursing

17 and the Medical ~~Licensing~~ Board shall be presented to the

18 Secretary for consideration in making final decisions.

19 Whenever the Board of Nursing and the Medical ~~Licensing~~ Board

20 disagree on a proposed rule or policy, the Secretary shall

21 convene a joint meeting of the officers of each Board to

22 discuss the resolution of any such disagreements.

23 (Source: P.A. 100-513, eff. 1-1-18.)

24 (225 ILCS 60/9) (from Ch. 111, par. 4400-9)

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1 (Section scheduled to be repealed on January 1, 2022)

2 Sec. 9. Application for license. Each applicant for a

3 license shall:

4 (A) Make application on blank forms prepared and

5 furnished by the Department.

6 (B) Submit evidence satisfactory to the Department

7 that the applicant:

8 (1) is of good moral character. In determining

9 moral character under this Section, the Department may

10 take into consideration whether the applicant has

11 engaged in conduct or activities which would

12 constitute grounds for discipline under this Act. The

13 Department may also request the applicant to submit,

14 and may consider as evidence of moral character,

15 endorsements from 2 or 3 individuals licensed under

16 this Act;

17 (2) has the preliminary and professional education

18 required by this Act;

19 (3) (blank); and

20 (4) is physically, mentally, and professionally

21 capable of practicing medicine with reasonable

22 judgment, skill, and safety. In determining physical

23 and mental capacity under this Section, theMedical

24 ~~Licensing~~Board may, upon a showing of a possible

25 incapacity or conduct or activities that would

26 constitute grounds for discipline under this Act,

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1 compel any applicant to submit to a mental or physical

2 examination and evaluation, or both, as provided for

3 in Section 22 of this Act. The Medical ~~Licensing~~ Board

4 may condition or restrict any license, subject to the

5 same terms and conditions as are provided for the

6 Medical ~~Disciplinary~~Board under Section 22 of this

7 Act. Any such condition of a restricted license shall

8 provide that the Chief Medical Coordinator or Deputy

9 Medical Coordinator shall have the authority to review

10 the subject physician's compliance with such

11 conditions or restrictions, including, where

12 appropriate, the physician's record of treatment and

13 counseling regarding the impairment, to the extent

14 permitted by applicable federal statutes and

15 regulations safeguarding the confidentiality of

16 medical records of patients.

17 In determining professional capacity under this

18 Section, an individual may be required to complete such

19 additional testing, training, or remedial education as the

20 Medical ~~Licensing~~Board may deem necessary in order to

21 establish the applicant's present capacity to practice

22 medicine with reasonable judgment, skill, and safety. The

23 Medical ~~Licensing~~ Board may consider the following

24 criteria, as they relate to an applicant, as part of its

25 determination of professional capacity:

26 (1) Medical research in an established research

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1 facility, hospital, college or university, or private

2 corporation.

3 (2) Specialized training or education.

4 (3) Publication of original work in learned,

5 medical, or scientific journals.

6 (4) Participation in federal, State, local, or

7 international public health programs or organizations.

8 (5) Professional service in a federal veterans or

9 military institution.

10 (6) Any other professional activities deemed to

11 maintain and enhance the clinical capabilities of the

12 applicant.

13 Any applicant applying for a license to practice

14 medicine in all of its branches or for a license as a

15 chiropractic physician who has not been engaged in the

16 active practice of medicine or has not been enrolled in a

17 medical program for 2 years prior to application must

18 submit proof of professional capacity to the Medical

19 ~~Licensing~~ Board.

20 Any applicant applying for a temporary license that

21 has not been engaged in the active practice of medicine or

22 has not been enrolled in a medical program for longer than

23 5 years prior to application must submit proof of

24 professional capacity to the Medical ~~Licensing~~ Board.

25 (C) Designate specifically the name, location, and

26 kind of professional school, college, or institution of

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1 which the applicant is a graduate and the category under

2 which the applicant seeks, and will undertake, to

3 practice.

4 (D) Pay to the Department at the time of application

5 the required fees.

6 (E) Pursuant to Department rules, as required, pass an

7 examination authorized by the Department to determine the

8 applicant's fitness to receive a license.

9 (F) Complete the application process within 3 years

10 from the date of application. If the process has not been

11 completed within 3 years, the application shall expire,

12 application fees shall be forfeited, and the applicant

13 must reapply and meet the requirements in effect at the

14 time of reapplication.

15 (Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14.)

16 (225 ILCS 60/9.3)

17 (Section scheduled to be repealed on January 1, 2022)

18 Sec. 9.3. Withdrawal of application. Any applicant

19 applying for a license or permit under this Act may withdraw

20 his or her application at any time. If an applicant withdraws

21 his or her application after receipt of a written Notice of

22 Intent to Deny License or Permit, then the withdrawal shall be

23 reported to the Federation of State Medical Boards ~~and the~~

24 ~~National Practitioner Data Bank~~.

25 (Source: P.A. 98-601, eff. 12-30-13; 98-1140, eff. 12-30-14.)

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1 (225 ILCS 60/17) (from Ch. 111, par. 4400-17)

2 (Section scheduled to be repealed on January 1, 2022)

3 Sec. 17. Temporary license. Persons holding the degree of

4 Doctor of Medicine, persons holding the degree of Doctor of

5 Osteopathy or Doctor of Osteopathic Medicine, and persons

6 holding the degree of Doctor of Chiropractic or persons who

7 have satisfied the requirements therefor and are eligible to

8 receive such degree from a medical, osteopathic, or

9 chiropractic school, who wish to pursue programs of graduate

10 or specialty training in this State, may receive without

11 examination, in the discretion of the Department, a 3-year

12 temporary license. In order to receive a 3-year temporary

13 license hereunder, an applicant shall submit evidence

14 satisfactory to the Department that the applicant:

15 (A) Is of good moral character. In determining moral

16 character under this Section, the Department may take into

17 consideration whether the applicant has engaged in conduct

18 or activities which would constitute grounds for

19 discipline under this Act. The Department may also request

20 the applicant to submit, and may consider as evidence of

21 moral character, endorsements from 2 or 3 individuals

22 licensed under this Act;

23 (B) Has been accepted or appointed for specialty or

24 residency training by a hospital situated in this State or

25 a training program in hospitals or facilities maintained

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1 by the State of Illinois or affiliated training facilities

2 which is approved by the Department for the purpose of

3 such training under this Act. The applicant shall indicate

4 the beginning and ending dates of the period for which the

5 applicant has been accepted or appointed;

6 (C) Has or will satisfy the professional education

7 requirements of Section 11 of this Act which are effective

8 at the date of application except for postgraduate

9 clinical training;

10 (D) Is physically, mentally, and professionally

11 capable of practicing medicine or treating human ailments

12 without the use of drugs and without operative surgery

13 with reasonable judgment, skill, and safety. In

14 determining physical, mental and professional capacity

15 under this Section, the Medical ~~Licensing~~Board may, upon

16 a showing of a possible incapacity, compel an applicant to

17 submit to a mental or physical examination and evaluation,

18 or both, and may condition or restrict any temporary

19 license, subject to the same terms and conditions as are

20 provided for theMedical ~~Disciplinary~~ Board under Section

21 22 of this Act. Any such condition of restricted temporary

22 license shall provide that the Chief Medical Coordinator

23 or Deputy Medical Coordinator shall have the authority to

24 review the subject physician's compliance with such

25 conditions or restrictions, including, where appropriate,

26 the physician's record of treatment and counseling

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1 regarding the impairment, to the extent permitted by

2 applicable federal statutes and regulations safeguarding

3 the confidentiality of medical records of patients.

4 Three-year temporary licenses issued pursuant to this

5 Section shall be valid only for the period of time designated

6 therein, and may be extended or renewed pursuant to the rules

7 of the Department, and if a temporary license is thereafter

8 extended, it shall not extend beyond completion of the

9 residency program. The holder of a valid 3-year temporary

10 license shall be entitled thereby to perform only such acts as

11 may be prescribed by and incidental to his or her program of

12 residency training; he or she shall not be entitled to

13 otherwise engage in the practice of medicine in this State

14 unless fully licensed in this State.

15 A 3-year temporary license may be revoked or suspended by

16 the Department upon proof that the holder thereof has engaged

17 in the practice of medicine in this State outside of the

18 program of his or her residency or specialty training, or if

19 the holder shall fail to supply the Department, within 10 days

20 of its request, with information as to his or her current

21 status and activities in his or her specialty training

22 program. Such a revocation or suspension shall comply with the

23 procedures set forth in subsection (d) of Section 37 of this

24 Act.

25 (Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14.)

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1 (225 ILCS 60/18) (from Ch. 111, par. 4400-18)

2 (Section scheduled to be repealed on January 1, 2022)

3 Sec. 18. Visiting professor, physician, or resident

4 permits.

5 (A) Visiting professor permit.

6 (1) A visiting professor permit shall entitle a person

7 to practice medicine in all of its branches or to practice

8 the treatment of human ailments without the use of drugs

9 and without operative surgery provided:

10 (a) the person maintains an equivalent

11 authorization to practice medicine in all of its

12 branches or to practice the treatment of human

13 ailments without the use of drugs and without

14 operative surgery in good standing in his or her

15 native licensing jurisdiction during the period of the

16 visiting professor permit;

17 (b) the person has received a faculty appointment

18 to teach in a medical, osteopathic or chiropractic

19 school in Illinois; and

20 (c) the Department may prescribe the information

21 necessary to establish an applicant's eligibility for

22 a permit. This information shall include without

23 limitation (i) a statement from the dean of the

24 medical school at which the applicant will be employed

25 describing the applicant's qualifications and (ii) a

26 statement from the dean of the medical school listing

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1 every affiliated institution in which the applicant

2 will be providing instruction as part of the medical

3 school's education program and justifying any clinical

4 activities at each of the institutions listed by the

5 dean.

6 (2) Application for visiting professor permits shall

7 be made to the Department, in writing, on forms prescribed

8 by the Department and shall be accompanied by the required

9 fee established by rule, which shall not be refundable.

10 Any application shall require the information as, in the

11 judgment of the Department, will enable the Department to

12 pass on the qualifications of the applicant.

13 (3) A visiting professor permit shall be valid for no

14 longer than 2 years from the date of issuance or until the

15 time the faculty appointment is terminated, whichever

16 occurs first, and may be renewed only in accordance with

17 subdivision (A)(6) of this Section.

18 (4) The applicant may be required to appear before the

19 Medical~~Licensing~~ Board for an interview prior to, and as

20 a requirement for, the issuance of the original permit and

21 the renewal.

22 (5) Persons holding a permit under this Section shall

23 only practice medicine in all of its branches or practice

24 the treatment of human ailments without the use of drugs

25 and without operative surgery in the State of Illinois in

26 their official capacity under their contract within the

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1 medical school itself and any affiliated institution in

2 which the permit holder is providing instruction as part

3 of the medical school's educational program and for which

4 the medical school has assumed direct responsibility.

5 (6) After the initial renewal of a visiting professor

6 permit, a visiting professor permit shall be valid until

7 the last day of the next physician license renewal period,

8 as set by rule, and may only be renewed for applicants who

9 meet the following requirements:

10 (i) have obtained the required continuing

11 education hours as set by rule; and

12 (ii) have paid the fee prescribed for a license

13 under Section 21 of this Act.

14 For initial renewal, the visiting professor must

15 successfully pass a general competency examination authorized

16 by the Department by rule, unless he or she was issued an

17 initial visiting professor permit on or after January 1, 2007,

18 but prior to July 1, 2007.

19 (B) Visiting physician permit.

20 (1) The Department may, in its discretion, issue a

21 temporary visiting physician permit, without examination,

22 provided:

23 (a) (blank);

24 (b) that the person maintains an equivalent

25 authorization to practice medicine in all of its

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1 branches or to practice the treatment of human

2 ailments without the use of drugs and without

3 operative surgery in good standing in his or her

4 native licensing jurisdiction during the period of the

5 temporary visiting physician permit;

6 (c) that the person has received an invitation or

7 appointment to study, demonstrate, or perform a

8 specific medical, osteopathic, chiropractic or

9 clinical subject or technique in a medical,

10 osteopathic, or chiropractic school, a state or

11 national medical, osteopathic, or chiropractic

12 professional association or society conference or

13 meeting, a hospital licensed under the Hospital

14 Licensing Act, a hospital organized under the

15 University of Illinois Hospital Act, or a facility

16 operated pursuant to the Ambulatory Surgical Treatment

17 Center Act; and

18 (d) that the temporary visiting physician permit

19 shall only permit the holder to practice medicine in

20 all of its branches or practice the treatment of human

21 ailments without the use of drugs and without

22 operative surgery within the scope of the medical,

23 osteopathic, chiropractic, or clinical studies, or in

24 conjunction with the state or national medical,

25 osteopathic, or chiropractic professional association

26 or society conference or meeting, for which the holder

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1 was invited or appointed.

2 (2) The application for the temporary visiting

3 physician permit shall be made to the Department, in

4 writing, on forms prescribed by the Department, and shall

5 be accompanied by the required fee established by rule,

6 which shall not be refundable. The application shall

7 require information that, in the judgment of the

8 Department, will enable the Department to pass on the

9 qualification of the applicant, and the necessity for the

10 granting of a temporary visiting physician permit.

11 (3) A temporary visiting physician permit shall be

12 valid for no longer than (i) 180 days from the date of

13 issuance or (ii) until the time the medical, osteopathic,

14 chiropractic, or clinical studies are completed, or the

15 state or national medical, osteopathic, or chiropractic

16 professional association or society conference or meeting

17 has concluded, whichever occurs first. The temporary

18 visiting physician permit may be issued multiple times to

19 a visiting physician under this paragraph (3) as long as

20 the total number of days it is active do not exceed 180

21 days within a 365-day period.

22 (4) The applicant for a temporary visiting physician

23 permit may be required to appear before theMedical

24 ~~Licensing~~Board for an interview prior to, and as a

25 requirement for, the issuance of a temporary visiting

26 physician permit.

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1 (5) A limited temporary visiting physician permit

2 shall be issued to a physician licensed in another state

3 who has been requested to perform emergency procedures in

4 Illinois if he or she meets the requirements as

5 established by rule.

6 (C) Visiting resident permit.

7 (1) The Department may, in its discretion, issue a

8 temporary visiting resident permit, without examination,

9 provided:

10 (a) (blank);

11 (b) that the person maintains an equivalent

12 authorization to practice medicine in all of its

13 branches or to practice the treatment of human

14 ailments without the use of drugs and without

15 operative surgery in good standing in his or her

16 native licensing jurisdiction during the period of the

17 temporary visiting resident permit;

18 (c) that the applicant is enrolled in a

19 postgraduate clinical training program outside the

20 State of Illinois that is approved by the Department;

21 (d) that the individual has been invited or

22 appointed for a specific period of time to perform a

23 portion of that post graduate clinical training

24 program under the supervision of an Illinois licensed

25 physician in an Illinois patient care clinic or

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1 facility that is affiliated with the out-of-State post

2 graduate training program; and

3 (e) that the temporary visiting resident permit

4 shall only permit the holder to practice medicine in

5 all of its branches or practice the treatment of human

6 ailments without the use of drugs and without

7 operative surgery within the scope of the medical,

8 osteopathic, chiropractic or clinical studies for

9 which the holder was invited or appointed.

10 (2) The application for the temporary visiting

11 resident permit shall be made to the Department, in

12 writing, on forms prescribed by the Department, and shall

13 be accompanied by the required fee established by rule.

14 The application shall require information that, in the

15 judgment of the Department, will enable the Department to

16 pass on the qualifications of the applicant.

17 (3) A temporary visiting resident permit shall be

18 valid for 180 days from the date of issuance or until the

19 time the medical, osteopathic, chiropractic, or clinical

20 studies are completed, whichever occurs first.

21 (4) The applicant for a temporary visiting resident

22 permit may be required to appear before theMedical

23 ~~Licensing~~Board for an interview prior to, and as a

24 requirement for, the issuance of a temporary visiting

25 resident permit.

26 (Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14.)

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1 (225 ILCS 60/19) (from Ch. 111, par. 4400-19)

2 (Section scheduled to be repealed on January 1, 2022)

3 Sec. 19. Licensure by endorsement. The Department may, in

4 its discretion, issue a license by endorsement to any person

5 who is currently licensed to practice medicine in all of its

6 branches, or a chiropractic physician, in any other state,

7 territory, country or province, upon the following conditions

8 and submitting evidence satisfactory to the Department of the

9 following:

10 (A) (Blank);

11 (B) That the applicant is of good moral character. In

12 determining moral character under this Section, the

13 Department may take into consideration whether the

14 applicant has engaged in conduct or activities which would

15 constitute grounds for discipline under this Act. The

16 Department may also request the applicant to submit, and

17 may consider as evidence of moral character, endorsements

18 from 2 or 3 individuals licensed under this Act;

19 (C) That the applicant is physically, mentally and

20 professionally capable of practicing medicine with

21 reasonable judgment, skill and safety. In determining

22 physical, mental and professional capacity under this

23 Section the Medical ~~Licensing~~Board may, upon a showing of

24 a possible incapacity, compel an applicant to submit to a

25 mental or physical examination and evaluation, or both, in

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1 the same manner as provided in Section 22 and may

2 condition or restrict any license, subject to the same

3 terms and conditions as are provided for theMedical

4 ~~Disciplinary~~Board under Section 22 of this Act.

5 (D) That if the applicant seeks to practice medicine

6 in all of its branches:

7 (1) if the applicant was licensed in another

8 jurisdiction prior to January 1, 1988, that the

9 applicant has satisfied the educational requirements

10 of paragraph (1) of subsection (A) or paragraph (2) of

11 subsection (A) of Section 11 of this Act; or

12 (2) if the applicant was licensed in another

13 jurisdiction after December 31, 1987, that the

14 applicant has satisfied the educational requirements

15 of paragraph (A)(2) of Section 11 of this Act; and

16 (3) the requirements for a license to practice

17 medicine in all of its branches in the particular

18 state, territory, country or province in which the

19 applicant is licensed are deemed by the Department to

20 have been substantially equivalent to the requirements

21 for a license to practice medicine in all of its

22 branches in force in this State at the date of the

23 applicant's license;

24 (E) That if the applicant seeks to treat human

25 ailments without the use of drugs and without operative

26 surgery:

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1 (1) the applicant is a graduate of a chiropractic

2 school or college approved by the Department at the

3 time of their graduation;

4 (2) the requirements for the applicant's license

5 to practice the treatment of human ailments without

6 the use of drugs are deemed by the Department to have

7 been substantially equivalent to the requirements for

8 a license to practice in this State at the date of the

9 applicant's license;

10 (F) That the Department may, in its discretion, issue

11 a license by endorsement to any graduate of a medical or

12 osteopathic college, reputable and in good standing in the

13 judgment of the Department, who has passed an examination

14 for admission to the United States Public Health Service,

15 or who has passed any other examination deemed by the

16 Department to have been at least equal in all substantial

17 respects to the examination required for admission to any

18 such medical corps;

19 (G) That applications for licenses by endorsement

20 shall be filed with the Department, under oath, on forms

21 prepared and furnished by the Department, and shall set

22 forth, and applicants therefor shall supply such

23 information respecting the life, education, professional

24 practice, and moral character of applicants as the

25 Department may require to be filed for its use;

26 (H) That the applicant undergo the criminal background

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1 check established under Section 9.7 of this Act.

2 In the exercise of its discretion under this Section, the

3 Department is empowered to consider and evaluate each

4 applicant on an individual basis. It may take into account,

5 among other things: the extent to which the applicant will

6 bring unique experience and skills to the State of Illinois or

7 the extent to which there is or is not available to the

8 Department authentic and definitive information concerning the

9 quality of medical education and clinical training which the

10 applicant has had. Under no circumstances shall a license be

11 issued under the provisions of this Section to any person who

12 has previously taken and failed the written examination

13 conducted by the Department for such license. In the exercise

14 of its discretion under this Section, the Department may

15 require an applicant to successfully complete an examination

16 as recommended by the Medical ~~Licensing~~ Board. The Department

17 may also request the applicant to submit, and may consider as

18 evidence of moral character, evidence from 2 or 3 individuals

19 licensed under this Act. Applicants have 3 years from the date

20 of application to complete the application process. If the

21 process has not been completed within 3 years, the application

22 shall be denied, the fees shall be forfeited, and the

23 applicant must reapply and meet the requirements in effect at

24 the time of reapplication.

25 (Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14.)

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1 (225 ILCS 60/21) (from Ch. 111, par. 4400-21)

2 (Section scheduled to be repealed on January 1, 2022)

3 Sec. 21. License renewal; reinstatement; inactive status;

4 disposition and collection of fees.

5 (A) Renewal. The expiration date and renewal period for

6 each license issued under this Act shall be set by rule. The

7 holder of a license may renew the license by paying the

8 required fee. The holder of a license may also renew the

9 license within 90 days after its expiration by complying with

10 the requirements for renewal and payment of an additional fee.

11 A license renewal within 90 days after expiration shall be

12 effective retroactively to the expiration date.

13 The Department shall attempt to provide through electronic

14 means to each licensee under this Act, at least 60 days in

15 advance of the expiration date of his or her license, a renewal

16 notice. No such license shall be deemed to have lapsed until 90

17 days after the expiration date and after the Department has

18 attempted to provide such notice as herein provided.

19 (B) Reinstatement. Any licensee who has permitted his or

20 her license to lapse or who has had his or her license on

21 inactive status may have his or her license reinstated by

22 making application to the Department and filing proof

23 acceptable to the Department of his or her fitness to have the

24 license reinstated, including evidence certifying to active

25 practice in another jurisdiction satisfactory to the

26 Department, proof of meeting the continuing education

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1 requirements for one renewal period, and by paying the

2 required reinstatement fee.

3 If the licensee has not maintained an active practice in

4 another jurisdiction satisfactory to the Department, the

5 Medical~~Licensing~~ Board shall determine, by an evaluation

6 program established by rule, the applicant's fitness to resume

7 active status and may require the licensee to complete a

8 period of evaluated clinical experience and may require

9 successful completion of a practical examination specified by

10 the Medical ~~Licensing~~ Board.

11 However, any registrant whose license has expired while he

12 or she has been engaged (a) in Federal Service on active duty

13 with the Army of the United States, the United States Navy, the

14 Marine Corps, the Air Force, the Coast Guard, the Public

15 Health Service or the State Militia called into the service or

16 training of the United States of America, or (b) in training or

17 education under the supervision of the United States

18 preliminary to induction into the military service, may have

19 his or her license reinstated without paying any lapsed

20 renewal fees, if within 2 years after honorable termination of

21 such service, training, or education, he or she furnishes to

22 the Department with satisfactory evidence to the effect that

23 he or she has been so engaged and that his or her service,

24 training, or education has been so terminated.

25 (C) Inactive licenses. Any licensee who notifies the

26 Department, in writing on forms prescribed by the Department,

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1 may elect to place his or her license on an inactive status and

2 shall, subject to rules of the Department, be excused from

3 payment of renewal fees until he or she notifies the

4 Department in writing of his or her desire to resume active

5 status.

6 Any licensee requesting reinstatement from inactive status

7 shall be required to pay the current renewal fee, provide

8 proof of meeting the continuing education requirements for the

9 period of time the license is inactive not to exceed one

10 renewal period, and shall be required to reinstate his or her

11 license as provided in subsection (B).

12 Any licensee whose license is in an inactive status shall

13 not practice in the State of Illinois.

14 (D) Disposition of monies collected. All monies collected

15 under this Act by the Department shall be deposited in the

16 Illinois State Medical Disciplinary Fund in the State

17 Treasury, and used only for the following purposes: (a) by the

18 Medical ~~Disciplinary Board and Licensing~~ Board in the exercise

19 of its powers and performance of its duties, as such use is

20 made by the Department with full consideration of all

21 recommendations of the Medical~~Disciplinary Board and~~

22 ~~Licensing~~Board, (b) for costs directly related to persons

23 licensed under this Act, and (c) for direct and allocable

24 indirect costs related to the public purposes of the

25 Department.

26 Moneys in the Fund may be transferred to the Professions

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1 Indirect Cost Fund as authorized under Section 2105-300 of the

2 Department of Professional Regulation Law of the Civil

3 Administrative Code of Illinois.

4 All earnings received from investment of monies in the

5 Illinois State Medical Disciplinary Fund shall be deposited in

6 the Illinois State Medical Disciplinary Fund and shall be used

7 for the same purposes as fees deposited in such Fund.

8 (E) Fees. The following fees are nonrefundable.

9 (1) Applicants for any examination shall be required

10 to pay, either to the Department or to the designated

11 testing service, a fee covering the cost of determining

12 the applicant's eligibility and providing the examination.

13 Failure to appear for the examination on the scheduled

14 date, at the time and place specified, after the

15 applicant's application for examination has been received

16 and acknowledged by the Department or the designated

17 testing service, shall result in the forfeiture of the

18 examination fee.

19 (2) Before July 1, 2018, the fee for a license under

20 Section 9 of this Act is $700. Beginning on July 1, 2018,

21 the fee for a license under Section 9 of this Act is $500.

22 (3) Before July 1, 2018, the fee for a license under

23 Section 19 of this Act is $700. Beginning on July 1, 2018,

24 the fee for a license under Section 19 of this Act is $500.

25 (4) Before July 1, 2018, the fee for the renewal of a

26 license for a resident of Illinois shall be calculated at

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1 the rate of $230 per year, and beginning on July 1, 2018

2 and until January 1, 2020, the fee for the renewal of a

3 license shall be $167, except for licensees who were

4 issued a license within 12 months of the expiration date

5 of the license, before July 1, 2018, the fee for the

6 renewal shall be $230, and beginning on July 1, 2018 and

7 until January 1, 2020 that fee will be $167. Before July 1,

8 2018, the fee for the renewal of a license for a

9 nonresident shall be calculated at the rate of $460 per

10 year, and beginning on July 1, 2018 and until January 1,

11 2020, the fee for the renewal of a license for a

12 nonresident shall be $250, except for licensees who were

13 issued a license within 12 months of the expiration date

14 of the license, before July 1, 2018, the fee for the

15 renewal shall be $460, and beginning on July 1, 2018 and

16 until January 1, 2020 that fee will be $250. Beginning on

17 January 1, 2020, the fee for renewal of a license for a

18 resident or nonresident is $181 per year.

19 (5) The fee for the reinstatement of a license other

20 than from inactive status, is $230. In addition, payment

21 of all lapsed renewal fees not to exceed $1,400 is

22 required.

23 (6) The fee for a 3-year temporary license under

24 Section 17 is $230.

25 (7) The fee for the issuance of a license with a change

26 of name or address other than during the renewal period is

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1 $20. No fee is required for name and address changes on

2 Department records when no updated license is issued.

3 (8) The fee to be paid for a license record for any

4 purpose is $20.

5 (9) The fee to be paid to have the scoring of an

6 examination, administered by the Department, reviewed and

7 verified, is $20 plus any fees charged by the applicable

8 testing service.

9 (F) Any person who delivers a check or other payment to the

10 Department that is returned to the Department unpaid by the

11 financial institution upon which it is drawn shall pay to the

12 Department, in addition to the amount already owed to the

13 Department, a fine of $50. The fines imposed by this Section

14 are in addition to any other discipline provided under this

15 Act for unlicensed practice or practice on a nonrenewed

16 license. The Department shall notify the person that payment

17 of fees and fines shall be paid to the Department by certified

18 check or money order within 30 calendar days of the

19 notification. If, after the expiration of 30 days from the

20 date of the notification, the person has failed to submit the

21 necessary remittance, the Department shall automatically

22 terminate the license or permit or deny the application,

23 without hearing. If, after termination or denial, the person

24 seeks a license or permit, he or she shall apply to the

25 Department for reinstatement or issuance of the license or

26 permit and pay all fees and fines due to the Department. The

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1 Department may establish a fee for the processing of an

2 application for reinstatement of a license or permit to pay

3 all expenses of processing this application. The Secretary may

4 waive the fines due under this Section in individual cases

5 where the Secretary finds that the fines would be unreasonable

6 or unnecessarily burdensome.

7 (Source: P.A. 101-316, eff. 8-9-19; 101-603, eff. 1-1-20.)

8 (225 ILCS 60/22) (from Ch. 111, par. 4400-22)

9 (Section scheduled to be repealed on January 1, 2022)

10 Sec. 22. Disciplinary action.

11 (A) The Department may revoke, suspend, place on

12 probation, reprimand, refuse to issue or renew, or take any

13 other disciplinary or non-disciplinary action as the

14 Department may deem proper with regard to the license or

15 permit of any person issued under this Act, including imposing

16 fines not to exceed $10,000 for each violation, upon any of the

17 following grounds:

18 (1) (Blank).

19 (2) (Blank).

20 (3) A plea of guilty or nolo contendere, finding of

21 guilt, jury verdict, or entry of judgment or sentencing,

22 including, but not limited to, convictions, preceding

23 sentences of supervision, conditional discharge, or first

24 offender probation, under the laws of any jurisdiction of

25 the United States of any crime that is a felony.

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1 (4) Gross negligence in practice under this Act.

2 (5) Engaging in dishonorable, unethical, or

3 unprofessional conduct of a character likely to deceive,

4 defraud or harm the public.

5 (6) Obtaining any fee by fraud, deceit, or

6 misrepresentation.

7 (7) Habitual or excessive use or abuse of drugs

8 defined in law as controlled substances, of alcohol, or of

9 any other substances which results in the inability to

10 practice with reasonable judgment, skill, or safety.

11 (8) Practicing under a false or, except as provided by

12 law, an assumed name.

13 (9) Fraud or misrepresentation in applying for, or

14 procuring, a license under this Act or in connection with

15 applying for renewal of a license under this Act.

16 (10) Making a false or misleading statement regarding

17 their skill or the efficacy or value of the medicine,

18 treatment, or remedy prescribed by them at their direction

19 in the treatment of any disease or other condition of the

20 body or mind.

21 (11) Allowing another person or organization to use

22 their license, procured under this Act, to practice.

23 (12) Adverse action taken by another state or

24 jurisdiction against a license or other authorization to

25 practice as a medical doctor, doctor of osteopathy, doctor

26 of osteopathic medicine or doctor of chiropractic, a

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1 certified copy of the record of the action taken by the

2 other state or jurisdiction being prima facie evidence

3 thereof. This includes any adverse action taken by a State

4 or federal agency that prohibits a medical doctor, doctor

5 of osteopathy, doctor of osteopathic medicine, or doctor

6 of chiropractic from providing services to the agency's

7 participants.

8 (13) Violation of any provision of this Act or of the

9 Medical Practice Act prior to the repeal of that Act, or

10 violation of the rules, or a final administrative action

11 of the Secretary, after consideration of the

12 recommendation of the Medical ~~Disciplinary~~ Board.

13 (14) Violation of the prohibition against fee

14 splitting in Section 22.2 of this Act.

15 (15) A finding by the Medical ~~Disciplinary~~ Board that

16 the registrant after having his or her license placed on

17 probationary status or subjected to conditions or

18 restrictions violated the terms of the probation or failed

19 to comply with such terms or conditions.

20 (16) Abandonment of a patient.

21 (17) Prescribing, selling, administering,

22 distributing, giving,or self-administering any drug

23 classified as a controlled substance (designated product)

24 or narcotic for other than medically accepted therapeutic

25 purposes.

26 (18) Promotion of the sale of drugs, devices,

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1 appliances,or goods provided for a patient in such manner

2 as to exploit the patient for financial gain of the

3 physician.

4 (19) Offering, undertaking, or agreeing to cure or

5 treat disease by a secret method, procedure, treatment, or

6 medicine, or the treating, operating,or prescribing for

7 any human condition by a method, means, or procedure which

8 the licensee refuses to divulge upon demand of the

9 Department.

10 (20) Immoral conduct in the commission of any act

11 including, but not limited to, commission of an act of

12 sexual misconduct related to the licensee's practice.

13 (21) Willfully making or filing false records or

14 reports in his or her practice as a physician, including,

15 but not limited to, false records to support claims

16 against the medical assistance program of the Department

17 of Healthcare and Family Services (formerly Department of

18 Public Aid) under the Illinois Public Aid Code.

19 (22) Willful omission to file or record, or willfully

20 impeding the filing or recording, or inducing another

21 person to omit to file or record, medical reports as

22 required by law, or willfully failing to report an

23 instance of suspected abuse or neglect as required by law.

24 (23) Being named as a perpetrator in an indicated

25 report by the Department of Children and Family Services

26 under the Abused and Neglected Child Reporting Act, and

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1 upon proof by clear and convincing evidence that the

2 licensee has caused a child to be an abused child or

3 neglected child as defined in the Abused and Neglected

4 Child Reporting Act.

5 (24) Solicitation of professional patronage by any

6 corporation, agents or persons, or profiting from those

7 representing themselves to be agents of the licensee.

8 (25) Gross and willful and continued overcharging for

9 professional services, including filing false statements

10 for collection of fees for which services are not

11 rendered, including, but not limited to, filing such false

12 statements for collection of monies for services not

13 rendered from the medical assistance program of the

14 Department of Healthcare and Family Services (formerly

15 Department of Public Aid) under the Illinois Public Aid

16 Code.

17 (26) A pattern of practice or other behavior which

18 demonstrates incapacity or incompetence to practice under

19 this Act.

20 (27) Mental illness or disability which results in the

21 inability to practice under this Act with reasonable

22 judgment, skill, or safety.

23 (28) Physical illness, including, but not limited to,

24 deterioration through the aging process, or loss of motor

25 skill which results in a physician's inability to practice

26 under this Act with reasonable judgment, skill,or safety.

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1 (29) Cheating on or attempt to subvert the licensing

2 examinations administered under this Act.

3 (30) Willfully or negligently violating the

4 confidentiality between physician and patient except as

5 required by law.

6 (31) The use of any false, fraudulent, or deceptive

7 statement in any document connected with practice under

8 this Act.

9 (32) Aiding and abetting an individual not licensed

10 under this Act in the practice of a profession licensed

11 under this Act.

12 (33) Violating state or federal laws or regulations

13 relating to controlled substances, legend drugs, or

14 ephedra as defined in the Ephedra Prohibition Act.

15 (34) Failure to report to the Department any adverse

16 final action taken against them by another licensing

17 jurisdiction (any other state or any territory of the

18 United States or any foreign state or country), by any

19 peer review body, by any health care institution, by any

20 professional society or association related to practice

21 under this Act, by any governmental agency, by any law

22 enforcement agency, or by any court for acts or conduct

23 similar to acts or conduct which would constitute grounds

24 for action as defined in this Section.

25 (35) Failure to report to the Department surrender of

26 a license or authorization to practice as a medical

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1 doctor, a doctor of osteopathy, a doctor of osteopathic

2 medicine, or doctor of chiropractic in another state or

3 jurisdiction, or surrender of membership on any medical

4 staff or in any medical or professional association or

5 society, while under disciplinary investigation by any of

6 those authorities or bodies, for acts or conduct similar

7 to acts or conduct which would constitute grounds for

8 action as defined in this Section.

9 (36) Failure to report to the Department any adverse

10 judgment, settlement, or award arising from a liability

11 claim related to acts or conduct similar to acts or

12 conduct which would constitute grounds for action as

13 defined in this Section.

14 (37) Failure to provide copies of medical records as

15 required by law.

16 (38) Failure to furnish the Department, its

17 investigators or representatives, relevant information,

18 legally requested by the Department after consultation

19 with the Chief Medical Coordinator or the Deputy Medical

20 Coordinator.

21 (39) Violating the Health Care Worker Self-Referral

22 Act.

23 (40) Willful failure to provide notice when notice is

24 required under the Parental Notice of Abortion Act of

25 1995.

26 (41) Failure to establish and maintain records of

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1 patient care and treatment as required by this law.

2 (42) Entering into an excessive number of written

3 collaborative agreements with licensed advanced practice

4 registered nurses resulting in an inability to adequately

5 collaborate.

6 (43) Repeated failure to adequately collaborate with a

7 licensed advanced practice registered nurse.

8 (44) Violating the Compassionate Use of Medical

9 Cannabis Program Act.

10 (45) Entering into an excessive number of written

11 collaborative agreements with licensed prescribing

12 psychologists resulting in an inability to adequately

13 collaborate.

14 (46) Repeated failure to adequately collaborate with a

15 licensed prescribing psychologist.

16 (47) Willfully failing to report an instance of

17 suspected abuse, neglect, financial exploitation, or

18 self-neglect of an eligible adult as defined in and

19 required by the Adult Protective Services Act.

20 (48) Being named as an abuser in a verified report by

21 the Department on Aging under the Adult Protective

22 Services Act, and upon proof by clear and convincing

23 evidence that the licensee abused, neglected, or

24 financially exploited an eligible adult as defined in the

25 Adult Protective Services Act.

26 (49) Entering into an excessive number of written

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1 collaborative agreements with licensed physician

2 assistants resulting in an inability to adequately

3 collaborate.

4 (50) Repeated failure to adequately collaborate with a

5 physician assistant.

6 Except for actions involving the ground numbered (26), all

7 proceedings to suspend, revoke, place on probationary status,

8 or take any other disciplinary action as the Department may

9 deem proper, with regard to a license on any of the foregoing

10 grounds, must be commenced within 5 years next after receipt

11 by the Department of a complaint alleging the commission of or

12 notice of the conviction order for any of the acts described

13 herein. Except for the grounds numbered (8), (9), (26), and

14 (29), no action shall be commenced more than 10 years after the

15 date of the incident or act alleged to have violated this

16 Section. For actions involving the ground numbered (26), a

17 pattern of practice or other behavior includes all incidents

18 alleged to be part of the pattern of practice or other behavior

19 that occurred, or a report pursuant to Section 23 of this Act

20 received, within the 10-year period preceding the filing of

21 the complaint. In the event of the settlement of any claim or

22 cause of action in favor of the claimant or the reduction to

23 final judgment of any civil action in favor of the plaintiff,

24 such claim, cause of action,or civil action being grounded on

25 the allegation that a person licensed under this Act was

26 negligent in providing care, the Department shall have an

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1 additional period of 2 years from the date of notification to

2 the Department under Section 23 of this Act of such settlement

3 or final judgment in which to investigate and commence formal

4 disciplinary proceedings under Section 36 of this Act, except

5 as otherwise provided by law. The time during which the holder

6 of the license was outside the State of Illinois shall not be

7 included within any period of time limiting the commencement

8 of disciplinary action by the Department.

9 The entry of an order or judgment by any circuit court

10 establishing that any person holding a license under this Act

11 is a person in need of mental treatment operates as a

12 suspension of that license. That person may resume his or her

13 ~~their~~practice only upon the entry of a Departmental order

14 based upon a finding by theMedical ~~Disciplinary~~ Board that

15 the person has ~~they have~~been determined to be recovered from

16 mental illness by the court and upon the Medical ~~Disciplinary~~

17 Board's recommendation thatthe person ~~they~~ be permitted to

18 resume his or her ~~their~~ practice.

19 The Department may refuse to issue or take disciplinary

20 action concerning the license of any person who fails to file a

21 return, or to pay the tax, penalty,or interest shown in a

22 filed return, or to pay any final assessment of tax, penalty,

23 or interest, as required by any tax Act administered by the

24 Illinois Department of Revenue, until such time as the

25 requirements of any such tax Act are satisfied as determined

26 by the Illinois Department of Revenue.

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1 The Department, upon the recommendation of the Medical

2 ~~Disciplinary~~Board, shall adopt rules which set forth

3 standards to be used in determining:

4 (a) when a person will be deemed sufficiently

5 rehabilitated to warrant the public trust;

6 (b) what constitutes dishonorable, unethical, or

7 unprofessional conduct of a character likely to deceive,

8 defraud, or harm the public;

9 (c) what constitutes immoral conduct in the commission

10 of any act, including, but not limited to, commission of

11 an act of sexual misconduct related to the licensee's

12 practice; and

13 (d) what constitutes gross negligence in the practice

14 of medicine.

15 However, no such rule shall be admissible into evidence in

16 any civil action except for review of a licensing or other

17 disciplinary action under this Act.

18 In enforcing this Section, the Medical ~~Disciplinary Board~~

19 ~~or the Licensing~~Board, upon a showing of a possible

20 violation, may compel~~, in the case of the Disciplinary Board,~~

21 any individual who is licensed to practice under this Act or

22 holds a permit to practice under this Act, or~~, in the case of~~

23 ~~the Licensing Board,~~ any individual who has applied for

24 licensure or a permit pursuant to this Act, to submit to a

25 mental or physical examination and evaluation, or both, which

26 may include a substance abuse or sexual offender evaluation,

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1 as required by the Medical ~~Licensing Board or Disciplinary~~

2 Board and at the expense of the Department. The Medical

3 ~~Disciplinary Board or Licensing~~ Board shall specifically

4 designate the examining physician licensed to practice

5 medicine in all of its branches or, if applicable, the

6 multidisciplinary team involved in providing the mental or

7 physical examination and evaluation, or both. The

8 multidisciplinary team shall be led by a physician licensed to

9 practice medicine in all of its branches and may consist of one

10 or more or a combination of physicians licensed to practice

11 medicine in all of its branches, licensed chiropractic

12 physicians, licensed clinical psychologists, licensed clinical

13 social workers, licensed clinical professional counselors, and

14 other professional and administrative staff. Any examining

15 physician or member of the multidisciplinary team may require

16 any person ordered to submit to an examination and evaluation

17 pursuant to this Section to submit to any additional

18 supplemental testing deemed necessary to complete any

19 examination or evaluation process, including, but not limited

20 to, blood testing, urinalysis, psychological testing, or

21 neuropsychological testing. TheMedical ~~Disciplinary Board,~~

22 ~~the Licensing~~ Board~~,~~or the Department may order the examining

23 physician or any member of the multidisciplinary team to

24 provide to the Department~~, the Disciplinary Board,~~ or the

25 Medical ~~Licensing~~ Board any and all records, including

26 business records, that relate to the examination and

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1 evaluation, including any supplemental testing performed. The

2 Medical ~~Disciplinary Board, the Licensing~~ Board~~,~~ or the

3 Department may order the examining physician or any member of

4 the multidisciplinary team to present testimony concerning

5 this examination and evaluation of the licensee, permit

6 holder, or applicant, including testimony concerning any

7 supplemental testing or documents relating to the examination

8 and evaluation. No information, report, record, or other

9 documents in any way related to the examination and evaluation

10 shall be excluded by reason of any common law or statutory

11 privilege relating to communication between the licensee,

12 permit holder, or applicant and the examining physician or any

13 member of the multidisciplinary team. No authorization is

14 necessary from the licensee, permit holder, or applicant

15 ordered to undergo an evaluation and examination for the

16 examining physician or any member of the multidisciplinary

17 team to provide information, reports, records, or other

18 documents or to provide any testimony regarding the

19 examination and evaluation. The individual to be examined may

20 have, at his or her own expense, another physician of his or

21 her choice present during all aspects of the examination.

22 Failure of any individual to submit to mental or physical

23 examination and evaluation, or both, when directed, shall

24 result in an automatic suspension, without hearing, until such

25 time as the individual submits to the examination. If the

26 Medical ~~Disciplinary Board or Licensing~~ Board finds a

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1 physician unable to practice following an examination and

2 evaluation because of the reasons set forth in this Section,

3 the Medical ~~Disciplinary Board or Licensing~~ Board shall

4 require such physician to submit to care, counseling, or

5 treatment by physicians, or other health care professionals,

6 approved or designated by the Medical ~~Disciplinary~~ Board, as a

7 condition for issued, continued, reinstated, or renewed

8 licensure to practice. Any physician, whose license was

9 granted pursuant to Sections 9, 17, or 19 of this Act, or,

10 continued, reinstated, renewed, disciplined or supervised,

11 subject to such terms, conditions, or restrictions who shall

12 fail to comply with such terms, conditions, or restrictions,

13 or to complete a required program of care, counseling, or

14 treatment, as determined by the Chief Medical Coordinator or

15 Deputy Medical Coordinators, shall be referred to the

16 Secretary for a determination as to whether the licensee shall

17 have his or her ~~their~~license suspended immediately, pending a

18 hearing by the Medical ~~Disciplinary~~Board. In instances in

19 which the Secretary immediately suspends a license under this

20 Section, a hearing upon such person's license must be convened

21 by the Medical ~~Disciplinary~~Board within 15 days after such

22 suspension and completed without appreciable delay. The

23 Medical~~Disciplinary~~ Board shall have the authority to review

24 the subject physician's record of treatment and counseling

25 regarding the impairment, to the extent permitted by

26 applicable federal statutes and regulations safeguarding the

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1 confidentiality of medical records.

2 An individual licensed under this Act, affected under this

3 Section, shall be afforded an opportunity to demonstrate to

4 the Medical ~~Disciplinary~~ Board that he or she ~~they~~can resume

5 practice in compliance with acceptable and prevailing

6 standards under the provisions ofhis or her ~~their~~ license.

7 The Department may promulgate rules for the imposition of

8 fines in disciplinary cases, not to exceed $10,000 for each

9 violation of this Act. Fines may be imposed in conjunction

10 with other forms of disciplinary action, but shall not be the

11 exclusive disposition of any disciplinary action arising out

12 of conduct resulting in death or injury to a patient. Any funds

13 collected from such fines shall be deposited in the Illinois

14 State Medical Disciplinary Fund.

15 All fines imposed under this Section shall be paid within

16 60 days after the effective date of the order imposing the fine

17 or in accordance with the terms set forth in the order imposing

18 the fine.

19 (B) The Department shall revoke the license or permit

20 issued under this Act to practice medicine or a chiropractic

21 physician who has been convicted a second time of committing

22 any felony under the Illinois Controlled Substances Act or the

23 Methamphetamine Control and Community Protection Act, or who

24 has been convicted a second time of committing a Class 1 felony

25 under Sections 8A-3 and 8A-6 of the Illinois Public Aid Code. A

26 person whose license or permit is revoked under this

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1 subsection B shall be prohibited from practicing medicine or

2 treating human ailments without the use of drugs and without

3 operative surgery.

4 (C) The Department shall not revoke, suspend, place on

5 probation, reprimand, refuse to issue or renew, or take any

6 other disciplinary or non-disciplinary action against the

7 license or permit issued under this Act to practice medicine

8 to a physician:

9 (1) based solely upon the recommendation of the

10 physician to an eligible patient regarding, or

11 prescription for, or treatment with, an investigational

12 drug, biological product, or device; or

13 (2) for experimental treatment for Lyme disease or

14 other tick-borne diseases, including, but not limited to,

15 the prescription of or treatment with long-term

16 antibiotics.

17 (D) The Medical ~~Disciplinary~~Board shall recommend to the

18 Department civil penalties and any other appropriate

19 discipline in disciplinary cases when the MedicalBoard finds

20 that a physician willfully performed an abortion with actual

21 knowledge that the person upon whom the abortion has been

22 performed is a minor or an incompetent person without notice

23 as required under the Parental Notice of Abortion Act of 1995.

24 Upon the MedicalBoard's recommendation, the Department shall

25 impose, for the first violation, a civil penalty of $1,000 and

26 for a second or subsequent violation, a civil penalty of

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1 $5,000.

2 (Source: P.A. 100-429, eff. 8-25-17; 100-513, eff. 1-1-18;

3 100-605, eff. 1-1-19; 100-863, eff. 8-14-18; 100-1137, eff.

4 1-1-19; 101-13, eff. 6-12-19; 101-81, eff. 7-12-19; 101-363,

5 eff. 8-9-19; revised 9-20-19.)

6 (225 ILCS 60/23) (from Ch. 111, par. 4400-23)

7 (Section scheduled to be repealed on January 1, 2022)

8 Sec. 23. Reports relating to professional conduct and

9 capacity.

10 (A) Entities required to report.

11 (1) Health care institutions. The chief administrator

12 or executive officer of any health care institution

13 licensed by the Illinois Department of Public Health shall

14 report to theMedical ~~Disciplinary~~ Board when any person's

15 clinical privileges are terminated or are restricted based

16 on a final determination made in accordance with that

17 institution's by-laws or rules and regulations that a

18 person has either committed an act or acts which may

19 directly threaten patient care or that a person may have a

20 mental or physical disability that may endanger patients

21 under that person's care. Such officer also shall report

22 if a person accepts voluntary termination or restriction

23 of clinical privileges in lieu of formal action based upon

24 conduct related directly to patient care or in lieu of

25 formal action seeking to determine whether a person may

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1 have a mental or physical disability that may endanger

2 patients under that person's care. TheMedical

3 ~~Disciplinary~~Board shall, by rule, provide for the

4 reporting to it by health care institutions of all

5 instances in which a person, licensed under this Act, who

6 is impaired by reason of age, drug or alcohol abuse or

7 physical or mental impairment, is under supervision and,

8 where appropriate, is in a program of rehabilitation. Such

9 reports shall be strictly confidential and may be reviewed

10 and considered only by the members of the Medical

11 ~~Disciplinary~~Board, or by authorized staff as provided by

12 rules of the Medical~~Disciplinary~~ Board. Provisions shall

13 be made for the periodic report of the status of any such

14 person not less than twice annually in order that the

15 Medical ~~Disciplinary~~Board shall have current information

16 upon which to determine the status of any such person.

17 Such initial and periodic reports of impaired physicians

18 shall not be considered records within the meaning of The

19 State Records Act and shall be disposed of, following a

20 determination by the Medical~~Disciplinary~~ Board that such

21 reports are no longer required, in a manner and at such

22 time as the Medical ~~Disciplinary~~Board shall determine by

23 rule. The filing of such reports shall be construed as the

24 filing of a report for purposes of subsection (C) of this

25 Section.

26 (1.5) Clinical training programs. The program director

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1 of any post-graduate clinical training program shall

2 report to the Medical ~~Disciplinary~~ Board if a person

3 engaged in a post-graduate clinical training program at

4 the institution, including, but not limited to, a

5 residency or fellowship, separates from the program for

6 any reason prior to its conclusion. The program director

7 shall provide all documentation relating to the separation

8 if, after review of the report, the Medical ~~Disciplinary~~

9 Board determines that a review of those documents is

10 necessary to determine whether a violation of this Act

11 occurred.

12 (2) Professional associations. The President or chief

13 executive officer of any association or society, of

14 persons licensed under this Act, operating within this

15 State shall report to theMedical ~~Disciplinary~~ Board when

16 the association or society renders a final determination

17 that a person has committed unprofessional conduct related

18 directly to patient care or that a person may have a mental

19 or physical disability that may endanger patients under

20 that person's care.

21 (3) Professional liability insurers. Every insurance

22 company which offers policies of professional liability

23 insurance to persons licensed under this Act, or any other

24 entity which seeks to indemnify the professional liability

25 of a person licensed under this Act, shall report to the

26 Medical~~Disciplinary~~ Board the settlement of any claim or

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1 cause of action, or final judgment rendered in any cause

2 of action, which alleged negligence in the furnishing of

3 medical care by such licensed person when such settlement

4 or final judgment is in favor of the plaintiff.

5 (4) State's Attorneys. The State's Attorney of each

6 county shall report to the Medical ~~Disciplinary~~ Board,

7 within 5 days, any instances in which a person licensed

8 under this Act is convicted of any felony or Class A

9 misdemeanor. The State's Attorney of each county may

10 report to the Medical ~~Disciplinary~~ Board through a

11 verified complaint any instance in which the State's

12 Attorney believes that a physician has willfully violated

13 the notice requirements of the Parental Notice of Abortion

14 Act of 1995.

15 (5) State agencies. All agencies, boards, commissions,

16 departments, or other instrumentalities of the government

17 of the State of Illinois shall report to the Medical

18 ~~Disciplinary~~Board any instance arising in connection with

19 the operations of such agency, including the

20 administration of any law by such agency, in which a

21 person licensed under this Act has either committed an act

22 or acts which may be a violation of this Act or which may

23 constitute unprofessional conduct related directly to

24 patient care or which indicates that a person licensed

25 under this Act may have a mental or physical disability

26 that may endanger patients under that person's care.

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1 (B) Mandatory reporting. All reports required by items

2 (34), (35), and (36) of subsection (A) of Section 22 and by

3 Section 23 shall be submitted to the Medical ~~Disciplinary~~

4 Board in a timely fashion. Unless otherwise provided in this

5 Section, the reports shall be filed in writing within 60 days

6 after a determination that a report is required under this

7 Act. All reports shall contain the following information:

8 (1) The name, address and telephone number of the

9 person making the report.

10 (2) The name, address and telephone number of the

11 person who is the subject of the report.

12 (3) The name and date of birth of any patient or

13 patients whose treatment is a subject of the report, if

14 available, or other means of identification if such

15 information is not available, identification of the

16 hospital or other healthcare facility where the care at

17 issue in the report was rendered, provided, however, no

18 medical records may be revealed.

19 (4) A brief description of the facts which gave rise

20 to the issuance of the report, including the dates of any

21 occurrences deemed to necessitate the filing of the

22 report.

23 (5) If court action is involved, the identity of the

24 court in which the action is filed, along with the docket

25 number and date of filing of the action.

26 (6) Any further pertinent information which the

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1 reporting party deems to be an aid in the evaluation of the

2 report.

3 The Medical ~~Disciplinary~~ Board or Department may also

4 exercise the power under Section 38 of this Act to subpoena

5 copies of hospital or medical records in mandatory report

6 cases alleging death or permanent bodily injury. Appropriate

7 rules shall be adopted by the Department with the approval of

8 the Medical ~~Disciplinary~~Board.

9 When the Department has received written reports

10 concerning incidents required to be reported in items (34),

11 (35), and (36) of subsection (A) of Section 22, the licensee's

12 failure to report the incident to the Department under those

13 items shall not be the sole grounds for disciplinary action.

14 Nothing contained in this Section shall act to in any way,

15 waive or modify the confidentiality of medical reports and

16 committee reports to the extent provided by law. Any

17 information reported or disclosed shall be kept for the

18 confidential use of the Medical ~~Disciplinary~~ Board, the

19 Medical Coordinators, theMedical ~~Disciplinary~~ Board's

20 attorneys, the medical investigative staff, and authorized

21 clerical staff, as provided in this Act, and shall be afforded

22 the same status as is provided information concerning medical

23 studies in Part 21 of Article VIII of the Code of Civil

24 Procedure, except that the Department may disclose information

25 and documents to a federal, State, or local law enforcement

26 agency pursuant to a subpoena in an ongoing criminal

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1 investigation or to a health care licensing body or medical

2 licensing authority of this State or another state or

3 jurisdiction pursuant to an official request made by that

4 licensing body or medical licensing authority. Furthermore,

5 information and documents disclosed to a federal, State, or

6 local law enforcement agency may be used by that agency only

7 for the investigation and prosecution of a criminal offense,

8 or, in the case of disclosure to a health care licensing body

9 or medical licensing authority, only for investigations and

10 disciplinary action proceedings with regard to a license.

11 Information and documents disclosed to the Department of

12 Public Health may be used by that Department only for

13 investigation and disciplinary action regarding the license of

14 a health care institution licensed by the Department of Public

15 Health.

16 (C) Immunity from prosecution. Any individual or

17 organization acting in good faith, and not in a wilful and

18 wanton manner, in complying with this Act by providing any

19 report or other information to the Medical ~~Disciplinary~~ Board

20 or a peer review committee, or assisting in the investigation

21 or preparation of such information, or by voluntarily

22 reporting to the Medical ~~Disciplinary~~Board or a peer review

23 committee information regarding alleged errors or negligence

24 by a person licensed under this Act, or by participating in

25 proceedings of the Medical~~Disciplinary~~ Board or a peer review

26 committee, or by serving as a member of the Medical

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1 ~~Disciplinary~~ Board or a peer review committee, shall not, as a

2 result of such actions, be subject to criminal prosecution or

3 civil damages.

4 (D) Indemnification. Members of the Medical ~~Disciplinary~~

5 Board, ~~the Licensing Board,~~ the Medical Coordinators, the

6 Medical ~~Disciplinary~~Board's attorneys, the medical

7 investigative staff, physicians retained under contract to

8 assist and advise the medical coordinators in the

9 investigation, and authorized clerical staff shall be

10 indemnified by the State for any actions occurring within the

11 scope of services on the Medical ~~Disciplinary Board or~~

12 ~~Licensing~~ Board, done in good faith and not wilful and wanton

13 in nature. The Attorney General shall defend all such actions

14 unless he or she determines either that there would be a

15 conflict of interest in such representation or that the

16 actions complained of were not in good faith or were wilful and

17 wanton.

18 Should the Attorney General decline representation, the

19 member shall have the right to employ counsel of his or her

20 choice, whose fees shall be provided by the State, after

21 approval by the Attorney General, unless there is a

22 determination by a court that the member's actions were not in

23 good faith or were wilful and wanton.

24 The member must notify the Attorney General within 7 days

25 of receipt of notice of the initiation of any action involving

26 services of the Medical ~~Disciplinary~~Board. Failure to so

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1 notify the Attorney General shall constitute an absolute

2 waiver of the right to a defense and indemnification.

3 The Attorney General shall determine within 7 days after

4 receiving such notice, whether he or she will undertake to

5 represent the member.

6 (E) Deliberations of Medical ~~Disciplinary~~Board. Upon the

7 receipt of any report called for by this Act, other than those

8 reports of impaired persons licensed under this Act required

9 pursuant to the rules of the Medical ~~Disciplinary~~Board, the

10 Medical ~~Disciplinary~~ Board shall notify in writing, by

11 ~~certified~~mailor email, the person who is the subject of the

12 report. Such notification shall be made within 30 days of

13 receipt by the Medical~~Disciplinary~~ Board of the report.

14 The notification shall include a written notice setting

15 forth the person's right to examine the report. Included in

16 such notification shall be the address at which the file is

17 maintained, the name of the custodian of the reports, and the

18 telephone number at which the custodian may be reached. The

19 person who is the subject of the report shall submit a written

20 statement responding, clarifying, adding to, or proposing the

21 amending of the report previously filed. The person who is the

22 subject of the report shall also submit with the written

23 statement any medical records related to the report. The

24 statement and accompanying medical records shall become a

25 permanent part of the file and must be received by the Medical

26 ~~Disciplinary~~Board no more than 30 days after the date on which

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1 the person was notified by the Medical ~~Disciplinary~~ Board of

2 the existence of the original report.

3 The Medical ~~Disciplinary~~Board shall review all reports

4 received by it, together with any supporting information and

5 responding statements submitted by persons who are the subject

6 of reports. The review by the Medical ~~Disciplinary~~Board shall

7 be in a timely manner but in no event, shall the Medical

8 ~~Disciplinary~~Board's initial review of the material contained

9 in each disciplinary file be less than 61 days nor more than

10 180 days after the receipt of the initial report by theMedical

11 ~~Disciplinary~~ Board.

12 When the Medical ~~Disciplinary~~ Board makes its initial

13 review of the materials contained within its disciplinary

14 files, the Medical~~Disciplinary~~ Board shall, in writing, make

15 a determination as to whether there are sufficient facts to

16 warrant further investigation or action. Failure to make such

17 determination within the time provided shall be deemed to be a

18 determination that there are not sufficient facts to warrant

19 further investigation or action.

20 Should the Medical ~~Disciplinary~~ Board find that there are

21 not sufficient facts to warrant further investigation, or

22 action, the report shall be accepted for filing and the matter

23 shall be deemed closed and so reported to the Secretary. The

24 Secretary shall then have 30 days to accept theMedical

25 ~~Disciplinary~~Board's decision or request further

26 investigation. The Secretary shall inform the MedicalBoard of

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1 the decision to request further investigation, including the

2 specific reasons for the decision. The individual or entity

3 filing the original report or complaint and the person who is

4 the subject of the report or complaint shall be notified in

5 writing by the Secretary of any final action on their report or

6 complaint. The Department shall disclose to the individual or

7 entity who filed the original report or complaint, on request,

8 the status of the Medical ~~Disciplinary~~ Board's review of a

9 specific report or complaint. Such request may be made at any

10 time, including prior to the Medical ~~Disciplinary~~ Board's

11 determination as to whether there are sufficient facts to

12 warrant further investigation or action.

13 (F) Summary reports. The Medical ~~Disciplinary~~Board shall

14 prepare, on a timely basis, but in no event less than once

15 every other month, a summary report of final disciplinary

16 actions taken upon disciplinary files maintained by the

17 Medical ~~Disciplinary~~Board. The summary reports shall be made

18 available to the public upon request and payment of the fees

19 set by the Department. This publication may be made available

20 to the public on the Department's website. Information or

21 documentation relating to any disciplinary file that is closed

22 without disciplinary action taken shall not be disclosed and

23 shall be afforded the same status as is provided by Part 21 of

24 Article VIII of the Code of Civil Procedure.

25 (G) Any violation of this Section shall be a Class A

26 misdemeanor.

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1 (H) If any such person violates the provisions of this

2 Section an action may be brought in the name of the People of

3 the State of Illinois, through the Attorney General of the

4 State of Illinois, for an order enjoining such violation or

5 for an order enforcing compliance with this Section. Upon

6 filing of a verified petition in such court, the court may

7 issue a temporary restraining order without notice or bond and

8 may preliminarily or permanently enjoin such violation, and if

9 it is established that such person has violated or is

10 violating the injunction, the court may punish the offender

11 for contempt of court. Proceedings under this paragraph shall

12 be in addition to, and not in lieu of, all other remedies and

13 penalties provided for by this Section.

14 (Source: P.A. 98-601, eff. 12-30-13; 99-143, eff. 7-27-15.)

15 (225 ILCS 60/24) (from Ch. 111, par. 4400-24)

16 (Section scheduled to be repealed on January 1, 2022)

17 Sec. 24. Report of violations; medical associations.

18 (a) Any physician licensed under this Act, the Illinois

19 State Medical Society, the Illinois Association of Osteopathic

20 Physicians and Surgeons, the Illinois Chiropractic Society,

21 the Illinois Prairie State Chiropractic Association, or any

22 component societies of any of these 4 groups, and any other

23 person, may report to the Medical~~Disciplinary~~ Board any

24 information the physician, association, society, or person may

25 have that appears to show that a physician is or may be in

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1 violation of any of the provisions of Section 22 of this Act.

2 (b) The Department may enter into agreements with the

3 Illinois State Medical Society, the Illinois Association of

4 Osteopathic Physicians and Surgeons, the Illinois Prairie

5 State Chiropractic Association, or the Illinois Chiropractic

6 Society to allow these organizations to assist theMedical

7 ~~Disciplinary~~Board in the review of alleged violations of this

8 Act. Subject to the approval of the Department, any

9 organization party to such an agreement may subcontract with

10 other individuals or organizations to assist in review.

11 (c) Any physician, association, society, or person

12 participating in good faith in the making of a report under

13 this Act or participating in or assisting with an

14 investigation or review under this Act shall have immunity

15 from any civil, criminal, or other liability that might result

16 by reason of those actions.

17 (d) The medical information in the custody of an entity

18 under contract with the Department participating in an

19 investigation or review shall be privileged and confidential

20 to the same extent as are information and reports under the

21 provisions of Part 21 of Article VIII of the Code of Civil

22 Procedure.

23 (e) Upon request by the Department after a mandatory

24 report has been filed with the Department, an attorney for any

25 party seeking to recover damages for injuries or death by

26 reason of medical, hospital, or other healing art malpractice

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1 shall provide patient records related to the physician

2 involved in the disciplinary proceeding to the Department

3 within 30 days of the Department's request for use by the

4 Department in any disciplinary matter under this Act. An

5 attorney who provides patient records to the Department in

6 accordance with this requirement shall not be deemed to have

7 violated any attorney-client privilege. Notwithstanding any

8 other provision of law, consent by a patient shall not be

9 required for the provision of patient records in accordance

10 with this requirement.

11 (f) For the purpose of any civil or criminal proceedings,

12 the good faith of any physician, association, society or

13 person shall be presumed.

14 (Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14.)

15 (225 ILCS 60/25) (from Ch. 111, par. 4400-25)

16 (Section scheduled to be repealed on January 1, 2022)

17 Sec. 25. The Secretary of the Department may, upon receipt

18 of a written communication from the Secretary of Human

19 Services, the Director of Healthcare and Family Services

20 (formerly Director of Public Aid), or the Director of Public

21 Health that continuation of practice of a person licensed

22 under this Act constitutes an immediate danger to the public,

23 and after consultation with the Chief Medical Coordinator or

24 Deputy Medical Coordinator, immediately suspend the license of

25 such person without a hearing. In instances in which the

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1 Secretary immediately suspends a license under this Section, a

2 hearing upon such person's license must be convened by the

3 Medical~~Disciplinary~~ Board within 15 days after such

4 suspension and completed without appreciable delay. Such

5 hearing is to be held to determine whether to recommend to the

6 Secretary that the person's license be revoked, suspended,

7 placed on probationary status or reinstated, or whether such

8 person should be subject to other disciplinary action. In the

9 hearing, the written communication and any other evidence

10 submitted therewith may be introduced as evidence against such

11 person; provided however, the person, or their counsel, shall

12 have the opportunity to discredit, impeach and submit evidence

13 rebutting such evidence.

14 (Source: P.A. 97-622, eff. 11-23-11.)

15 (225 ILCS 60/35) (from Ch. 111, par. 4400-35)

16 (Section scheduled to be repealed on January 1, 2022)

17 Sec. 35. The Secretary shall have the authority to appoint

18 an attorney duly licensed to practice law in the State of

19 Illinois to serve as the hearing officer in any action to

20 suspend, revoke, place on probationary status, or take any

21 other disciplinary action with regard to a license. The

22 hearing officer shall have full authority to conduct the

23 hearing. The hearing officer shall report his findings and

24 recommendations to the Medical ~~Disciplinary Board or Licensing~~

25 Board within 30 days of the receipt of the record. TheMedical

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1 ~~Disciplinary Board or Licensing~~Board shall have 60 days from

2 receipt of the report to review the report of the hearing

3 officer and present their findings of fact, conclusions of law

4 and recommendations to the Secretary.

5 (Source: P.A. 100-429, eff. 8-25-17.)

6 (225 ILCS 60/36) (from Ch. 111, par. 4400-36)

7 (Section scheduled to be repealed on January 1, 2022)

8 Sec. 36. Investigation; notice.

9 (a) Upon the motion of either the Department or the

10 Medical ~~Disciplinary~~Board or upon the verified complaint in

11 writing of any person setting forth facts which, if proven,

12 would constitute grounds for suspension or revocation under

13 Section 22 of this Act, the Department shall investigate the

14 actions of any person, so accused, who holds or represents

15 that he or she holds a license. Such person is hereinafter

16 called the accused.

17 (b) The Department shall, before suspending, revoking,

18 placing on probationary status, or taking any other

19 disciplinary action as the Department may deem proper with

20 regard to any license at least 30 days prior to the date set

21 for the hearing, notify the accused in writing of any charges

22 made and the time and place for a hearing of the charges before

23 the Medical ~~Disciplinary~~ Board, direct him or her to file his

24 or her written answer thereto to theMedical ~~Disciplinary~~

25 Board under oath within 20 days after the service on him or her

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1 of such notice and inform him or her that if he or she fails to

2 file such answer default will be taken against him or her and

3 his or her license may be suspended, revoked, placed on

4 probationary status, or have other disciplinary action,

5 including limiting the scope, nature or extent of his or her

6 practice, as the Department may deem proper taken with regard

7 thereto. The Department shall, at least 14 days prior to the

8 date set for the hearing, notify in writing any person who

9 filed a complaint against the accused of the time and place for

10 the hearing of the charges against the accused before the

11 Medical ~~Disciplinary~~ Board and inform such person whether he

12 or she may provide testimony at the hearing.

13 (c) (Blank).

14 (d) Such written notice and any notice in such proceedings

15 thereafter may be served by personal delivery, email to the

16 respondent's email address of record, or mail to the

17 respondent's address of record.

18 (e) All information gathered by the Department during its

19 investigation including information subpoenaed under Section

20 23 or 38 of this Act and the investigative file shall be kept

21 for the confidential use of the Secretary,the Medical

22 ~~Disciplinary~~Board, the Medical Coordinators, persons employed

23 by contract to advise the Medical Coordinator or the

24 Department, the Medical~~Disciplinary~~ Board's attorneys, the

25 medical investigative staff, and authorized clerical staff, as

26 provided in this Act and shall be afforded the same status as

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1 is provided information concerning medical studies in Part 21

2 of Article VIII of the Code of Civil Procedure, except that the

3 Department may disclose information and documents to a

4 federal, State, or local law enforcement agency pursuant to a

5 subpoena in an ongoing criminal investigation to a health care

6 licensing body of this State or another state or jurisdiction

7 pursuant to an official request made by that licensing body.

8 Furthermore, information and documents disclosed to a federal,

9 State, or local law enforcement agency may be used by that

10 agency only for the investigation and prosecution of a

11 criminal offense or, in the case of disclosure to a health care

12 licensing body, only for investigations and disciplinary

13 action proceedings with regard to a license issued by that

14 licensing body.

15 (Source: P.A. 101-13, eff. 6-12-19; 101-316, eff. 8-9-19;

16 revised 9-20-19.)

17 (225 ILCS 60/37) (from Ch. 111, par. 4400-37)

18 (Section scheduled to be repealed on January 1, 2022)

19 Sec. 37. Disciplinary actions.

20 (a) At the time and place fixed in the notice, theMedical

21 ~~Disciplinary~~Board provided for in this Act shall proceed to

22 hear the charges, and the accused person shall be accorded

23 ample opportunity to present in person, or by counsel, such

24 statements, testimony, evidence and argument as may be

25 pertinent to the charges or to any defense thereto. The

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1 Medical~~Disciplinary~~ Board may continue such hearing from time

2 to time. If theMedical ~~Disciplinary~~ Board is not sitting at

3 the time and place fixed in the notice or at the time and place

4 to which the hearing has been continued, the Department shall

5 continue such hearing for a period not to exceed 30 days.

6 (b) In case the accused person, after receiving notice,

7 fails to file an answer, their license may, in the discretion

8 of the Secretary, having received first the recommendation of

9 the Medical ~~Disciplinary~~Board, be suspended, revoked or

10 placed on probationary status, or the Secretary may take

11 whatever disciplinary action as he or she may deem proper,

12 including limiting the scope, nature, or extent of said

13 person's practice, without a hearing, if the act or acts

14 charged constitute sufficient grounds for such action under

15 this Act.

16 (c) The Medical ~~Disciplinary~~ Board has the authority to

17 recommend to the Secretary that probation be granted or that

18 other disciplinary or non-disciplinary action, including the

19 limitation of the scope, nature or extent of a person's

20 practice, be taken as it deems proper. If disciplinary or

21 non-disciplinary action, other than suspension or revocation,

22 is taken the Medical ~~Disciplinary~~Board may recommend that the

23 Secretary impose reasonable limitations and requirements upon

24 the accused registrant to ensure ~~insure~~compliance with the

25 terms of the probation or other disciplinary action including,

26 but not limited to, regular reporting by the accused to the

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1 Department of their actions, placing themselves under the care

2 of a qualified physician for treatment, or limiting their

3 practice in such manner as the Secretary may require.

4 (d) The Secretary, after consultation with the Chief

5 Medical Coordinator or Deputy Medical Coordinator, may

6 temporarily suspend the license of a physician without a

7 hearing, simultaneously with the institution of proceedings

8 for a hearing provided under this Section if the Secretary

9 finds that evidence in his or her possession indicates that a

10 physician's continuation in practice would constitute an

11 immediate danger to the public. In the event that the

12 Secretary suspends, temporarily, the license of a physician

13 without a hearing, a hearing by the Medical ~~Disciplinary~~ Board

14 shall be held within 15 days after such suspension has

15 occurred and shall be concluded without appreciable delay.

16 (Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14.)

17 (225 ILCS 60/38) (from Ch. 111, par. 4400-38)

18 (Section scheduled to be repealed on January 1, 2022)

19 Sec. 38. Subpoena; oaths.

20 (a) The Medical ~~Disciplinary~~Board or Department has power

21 to subpoena and bring before it any person in this State and to

22 take testimony either orally or by deposition, or both, with

23 the same fees and mileage and in the same manner as is

24 prescribed by law for judicial procedure in civil cases.

25 (b) The Medical ~~Disciplinary~~ Board or Department, upon a

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1 determination that probable cause exists that a violation of

2 one or more of the grounds for discipline listed in Section 22

3 has occurred or is occurring, may subpoena the medical and

4 hospital records of individual patients of physicians licensed

5 under this Act, provided, that prior to the submission of such

6 records to theMedical ~~Disciplinary~~ Board, all information

7 indicating the identity of the patient shall be removed and

8 deleted. Notwithstanding the foregoing, theMedical

9 ~~Disciplinary~~Board and Department shall possess the power to

10 subpoena copies of hospital or medical records in mandatory

11 report cases under Section 23 alleging death or permanent

12 bodily injury when consent to obtain records is not provided

13 by a patient or legal representative. Prior to submission of

14 the records to the Medical ~~Disciplinary~~Board, all information

15 indicating the identity of the patient shall be removed and

16 deleted. All medical records and other information received

17 pursuant to subpoena shall be confidential and shall be

18 afforded the same status as is proved information concerning

19 medical studies in Part 21 of Article VIII of the Code of Civil

20 Procedure. The use of such records shall be restricted to

21 members of the Medical~~Disciplinary~~ Board, the medical

22 coordinators, and appropriate staff of the Department

23 designated by theMedical ~~Disciplinary~~Board for the purpose

24 of determining the existence of one or more grounds for

25 discipline of the physician as provided for by Section 22 of

26 this Act. Any such review of individual patients' records

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1 shall be conducted by the Medical ~~Disciplinary~~Board in strict

2 confidentiality, provided that such patient records shall be

3 admissible in a disciplinary hearing, before the Medical

4 ~~Disciplinary~~Board, when necessary to substantiate the grounds

5 for discipline alleged against the physician licensed under

6 this Act, and provided further, that nothing herein shall be

7 deemed to supersede the provisions of Part 21 of Article VIII

8 of the ~~"~~Code of Civil Procedure~~", as now or hereafter amended~~,

9 to the extent applicable.

10 (c) The Secretary, hearing officer, and any member of the

11 Medical ~~Disciplinary~~Board each have power to administer oaths

12 at any hearing which theMedical ~~Disciplinary~~ Board or

13 Department is authorized by law to conduct.

14 (d) The Medical ~~Disciplinary~~ Board, upon a determination

15 that probable cause exists that a violation of one or more of

16 the grounds for discipline listed in Section 22 has occurred

17 or is occurring on the business premises of a physician

18 licensed under this Act, may issue an order authorizing an

19 appropriately qualified investigator employed by the

20 Department to enter upon the business premises with due

21 consideration for patient care of the subject of the

22 investigation so as to inspect the physical premises and

23 equipment and furnishings therein. No such order shall include

24 the right of inspection of business, medical, or personnel

25 records located on the premises. For purposes of this Section,

26 "business premises" is defined as the office or offices where

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1 the physician conducts the practice of medicine. Any such

2 order shall expire and become void five business days after

3 its issuance by the Medical ~~Disciplinary~~Board. The execution

4 of any such order shall be valid only during the normal

5 business hours of the facility or office to be inspected.

6 (Source: P.A. 101-316, eff. 8-9-19.)

7 (225 ILCS 60/39) (from Ch. 111, par. 4400-39)

8 (Section scheduled to be repealed on January 1, 2022)

9 Sec. 39. Certified shorthand reporter; record. The

10 Department, at its expense, shall provide a certified

11 shorthand reporter to take down the testimony and preserve a

12 record of all proceedings at the hearing of any case wherein a

13 license may be revoked, suspended, placed on probationary

14 status, or other disciplinary action taken with regard thereto

15 in accordance with Section 2105-115 of the Department of

16 Professional Regulation Law of the Civil Administrative Code

17 of Illinois. The notice of hearing, complaint and all other

18 documents in the nature of pleadings and written motions filed

19 in the proceedings, the transcript of testimony, the report of

20 the hearing officer, exhibits, the report of the Medical

21 Board, and the orders of the Department constitute the record

22 of the proceedings.

23 (Source: P.A. 100-429, eff. 8-25-17; 101-316, eff. 8-9-19.)

24 (225 ILCS 60/40) (from Ch. 111, par. 4400-40)

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1 (Section scheduled to be repealed on January 1, 2022)

2 Sec. 40. Findings and recommendations; rehearing.

3 (a) The Medical ~~Disciplinary~~Board shall present to the

4 Secretary a written report of its findings and

5 recommendations. A copy of such report shall be served upon

6 the accused person, either personally or by mail or email.

7 Within 20 days after such service, the accused person may

8 present to the Department his or her motion, in writing, for a

9 rehearing, which written motion shall specify the particular

10 ground therefor. If the accused person orders and pays for a

11 transcript of the record as provided in Section 39, the time

12 elapsing thereafter and before such transcript is ready for

13 delivery to them shall not be counted as part of such 20 days.

14 (b) At the expiration of the time allowed for filing a

15 motion for rehearing, the Secretary may take the action

16 recommended by the Medical ~~Disciplinary~~ Board. Upon the

17 suspension, revocation, placement on probationary status, or

18 the taking of any other disciplinary action, including the

19 limiting of the scope, nature, or extent of one's practice,

20 deemed proper by the Department, with regard to the license or

21 permit, the accused shall surrender his or her license or

22 permit to the Department, if ordered to do so by the

23 Department, and upon his or her failure or refusal so to do,

24 the Department may seize the same.

25 (c) Each order of revocation, suspension, or other

26 disciplinary action shall contain a brief, concise statement

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1 of the ground or grounds upon which the Department's action is

2 based, as well as the specific terms and conditions of such

3 action. This document shall be retained as a permanent record

4 by the Department ~~Disciplinary Board and the Secretary~~.

5 (d) (Blank). ~~The Department shall at least annually~~

6 ~~publish a list of the names of all persons disciplined under~~

7 ~~this Act in the preceding 12 months. Such lists shall be~~

8 ~~available by the Department on its website.~~

9 (e) In those instances where an order of revocation,

10 suspension, or other disciplinary action has been rendered by

11 virtue of a physician's physical illness, including, but not

12 limited to, deterioration through the aging process, or loss

13 of motor skill which results in a physician's inability to

14 practice medicine with reasonable judgment, skill, or safety,

15 the Department shall only permit this document, and the record

16 of the hearing incident thereto, to be observed, inspected,

17 viewed, or copied pursuant to court order.

18 (Source: P.A. 101-316, eff. 8-9-19.)

19 (225 ILCS 60/41) (from Ch. 111, par. 4400-41)

20 (Section scheduled to be repealed on January 1, 2022)

21 Sec. 41. Administrative review; certification of record.

22 (a) All final administrative decisions of the Department

23 are subject to judicial review pursuant to the Administrative

24 Review Law and its rules. The term "administrative decision"

25 is defined as in Section 3-101 of the Code of Civil Procedure.

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1 (b) Proceedings for judicial review shall be commenced in

2 the circuit court of the county in which the party applying for

3 review resides; but if the party is not a resident of this

4 State, the venue shall be in Sangamon County.

5 (c) The Department shall not be required to certify any

6 record to the court, to file an answer in court, or to

7 otherwise appear in any court in a judicial review proceeding

8 unless and until the Department has received from the

9 plaintiff payment of the costs of furnishing and certifying

10 the record, which costs shall be determined by the Department.

11 ~~Exhibits shall be certified without cost.~~Failure on the part

12 of the plaintiff to file a receipt in court shall be grounds

13 for dismissal of the action. During the pendency and hearing

14 of any and all judicial proceedings incident to the

15 disciplinary action the sanctions imposed upon the accused by

16 the Department because of acts or omissions related to the

17 delivery of direct patient care as specified in the

18 Department's final administrative decision, shall as a matter

19 of public policy remain in full force and effect in order to

20 protect the public pending final resolution of any of the

21 proceedings.

22 (Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14.)

23 (225 ILCS 60/42) (from Ch. 111, par. 4400-42)

24 (Section scheduled to be repealed on January 1, 2022)

25 Sec. 42. An order of revocation, suspension, placing the

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1 license on probationary status, or other formal disciplinary

2 action as the Department may deem proper, or a certified copy

3 thereof, over the seal of the Department and purporting to be

4 signed by the Secretary, is prima facie proof that:

5 (a) Such signature is the genuine signature of the

6 Secretary;

7 (b) The Secretary is duly appointed and qualified; and

8 (c) The Medical ~~Disciplinary~~ Board and the members

9 thereof are qualified.

10 Such proof may be rebutted.

11 (Source: P.A. 97-622, eff. 11-23-11.)

12 (225 ILCS 60/44) (from Ch. 111, par. 4400-44)

13 (Section scheduled to be repealed on January 1, 2022)

14 Sec. 44. None of the disciplinary functions, powers and

15 duties enumerated in this Act shall be exercised by the

16 Department except upon the action and report in writing of the

17 Medical ~~Disciplinary~~ Board.

18 In all instances, under this Act, in which the Medical

19 ~~Disciplinary~~Board has rendered a recommendation to the

20 Secretary with respect to a particular physician, the

21 Secretary may take action contrary to the recommendation of

22 the Medical Board. In ~~shall, in~~ the event that the Secretary ~~he~~

23 ~~or she~~disagrees with or takes action contrary to the

24 recommendation of the Medical~~Disciplinary~~ Board, file with

25 the Medical ~~Disciplinary~~ Board his or her specific written

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1 reasons of disagreement with theMedical ~~Disciplinary~~ Board.

2 Such reasons shall be filed within 30 days of the occurrence of

3 the Secretary's contrary position having been taken.

4 The action and report in writing of a majority of the

5 Medical~~Disciplinary~~ Board designated is sufficient authority

6 upon which the Secretary may act.

7 Whenever the Secretary is satisfied that substantial

8 justice has not been done ~~either in an examination, or~~in a

9 formal disciplinary action, or refusal to restore a license,

10 he or she may order a ~~reexamination or~~ rehearing ~~by the same or~~

11 ~~other examiners~~.

12 (Source: P.A. 97-622, eff. 11-23-11.)

13 (225 ILCS 60/47) (from Ch. 111, par. 4400-47)

14 (Section scheduled to be repealed on January 1, 2022)

15 Sec. 47. Administrative Procedure Act. The Illinois

16 Administrative Procedure Act is hereby expressly adopted and

17 incorporated herein as if all of the provisions of that Act

18 were included in this Act, except that the provision of

19 subsection (d) of Section 10-65 of the Illinois Administrative

20 Procedure Act that provides that at hearings the licensee has

21 the right to show compliance with all lawful requirements for

22 retention, continuation or renewal of the license is

23 specifically excluded. For the purposes of this Act the notice

24 required under Section 10-25 of the Illinois Administrative

25 Procedure Act is deemed sufficient when mailedor emailed to

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1 the address of record of a party.

2 (Source: P.A. 97-622, eff. 11-23-11.)

3 Section 25. The Boxing and Full-contact Martial Arts Act

4 is amended by changing Sections 1, 2, 5, 6, 7, 8, 10, 11, 12,

5 13, 15, 16, 17, 17.7, 17.8, 17.9, 18, 19, 19.1, 19.5, 20, 21,

6 22, 23, 23.1, 24, 24.5, and 25.1 and by adding Sections 1.4 and

7 2.5 as follows:

8 (225 ILCS 105/1) (from Ch. 111, par. 5001)

9 (Section scheduled to be repealed on January 1, 2022)

10 Sec. 1. Short title and definitions.

11 (a) This Act may be cited as the Boxing and Full-contact

12 Martial Arts Act.

13 (b) As used in this Act:

14 "Department" means the Department of Financial and

15 Professional Regulation.

16 "Secretary" means the Secretary of Financial and

17 Professional Regulation or a person authorized by the

18 Secretary to act in the Secretary's stead.

19 "Board" means the State of Illinois Athletic Board

20 ~~established pursuant to this Act~~.

21 "License" means the license issued for promoters,

22 professionals, amateurs,or officials in accordance with

23 this Act.

24 "Contest ~~Professional contest~~" means a boxing or

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1 full-contact martial arts competition in which all of the

2 participants competing against one another are

3 professionals or amateurs and where the public is able to

4 attend or a fee is charged.

5 "Permit" means the authorization from the Department

6 to a promoter to conduct professional or amateur contests,

7 or a combination of both.

8 "Promoter" means a person who is licensed and who

9 holds a permit to conduct professional or amateur

10 contests, or a combination of both.

11 Unless the context indicates otherwise, "person"

12 includes, but is not limited to, an individual,

13 association, organization, business entity, gymnasium, or

14 club.

15 "Judge" means a person licensed by the Department who

16 is located at ringside or adjacent to the fighting area

17 during a ~~professional~~contest and who has the

18 responsibility of scoring the performance of the

19 participants in that professional or amateur contest.

20 "Referee" means a person licensed by the Department

21 who has the general supervision of and is present inside

22 of the ring or fighting area during a professional or

23 amateur contest.

24 "Amateur" means a person licensed ~~registered~~ by the

25 Department who is not competing for, and has never

26 received or competed for, any purse or other article of

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1 value, directly or indirectly, either for participating in

2 any contest or for the expenses of training therefor,

3 other than a non-monetary prize that does not exceed $50

4 in value.

5 "Professional" means a person licensed by the

6 Department who competes for a money prize, purse, or other

7 type of compensation in a professional contest held in

8 Illinois.

9 "Second" means a person licensed by the Department who

10 is present at any professionalor amateurcontest to

11 provide assistance or advice to a professional during the

12 contest.

13 "Matchmaker" means a person licensed by the Department

14 who brings together professionalsor amateurs to compete

15 in contests.

16 "Manager" means a person licensed by the Department

17 who is not a promoter and who, under contract, agreement,

18 or other arrangement, undertakes to, directly or

19 indirectly, control or administer the affairs of

20 contestants ~~professionals~~.

21 "Timekeeper" means a person licensed by the Department

22 who is the official timer of the length of rounds and the

23 intervals between the rounds.

24 "Purse" means the financial guarantee or any other

25 remuneration for which contestants are participating in a

26 professional contest.

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1 "Physician" means a person licensed to practice

2 medicine in all its branches under the Medical Practice

3 Act of 1987.

4 "Martial arts" means a discipline or combination of

5 different disciplines that utilizes sparring techniques

6 without the intent to injure, disable, or incapacitate

7 one's opponent, such as, but not limited to, Karate, Kung

8 Fu, ~~Judo,~~ Jujutsu, and Tae Kwon Do~~, and Kyuki-Do~~.

9 "Full-contact martial arts" means the use of a

10 singular discipline or a combination of techniques from

11 different disciplines of the martial arts, including,

12 without limitation, full-force grappling, kicking, and

13 striking with the intent to injure, disable, or

14 incapacitate one's opponent.

15 ~~"Amateur contest" means a boxing or full-contact~~

16 ~~martial arts competition in which all of the participants~~

17 ~~competing against one another are amateurs and where the~~

18 ~~public is able to attend or a fee is charged.~~

19 "Contestant" means a person who competes in either a

20 boxing or full-contact martial arts contest.

21 "Address of record" means the designated address

22 recorded by the Department in the applicant's or

23 licensee's application file or ~~,~~ license file~~, or~~

24 ~~registration file~~ as maintained by the Department's

25 licensure maintenance unit. ~~It is the duty of the~~

26 ~~applicant or licensee to inform the Department of any~~

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1 ~~change of address and those changes must be made either~~

2 ~~through the Department's website or by contacting the~~

3 ~~Department.~~

4 "Bout" means one match between 2 contestants.

5 "Sanctioning body" means an organization approved by

6 the Department under the requirements and standards stated

7 in this Act and the rules adopted under this Act to act as

8 a governing body that sanctions professional or amateur

9 full-contact martial arts contests.

10 "Email address of record" means the designated email

11 address recorded by the Department in the applicant's

12 application file or the licensee's license file as

13 maintained by the Department's licensure maintenance unit.

14 (Source: P.A. 96-663, eff. 8-25-09; 97-119, eff. 7-14-11;

15 97-1123, eff. 8-27-12.)

16 (225 ILCS 105/1.4 new)

17 Sec. 1.4. Address of record; email address of record. All

18 applicants and licensees shall:

19 (1) provide a valid address and email address to the

20 Department, which shall serve as the address of record and

21 email address of record, respectively, at the time of

22 application for licensure or renewal of a license; and

23 (2) inform the Department of any change of address of

24 record or email address of record within 14 days after

25 such change either through the Department's website or by

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1 contacting the Department's licensure maintenance unit.

2 (225 ILCS 105/2) (from Ch. 111, par. 5002)

3 (Section scheduled to be repealed on January 1, 2022)

4 Sec. 2. State of Illinois Athletic Board.

5 (a) The Secretary shall appoint members to the State of

6 Illinois Athletic Board. The Board shall consist of 7 members

7 who shall serve in an advisory capacity to the Secretary.

8 ~~There is created the State of Illinois Athletic Board~~

9 ~~consisting of 6 persons who shall be appointed by and shall~~

10 ~~serve in an advisory capacity to the Secretary, and the State~~

11 ~~Professional Boxing Board shall be disbanded.~~ One member of

12 the Board shall be a physician licensed to practice medicine

13 in all of its branches. One member of the Board shall be a

14 member of the full-contact martial arts community. One ~~and one~~

15 member of the Board shall be a member of either the

16 full-contact martial arts community or the boxing community.

17 ~~The Secretary shall appoint each member to serve for a term of~~

18 ~~3 years and until his or her successor is appointed and~~

19 ~~qualified. One member of the board shall be designated as the~~

20 ~~Chairperson and one member shall be designated as the~~

21 ~~Vice-chairperson. No member shall be appointed to the Board~~

22 ~~for a term which would cause continuous service to be more than~~

23 ~~9 years. Each member of the board shall receive compensation~~

24 ~~for each day he or she is engaged in transacting the business~~

25 ~~of the board and, in addition, shall be reimbursed for his or~~

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1 ~~her authorized and approved expenses necessarily incurred in~~

2 ~~relation to such service in accordance with the travel~~

3 ~~regulations applicable to the Department at the time the~~

4 ~~expenses are incurred.~~

5 (b) Board members shall serve 5-year terms and until their

6 successors are appointed and qualified.

7 (c) In appointing members to the Board, the Secretary

8 shall give due consideration to recommendations by members and

9 organizations of the martial arts and boxing industry.

10 (d) The membership of the Board should reasonably reflect

11 representation from the geographic areas in this State.

12 (e) No member shall be appointed to the Board for a term

13 that would cause his or her continuous service on the Board to

14 be longer than 2 consecutive 5-year terms.

15 (f) The Secretary may terminate the appointment of any

16 member for cause that in the opinion of the Secretary

17 reasonably justified such termination, which may include, but

18 is not limited to, a Board member who does not attend 2

19 consecutive meetings.

20 (g) Appointments to fill vacancies shall be made in the

21 same manner as original appointments, for the unexpired

22 portion of the vacated term.

23 (h) Four members of the Board shall constitute a quorum. A

24 quorum is required for Board decisions.

25 (i) Members of the Board shall have no liability in any

26 action based upon activity performed in good faith as members

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1 of the Board.

2 (j) Members of the Board may be reimbursed for all

3 legitimate, necessary, and authorized expenses.

4 ~~Four members shall constitute a quorum.~~

5 ~~The members of the Board shall be immune from suit in any~~

6 ~~action based upon any disciplinary proceedings or other acts~~

7 ~~performed in good faith as members of the Board.~~

8 ~~The Secretary may remove any member of the Board for~~

9 ~~misconduct, incapacity, or neglect of duty. The Secretary~~

10 ~~shall reduce to writing any causes for removal.~~

11 (Source: P.A. 97-119, eff. 7-14-11.)

12 (225 ILCS 105/2.5 new)

13 Sec. 2.5. Powers and duties of the Board.

14 (a) Subject to the provisions of this Act, the Board shall

15 exercise the following functions, powers, and duties:

16 (1) The Board shall hold at least one meeting each

17 year.

18 (2) The Board shall elect a chairperson and a vice

19 chairperson.

20 (b) The Department may, at any time, seek the expert

21 advice and knowledge of the Board on any matter relating to the

22 enforcement of this Act.

23 (225 ILCS 105/5) (from Ch. 111, par. 5005)

24 (Section scheduled to be repealed on January 1, 2022)

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1 Sec. 5. Powers and duties of the Department. The

2 Department shall, subject to the provisions of this Act,

3 exercise the following functions, powers, and duties:

4 (1) Ascertain the qualifications and fitness of

5 applicants for license and permits.

6 (2) Adopt rules required for the administration of

7 this Act.

8 (3) Conduct hearings on proceedings to refuse to

9 issue, renew, or restore licenses and revoke, suspend,

10 place on probation, or reprimand those licensed under the

11 provisions of this Act.

12 (4) Issue licenses to those who meet the

13 qualifications of this Act and its rules.

14 (5) Conduct investigations related to possible

15 violations of this Act.

16 ~~The Department shall exercise, but subject to the provisions~~

17 ~~of this Act, the following functions, powers, and duties: (a)~~

18 ~~to ascertain the qualifications and fitness of applicants for~~

19 ~~licenses and permits; (b) to prescribe rules and regulations~~

20 ~~for the administration of the Act; (c) to conduct hearings on~~

21 ~~proceedings to refuse to issue, refuse to renew, revoke,~~

22 ~~suspend, or subject to reprimand licenses or permits under~~

23 ~~this Act; and (d) to revoke, suspend, or refuse issuance or~~

24 ~~renewal of such licenses or permits.~~

25 (Source: P.A. 92-499, eff. 1-1-02.)

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1 (225 ILCS 105/6) (from Ch. 111, par. 5006)

2 (Section scheduled to be repealed on January 1, 2022)

3 Sec. 6. Restricted contests and events.

4 (a) All professional and amateur contests, or a

5 combination of both, in which physical contact is made are

6 prohibited in Illinois unless authorized by the Department

7 pursuant to the requirements and standards stated in this Act

8 and the rules adopted pursuant to this Act. This subsection

9 (a) does not apply to any of the following:

10 (1) Amateur boxing or full-contact martial arts

11 contests conducted by accredited secondary schools,

12 colleges, or universities, although a fee may be charged.

13 (2) Amateur boxing contests that are sanctioned by USA

14 Boxing or any other sanctioning organization approved by

15 the Department as determined by rule ~~Association of Boxing~~

16 ~~Commissions~~.

17 (3) Amateur boxing ~~or full-contact martial arts~~

18 contests conducted by a State, county, or municipal

19 entity, including those events held by any agency

20 organized under these entities.

21 (4) Amateur martial arts contests that are not defined

22 as full-contact martial arts contests under this Act~~,~~

23 ~~including, but not limited to, Karate, Kung Fu, Judo,~~

24 ~~Jujutsu, Tae Kwon Do, and Kyuki-Do~~.

25 (5) Full-contact martial arts contests, as defined by

26 this Act, that are recognized by the International Olympic

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1 Committee or are contested in the Olympic Games and are

2 not conducted in an enclosed fighting area or ring.

3 No other amateur boxing or full-contact martial arts

4 contests shall be permitted unless authorized by the

5 Department.

6 (b) The Department shall have the authority to determine

7 whether a professional or amateur contest is exempt for

8 purposes of this Section.

9 (Source: P.A. 96-663, eff. 8-25-09; 97-119, eff. 7-14-11;

10 97-1123, eff. 8-27-12.)

11 (225 ILCS 105/7) (from Ch. 111, par. 5007)

12 (Section scheduled to be repealed on January 1, 2022)

13 Sec. 7. Authorization to conduct contests; sanctioning

14 bodies.

15 (a) In order to conduct a professional contest ~~or,~~

16 ~~beginning 6 months after the adoption of rules pertaining to~~

17 ~~an amateur contest~~, an amateur contest, or a combination of

18 both, in this State, a promoter shall obtain a permit issued by

19 the Department in accordance with this Act and the rules and

20 regulations adopted pursuant thereto. This permit shall

21 authorize one or more professional or amateur contests, or a

22 combination of both.

23 (b) Before January 1, 2023, amateur ~~Amateur~~ full-contact

24 martial arts contests must be registered and sanctioned by a

25 sanctioning body approved by the Department for that purpose

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1 under the requirements and standards stated in this Act and

2 the rules adopted under this Act.

3 (c) On and after January 1, 2023, a promoter for an amateur

4 full-contact martial arts contest shall obtain a permit issued

5 by the Department under the requirements and standards set

6 forth in this Act and the rules adopted under this Act.

7 (d) On and after January 1, 2023, the Department shall not

8 approve any sanctioning body. A sanctioning body's approval by

9 the Department that was received before January 1, 2023 is

10 withdrawn on January 1, 2023.

11 (e) A permit issued under this Act is not transferable.

12 (Source: P.A. 96-663, eff. 8-25-09; 97-119, eff. 7-14-11.)

13 (225 ILCS 105/8) (from Ch. 111, par. 5008)

14 (Section scheduled to be repealed on January 1, 2022)

15 Sec. 8. Permits.

16 (a) A promoter who desires to obtain a permit to conduct a

17 professional or amateur contest, or a combination of both,

18 shall apply to the Department at least 30 calendar ~~20~~ days

19 prior to the event, in writingor electronically, on forms

20 prescribed ~~furnished~~by the Department. The application shall

21 be accompanied by the required fee and shall contain, but not

22 be limited to, the following information to be submitted at

23 times specified by rule:

24 (1) the legal names and addresses of the promoter;

25 (2) the name of the matchmaker;

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1 (3) the time and exact location of the professional or

2 amateur contest, or a combination of both. It is the

3 responsibility of the promoter to ensure that the building

4 to be used for the event complies with all laws,

5 ordinances, and regulations in the city, town, village, or

6 county where the contest is to be held;

7 (4) the signed and executed copy of the event venue

8 lease agreement; and ~~proof of adequate security measures,~~

9 ~~as determined by Department rule, to ensure the protection~~

10 ~~of the safety of contestants and the general public while~~

11 ~~attending professional or amateur contests, or a~~

12 ~~combination of both;~~

13 ~~(5) proof of adequate medical supervision, as~~

14 ~~determined by Department rule, to ensure the protection of~~

15 ~~the health and safety of professionals' or amateurs' while~~

16 ~~participating in the contest;~~

17 (5) ~~(6)~~ the initial list of names of the professionals

18 or amateurs competing subject to Department approval. ~~;~~

19 ~~(7) proof of insurance for not less than $50,000 as~~

20 ~~further defined by rule for each professional or amateur~~

21 ~~participating in a professional or amateur contest, or a~~

22 ~~combination of both; insurance required under this~~

23 ~~paragraph (7) shall cover (i) hospital, medication,~~

24 ~~physician, and other such expenses as would accrue in the~~

25 ~~treatment of an injury as a result of the professional or~~

26 ~~amateur contest; (ii) payment to the estate of the~~

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1 ~~professional or amateur in the event of his or her death as~~

2 ~~a result of his or her participation in the professional~~

3 ~~or amateur contest; and (iii) accidental death and~~

4 ~~dismemberment; the terms of the insurance coverage must~~

5 ~~not require the contestant to pay a deductible. The~~

6 ~~promoter may not carry an insurance policy with a~~

7 ~~deductible in an amount greater than $500 for the medical,~~

8 ~~surgical, or hospital care for injuries a contestant~~

9 ~~sustains while engaged in a contest, and if a licensed or~~

10 ~~registered contestant pays for the medical, surgical, or~~

11 ~~hospital care, the insurance proceeds must be paid to the~~

12 ~~contestant or his or her beneficiaries as reimbursement~~

13 ~~for such payment;~~

14 ~~(8) the amount of the purses to be paid to the~~

15 ~~professionals for the event; the Department shall adopt~~

16 ~~rules for payment of the purses;~~

17 ~~(9) organizational or internationally accepted rules,~~

18 ~~per discipline, for professional or amateur full-contact~~

19 ~~martial arts contests where the Department does not~~

20 ~~provide the rules;~~

21 ~~(10) proof of contract indicating the requisite~~

22 ~~registration and sanctioning by a Department approved~~

23 ~~sanctioning body for any full-contact martial arts contest~~

24 ~~with scheduled amateur bouts; and~~

25 ~~(11) any other information that the Department may~~

26 ~~require to determine whether a permit shall be issued.~~

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1 (b) The Department may issue a permit to any promoter who

2 meets the requirements of this Act and the rules. The permit

3 shall only be issued for a specific date and location of a

4 professional or amateur contest, or a combination of both, and

5 shall not be transferable. The Department may allow a promoter

6 to amend a permit application to hold a professional or

7 amateur contest, or a combination of both, in a different

8 location other than the application specifiesif all

9 requirements of this Section are met, waiving the 30-day

10 provision of subsection (a) ~~and may allow the promoter to~~

11 ~~substitute professionals or amateurs, respectively~~.

12 (c) The Department shall be responsible for assigning the

13 judges, timekeepers, referees, and physicians~~,~~ for a

14 professional contest, an amateur contest, or a combination of

15 both. Compensation shall be determined by the Department, and

16 it shall be the responsibility of the promoter to pay the

17 individuals utilized.

18 (d) The promoter shall submit the following documents to

19 the Department at times specified by rule:

20 (1) proof of adequate security measures, as determined

21 by rule, to ensure the protection of the safety of

22 contestants and the general public while attending

23 professional contests, amateur contests, or a combination

24 of both;

25 (2) proof of adequate medical supervision, as

26 determined by rule, to ensure the protection of the health

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1 and safety of professionals or amateurs while

2 participating in contests;

3 (3) the complete and final list of names of the

4 professionals or amateurs competing, subject to Department

5 approval, which shall be submitted up to 48 hours prior to

6 the event date specified in the permit;

7 (4) proof of insurance for not less than $50,000 as

8 further defined by rule for each professional or amateur

9 participating in a professional or amateur contest, or a

10 combination of both; insurance required under this

11 paragraph shall cover: (i) hospital, medication,

12 physician, and other such expenses as would accrue in the

13 treatment of an injury as a result of the professional or

14 amateur contest; (ii) payment to the estate of the

15 professional or amateur in the event of his or her death as

16 a result of his or her participation in the professional

17 or amateur contest; and (iii) accidental death and

18 dismemberment; the terms of the insurance coverage shall

19 require the promoter, not the licensed contestant, to pay

20 the policy deductible for the medical, surgical, or

21 hospital care of a contestant for injuries a contestant

22 sustained while engaged in a contest; if a licensed

23 contestant pays for the medical, surgical, or hospital

24 care, the insurance proceeds shall be paid to the

25 contestant or his or her beneficiaries as reimbursement

26 for such payment;

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1 (5) the amount of the purses to be paid to the

2 professionals for the event as determined by rule;

3 (6) organizational or internationally accepted rules,

4 per discipline, for professional or amateur full-contact

5 martial arts contests if the Department does not provide

6 the rules for Department approval; and

7 (7) any other information the Department may require,

8 as determined by rule, to issue a permit.

9 (e) If the accuracy, relevance, or sufficiency of any

10 submitted documentation is questioned by the Department

11 because of lack of information, discrepancies, or conflicts in

12 information given or a need for clarification, the promoter

13 seeking a permit may be required to provide additional

14 information.

15 (Source: P.A. 97-119, eff. 7-14-11; 98-756, eff. 7-16-14.)

16 (225 ILCS 105/10) (from Ch. 111, par. 5010)

17 (Section scheduled to be repealed on January 1, 2022)

18 Sec. 10. Who must be licensed.

19 (a) In order to participate in ~~professional~~contests the

20 following persons must each be licensed and in good standing

21 with the Department: (a) professionals and amateurs, (b)

22 seconds, (c) referees, (d) judges, (e) managers, (f)

23 matchmakers, and (g) timekeepers.

24 (b) In order to participate in professional or amateur

25 contests or a combination of both, promoters must be licensed

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1 and in good standing with the Department.

2 (c) Announcers may participate in professional or amateur

3 contests, or a combination of both, without being licensed

4 under this Act. It shall be the responsibility of the promoter

5 to ensure that announcers comply with the Act, and all rules

6 and regulations promulgated pursuant to this Act.

7 (d) A licensed promoter may not act as, and cannot be

8 licensed as, a second, professional, referee, timekeeper,

9 judge, or manager. If he or she is so licensed, he or she must

10 relinquish any of these licenses to the Department for

11 cancellation. A person possessing a valid promoter's license

12 may act as a matchmaker.

13 (e) Participants in amateur full-contact martial arts

14 contests taking place before January 1, 2023 are not required

15 to obtain licenses by the Department, except for promoters of

16 amateur contests.

17 (Source: P.A. 97-119, eff. 7-14-11.)

18 (225 ILCS 105/11) (from Ch. 111, par. 5011)

19 (Section scheduled to be repealed on January 1, 2022)

20 Sec. 11. Qualifications for license. The Department shall

21 grant licenses to the following persons if the following

22 qualifications are met:

23 (1) An applicant for licensure as a professional or

24 amateurmust: (1) be 18 years old, (2) be of good moral

25 character, (3) file an application stating the applicant's

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1 legal name (and no assumed or ring name may be used unless

2 such name is registered with the Department along with the

3 applicant's legal name), date~~and place~~ of birth, place of

4 current residence, and a sworn statement that heor she is

5 not currently in violation of any federal, State or local

6 laws or rules governing boxing or full-contact martial

7 arts, (4) file a certificate from a physician licensed to

8 practice medicine in all of its branches which attests

9 that the applicant is physically fit and qualified to

10 participate in professional or amateur contests, and (5)

11 pay the required fee and meet any other requirementsas

12 determined by rule. Applicants over age 35 who have not

13 competed in a professional or amateur contest within the

14 12 ~~last 36~~monthspreceding their application for

15 licensure or have insufficient experience to participate

16 in a professional or amateur contest may be required to

17 appear before the Department to determine their fitness to

18 participate in a professional or amateur contest. ~~A~~

19 ~~picture identification card shall be issued to all~~

20 ~~professionals licensed by the Department who are residents~~

21 ~~of Illinois or who are residents of any jurisdiction,~~

22 ~~state, or country that does not regulate professional~~

23 ~~boxing or full-contact martial arts. The identification~~

24 ~~card shall be presented to the Department or its~~

25 ~~representative upon request at weigh-ins.~~

26 (2) An applicant for licensure as a referee, judge,

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1 manager, second, matchmaker, or timekeeper must: (1) be of

2 good moral character, (2) file an application stating the

3 applicant's name, date ~~and place~~of birth, and place of

4 current residence along with a certifying statement that

5 he or sheis not currently in violation of any federal,

6 State, or local laws or rules governing boxing, or

7 full-contact martial arts, (3) have had satisfactory

8 experience in his or her field as defined by rule, (4) pay

9 the required fee, and (5) meet any other requirements as

10 determined by rule.

11 (3) An applicant for licensure as a promoter must: (1)

12 be of good moral character, (2) file an application with

13 the Department stating the applicant's name, date~~and~~

14 ~~place~~of birth, place of current residence along with a

15 certifying statement that he or she is not currently in

16 violation of any federal, State, or local laws or rules

17 governing boxing or full-contact martial arts, (3) pay the

18 required fee and meet any other requirements as

19 established by rule, and (4) in addition to the foregoing,

20 an applicant for licensure as a promoter of professional

21 or amateur contests or a combination of both professional

22 and amateur bouts in one contest shall also provide (i)

23 proof of a surety bond of no less than $5,000 to cover

24 financial obligations under this Act, payable to the

25 Department and conditioned for the payment of the tax

26 imposed by this Act and compliance with this Act, and the

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1 rules adopted under this Act, and (ii) ~~a financial~~

2 ~~statement, prepared by a certified public accountant,~~

3 ~~showing liquid working capital of $10,000 or more, or~~ a

4 $10,000 performance bond guaranteeing payment of all

5 obligations relating to the promotional activities payable

6 to the Department and conditioned for the payment of the

7 tax imposed by this Act and its rules.

8 (4) All applicants shall submit an application to the

9 Department, in writing or electronically, on forms

10 prescribed ~~provided~~ by the Department, containing such

11 information as determined by rule.

12 In determining good moral character, the Department may

13 take into consideration any violation of any of the provisions

14 of Section 16 of this Act as to referees, judges, managers,

15 matchmakers, timekeepers, or promoters and any felony

16 conviction of the applicant, but such a conviction shall not

17 operate as a bar to licensure. No license issued under this Act

18 is transferable.

19 ~~The Department may issue temporary licenses as provided by~~

20 ~~rule.~~

21 (Source: P.A. 96-663, eff. 8-25-09; 97-119, eff. 7-14-11.)

22 (225 ILCS 105/12) (from Ch. 111, par. 5012)

23 (Section scheduled to be repealed on January 1, 2022)

24 Sec. 12. Professional or amateur contests.

25 (a) The professional or amateur contest, or a combination

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1 of both, shall be held in an area where adequate neurosurgical

2 facilities are immediately available for skilled emergency

3 treatment of an injured professional or amateur.

4 (b) Each professional or amateur shall be examined before

5 the contest and promptly after each bout by a physician. The

6 physician shall determine, prior to the contest, if each

7 professional or amateur is physically fit to compete in the

8 contest. After the bout the physician shall examine the

9 professional or amateur to determine possible injury. If the

10 professional's or amateur's physical condition so indicates,

11 the physician shall recommend to the Department immediate

12 medical suspension. The physician or a licensed paramedic must

13 check the vital signs of all contestants as established by

14 rule.

15 (c) The physician may, at any time during the professional

16 or amateur bout, stop the professional or amateur bout to

17 examine a professional or amateur contestant and may direct

18 the referee to terminate the bout when, in the physician's

19 opinion, continuing the bout could result in serious injury to

20 the professional or amateur. If the professional's or

21 amateur's physical condition so indicates, the physician shall

22 recommend to the Department immediate medical suspension. The

23 physician shall certify to the condition of the professional

24 or amateur in writing, over hisor her signature on forms

25 prescribed ~~provided~~by the Department. Such reports shall be

26 submitted to the Department in a timely manner.

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1 (d) No professional or amateur contest, or a combination

2 of both, shall be allowed to begin or be held unless at least

3 one physician, at least one EMT and one paramedic, and one

4 ambulance have been contracted with solely for the care of

5 professionals or amateurs who are competing as defined by

6 rule.

7 (e) No professional boxing bout shall be more than 12

8 rounds in length. The rounds shall not be more than 3 minutes

9 each with a minimum one-minute ~~one minute~~ interval between

10 them, and no professional boxer shall be allowed to

11 participate in more than one contest within a 7-day period.

12 The number and length of rounds for all other professional

13 or amateur boxing or full-contact martial arts contests, or a

14 combination of both, shall be determined by rule.

15 (f) The number and types of officials required for each

16 professional or amateur contest, or a combination of both,

17 shall be determined by rule.

18 (g) The Department or its representative shall have

19 discretion to declare a price, remuneration, or purse or any

20 part of it belonging to the professional withheld if in the

21 judgment of the Department or its representative the

22 professional is not honestly competing.

23 (h) The Department shall have the authority to prevent a

24 professional or amateur contest, or a combination of both,

25 from being held and shall have the authority to stop a

26 professional or amateur contest, or a combination of both, for

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1 noncompliance with any part of this Act or rules or when, in

2 the judgment of the Department, or its representative,

3 continuation of the event would endanger the health, safety,

4 and welfare of the professionals or amateurs or spectators.

5 The Department's authority to stop a contest on the basis that

6 the professional or amateur contest, or a combination of both,

7 would endanger the health, safety, and welfare of the

8 professionals or amateurs or spectators shall extend to any

9 professional or amateur contest, or a combination of both,

10 regardless of whether that amateur contest is exempted from

11 the prohibition in Section 6 of this Act. ~~Department staff, or~~

12 ~~its representative, may be present at any full-contact martial~~

13 ~~arts contest with scheduled amateur bouts.~~

14 (i) A professional shall only compete against another

15 professional. An amateur shall only compete against another

16 amateur.

17 (Source: P.A. 97-119, eff. 7-14-11; 98-973, eff. 8-15-14.)

18 (225 ILCS 105/13) (from Ch. 111, par. 5013)

19 (Section scheduled to be repealed on January 1, 2022)

20 Sec. 13. Tickets; tax. ~~Tickets to professional or amateur~~

21 ~~contests, or a combination of both, shall be printed in such~~

22 ~~form as the Department shall prescribe. A certified inventory~~

23 ~~of all tickets printed for any professional or amateur~~

24 ~~contest, or a combination of both, shall be mailed to the~~

25 ~~Department by the promoter not less than 7 days before the~~

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1 ~~contest.~~The total number of ticketssold~~printed~~ shall not

2 exceed the total seating capacity of the premises in which the

3 professional or amateur contest, or a combination of both, is

4 to be held. No tickets of admission to any professional or

5 amateur contest, or a combination of both, shall be sold

6 except those declared on an official ticket inventory as

7 described in this Section.

8 A promoter who conducts a professional contest, an amateur

9 contest, or a combination of both ~~a professional and amateur~~

10 ~~contest~~under this Act shall, within7 business days ~~24 hours~~

11 after such a contest:

12 (1) furnish to the Department a writtenor electronic

13 report verified by the promoter or hisor her authorized

14 designee showing the number of tickets sold for such a

15 contest or the actual ticket stubs of tickets sold and the

16 amount of the gross proceeds thereof; and

17 (2) pay to the Department a tax of 5% of gross receipts

18 from the sale of admission tickets, not to exceed $75,000

19 ~~$52,500~~, to be collected by the Department and placed in

20 the General Professions Dedicated ~~Athletics Supervision~~

21 ~~and Regulation~~ Fund~~, a special fund created in the State~~

22 ~~Treasury to be administered by the Department~~.

23 Moneys in the General Professions Dedicated ~~Athletics~~

24 ~~Supervision and Regulation~~ Fund shall be used by the

25 Department, subject to appropriation, for expenses incurred in

26 administering this Act. Moneys in the Fund may be transferred

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1 to the Professions Indirect Cost Fund, as authorized under

2 Section 2105-300 of the Department of Professional Regulation

3 Law.

4 In addition to the payment of any other taxes and money due

5 under this Section, every promoter of a professional or a

6 combination of a professional and amateur contest shall pay to

7 the Department 3% of the first $500,000 and 4% thereafter,

8 which shall not exceed $50,000 ~~$35,000~~in total from the total

9 gross receipts from the sale, lease, or other exploitation of

10 broadcasting, including, but not limited to, Internet, cable,

11 television, and motion picture rights for that professional

12 contest, amateur contest, ~~or professional and amateur~~

13 combination of both, ~~contest~~or exhibition without any

14 deductions for commissions, brokerage fees, distribution fees,

15 advertising, professional contestants' purses, or any other

16 expenses or charges. These fees shall be paid to the

17 Department within 7 business days ~~72 hours~~ after the

18 conclusion of the broadcast of the contest and placed in the

19 General Professions Dedicated ~~Athletics Supervision and~~

20 ~~Regulation~~ Fund.

21 (Source: P.A. 97-119, eff. 7-14-11; 97-813, eff. 7-13-12.)

22 (225 ILCS 105/15) (from Ch. 111, par. 5015)

23 (Section scheduled to be repealed on January 1, 2022)

24 Sec. 15. Inspectors. The Secretary may appoint inspectors

25 to assist the Department staff in the administration of the

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1 Act. Each inspector appointed by the Secretary shall receive

2 compensation for each day he or she is engaged in the

3 transacting of business of the Department.~~Each inspector~~

4 ~~shall carry a card issued by the Department to authorize him or~~

5 ~~her to act in such capacity.~~The inspector or inspectors shall

6 supervise each professional contest, amateur contest, or

7 combination of bothand, at the Department's discretion, may

8 supervise any contest to ensure that the provisions of the Act

9 are strictly enforced.

10 (Source: P.A. 97-119, eff. 7-14-11.)

11 (225 ILCS 105/16) (from Ch. 111, par. 5016)

12 (Section scheduled to be repealed on January 1, 2022)

13 Sec. 16. Discipline and sanctions.

14 (a) The Department may refuse to issue a permitor ~~,~~

15 license~~,~~ or ~~registration,~~refuse to renew, suspend, revoke,

16 reprimand, place on probation, or take such other disciplinary

17 or non-disciplinary action as the Department may deem proper,

18 including the imposition of fines not to exceed $10,000 for

19 each violation, with regard to any permit or ~~,~~ license~~, or~~

20 ~~registration~~for one or any combination of the following

21 reasons:

22 (1) gambling, betting, or wagering on the result of or

23 a contingency connected with a professional or amateur

24 contest, or a combination of both, or permitting such

25 activity to take place;

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1 (2) participating in or permitting a sham or fake

2 professional or amateur contest, or a combination of both;

3 (3) holding the professional or amateur contest, or a

4 combination of both, at any other time or place than is

5 stated on the permit application;

6 (4) permitting any professional or amateur other than

7 those stated on the permit application to participate in a

8 professional or amateur contest, or a combination of both,

9 except as provided in Section 9;

10 (5) violation or aiding in the violation of any of the

11 provisions of this Act or any rules or regulations

12 promulgated thereto;

13 (6) violation of any federal, State or local laws of

14 the United States or other jurisdiction governing

15 professional or amateur contests or any regulation

16 promulgated pursuant thereto;

17 (7) charging a greater rate or rates of admission than

18 is specified on the permit application;

19 (8) failure to obtain all the necessary permits~~,~~

20 ~~registrations,~~ or licenses as required under this Act;

21 (9) failure to file the necessary bond or to pay the

22 gross receiptsor broadcasttax as required by this Act;

23 (10) engaging in dishonorable, unethical or

24 unprofessional conduct of a character likely to deceive,

25 defraud or harm the public, or which is detrimental to

26 honestly conducted contests;

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1 (11) employment of fraud, deception or any unlawful

2 means in applying for or securing a permit or license

3 under this Act;

4 (12) permitting a physician making the physical

5 examination to knowingly certify falsely to the physical

6 condition of a professional or amateur;

7 (13) permitting professionals or amateurs of widely

8 disparate weights or abilities to engage in professional

9 or amateur contests, respectively;

10 (14) participating in a ~~professional~~ contest ~~as a~~

11 ~~professional~~while under medical suspension in this State

12 or in any other state, territory or country;

13 (15) physical illness, including, but not limited to,

14 deterioration through the aging process, or loss of motor

15 skills which results in the inability to participate in

16 contests with reasonable judgment, skill, or safety;

17 (16) allowing one's license or permit issued under

18 this Act to be used by another person;

19 (17) failing, within a reasonable time, to provide any

20 information requested by the Department as a result of a

21 formal or informal complaint;

22 (18) professional incompetence;

23 (19) failure to file a return, or to pay the tax,

24 penalty or interest shown in a filed return, or to pay any

25 final assessment of tax, penalty or interest, as required

26 by any tax Act administered by the Illinois Department of

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1 Revenue, until such time as the requirements of any such

2 tax Act are satisfied;

3 (20) (blank);

4 (21) habitual or excessive use or addiction to

5 alcohol, narcotics, stimulants, or any other chemical

6 agent or drug that results in an inability to participate

7 in an event;

8 (22) failure to stop a professional or amateur

9 contest, or a combination of both, when requested to do so

10 by the Department;

11 (23) failure of a promoter to adequately supervise and

12 enforce this Act and its rules as applicable to amateur

13 contests, as set forth in rule; or

14 (24) a finding by the Department that the licensee,

15 after having his or her license placed on probationary

16 status, has violated the terms of probation.

17 (b) The determination by a circuit court that a licensee

18 is subject to involuntary admission or judicial admission as

19 provided in the Mental Health and Developmental Disabilities

20 Code operates as an automatic suspension. The suspension will

21 end only upon a finding by a court that the licensee is no

22 longer subject to involuntary admission or judicial admission,

23 issuance of an order so finding and discharging the licensee.

24 (c) In enforcing this Section, the Department, upon a

25 showing of a possible violation, may compel any individual

26 licensed to practice under this Act, or who has applied for

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1 licensure pursuant to this Act, to submit to a mental or

2 physical examination, or both, as required by and at the

3 expense of the Department. The examining physicians or

4 clinical psychologists shall be those specifically designated

5 by the Department. The Department may order the examining

6 physician or clinical psychologist to present testimony

7 concerning this mental or physical examination of the licensee

8 or applicant. No information shall be excluded by reason of

9 any common law or statutory privilege relating to

10 communications between the licensee or applicant and the

11 examining physician or clinical psychologist. Eye examinations

12 may be provided by aphysician licensed to practice medicine

13 in all of its branches or alicensed and certified therapeutic

14 optometrist. The individual to be examined may have, at his or

15 her own expense, another physician of his or her choice

16 present during all aspects of the examination. Failure of any

17 individual to submit to a mental or physical examination, when

18 directed, shall be grounds for suspensionor revocation of a

19 license.

20 (d) A contestant who tests positive for a banned

21 substance, as defined by rule, shall have his or her license

22 immediately suspended. The license shall be subject to other

23 discipline as authorized in this Section.

24 (Source: P.A. 96-663, eff. 8-25-09; 97-119, eff. 7-14-11.)

25 (225 ILCS 105/17) (from Ch. 111, par. 5017)

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1 (Section scheduled to be repealed on January 1, 2022)

2 Sec. 17. Administrative Procedure Act. The Illinois

3 Administrative Procedure Act is hereby expressly adopted and

4 incorporated herein as if all of the provisions of that Act

5 were included in this Act. The Department shall not be

6 required to annually verify email addresses as specified in

7 paragraph (2) subsection (a) of Section 10-75 of the Illinois

8 Administrative Procedure Act.For the purposes of this Act the

9 notice required under Section 10-25 of the Illinois

10 Administrative Procedure Act is deemed sufficient when mailed

11 to the last known address of record or emailed to the email

12 address of record ~~a party~~.

13 (Source: P.A. 88-45.)

14 (225 ILCS 105/17.7)

15 (Section scheduled to be repealed on January 1, 2022)

16 Sec. 17.7. Restoration of license from discipline.

17 (a) At any time after the successful completion of a term

18 of indefinite probation, suspension, or revocation of a

19 license under this Act, the Department may restore the license

20 to the licensee unless, after an investigation and a hearing,

21 the Secretary determines that restoration is not in the public

22 interest.

23 (b) If circumstances of suspension or revocation so

24 indicate, the Department may require an examination of the

25 licensee prior to restoring his or her license.

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1 (c) No person whose license has been revoked as authorized

2 in this Act may apply for restoration of that license until

3 allowed under the Civil Administrative Code of Illinois.

4 (d) A license that has been suspended or revoked shall be

5 considered nonrenewed for purposes of restoration under this

6 Section and a licensee restoring his or her license from

7 suspension or revocation must comply with the requirements for

8 renewal as set forth in this Act and its rules.

9 ~~At any time after the successful completion of a term of~~

10 ~~indefinite probation, suspension, or revocation of a license,~~

11 ~~the Department may restore the license to the licensee, unless~~

12 ~~after an investigation and hearing the Secretary determines~~

13 ~~that restoration is not in the public interest. No person or~~

14 ~~entity whose license, certificate, or authority has been~~

15 ~~revoked as authorized in this Act may apply for restoration of~~

16 ~~that license, certification, or authority until such time as~~

17 ~~provided for in the Civil Administrative Code of Illinois.~~

18 (Source: P.A. 97-119, eff. 7-14-11.)

19 (225 ILCS 105/17.8)

20 (Section scheduled to be repealed on January 1, 2022)

21 Sec. 17.8. Surrender of license. Upon the revocation or

22 suspension of a license~~or registration~~, the licensee shall

23 immediately surrender his or her license to the Department. If

24 the licensee fails to do so, the Department has the right to

25 seize the license.

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1 (Source: P.A. 91-408, eff. 1-1-00; 92-499, eff. 1-1-02.)

2 (225 ILCS 105/17.9)

3 (Section scheduled to be repealed on January 1, 2022)

4 Sec. 17.9. Summary suspension of a license ~~or~~

5 ~~registration~~. The Secretary may summarily suspend a license~~or~~

6 ~~registration~~ without a hearing if the Secretary finds that

7 evidence in the Secretary's possession indicates that the

8 continuation of practice would constitute an imminent danger

9 to the public, participants, including any professional

10 contest officials, or the individual involved or cause harm to

11 the profession. If the Secretary summarily suspends the

12 license without a hearing, a hearing must be commenced within

13 30 days after the suspension has occurred and concluded as

14 expeditiously as practical.

15 (Source: P.A. 97-119, eff. 7-14-11.)

16 (225 ILCS 105/18) (from Ch. 111, par. 5018)

17 (Section scheduled to be repealed on January 1, 2022)

18 Sec. 18. Investigations; notice and hearing.

19 (a) The Department may investigate the actions of any

20 applicant or of any person or entity holding or claiming to

21 hold a license under this Act.

22 (b) The Department shall, before disciplining an applicant

23 or licensee, at least 30 days prior to the date set for the

24 hearing: (i) notify, in writing, the accused of the charges

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1 made and the time and place for the hearing on the charges;

2 (ii) direct him or her to file a written answer to the charges,

3 under oath, within 20 days after service of the notice; and

4 (iii) inform the applicant or licensee that failure to file an

5 answer will result in a default being entered against the

6 applicant or licensee.

7 (c) Written or electronic notice, and any notice in the

8 subsequent proceedings, may be served by personal delivery, by

9 email, or by mail to the applicant or licensee at his or her

10 address of record or email address of record.

11 (d) At the time and place fixed in the notice, the hearing

12 officer appointed by the Secretary shall proceed to hear the

13 charges, and the parties or their counsel shall be accorded

14 ample opportunity to present any statement, testimony,

15 evidence, and argument as may be pertinent to the charges or to

16 their defense. The hearing officer may continue the hearing

17 from time to time.

18 (e) If the licensee or applicant, after receiving the

19 notice, fails to file an answer, his or her license may, in the

20 discretion of the Secretary, be suspended, revoked, or placed

21 on probationary status or be subject to whatever disciplinary

22 action the Secretary considers proper, including limiting the

23 scope, nature, or extent of the person's practice or

24 imposition of a fine, without hearing, if the act or acts

25 charged constitute sufficient grounds for the action under

26 this Act.

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1 ~~The Department may investigate the actions of any applicant or~~

2 ~~of any person or persons promoting or participating in a~~

3 ~~professional or amateur contest or any person holding or~~

4 ~~claiming to hold a license. The Department shall, before~~

5 ~~revoking, suspending, placing on probation, reprimanding, or~~

6 ~~taking any other disciplinary action under this Act, at least~~

7 ~~30 days before the date set for the hearing, (i) notify the~~

8 ~~accused in writing of the charges made and the time and place~~

9 ~~for the hearing on the charges, (ii) direct him or her to file~~

10 ~~a written answer to the charges with the Department under oath~~

11 ~~within 20 days after the service on him or her of the notice,~~

12 ~~and (iii) inform the accused that, if he or she fails to~~

13 ~~answer, default will be taken against him or her or that his or~~

14 ~~her license may be suspended, revoked, or placed on~~

15 ~~probationary status or that other disciplinary action may be~~

16 ~~taken with regard to the license, including limiting the~~

17 ~~scope, nature, or extent of his or her practice, as the~~

18 ~~Department may consider proper. At the time and place fixed in~~

19 ~~the notice, the hearing officer shall proceed to hear the~~

20 ~~charges, and the parties or their counsel shall be accorded~~

21 ~~ample opportunity to present any pertinent statements,~~

22 ~~testimony, evidence, and arguments. The hearing officer may~~

23 ~~continue the hearing from time to time. In case the person,~~

24 ~~after receiving the notice, fails to file an answer, his or her~~

25 ~~license may, in the discretion of the Department, be~~

26 ~~suspended, revoked, or placed on probationary status or the~~

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1 ~~Department may take whatever disciplinary action considered~~

2 ~~proper, including limiting the scope, nature, or extent of the~~

3 ~~person's practice or the imposition of a fine, without a~~

4 ~~hearing, if the act or acts charged constitute sufficient~~

5 ~~grounds for that action under this Act. The written notice may~~

6 ~~be served by personal delivery or by certified mail to the~~

7 ~~person's address of record.~~

8 (Source: P.A. 97-119, eff. 7-14-11.)

9 (225 ILCS 105/19) (from Ch. 111, par. 5019)

10 (Section scheduled to be repealed on January 1, 2022)

11 Sec. 19. Hearing; Motion for rehearing ~~Findings and~~

12 ~~recommendations~~.

13 (a) The hearing officer appointed by the Secretary shall

14 hear evidence in support of the formal charges and evidence

15 produced by the applicant or licensee. At the conclusion of

16 the hearing, the hearing officer shall present to the

17 Secretary a written report of his or her findings of fact,

18 conclusions of law, and recommendations.

19 (b) A copy of the hearing officer's report shall be served

20 upon the applicant or licensee, either personally or as

21 provided in this Act for the service of the notice of hearing.

22 Within 20 calendar days after such service, the applicant or

23 licensee may present to the Department a motion, in writing,

24 for a rehearing that shall specify the particular grounds for

25 rehearing. The Department may respond to the motion for

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1 rehearing within 20 calendar days after its service on the

2 Department. If no motion for rehearing is filed, then upon the

3 expiration of the time specified for filing such a motion, or

4 upon denial of a motion for rehearing, the Secretary may enter

5 an order in accordance with the recommendations of the hearing

6 officer. If the applicant or licensee orders from the

7 reporting service and pays for a transcript of the record

8 within the time for filing a motion for rehearing, the 20

9 calendar day period within which a motion may be filed shall

10 commence upon delivery of the transcript to the applicant or

11 licensee.

12 (c) If the Secretary disagrees in any regard with the

13 report of the hearing officer, the Secretary may issue an

14 order contrary to the report.

15 (d) Whenever the Secretary is not satisfied that

16 substantial justice has been done, the Secretary may order a

17 hearing by the same or another hearing officer.

18 (e) At any point in any investigation or disciplinary

19 proceeding provided for in this Act, both parties may agree to

20 a negotiated consent order. The consent order shall be final

21 upon signature of the Secretary.

22 ~~At the conclusion of the hearing, the hearing officer shall~~

23 ~~present to the Secretary a written report of its findings,~~

24 ~~conclusions of law, and recommendations. The report shall~~

25 ~~contain a finding of whether the accused person violated this~~

26 ~~Act or its rules or failed to comply with the conditions~~

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1 ~~required in this Act or its rules. The hearing officer shall~~

2 ~~specify the nature of any violations or failure to comply and~~

3 ~~shall make its recommendations to the Secretary. In making~~

4 ~~recommendations for any disciplinary actions, the hearing~~

5 ~~officer may take into consideration all facts and~~

6 ~~circumstances bearing upon the reasonableness of the conduct~~

7 ~~of the accused and the potential for future harm to the public~~

8 ~~including, but not limited to, previous discipline of the~~

9 ~~accused by the Department, intent, degree of harm to the~~

10 ~~public and likelihood of harm in the future, any restitution~~

11 ~~made by the accused, and whether the incident or incidents~~

12 ~~contained in the complaint appear to be isolated or represent~~

13 ~~a continuing pattern of conduct. In making its recommendations~~

14 ~~for discipline, the hearing officer shall endeavor to ensure~~

15 ~~that the severity of the discipline recommended is reasonably~~

16 ~~related to the severity of the violation.~~

17 ~~The report of findings of fact, conclusions of law, and~~

18 ~~recommendation of the hearing officer shall be the basis for~~

19 ~~the Department's order refusing to issue, restore, or renew a~~

20 ~~license, or otherwise disciplining a licensee. If the~~

21 ~~Secretary disagrees with the recommendations of the hearing~~

22 ~~officer, the Secretary may issue an order in contravention of~~

23 ~~the hearing officer's recommendations. The finding is not~~

24 ~~admissible in evidence against the person in a criminal~~

25 ~~prosecution brought for a violation of this Act, but the~~

26 ~~hearing and finding are not a bar to a criminal prosecution~~

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1 ~~brought for a violation of this Act.~~

2 (Source: P.A. 97-119, eff. 7-14-11.)

3 (225 ILCS 105/19.1) (from Ch. 111, par. 5019.1)

4 (Section scheduled to be repealed on January 1, 2022)

5 Sec. 19.1. Hearing officer ~~Appointment of a hearing~~

6 ~~officer~~. Notwithstanding any provision of this Act, the

7 Secretary has the authority to appoint an attorney duly

8 licensed to practice law in the State of Illinois to serve as

9 the hearing officer in any action for refusal to issue or renew

10 a license or discipline a license. The hearing officer shall

11 have full authority to conduct the hearing. The hearing

12 officer shall report his or her findings of fact, conclusions

13 of law, and recommendations to the Secretary ~~The Secretary has~~

14 ~~the authority to appoint any attorney duly licensed to~~

15 ~~practice law in the State of Illinois to serve as the hearing~~

16 ~~officer in any action for refusal to issue, restore, or renew a~~

17 ~~license or discipline of a licensee. The hearing officer has~~

18 ~~full authority to conduct the hearing. The hearing officer~~

19 ~~shall report his or her findings of fact, conclusions of law,~~

20 ~~and recommendations to the Secretary. If the Secretary~~

21 ~~determines that the hearing officer's report is contrary to~~

22 ~~the manifest weight of the evidence, he may issue an order in~~

23 ~~contravention of the recommendation~~.

24 (Source: P.A. 97-119, eff. 7-14-11.)

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1 (225 ILCS 105/19.5)

2 (Section scheduled to be repealed on January 1, 2022)

3 Sec. 19.5. Order or certified copy; prima facie proof. An

4 order or certified copy thereof, over the seal of the

5 Department and purporting to be signed by the Secretary, is

6 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 and ~~.~~

11 (3) the hearing officer is qualified to act.

12 (Source: P.A. 97-119, eff. 7-14-11.)

13 (225 ILCS 105/20) (from Ch. 111, par. 5020)

14 (Section scheduled to be repealed on January 1, 2022)

15 Sec. 20. Record of proceeding ~~Stenographer; transcript~~.

16 (a) The Department, at its expense, shall provide a

17 certified shorthand reporter to take down the testimony and

18 preserve a record of all proceedings at the hearing of any case

19 in which a licensee may be revoked, suspended, placed on

20 probationary status, reprimanded, fined, or subjected to other

21 disciplinary action with reference to the license when a

22 disciplinary action is authorized under this Act and rules.

23 The notice of hearing, complaint, and all other documents in

24 the nature of pleadings and written portions filed in the

25 proceedings, the transcript of the testimony, the report of

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1 the hearing officer, and the orders of the Department shall be

2 the record of the proceedings. The record may be made

3 available to any person interested in the hearing upon payment

4 of the fee required by Section 2105-115 of the Department of

5 Professional Regulation Law of the Civil Administrative Code

6 of Illinois.

7 (b) The Department may contract for court reporting

8 services, and, if it does so, the Department shall provide the

9 name and contact information for the certified shorthand

10 reporter who transcribed the testimony at a hearing to any

11 person interested, who may obtain a copy of the transcript of

12 any proceedings at a hearing upon payment of the fee specified

13 by the certified shorthand reporter.

14 ~~The Department, at its expense, shall provide a stenographer~~

15 ~~to take down the testimony and preserve a record of all~~

16 ~~proceedings at the hearing of any case wherein a license or~~

17 ~~permit is subjected to disciplinary action. The notice of~~

18 ~~hearing, complaint and all other documents in the nature of~~

19 ~~pleadings and written motions filed in the proceedings, the~~

20 ~~transcript of testimony, the report of the hearing officer and~~

21 ~~the orders of the Department shall be the record of the~~

22 ~~proceedings. The Department shall furnish a transcript of the~~

23 ~~record to any person interested in the hearing upon payment of~~

24 ~~the fee required under Section 2105-115 of the Department of~~

25 ~~Professional Regulation Law (20 ILCS 2105/2105-115).~~

26 (Source: P.A. 97-119, eff. 7-14-11.)

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1 (225 ILCS 105/21) (from Ch. 111, par. 5021)

2 (Section scheduled to be repealed on January 1, 2022)

3 Sec. 21. Injunctive action; cease and desist order.

4 (a) If a person violates the provisions of this Act, the

5 Secretary ~~Director~~, in the name of the People of the State of

6 Illinois, through the Attorney General or the State's Attorney

7 of the county in which the violation is alleged to have

8 occurred, may petition for an order enjoining the violation or

9 for an order enforcing compliance with this Act. Upon the

10 filing of a verified petition, the court with appropriate

11 jurisdiction may issue a temporary restraining order, without

12 notice or bond, and may preliminarily and permanently enjoin

13 the violation. If it is established that the person has

14 violated or is violating the injunction, the court may punish

15 the offender for contempt of court. Proceedings under this

16 Section are in addition to, and not in lieu of, all other

17 remedies and penalties provided by this Act.

18 (b) Whenever, in the opinion of the Department, a person

19 violates any provision of this Act, the Department may issue a

20 rule to show cause why an order to cease and desist should not

21 be entered against that person. The rule shall clearly set

22 forth the grounds relied upon by the Department and shall

23 allow at least 7 days from the date of the rule to file an

24 answer satisfactory to the Department. Failure to answer to

25 the satisfaction of the Department shall cause an order to

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1 cease and desist to be issued.

2 (Source: P.A. 91-408, eff. 1-1-00.)

3 (225 ILCS 105/22) (from Ch. 111, par. 5022)

4 (Section scheduled to be repealed on January 1, 2022)

5 Sec. 22. The expiration date and renewal period for each

6 license issued under this Act shall be set by rule. The holder

7 of a license may renew such license during the month preceding

8 the expiration date thereof by paying the required feeand

9 meeting additional requirements as determined by rule.

10 (Source: P.A. 82-522.)

11 (225 ILCS 105/23) (from Ch. 111, par. 5023)

12 (Section scheduled to be repealed on January 1, 2022)

13 Sec. 23. Fees.

14 (a)The fees for the administration and enforcement of

15 this Act including, but not limited to, original licensure,

16 renewal, and restoration shall be set by rule. The fees shall

17 not be refundable. All~~Beginning July 1, 2003, all~~ of the fees,

18 taxes, and fines collected under this Act shall be deposited

19 into the General Professions Dedicated Fund.

20 (b) Before January 1, 2023, there shall be no fees for

21 amateur full-contact martial arts events; except that until

22 January 1, 2023, the applicant fees for promoters of amateur

23 events where only amateur bouts are held shall be $300.

24 (Source: P.A. 92-16, eff. 6-28-01; 92-499, eff. 1-1-02; 93-32,

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1 eff. 7-1-03.)

2 (225 ILCS 105/23.1) (from Ch. 111, par. 5023.1)

3 (Section scheduled to be repealed on January 1, 2022)

4 Sec. 23.1. Returned checks; fines. Any person who delivers

5 a check or other payment to the Department that is returned to

6 the Department unpaid by the financial institution upon which

7 it is drawn shall pay to the Department, in addition to the

8 amount already owed to the Department, a fine of $50. The fines

9 imposed by this Section are in addition to any other

10 discipline provided under this Act for unlicensed practice or

11 practice on a nonrenewed license. The Department shall notify

12 the person that payment of fees and fines shall be paid to the

13 Department by certified check or money order within 30

14 calendar days of the notification. If, after the expiration of

15 30 days from the date of the notification, the person has

16 failed to submit the necessary remittance, the Department

17 shall automatically terminate the license or deny the

18 application, without hearing. If, after termination or denial,

19 the person seeks a license, he or she shall apply to the

20 Department for restoration or issuance of the license and pay

21 all fees and fines due to the Department. The Department may

22 establish a fee for the processing of an application for

23 restoration of a license to pay all expenses of processing

24 this application. TheSecretary ~~Director~~ may waive the fines

25 due under this Section in individual cases where theSecretary

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1 ~~Director~~ finds that the fines would be unreasonable or

2 unnecessarily burdensome.

3 (Source: P.A. 92-146, eff. 1-1-02; 92-499, eff. 1-1-02.)

4 (225 ILCS 105/24) (from Ch. 111, par. 5024)

5 (Section scheduled to be repealed on January 1, 2022)

6 Sec. 24. Unlicensed practice; violations; civil penalty.

7 (a) Any person who practices, offers to practice, attempts

8 to practice, or holds himself or herself out as being able to

9 engage in practices requiring a license under this Act without

10 being licensed or exempt under this Act shall, in addition to

11 any other penalty provided by law, pay a civil penalty to the

12 Department in an amount not to exceed $10,000 for each

13 offense, as determined by the Department. The civil penalty

14 shall be assessed by the Department after a hearing is held in

15 accordance with the provision set forth in this Act regarding

16 the provision of a hearing for the discipline of a licensee.

17 (b) The Department may investigate any actual, alleged, or

18 suspected unlicensed activity.

19 (c) The civil penalty shall be paid within 60 days after

20 the effective date of the order imposing the civil penalty.

21 The order shall constitute a judgment and may be filed and

22 executed thereon in the same manner as any judgment from any

23 court of record.

24 (d) A person or entity not licensed under this Act who has

25 violated any provision of this Act or its rules is guilty of a

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1 Class A misdemeanor for the first offense and a Class 4 felony

2 for a second and subsequent offenses.

3 ~~A person who violates a provision of this Act is guilty of a~~

4 ~~Class A Misdemeanor. On conviction of a second or subsequent~~

5 ~~offense the violator shall be guilty of a Class 4 felony.~~

6 (Source: P.A. 86-615.)

7 (225 ILCS 105/24.5)

8 (Section scheduled to be repealed on January 1, 2022)

9 Sec. 24.5. Confidentiality. All information collected by

10 the Department in the course of an examination or

11 investigation of a licensee~~, registrant,~~ or applicant,

12 including, but not limited to, any complaint against a

13 licensee ~~or registrant~~ 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 such

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

22 enforcement agency shall not be disclosed by the agency for

23 any purpose to any other agency or person. A formal complaint

24 filed against a licensee ~~or registrant~~ by the Department or

25 any order issued by the Department against a licensee~~,~~

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1 ~~registrant,~~ or applicant shall be a public record, except as

2 otherwise prohibited by law.

3 (Source: P.A. 97-119, eff. 7-14-11.)

4 (225 ILCS 105/25.1)

5 (Section scheduled to be repealed on January 1, 2022)

6 Sec. 25.1. Medical Suspension.

7 (a) A licensee ~~or registrant~~who is determined by the

8 examining physicianor Departmentto be unfit to compete or

9 officiate shall be prohibited from participating in a contest

10 in Illinois and, if actively licensed, shall be medically

11 suspended ~~immediately suspended~~until it is shown that he or

12 she is fit for further competition or officiating.~~If the~~

13 ~~licensee or registrant disagrees with a medical suspension set~~

14 ~~at the discretion of the ringside physician, he or she may~~

15 ~~request a hearing to show proof of fitness. The hearing shall~~

16 ~~be provided at the earliest opportunity after the Department~~

17 ~~receives a written request from the licensee.~~

18 (b) If the referee has stopped the bout or rendered a

19 decision of technical knockout against a professional or

20 amateur~~or if the professional or amateur is knocked out other~~

21 ~~than by a blow to the head~~, the professional or amateur shall

22 be medically~~immediately~~ suspended immediately for a period of

23 not less than 30 days.

24 (c) In a full-contact martial arts contest, if the

25 professional or amateur has tapped out, ~~or~~ has submitted, or

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1 the referee has stopped the bout, ~~shall stop the professional~~

2 ~~or amateur contest and~~ the ringside physician shall determine

3 the length of suspension.

4 (d) If the professional or amateur has been knocked

5 unconscious ~~out by a blow to the head~~, he or she shall be

6 medicallysuspended immediately for a period of not less than

7 45 days.

8 (e) A licensee may receive a medical suspension for any

9 injury sustained as a result of a bout that shall not be less

10 than 7 days.

11 (f) A licensee may receive additional terms and conditions

12 for a medical suspension beyond a prescribed passage of time

13 as authorized under this Section.

14 (g) If a licensee receives a medical suspension that

15 includes terms and conditions in addition to the prescribed

16 passage of time as authorized under this Section, before the

17 removal of the medical suspension, a licensee shall:

18 (1) satisfactorily pass a medical examination;

19 (2) provide those examination results to the

20 Department;

21 (3) provide any additional requested documentation as

22 directed by the licensee's examining physician or

23 Department where applicable; and

24 (4) if the licensee's examining physician requires any

25 necessary additional medical procedures during the

26 examination related to the injury that resulted in the

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1 medical suspension, those results shall be provided to the

2 Department.

3 (h) Any medical suspension imposed as authorized under

4 this Act against a licensee shall be reported to the

5 Department's record keeper as determined by rule.

6 (i) A medical suspension as authorized under this Section

7 shall not be considered a suspension under Section 16 of this

8 Act. A violation of the terms of a medical suspension

9 authorized under this Section shall subject a licensee to

10 discipline under Section 16 of this Act.

11 (j) A professional or amateur contestant who has been

12 placed on medical suspension under the laws of another state,

13 the District of Columbia, or a territory of the United States

14 for substantially similar reasons as this Section shall be

15 prohibited from participating in a contest as authorized under

16 this Act until the requirements of subsection (g) of this

17 Section have been met or the medical suspension has been

18 removed by that jurisdiction.

19 (k) A medical suspension authorized under this Section

20 shall begin the day after the bout a licensee participated in.

21 ~~Prior to reinstatement, any professional or amateur~~

22 ~~suspended for his or her medical protection shall~~

23 ~~satisfactorily pass a medical examination upon the direction~~

24 ~~of the Department. The examining physician may require any~~

25 ~~necessary medical procedures during the examination.~~

26 (Source: P.A. 96-663, eff. 8-25-09; 97-119, eff. 7-14-11.)

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1 (225 ILCS 105/0.10 rep.)

2 (225 ILCS 105/10.1 rep.)

3 (225 ILCS 105/10.5 rep.)

4 (225 ILCS 105/11.5 rep.)

5 (225 ILCS 105/17.11 rep.)

6 (225 ILCS 105/17.12 rep.)

7 (225 ILCS 105/19.4 rep.)

8 Section 30. The Boxing and Full-contact Martial Arts Act

9 is amended by repealing Sections 0.10, 10.1, 10.5, 11.5,

10 17.11, 17.12, and 19.4.

11 Section 35. The Registered Interior Designers Act is

12 amended by changing Section 3, 4, 4.5, 6, 7, 11, 14, 20, 23,

13 29, 30 and by adding Section 3.1 as follows:

14 (225 ILCS 310/3) (from Ch. 111, par. 8203)

15 (Section scheduled to be repealed on January 1, 2022)

16 Sec. 3. Definitions. As used in this Act:

17 "Address of record" means the designated address recorded

18 by the Department in the applicant's application file or the

19 registrant's registration file as maintained by the

20 Department's licensure maintenance unit.

21 "Board" means the Board of Registered Interior Design

22 Professionals established under Section 6 of this Act.

23 "Department" means the Department of Financial and

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1 Professional Regulation.

2 "Email address of record" means the designated email

3 address recorded by the Department in the applicant's

4 application file or the registrant's registration file as

5 maintained by the Department's licensure maintenance unit.

6 "The profession of interior design", within the meaning

7 and intent of this Act, refers to persons qualified by

8 education, experience, and examination, who administer

9 contracts for fabrication, procurement, or installation in the

10 implementation of designs, drawings, and specifications for

11 any interior design project and offer or furnish professional

12 services, such as consultations, studies, drawings, and

13 specifications in connection with the location of lighting

14 fixtures, lamps and specifications of ceiling finishes as

15 shown in reflected ceiling plans, space planning, furnishings,

16 or the fabrication of non-loadbearing structural elements

17 within and surrounding interior spaces of buildings but

18 specifically excluding mechanical and electrical systems,

19 except for specifications of fixtures and their location

20 within interior spaces.

21 "Public member" means a person who is not an interior

22 designer, educator in the field, architect, structural

23 engineer, or professional engineer. For purposes of board

24 membership, any person with a significant financial interest

25 in the design or construction service or profession is not a

26 public member.

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1 "Registered interior designer" means a person who has

2 received registration under Section 8 of this Act. A person

3 represents himself or herself to be a "registered interior

4 designer" within the meaning of this Act if he or she holds

5 himself or herself out to the public by any title

6 incorporating the words "registered interior designer" or any

7 title that includes the words "registered interior design".

8 "Secretary" means the Secretary of Financial and

9 Professional Regulation.

10 (Source: P.A. 100-920, eff. 8-17-18.)

11 (225 ILCS 310/3.1 new)

12 Sec. 3.1. Address of record; email address of record. All

13 applicants and registrants shall:

14 (1) provide a valid address and email address to the

15 Department, which shall serve as the address of record and

16 email address of record, respectively, at the time of

17 application for registration or renewal of a registration;

18 and

19 (2) inform the Department of any change of address of

20 record or email address of record within 14 days after

21 such change either through the Department's website or by

22 contacting the Department's licensure maintenance unit.

23 (225 ILCS 310/4) (from Ch. 111, par. 8204)

24 (Section scheduled to be repealed on January 1, 2022)

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1 Sec. 4. Title; application of Act.

2 (a) No individual shall, without a valid registration as

3 an interior designer issued by the Department, in any manner

4 hold himself or herself out to the public as a registered

5 interior designer or attach the title "registered interior

6 designer" or any other name or designation which would in any

7 way imply that he or she is able to use the title "registered

8 interior designer" as defined in this Act.

9 (a-5) Nothing in this Act shall be construed as preventing

10 or restricting the services offered or advertised by an

11 interior designer who is registered under this Act.

12 (b) Nothing in this Act shall prevent the employment, by a

13 registered interior designer association, partnership, or a

14 corporation furnishing interior design services for

15 remuneration, of persons not registered as interior designers

16 to perform services in various capacities as needed, provided

17 that the persons do not represent themselves as, or use the

18 title of, "registered interior designer".

19 (c) Nothing in this Act shall be construed to limit the

20 activities and use of the title "interior designer" on the

21 part of a person not registered under this Act who is a

22 graduate of an interior design program and a full-time

23 employee of a duly chartered institution of higher education

24 insofar as such person engages in public speaking, with or

25 without remuneration, provided that such person does not

26 represent himself or herself to be a registered interior

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1 designer or use the title "registered interior designer".

2 (d) Nothing contained in this Act shall restrict any

3 person not registered under this Act from carrying out any of

4 the activities listed in the definition of "the profession of

5 interior design" in Section 3 if such person does not

6 represent himself or herself or his or her services in any

7 manner prohibited by this Act.

8 (e) Nothing in this Act shall be construed as preventing

9 or restricting the practice, services, or activities of any

10 person licensed in this State under any other law from

11 engaging in the profession or occupation for which he or she is

12 licensed.

13 (f) Nothing in this Act shall be construed as preventing

14 or restricting the practice, services, or activities of

15 engineers licensed under the Professional Engineering Practice

16 Act of 1989 or the Structural Engineering Practice Act of

17 1989; architects licensed pursuant to the Illinois

18 Architectural Practice Act of 1989; any interior decorator or

19 individual offering interior decorating services including,

20 but not limited to, the selection of surface materials, window

21 treatments, wall coverings, furniture, accessories, paint,

22 floor coverings, and lighting fixtures; or builders, home

23 furnishings salespersons, and similar purveyors of goods and

24 services relating to homemaking.

25 (g) Nothing in this Act or any other Act shall prevent a

26 licensed architect from practicing interior design services.

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1 Nothing in this Act shall be construed as requiring the

2 services of a registered interior designer for the interior

3 designing of a single family residence.

4 (h) Nothing in this Act shall authorize registered

5 interior designers to perform services, including life safety

6 services that they are prohibited from performing, or any

7 practice (i) that is restricted in the Illinois Architecture

8 Practice Act of 1989, the Professional Engineering Practice

9 Act of 1989, or the Structural Engineering Practice Act of

10 1989, or (ii) that they are not authorized to perform under the

11 Environmental Barriers Act.

12 (i) Nothing in this Act shall authorize registered

13 interior designers to advertise services that they are

14 prohibited to perform, including architecture or engineering

15 services, nor to use the title "architect" in any form.

16 (Source: P.A. 95-1023, eff. 6-1-09; 96-1334, eff. 7-27-10.)

17 (225 ILCS 310/4.5)

18 (Section scheduled to be repealed on January 1, 2022)

19 Sec. 4.5. Unregistered practice; violation; civil penalty.

20 (a) Any person who holds himself or herself out to be a

21 registered interior designer without being registered under

22 this Act shall, in addition to any other penalty provided by

23 law, pay a civil penalty to the Department in an amount not to

24 exceed $5,000 for each offense as determined by the

25 Department. The civil penalty shall be assessed by the

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1 Department after a hearing is held in accordance with the

2 provisions set forth in this Act regarding the provision of a

3 hearing for the discipline of a registrant ~~licensee~~.

4 (b) The Department has the authority and power to

5 investigate any illegal use of the title of registered

6 interior designer.

7 (c) The civil penalty shall be paid within 60 days after

8 the effective date of the order imposing the civil penalty.

9 The order shall constitute a judgment and may be filed and

10 execution had thereon in the same manner as any judgment from

11 any court of record.

12 (Source: P.A. 95-1023, eff. 6-1-09; 96-1334, eff. 7-27-10.)

13 (225 ILCS 310/6) (from Ch. 111, par. 8206)

14 (Section scheduled to be repealed on January 1, 2022)

15 Sec. 6. Board of Registered Interior Design Professionals.

16 The Secretary shall appoint a Board of Registered Interior

17 Design Professionals consisting of 5 members who shall serve

18 in an advisory capacity to the Secretary. All members of the

19 Board shall be residents of Illinois. Four members shall (i)

20 hold a valid registration as an interior designer in Illinois

21 and have held the registration under this Act for the

22 preceding 10 years; and (ii) not have been disciplined within

23 the preceding 10 years under this Act. In addition to the 4

24 registered interior designer members, there shall be one

25 public member. The public member shall be a voting member and

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1 shall not be licensed or registered under this Act or any other

2 design profession licensing Act that the Department

3 administers.

4 Board members shall serve 5-year terms and until their

5 successors are appointed and qualified. In appointing members

6 to the Board, the Secretary shall give due consideration to

7 recommendations by members and organizations of the interior

8 design profession.

9 The membership of the Board should reasonably reflect

10 representation from the geographic areas in this State.

11 No member shall be reappointed to the Board for a term that

12 would cause his or her continuous service on the Board to be

13 longer than 2 consecutive 5-year terms.

14 Appointments to fill vacancies shall be made in the same

15 manner as original appointments for the unexpired portion of

16 the vacated term.

17 Three members of the Board shall constitute a quorum. A

18 quorum is required for Board decisions.

19 The Secretary may remove any member of the Board for

20 misconduct, incompetence, or neglect of duty or for reasons

21 prescribed by law for removal of State officials.

22 The Secretary may remove a member of the Board who does not

23 attend 2 consecutive meetings.

24 Notice of proposed rulemaking may be transmitted to the

25 Board and the Department may review the response of the Board

26 and any recommendations made therein. The Department may, at

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1 any time, seek the expert advice and knowledge of the Board on

2 any matter relating to the administration or enforcement of

3 this Act.

4 Members of the Board are not liable for damages in any

5 action or proceeding as a result of activities performed as

6 members of the Board, except upon proof of actual malice.

7 Members of the Board shall be reimbursed for all

8 legitimate, necessary, and authorized expenses.

9 ~~There is created a Board of Registered Interior Design~~

10 ~~Professionals to be composed of persons designated from time~~

11 ~~to time by the Director, as follows:~~

12 ~~(a) For the first year, 5 persons, 4 of whom have been~~

13 ~~interior designers for a period of 5 years or more who~~

14 ~~would qualify upon application to the Department under~~

15 ~~this Act to be registered interior designers, and one~~

16 ~~public member. After the initial appointments, each~~

17 ~~interior design member shall hold a valid registration as~~

18 ~~a registered interior designer. The Board shall annually~~

19 ~~elect a chairman.~~

20 ~~(b) Terms for all members shall be 3 years. For~~

21 ~~initial appointments, one member shall be appointed to~~

22 ~~serve for one year, 2 shall be appointed to serve for 2~~

23 ~~years, and the remaining shall be appointed to serve for 3~~

24 ~~years and until their successors are appointed and~~

25 ~~qualified. Initial terms shall begin on the effective date~~

26 ~~of this Act. Partial terms over 2 years in length shall be~~

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1 ~~considered as full terms. A member may be reappointed for~~

2 ~~a successive term, but no member shall serve more than 2~~

3 ~~full terms.~~

4 ~~(c) The membership of the Board should reasonably~~

5 ~~reflect representation from the various geographic areas~~

6 ~~of the State.~~

7 ~~(d) In making appointments to the Board, the Director~~

8 ~~shall give due consideration to recommendations by~~

9 ~~national and state organizations of the interior design~~

10 ~~profession and shall promptly give due notice to such~~

11 ~~organizations of any vacancy in the membership of the~~

12 ~~Board. The Director may terminate the appointment of any~~

13 ~~member for any cause, which in the opinion of the~~

14 ~~Director, reasonably justifies such termination.~~

15 ~~(e) Three members shall constitute a quorum. A quorum~~

16 ~~is required for all Board decisions.~~

17 ~~(f) The members of the Board shall each receive as~~

18 ~~compensation a reasonable sum as determined by the~~

19 ~~Director for each day actually engaged in the duties of~~

20 ~~the office, and all legitimate and necessary expenses~~

21 ~~incurred in attending the meeting of the Board.~~

22 ~~(g) Members of the Board shall be immune from suit in~~

23 ~~any action based upon any disciplinary proceedings or~~

24 ~~other activities performed in good faith as members of the~~

25 ~~Board.~~

26 (Source: P.A. 95-1023, eff. 6-1-09; 96-1334, eff. 7-27-10.)

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1 (225 ILCS 310/7) (from Ch. 111, par. 8207)

2 (Section scheduled to be repealed on January 1, 2022)

3 Sec. 7. Board recommendations. The Secretary ~~Director~~

4 shall consider the recommendations of the Board in

5 establishing guidelines for professional conduct, for the

6 conduct of formal disciplinary proceedings brought under this

7 Act, and for establishing guidelines for qualifications of

8 applicants. Notice of proposed rulemakingmay ~~shall~~ be

9 transmitted to the Board and the Department shall review the

10 response of the Board and any recommendations made in their

11 response. The Department, at any time, may seek the expert

12 advice and knowledge of the Board on any matter relating to the

13 administration or enforcement of this Act.

14 (Source: P.A. 86-1404.)

15 (225 ILCS 310/11) (from Ch. 111, par. 8211)

16 (Section scheduled to be repealed on January 1, 2022)

17 Sec. 11. Fees. The Department shall provide by rule for a

18 schedule of fees for the administration and enforcement of

19 this Act, including but not limited to originalregistration

20 ~~licensure~~, renewal, and restoration. The fees shall be

21 nonrefundable.

22 All fees collected under this Act shall be deposited into

23 the General Professions Dedicated Fund and shall be

24 appropriated to the Department for the ordinary and contingent

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1 expenses of the Department in the administration of this Act.

2 (Source: P.A. 91-454, eff. 1-1-00.)

3 (225 ILCS 310/14) (from Ch. 111, par. 8214)

4 (Section scheduled to be repealed on January 1, 2022)

5 Sec. 14. Investigations; Notice of hearing. Upon the

6 motion of either the Department or the Board, or upon the

7 verified complaint in writing of any person setting forth

8 facts which, if proven, would constitute grounds for refusal,

9 suspension, or revocation of registration under this Act, the

10 Board shall investigate the actions of any person, hereinafter

11 called the "registrant", who holds or represents that he holds

12 a certificate of registration. All such motions or complaints

13 shall be brought to the Board.

14 The Director shall, before suspending, revoking, placing

15 on probationary status, or taking any other disciplinary

16 action as the Director may deem proper with regard to any

17 registration, at least 30 days prior to the date set for the

18 hearing, notify the registrant in writing of any charges made

19 and the time and place for a hearing on the charges before the

20 Board. The Board shall also direct the registrant to file his

21 written answer to the charges with the Board under oath within

22 20 days after the service on him of such notice, and inform him

23 that if he fails to file such answer, his certificate of

24 registration may be suspended, revoked, placed on probationary

25 status or other disciplinary action may be taken with regard

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1 thereto, as the Director may deem proper.

2 The written notice and any notice in such proceeding may

3 be served by delivery personally to the registrant,by email,

4 or by registered or certified mail to the address specified by

5 the registrant in his last notification to the Director.

6 The Department, at its expense, shall preserve a record of

7 all proceedings at the formal hearing of any case involving

8 the refusal to issue or renew a registration, or discipline of

9 a registrant. The notice of hearing, complaint, and all other

10 documents in the nature of pleadings and written motions filed

11 in the proceedings, the transcript of testimony, the report of

12 the Board, and the orders of the Department shall be the record

13 of such proceedings.

14 (Source: P.A. 86-1404.)

15 (225 ILCS 310/20) (from Ch. 111, par. 8220)

16 (Section scheduled to be repealed on January 1, 2022)

17 Sec. 20. Restoration. At any time after suspension,

18 revocation, placement on probationary status, or the taking of

19 any other disciplinary action with regard to any registration,

20 the Department may restore the certificate of registration, or

21 take any other action to reinstate the registration to good

22 standing, without further examination~~, upon the written~~

23 ~~recommendation of the Board~~.

24 (Source: P.A. 86-1404.)

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1 (225 ILCS 310/23) (from Ch. 111, par. 8223)

2 (Section scheduled to be repealed on January 1, 2022)

3 Sec. 23. Confidentiality. ~~Confidential information;~~

4 ~~Disclosure.~~ All information collected by the Department in the

5 course of an examination or investigation of a registrant or

6 applicant, including, but not limited to, any complaint

7 against a registrant filed with the Department and information

8 collected to investigate any such complaint, shall be

9 maintained for the confidential use of the Department and may

10 not be disclosed. The Department may not disclose the

11 information to anyone other than law enforcement officials,

12 other regulatory agencies that have an appropriate regulatory

13 interest as determined by the Secretary, or a party presenting

14 a lawful subpoena to the Department. Information and documents

15 disclosed to a federal, State, county, or local law

16 enforcement agency may not be disclosed by the agency for any

17 purpose to any other agency or person. A formal complaint

18 filed by the Department against a registrant or applicant is a

19 public record, except as otherwise prohibited by law. ~~In~~

20 ~~hearings conducted under this Act, information presented into~~

21 ~~evidence that was acquired by an interior designer in serving~~

22 ~~any individual in a professional capacity, and necessary to~~

23 ~~professionally serve such individual, shall be deemed strictly~~

24 ~~confidential and shall only be made available either as part~~

25 ~~of the record of a hearing hereunder or otherwise:~~

26 ~~(a) when the record is required, in its entirety, for~~

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1 ~~purposes of judicial review;~~

2 ~~(b) upon the express written consent of the individual~~

3 ~~served, or in the case of his or her death or disability, the~~

4 ~~consent of his or her personal representative.~~

5 (Source: P.A. 86-1404.)

6 (225 ILCS 310/29) (from Ch. 111, par. 8229)

7 (Section scheduled to be repealed on January 1, 2022)

8 Sec. 29. Illinois Administrative Procedure Act. The

9 Illinois Administrative Procedure Act is hereby expressly

10 adopted and incorporated herein as if all of the provisions of

11 that Act were included in this Act, except that the provision

12 of subsection (d) of Section 10-65 of the Illinois

13 Administrative Procedure Act that provides that at hearings

14 the registrant has the right to show compliance with all

15 lawful requirements for retention, continuation, or renewal of

16 the registration is specifically excluded. For the purposes of

17 this Act, the notice required under Section 10-25 of the

18 Illinois Administrative Procedure Act is deemed sufficient

19 when mailed or emailed to the last known address of a party.

20 (Source: P.A. 91-357, eff. 7-29-99.)

21 (225 ILCS 310/30) (from Ch. 111, par. 8230)

22 (Section scheduled to be repealed on January 1, 2022)

23 Sec. 30. Fund; appropriations; investments; audits

24 ~~Interior Design Administration and Investigation Fund~~. All of

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1 the fees collected pursuant to this Act shall be deposited

2 into the General Professions Dedicated Fund.

3 ~~On January 1, 2000 the State Comptroller shall transfer~~

4 ~~the balance of the monies in the Interior Design~~

5 ~~Administration and Investigation Fund into the General~~

6 ~~Professions Dedicated Fund. Amounts appropriated for fiscal~~

7 ~~year 2000 out of the Interior Design Administration and~~

8 ~~Investigation Fund may be paid out of the General Professions~~

9 ~~Dedicated Fund.~~

10 The moneys ~~monies~~ deposited in the General Professions

11 Dedicated Fund may be used for the expenses of the Department

12 in the administration of this Act.

13 Moneys from the Fund may also be used for direct and

14 allocable indirect costs related to the public purposes of the

15 Department of Professional Regulation. Moneys in the Fund may

16 be transferred to the Professions Indirect Cost Fund as

17 authorized by Section 2105-300 of the Department of

18 Professional Regulation Law ~~(20 ILCS 2105/2105-300)~~.

19 Upon the completion of any audit of the Department as

20 prescribed by the Illinois State Auditing Act that includes an

21 audit of the General Professions Dedicated Fund ~~Interior~~

22 ~~Design Administration and Investigation Fund~~, the Department

23 shall make the audit open to inspection by any interested

24 person. The copy of the audit report required to be submitted

25 to the Department by this Section is in addition to copies of

26 audit reports required to be submitted to other State officers

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1 and agencies by Section 3-14 of the Illinois State Auditing

2 Act.

3 (Source: P.A. 91-239, eff. 1-1-00; 91-454, eff. 1-1-00; 92-16,

4 eff. 6-28-01.)

5 Section 40. The Cemetery Oversight Act is amended by

6 changing Sections 5-15, 5-20, 5-25, 10-20, 10-21, 10-25,

7 10-40, 10-55, 20-10, 25-3, 25-5, 25-10, 25-15, 25-25, 25-30,

8 25-35, 25-90, 25-95, 25-105, 25-115, 35-5, 35-15, and 75-45

9 and by adding Sections 5-16, 5-26, and 25-26 as follows:

10 (225 ILCS 411/5-15)

11 (Section scheduled to be repealed on January 1, 2022)

12 Sec. 5-15. Definitions. In this Act:

13 "Address of record" means the designated address recorded

14 by the Department in the applicant's or licensee's application

15 file or license file. ~~It is the duty of the applicant or~~

16 ~~licensee to inform the Department of any change of address~~

17 ~~within 14 days either through the Department's website or by~~

18 ~~contacting the Department's licensure maintenance unit.~~ The

19 address of record for a cemetery authority shall be the

20 permanent street address of the cemetery.

21 "Applicant" means a person applying for licensure under

22 this Act as a cemetery authority, cemetery manager, or

23 customer service employee. Any applicant or any person who

24 holds himself or herself out as an applicant is considered a

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1 licensee for purposes of enforcement, investigation, hearings,

2 and the Illinois Administrative Procedure Act.

3 "Burial permit" means a permit provided by a licensed

4 funeral director for the disposition of a dead human body.

5 "Care" means the maintenance of a cemetery and of the

6 lots, graves, crypts, niches, family mausoleums, memorials,

7 and markers therein, including: (i) the cutting and trimming

8 of lawn, shrubs, and trees at reasonable intervals; (ii)

9 keeping in repair the drains, water lines, roads, buildings,

10 fences, and other structures, in keeping with a

11 well-maintained cemetery as provided for in Section 20-5 of

12 this Act and otherwise as required by rule; (iii) maintenance

13 of machinery, tools, and equipment for such care; (iv)

14 compensation of cemetery workers, any discretionary payment of

15 insurance premiums, and any reasonable payments for workers'

16 pension and other benefits plans; and (v) the payment of

17 expenses necessary for such purposes and for maintaining

18 necessary records of lot ownership, transfers, and burials.

19 "Cemetery" means any land or structure in this State

20 dedicated to and used, or intended to be used, for the

21 interment, inurnment, or entombment of human remains.

22 "Cemetery authority" means any individual or legal entity

23 that owns or controls cemetery lands or property.

24 "Cemetery manager" means an individual directly

25 responsible or holding himself or herself directly responsible

26 for the operation, maintenance, development, or improvement of

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1 a cemetery that is ~~or shall be~~ licensed under this Act or shall

2 be licensed pursuant to Section 10-39 of this Act,

3 irrespective of whether the individual is paid by the licensed

4 cemetery authority or a third party. ~~This definition does not~~

5 ~~include a volunteer who receives no compensation, either~~

6 ~~directly or indirectly, for his or her work as a cemetery~~

7 ~~manager.~~

8 "Cemetery merchandise" means items of personal property

9 normally sold by a cemetery authority not covered under the

10 Illinois Funeral or Burial Funds Act, including, but not

11 limited to: (1) memorials, (2) markers, (3) monuments, (4)

12 foundations and installations, and (5) outer burial

13 containers.

14 "Cemetery operation" means to engage in any or all of the

15 following, whether on behalf of, or in the absence of, a

16 cemetery authority: (i) the interment, entombment, or

17 inurnment of human remains, (ii) the sale of interment,

18 entombment, or inurnment rights, cemetery merchandise, or

19 cemetery services, (iii) the maintenance of interment rights

20 ownership records, (iv) the maintenance of or reporting of

21 interment, entombment, or inurnment records, (v) the

22 maintenance of cemetery property, (vi) the development or

23 improvement of cemetery grounds, or (vii) the maintenance and

24 execution of business documents, including State and federal

25 government reporting and the payment of taxes, for a cemetery

26 business entity.

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1 "Cemetery Oversight Database" means a database certified

2 by the Department as effective in tracking the interment,

3 entombment, or inurnment of human remains.

4 "Cemetery services" means those services customarily

5 performed by cemetery personnel in connection with the

6 interment, entombment, or inurnment of a dead human body.

7 "Certificate of organization" means the document received

8 by a cemetery association from the Secretary of State that

9 indicates that the cemetery association shall be deemed fully

10 organized as a body corporate under the name adopted and in its

11 corporate name may sue and be sued.

12 "Comptroller" means the Comptroller of the State of

13 Illinois.

14 "Confidential information" means unique identifiers,

15 including a person's Social Security number, home address,

16 home phone number, personal phone number, personal email

17 address, personal financial information, and any other

18 information protected by law.

19 "Consumer" means an individual who purchases or who is

20 considering purchasing cemetery, burial, or cremation products

21 or services from a cemetery authority, whether for themselves

22 or for another person.

23 "Customer service employee" means an individual who has

24 direct contact with consumers to explain cemetery merchandise,

25 services, and interment rights and to execute the sale of

26 those items to consumers, whether at the cemetery or an

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1 off-site location, irrespective of whether compensation is

2 paid by the cemetery authority or a third party. ~~This~~

3 ~~definition does not include a volunteer who receives no~~

4 ~~compensation, either directly or indirectly, for his or her~~

5 ~~work as a customer service employee.~~

6 "Department" means the Department of Financial and

7 Professional Regulation.

8 "Email address of record" means the designated email

9 address recorded by the Department in the applicant's

10 application file or the licensee's license file as maintained

11 by the Department's licensure maintenance unit.

12 "Employee" means an individual who works for a cemetery

13 authority where the cemetery authority has the right to

14 control what work is performed and the details of how the work

15 is performed regardless of whether federal or State payroll

16 taxes are withheld.

17 "Entombment right" means the right to place individual

18 human remains or individual cremated human remains in a

19 specific mausoleum crypt or lawn crypt selected by a consumer

20 for use as a final resting place.

21 "Family burying ground" means a cemetery in which no lots,

22 crypts, or niches are sold to the public and in which

23 interments, inurnments, and entombments are restricted to the

24 immediate family or a group of individuals related to each

25 other by blood or marriage.

26 "Full exemption" means an exemption granted to a cemetery

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1 authority pursuant to subsection (a) of Section 5-20.

2 "Funeral director" means a funeral director as defined by

3 the Funeral Directors and Embalmers Licensing Code.

4 "Grave" means a space of ground in a cemetery used or

5 intended to be used for burial.

6 "Green burial or cremation disposition" means burial or

7 cremation practices that reduce the greenhouse gas emissions,

8 waste, and toxic chemicals ordinarily created in burial or

9 cremation or, in the case of greenhouse gas emissions,

10 mitigate or offset emissions. Such practices include any

11 standards or method for burial or cremation that the

12 Department may name by rule.

13 "Immediate family" means the designated agent of a person

14 or the persons given priority for the disposition of a

15 person's remains under the Disposition of Remains Act and

16 shall include a person's spouse, parents, grandparents,

17 children, grandchildren and siblings.

18 "Individual" means a natural person.

19 "Interment right" means the right to place individual

20 human remains or cremated human remains in a specific

21 underground location selected by a consumer for use as a final

22 resting place.

23 "Inurnment right" means the right to place individual

24 cremated human remains in a specific niche selected by the

25 consumer for use as a final resting place.

26 "Lawn crypt" means a permanent underground crypt installed

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1 in multiple units for the entombment of human remains.

2 "Licensee" means a person licensed under this Act as a

3 cemetery authority, cemetery manager, or customer service

4 employee. Anyone who holds himself or herself out as a

5 licensee or who is accused of unlicensed practice is

6 considered a licensee for purposes of enforcement,

7 investigation, hearings, and the Illinois Administrative

8 Procedure Act.

9 "Mausoleum crypt" means a grouping of spaces constructed

10 of reinforced concrete or similar material constructed or

11 assembled above the ground for entombing remains.

12 "Niche" means a space in a columbarium or mausoleum used,

13 or intended to be used, for inurnment of cremated human

14 remains.

15 "Partial exemption" means an exemption granted to a

16 cemetery authority pursuant to subsection (b) of Section 5-20.

17 "Parcel identification number" means a unique number

18 assigned by the Cemetery Oversight Database to a grave, plot,

19 crypt, or niche that enables the Department to ascertain the

20 precise location of a decedent's remains interred, entombed,

21 or inurned after the effective date of this Act.

22 "Person" means any individual, firm, partnership,

23 association, corporation, limited liability company, trustee,

24 government or political subdivision, or other entity.

25 "Public cemetery" means a cemetery owned, operated,

26 controlled, or managed by the federal government, by any

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1 state, county, city, village, incorporated town, township,

2 multi-township, public cemetery district, or other municipal

3 corporation, political subdivision, or instrumentality thereof

4 authorized by law to own, operate, or manage a cemetery.

5 "Religious burying ground" means a cemetery in which no

6 lots, crypts, or niches are sold and in which interments,

7 inurnments, and entombments are restricted to a group of

8 individuals all belonging to a religious order or granted

9 burial rights by special consideration of the religious order.

10 "Religious cemetery" means a cemetery owned, operated,

11 controlled, and managed by any recognized church, religious

12 society, association, or denomination, or by any cemetery

13 authority or any corporation administering, or through which

14 is administered, the temporalities of any recognized church,

15 religious society, association, or denomination.

16 "Secretary" means the Secretary of Financial and

17 Professional Regulation or a person authorized by the

18 Secretary to act in the Secretary's stead.

19 "Term burial" means a right of interment sold to a

20 consumer in which the cemetery authority retains the right to

21 disinter and relocate the remains, subject to the provisions

22 of subsection (d) of Section 35-15 of this Act.

23 "Trustee" means any person authorized to hold funds under

24 this Act.

25 "Unique personal identifier" means the parcel

26 identification number in addition to the term of burial in

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1 years; the numbered level or depth in the grave, plot, crypt,

2 or niche; and the year of death for human remains interred,

3 entombed, or inurned after the effective date of this Act. The

4 unique personal identifier is assigned by the Cemetery

5 Oversight Database.

6 (Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)

7 (225 ILCS 411/5-16 new)

8 Sec. 5-16. Address of record; email address of record. All

9 applicants and licensees shall:

10 (1) provide a valid address and email address to the

11 Department, which shall serve as the address of record and

12 email address of record, respectively, at the time of

13 application for licensure or renewal of a license; and

14 (2) inform the Department of any change of address of

15 record or email address of record within 14 days after

16 such change either through the Department's website or by

17 contacting the Department's licensure maintenance unit.

18 (225 ILCS 411/5-20)

19 (Section scheduled to be repealed on January 1, 2022)

20 Sec. 5-20. Exemptions.

21 (a) Full exemption. Except as provided in this subsection,

22 this Act does not apply to (1) any cemetery authority

23 operating as a family burying ground or religious burying

24 ground, (2) any cemetery authority that has not engaged in an

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1 interment, inurnment, or entombment of human remains within

2 the last 10 years, or (3) any cemetery authority that is less

3 than 3 acres. For purposes of determining the applicability of

4 this subsection, the number of interments, inurnments, and

5 entombments shall be aggregated for each calendar year. A

6 cemetery authority claiming a full exemption shall apply for

7 exempt status as provided for in Section 10-20 of this Act. A

8 cemetery authority claiming a full exemption shall be subject

9 to Sections 10-40, 10-55, and 10-60 of this Act. A cemetery

10 authority that performs activities that would disqualify it

11 from a full exemption is required to apply for licensure

12 within one year following the date on which its activities

13 would disqualify it for a full exemption. A cemetery authority

14 that previously qualified for and maintained a full exemption

15 that fails to timely apply for licensure shall be deemed to

16 have engaged in unlicensed practice and shall be subject to

17 discipline in accordance with Article 25 of this Act.

18 (b) Partial exemption. If a cemetery authority does not

19 qualify for a full exemption and (1) engages in 25 or fewer

20 interments, inurnments, or entombments of human remains for

21 each of the preceding 2 calendar years, (2) operates as a

22 public cemetery, or (3) operates as a religious cemetery, then

23 the cemetery authority is partially exempt from this Act but

24 shall be required to comply with Sections 10-23, 10-40, 10-55,

25 10-60, subsections (a), (b), (b-5), (c), (d), (f), (g), and

26 (h) of Section 20-5, Sections 20-6, 20-8, 20-10, 20-12, 20-30,

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1 20-35, 20-40, 25-3, and 25-120, and Article 35 of this Act.

2 Cemetery authorities claiming a partial exemption shall apply

3 for the partial exemption as provided in Section 10-20 of this

4 Act. A cemetery authority that changes to a status that would

5 disqualify it from a partial exemption is required to apply

6 for licensure within one year following the date on which it

7 changes its status. A cemetery authority that maintains a

8 partial exemption that fails to timely apply for licensure

9 shall be deemed to have engaged in unlicensed practice and

10 shall be subject to discipline in accordance with Article 25

11 of this Act.

12 (c) Nothing in this Act applies to the City of Chicago in

13 its exercise of its powers under the O'Hare Modernization Act

14 or limits the authority of the City of Chicago to acquire

15 property or otherwise exercise its powers under the O'Hare

16 Modernization Act, or requires the City of Chicago, or any

17 person acting on behalf of the City of Chicago, to comply with

18 the licensing, regulation, or investigation~~, or mediation~~

19 requirements of this Act in exercising its powers under the

20 O'Hare Modernization Act.

21 (d) A cemetery manager and customer service employee

22 license may be in active status only during the period that

23 such a licensee is employed by a cemetery authority that is

24 licensed under this Act. In the event that a cemetery manager

25 or customer service employee commences work for a cemetery

26 granted an exemption under this Section, it shall be a duty of

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1 both the cemetery authority and the individual licensee to

2 immediately notify the Department so that the license may be

3 placed on inactive status. During the period that a license is

4 in inactive status, the involved person may not hold himself

5 or herself out as licensed. Upon returning to employment by a

6 cemetery licensed under this Act, such a cemetery manager or

7 customer service employee may reinstate the license to active

8 status simply by notifying the Department and paying the

9 applicable fee.

10 (Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)

11 (225 ILCS 411/5-25)

12 (Section scheduled to be repealed on January 1, 2022)

13 Sec. 5-25. Powers and duties of the Department. The

14 Department shall, subject ~~Subject~~ to the provisions of this

15 Act, ~~the Department may~~ exercise the following functions,

16 powers, and duties:

17 (1) Authorize certification programs to ascertain the

18 qualifications and fitness of applicants for licensing as

19 a licensed cemetery manager or as a customer service

20 employee to ascertain whether they possess the requisite

21 level of knowledge for such position.

22 (2) Examine a licensed cemetery authority's records

23 from any year or any other aspects of cemetery operation

24 as the Department deems appropriate.

25 (3) Investigate any and all cemetery operations.

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1 (4) Conduct hearings on proceedings to refuse to

2 issue, ~~or~~ renew, or restore licenses or to revoke,

3 suspend, place on probation, or reprimand~~, or otherwise~~

4 ~~discipline~~ a licensee ~~license~~ under this Act ~~or take other~~

5 ~~non-disciplinary action~~.

6 (5) Adopt ~~reasonable~~ rules required for the

7 administration of this Act.

8 (6) Prescribe forms to be issued for the

9 administration and enforcement of this Act.

10 (7) (Blank). ~~Maintain rosters of the names and~~

11 ~~addresses of all licensees and all persons whose licenses~~

12 ~~have been suspended, revoked, denied renewal, or otherwise~~

13 ~~disciplined within the previous calendar year. These~~

14 ~~rosters shall be available upon written request and~~

15 ~~payment of the required fee as established by rule.~~

16 (8) Work with the Office of the Comptroller and the

17 Department of Public Health, Division of Vital Records to

18 exchange information and request additional information

19 relating to a licensed cemetery authority.

20 (9) Investigate cemetery contracts, grounds, or

21 employee records.

22 (10) Issue licenses to those who meet the requirements

23 of this Act.

24 (11) Conduct investigations related to possible

25 violations of this Act.

26 If the Department exercises its authority to conduct

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1 investigations under this Section, the Department shall

2 provide the cemetery authority with information sufficient to

3 challenge the allegation. If the complainant consents, then

4 the Department shall provide the cemetery authority with the

5 identity of and contact information for the complainant so as

6 to allow the cemetery authority and the complainant to resolve

7 the complaint directly. Except as otherwise provided in this

8 Act, any complaint received by the Department and any

9 information collected to investigate the complaint shall be

10 maintained by the Department for the confidential use of the

11 Department and shall not be disclosed. The Department may not

12 disclose the information to anyone other than law enforcement

13 officials or other regulatory agencies or persons that have an

14 appropriate regulatory interest, as determined by the

15 Secretary, or to a party presenting a lawful subpoena to the

16 Department. Information and documents disclosed to a federal,

17 state, county, or local law enforcement agency shall not be

18 disclosed by the agency for any purpose to any other agency or

19 person. A formal complaint filed against a licensee by the

20 Department or any order issued by the Department against a

21 licensee or applicant shall be a public record, except as

22 otherwise prohibited by law.

23 (Source: P.A. 99-78, eff. 7-20-15.)

24 (225 ILCS 411/5-26 new)

25 Sec. 5-26. Confidentiality. All information collected by

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1 the Department in the course of an examination or

2 investigation of a licensee or applicant, including, but not

3 limited to, any complaint against a licensee filed with the

4 Department and information collected to investigate any such

5 complaint, shall be maintained for the confidential use of the

6 Department and shall not be disclosed. The Department may not

7 disclose the information to anyone other than law enforcement

8 officials, other regulatory agencies that have an appropriate

9 regulatory interest as determined by the Secretary, or a party

10 presenting a lawful subpoena to the Department. Information

11 and documents disclosed to a federal, State, county, or local

12 law enforcement agency shall not be disclosed by the agency

13 for any purpose to any other agency or person. A formal

14 complaint filed against a licensee by the Department or any

15 order issued by the Department against a licensee or applicant

16 shall be a public record, except as otherwise prohibited by

17 law.

18 (225 ILCS 411/10-20)

19 (Section scheduled to be repealed on January 1, 2022)

20 Sec. 10-20. Application for original license or exemption.

21 (a) Applications for original licensure as a cemetery

22 authority, cemetery manager, or customer service employee

23 authorized by this Act, or application for exemption from

24 licensure as a cemetery authority, shall be made to the

25 Department in writing on forms or electronically as prescribed

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1 by the Department, ~~which shall include the applicant's Social~~

2 ~~Security number or FEIN number, or both,~~ and shall be

3 accompanied by the required fee that shall not be refundable.

4 ~~as set by Section 10-55 of this Act and further refined by~~

5 ~~rule. Applications for partial or full exemption from~~

6 ~~licensure as a cemetery authority shall be submitted to the~~

7 ~~Department within 6 months after the Department adopts rules~~

8 ~~under this Act. If the person fails to submit the application~~

9 ~~for partial or full exemption within this period, the person~~

10 ~~shall be subject to discipline in accordance with Article 25~~

11 ~~of this Act. The process for renewing a full or partial~~

12 ~~exemption shall be set by rule.~~ If a cemetery authority seeks

13 to practice at more than one location, it shall meet all

14 licensure requirements at each location as required by this

15 Act and by rule, including submission of an application and

16 fee. All applications shall contain information that, in the

17 judgment of the Department, will enable the Department to pass

18 on the qualifications of the applicant for a license under

19 this Act.

20 (b) (Blank).

21 (c) After initial licensure, if any person comes to obtain

22 at least 51% of the ownership over the licensed cemetery

23 authority, then the cemetery authority shall have to apply for

24 a new license and receive licensure in the required time as set

25 by rule. The current license remains in effect until the

26 Department takes action on the application for a new license.

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1 (d) (Blank). ~~All applications shall contain the~~

2 ~~information that, in the judgment of the Department, will~~

3 ~~enable the Department to pass on the qualifications of the~~

4 ~~applicant for an exemption from licensure or for a license to~~

5 ~~practice as a cemetery authority, cemetery manager, or~~

6 ~~customer service employee as set by rule.~~

7 (Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)

8 (225 ILCS 411/10-21)

9 (Section scheduled to be repealed on January 1, 2022)

10 Sec. 10-21. Qualifications for licensure.

11 (a) ~~A cemetery authority shall apply for licensure on~~

12 ~~forms prescribed by the Department and pay the required fee.~~

13 An applicant is qualified for licensure as a cemetery

14 authority if the applicant meets all of the following

15 qualifications:

16 (1) The applicant has not committed any act or offense

17 in any jurisdiction that would constitute the basis for

18 discipline under this Act. When considering such license,

19 the Department shall take into consideration the

20 following:

21 (A) the applicant's record of compliance with the

22 Code of Professional Conduct and Ethics, and whether

23 the applicant has been found to have engaged in any

24 unethical or dishonest practices in the cemetery

25 business;

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1 (B) whether the applicant has been adjudicated,

2 civilly or criminally, to have committed fraud or to

3 have violated any law of any state involving unfair

4 trade or business practices, has been convicted of a

5 misdemeanor of which fraud is an essential element or

6 which involves any aspect of the cemetery business, or

7 has been convicted of any felony;

8 (C) whether the applicant has willfully violated

9 any provision of this Act or a predecessor law or any

10 regulations relating thereto;

11 (D) whether the applicant has been permanently or

12 temporarily suspended, enjoined, or barred by any

13 court of competent jurisdiction in any state from

14 engaging in or continuing any conduct or practice

15 involving any aspect of the cemetery or funeral

16 business; and

17 (E) whether the applicant has ever had any license

18 to practice any profession or occupation suspended,

19 denied, fined, or otherwise acted against or

20 disciplined by the applicable licensing authority.

21 If the applicant is a corporation, limited liability

22 company, partnership, or other entity permitted by law,

23 then the Department shall determine whether each

24 principal, owner, member, officer, and shareholder holding

25 25% or more of corporate stock has met the requirements of

26 this item (1) of subsection (a) of this Section.

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1 (2) The applicant must provide a statement of its

2 assets and liabilities to the Department.

3 (3) The applicant has not, within the preceding 10

4 years, been convicted of or entered a plea of guilty or

5 nolo contendere to (i) a Class X felony or (ii) a felony,

6 an essential element of which was fraud or dishonesty

7 under the laws of this State, another state, the United

8 States, or a foreign jurisdiction that is directly related

9 to the practice of cemetery operations. If the applicant

10 is a corporation, limited liability company, partnership,

11 or other entity permitted by law, then each principal,

12 owner, member, officer, and shareholder holding 25% or

13 more of corporate stock has not, within the preceding 10

14 years, been convicted of or entered a plea of guilty or

15 nolo contendere to (i) a Class X felony or (ii) a felony,

16 an essential element of which was fraud or dishonesty

17 under the laws of this State, another state, the United

18 States, or a foreign jurisdiction that is directly related

19 to the practice of cemetery operations.

20 (4) The applicant shall authorize the Department to

21 conduct a criminal background check that does not involve

22 fingerprinting.

23 (5) In the case of a person or entity applying for

24 renewal of his, her, or its license, the applicant has

25 complied with all other requirements of this Act and the

26 rules adopted for the implementation of this Act.

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1 (b) ~~The cemetery manager and customer service employees of~~

2 ~~a licensed cemetery authority shall apply for licensure as a~~

3 ~~cemetery manager or customer service employee on forms~~

4 ~~prescribed by the Department and pay the required fee.~~ A

5 person is qualified for licensure as a cemetery manager or

6 customer service employee if he or she meets all of the

7 following requirements:

8 (1) Is at least 18 years of age.

9 (2) Has acted in an ethical manner as set forth in

10 Section 10-23 of this Act. In determining qualifications

11 of licensure, the Department shall take into consideration

12 the factors outlined in item (1) of subsection (a) of this

13 Section.

14 (3) Submits proof of successful completion of a high

15 school education or its equivalent as established by rule.

16 (4) The applicant shall authorize the Department to

17 conduct a criminal background check that does not involve

18 fingerprinting.

19 (5) Has not committed a violation of this Act or any

20 rules adopted under this Act that, in the opinion of the

21 Department, renders the applicant unqualified to be a

22 cemetery manager.

23 (6) Submits proof of successful completion of a

24 certification course recognized by the Department for a

25 cemetery manager or customer service employee, whichever

26 the case may be.

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1 (7) Has not, within the preceding 10 years, been

2 convicted of or entered a plea of guilty or nolo

3 contendere to (i) a Class X felony or (ii) a felony, an

4 essential element of which was fraud or dishonesty under

5 the laws of this State, another state, the United States,

6 or a foreign jurisdiction that is directly related to the

7 practice of cemetery operations.

8 (8) (Blank).

9 (9) In the case of a person applying for renewal of his

10 or her license, has complied with all other requirements

11 of this Act and the rules adopted for implementation of

12 this Act.

13 (c) Each applicant for a cemetery authority, cemetery

14 manager, or customer service employee license shall authorize

15 the Department to conduct a criminal background check that

16 does not involve fingerprinting. The Department must, in turn,

17 conduct the criminal background check on each applicant. The

18 Department shall adopt rules to implement this subsection (c),

19 but in no event shall the Department impose a fee upon the

20 applicant for the background check.

21 (Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)

22 (225 ILCS 411/10-25)

23 (Section scheduled to be repealed on January 1, 2022)

24 Sec. 10-25. Certification.

25 (a) The Department shall authorize certification programs

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1 for cemetery manager and customer service employee applicants.

2 The certification programs must consist of education and

3 training in cemetery ethics, cemetery law, and cemetery

4 practices. Cemetery ethics shall include, without limitation,

5 the Code of Professional Conduct and Ethics as set forth in

6 Section 10-23 of this Act. Cemetery law shall include, without

7 limitation, the Cemetery Oversight Act, the Cemetery Care Act,

8 the Disposition of Remains Act, and the Cemetery Protection

9 Act. Cemetery practices shall include, without limitation,

10 treating the dead and their family members with dignity and

11 respect. The certification program shall include an

12 examination administered by the entity providing the

13 certification.

14 (a-5) An entity seeking to offer a certification program

15 to cemetery manager applicants and customer service employee

16 applicants must receive approval of its program from the

17 Department in a manner and form prescribed by the Department

18 by rule. As part of this process, the entity must submit to the

19 Department the examination it offers or intends to offer as

20 part of its certification program.

21 (a-10) A cemetery manager applicant or customer service

22 employee applicant may choose any entity that has been

23 approved by the Department from which to obtain certification.

24 (b) Cemetery manager applicants and customer service

25 employee applicants shall pay the fee for the certification

26 program directly to the entity offering the program.

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1 (c) If the cemetery manager applicant or customer service

2 employee applicant neglects, fails, or refuses to become

3 certified within one year after filing an application, then

4 the application shall be denied. However, the applicant may

5 thereafter submit a new application accompanied by the

6 required fee. The applicant shall meet the requirements in

7 force at the time of making the new application.

8 (d) A cemetery manager applicant or customer service

9 employee applicant who has completed a certification program

10 offered by an entity that has not received the Department's

11 approval as required by this Section has not met the

12 qualifications for licensure as set forth in Section 10-21 of

13 this Act.

14 (e) The Department may approve ~~shall recognize~~ any

15 certification program that is conducted by a death care trade

16 association in Illinois that has been in existence for more

17 than 5 years that, in the determination of the Department,

18 provides adequate education and training in cemetery law,

19 cemetery ethics, and cemetery practices and administers an

20 examination covering the same.

21 (f) The Department may, without a hearing, summarily

22 withdraw its approval of a certification program that, in the

23 judgment of the Department, fails to meet the requirements of

24 this Act or the rules adopted under this Act. A certification

25 program that has had its approval withdrawn by the Department

26 may reapply for approval, but shall provide such additional

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1 information as may be required by the Department, including,

2 but not limited to, evidence to the Department's satisfaction

3 that the program is in compliance with this Act and the rules

4 adopted under this Act.

5 (Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)

6 (225 ILCS 411/10-40)

7 (Section scheduled to be repealed on January 1, 2022)

8 Sec. 10-40. Renewal, reinstatement, or restoration of

9 license ~~Expiration and renewal of license~~.

10 (a) The expiration date and renewal period for each

11 license issued under this Act shall be set by rule. The holder

12 of a license may renew such license during the month preceding

13 the expiration date thereof by paying the required fee.

14 (b) A licensee under this Act who has permitted his or her

15 license to expire or has had his or her license placed on

16 inactive status may have his or her license restored by making

17 application to the Department and filing proof acceptable to

18 the Department of his or her fitness of having his or her

19 license restored, including, but not limited to, sworn

20 evidence certifying to active practice in another jurisdiction

21 satisfactory to the Department, and by paying the required fee

22 as determined by rule. ~~Every cemetery authority, cemetery~~

23 ~~manager, and customer service employee license shall expire~~

24 ~~every 2 years. Every registration as a fully exempt cemetery~~

25 ~~authority or partially exempt cemetery authority shall expire~~

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1 ~~every 4 years. The expiration date, renewal period, and other~~

2 ~~requirements for each license and registration shall be~~

3 ~~further refined by rule.~~

4 (Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)

5 (225 ILCS 411/10-55)

6 (Section scheduled to be repealed on January 1, 2022)

7 Sec. 10-55. Fees.

8 (a) Except as provided in this Section, the fees for the

9 administration and enforcement of this Act shall be set by the

10 Department by rule. The fees ~~shall be reasonable and~~ shall not

11 be refundable.

12 (b) Cemetery manager applicants and customer service

13 employee applicants shall pay any certification program or

14 continuing education program fee directly to the entity

15 offering the program.

16 (c) The Department may waive fees based upon hardship.

17 (d) Nothing shall prohibit a cemetery authority from

18 paying, on behalf of its cemetery managers or customer service

19 employees, their application, renewal, or restoration fees.

20 (e) All fees and other moneys collected under this Act

21 shall be deposited in the Cemetery Oversight Licensing and

22 Disciplinary Fund.

23 (f) The fee for application as a cemetery authority

24 seeking a full exemption is $0.

25 (g) The fee to renew registration as a fully exempt

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1 cemetery authority is $0. ~~As provided in Section 10-40 of this~~

2 ~~Act and as further refined by rule, each registration as a~~

3 ~~fully exempt cemetery authority shall expire every 4 years.~~

4 (h) The fee for application as a cemetery authority

5 seeking a partial exemption is $150.

6 (i) The fee to renew registration as a partially exempt

7 cemetery authority is $150. ~~As provided in Section 10-40 of~~

8 ~~this Act and as further refined by rule, each registration as a~~

9 ~~partially exempt cemetery authority shall expire every 4~~

10 ~~years.~~

11 (j) The fee for original licensure, renewal, and

12 restoration as a cemetery authority not seeking a full or

13 partial exemption is $75. ~~As provided in Section 10-40 of this~~

14 ~~Act and as further refined by rule, each cemetery authority~~

15 ~~license shall expire every 2 years.~~

16 (k) The fee for original licensure, renewal, and

17 restoration as a cemetery manager is $25. ~~As provided in~~

18 ~~Section 10-40 of this Act and as further refined by rule, each~~

19 ~~cemetery manager license shall expire every 2 years.~~

20 (l) The fee for original licensure, renewal, and

21 restoration as a customer service employee is $25. ~~As provided~~

22 ~~in Section 10-40 of this Act and as further refined by rule,~~

23 ~~each customer service employee license shall expire every 2~~

24 ~~years.~~

25 (Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)

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1 (225 ILCS 411/20-10)

2 (Section scheduled to be repealed on January 1, 2022)

3 Sec. 20-10. Contract. At the time cemetery arrangements

4 are made and prior to rendering the cemetery services, a

5 cemetery authority shall create a completed written contract

6 to be provided to the consumer, signed by both parties by their

7 actual written signatures on either paper or electronic form,

8 that shall contain: (i) the date on which the arrangements

9 were made; (ii) the price of the service selected and the

10 services and merchandise included for that price; (iii) the

11 supplemental items of service and merchandise requested and

12 the price of each item; (iv) the terms or method of payment

13 agreed upon; and (v) a statement as to any monetary advances

14 made on behalf of the family. The cemetery authority shall

15 maintain a copy of such written contract in its permanent

16 records.

17 (Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)

18 (225 ILCS 411/25-3)

19 (Section scheduled to be repealed on January 1, 2022)

20 Sec. 25-3. Exemption~~, investigation, mediation~~. All

21 cemetery authorities maintaining a partial exemption must

22 submit to the following investigation ~~and mediation~~ procedure

23 by the Department in the event of a consumer complaint:

24 (a) Complaints to cemetery:

25 (1) the cemetery authority shall make every effort

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1 to first resolve a consumer complaint; and

2 (2) if the complaint is not resolved, then the

3 cemetery authority shall advise the consumer of his or

4 her right to file a complaint with ~~seek investigation~~

5 ~~and mediation by~~ the Department.

6 (b) Complaints to the Department:

7 (1) if the Department receives a complaint, the

8 Department shall make an initial determination as to

9 whether the complaint has a reasonable basis and

10 pertains to this Act;

11 (2) if the Department determines that the

12 complaint has a reasonable basis and pertains to this

13 Act, it shall inform the cemetery authority of the

14 complaint and give it 30 days to tender a response;

15 (3) upon receiving the cemetery authority's

16 response, or after the 30 days provided in subsection

17 (2) of this subsection, whichever comes first, the

18 Department shall attempt to resolve the complaint

19 telephonically with the parties involved;

20 (4) if the complaint still is not resolved, then

21 the Department shall conduct an investigation ~~and~~

22 ~~mediate the complaint~~as provided for by rule;

23 (5) if the Department conducts an on-site

24 investigation ~~and face-to-face mediation~~ with the

25 parties, then it may charge the cemetery authority a

26 single investigation ~~and mediation~~ fee, which fee

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1 shall be set by rule and shall be calculated on an

2 hourly basis; and

3 (6) if all attempts to resolve the consumer

4 complaint as provided for in paragraphs (1) through

5 (5) fail, then the cemetery authority may be subject

6 to proceedings for penalties and discipline under this

7 Article when it is determined by the Department that

8 the cemetery authority may have engaged in any of the

9 following: (i) gross malpractice; (ii) dishonorable,

10 unethical, or unprofessional conduct of a character

11 likely to deceive, defraud, or harm the public; (iii)

12 gross, willful, or continued overcharging for

13 services; (iv) incompetence; (v) unjustified failure

14 to honor its contracts; or (vi) failure to adequately

15 maintain its premises. The Department may issue a

16 citation or institute disciplinary action and cause

17 the matter to be prosecuted and may thereafter issue

18 and enforce its final order as provided in this Act.

19 (Source: P.A. 96-863, eff. 3-1-10.)

20 (225 ILCS 411/25-5)

21 (Section scheduled to be repealed on January 1, 2022)

22 Sec. 25-5. Citations.

23 (a) The Department may adopt rules to permit the issuance

24 of citations for non-frivolous complaints. The citation shall

25 be issued to the licensee and shall contain the licensee's

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1 name and address, the licensee's license number, a brief

2 factual statement, the Sections of the law allegedly violated,

3 and the penalty imposed. The citation must clearly state that

4 the licensee may choose, in lieu of accepting the citation, to

5 request a hearing. If the licensee does not dispute the matter

6 in the citation with the Department within 30 days after the

7 citation is served, then the citation shall become a final

8 order and shall constitute discipline. The penalty shall be a

9 fine or other conditions as established by rule.

10 (b) The Department shall adopt rules designating

11 violations for which a citation may be issued. Such rules

12 shall designate as citation violations those violations for

13 which there is no substantial threat to the public health,

14 safety, and welfare. Citations shall not be utilized if there

15 was any significant consumer harm resulting from the

16 violation.

17 (c) A citation must be issued within 6 months after the

18 reporting of a violation that is the basis for the citation.

19 (d) Service of a citation may be made by personal service,

20 regular mail, or email ~~or certified mail~~ to the licensee at the

21 licensee's address of record.

22 (Source: P.A. 96-863, eff. 3-1-10.)

23 (225 ILCS 411/25-10)

24 (Section scheduled to be repealed on January 1, 2022)

25 Sec. 25-10. Grounds for disciplinary action.

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1 (a) The Department may refuse to issue or renew a license

2 or may revoke, suspend, place on probation, reprimand, or take

3 other disciplinary or non-disciplinary action as the

4 Department may deem appropriate, including ~~imposing~~ fines not

5 to exceed $10,000 ~~$8,000~~ for each violation, with regard to

6 any license under this Act, for any one or combination of the

7 following:

8 (1) Material misstatement in furnishing information to

9 the Department.

10 (2) Violations of this Act, except for Section 20-8~~,~~

11 ~~or of the rules adopted under this Act~~.

12 (3) Conviction of or entry of a plea of guilty or nolo

13 contendere, finding of guilt, jury verdict, or entry of

14 judgment or sentencing, including, but not limited to,

15 convictions, preceding sentences of supervision,

16 conditional discharge, or first offender probation under

17 the law of any jurisdiction of the United States that is

18 (i) a Class X felony or (ii) a felony, an essential element

19 of which is fraud or dishonesty that is directly related

20 to the practice of cemetery operations. ~~Conviction of, or~~

21 ~~entry of a plea of guilty or nolo contendere to, any crime~~

22 ~~within the last 10 years that is a Class X felony or higher~~

23 ~~or is a felony involving fraud and dishonesty under the~~

24 ~~laws of the United States or any state or territory~~

25 ~~thereof.~~

26 (4) Fraud or any misrepresentation in applying for or

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1 procuring a license under this Act or in connection with

2 applying for renewal. ~~Making any misrepresentation for the~~

3 ~~purpose of obtaining licensure or violating any provision~~

4 ~~of this Act or the rules adopted under this Act.~~

5 (5) Incompetence or misconduct in the practice of

6 cemetery operations. ~~Professional incompetence.~~

7 (6) Gross malpractice.

8 (7) Aiding or assisting another person in violating

9 any provision of this Act or rules adopted under this Act.

10 (8) Failing, within 10 business days, to provide

11 information in response to a written request made by the

12 Department.

13 (9) Engaging in dishonorable, unethical, or

14 unprofessional conduct of a character likely to deceive,

15 defraud, or harm the public.

16 (10) Habitual or excessive use or abuse of drugs

17 defined in law as controlled substances, alcohol,

18 narcotics, stimulants, or any other substances that

19 results in the inability to practice pursuant to the

20 provisions of this Act with reasonable judgment, skill, or

21 safety while acting under the provisions of this Act.

22 ~~Inability to practice with reasonable judgment, skill, or~~

23 ~~safety as a result of habitual or excessive use of~~

24 ~~alcohol, narcotics, stimulants, or any other chemical~~

25 ~~agent or drug.~~

26 (11) Discipline by another ~~agency,~~ state, territory,

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1 foreign country, the District of Columbia, the United

2 States government ~~territory~~, or any other government

3 agency ~~foreign nation~~, if at least one of the grounds for

4 the discipline is the same or substantially equivalent to

5 those set forth in this Act ~~Section~~.

6 (12) Directly or indirectly giving to or receiving

7 from any person, firm, corporation, partnership, or

8 association any fee, commission, rebate, or other form of

9 compensation for professional services not actually or

10 personally rendered.

11 (13) A finding by the Department that the licensee,

12 after having his or her license placed on probationary

13 status, has violated the terms of probation or failed to

14 comply with such terms.

15 (14) Willfully making or filing false records or

16 reports in his or her practice, including, but not limited

17 to, false records filed with any governmental agency or

18 department.

19 (15) Inability to practice the profession with

20 reasonable judgment, skill, or safety as a result of

21 physical illness, including, but not limited to, loss of

22 motor skill, mental illness, or disability.

23 (16) Failure to comply with an order, decision, or

24 finding of the Department made pursuant to this Act.

25 (17) Directly or indirectly receiving compensation for

26 any professional services not actually performed.

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1 (18) Practicing under a false or, except as provided

2 by law, an assumed name.

3 (19) Using or attempting to use an expired, inactive,

4 suspended, or revoked license or impersonating another

5 licensee. ~~Fraud or misrepresentation in applying for, or~~

6 ~~procuring, a license under this Act or in connection with~~

7 ~~applying for renewal of a license under this Act.~~

8 (20) A finding by the Department that an applicant or

9 licensee has failed to pay a fine imposed by the

10 Department. ~~Cheating on or attempting to subvert the~~

11 ~~licensing examination administered under this Act.~~

12 (21) Unjustified failure to honor its contracts.

13 (22) Negligent supervision of a cemetery manager,

14 customer service employee, employee, or independent

15 contractor.

16 (23) (Blank). ~~A pattern of practice or other behavior~~

17 ~~which demonstrates incapacity or incompetence to practice~~

18 ~~under this Act.~~

19 (24) (Blank). ~~Allowing an individual who is not, but~~

20 ~~is required to be, licensed under this Act to perform work~~

21 ~~for the cemetery authority.~~

22 (25) (Blank).

23 (b) No action may be taken under this Act against a person

24 licensed under this Act for an occurrence or alleged

25 occurrence that predates the enactment of this Act ~~unless the~~

26 ~~action is commenced within 5 years after the occurrence of the~~

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1 ~~alleged violations, except for a violation of item (3) of~~

2 ~~subsection (a) of this Section. If a person licensed under~~

3 ~~this Act violates item (3) of subsection (a) of this Section,~~

4 ~~then the action may commence within 10 years after the~~

5 ~~occurrence of the alleged violation. A continuing violation~~

6 ~~shall be deemed to have occurred on the date when the~~

7 ~~circumstances last existed that give rise to the alleged~~

8 ~~violation~~.

9 (c) In enforcing this Section, the Department, upon a

10 showing of a possible violation, may order a licensee or

11 applicant to submit to a mental or physical examination, or

12 both, at the expense of the Department. The Department may

13 order the examining physician to present testimony concerning

14 his or her examination of the licensee or applicant. No

15 information shall be excluded by reason of any common law or

16 statutory privilege relating to communications between the

17 licensee or applicant and the examining physician. The

18 examining physicians shall be specifically designated by the

19 Department. The licensee or applicant may have, at his or her

20 own expense, another physician of his or her choice present

21 during all aspects of the examination. Failure of a licensee

22 or applicant to submit to any such examination when directed,

23 without reasonable cause, shall be grounds for either

24 immediate suspending of his or her license or immediate denial

25 of his or her application.

26 (1) If the Secretary immediately suspends the license

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1 of a licensee for his or her failure to submit to a mental

2 or physical examination when directed, a hearing must be

3 convened by the Department within 15 days after the

4 suspension and completed without appreciable delay.

5 (2) If the Secretary otherwise suspends a license

6 pursuant to the results of the licensee's mental or

7 physical examination, a hearing must be convened by the

8 Department within 15 days after the suspension and

9 completed without appreciable delay. The Department shall

10 have the authority to review the licensee's record of

11 treatment and counseling regarding the relevant impairment

12 or impairments to the extent permitted by applicable

13 federal statutes and regulations safeguarding the

14 confidentiality of medical records.

15 (3) Any licensee suspended under this subsection shall

16 be afforded an opportunity to demonstrate to the

17 Department that he or she can resume practice in

18 compliance with the acceptable and prevailing standards

19 under the provisions of his or her license.

20 (d) The determination by a circuit court that a licensee

21 is subject to involuntary admission or judicial admission, as

22 provided in the Mental Health and Developmental Disabilities

23 Code, operates as an automatic suspension. Such suspension may

24 end only upon a finding by a court that the patient is no

25 longer subject to involuntary admission or judicial admission,

26 the issuance of an order so finding and discharging the

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1 patient, and the filing of a petition for restoration

2 demonstrating fitness to practice.

3 (e) In cases where the Department of Healthcare and Family

4 Services has previously determined that a licensee or a

5 potential licensee is more than 30 days delinquent in the

6 payment of child support and has subsequently certified the

7 delinquency to the Department, the Department shall refuse to

8 issue or renew or shall revoke or suspend that person's

9 license or shall take other disciplinary action against that

10 person based solely upon the certification of delinquency made

11 by the Department of Healthcare and Family Services under

12 paragraph (5) of subsection (a) of Section 2105-15 of the

13 Department of Professional Regulation Law of the Civil

14 Administrative Code of Illinois.

15 (f) The Department shall refuse to issue or renew or shall

16 revoke or suspend a person's license or shall take other

17 disciplinary action against that person for his or her failure

18 to file a return, to pay the tax, penalty, or interest shown in

19 a filed return, or to pay any final assessment of tax, penalty,

20 or interest as required by any tax Act administered by the

21 Department of Revenue, until the requirements of the tax Act

22 are satisfied in accordance with subsection (g) of Section

23 2105-15 of the Department of Professional Regulation Law of

24 the Civil Administrative Code of Illinois.

25 (Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)

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1 (225 ILCS 411/25-15)

2 (Section scheduled to be repealed on January 1, 2022)

3 Sec. 25-15. Injunction; cease ~~Cease~~ and desist order.

4 (a) If any person or entity violates a provision of this

5 Act, the Secretary may, in the name of the People of the State

6 of Illinois, through the Attorney General of the State of

7 Illinois, petition for an order enjoining such violation or

8 for an order enforcing compliance with this Act. Upon the

9 filing of a verified petition in such court, the court may

10 issue a temporary restraining order, without notice or bond,

11 and may preliminarily and permanently enjoin such violation.

12 If it is established that such person or entity has violated or

13 is violating the injunction, the court may punish the offender

14 for contempt of court. Proceedings under this Section are in

15 addition to, and not in lieu of, all other remedies and

16 penalties provided by this Act. ~~The Secretary may issue an~~

17 ~~order to cease and desist to any licensee or other person doing~~

18 ~~business without the required license when, in the opinion of~~

19 ~~the Secretary, the licensee or other person is violating or is~~

20 ~~about to violate any provision of this Act or any rule or~~

21 ~~requirement imposed in writing by the Department.~~

22 (b) Whenever in the opinion of the Department any person

23 or entity violates any provision of this Act, the Department

24 may issue a rule to show cause why an order to cease and desist

25 should not be entered against them. The rule shall clearly set

26 forth the grounds relied upon by the Department and shall

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1 provide a period of 7 days from the date of the rule to file an

2 answer to the satisfaction of the Department. Failure to

3 answer to the satisfaction of the Department shall cause an

4 order to cease and desist to be issued immediately. ~~The~~

5 ~~Secretary may issue an order to cease and desist prior to a~~

6 ~~hearing and such order shall be in full force and effect until~~

7 ~~a final administrative order is entered.~~

8 ~~(c) The Secretary shall serve notice of his or her action,~~

9 ~~designated as an order to cease and desist made pursuant to~~

10 ~~this Section, including a statement of the reasons for the~~

11 ~~action, either personally or by certified mail, return receipt~~

12 ~~requested. Service by certified mail shall be deemed completed~~

13 ~~when the notice is deposited in the United States mail and sent~~

14 ~~to the address of record or, in the case of unlicensed~~

15 ~~activity, the address known to the Department.~~

16 ~~(d) Within 15 days after service of the order to cease and~~

17 ~~desist, the licensee or other person may request, in writing,~~

18 ~~a hearing.~~

19 ~~(e) The Secretary shall schedule a hearing within 30 days~~

20 ~~after the request for a hearing unless otherwise agreed to by~~

21 ~~the parties.~~

22 ~~(f) The Secretary shall have the authority to prescribe~~

23 ~~rules for the administration of this Section.~~

24 ~~(g) If, after hearing, it is determined that the Secretary~~

25 ~~has the authority to issue the order to cease and desist, he or~~

26 ~~she may issue such orders as may be reasonably necessary to~~

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1 ~~correct, eliminate, or remedy such conduct.~~

2 ~~(h) The powers vested in the Secretary by this Section are~~

3 ~~additional to any and all other powers and remedies vested in~~

4 ~~the Secretary by law and nothing in this Section shall be~~

5 ~~construed as requiring that the Secretary shall employ the~~

6 ~~power conferred in this Section instead of or as a condition~~

7 ~~precedent to the exercise of any other power or remedy vested~~

8 ~~in the Secretary.~~

9 (Source: P.A. 96-863, eff. 3-1-10.)

10 (225 ILCS 411/25-25)

11 (Section scheduled to be repealed on January 1, 2022)

12 Sec. 25-25. Investigations, notice, hearings.

13 (a) The Department may investigate the actions of any

14 applicant or of any person or entity holding or claiming to

15 hold a license under this Act. ~~The Department may at any time~~

16 ~~investigate the actions of any applicant or of any person or~~

17 ~~persons rendering or offering to render services as a cemetery~~

18 ~~authority, cemetery manager, or customer service employee of~~

19 ~~or any person holding or claiming to hold a license as a~~

20 ~~licensed cemetery authority, cemetery manager, or customer~~

21 ~~service employee. If it appears to the Department that a~~

22 ~~person has engaged in, is engaging in, or is about to engage in~~

23 ~~any practice declared to be unlawful by this Act, then the~~

24 ~~Department may: (1) require that person to file on such terms~~

25 ~~as the Department prescribes a statement or report in writing,~~

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1 ~~under oath or otherwise, containing all information the~~

2 ~~Department may consider necessary to ascertain whether a~~

3 ~~licensee is in compliance with this Act, or whether an~~

4 ~~unlicensed person is engaging in activities for which a~~

5 ~~license is required; (2) examine under oath any individual in~~

6 ~~connection with the books and records pertaining to or having~~

7 ~~an impact upon the operation of a cemetery; (3) examine any~~

8 ~~books and records of the licensee that the Department may~~

9 ~~consider necessary to ascertain compliance with this Act; and~~

10 ~~(4) require the production of a copy of any record, book,~~

11 ~~document, account, or paper that is produced in accordance~~

12 ~~with this Act and retain it in his or her possession until the~~

13 ~~completion of all proceedings in connection with which it is~~

14 ~~produced.~~

15 (b) The Department shall, before disciplining an applicant

16 or licensee, at least 30 days prior to the date set for the

17 hearing: (i) notify, in writing, the accused of the charges

18 made and the time and place for the hearing on the charges,

19 (ii) direct him or her to file a written answer to the charges

20 under oath within 20 days after service of the notice, and

21 (iii) inform the applicant or licensee that failure to file an

22 answer will result in a default being entered against the

23 applicant or licensee. ~~The Secretary may, after 10 days notice~~

24 ~~by certified mail with return receipt requested to the~~

25 ~~licensee at the address of record or to the last known address~~

26 ~~of any other person stating the contemplated action and in~~

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1 ~~general the grounds therefor, fine such licensee an amount not~~

2 ~~exceeding $10,000 per violation or revoke, suspend, refuse to~~

3 ~~renew, place on probation, or reprimand any license issued~~

4 ~~under this Act if he or she finds that:~~

5 ~~(1) the licensee has failed to comply with any~~

6 ~~provision of this Act or any order, decision, finding,~~

7 ~~rule, regulation, or direction of the Secretary lawfully~~

8 ~~made pursuant to the authority of this Act; or~~

9 ~~(2) any fact or condition exists which, if it had~~

10 ~~existed at the time of the original application for the~~

11 ~~license, clearly would have warranted the Secretary in~~

12 ~~refusing to issue the license.~~

13 (c) Written or electronic notice, and any notice in the

14 subsequent proceedings, may be served by personal delivery, by

15 email, or by mail to the applicant or licensee at his or her

16 address of record or email address of record. ~~The Secretary~~

17 ~~may fine, revoke, suspend, refuse to renew, place on~~

18 ~~probation, reprimand, or take any other disciplinary action as~~

19 ~~to the particular license with respect to which grounds for~~

20 ~~the fine, revocation, suspension, refuse to renew, probation,~~

21 ~~or reprimand, or other disciplinary action occur or exist, but~~

22 ~~if the Secretary finds that grounds for revocation are of~~

23 ~~general application to all offices or to more than one office~~

24 ~~of the licensee, the Secretary shall fine, revoke, suspend,~~

25 ~~refuse to renew, place on probation, reprimand, or otherwise~~

26 ~~discipline every license to which such grounds apply.~~

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1 (d) At the time and place fixed in the notice, the hearing

2 officer appointed by the Secretary shall proceed to hear the

3 charges and the parties or their counsel shall be accorded

4 ample opportunity to present any statement, testimony,

5 evidence, and argument as may be pertinent to the charges or to

6 their defense. The hearing officer may continue the hearing

7 from time to time. ~~In every case in which a license is revoked,~~

8 ~~suspended, placed on probation, reprimanded, or otherwise~~

9 ~~disciplined, the Secretary shall serve the licensee with~~

10 ~~notice of his or her action, including a statement of the~~

11 ~~reasons for his or her actions, either personally or by~~

12 ~~certified mail, return receipt requested. Service by certified~~

13 ~~mail shall be deemed completed when the notice is deposited in~~

14 ~~the United States mail and sent to the address of record.~~

15 (e) In case the licensee or applicant, after receiving the

16 notice, fails to file an answer, his or her license may, in the

17 discretion of the Secretary, be suspended, revoked, or placed

18 on probationary status, or be subject to whatever disciplinary

19 action the Secretary considers proper, including limiting the

20 scope, nature, or extent of the person's practice or

21 imposition of a fine, without hearing, if the act or acts

22 charged constitute sufficient grounds for the action under

23 this Act. ~~An order assessing a fine, an order revoking,~~

24 ~~suspending, placing on probation, or reprimanding a license~~

25 ~~or, an order denying renewal of a license shall take effect~~

26 ~~upon service of the order unless the licensee requests, in~~

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1 ~~writing, within 20 days after the date of service, a hearing.~~

2 ~~In the event a hearing is requested, an order issued under this~~

3 ~~Section shall be stayed until a final administrative order is~~

4 ~~entered.~~

5 ~~(f) If the licensee requests a hearing, then the Secretary~~

6 ~~shall schedule a hearing within 30 days after the request for a~~

7 ~~hearing unless otherwise agreed to by the parties. The~~

8 ~~Secretary shall have the authority to appoint an attorney duly~~

9 ~~licensed to practice law in the State of Illinois to serve as~~

10 ~~the hearing officer in any disciplinary action with regard to~~

11 ~~a license. The hearing officer shall have full authority to~~

12 ~~conduct the hearing.~~

13 ~~(g) The hearing shall be held at the time and place~~

14 ~~designated by the Secretary.~~

15 ~~(h) The Secretary shall have the authority to prescribe~~

16 ~~rules for the administration of this Section.~~

17 ~~(i) Fines imposed and any costs assessed shall be paid~~

18 ~~within 60 days.~~

19 (Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)

20 (225 ILCS 411/25-26 new)

21 Sec. 25-26. Hearing officer. Notwithstanding any provision

22 of this Act, the Secretary has the authority to appoint an

23 attorney licensed to practice law in the State of Illinois to

24 serve as the hearing officer in any action for refusal to issue

25 or renew a license or discipline a license. The hearing

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1 officer shall have full authority to conduct the hearing. The

2 hearing officer shall report his or her findings of fact,

3 conclusions of law, and recommendations to the Secretary.

4 (225 ILCS 411/25-30)

5 (Section scheduled to be repealed on January 1, 2022)

6 Sec. 25-30. Hearing; motion for rehearing ~~Consent order~~.

7 (a) The hearing officer appointed by the Secretary shall

8 hear evidence in support of the formal charges and evidence

9 produced by the licensee. At the conclusion of the hearing,

10 the hearing officer shall present to the Secretary a written

11 report of his or her findings of fact, conclusions of law, and

12 recommendations.

13 (b) At the conclusion of the hearing, a copy of the hearing

14 officer's report shall be served upon the applicant or

15 licensee, either personally or as provided in this Act for the

16 service of the notice of hearing. Within 20 calendar days

17 after such service, the applicant or licensee may present to

18 the Department a motion, in writing, for a rehearing which

19 shall specify the particular grounds for rehearing. The

20 Department may respond to the motion for rehearing within 20

21 calendar days after its service on the Department. If no

22 motion for rehearing is filed, then upon the expiration of the

23 time specified for filing such a motion, or upon denial of a

24 motion for rehearing, the Secretary may enter an order in

25 accordance with the recommendations of the hearing officer. If

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1 the applicant or licensee orders from the reporting service

2 and pays for a transcript of the record within the time for

3 filing a motion for rehearing, the 20 calendar day period

4 within which a motion may be filed shall commence upon

5 delivery of the transcript to the applicant or licensee.

6 (c) If the Secretary disagrees in any regard with the

7 report of the hearing officer, the Secretary may issue an

8 order contrary to the report.

9 (d) Whenever the Secretary is not satisfied that

10 substantial justice has been done, the Secretary may order a

11 hearing by the same or another hearing officer.

12 (e) At any point in any investigation or disciplinary

13 proceeding provided for in this Act, both parties may agree to

14 a negotiated consent order. The consent order shall be final

15 upon signature of the Secretary.

16 ~~At any point in any investigation or disciplinary proceeding~~

17 ~~provided for in this Act, both parties may agree to a~~

18 ~~negotiated consent order. The consent order shall be final~~

19 ~~upon signature of the Secretary.~~

20 (Source: P.A. 96-863, eff. 3-1-10.)

21 (225 ILCS 411/25-35)

22 (Section scheduled to be repealed on January 1, 2022)

23 Sec. 25-35. Record of proceedings~~; transcript~~.

24 (a) The Department, at its expense, shall provide a

25 certified shorthand reporter to take down the testimony and

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1 preserve a record of all proceedings at the hearing of any case

2 in which a licensee may be revoked, suspended, placed on

3 probationary status, reprimanded, fined, or subjected to other

4 disciplinary action with reference to the license when a

5 disciplinary action is authorized under this Act and rules.

6 The notice of hearing, complaint, and all other documents in

7 the nature of pleadings and written portions filed in the

8 proceedings, the transcript of the testimony, the report of

9 the hearing officer, and the orders of the Department shall be

10 the record of the proceedings. The record may be made

11 available to any person interested in the hearing upon payment

12 of the fee required by Section 2105-115 of the Department of

13 Professional Regulation Law ~~shall preserve a record of all~~

14 ~~proceedings at the formal hearing of any case. Any notice, all~~

15 ~~documents in the nature of pleadings, written motions filed in~~

16 ~~the proceedings, the transcripts of testimony, and orders of~~

17 ~~the Department shall be in the record of the proceeding~~.

18 (b) The Department may contract for court reporting

19 services, and, if it does so, the Department shall provide the

20 name and contact information for the certified shorthand

21 reporter who transcribed the testimony at a hearing to any

22 person interested, who may obtain a copy of the transcript of

23 any proceedings at a hearing upon payment of the fee specified

24 by the certified shorthand reporter.

25 (Source: P.A. 96-863, eff. 3-1-10.)

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1 (225 ILCS 411/25-90)

2 (Section scheduled to be repealed on January 1, 2022)

3 Sec. 25-90. Restoration of license from discipline.

4 (a) At any time after the successful completion of a term

5 of indefinite probation, suspension, or revocation of a

6 license under this Act, the Department may restore the license

7 to the licensee, unless after an investigation and a hearing

8 the Secretary determines that restoration is not in the public

9 interest.

10 (b) Where circumstances of suspension or revocation so

11 indicate, the Department may require an examination of the

12 licensee prior to restoring his or her license.

13 (c) No person whose license has been revoked as authorized

14 in this Act may apply for restoration of that license until

15 such time as provided for in the Civil Administrative Code of

16 Illinois.

17 (d) A license that has been suspended or revoked shall be

18 considered non-renewed for purposes of restoration and a

19 licensee restoring his or her license from suspension or

20 revocation must comply with the requirements for restoration

21 as set forth in Section 10-40.

22 (Source: P.A. 96-863, eff. 3-1-10.)

23 (225 ILCS 411/25-95)

24 (Section scheduled to be repealed on January 1, 2022)

25 Sec. 25-95. Administrative review; venue.

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1 (a) All final administrative decisions of the Department

2 are subject to judicial review under the Administrative Review

3 Law and its rules. The term "administrative decision" is

4 defined as in Section 3-101 of the Code of Civil Procedure.

5 (b) Proceedings for judicial review shall be commenced in

6 the circuit court of the county in which the party applying for

7 review resides, but if the party is not a resident of Illinois,

8 the venue shall be in Sangamon County.

9 (c) The Department shall not be required to certify any

10 record to the court or file any answer in court, or to

11 otherwise appear in any court in a judicial review proceeding,

12 unless and until the Department has received from the

13 plaintiff payment of the costs of furnishing and certifying

14 the record, which costs shall be determined by the Department.

15 (d) Failure on the part of the plaintiff to file a receipt

16 in court shall be grounds for dismissal of the action.

17 (Source: P.A. 96-863, eff. 3-1-10.)

18 (225 ILCS 411/25-105)

19 (Section scheduled to be repealed on January 1, 2022)

20 Sec. 25-105. Unlicensed practice; violations; civil

21 penalty ~~Violations~~.

22 (a) Any person who practices, offers to practice, attempts

23 to practice, or hold himself or herself out as a cemetery

24 manager or customer service employee as provided in this Act

25 without being licensed or exempt under this Act shall, in

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1 addition to any other penalty provided by law, pay a civil

2 penalty to the Department in an amount not to exceed $10,000

3 for each offense, as determined by the Department. The civil

4 penalty shall be assessed by the Department after a hearing is

5 held in accordance with the provision set forth in this Act

6 regarding the provision of a hearing for the discipline of a

7 licensee.

8 (b) The Department may investigate any actual, alleged, or

9 suspected unlicensed activity.

10 (c) The civil penalty shall be paid within 60 days after

11 the effective date of the order imposing the civil penalty.

12 The order shall constitute a judgment and may be filed and

13 execution had thereon in the same manner as any judgment from

14 any court of record.

15 (d) A person or entity not licensed under this Act who has

16 violated any provision of this Act or its rules is guilty of a

17 Class A misdemeanor for the first offense and a Class 4 felony

18 for a second and subsequent offenses.

19 ~~Each of the following acts is a Class A misdemeanor for the~~

20 ~~first offense and a Class 4 felony for each subsequent~~

21 ~~offense:~~

22 ~~(1) the practice of or attempted practice of or~~

23 ~~holding out as available to practice as a cemetery~~

24 ~~authority, cemetery manager, or customer service employee~~

25 ~~without a license; or~~

26 ~~(2) the obtaining of or the attempt to obtain any~~

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1 ~~license or authorization under this Act by fraud or~~

2 ~~misrepresentation.~~

3 (Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)

4 (225 ILCS 411/25-115)

5 (Section scheduled to be repealed on January 1, 2022)

6 Sec. 25-115. Illinois Administrative Procedure Act;

7 application. The Illinois Administrative Procedure Act is

8 expressly adopted and incorporated in this Act as if all of the

9 provisions of that Act were included in this Act, except that

10 the provision of paragraph (d) of Section 10-65 of the

11 Illinois Administrative Procedure Act, which provides that at

12 hearings the licensee has the right to show compliance with

13 all lawful requirements for retention or continuation or

14 renewal of the license, is specifically excluded. The

15 Department shall not be required to annually verify email

16 addresses as specified in paragraph (a) of subsection (2) of

17 Section 10-75 of the Illinois Administrative Procedure Act.

18 For the purpose of this Act, the notice required under Section

19 10-25 of the Illinois Administrative Procedure Act is

20 considered sufficient when mailed to the address of record or

21 emailed to the email address of record.

22 (Source: P.A. 96-863, eff. 3-1-10.)

23 (225 ILCS 411/35-5)

24 (Section scheduled to be repealed on January 1, 2022)

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1 Sec. 35-5. Penalties. Cemetery authorities shall respect

2 the rights of consumers of cemetery products and services as

3 put forth in this Article. Failure to abide by the cemetery

4 duties listed in this Article or to comply with a request by a

5 consumer based on a consumer's privileges under this Article

6 may activate the ~~mediation, citation, or~~ disciplinary

7 processes in Article 25 of this Act.

8 (Source: P.A. 96-863, eff. 3-1-10.)

9 (225 ILCS 411/35-15)

10 (Section scheduled to be repealed on January 1, 2022)

11 Sec. 35-15. Cemetery duties.

12 (a) Prices for all cemetery-related products offered for

13 sale by the cemetery authority must be disclosed to the

14 consumer in writing on a standardized price list.

15 Memorialization pricing may be disclosed in price ranges. The

16 price list shall include the effective dates of the prices.

17 The price list shall include not only the range of interment,

18 inurnment, and entombment rights, and the cost of extending

19 the term of any term burial, but also any related merchandise

20 or services offered by the cemetery authority. Charges for

21 installation of markers, monuments, and vaults in cemeteries

22 must be the same without regard to where the item is purchased.

23 (b) A contract for the interment, inurnment, or entombment

24 of human remains must be signed by both parties: the consumer

25 and the cemetery authority or its representative. Such

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1 signature shall be personally signed by the signor on either

2 paper or electronic format and shall not include a stamp or

3 electronic facsimile of the signature. Before a contract is

4 signed, the prices for the purchased services and merchandise

5 must be disclosed on the contract and in plain language. If a

6 contract is for a term burial, the term, the option to extend

7 the term, and the subsequent disposition of the human remains

8 post-term must be in bold print and discussed with the

9 consumer. Any contract for the sale of a burial plot, when

10 designated, must disclose the exact location of the burial

11 plot based on the survey of the cemetery map or plat on file

12 with the cemetery authority.

13 (c) A cemetery authority that has the legal right to

14 extend a term burial shall, prior to disinterment, provide the

15 family or other authorized agent under the Disposition of

16 Remains Act the opportunity to extend the term of a term burial

17 for the cost as stated on the cemetery authority's current

18 price list. Regardless of whether the family or other

19 authorized agent chooses to extend the term burial, the

20 cemetery authority shall, prior to disinterment, provide

21 notice to the family or other authorized agent under the

22 Disposition of Remains Act of the cemetery authority's

23 intention to disinter the remains and to inter different human

24 remains in that space.

25 (d) If any rules or regulations, including the operational

26 or maintenance requirements, of a cemetery change after the

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1 date a contract is signed for the purchase of cemetery-related

2 or funeral-related products or services, the cemetery may not

3 require the consumer, purchaser, or such individual's relative

4 or representative to purchase any merchandise or service not

5 included in the original contract or in the rules and

6 regulations in existence when the contract was entered unless

7 the purchase is reasonable or required to make the cemetery

8 authority compliant with applicable law.

9 (e) No cemetery authority or its agent may engage in

10 deceptive or unfair practices. The cemetery authority and its

11 agents may not misrepresent legal or cemetery requirements.

12 (f) The Department may adopt rules regarding green burial

13 certification, green cremation products and methods, and

14 consumer education.

15 (g) The contractual requirements contained in this Section

16 only apply to contracts executed after the effective date of

17 this Act.

18 (Source: P.A. 96-863, eff. 3-1-10.)

19 (225 ILCS 411/75-45)

20 (Section scheduled to be repealed on January 1, 2022)

21 Sec. 75-45. Fees. The Department shall by rule provide for

22 fees for the administration and enforcement of this Act, and

23 those fees are nonrefundable. All of the fees, ~~and~~ fines, and

24 all other moneys collected under this Act and fees collected

25 on behalf of the Department under subsection (1) of Section 25

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1 of the Vital Records Act shall be deposited into the Cemetery

2 Oversight Licensing and Disciplinary Fund and be appropriated

3 to the Department for the ordinary and contingent expenses of

4 the Department in the administration and enforcement of this

5 Act.

6 (Source: P.A. 96-863, eff. 3-1-10.)

7 (225 ILCS 411/25-1 rep.)

8 (225 ILCS 411/25-50 rep.)

9 (225 ILCS 411/25-55 rep.)

10 (225 ILCS 411/25-60 rep.)

11 (225 ILCS 411/25-100 rep.)

12 (225 ILCS 411/25-110 rep.)

13 (225 ILCS 411/25-120 rep.)

14 (225 ILCS 411/25-125 rep.)

15 (225 ILCS 411/75-20 rep.)

16 (225 ILCS 411/75-35 rep.)

17 Section 45. The Cemetery Oversight Act is amended by

18 repealing Sections 25-1, 25-50, 25-55, 25-60, 25-100, 25-110,

19 25-120, 25-125, 75-20, and 75-35.

20 Section 50. The Community Association Manager Licensing

21 and Disciplinary Act is amended by changing Sections 10, 15,

22 20, 25, 27, 30, 40, 45, 50, 55, 60, 65, 70, 75, 85, 90, 92, 95,

23 115, 120, 140, 145, 155, and 165 and by adding Sections 12, 41,

24 85.1, 86, 161, and 162 as follows:

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1 (225 ILCS 427/10)

2 (Section scheduled to be repealed on January 1, 2022)

3 Sec. 10. Definitions. As used in this Act:

4 "Address of record" means the designated street address,

5 which may not be a post office box, recorded by the Department

6 in the applicant's or licensee's application file or license

7 file maintained by the Department ~~Department's licensure~~

8 ~~maintenance unit. It is the duty of the applicant or licensee~~

9 ~~to inform the Department of any change of address, and such~~

10 ~~changes must be made either through the Department's website~~

11 ~~or by contacting the Department's licensure maintenance unit~~.

12 "Advertise" means, but is not limited to, issuing or

13 causing to be distributed any card, sign or device to any

14 person; or causing, permitting or allowing any sign or marking

15 on or in any building, structure, newspaper, magazine or

16 directory, or on radio or television; or advertising by any

17 other means designed to secure public attention, including,

18 but not limited to, print, electronic, social media, and

19 digital forums.

20 "Board" means the Community Association Manager Licensing

21 and Disciplinary Board.

22 "Community association" means an association in which

23 membership is a condition of ownership or shareholder interest

24 of a unit in a condominium, cooperative, townhouse, villa, or

25 other residential unit which is part of a residential

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1 development plan and that is authorized to impose an

2 assessment, rents, or other costs that may become a lien on the

3 unit or lot.

4 "Community association funds" means any assessments, fees,

5 fines, or other funds collected by the community association

6 manager from the community association, or its members, other

7 than the compensation paid to the community association

8 manager for performance of community association management

9 services.

10 "Community association management firm" means a company,

11 corporation, limited liability company, partnership, or other

12 entity that engages in community association management

13 services.

14 "Community association management services" means those

15 services listed in the definition of community association

16 manager in this Section.

17 "Community association manager" means an individual who:

18 (1) has an ownership interest in or is employed by a

19 community association management firm, or is directly

20 employed by or provides services as an independent

21 contractor to a community association; and

22 (2) administers for remuneration the financial,

23 administrative, maintenance, or other duties for the

24 community association, including the following services:

25 (A) collecting, controlling or disbursing funds of

26 the community association or having the authority to

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1 do so;

2 (B) preparing budgets or other financial documents

3 for the community association;

4 (C) assisting in the conduct of community

5 association meetings;

6 (D) maintaining association records; ~~and~~

7 (E) administering ~~administrating~~ association

8 contracts or procuring goods and services in

9 accordance with ~~, as stated in~~ the declaration, bylaws,

10 proprietary lease, declaration of covenants, or other

11 governing document of the community association or at

12 the direction of the board of managers; and

13 (F) coordinating financial, administrative,

14 maintenance, or other duties called for in the

15 management contract, including individuals who are

16 direct employees of the community association.

17 "Community association manager" does not mean support

18 staff, including, but not limited to bookkeepers,

19 administrative assistants, secretaries, property inspectors,

20 or customer service representatives.

21 "Department" means the Department of Financial and

22 Professional Regulation.

23 "Designated community association manager" means a

24 licensed community association manager who: (1) has an

25 ownership interest in or is employed by a community

26 association management firm to act as a controlling person;

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1 and (2) is the authorized signatory or has delegated signing

2 authority for the firm on community association accounts; and

3 (3) supervises, manages, and is responsible for the firm's

4 community association manager activities pursuant to Section

5 50 of this Act.

6 "Email address of record" means the designated email

7 address recorded by the Department in the applicant's

8 application file or the licensee's license file, as maintained

9 by the Department.

10 "License" means the privilege conferred by the Department

11 to a person that has fulfilled all requirements prerequisite

12 to any type of licensure under this Act ~~license issued to a~~

13 ~~person, corporation, partnership, limited liability company,~~

14 ~~or other legal entity under this Act to provide community~~

15 ~~association management services~~.

16 "Licensee" means a community association manager or a

17 community association management firm.

18 "Person" means any individual, corporation, partnership,

19 limited liability company, or other legal entity.

20 "Secretary" means the Secretary of Financial and

21 Professional Regulation or the Secretary's designee.

22 ~~"Supervising community association manager" means an~~

23 ~~individual licensed as a community association manager who~~

24 ~~manages and supervises a firm.~~

25 (Source: P.A. 100-201, eff. 8-18-17.)

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1 (225 ILCS 427/12 new)

2 Sec. 12. Address of record; email address of record. All

3 applicants and licensees shall:

4 (1) provide a valid address and email address to the

5 Department, which shall serve as the address of record and

6 email address of record, respectively, at the time of

7 application for licensure or renewal of a license; and

8 (2) inform the Department of any change of address of

9 record or email address of record within 14 days after

10 such change through the Department's website or in a

11 manner prescribed by the Department.

12 (225 ILCS 427/15)

13 (Section scheduled to be repealed on January 1, 2022)

14 Sec. 15. License required. It shall be unlawful for any

15 person~~, corporation, partnership, limited liability company,~~

16 ~~or other entity~~ to provide community association management

17 services, provide services as a community association manager,

18 or hold the person ~~himself, herself, or itself~~ out as a

19 community association manager or community association

20 management firm to any community association in this State,

21 unless the person holds ~~he, she, or it holds~~ a current and

22 valid license issued ~~licensed~~ by the Department or the person

23 is otherwise exempt from licensure under this Act.

24 (Source: P.A. 98-365, eff. 1-1-14.)

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1 (225 ILCS 427/20)

2 (Section scheduled to be repealed on January 1, 2022)

3 Sec. 20. Exemptions.

4 (a) The requirement for holding a license under this Act

5 shall not apply to any of the following:

6 (1) Any director or ~~,~~ officer~~, or member~~ of a community

7 association providing one or more of the services of a

8 community association manager to a community association

9 without compensation for such services to the association.

10 (2) Any person~~, corporation, partnership, or limited~~

11 ~~liability company~~ providing one or more of the services of

12 a community association manager to a community association

13 of 10 units or less.

14 (3) A licensed attorney acting solely as an incident

15 to the practice of law.

16 (4) An individual ~~A person~~ acting as a receiver,

17 trustee in bankruptcy, administrator, executor, or

18 guardian acting under a court order or under the authority

19 of a court ~~will or of a trust instrument~~.

20 (5) A person licensed in this State under any other

21 Act who engages in practices or activities specifically

22 authorized by the Act pursuant to which the license was

23 granted ~~from engaging the practice for which he or she is~~

24 ~~licensed~~.

25 (b) A licensed community association manager may not

26 perform or engage in any activities for which a real estate

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1 managing broker, ~~or~~ real estate broker, or residential leasing

2 agent ~~broker's~~license is required under the Real Estate

3 License Act of 2000, unless the licensee ~~he or she~~ also

4 possesses a current and valid license under the Real Estate

5 License Act of 2000 and is providing those services as

6 provided for in the Real Estate License Act of 2000 and the

7 applicable rules.

8 (c) (Blank). ~~A person may temporarily act as, or provide~~

9 ~~services as, a community association manager without being~~

10 ~~licensed under this Act if the person (i) is a community~~

11 ~~association manager regulated under the laws of another state~~

12 ~~or territory of the United States or another country and (ii)~~

13 ~~has applied in writing to the Department, on forms prepared~~

14 ~~and furnished by the Department, for licensure under this Act.~~

15 ~~This temporary right to act as a community association manager~~

16 ~~shall expire 6 months after the filing of his or her written~~

17 ~~application to the Department; upon the withdrawal of the~~

18 ~~application for licensure under this Act; or upon delivery of~~

19 ~~a notice of intent to deny the application from the~~

20 ~~Department; or upon the denial of the application by the~~

21 ~~Department, whichever occurs first.~~

22 (Source: P.A. 98-365, eff. 1-1-14.)

23 (225 ILCS 427/25)

24 (Section scheduled to be repealed on January 1, 2022)

25 Sec. 25. Community Association Manager Licensing and

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1 Disciplinary Board.

2 (a) There is hereby created the Community Association

3 Manager Licensing and Disciplinary Board, which shall consist

4 of 7 members appointed by the Secretary. All members must be

5 residents of the State and must have resided in the State for

6 at least 5 years immediately preceding the date of

7 appointment. Five members of the Board must be licensees under

8 this Act~~, at least two members of which shall be supervising~~

9 ~~community association managers~~. Two members of the Board shall

10 be owners of, or hold a shareholder's interest in, a unit in a

11 community association at the time of appointment who are not

12 licensees under this Act and have no direct affiliation ~~or~~

13 ~~work experience~~ with the community association's community

14 association manager. This Board shall act in an advisory

15 capacity to the Department.

16 (b) The term of each member ~~Members serving on the Board on~~

17 ~~the effective date of this amendatory Act of the 100th General~~

18 ~~Assembly may serve the remainder of their unexpired terms.~~

19 ~~Thereafter, the members' terms~~ shall be for 4 years or until

20 that member's successor is appointed ~~and expire upon~~

21 ~~completion of the term~~. No member shall be reappointed to the

22 Board for a term that would cause the member's ~~his or her~~

23 cumulative service to the Board to exceed 10 years.

24 Appointments to fill vacancies shall be made by the Secretary

25 for the unexpired portion of the term. The Secretary shall

26 remove from the Board any member whose license has become void

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1 or has been revoked or suspended and may remove any member of

2 the Board for neglect of duty, misconduct, or incompetence. A

3 member who is subject to formal disciplinary proceedings shall

4 be disqualified ~~disqualify himself or herself~~ from all Board

5 business until the charge is resolved. A member also shall be

6 disqualified ~~disqualify himself or herself~~ from any matter on

7 which the member cannot act objectively.

8 (c) Four Board members shall constitute a quorum. A quorum

9 is required for all Board decisions.

10 (d) The Board shall elect annually, at its first meeting

11 of the fiscal year, a chairperson and vice chairperson.

12 (e) Each member shall receive reimbursement as set by the

13 Governor's Travel Control Board for expenses incurred in

14 carrying out the duties as a Board member. The Board shall be

15 compensated as determined by the Secretary.

16 (f) The Board may recommend policies, procedures, and

17 rules relevant to the administration and enforcement of this

18 Act.

19 (Source: P.A. 100-886, eff. 8-14-18.)

20 (225 ILCS 427/27)

21 (Section scheduled to be repealed on January 1, 2022)

22 Sec. 27. Immunity from liability. Any member of the Board,

23 any attorney providing advice to the Board or Department, any

24 person acting as a consultant to the Board or Department, and

25 any witness testifying in a proceeding authorized under this

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1 Act, excluding the party making the complaint, shall be immune

2 from liability in any civil action brought ~~against him or her~~

3 for acts occurring while acting in one's ~~his or her~~ capacity as

4 a Board member, attorney, consultant, or witness,

5 respectively, unless the conduct that gave rise to the action

6 was willful or wanton misconduct.

7 (Source: P.A. 98-365, eff. 1-1-14.)

8 (225 ILCS 427/30)

9 (Section scheduled to be repealed on January 1, 2022)

10 Sec. 30. Powers and duties of the Department. The

11 Department may exercise the following functions, powers and

12 duties:

13 (a) formulate rules for the administration and

14 enforcement of this Act;

15 (b) prescribe forms to be issued for the

16 administration and enforcement of this Act and utilize

17 regular or electronic mail, at the discretion of the

18 Department, to send notices and other information to

19 applicants and licensees;

20 (c) conduct hearings or proceedings to refuse to issue

21 or ~~,~~ renew, or to suspend, revoke, place on probation,

22 reprimand, or take disciplinary or non-disciplinary action

23 as the Department may deem appropriate under this Act;

24 (d) (blank); ~~maintain a roster of the names and~~

25 ~~addresses of all licensees in a manner as deemed~~

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1 ~~appropriate by the Department; and~~

2 (e) seek the advice and expert knowledge of the Board

3 on any matter relating to the administration and

4 enforcement of this Act; and ~~.~~

5 (f) exercise any and all general powers and duties set

6 forth in Section 2105-15 of the Department of Professional

7 Regulation Law of the Civil Administrative Code of

8 Illinois.

9 (Source: P.A. 96-726, eff. 7-1-10.)

10 (225 ILCS 427/40)

11 (Section scheduled to be repealed on January 1, 2022)

12 Sec. 40. Qualifications for licensure as a community

13 association manager.

14 (a) No person shall be qualified for licensure as a

15 community association manager under this Act~~,~~ unless the

16 person ~~he or she~~ has applied in writing on the prescribed forms

17 and has paid the required, nonrefundable fees and has met

18 ~~meets~~ all of the following qualifications:

19 (1) Is ~~He or she is~~ at least 18 years of age.

20 (1.5) Successfully completed a 4-year course of study

21 in a high school, secondary school, or an equivalent

22 course of study approved by the state in which the school

23 is located, or possess a high school equivalency

24 certificate, which shall be verified under oath by the

25 applicant.

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1 (2) Provided ~~He or she provides~~ satisfactory evidence

2 of having completed at least 20 classroom hours in

3 community association management courses approved by the

4 Board.

5 (3) Passed ~~He or she has passed~~ an examination

6 authorized by the Department.

7 (4) Has ~~He or she has~~ not committed an act or acts, in

8 this or any other jurisdiction, that would be a violation

9 of this Act.

10 (5) Is ~~He or she is~~ of good moral character. In

11 determining moral character under this Section, the

12 Department may take into consideration whether the

13 applicant has engaged in conduct or activities that would

14 constitute grounds for discipline under this Act. Good

15 moral character is a continuing requirement of licensure.

16 Conviction of crimes may be used in determining moral

17 character, but shall not constitute an absolute bar to

18 licensure.

19 (6) Has ~~He or she has~~ not been declared by any court of

20 competent jurisdiction to be incompetent by reason of

21 mental or physical defect or disease, unless ~~a court has~~

22 subsequently declared by a court ~~him or her~~ to be

23 competent.

24 (7) Complies ~~He or she complies~~ with any additional

25 qualifications for licensure as determined by rule of the

26 Department.

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1 (b) (Blank). ~~The education requirement set forth in item~~

2 ~~(2) of subsection (a) of this Section shall not apply to~~

3 ~~persons holding a real estate managing broker or real estate~~

4 ~~broker license in good standing issued under the Real Estate~~

5 ~~License Act of 2000.~~

6 (c) (Blank). ~~The examination and initial education~~

7 ~~requirement of items (2) and (3) of subsection (a) of this~~

8 ~~Section shall not apply to any person who within 6 months from~~

9 ~~the effective date of the requirement for licensure, as set~~

10 ~~forth in Section 170 of this Act, applies for a license by~~

11 ~~providing satisfactory evidence to the Department of~~

12 ~~qualifying experience or education, as may be set forth by~~

13 ~~rule, including without limitation evidence that he or she has~~

14 ~~practiced community association management for a period of 5~~

15 ~~years.~~

16 (d) Applicants have 3 years from the date of application

17 to complete the application process. If the process has not

18 been completed within the 3 years, the application shall be

19 denied, the fee shall be forfeited, and the applicant must

20 reapply and meet the requirements in effect at the time of

21 re-application.

22 (e) The Department shall not require applicants to report

23 the following information and shall not consider the following

24 criminal history records in connection with an application for

25 licensure:

26 (1) juvenile adjudications of delinquent minors as

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1 defined in Section 5-105 of the Juvenile Court Act of 1987

2 subject to the restrictions set forth in Section 5-130 of

3 that Act;

4 (2) law enforcement records, court records, and

5 conviction records of an individual who was 17 years old

6 at the time of the offense and before January 1, 2014,

7 unless the nature of the offense required the individual

8 to be tried as an adult;

9 (3) records of arrest not followed by a charge or

10 conviction;

11 (4) records of arrest in which the charges were

12 dismissed unless related to the practice of the

13 profession; however, applicants shall not be asked to

14 report any arrests, and an arrest not followed by a

15 conviction shall not be the basis of a denial and may be

16 used only to assess an applicant's rehabilitation;

17 (5) convictions overturned by a higher court; or

18 (6) convictions or arrests that have been sealed or

19 expunged.

20 (f) An applicant or licensee shall report to the

21 Department, in a manner prescribed by the Department, and

22 within 30 days after the occurrence if during the term of

23 licensure: (i) any conviction of or plea of guilty or nolo

24 contendere to forgery, embezzlement, obtaining money under

25 false pretenses, larceny, extortion, conspiracy to defraud, or

26 any similar offense or offenses or any conviction of a felony

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1 involving moral turpitude; (ii) the entry of an administrative

2 sanction by a government agency in this State or any other

3 jurisdiction that has as an essential element dishonesty or

4 fraud or involves larceny, embezzlement, or obtaining money,

5 property, or credit by false pretenses; or (iii) any

6 conviction of or plea of guilty or nolo contendere to a crime

7 that subjects the licensee to compliance with the requirements

8 of the Sex Offender Registration Act.

9 (Source: P.A. 100-892, eff. 8-14-18.)

10 (225 ILCS 427/41 new)

11 Sec. 41. Qualifications for licensure as a community

12 association management firm. Any person who desires to obtain

13 a community association management firm license must:

14 (1) apply to the Department on forms prescribed by the

15 Department and pay the required fee;

16 (2) provide evidence to the Department that the

17 community association management firm has a licensed and

18 designated community association manager;

19 (3) be authorized to conduct business in the State of

20 Illinois and provide proof of such authorization to the

21 Department; and

22 (4) comply with all requirements as may be set forth

23 by rule.

24 (225 ILCS 427/45)

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1 (Section scheduled to be repealed on January 1, 2022)

2 Sec. 45. Examinations.

3 (a) The Department shall authorize examinations of

4 applicants for licensure as a community association manager at

5 such times and places as it may determine. The examination of

6 applicants shall be of a character to give a fair test of the

7 qualifications of the applicant to practice as a community

8 association manager.

9 (b) Applicants for examination shall be required to pay,

10 either to the Department or the designated testing service, a

11 fee covering the cost of providing the examination.

12 (c) The Department may employ consultants to prepare and

13 conduct ~~for the purpose of preparing and conducting~~

14 examinations.

15 (d) An applicant shall be eligible to take the examination

16 only after successfully completing the education requirements

17 set forth in this Act and attaining the minimum education and

18 age required under this Act.

19 (e) (Blank). ~~The examination approved by the Department~~

20 ~~should utilize the basic principles of professional testing~~

21 ~~standards utilizing psychometric measurement. The examination~~

22 ~~shall use standards set forth by the National Organization for~~

23 ~~Competency Assurances and shall be approved by the Department.~~

24 (Source: P.A. 96-726, eff. 7-1-10.)

25 (225 ILCS 427/50)

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1 (Section scheduled to be repealed on January 1, 2022)

2 Sec. 50. Community association management firm.

3 (a) No corporation, partnership, limited liability

4 company, or other legal entity shall provide or offer to

5 provide community association management services, unless it

6 has applied in writing on the prescribed forms and has paid the

7 required nonrefundable fees and provided evidence to the

8 Department that the firm has designated a licensed ~~supervising~~

9 community association manager to supervise and manage the

10 firm. Having a ~~A~~ designated ~~supervising~~ community association

11 manager shall be a continuing requirement of firm licensure.

12 ~~No supervising community association manager may be the~~

13 ~~supervising community association manager for more than one~~

14 ~~firm.~~

15 (b) Any corporation, partnership, limited liability

16 company, or other legal entity that is providing, or offering

17 to provide, community association management services and is

18 not in compliance with this Section ~~50~~ and other provisions of

19 this Act shall be subject to the civil penalties ~~fines~~,

20 injunctions, cease and desist provisions, and penalties

21 provided for in Sections 90, 92, and 155 of this Act.

22 (c) No community association manager may be the designated

23 community association manager ~~licensee-in-charge~~ for more than

24 one firm, corporation, limited liability company, partnership,

25 or other legal entity. The designated community association

26 manager shall supervise and manage all licensed and unlicensed

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1 employees acting on behalf of the community association

2 management firm. The designated community association manager

3 shall supervise and manage all independent contractors

4 providing community association management services on behalf

5 of the community association management firm. The community

6 association management firm and the designated community

7 association manager shall be responsible for all actions of

8 which they had knowledge taken on behalf of the community

9 association management firm.

10 (d) The Department may adopt rules and set all necessary

11 requirements for the implementation of this Section.

12 (Source: P.A. 98-365, eff. 1-1-14.)

13 (225 ILCS 427/55)

14 (Section scheduled to be repealed on January 1, 2022)

15 Sec. 55. Fidelity insurance; segregation of accounts.

16 (a) The designated ~~supervising~~ community association

17 manager or the community association management firm that

18 employs the designated community association manager ~~with~~

19 ~~which he or she is employed~~ shall not have access to and

20 disburse community association funds unless each of the

21 following conditions occur:

22 (1) There is fidelity insurance in place to insure

23 against loss or ~~for~~ theft of community association funds.

24 (2) The fidelity insurance is in the maximum amount of

25 coverage available to protect funds in the custody or ~~not~~

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1 ~~less than all moneys under the~~ control of the designated

2 ~~supervising~~ community association manager or ~~the employing~~

3 community association management firm providing service to

4 ~~for~~ the association.

5 (3) During the term and coverage period of the

6 insurance, the ~~The~~ fidelity insurance shall cover ~~covers~~

7 ~~the~~ :

8 (A) the designated community association manager; ~~,~~

9 ~~supervising community association manager, and~~

10 (B) the community association management firm;

11 (C) all community association managers;

12 (D) all ~~all~~ partners, officers, and employees of

13 the community association management firm; and ~~during~~

14 ~~the term of the insurance coverage, which shall be at~~

15 ~~least for the same term as the service agreement~~

16 ~~between the community association management firm or~~

17 ~~supervising community association manager as well as~~

18 (E) the community association officers, directors,

19 and employees.

20 (4) The insurance company issuing the fidelity

21 insurance may not cancel or refuse to renew the bond

22 without giving at least 10 days' prior written notice.

23 (5) Unless an agreement between the community

24 association and the designated ~~supervising~~ community

25 association manager or the community association

26 management firm provides to the contrary, a community

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1 association may secure and pay for the fidelity insurance

2 required by this Section. The designated ~~supervising~~

3 community association manager, all other licensees, and ~~or~~

4 the community association management firm must be named as

5 additional insured parties on the community association

6 policy.

7 (b) A community association management firm that provides

8 community association management services for more than one

9 community association shall maintain separate, segregated

10 accounts for each community association ~~or, with the consent~~

11 ~~of the community association, combine the accounts of one or~~

12 ~~more community associations, but in that event, separately~~

13 ~~account for the funds of each community association~~. The funds

14 shall not, in any event, be commingled with the supervising

15 community association manager's or community association

16 management firm's funds. The funds shall not, in any event, be

17 commingled with the funds of the community association

18 manager, the community association management firm, or any

19 other community association. The maintenance of such accounts

20 shall be custodial, and such accounts shall be in the name of

21 the respective community association ~~or community association~~

22 ~~manager or Community Association Management Agency as the~~

23 ~~agent for the association~~.

24 (c) The designated ~~supervising~~ community association

25 manager or community association management firm shall obtain

26 the appropriate general liability and errors and omissions

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1 insurance, as determined by the Department, to cover any

2 losses or claims against a ~~the supervising~~ community

3 association manager, the designated community association

4 manager, or the community association management firm.

5 (d) The Department shall have authority to promulgate

6 additional rules regarding insurance, fidelity insurance and

7 all accounts maintained and to be maintained by a community

8 association manager, designated ~~supervising~~ community

9 association manager,or community association management firm.

10 (Source: P.A. 98-365, eff. 1-1-14.)

11 (225 ILCS 427/60)

12 (Section scheduled to be repealed on January 1, 2022)

13 Sec. 60. Licenses; renewals; restoration; person in

14 military service.

15 (a) The expiration date, fees, and renewal period for each

16 license issued under this Act shall be set by rule. The

17 Department may promulgate rules requiring continuing education

18 and set all necessary requirements for such, including but not

19 limited to fees, approved coursework, number of hours, and

20 waivers of continuing education.

21 (b) Any licensee who has an expired ~~permitted his, her, or~~

22 ~~its~~ license ~~to expire~~ may have the license restored by

23 applying ~~making application~~ to the Department and filing proof

24 acceptable to the Department of fitness to have the expired

25 ~~his, her, or its~~ license restored, by which may include sworn

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1 evidence certifying to active practice in another jurisdiction

2 satisfactory to the Department, complying with any continuing

3 education requirements, and paying the required restoration

4 fee.

5 (c) Any ~~If the person has not maintained an active~~

6 ~~practice in another jurisdiction satisfactory to the~~

7 ~~Department, the Department shall determine, by an evaluation~~

8 ~~program established by rule, the person's fitness to resume~~

9 ~~active status and may require the person to complete a period~~

10 ~~of evaluated clinical experience and successful completion of~~

11 ~~a practical examination. However, any~~ person whose license

12 expired while (i) in federal service on active duty with the

13 Armed Forces of the United States or called into service or

14 training with the State Militia or (ii) in training or

15 education under the supervision of the United States

16 preliminary to induction into the military service may have

17 the ~~his or her~~ license renewed or restored without paying any

18 lapsed renewal fees if, within 2 years after honorable

19 termination of the service, training or education, except

20 under condition other than honorable, the licensee ~~he or she~~

21 furnishes the Department with satisfactory evidence of

22 engagement ~~to the effect that he or she has been so engaged~~ and

23 that the service, training, or education has been so honorably

24 terminated.

25 (d) A community association manager or ~~,~~ community

26 association management firm that ~~or supervising community~~

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1 ~~association manager who~~ notifies the Department, in a manner

2 ~~writing on forms~~ prescribed by the Department, may place the

3 ~~his, her, or its~~ license on inactive status for a period not to

4 exceed 2 years and shall be excused from the payment of renewal

5 fees until the person notifies the Department in writing of

6 the intention to resume active practice.

7 (e) A community association manager, community association

8 management firm~~, or supervising community association manager~~

9 requesting that the ~~his, her, or its~~ license be changed from

10 inactive to active status shall be required to pay the current

11 renewal fee and shall also demonstrate compliance with the

12 continuing education requirements.

13 (f) No ~~Any~~ licensee with a nonrenewed or ~~on~~ inactive

14 license status or community association management firm

15 operation without a designated community association manager

16 shall ~~not~~ provide community association management services as

17 set forth in this Act.

18 (g) Any person violating subsection (f) of this Section

19 shall be considered to be practicing without a license and

20 will be subject to the disciplinary provisions of this Act.

21 (h) The Department shall not renew a license if the

22 licensee has an unpaid fine from a disciplinary matter or an

23 unpaid fee from a non-disciplinary action imposed by the

24 Department until the fine or fee is paid to the Department or

25 the licensee has entered into a payment plan and is current on

26 the required payments.

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1 (i) The Department shall not issue a license if the

2 applicant has an unpaid fine imposed by the Department for

3 unlicensed practice until the fine is paid to the Department

4 or the applicant has entered into a payment plan and is current

5 on the required payments.

6 (Source: P.A. 98-365, eff. 1-1-14.)

7 (225 ILCS 427/65)

8 (Section scheduled to be repealed on January 1, 2022)

9 Sec. 65. Fees; Community Association Manager Licensing and

10 Disciplinary Fund.

11 (a) The fees for the administration and enforcement of

12 this Act, including, but not limited to, initial licensure,

13 renewal, and restoration, shall be set by rule of the

14 Department. The fees shall be nonrefundable.

15 (b) In addition to the application fee, applicants for the

16 examination are required to pay, either to the Department or

17 the designated testing service, a fee covering the cost of

18 determining an applicant's eligibility and providing the

19 examination. Failure to appear for the examination on the

20 scheduled date, at the time and place specified, after the

21 applicant's application and fee for examination have been

22 received and acknowledged by the Department or the designated

23 testing service, shall result in the forfeiture of the fee.

24 (c) All fees, fines, penalties, or other monies received

25 or collected pursuant to this Act shall be deposited in the

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1 Community Association Manager Licensing and Disciplinary Fund.

2 (d) Moneys in the Community Association Manager Licensing

3 and Disciplinary Fund may be transferred to the Professions

4 Indirect Cost Fund, as authorized under Section 2105-300 of

5 the Department of Professional Regulation Law of the Civil

6 Administrative Code of Illinois.

7 (Source: P.A. 97-1021, eff. 8-17-12; 98-365, eff. 1-1-14.)

8 (225 ILCS 427/70)

9 (Section scheduled to be repealed on January 1, 2022)

10 Sec. 70. Penalty for insufficient funds; payments. Any

11 person who:

12 (1) delivers a check or other payment to the

13 Department that is returned to the Department unpaid by

14 the financial institution upon which it is drawn; or

15 (2) presents a credit or debit card for payment that

16 is invalid or expired or against which charges by the

17 Department are declined or dishonored;

18 shall pay to the Department, in addition to the amount already

19 owed to the Department, a fine of $50. The Department shall

20 notify the person that payment of fees and fines shall be paid

21 to the Department by certified check or money order within 30

22 calendar days after notification. If, after the expiration of

23 30 days from the date of the notification, the person has

24 failed to submit the necessary remittance, the Department

25 shall automatically terminate the license or deny the

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1 application, without hearing. After ~~If, after~~ termination or

2 denial, the person seeking ~~seeks~~ a license~~, he, she, or it~~

3 shall apply to the Department for restoration or issuance of

4 the license and pay all fees and fines due to the Department.

5 The Department may establish a fee for the processing of an

6 application for restoration of a license to pay all expenses

7 of processing this application. The Secretary may waive the

8 fines due under this Section in individual cases where the

9 Secretary finds that the fines would be unreasonable or

10 unnecessarily burdensome.

11 (Source: P.A. 98-365, eff. 1-1-14.)

12 (225 ILCS 427/75)

13 (Section scheduled to be repealed on January 1, 2022)

14 Sec. 75. Endorsement. The Department may issue a

15 community association manager ~~or supervising community~~

16 ~~association manager~~ license~~,~~ without the required examination,

17 to an applicant licensed under the laws of another state if the

18 requirements for licensure in that state are, on the date of

19 licensure, substantially equal to the requirements of this Act

20 or to a person who, at the time of ~~his or her~~ application for

21 licensure, possessed individual qualifications that were

22 substantially equivalent to the requirements then in force in

23 this State. An applicant under this Section shall pay all of

24 the required fees.

25 All applicants under this Act ~~Applicants~~ have 3 years from

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1 the date of application to complete the application process.

2 If the process has not been completed within the 3 years, the

3 application shall be denied, the fee shall be forfeited, and

4 the applicant must reapply and meet the requirements in effect

5 at the time of reapplication.

6 (Source: P.A. 98-365, eff. 1-1-14.)

7 (225 ILCS 427/85)

8 (Section scheduled to be repealed on January 1, 2022)

9 Sec. 85. Grounds for discipline; refusal, revocation, or

10 suspension.

11 (a) The Department may refuse to issue or renew a license,

12 or may place on probation, reprimand, suspend, or revoke any

13 license, or take any other disciplinary or non-disciplinary

14 action as the Department may deem proper and impose a fine not

15 to exceed $10,000 for each violation upon any licensee or

16 applicant under this Act or any person or entity who holds

17 oneself ~~himself, herself, or itself~~ out as an applicant or

18 licensee for any one or combination of the following causes:

19 (1) Material misstatement in furnishing information to

20 the Department.

21 (2) Violations of this Act or its rules.

22 (3) Conviction of or entry of a plea of guilty or plea

23 of nolo contendere, as set forth in subsection (f) of

24 Section 40, to (i) a felony or a misdemeanor under the laws

25 of the United States, any state, or any other jurisdiction

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1 or entry of an administrative sanction by a government

2 agency in this State or any other jurisdiction or (ii) a

3 crime that subjects the licensee to compliance with the

4 requirements of the Sex Offender Registration Act; or the

5 entry of an administrative sanction by a government agency

6 in this State or any other jurisdiction. ~~Action taken~~

7 ~~under this paragraph (3) for a misdemeanor or an~~

8 ~~administrative sanction is limited to a misdemeanor or~~

9 ~~administrative sanction that has as an essential element~~

10 ~~dishonesty or fraud, that involves larceny, embezzlement,~~

11 ~~or obtaining money, property, or credit by false pretenses~~

12 ~~or by means of a confidence game, or that is directly~~

13 ~~related to the practice of the profession.~~

14 (4) Making any misrepresentation for the purpose of

15 obtaining a license or violating any provision of this Act

16 or its rules.

17 (5) Professional incompetence.

18 (6) Gross negligence.

19 (7) Aiding or assisting another person in violating

20 any provision of this Act or its rules.

21 (8) Failing, within 30 days, to provide information in

22 response to a request made by the Department.

23 (9) Engaging in dishonorable, unethical, or

24 unprofessional conduct of a character likely to deceive,

25 defraud or harm the public as defined by the rules of the

26 Department, or violating the rules of professional conduct

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1 adopted by the Department.

2 (10) Habitual or excessive use or addiction to

3 alcohol, narcotics, stimulants, or any other chemical

4 agent or drug that results in the inability to practice

5 with reasonable judgment, skill, or safety.

6 (11) Having been disciplined by another state, the

7 District of Columbia, a territory, a foreign nation, or a

8 governmental agency authorized to impose discipline if at

9 least one of the grounds for the discipline is the same or

10 substantially equivalent of one of the grounds for which a

11 licensee may be disciplined under this Act. A certified

12 copy of the record of the action by the other state or

13 jurisdiction shall be prima facie evidence thereof.

14 (12) Directly or indirectly giving to or receiving

15 from any person, firm, corporation, partnership or

16 association any fee, commission, rebate, or other form of

17 compensation for any ~~professional~~ services not actually or

18 personally rendered.

19 (13) A finding by the Department that the licensee,

20 after having the ~~his, her, or its~~ license placed on

21 probationary status, has violated the terms of probation.

22 (14) Willfully making or filing false records or

23 reports relating to a licensee's practice, including but

24 not limited to false records filed with any State or

25 federal agencies or departments.

26 (15) Being named as a perpetrator in an indicated

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1 report by the Department of Children and Family Services

2 under the Abused and Neglected Child Reporting Act and

3 upon proof by clear and convincing evidence that the

4 licensee has caused a child to be an abused child or

5 neglected child as defined in the Abused and Neglected

6 Child Reporting Act.

7 (16) Physical illness or mental illness or impairment~~,~~

8 ~~including, but not limited to, deterioration through the~~

9 ~~aging process or loss of motor skill~~ that results in the

10 inability to practice the profession with reasonable

11 judgment, skill, or safety.

12 (17) Solicitation of professional services by using

13 false or misleading advertising.

14 (18) A finding that licensure has been applied for or

15 obtained by fraudulent means.

16 (19) Practicing or attempting to practice under a name

17 other than the full name as shown on the license or any

18 other legally authorized name unless approved by the

19 Department.

20 (20) Gross overcharging for professional services

21 including, but not limited to, (i) collection of fees or

22 moneys for services that are not rendered; and (ii)

23 charging for services that are not in accordance with the

24 contract between the licensee and the community

25 association.

26 (21) Improper commingling of personal and client funds

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1 in violation of this Act or any rules promulgated thereto.

2 (22) Failing to account for or remit any moneys or

3 documents coming into the licensee's possession that

4 belong to another person or entity.

5 (23) Giving differential treatment to a person that is

6 to that person's detriment on the basis ~~because~~ of race,

7 color, ~~creed,~~ sex, ancestry, age, order of protection

8 status, marital status, physical or mental disability,

9 military status, unfavorable discharge from military

10 status, sexual orientation, pregnancy, religion, or

11 national origin.

12 (24) Performing and charging for services without

13 reasonable authorization to do so from the person or

14 entity for whom service is being provided.

15 (25) Failing to make available to the Department, upon

16 request, any books, records, or forms required by this

17 Act.

18 (26) Purporting to be a designated ~~supervising~~

19 community association manager of a firm without active

20 participation in the firm and having been designated as

21 such.

22 (27) Failing to make available to the Department at

23 the time of the request any indicia of licensure ~~or~~

24 ~~registration~~ issued under this Act.

25 (28) Failing to maintain and deposit funds belonging

26 to a community association in accordance with subsection

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1 (b) of Section 55 of this Act.

2 (29) Violating the terms of a disciplinary order

3 issued by the Department.

4 (30) Operating a community association management firm

5 without a designated community association manager who

6 holds an active community association manager license.

7 (31) For a designated community association manager,

8 failing to meet the requirements for acting as a

9 designated community association manager.

10 (32) Failing to disclose to a community association

11 any compensation received by a licensee from a third party

12 in connection with or related to a transaction entered

13 into by the licensee on behalf of the community

14 association.

15 (33) Failing to disclose to a community association,

16 at the time of making the referral, that a licensee (A) has

17 greater than a 1% ownership interest in a third party to

18 which it refers the community association; or (B) receives

19 or may receive dividends or other profit sharing

20 distributions from a third party, other than a publicly

21 held or traded company, to which it refers the community

22 association.

23 (b) (Blank).

24 (c) The determination by a circuit court that a licensee

25 is subject to involuntary admission or judicial admission, as

26 provided in the Mental Health and Developmental Disabilities

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1 Code, operates as an automatic suspension. The suspension will

2 terminate only upon a finding by a court that the patient is no

3 longer subject to involuntary admission or judicial admission

4 and the issuance of an order so finding and discharging the

5 patient, and upon the recommendation of the Board to the

6 Secretary that the licensee be allowed to resume ~~his or her~~

7 practice as a licensed community association manager.

8 (d) In accordance with subsection (g) of Section 2105-15

9 of the Department of Professional Regulation Law of the Civil

10 Administrative Code of Illinois (20 ILCS 2105/2105-15), the

11 Department may refuse to issue or renew or may suspend the

12 license of any person who fails to file a return, to pay the

13 tax, penalty, or interest shown in a filed return, or to pay

14 any final assessment of tax, penalty, or interest, as required

15 by any tax Act administered by the Department of Revenue,

16 until such time as the requirements of that tax Act are

17 satisfied.

18 (e) In accordance with subdivision (a)(5) of Section

19 2105-15 of the Department of Professional Regulation Law of

20 the Civil Administrative Code of Illinois (20 ILCS

21 2105/2105-15) and in cases where the Department of Healthcare

22 and Family Services (formerly Department of Public Aid) has

23 previously determined that a licensee or a potential licensee

24 is more than 30 days delinquent in the payment of child support

25 and has subsequently certified the delinquency to the

26 Department, the Department may refuse to issue or renew or may

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1 revoke or suspend that person's license or may take other

2 disciplinary action against that person based solely upon the

3 certification of delinquency made by the Department of

4 Healthcare and Family Services.

5 (f) (Blank). ~~In enforcing this Section, the Department or~~

6 ~~Board upon a showing of a possible violation may compel a~~

7 ~~licensee or an individual licensed to practice under this Act,~~

8 ~~or who has applied for licensure under this Act, to submit to a~~

9 ~~mental or physical examination, or both, as required by and at~~

10 ~~the expense of the Department. The Department or Board may~~

11 ~~order the examining physician to present testimony concerning~~

12 ~~the mental or physical examination of the licensee or~~

13 ~~applicant. No information shall be excluded by reason of any~~

14 ~~common law or statutory privilege relating to communications~~

15 ~~between the licensee or applicant and the examining physician.~~

16 ~~The examining physicians shall be specifically designated by~~

17 ~~the Board or Department. The individual to be examined may~~

18 ~~have, at his or her own expense, another physician of his or~~

19 ~~her choice present during all aspects of this examination.~~

20 ~~Failure of an individual to submit to a mental or physical~~

21 ~~examination, when directed, shall be grounds for suspension of~~

22 ~~his or her license or denial of his or her application or~~

23 ~~renewal until the individual submits to the examination if the~~

24 ~~Department finds, after notice and hearing, that the refusal~~

25 ~~to submit to the examination was without reasonable cause.~~

26 ~~If the Department or Board finds an individual unable to~~

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1 ~~practice because of the reasons set forth in this Section, the~~

2 ~~Department or Board may require that individual to submit to~~

3 ~~care, counseling, or treatment by physicians approved or~~

4 ~~designated by the Department or Board, as a condition, term,~~

5 ~~or restriction for continued, reinstated, or renewed licensure~~

6 ~~to practice; or, in lieu of care, counseling, or treatment,~~

7 ~~the Department may file, or the Board may recommend to the~~

8 ~~Department to file, a complaint to immediately suspend,~~

9 ~~revoke, deny, or otherwise discipline the license of the~~

10 ~~individual. An individual whose license was granted,~~

11 ~~continued, reinstated, renewed, disciplined or supervised~~

12 ~~subject to such terms, conditions, or restrictions, and who~~

13 ~~fails to comply with such terms, conditions, or restrictions,~~

14 ~~shall be referred to the Secretary for a determination as to~~

15 ~~whether the individual shall have his or her license suspended~~

16 ~~immediately, pending a hearing by the Department.~~

17 ~~In instances in which the Secretary immediately suspends a~~

18 ~~person's license under this Section, a hearing on that~~

19 ~~person's license must be convened by the Department within 30~~

20 ~~days after the suspension and completed without appreciable~~

21 ~~delay. The Department and Board shall have the authority to~~

22 ~~review the subject individual's record of treatment and~~

23 ~~counseling regarding the impairment to the extent permitted by~~

24 ~~applicable federal statutes and regulations safeguarding the~~

25 ~~confidentiality of medical records.~~

26 ~~An individual licensed under this Act and affected under~~

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1 ~~this Section shall be afforded an opportunity to demonstrate~~

2 ~~to the Department or Board that he or she can resume practice~~

3 ~~in compliance with acceptable and prevailing standards under~~

4 ~~the provisions of his or her license.~~

5 (Source: P.A. 100-872, eff. 8-14-18.)

6 (225 ILCS 427/85.1 new)

7 Sec. 85.1. Citations.

8 (a) The Department may adopt rules to permit the issuance

9 of citations to any licensee for failure to comply with the

10 continuing education requirements set forth in this Act or as

11 established by rule. The citation shall be issued to the

12 licensee and a copy sent to the licensee's designated

13 community association manager, and shall contain the

14 licensee's name, the licensee's address, the licensee's

15 license number, the number of required hours of continuing

16 education that have not been successfully completed by the

17 licensee within the renewal period, and the penalty imposed,

18 which shall not exceed $2,000. The issuance of any such

19 citation shall not excuse the licensee from completing all

20 continuing education required for that renewal period.

21 (b) Service of a citation shall be made in person,

22 electronically, or by mail to the licensee at the licensee's

23 address of record or email address of record, and the citation

24 must clearly state that if the cited licensee wishes to

25 dispute the citation, the cited licensee may make a written

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1 request, within 30 days after the citation is served, for a

2 hearing before the Department. If the cited licensee does not

3 request a hearing within 30 days after the citation is served,

4 then the citation shall become a final, non-disciplinary

5 order, and any fine imposed is due and payable within 60 days

6 after that final order. If the cited licensee requests a

7 hearing within 30 days after the citation is served, the

8 Department shall afford the cited licensee a hearing conducted

9 in the same manner as a hearing provided for in this Act for

10 any violation of this Act and shall determine whether the

11 cited licensee committed the violation as charged and whether

12 the fine as levied is warranted. If the violation is found, any

13 fine shall constitute non-public discipline and be due and

14 payable within 30 days after the order of the Secretary, which

15 shall constitute a final order of the Department. No change in

16 license status may be made by the Department until a final

17 order of the Department has been issued.

18 (c) Payment of a fine that has been assessed pursuant to

19 this Section shall not constitute disciplinary action

20 reportable on the Department's website or elsewhere unless a

21 licensee has previously received 2 or more citations and been

22 assessed 2 or more fines.

23 (d) Nothing in this Section shall prohibit or limit the

24 Department from taking further action pursuant to this Act and

25 rules for additional, repeated, or continuing violations.

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1 (225 ILCS 427/86 new)

2 Sec. 86. Illegal discrimination.When there has been an

3 adjudication in a civil or criminal proceeding that a

4 community association manager or community association

5 management firm has illegally discriminated while engaged in

6 any activity for which a license is required under this Act,

7 the Department, upon the recommendation of the Board as to the

8 extent of the suspension or revocation, shall suspend or

9 revoke the license of that licensee in a timely manner, unless

10 the adjudication is in the appeal process. When there has been

11 an order in an administrative proceeding finding that a

12 licensee has illegally discriminated while engaged in any

13 activity for which a license is required under this Act, the

14 Department, upon recommendation of the Board as to the nature

15 and extent of the discipline, shall take one or more of the

16 disciplinary actions provided for in Section 85 in a timely

17 manner, unless the administrative order is in the appeal

18 process.

19 (225 ILCS 427/90)

20 (Section scheduled to be repealed on January 1, 2022)

21 Sec. 90. Violations; injunctions; cease and desist orders.

22 (a) If any person violates a provision of this Act, the

23 Secretary may, in the name of the People of the State of

24 Illinois, through the Attorney General of the State of

25 Illinois, petition for an order enjoining the violation or for

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1 an order enforcing compliance with this Act. Upon the filing

2 of a verified petition in court, the court may issue a

3 temporary restraining order, without notice or bond, and may

4 preliminarily and permanently enjoin the violation. If it is

5 established that the person has violated or is violating the

6 injunction, the Court may punish the offender for contempt of

7 court. Proceedings under this Section are in addition to, and

8 not in lieu of, all other remedies and penalties provided by

9 this Act.

10 (b) If any person provides ~~, entity or other business may~~

11 ~~provide~~ community association management services or provides

12 ~~provide~~ services as a community association manager to any

13 community association in this State without having a valid

14 license under this Act or, in the case of a community

15 association management firm, without a designated community

16 association manager, then any licensee, any interested party,

17 or any person injured thereby may, in addition to the

18 Secretary, petition for relief as provided in subsection (a)

19 of this Section.

20 (c) Whenever in the opinion of the Department any person,

21 entity or other business violates any provision of this Act,

22 the Department may issue a rule to show cause why an order to

23 cease and desist should not be entered against such person,

24 firm or other entity. The rule shall clearly set forth the

25 grounds relied upon by the Department and shall provide a

26 period of at least 7 days from the date of the rule to file an

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1 answer to the satisfaction of the Department. If the person,

2 firm or other entity fails to file an answer satisfactory to

3 the Department, the matter shall be considered as a default

4 and the Department may cause an order to cease and desist to be

5 issued immediately.

6 (Source: P.A. 96-726, eff. 7-1-10.)

7 (225 ILCS 427/92)

8 (Section scheduled to be repealed on January 1, 2022)

9 Sec. 92. Unlicensed practice; violation; civil penalty.

10 (a) Any person, entity or other business who practices,

11 offers to practice, attempts to practice, or holds oneself

12 ~~himself, herself or itself~~ out to practice as a community

13 association manager or community association management firm

14 or provides ~~provide~~ services as a community association

15 manager or community association management firm to any

16 community association in this State without being licensed

17 under this Act or, in the case of a community association

18 management firm, without a designated community association

19 manager shall, in addition to any other penalty provided by

20 law, pay a civil penalty to the Department in an amount not to

21 exceed $10,000 for each offense, as determined by the

22 Department. The civil penalty shall be assessed by the

23 Department after a hearing is held in accordance with the

24 provisions set forth in this Act regarding the provision of a

25 hearing for the discipline of a licensee.

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1 (b) The Department may investigate any and all unlicensed

2 activity.

3 (c) The civil penalty shall be paid within 60 days after

4 the effective date of the order imposing the civil penalty.

5 The order shall constitute a judgment and may be filed and

6 execution had thereon in the same manner as any judgment from

7 any court of record.

8 (Source: P.A. 98-365, eff. 1-1-14.)

9 (225 ILCS 427/95)

10 (Section scheduled to be repealed on January 1, 2022)

11 Sec. 95. Investigation; notice and hearing. The

12 Department may investigate the actions or qualifications of a

13 person, entity or other business applying for, holding or

14 claiming to hold, or holding oneself out as having a license or

15 rendering or offering to render services for which a license

16 is required by this Act and may notify their designated

17 community association manager, if any, of the pending

18 investigation. Before suspending, revoking, placing on

19 probationary status, or taking any other disciplinary action

20 as the Department may deem proper with regard to any license,

21 at least 30 days before the date set for the hearing, the

22 Department shall (i) notify the accused and their designated

23 community association manager, if any, in writing of any

24 charges made and the time and place for a hearing on the

25 charges before the Board, (ii) direct the accused ~~individual~~

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1 ~~or entity~~ to file a written answer to the charges with the

2 Board under oath within 20 days after the service on the

3 accused ~~him or her~~ of such notice, and (iii) inform the accused

4 ~~person, entity or other business~~ that if the accused ~~the~~

5 ~~person, entity, or other business~~ fails to file an answer,

6 default will be taken against the accused ~~such person, entity,~~

7 ~~or other business~~ and the license of the accused ~~such person,~~

8 ~~entity, or other business~~ may be suspended, revoked, placed on

9 probationary status, or other disciplinary action taken with

10 regard to the license, including limiting the scope, nature,

11 or extent of related ~~his or her~~ practice, as the Department may

12 deem proper. The Department shall serve notice under this

13 Section by regular or electronic ~~Written notice may be served~~

14 ~~by personal delivery or by registered or certified~~ mail to the

15 applicant's or licensee's ~~applicant or licensee at his or her~~

16 last address of record or email address of record as provided

17 to ~~with~~ the Department. If the accused ~~In case the person~~ fails

18 to file an answer after receiving notice, the ~~his or her~~

19 license may, in the discretion of the Department, be

20 suspended, revoked, or placed on probationary status, or the

21 Department may take whatever disciplinary action deemed

22 proper, including limiting the scope, nature, or extent of the

23 person's practice or the imposition of a fine, without a

24 hearing, if the act or acts charged constitute sufficient

25 grounds for such action under this Act. The ~~written~~ answer

26 shall be served by personal delivery or regular ~~, certified~~

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1 ~~delivery, or certified or registered~~ mail to the Department.

2 At the time and place fixed in the notice, the Department shall

3 proceed to hear the charges and the parties or their counsel

4 shall be accorded ample opportunity to present such

5 statements, testimony, evidence, and argument as may be

6 pertinent to the charges or to the defense thereto. The

7 Department may continue such hearing from time to time. At the

8 discretion of the Secretary after having first received the

9 recommendation of the Board, the accused person's license may

10 be suspended, ~~or~~ revoked, or placed on probationary status or

11 the Department may take whatever disciplinary action

12 considered proper, including limiting the scope, nature, or

13 extent of the person's practice or the imposition of a fine if

14 the act or acts charged constitute sufficient grounds for that

15 action under this Act. A copy of the Department's final order

16 shall be delivered to the accused's designated community

17 association manager or, if the accused is directly employed by

18 a community association, to the board of managers of that

19 association if known to the Department ~~, if the evidence~~

20 ~~constitutes sufficient grounds for such action under this Act~~.

21 (Source: P.A. 96-726, eff. 7-1-10; 97-333, eff. 8-12-11.)

22 (225 ILCS 427/115)

23 (Section scheduled to be repealed on January 1, 2022)

24 Sec. 115. Rehearing. At the conclusion of a hearing and

25 following deliberation by the Board, a copy of the Board's

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1 report shall be served upon the applicant, licensee, or

2 unlicensed person by the Department, either personally or as

3 provided in this Act for the service of a notice of hearing. ~~In~~

4 ~~any hearing involving disciplinary action against a licensee,~~

5 ~~a copy of the Board's report shall be served upon the~~

6 ~~respondent by the Department, either personally or as provided~~

7 ~~in this Act for the service of the notice of hearing.~~ Within 20

8 calendar days after service, the respondent may present to the

9 Department a motion in writing for a rehearing that shall

10 specify the particular grounds for rehearing. If no motion for

11 rehearing is filed, then upon the expiration of the time

12 specified for filing a motion, or if a motion for rehearing is

13 denied, then upon denial, the Secretary may enter an order in

14 accordance with recommendations of the Board, except as

15 provided in this Act. If the respondent orders from the

16 reporting service, and pays for, a transcript of the record

17 within the time for filing a motion for rehearing, the 20

18 calendar day period within which a motion may be filed shall

19 commence upon the delivery of the transcript to the

20 respondent.

21 (Source: P.A. 96-726, eff. 7-1-10.)

22 (225 ILCS 427/120)

23 (Section scheduled to be repealed on January 1, 2022)

24 Sec. 120. Appointment of a hearing officer. The Secretary

25 has the authority to appoint any attorney duly licensed to

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1 practice law in the State of Illinois to serve as the hearing

2 officer in any action for refusal to issue or renew a license,

3 or to discipline a licensee. The hearing officer has full

4 authority to conduct the hearing. The hearing officer shall

5 report the ~~his~~ findings and recommendations to the Board and

6 the Secretary. At its next meeting following ~~The Board has 60~~

7 ~~calendar days from~~ receipt of the report, the Board shall ~~to~~

8 review the report of the hearing officer and present its

9 findings of fact, conclusions of law, and recommendations to

10 the Secretary.

11 If the Board fails to present its report within 30

12 calendar days following its next meeting after receiving the

13 report ~~within the 60 calendar day period~~, the respondent may

14 request in writing a direct appeal to the Secretary, in which

15 case the Secretary shall, within 7 calendar days after the

16 request, issue an order directing the Board to issue its

17 findings of fact, conclusions of law, and recommendations to

18 the Secretary within 30 calendar days after such order.

19 If the Board fails to issue its findings of fact,

20 conclusions of law, and recommendations within that time frame

21 to the Secretary after the entry of such order, the Secretary

22 shall, within 30 calendar days thereafter, issue an order

23 based upon the report of the hearing officer and the record of

24 the proceedings or issue an order remanding the matter back to

25 the hearing officer for additional proceedings in accordance

26 with the order.

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1 If (i) a direct appeal is requested, (ii) the Board fails

2 to issue its findings of fact, conclusions of law, and

3 recommendations within the 30-day mandate from the Secretary

4 or the Secretary fails to order the Board to do so, and (iii)

5 the Secretary fails to issue an order within 30 calendar days

6 thereafter, then the hearing officer's report is deemed

7 accepted and a final decision of the Secretary.

8 Notwithstanding any other provision of this Section, if

9 the Secretary, upon review, determines that substantial

10 justice has not been done in the revocation, suspension, or

11 refusal to issue or renew a license or other disciplinary

12 action taken as the result of the entry of the hearing

13 officer's report, the Secretary may order a rehearing by the

14 same or other examiners. If the Secretary disagrees with the

15 recommendation of the Board or the hearing officer, the

16 Secretary may issue an order in contravention of either

17 recommendation.

18 (Source: P.A. 96-726, eff. 7-1-10.)

19 (225 ILCS 427/140)

20 (Section scheduled to be repealed on January 1, 2022)

21 Sec. 140. Summary suspension. The Secretary may summarily

22 suspend a license without a hearing, simultaneously with the

23 institution of proceedings for a hearing provided for in this

24 Act, if the Secretary finds ~~that~~ evidence indicating ~~in his or~~

25 ~~her possession indicates~~ that a continuation in practice would

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1 constitute an imminent danger to the public. In the event that

2 the Secretary summarily suspends a license without a hearing,

3 a hearing by the Department must be held within 30 calendar

4 days after the suspension has occurred.

5 (Source: P.A. 96-726, eff. 7-1-10.)

6 (225 ILCS 427/145)

7 (Section scheduled to be repealed on January 1, 2022)

8 Sec. 145. Judicial review. All final administrative

9 decisions of the Department are subject to judicial review

10 under the Administrative Review Law and its rules. The term

11 "administrative decision" is defined as in Section 3-101 of

12 the Code of Civil Procedure. Proceedings for judicial review

13 shall be commenced in the circuit court of the county in which

14 the party applying for review resides; but if the party is not

15 a resident of this State, the venue shall be in Sangamon County

16 or Cook County.

17 (Source: P.A. 96-726, eff. 7-1-10.)

18 (225 ILCS 427/155)

19 (Section scheduled to be repealed on January 1, 2022)

20 Sec. 155. Violations; penalties.

21 (a) A person who violates any of the following provisions

22 shall be guilty of a Class A misdemeanor; a person who commits

23 a second or subsequent violation of these provisions is guilty

24 of a Class 4 felony:

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1 (1) Practicing or attempting to ~~The practice of or~~

2 ~~attempted~~ practice ~~of~~ or holding oneself out as available

3 to practice as a community association manager ~~or~~

4 ~~supervising community association manager~~ without a

5 license.

6 (2) Operating or attempting ~~Operation of or attempt~~ to

7 operate a community association management firm without a

8 firm license or a designated ~~supervising~~ community

9 association manager.

10 (3) Obtaining or attempting ~~The obtaining of or the~~

11 ~~attempt~~ to obtain any license or authorization issued

12 under this Act by fraudulent misrepresentation.

13 (b) Whenever a licensee is convicted of a felony related

14 to the violations set forth in this Section, ~~the clerk of the~~

15 ~~court in any jurisdiction shall promptly report the conviction~~

16 ~~to the Department and~~ the Department shall immediately revoke

17 any license authorized under this Act held by that licensee.

18 The licensee shall not be eligible for licensure under this

19 Act until at least 5 years have elapsed since a felony

20 conviction or 3 years since release from confinement for the

21 conviction, whichever is later, without a subsequent ~~10 years~~

22 ~~have elapsed since the time of full discharge from any~~

23 ~~sentence imposed for a felony~~ conviction. ~~If any person in~~

24 ~~making any oath or affidavit required by this Act swears~~

25 ~~falsely, the person is guilty of perjury and may be punished~~

26 ~~accordingly.~~

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1 (Source: P.A. 98-365, eff. 1-1-14; 99-78, eff. 7-20-15.)

2 (225 ILCS 427/161 new)

3 Sec. 161. Statute of limitations. No action may be taken

4 under this Act against a person or entity licensed under this

5 Act unless the action is commenced within 5 years after the

6 occurrence of the alleged violation. A continuing violation is

7 deemed to have occurred on the date when the circumstances

8 last existed that gave rise to the alleged continuing

9 violation.

10 (225 ILCS 427/162 new)

11 Sec. 162. No private right of action. Except as otherwise

12 expressly provided for in this Act, nothing in this Act shall

13 be construed to grant to any person a private right of action

14 to enforce the provisions of this Act or the rules adopted

15 under this Act.

16 (225 ILCS 427/165)

17 (Section scheduled to be repealed on January 1, 2022)

18 Sec. 165. Home rule. The regulation and licensing of

19 community association managers~~, supervising community~~

20 ~~association managers,~~ and community association management

21 firms are exclusive powers and functions of the State. A home

22 rule unit may not regulate or license community association

23 managers~~, supervising community association managers,~~ or

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1 community association management firms. This Section is a

2 denial and limitation of home rule powers and functions under

3 subsection (h) of Section 6 of Article VII of the Illinois

4 Constitution.

5 (Source: P.A. 98-365, eff. 1-1-14.)

6 (225 ILCS 427/42 rep.)

7 (225 ILCS 427/80 rep.)

8 (225 ILCS 427/135 rep.)

9 (225 ILCS 427/170 rep.)

10 Section 55. The Community Association Manager Licensing

11 and Disciplinary Act is amended by repealing Sections 42, 80,

12 135, and 170.

13 Section 60. The Detection of Deception Examiners Act is

14 amended by changing Sections 1, 7.1, 7.3, 17, and 20 and by

15 adding Section 10.2 as follows:

16 (225 ILCS 430/1) (from Ch. 111, par. 2401)

17 (Section scheduled to be repealed on January 1, 2022)

18 Sec. 1. Definitions. As used in this Act, unless the

19 context otherwise requires:

20 "Address of record ~~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~~

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1 ~~applicant or licensee to inform the Department of any change~~

2 ~~of address and those changes must be made either through the~~

3 ~~Department's website or by contacting the Department.~~

4 "Detection of Deception Examination", hereinafter referred

5 to as "Examination" means any examination in which a device or

6 instrument is used to test or question individuals for the

7 purpose of evaluating truthfulness or untruthfulness.

8 "Email address of record" means the designated email

9 address recorded by the Department in the applicant's

10 application file or the licensee's license file, as maintained

11 by the Department's licensure maintenance unit.

12 "Examiner" means any person licensed under this Act.

13 "Person" includes any natural person, partnership,

14 association, corporation or trust.

15 "Department" means the Department of Financial and

16 Professional Regulation.

17 "Law enforcement agency" means an agency of the State or a

18 unit of local government that is vested by law or ordinance

19 with the power to maintain public order and to enforce

20 criminal laws and ordinances.

21 "Secretary" means the Secretary of Financial and

22 Professional Regulation.

23 (Source: P.A. 97-168, eff. 7-22-11.)

24 (225 ILCS 430/7.1) (from Ch. 111, par. 2408)

25 (Section scheduled to be repealed on January 1, 2022)

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1 Sec. 7.1. Administrative Procedure Act. The Illinois

2 Administrative Procedure Act is hereby expressly adopted and

3 incorporated herein as if all of the provisions of that Act

4 were included in this Act, except that the provision of

5 subsection (d) of Section 10-65 of the Illinois Administrative

6 Procedure Act that provides that at hearings the licensee has

7 the right to show compliance with all lawful requirements for

8 retention, continuation, or renewal of the license is

9 specifically excluded. For the purposes of this Act, the

10 notice required under Section 10-25 of the Illinois

11 Administrative Procedure Act is deemed sufficient when mailed

12 or emailed to the last known address of a party.

13 (Source: P.A. 100-201, eff. 8-18-17.)

14 (225 ILCS 430/7.3)

15 (Section scheduled to be repealed on January 1, 2022)

16 Sec. 7.3. Appointment of a Hearing Officer. The Secretary

17 has the authority to appoint an attorney, licensed to practice

18 law in the State of Illinois, to serve as a Hearing Officer in

19 any action for refusal to issue or renew a license or to

20 discipline a license. The Hearing Officer has full authority

21 to conduct the hearing. ~~The appointed Detection of Deception~~

22 ~~Coordinator may attend hearings and advise the Hearing Officer~~

23 ~~on technical matters involving Detection of Deception~~

24 ~~examinations.~~

25 (Source: P.A. 97-168, eff. 7-22-11.)

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1 (225 ILCS 430/10.2 new)

2 Sec. 10.2. Address of record; email address of record.

3 All applicants and licensees shall:

4 (1) provide a valid address and email address to the

5 Department, which shall serve as the address of record and

6 email address of record, respectively, at the time of

7 application for licensure or renewal of a license; and

8 (2) inform the Department of any change of address of

9 record or email address of record within 14 days after

10 such change either through the Department's website or by

11 contacting the Department's licensure maintenance unit.

12 (225 ILCS 430/17) (from Ch. 111, par. 2418)

13 (Section scheduled to be repealed on January 1, 2022)

14 Sec. 17. Investigations; notice and hearing. The

15 Department may investigate the actions of any applicant or any

16 person or persons rendering or offering to render detection of

17 deception services or any person holding or claiming to hold a

18 license as a licensed examiner. The Department shall, before

19 refusing to issue or renew a license or to discipline a

20 licensee under Section 14, at least 30 days prior to the date

21 set for the hearing, (i) notify the accused in writing of the

22 charges made and the time and place for the hearing on the

23 charges, (ii) direct him or her to file a written answer with

24 the Department under oath within 20 days after the service of

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1 the notice, and (iii) inform the applicant or licensee that

2 failure to file an answer will result in default being taken

3 against the applicant or licensee. At the time and place fixed

4 in the notice, the Department shall proceed to hear the

5 charges and the parties or their counsel shall be accorded

6 ample opportunity to present any pertinent statements,

7 testimony, evidence, and arguments. The Department may

8 continue the hearing from time to time. In case the person,

9 after receiving the notice, fails to file an answer, his or her

10 license, may, in the discretion of the Department, be revoked,

11 suspended, placed on probationary status, or the Department

12 may take whatever disciplinary action considered proper,

13 including limiting the scope, nature, or extent of the

14 person's practice or the imposition of a fine, without a

15 hearing, if the act or acts charged constitute sufficient

16 grounds for that action under the Act. The written notice may

17 be served by email, by personal delivery, or by ~~certified~~ mail

18 to the accused's address of record.

19 (Source: P.A. 97-168, eff. 7-22-11.)

20 (225 ILCS 430/20) (from Ch. 111, par. 2421)

21 (Section scheduled to be repealed on January 1, 2022)

22 Sec. 20. Any person affected by a final administrative

23 decision of the Department may have such decision reviewed

24 judicially by the circuit court of the county wherein such

25 person resides. If the plaintiff in the review proceeding is

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1 not a resident of this State, the venue shall be in Sangamon

2 County. The provisions of the Administrative Review Law, and

3 all amendments and modifications thereof, and the rules

4 adopted pursuant thereto, shall apply to and govern all

5 proceedings for the judicial review of final administrative

6 decisions of the Department hereunder. The term

7 "administrative decision" is defined as in Section 3-101 of

8 the Code of Civil Procedure.

9 The Department shall not be required to certify any record

10 to the court or file any answer in court or otherwise appear in

11 any court in a judicial ~~Judicial~~review proceeding, unless and

12 until the Department has received from the plaintiff payment

13 of the costs of furnishing and certifying the record which

14 costs shall be determined by the Department. ~~Exhibits shall be~~

15 ~~certified without cost.~~ Failure on the part of the plaintiff

16 to file a receipt in court is grounds for dismissal of the

17 action.

18 (Source: P.A. 97-168, eff. 7-22-11.)

19 (225 ILCS 430/7.2 rep.)

20 (225 ILCS 430/16 rep.)

21 Section 65. The Detection of Deception Examiners Act is

22 amended by repealing Sections 7.2 and 16.

23 Section 70. The Home Inspector License Act is amended by

24 changing Sections 1-10, 5-5, 5-10, 5-12, 5-16, 5-17, 5-20,

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1 5-25, 5-30, 10-10, 15-10, 15-15, 15-20, 15-55, 15-60, 20-5,

2 25-15, and 25-27 and by adding Sections 1-12, 5-50, 15-10.1,

3 and 15-36 as follows:

4 (225 ILCS 441/1-10)

5 (Section scheduled to be repealed on January 1, 2022)

6 Sec. 1-10. Definitions. As used in this Act, unless the

7 context otherwise requires:

8 "Address of record" means the designated street address,

9 which may not be a post office box, recorded by the Department

10 in the applicant's or licensee's application file or license

11 file as maintained by the ~~Department's licensure maintenance~~

12 ~~unit. It is the duty of the applicant or licensee to inform the~~

13 ~~Department of any change of address and those changes must be~~

14 ~~made either through the Department's website or by contacting~~

15 ~~the~~ Department.

16 "Applicant" means a person who applies to the Department

17 for a license under this Act.

18 "Client" means a person who engages or seeks to engage the

19 services of a home inspector for an inspection assignment.

20 "Department" means the Department of Financial and

21 Professional Regulation.

22 "Email address of record" means the designated email

23 address recorded by the Department in the applicant's

24 application file or the licensee's license file, as maintained

25 by the Department.

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1 "Home inspection" means the examination and evaluation of

2 the exterior and interior components of residential real

3 property, which includes the inspection of any 2 or more of the

4 following components of residential real property in

5 connection with or to facilitate the sale, lease, or other

6 conveyance of, or the proposed sale, lease or other conveyance

7 of, residential real property:

8 (1) heating, ventilation, and air conditioning system;

9 (2) plumbing system;

10 (3) electrical system;

11 (4) structural composition;

12 (5) foundation;

13 (6) roof;

14 (7) masonry structure; or

15 (8) any other residential real property component as

16 established by rule.

17 "Home inspector" means a person or entity who, for another

18 and for compensation either direct or indirect, performs home

19 inspections.

20 "Home inspection report" or "inspection report" means a

21 written evaluation prepared and issued by a home inspector

22 upon completion of a home inspection, which meets the

23 standards of practice as established by the Department.

24 "Inspection assignment" means an engagement for which a

25 home inspector is employed or retained to conduct a home

26 inspection and prepare a home inspection report.

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1 "License" means the privilege conferred by the Department

2 to a person who has fulfilled all requirements prerequisite to

3 any type of licensure under this Act.

4 "Licensee" means a home inspector, home inspector entity,

5 or home inspector education provider.

6 "Person" means individuals, entities, corporations,

7 limited liability companies, registered limited liability

8 partnerships, and partnerships, foreign or domestic, except

9 that when the context otherwise requires, the term may refer

10 to a single individual or other described entity.

11 "Residential real property" means real property that is

12 used or intended to be used as a residence by one or more

13 individuals.

14 "Secretary" means the Secretary of Financial and

15 Professional Regulation or the Secretary's designee.

16 "Standards of practice" means recognized standards ~~and~~

17 ~~codes~~to be used in a home inspection, as determined by the

18 Department and established by rule.

19 (Source: P.A. 97-226, eff. 7-28-11.)

20 (225 ILCS 441/1-12 new)

21 Sec. 1-12. Address of record; email address of record. All

22 applicants and licensees shall:

23 (1) provide a valid address and email address to the

24 Department, which shall serve as the address of record and

25 email address of record, respectively, at the time of

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1 application for licensure or renewal of a license; and

2 (2) inform the Department of any change of address of

3 record or email address of record within 14 days after

4 such change through the Department's website or by

5 contacting the Department.

6 (225 ILCS 441/5-5)

7 (Section scheduled to be repealed on January 1, 2022)

8 Sec. 5-5. Necessity of license; use of title; exemptions.

9 (a) It is unlawful for any person, including any entity,

10 to act or assume to act as a home inspector, to engage in the

11 business of home inspection, to develop a home inspection

12 report, to practice as a home inspector, or to advertise or

13 hold oneself~~himself, herself, or itself~~out to be a home

14 inspector without a home inspector license issued under this

15 Act. A person who violates this subsection is guilty of a Class

16 A misdemeanor for the first offense and a Class 4 felony for

17 the second and any subsequent offenses.

18 (b) It is unlawful for any person, other than a person who

19 holds a valid home inspector license issued pursuant to this

20 Act, to use the title "home inspector" or any other title,

21 designation, or abbreviation likely to create the impression

22 that the person is licensed as a home inspector pursuant to

23 this Act. A person who violates this subsection is guilty of a

24 Class A misdemeanor.

25 (c) The licensing requirements of this Article do not

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1 apply to:

2 (1) any person who is employed as a code enforcement

3 official by the State of Illinois or any unit of local

4 government, while acting within the scope of that

5 government employment;

6 (2) any person licensed in this State by any other law

7 who is engaging in the profession or occupation for which

8 the person is licensed ~~by the State of Illinois while~~

9 ~~acting within the scope of his or her license~~; or

10 (3) any person engaged by the owner or lessor of

11 residential real property for the purpose of preparing a

12 bid or estimate as to the work necessary or the costs

13 associated with performing home construction, home

14 remodeling, or home repair work on the residential real

15 property, provided such person does not~~hold himself or~~

16 ~~herself out, or~~ advertise or hold oneself out as ~~himself~~

17 ~~or herself, as being~~ engaged in business as a home

18 inspector.

19 (d) The licensing of home inspector entities required

20 under this Act does not apply to an entity whose ownership

21 structure is one licensed home inspector operating a sole

22 proprietorship, a single member limited liability company, or

23 a single shareholder corporation, and that home inspector is

24 the only licensed home inspector performing inspections on the

25 entity's behalf. The licensed home inspector who is the sole

26 proprietor, sole shareholder, or single member of the company

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1 or entity shall comply with all other provisions of this Act.

2 (Source: P.A. 97-226, eff. 7-28-11.)

3 (225 ILCS 441/5-10)

4 (Section scheduled to be repealed on January 1, 2022)

5 Sec. 5-10. Application for home inspector license.

6 (a)Every natural person who desires to obtain a home

7 inspector license shall:

8 (1) apply to the Department in a manner ~~on forms~~

9 prescribed by the Department and accompanied by the

10 required fee; all applications shall contain the

11 information that, in the judgment of the Department,

12 enables the Department to pass on the qualifications of

13 the applicant for a license to practice as a home

14 inspector as set by rule;

15 (2) be at least 18 years of age;

16 (3) successfully complete a 4-year course of study in

17 a high school or secondary school or an equivalent course

18 of study approved by the state in which the school is

19 located, or possess a high school equivalency certificate,

20 which shall be verified under oath by the applicant

21 ~~provide evidence of having attained a high school diploma~~

22 ~~or completed an equivalent course of study as determined~~

23 ~~by an examination conducted by the Illinois State Board of~~

24 ~~Education~~;

25 (4) personally take and pass a written examination and

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1 a field ~~an~~ examination authorized by the Department; and

2 (5) prior to taking the examination, provide evidence

3 to the Department that the applicant ~~he or she~~has

4 successfully completed the prerequisite classroom hours of

5 instruction in home inspection, as established by rule.

6 (b) The Department shall not require applicants to report

7 the following information and shall not consider the following

8 criminal history records in connection with an application for

9 licensure or registration:

10 (1) juvenile adjudications of delinquent minors as

11 defined in Section 5-105 of the Juvenile Court Act of 1987

12 subject to the restrictions set forth in Section 5-130 of

13 that Act;

14 (2) law enforcement records, court records, and

15 conviction records of an individual who was 17 years old

16 at the time of the offense and before January 1, 2014,

17 unless the nature of the offense required the individual

18 to be tried as an adult;

19 (3) records of arrest not followed by a charge or

20 conviction;

21 (4) records of arrest where the charges were dismissed

22 unless related to the practice of the profession; however,

23 applicants shall not be asked to report any arrests, and

24 an arrest not followed by a conviction shall not be the

25 basis of denial and may be used only to assess an

26 applicant's rehabilitation;

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1 (5) convictions overturned by a higher court; or

2 (6) convictions or arrests that have been sealed or

3 expunged.

4 (c) An applicant or licensee shall report to the

5 Department, in a manner prescribed by the Department, upon

6 application and within 30 days after the occurrence, if during

7 the term of licensure, (i) any conviction of or plea of guilty

8 or nolo contendere to forgery, embezzlement, obtaining money

9 under false pretenses, larceny, extortion, conspiracy to

10 defraud, or any similar offense or offenses or any conviction

11 of a felony involving moral turpitude, (ii) the entry of an

12 administrative sanction by a government agency in this State

13 or any other jurisdiction that has as an essential element

14 dishonesty or fraud or involves larceny, embezzlement, or

15 obtaining money, property, or credit by false pretenses, or

16 (iii) a crime that subjects the licensee to compliance with

17 the requirements of the Sex Offender Registration Act.

18 (d) Applicants have 3 years after the date of the

19 application to complete the application process. If the

20 process has not been completed within 3 years, the application

21 shall be denied, the fee forfeited, and the applicant must

22 reapply and meet the requirements in effect at the time of

23 reapplication.

24 (Source: P.A. 100-892, eff. 8-14-18.)

25 (225 ILCS 441/5-12)

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1 (Section scheduled to be repealed on January 1, 2022)

2 Sec. 5-12. Application for home inspector license; entity.

3 Every entity that is not a natural person that desires to

4 obtain a home inspector license shall apply to the Department

5 in a manner prescribed ~~on forms provided~~by the Department and

6 accompanied by the required fee.

7 Applicants have 3 years after the date of the application

8 to complete the application process. If the process has not

9 been completed within 3 years, the application shall be

10 denied, the fee forfeited, and the applicant must reapply and

11 meet the requirements in effect at the time of reapplication.

12 A corporation, limited liability company, partnership, or

13 entity shall, as a condition of licensure, designate a

14 managing licensed home inspector. The managing home inspector

15 of any home inspector entity shall be responsible for the

16 actions of all licensed and unlicensed employees, agents, and

17 representatives of that home inspector entity while it is

18 providing a home inspection or home inspection service. All

19 other requirements for home inspector entities shall be

20 established by rule.

21 (Source: P.A. 97-226, eff. 7-28-11.)

22 (225 ILCS 441/5-16)

23 (Section scheduled to be repealed on January 1, 2022)

24 Sec. 5-16. Renewal of license.

25 (a) The expiration date and renewal period for a home

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1 inspector license issued under this Act shall be set by rule.

2 Except as otherwise provided in subsections (b) and (c) of

3 this Section, the holder of a license may renew the license

4 within 90 days preceding the expiration date by:

5 (1) completing and submitting to the Department a

6 renewal application in a manner prescribed ~~form as~~

7 ~~provided~~ by the Department;

8 (2) paying the required fees; and

9 (3) providing evidence of successful completion of the

10 continuing education requirements through courses approved

11 by the Department given by education providers licensed by

12 the Department, as established by rule.

13 (b) A home inspector whose license under this Act has

14 expired may renew the license for a period of 2 years following

15 the expiration date by complying with the requirements of

16 subparagraphs (1), (2), and (3) of subsection (a) of this

17 Section and paying any late penalties established by rule.

18 (c) Notwithstanding subsection (b), a home inspector whose

19 license under this Act has expired may renew the license

20 without paying any lapsed renewal fees or late penalties if

21 (i) the license expired while the home inspector was on active

22 duty with the United States Armed Services, (ii) application

23 for renewal is made within 2 years following the termination

24 of the military service or related education, training, or

25 employment, and (iii) the applicant furnishes to the

26 Department an affidavit that the applicant ~~he or she~~ was so

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1 engaged.

2 (d) The Department shall provide reasonable care and due

3 diligence to ensure that each licensee under this Act is

4 provided a renewal application at least 90 days prior to the

5 expiration date, but it is the responsibility of each licensee

6 to renew the~~his or her~~ license prior to its expiration date.

7 (Source: P.A. 97-226, eff. 7-28-11.)

8 (225 ILCS 441/5-17)

9 (Section scheduled to be repealed on January 1, 2022)

10 Sec. 5-17. Renewal of home inspector license; entity.

11 (a) The expiration date and renewal period for a home

12 inspector license for an entity that is not a natural person

13 shall be set by rule. The holder of a license may renew the

14 license within 90 days preceding the expiration date by

15 completing and submitting to the Department a renewal

16 application in a manner prescribed ~~form as provided~~ by the

17 Department and paying the required fees.

18 (b) An entity that is not a natural person whose license

19 under this Act has expired may renew the license for a period

20 of 2 years following the expiration date by complying with the

21 requirements of subsection (a) of this Section and paying any

22 late penalties established by rule.

23 (Source: P.A. 97-226, eff. 7-28-11.)

24 (225 ILCS 441/5-20)

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1 (Section scheduled to be repealed on January 1, 2022)

2 Sec. 5-20. Endorsement. The Department may, in its

3 discretion, license as a home inspector, by endorsement, on

4 payment of the required fee, an applicant who is a home

5 inspector licensed under the laws of another state or

6 territory, if (i) the requirements for licensure in the state

7 or territory in which the applicant was licensed were, at the

8 date of ~~his or her~~ licensure, substantially equivalent to the

9 requirements in force in this State on that date or (ii) there

10 were no requirements in force in this State on the date of ~~his~~

11 ~~or her~~ licensure and the applicant possessed individual

12 qualifications on that date that are substantially similar to

13 the requirements under this Act. The Department may adopt any

14 rules necessary to implement this Section.

15 Applicants have 3 years after the date of application to

16 complete the application process. If the process has not been

17 completed within 3 years, the application shall be denied, the

18 fee forfeited, and the applicant must reapply and meet the

19 requirements in effect at the time of reapplication.

20 (Source: P.A. 97-226, eff. 7-28-11.)

21 (225 ILCS 441/5-25)

22 (Section scheduled to be repealed on January 1, 2022)

23 Sec. 5-25. Pre-license education requirements. The

24 prerequisite curriculum andclassroom hours necessary for a

25 person to be approved to sit for the examination for a home

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1 inspector shall be established by rule. Approved education, as

2 prescribed by this Act and its associated administrative rules

3 for licensure as a home inspector, shall be valid for 2 years

4 after the date of satisfactory completion of the education.

5 (Source: P.A. 92-239, eff. 8-3-01.)

6 (225 ILCS 441/5-30)

7 (Section scheduled to be repealed on January 1, 2022)

8 Sec. 5-30. Continuing education renewal requirements. The

9 continuing education requirements for a person to renew a

10 license as a home inspector shall be established by rule.~~The~~

11 ~~Department shall establish a continuing education completion~~

12 ~~deadline for home inspector licensees and require evidence of~~

13 ~~compliance with continuing education requirements in a manner~~

14 ~~established by rule before the renewal of a license.~~

15 (Source: P.A. 100-831, eff. 1-1-19.)

16 (225 ILCS 441/5-50 new)

17 Sec. 5-50. Insurance.

18 (a) All applicants for a home inspector license and all

19 licensees shall maintain general liability insurance in an

20 amount of not less than $100,000.

21 (b) Failure of an applicant or a licensee to carry and

22 maintain the insurance required by this Section, to timely

23 submit proof of coverage upon the Department's request, or to

24 timely report any claims made against such policies of

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1 insurance shall be grounds for the denial of an application to

2 renew a license, or the suspension or revocation of the

3 license.

4 (c) The policies of insurance submitted by an applicant

5 for a new license or an applicant for renewal of a license must

6 include the name of the applicant as it appears or will appear

7 on the license.

8 (d) A home inspector shall maintain the insurance required

9 by this Section for at least one year after the latest home

10 inspection report the home inspector delivered.

11 (e) The Department may adopt rules to implement this

12 Section.

13 (225 ILCS 441/10-10)

14 (Section scheduled to be repealed on January 1, 2022)

15 Sec. 10-10. Retention of records. A person licensed under

16 this Act shall retain the original or a true and exact copy of

17 all written contracts that engage the licensee's ~~engaging his~~

18 ~~or her~~ services as a home inspector and all home inspection

19 reports, including any supporting data used to develop the

20 home inspection report, for a period of 5 years or 2 years

21 after the final disposition of any judicial proceeding, which

22 includes any appeal, in which testimony was given, whichever

23 is longer.

24 (Source: P.A. 97-226, eff. 7-28-11.)

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1 (225 ILCS 441/15-10)

2 (Section scheduled to be repealed on January 1, 2022)

3 Sec. 15-10. Grounds for disciplinary action.

4 (a) The Department may refuse to issue or renew, or may

5 revoke, suspend, place on probation, reprimand, or take other

6 disciplinary or non-disciplinary action as the Department may

7 deem appropriate, including imposing fines not to exceed

8 $25,000 for each violation, with regard to any license for any

9 one or combination of the following:

10 (1) Fraud or misrepresentation in applying for, or

11 procuring a license under this Act or in connection with

12 applying for renewal of a license under this Act.

13 (2) Failing to meet the minimum qualifications for

14 licensure as a home inspector established by this Act.

15 (3) Paying money, other than for the fees provided for

16 by this Act, or anything of value to an employee of the

17 Department to procure licensure under this Act.

18 (4) Conviction of, or ~~by~~ plea of guilty or nolo

19 contendere, or finding as enumerated in subsection (c) of

20 Section 5-10, ~~of guilt, jury verdict, or entry of judgment~~

21 ~~or by sentencing of any crime, including, but not limited~~

22 ~~to, convictions, preceding sentences of supervision,~~

23 ~~conditional discharge, or first offender probation,~~ under

24 the laws of any jurisdiction of the United States: (i)

25 that is a felony, ~~; (ii) that is a~~ misdemeanor, or

26 administrative sanction, or (ii) ~~an essential element of~~

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1 ~~which is dishonesty, or that is directly related to the~~

2 ~~practice of the profession; or (iii)~~ that is a crime that

3 subjects the licensee to compliance with the requirements

4 of the Sex Offender Registration Act.

5 (5) Committing an act or omission involving

6 dishonesty, fraud, or misrepresentation with the intent to

7 substantially benefit the licensee or another person or

8 with the intent to substantially injure another person.

9 (6) Violating a provision or standard for the

10 development or communication of home inspections as

11 provided in Section 10-5 of this Act or as defined in the

12 rules.

13 (7) Failing or refusing to exercise reasonable

14 diligence in the development, reporting, or communication

15 of a home inspection report, as defined by this Act or the

16 rules.

17 (8) Violating a provision of this Act or the rules.

18 (9) Having been disciplined by another state, the

19 District of Columbia, a territory, a foreign nation, a

20 governmental agency, or any other entity authorized to

21 impose discipline if at least one of the grounds for that

22 discipline is the same as or substantially equivalent to

23 one of the grounds for which a licensee may be disciplined

24 under this Act.

25 (10) Engaging in dishonorable, unethical, or

26 unprofessional conduct of a character likely to deceive,

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1 defraud, or harm the public.

2 (11) Accepting an inspection assignment when the

3 employment itself is contingent upon the home inspector

4 reporting a predetermined analysis or opinion, or when the

5 fee to be paid is contingent upon the analysis, opinion,

6 or conclusion reached or upon the consequences resulting

7 from the home inspection assignment.

8 (12) Developing home inspection opinions or

9 conclusions based on the race, color, religion, sex,

10 national origin, ancestry, age, marital status, family

11 status, physical or mental disability, military status, ~~or~~

12 unfavorable discharge from military status ~~discharge~~,

13 sexual orientation, order of protection status, or

14 pregnancy,as defined under the Illinois Human Rights Act,

15 of the prospective or present owners or occupants of the

16 area or property under home inspection.

17 (13) Being adjudicated liable in a civil proceeding on

18 grounds of fraud, misrepresentation, or deceit. In a

19 disciplinary proceeding based upon a finding of civil

20 liability, the home inspector shall be afforded an

21 opportunity to present mitigating and extenuating

22 circumstances, but may not collaterally attack the civil

23 adjudication.

24 (14) Being adjudicated liable in a civil proceeding

25 for violation of a State or federal fair housing law.

26 (15) Engaging in misleading or untruthful advertising

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1 or using a trade name or insignia of membership in a home

2 inspection organization of which the licensee is not a

3 member.

4 (16) Failing, within 30 days, to provide information

5 in response to a written request made by the Department.

6 (17) Failing to include within the home inspection

7 report the home inspector's license number and the date of

8 expiration of the license. The names of (i) all persons

9 who conducted the home inspection; and (ii) all persons

10 who prepared the subsequent written evaluation or any part

11 thereof must be disclosed in the report. ~~All home~~

12 ~~inspectors providing significant contribution to the~~

13 ~~development and reporting of a home inspection must be~~

14 ~~disclosed in the home inspection report.~~It is a violation

15 of this Act for a home inspector to sign a home inspection

16 report knowing that the names of all such persons have ~~a~~

17 ~~person providing a significant contribution to the report~~

18 ~~has~~ not been disclosed in the home inspection report.

19 (18) Advising a client as to whether the client should

20 or should not engage in a transaction regarding the

21 residential real property that is the subject of the home

22 inspection.

23 (19) Performing a home inspection in a manner that

24 damages or alters the residential real property that is

25 the subject of the home inspection without the consent of

26 the owner.

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1 (20) Performing a home inspection when the home

2 inspector is providing or may also provide other services

3 in connection with the residential real property or

4 transaction, or has an interest in the residential real

5 property, without providing prior written notice of the

6 potential or actual conflict and obtaining the prior

7 consent of the client as provided by rule.

8 (21) Aiding or assisting another person in violating

9 any provision of this Act or rules adopted under this Act.

10 (22) Inability to practice with reasonable judgment,

11 skill, or safety as a result of habitual or excessive use

12 or addiction to alcohol, narcotics, stimulants, or any

13 other chemical agent or drug.

14 (23) A finding by the Department that the licensee,

15 after having the ~~his or her~~ license placed on probationary

16 status, has violated the terms of probation.

17 (24) Willfully making or filing false records or

18 reports related to the ~~in his or her~~ practice of home

19 inspection, including, but not limited to, false records

20 filed with State agencies or departments.

21 (25) Charging for professional services not rendered,

22 including filing false statements for the collection of

23 fees for which services are not rendered.

24 (26) Practicing under a false or, except as provided

25 by law, an assumed name.

26 (27) Cheating on or attempting to subvert the

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1 licensing examination administered under this Act.

2 (28) Engaging in any of the following prohibited

3 fraudulent, false, deceptive, or misleading advertising

4 practices:

5 (i) advertising as a home inspector or operating a

6 home inspection business entity unless there is a duly

7 licensed home inspector responsible for all inspection

8 activities and all inspections;

9 (ii) advertising that contains a misrepresentation

10 of facts or false statements regarding the licensee's

11 professional achievements, degrees, training, skills,

12 or qualifications in the home inspection profession or

13 any other profession requiring licensure;

14 (iii) advertising that makes only a partial

15 disclosure of relevant facts related to pricing or

16 home inspection services; and

17 (iv) advertising that claims this State or any of

18 its political subdivisions endorse the home inspection

19 report or its contents.

20 (29) Disclosing, except as otherwise required by law,

21 inspection results or client information obtained without

22 the client's written consent. A home inspector shall not

23 deliver a home inspection report to any person other than

24 the client of the home inspector without the client's

25 written consent.

26 (30) Providing fees, gifts, waivers of liability, or

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1 other forms of compensation or gratuities to persons

2 licensed under any real estate professional licensing act

3 in this State as consideration or inducement for the

4 referral of business.

5 (b) The Department may suspend, revoke, or refuse to issue

6 or renew an education provider's license, may reprimand, place

7 on probation, or otherwise discipline an education provider

8 licensee, and may suspend or revoke the course approval of any

9 course offered by an education provider, for any of the

10 following:

11 (1) Procuring or attempting to procure licensure by

12 knowingly making a false statement, submitting false

13 information, making any form of fraud or

14 misrepresentation, or refusing to provide complete

15 information in response to a question in an application

16 for licensure.

17 (2) Failing to comply with the covenants certified to

18 on the application for licensure as an education provider.

19 (3) Committing an act or omission involving

20 dishonesty, fraud, or misrepresentation or allowing any

21 such act or omission by any employee or contractor under

22 the control of the education provider.

23 (4) Engaging in misleading or untruthful advertising.

24 (5) Failing to retain competent instructors in

25 accordance with rules adopted under this Act.

26 (6) Failing to meet the topic or time requirements for

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1 course approval as the provider of a pre-license

2 curriculum course or a continuing education course.

3 (7) Failing to administer an approved course using the

4 course materials, syllabus, and examinations submitted as

5 the basis of the course approval.

6 (8) Failing to provide an appropriate classroom

7 environment for presentation of courses, with

8 consideration for student comfort, acoustics, lighting,

9 seating, workspace, and visual aid material.

10 (9) Failing to maintain student records in compliance

11 with the rules adopted under this Act.

12 (10) Failing to provide a certificate, transcript, or

13 other student record to the Department or to a student as

14 may be required by rule.

15 (11) Failing to fully cooperate with a Department

16 investigation by knowingly making a false statement,

17 submitting false or misleading information, or refusing to

18 provide complete information in response to written

19 interrogatories or a written request for documentation

20 within 30 days of the request.

21 (c) (Blank). ~~In appropriate cases, the Department may~~

22 ~~resolve a complaint against a licensee through the issuance of~~

23 ~~a Consent to Administrative Supervision order. A licensee~~

24 ~~subject to a Consent to Administrative Supervision order shall~~

25 ~~be considered by the Department as an active licensee in good~~

26 ~~standing. This order shall not be reported as or considered by~~

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1 ~~the Department to be a discipline of the licensee. The records~~

2 ~~regarding an investigation and a Consent to Administrative~~

3 ~~Supervision order shall be considered confidential and shall~~

4 ~~not be released by the Department except as mandated by law.~~

5 ~~The complainant shall be notified that his or her complaint~~

6 ~~has been resolved by a Consent to Administrative Supervision~~

7 ~~order.~~

8 (d) The Department may refuse to issue or may suspend

9 without hearing, as provided for in the Code of Civil

10 Procedure, the license of any person who fails to file a tax

11 return, to pay the tax, penalty, or interest shown in a filed

12 tax return, or to pay any final assessment of tax, penalty, or

13 interest, as required by any tax Act administered by the

14 Illinois Department of Revenue, until such time as the

15 requirements of the tax Act are satisfied in accordance with

16 subsection (g) of Section 2105-15 of the Civil Administrative

17 Code of Illinois.

18 (e) (Blank).

19 (f) In cases where the Department of Healthcare and Family

20 Services has previously determined that a licensee or a

21 potential licensee is more than 30 days delinquent in the

22 payment of child support and has subsequently certified the

23 delinquency to the Department, the Department may refuse to

24 issue or renew or may revoke or suspend that person's license

25 or may take other disciplinary action against that person

26 based solely upon the certification of delinquency made by the

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1 Department of Healthcare and Family Services in accordance

2 with item (5) of subsection (a) of Section 2105-15 of the Civil

3 Administrative Code of Illinois.

4 (g) The determination by a circuit court that a licensee

5 is subject to involuntary admission or judicial admission, as

6 provided in the Mental Health and Developmental Disabilities

7 Code, operates as an automatic suspension. The suspension will

8 end only upon a finding by a court that the patient is no

9 longer subject to involuntary admission or judicial admission

10 and the issuance of a court order so finding and discharging

11 the patient.

12 (h) (Blank). ~~In enforcing this Act, the Department, upon a~~

13 ~~showing of a possible violation, may compel an individual~~

14 ~~licensed to practice under this Act, or who has applied for~~

15 ~~licensure under this Act, to submit to a mental or physical~~

16 ~~examination, or both, as required by and at the expense of the~~

17 ~~Department. The Department may order the examining physician~~

18 ~~to present testimony concerning the mental or physical~~

19 ~~examination of the licensee or applicant. No information shall~~

20 ~~be excluded by reason of any common law or statutory privilege~~

21 ~~relating to communications between the licensee or applicant~~

22 ~~and the examining physician. The examining physician shall be~~

23 ~~specifically designated by the Department. The individual to~~

24 ~~be examined may have, at his or her own expense, another~~

25 ~~physician of his or her choice present during all aspects of~~

26 ~~this examination. The examination shall be performed by a~~

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1 ~~physician licensed to practice medicine in all its branches.~~

2 ~~Failure of an individual to submit to a mental or physical~~

3 ~~examination, when directed, shall result in an automatic~~

4 ~~suspension without hearing.~~

5 ~~A person holding a license under this Act or who has~~

6 ~~applied for a license under this Act, who, because of a~~

7 ~~physical or mental illness or disability, including, but not~~

8 ~~limited to, deterioration through the aging process or loss of~~

9 ~~motor skill, is unable to practice the profession with~~

10 ~~reasonable judgment, skill, or safety, may be required by the~~

11 ~~Department to submit to care, counseling, or treatment by~~

12 ~~physicians approved or designated by the Department as a~~

13 ~~condition, term, or restriction for continued, reinstated, or~~

14 ~~renewed licensure to practice. Submission to care, counseling,~~

15 ~~or treatment as required by the Department shall not be~~

16 ~~considered discipline of a license. If the licensee refuses to~~

17 ~~enter into a care, counseling, or treatment agreement or fails~~

18 ~~to abide by the terms of the agreement, the Department may file~~

19 ~~a complaint to revoke, suspend, or otherwise discipline the~~

20 ~~license of the individual. The Secretary may order the license~~

21 ~~suspended immediately, pending a hearing by the Department.~~

22 ~~Fines shall not be assessed in disciplinary actions involving~~

23 ~~physical or mental illness or impairment.~~

24 ~~In instances in which the Secretary immediately suspends a~~

25 ~~person's license under this Section, a hearing on that~~

26 ~~person's license must be convened by the Department within 15~~

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1 ~~days after the suspension and completed without appreciable~~

2 ~~delay. The Department shall have the authority to review the~~

3 ~~subject individual's record of treatment and counseling~~

4 ~~regarding the impairment to the extent permitted by applicable~~

5 ~~federal statutes and regulations safeguarding the~~

6 ~~confidentiality of medical records.~~

7 ~~An individual licensed under this Act and affected under~~

8 ~~this Section shall be afforded an opportunity to demonstrate~~

9 ~~to the Department that he or she can resume practice in~~

10 ~~compliance with acceptable and prevailing standards under the~~

11 ~~provisions of his or her license.~~

12 (Source: P.A. 100-872, eff. 8-14-18.)

13 (225 ILCS 441/15-10.1 new)

14 Sec. 15-10.1. Citations.

15 (a) The Department may adopt rules to permit the issuance

16 of citations to any licensee for failure to comply with the

17 continuing education requirements set forth in this Act or as

18 established by rule. The citation shall be issued to the

19 licensee and shall contain the licensee's name, the licensee's

20 address, the licensee's license number, the number of required

21 hours of continuing education that have not been successfully

22 completed by the licensee within the renewal period, and the

23 penalty imposed, which shall not exceed $2,000. The issuance

24 of a citation shall not excuse the licensee from completing

25 all continuing education required for that renewal period.

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1 (b) Service of a citation shall be made in person,

2 electronically, or by mail to the licensee at the licensee's

3 address of record or email address of record, and the citation

4 must clearly state that if the cited licensee wishes to

5 dispute the citation, the cited licensee may make a written

6 request, within 30 days after the citation is served, for a

7 hearing before the Department. If the cited licensee does not

8 request a hearing within 30 days after the citation is served,

9 then the citation shall become a final, non-disciplinary

10 order, and any fine imposed is due and payable within 60 days

11 after that final order. If the cited licensee requests a

12 hearing within 30 days after the citation is served, the

13 Department shall afford the cited licensee a hearing conducted

14 in the same manner as a hearing provided for in this Act for

15 any violation of this Act and shall determine whether the

16 cited licensee committed the violation as charged and whether

17 the fine as levied is warranted. If the violation is found, any

18 fine shall constitute non-public discipline and be due and

19 payable within 30 days after the order of the Secretary, which

20 shall constitute a final order of the Department. No change in

21 license status may be made by the Department until a final

22 order of the Department has been issued.

23 (c) Payment of a fine that has been assessed pursuant to

24 this Section shall not constitute disciplinary action

25 reportable on the Department's website or elsewhere unless a

26 licensee has previously received 2 or more citations and been

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1 assessed 2 or more fines.

2 (d) Nothing in this Section shall prohibit or limit the

3 Department from taking further action pursuant to this Act and

4 rules for additional, repeated, or continuing violations.

5 (225 ILCS 441/15-15)

6 (Section scheduled to be repealed on January 1, 2022)

7 Sec. 15-15. Investigation; notice; hearing. The Department

8 may investigate the actions of any applicant or licensee or of

9 any person or persons rendering or offering to render home

10 inspection services or any person holding or claiming to hold

11 a license as a home inspector. The Department shall, before

12 refusing to issue or renew a license or to discipline a

13 licensee pursuant to Section 15-10, at least 30 days prior to

14 the date set for the hearing, (i) notify the accused in

15 writing, of the charges made and the time and place for the

16 hearing on the charges, (ii) direct the licensee or applicant

17 ~~him or her~~ to file a written answer with the Department under

18 oath within 20 days after the service of the notice, and (iii)

19 inform the applicant or licensee that failure to file an

20 answer will result in a default judgment being entered against

21 the applicant or licensee. At the time and place fixed in the

22 notice, the Department shall proceed to hear the charges and

23 the parties of their counsel shall be accorded ample

24 opportunity to present any pertinent statements, testimony,

25 evidence, and arguments. The Department may continue the

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1 hearing from time to time. In case the person, after receiving

2 the notice, fails to file an answer, the ~~his or her~~ license,

3 may, in the discretion of the Department, be revoked,

4 suspended, placed on probationary status, or the Department

5 may take whatever disciplinary actions considered proper,

6 including limiting the scope, nature, or extent of the

7 person's practice or the imposition of a fine, without a

8 hearing, if the act or acts charged constitute sufficient

9 grounds for that action under the Act. The notice may be served

10 by personal delivery, by mail, or, at the discretion of the

11 Department, by electronic means to the address of record or

12 email address of record specified by the accused as last

13 updated with the Department. ~~The written notice may be served~~

14 ~~by personal delivery or by certified mail to the accused's~~

15 ~~address of record.~~

16 A copy of the hearing officer's report or any Order of

17 Default, along with a copy of the original complaint giving

18 rise to the action, shall be served upon the applicant,

19 licensee, or unlicensed person by the Department to the

20 applicant, licensee, or unlicensed individual in the manner

21 provided in this Act for the service of a notice of hearing.

22 Within 20 days after service, the applicant or licensee may

23 present to the Department a motion in writing for a rehearing,

24 which shall specify the particular grounds for rehearing. The

25 Department may respond to the motion, or if a motion for

26 rehearing is denied, then upon denial, the Secretary may enter

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1 an order in accordance with the recommendations of the hearing

2 officer. If the applicant or licensee orders from the

3 reporting service and pays for a transcript of the record

4 within the time for filing a motion for rehearing, then the

5 20-day period during which a motion may be filed shall

6 commence upon the delivery of the transcript to the applicant

7 or licensee.

8 (Source: P.A. 97-226, eff. 7-28-11.)

9 (225 ILCS 441/15-20)

10 (Section scheduled to be repealed on January 1, 2022)

11 Sec. 15-20. Administrative Review Law; certification fees;

12 Illinois Administrative Procedure Act.

13 (a) All final administrative decisions of the Department

14 under this Act are subject to judicial review pursuant to the

15 provisions of the Administrative Review Law and the rules

16 adopted pursuant thereto. The term "administrative decision"

17 has the meaning ascribed to it in Section 3-101 of the

18 Administrative Review Law.

19 (b) The Department shall not be required to certify any

20 record to the court or file any answer in court or otherwise

21 appear in any court in a judicial review proceeding, unless

22 and until the Department has received from the plaintiff

23 payment of the costs of furnishing and certifying the record,

24 which costs shall be determined by the Department. Exhibits

25 shall be certified without cost. Failure on the part of the

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1 plaintiff to file a receipt in court is grounds for dismissal

2 of the action.

3 (c) The Illinois Administrative Procedure Act is hereby

4 expressly adopted and incorporated herein. In the event of a

5 conflict between this Act and the Illinois Administrative

6 Procedure Act, this Act shall control.

7 (d) Proceedings for judicial review shall be commenced in

8 the circuit court of the county in which the party applying for

9 review resides, but if the party is not a resident of Illinois,

10 the venue shall be in Sangamon County or Cook County.

11 (Source: P.A. 97-226, eff. 7-28-11.)

12 (225 ILCS 441/15-36 new)

13 Sec. 15-36. No private right of action. Except as

14 otherwise expressly provided for in this Act, nothing in this

15 Act shall be construed to grant to any person a private right

16 of action to enforce the provisions of this Act or the rules

17 adopted under this Act.

18 (225 ILCS 441/15-55)

19 (Section scheduled to be repealed on January 1, 2022)

20 Sec. 15-55. Returned checks and dishonored credit card

21 charges; penalty fee; revocation ~~termination~~. A person who(1)

22 delivers a check or other payment to the Department that is

23 returned to the Department unpaid by the financial institution

24 upon which it was drawn shall pay to the Department; or (2)

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1 presents a credit or debit card for payment that is invalid or

2 expired or against which charges by the Department are

3 declined or dishonored, in addition to the amount already

4 owed, a penalty fee of $50. The Department shall notify the

5 person~~, by certified mail return receipt requested,~~ that the

6 ~~his or her~~check or payment was returnedor that the credit

7 card charge was dishonoredand that the person shall pay to the

8 Department by certified check or money order the amount of the

9 returned check plus a $50 penalty fee within 30 calendar days

10 after the date of the notification. If, after the expiration

11 of 30 calendar days of the notification, the person has failed

12 to remit the necessary funds and penalty, the Department shall

13 automatically revoke ~~terminate~~ the license or deny the

14 application without hearing. If the returned check or other

15 payment was for issuance of a license under this Act and that

16 person practices as a home inspector, that person may be

17 subject to discipline for unlicensed practice as provided in

18 this Act. If, afterrevocation ~~termination~~ or denial, the

19 person seeks a license, the applicant or licensee ~~he or she~~

20 shall petition the Department for restorationor issuance of

21 the license and ~~he or she~~ may be subject to additional

22 discipline or fines. The Secretary may waive the penalties or

23 fines due under this Section in individual cases where the

24 Secretary finds that the penalties or fines would be

25 unreasonable or unnecessarily burdensome.

26 (Source: P.A. 97-226, eff. 7-28-11.)

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1 (225 ILCS 441/15-60)

2 (Section scheduled to be repealed on January 1, 2022)

3 Sec. 15-60. Violations; injunction; cease and desist

4 orders.

5 (a) If any person violates a provision of this Act, the

6 Secretary may, in the name of the People of the State of

7 Illinois, through the Attorney General of the State of

8 Illinois or the State's Attorney in the county in which the

9 offense occurs, petition for an order enjoining the violation

10 or for an order enforcing compliance with this Act. Upon the

11 filing of a verified petition in court, the court may issue a

12 temporary restraining order, without notice or bond, and may

13 preliminarily and permanently enjoin the violation. If it is

14 established that the person has violated or is violating the

15 injunction, the court may punish the offender for contempt of

16 court. Proceedings under this Section shall be in addition to,

17 and not in lieu of, all other remedies and penalties provided

18 by this Act.

19 (b) If any person practices as a home inspector or holds

20 oneself ~~himself or herself~~ out as a home inspector without

21 being licensed under the provisions of this Act, then the

22 Secretary, any licensed home inspector, any interested party,

23 or any person injured thereby may petition for relief as

24 provided in subsection (a) of this Section or may apply to the

25 circuit court of the county in which the violation or some part

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1 thereof occurred, or in which the person complained of resides

2 or has a ~~his or her~~ principal place of business ~~or resides~~, to

3 prevent the violation. The court has jurisdiction to enforce

4 obedience by injunction or by other process restricting the

5 person complained of from further violation and may enjoin

6 ~~enjoining~~ upon the person ~~him or her~~ obedience.

7 (c) Whoever knowingly practices or offers to practice home

8 inspection in this State without a license for that purpose

9 shall be guilty of a Class A misdemeanor for the first offense

10 and shall be guilty of a Class 4 felony for the second and any

11 subsequent offense.

12 (d) Whenever, in the opinion of the Department, a person

13 violates any provision of this Act, the Department may issue a

14 rule to show cause why an order to cease and desist should not

15 be entered against that person. The rule shall clearly set

16 forth the grounds relied upon by the Department and shall

17 provide a period of 7 days from the date of the rule to file an

18 answer to the satisfaction of the Department. Failure to

19 answer to the satisfaction of the Department shall cause an

20 order to cease and desist to be issued.

21 (Source: P.A. 97-226, eff. 7-28-11.)

22 (225 ILCS 441/20-5)

23 (Section scheduled to be repealed on January 1, 2022)

24 Sec. 20-5. Education provider.

25 (a) Only education providers licensed by the Department

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1 may provide the pre-license and continuing education courses

2 required for licensure under this Act.

3 (b) A person or entity seeking to be licensed as an

4 education provider under this Act shall provide satisfactory

5 evidence of the following:

6 (1) a sound financial base for establishing,

7 promoting, and delivering the necessary courses;

8 (2) a sufficient number of qualified instructors;

9 (3) adequate support personnel to assist with

10 administrative matters and technical assistance;

11 (4) a written policy dealing with procedures for

12 management of grievances and fee refunds;

13 (5) a qualified school administrator, who is

14 responsible for the administration of the school, courses,

15 and the actions of the instructors; and

16 (6) any other requirements provided by rule.

17 (c) All applicants for an education provider's license

18 shall make initial application to the Departmentin a manner

19 prescribed ~~on forms provided~~ by the Department and pay the

20 appropriate fee as provided by rule. In addition to any other

21 information required to be contained in the application as

22 prescribed by rule, every application for an original or

23 renewed license shall include the applicant's tax

24 identification number.The term, expiration date, and renewal

25 of an education provider's license shall be established by

26 rule.

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1 (d) An education provider shall provide each successful

2 course participant with a certificate of completion signed by

3 the school administrator. The format and content of the

4 certificate shall be specified by rule.

5 (e) All education providers shall provide to the

6 Department a monthly roster of all successful course

7 participants as provided by rule.

8 (Source: P.A. 97-226, eff. 7-28-11.)

9 (225 ILCS 441/25-15)

10 (Section scheduled to be repealed on January 1, 2022)

11 Sec. 25-15. Liaison; duties. The Secretary shall appoint

12 an employee of the Department to:

13 (1) (blank);

14 (2) be the direct liaison between the Department, ~~peer~~

15 ~~review advisors,~~the profession, home inspectors, and

16 related industry organizations and associations; and

17 (3) prepare and circulate to licensees such

18 educational and informational material as the Department

19 deems necessary for providing guidance or assistance to

20 licensees.

21 (Source: P.A. 97-226, eff. 7-28-11.)

22 (225 ILCS 441/25-27)

23 (Section scheduled to be repealed on January 1, 2022)

24 Sec. 25-27. Subpoenas; depositions; oaths.

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1 (a) The Department may subpoena and bring before it any

2 person to take oral or written testimony or compel the

3 production of any books, papers, records, or any other

4 documents the Secretary or the Secretary's ~~his or her~~ designee

5 deems relevant or material to any investigation or hearing

6 conducted by the Department with the same fees and in the same

7 manner as prescribed in civil cases in the courts of this

8 State.

9 (b) Any circuit court, upon the application of the

10 licensee or the Department, may order the attendance and

11 testimony of witnesses and the production of relevant

12 documents, files, records, books, and papers in connection

13 with any hearing or investigation. The circuit court may

14 compel obedience to its order by proceedings for contempt.

15 (c) The Secretary, the hearing officer, any member of the

16 Board, or a certified shorthand court reporter may administer

17 oaths at any hearing the Department conducts. Notwithstanding

18 any other statute or Department rule to the contrary, all

19 requests for testimony, production of documents, or records

20 shall be in accordance with this Act.

21 (Source: P.A. 97-226, eff. 7-28-11.)

22 (225 ILCS 441/25-17 rep.)

23 Section 75. The Home Inspector License Act is amended by

24 repealing Section 25-17.

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1 Section 80. The Real Estate Appraiser Licensing Act of

2 2002 is amended by changing Sections 1-10, 5-5, 5-10, 5-15,

3 5-20, 5-20.5, 5-22, 5-25, 5-30, 5-35, 10-5, 10-10, 15-5,

4 15-10, 15-15, 15-55, 20-5, 20-10, 25-10, 25-15, 25-16, 25-20,

5 25-25, and 30-5 and by adding Sections 1-12, 5-26, 15-10.1,

6 15-11, and 25-35 as follows:

7 (225 ILCS 458/1-10)

8 (Section scheduled to be repealed on January 1, 2022)

9 Sec. 1-10. Definitions. As used in this Act, unless the

10 context otherwise requires:

11 "Accredited college or university, junior college, or

12 community college" means a college or university, junior

13 college, or community college that is approved or accredited

14 by the Board of Higher Education, a regional or national

15 accreditation association, or by an accrediting agency that is

16 recognized by the U.S. Secretary of Education.

17 "Address of record" means the designated street address,

18 which may not be a post office box, recorded by the Department

19 in the applicant's or licensee's application file or license

20 file as maintained by the ~~Department's licensure maintenance~~

21 ~~unit. It is the duty of the applicant or licensee to inform the~~

22 ~~Department of any change of address and those changes must be~~

23 ~~made either through the Department's website or by contacting~~

24 ~~the~~ Department.

25 "Applicant" means person who applies to the Department for

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1 a license under this Act.

2 "Appraisal" means (noun) the act or process of developing

3 an opinion of value; an opinion of value (adjective) of or

4 pertaining to appraising and related functions, such as

5 appraisal practice or appraisal services.

6 "Appraisal assignment" means a valuation service provided

7 pursuant to ~~as a consequence of~~ an agreement between an

8 appraiser and a client.

9 ~~"Appraisal consulting" means the act or process of~~

10 ~~developing an analysis, recommendation, or opinion to solve a~~

11 ~~problem, where an opinion of value is a component of the~~

12 ~~analysis leading to the assignment results.~~

13 "Appraisal firm" means an appraisal entity that is 100%

14 owned and controlled by a person or persons licensed in

15 Illinois as a certified general real estate appraiser or a

16 certified residential real estate appraiser. "Appraisal firm"

17 does not include an appraisal management company.

18 "Appraisal management company" means any corporation,

19 limited liability company, partnership, sole proprietorship,

20 subsidiary, unit, or other business entity that directly or

21 indirectly: (1) provides appraisal management services to

22 creditors or secondary mortgage market participants, including

23 affiliates; (2) provides appraisal management services in

24 connection with valuing the consumer's principal dwelling as

25 security for a consumer credit transaction (including consumer

26 credit transactions incorporated into securitizations); and

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1 (3) ~~within a given year, oversees an appraiser panel of any~~

2 ~~size of State-certified appraisers in Illinois; and (4)~~ any

3 appraisal management company that, within a given 12-month

4 period ~~year~~, oversees an appraiser panel of 16 or more

5 State-certified appraisers in Illinois or 25 or more

6 State-certified or State-licensed appraisers in 2 or more

7 jurisdictions ~~shall be subject to the appraisal management~~

8 ~~company national registry fee in addition to the appraiser~~

9 ~~panel fee~~. "Appraisal management company" includes a hybrid

10 entity.

11 "Appraisal practice" means valuation services performed by

12 an individual acting as an appraiser, including, but not

13 limited to, appraisal or ~~,~~ appraisal review~~, or appraisal~~

14 ~~consulting~~.

15 "Appraisal report" means any communication, written or

16 oral, of an appraisal or appraisal review that is transmitted

17 to a client upon completion of an assignment.

18 "Appraisal review" means the act or process of developing

19 and communicating an opinion about the quality of another

20 appraiser's work that was performed as part of an appraisal,

21 appraisal review, or appraisal assignment.

22 "Appraisal Subcommittee" means the Appraisal Subcommittee

23 of the Federal Financial Institutions Examination Council as

24 established by Title XI.

25 "Appraiser" means a person who performs real estate or

26 real property appraisalscompetently and in a manner that is

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1 independent, impartial, and objective.

2 "Appraiser panel" means a network, list, or roster of

3 licensed or certified appraisers approved by the appraisal

4 management company or by the end-user client to perform

5 appraisals as independent contractors for the appraisal

6 management company. "Appraiser panel" includes both appraisers

7 accepted by an appraisal management company for consideration

8 for future appraisal assignments and appraisers engaged by an

9 appraisal management company to perform one or more

10 appraisals. For the purposes of determining the size of an

11 appraiser panel, only independent contractors of hybrid

12 entities shall be counted towards the appraiser panel.

13 "AQB" means the Appraisal Qualifications Board of the

14 Appraisal Foundation.

15 "Associate real estate trainee appraiser" means an

16 entry-level appraiser who holds a license of this

17 classification under this Act with restrictions as to the

18 scope of practice in accordance with this Act.

19 "Automated valuation model" means an automated system that

20 is used to derive a property value through the use of available

21 property records and various analytic methodologies such as

22 comparable sales prices, home characteristics, and price

23 changes.

24 "Board" means the Real Estate Appraisal Administration and

25 Disciplinary Board.

26 "Broker price opinion" means an estimate or analysis of

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1 the probable selling price of a particular interest in real

2 estate, which may provide a varying level of detail about the

3 property's condition, market, and neighborhood and information

4 on comparable sales. The activities of a real estate broker or

5 managing broker engaging in the ordinary course of business as

6 a broker, as defined in this Section, shall not be considered a

7 broker price opinion if no compensation is paid to the broker

8 or managing broker, other than compensation based upon the

9 sale or rental of real estate.

10 "Classroom hour" means 50 minutes of instruction out of

11 each 60 minute segment of coursework.

12 "Client" means the party or parties who engage an

13 appraiser by employment or contract in a specific appraisal

14 assignment.

15 "Comparative market analysis" is an analysis or opinion

16 regarding pricing, marketing, or financial aspects relating to

17 a specified interest or interests in real estate that may be

18 based upon an analysis of comparative market data, the

19 expertise of the real estate broker or managing broker, and

20 such other factors as the broker or managing broker may deem

21 appropriate in developing or preparing such analysis or

22 opinion. The activities of a real estate broker or managing

23 broker engaging in the ordinary course of business as a

24 broker, as defined in this Section, shall not be considered a

25 comparative market analysis if no compensation is paid to the

26 broker or managing broker, other than compensation based upon

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1 the sale or rental of real estate.

2 "Coordinator" means the ~~Coordinator of~~ Real Estate

3 Appraisal Coordinator created in Section 25-15 ~~of the Division~~

4 ~~of Professional Regulation of the Department of Financial and~~

5 ~~Professional Regulation~~.

6 "Department" means the Department of Financial and

7 Professional Regulation.

8 "Email address of record" means the designated email

9 address recorded by the Department in the applicant's

10 application file or the licensee's license file maintained by

11 the Department.

12 "Evaluation" means a valuation permitted by the appraisal

13 regulations of the Federal Financial Institutions Examination

14 Council and its federal agencies for transactions that qualify

15 for the appraisal threshold exemption, business loan

16 exemption, or subsequent transaction exemption.

17 "Federal financial institutions regulatory agencies" means

18 the Board of Governors of the Federal Reserve System, the

19 Federal Deposit Insurance Corporation, the Office of the

20 Comptroller of the Currency, the Consumer Financial Protection

21 Bureau, and the National Credit Union Administration.

22 "Federally related transaction" means any real

23 estate-related financial transaction in which a federal

24 financial institutions regulatory agency engages in, contracts

25 for, or regulates and requires the services of an appraiser.

26 "Financial institution" means any bank, savings bank,

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1 savings and loan association, credit union, mortgage broker,

2 mortgage banker, licensee under the Consumer Installment Loan

3 Act or the Sales Finance Agency Act, or a corporate fiduciary,

4 subsidiary, affiliate, parent company, or holding company of

5 any such licensee, or any institution involved in real estate

6 financing that is regulated by state or federal law.

7 "Hybrid entity" means an appraisal management company that

8 hires an appraiser as an employee to perform an appraisal and

9 engages an independent contractor to perform an appraisal.

10 "License" means the privilege conferred by the Department

11 to a person that has fulfilled all requirements prerequisite

12 to any type of licensure under this Act.

13 "Licensee" means any person, as defined in this Section,

14 who holds a valid unexpired license.

15 "Multi-state licensing system" means a web-based platform

16 that allows an applicant to submit the ~~his or her~~ application

17 or license renewal application to the Department online.

18 "Person" means an individual, entity, sole proprietorship,

19 corporation, limited liability company, partnership, and joint

20 venture, foreign or domestic, except that when the context

21 otherwise requires, the term may refer to more than one

22 individual or other described entity.

23 "Real estate" means an identified parcel or tract of land,

24 including any improvements.

25 "Real estate related financial transaction" means any

26 transaction involving:

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1 (1) the sale, lease, purchase, investment in, or

2 exchange of real property, including interests in property

3 or the financing thereof;

4 (2) the refinancing of real property or interests in

5 real property; and

6 (3) the use of real property or interest in property

7 as security for a loan or investment, including mortgage

8 backed securities.

9 "Real property" means the interests, benefits, and rights

10 inherent in the ownership of real estate.

11 "Secretary" means the Secretary of Financial and

12 Professional Regulation or the Secretary's designee.

13 "State certified general real estate appraiser" means an

14 appraiser who holds a license of this classification under

15 this Act and such classification applies to the appraisal of

16 all types of real property without restrictions as to the

17 scope of practice.

18 "State certified residential real estate appraiser" means

19 an appraiser who holds a license of this classification under

20 this Act and such classification applies to the appraisal of

21 one to 4 units of residential real property without regard to

22 transaction value or complexity, but with restrictions as to

23 the scope of practice in a federally related transaction in

24 accordance with Title XI, the provisions of USPAP, criteria

25 established by the AQB, and further defined by rule.

26 "Supervising appraiser" means either (i) an appraiser who

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1 holds a valid license under this Act as either a State

2 certified general real estate appraiser or a State certified

3 residential real estate appraiser, who co-signs an appraisal

4 report for an associate real estate trainee appraiser or (ii)

5 a State certified general real estate appraiser who holds a

6 valid license under this Act who co-signs an appraisal report

7 for a State certified residential real estate appraiser on

8 properties other than one to 4 units of residential real

9 property without regard to transaction value or complexity.

10 "Title XI" means Title XI of the federal Financial

11 Institutions Reform, Recovery and Enforcement Act of 1989.

12 "USPAP" means the Uniform Standards of Professional

13 Appraisal Practice as promulgated by the Appraisal Standards

14 Board pursuant to Title XI and by rule.

15 "Valuation services" means services pertaining to aspects

16 of property value.

17 (Source: P.A. 100-604, eff. 7-13-18.)

18 (225 ILCS 458/1-12 new)

19 Sec. 1-12. Address of record; email address of record. All

20 applicants and licensees shall:

21 (1) provide a valid address and email address to the

22 Department, which shall serve as the address of record and

23 email address of record, respectively, at the time of

24 application for licensure or renewal of a license; and

25 (2) inform the Department of any change of address of

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1 record or email address of record within 14 days after

2 such change through the Department's website.

3 (225 ILCS 458/5-5)

4 (Section scheduled to be repealed on January 1, 2022)

5 Sec. 5-5. Necessity of license; use of title; exemptions.

6 (a) It is unlawful for a person to (i) act, offer services,

7 or advertise services as a State certified general real estate

8 appraiser, State certified residential real estate appraiser,

9 or associate real estate trainee appraiser, (ii) develop a

10 real estate appraisal, (iii) practice as a real estate

11 appraiser, or (iv) advertiseas ~~or hold himself or herself out~~

12 ~~to be~~a real estate appraiser without a license issued under

13 this Act. A person who violates this subsection is guilty of a

14 Class A misdemeanor for a first offense and a Class 4 felony

15 for any subsequent offense.

16 (a-5) It is unlawful for a person, unless registered as an

17 appraisal management company, to solicit clients or enter into

18 an appraisal engagement with clients without either a

19 certified residential real estate appraiser license or a

20 certified general real estate appraiser license issued under

21 this Act. A person who violates this subsection is guilty of a

22 Class A misdemeanor for a first offense and a Class 4 felony

23 for any subsequent offense.

24 (b) It is unlawful for a person, other than a person who

25 holds a valid license issued pursuant to this Act as a State

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1 certified general real estate appraiser, a State certified

2 residential real estate appraiser, or an associate real estate

3 trainee appraiser to use these titles or any other title,

4 designation, or abbreviation likely to create the impression

5 that the person is licensed as a real estate appraiser

6 pursuant to this Act. A person who violates this subsection is

7 guilty of a Class A misdemeanor for a first offense and a Class

8 4 felony for any subsequent offense.

9 (c) This Act does not apply to a person who holds a valid

10 license as a real estate broker or managing broker pursuant to

11 the Real Estate License Act of 2000 who prepares or provides a

12 broker price opinion or comparative market analysis in

13 compliance with Section 10-45 of the Real Estate License Act

14 of 2000.

15 (d) Nothing in this Act shall preclude a State certified

16 general real estate appraiser, a State certified residential

17 real estate appraiser, or an associate real estate trainee

18 appraiser from rendering appraisals for or on behalf of a

19 partnership, association, corporation, firm, or group.

20 However, no State appraisal license or certification shall be

21 issued under this Act to a partnership, association,

22 corporation, firm, or group.

23 (e) This Act does not apply to a county assessor, township

24 assessor, multi-township assessor, county supervisor of

25 assessments, or any deputy or employee of any county assessor,

26 township assessor, multi-township assessor, or county

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1 supervisor of assessments in performance of ~~who is performing~~

2 ~~his or her~~ respective duties in accordance with the provisions

3 of the Property Tax Code.

4 (e-5) For the purposes of this Act, valuation waivers may

5 be prepared by a licensed appraiser notwithstanding any other

6 provision of this Act, and the following types of valuations

7 are not appraisals and may not be represented to be

8 appraisals, and a license is not required under this Act to

9 perform such valuations if the valuations are performed by (1)

10 an employee of the Illinois Department of Transportation who

11 has completed a minimum of 45 hours of course work in real

12 estate appraisal, including the principles ~~principals~~ of real

13 estate appraisals, appraisal of partial acquisitions, easement

14 valuation, reviewing appraisals in eminent domain, appraisal

15 for federal aid highway programs, and appraisal review for

16 federal aid highway programs and has at least 2 years'

17 experience in a field closely related to real estate; (2) a

18 county engineer who is a registered professional engineer

19 under the Professional Engineering Practice Act of 1989; (3)

20 an employee of a municipality who has (i) completed a minimum

21 of 45 hours of coursework in real estate appraisal, including

22 the principles ~~principals~~ of real estate appraisals, appraisal

23 of partial acquisitions, easement valuation, reviewing

24 appraisals in eminent domain, appraisal for federal aid

25 highway programs, and appraisal review for federal aid highway

26 programs and (ii) has either 2 years' experience in a field

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1 clearly related to real estate or has completed 20 hours of

2 additional coursework that is sufficient for a person to

3 complete waiver valuations as approved by the Federal Highway

4 Administration; or (4) a municipal engineer who has completed

5 coursework that is sufficient for ~~his or her~~ waiver valuations

6 to be approved by the Federal Highway Administration and who

7 is a registered professional engineer under the Professional

8 Engineering Act of 1989, under the following circumstances:

9 (A) a valuation waiver in an amount not to exceed

10 $20,000 ~~$10,000~~ prepared pursuant to the federal Uniform

11 Relocation Assistance and Real Property Acquisition

12 Policies Act of 1970, or prepared pursuant to the federal

13 Uniform Relocation Assistance and Real Property

14 Acquisition for Federal and Federally-Assisted Programs

15 regulations and which is performed by (1) an employee of

16 the Illinois Department of Transportation and co-signed,

17 with a license number affixed, by another employee of the

18 Illinois Department of Transportation who is a registered

19 professional engineer under the Professional Engineering

20 Practice Act of 1989 or (2) an employee of a municipality

21 and co-signed with a license number affixed by a county or

22 municipal engineer who is a registered professional

23 engineer under the Professional Engineering Practice Act

24 of 1989; and

25 (B) a valuation waiver in an amount not to exceed

26 $20,000 ~~$10,000~~ prepared pursuant to the federal Uniform

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1 Relocation Assistance and Real Property Acquisition

2 Policies Act of 1970, or prepared pursuant to the federal

3 Uniform Relocation Assistance and Real Property

4 Acquisition for Federal and Federally-Assisted Programs

5 regulations and which is performed by a county or

6 municipal engineer who is employed by a county or

7 municipality and is a registered professional engineer

8 under the Professional Engineering Practice Act of 1989.

9 The valuation shall include ~~In addition to his or her~~

10 ~~signature,~~ the county or municipal engineer's signature

11 and ~~engineer shall affix his or her~~ license number ~~to the~~

12 ~~valuation~~.

13 Nothing in this subsection (e-5) shall be construed to

14 allow the State of Illinois, a political subdivision thereof,

15 or any public body to acquire real estate by eminent domain in

16 any manner other than provided for in the Eminent Domain Act.

17 (f) A State real estate appraisal certification or license

18 is not required under this Act for any ~~of the following: (1) A~~

19 person, partnership, association, or corporation that performs

20 appraisals of property owned by that person, partnership,

21 association, or corporation for the sole use of that person,

22 partnership, association, or corporation.

23 ~~(2) A court-appointed commissioner who conducts an~~

24 ~~appraisal pursuant to a judicially ordered evaluation of~~

25 ~~property.~~

26 Any ~~However, any~~ person who is certified or licensed under

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1 this Act and who performs any of the activities set forth in

2 this subsection (f) must comply with the provisions of this

3 Act. A person who violates this subsection (f) is guilty of a

4 Class A misdemeanor for a first offense and a Class 4 felony

5 for any subsequent offense.

6 (g) This Act does not apply to an employee, officer,

7 director, or member of a credit or loan committee of a

8 financial institution or any other person engaged by a

9 financial institution when performing an evaluation of real

10 property for the sole use of the financial institution in a

11 transaction for which the financial institution would not be

12 required to use the services of a State licensed or State

13 certified appraiser pursuant to federal regulations adopted

14 under Title XI of the federal Financial Institutions Reform,

15 Recovery, and Enforcement Act of 1989~~, nor does this Act apply~~

16 ~~to the procurement of an automated valuation model~~.

17 (h) This Act does not apply to the procurement of an

18 automated valuation model.

19 ~~"Automated valuation model" means an automated system that~~

20 ~~is used to derive a property value through the use of publicly~~

21 ~~available property records and various analytic methodologies~~

22 ~~such as comparable sales prices, home characteristics, and~~

23 ~~historical home price appreciations.~~

24 (Source: P.A. 98-444, eff. 8-16-13; 98-933, eff. 1-1-15;

25 98-1109, eff. 1-1-15; 99-78, eff. 7-20-15.)

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1 (225 ILCS 458/5-10)

2 (Section scheduled to be repealed on January 1, 2022)

3 Sec. 5-10. Application for State certified general real

4 estate appraiser.

5 (a) Every person who desires to obtain a State certified

6 general real estate appraiser license shall:

7 (1) apply to the Department on forms provided by the

8 Department, or through a multi-state licensing system as

9 designated by the Secretary, accompanied by the required

10 fee;

11 (2) be at least 18 years of age;

12 (3) (blank);

13 (4) personally take and pass an examination authorized

14 by the Department and endorsed by the AQB;

15 (5) prior to taking the examination, provide evidence

16 to the Department, or through a multi-state licensing

17 system as designated by the Secretary, of successful

18 completion of ~~in Modular Course format, with each module~~

19 ~~conforming to the Required Core Curriculum established and~~

20 ~~adopted by the AQB, that he or she has successfully~~

21 ~~completed~~the prerequisite classroom hours of instruction

22 in appraising as established by the AQB and by rule;

23 evidence shall be in a Modular Course format with each

24 module conforming to the Required Core Curriculum

25 established and adopted by the AQB; and

26 (6) prior to taking the examination, provide evidence

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1 to the Department, or through a multi-state licensing

2 system as designated by the Secretary, of successful

3 completion of~~that he or she has successfully completed~~

4 the prerequisite experience and educational requirements

5 in appraising as established by AQB and by rule.

6 (b) Applicants must provide evidence to the Department, or

7 through a multi-state licensing system as designated by the

8 Secretary, of holding a Bachelor's degree or higher from an

9 accredited college or university.

10 (Source: P.A. 100-604, eff. 7-13-18.)

11 (225 ILCS 458/5-15)

12 (Section scheduled to be repealed on January 1, 2022)

13 Sec. 5-15. Application for State certified residential

14 real estate appraiser.Every person who desires to obtain a

15 State certified residential real estate appraiser license

16 shall:

17 (1) apply to the Department on forms provided by the

18 Department, or through a multi-state licensing system as

19 designated by the Secretary, accompanied by the required

20 fee;

21 (2) be at least 18 years of age;

22 (3) (blank);

23 (4) personally take and pass an examination authorized

24 by the Department and endorsed by the AQB;

25 (5) prior to taking the examination, provide evidence

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1 to the Department, or through a multi-state licensing

2 system as designated by the Secretary, of successful

3 completion of ~~in Modular Course format, with each module~~

4 ~~conforming to the Required Core Curriculum established and~~

5 ~~adopted by the AQB, that he or she has successfully~~

6 ~~completed~~the prerequisite classroom hours of instruction

7 in appraising as established by the AQB and by rule;

8 evidence shall be in a Modular Course format with each

9 module conforming to the Required Core Curriculum

10 established and adopted by the AQB; and

11 (6) prior to taking the examination, provide evidence

12 to the Department, or through a multi-state licensing

13 system as designated by the Secretary, of successful

14 completion of~~that he or she has successfully completed~~

15 the prerequisite experience and educational requirements

16 as established by AQB and by rule.

17 (Source: P.A. 100-201, eff. 8-18-17; 100-604, eff. 7-13-18.)

18 (225 ILCS 458/5-20)

19 (Section scheduled to be repealed on January 1, 2022)

20 Sec. 5-20. Application for associate real estate trainee

21 appraiser. Every person who desires to obtain an associate

22 real estate trainee appraiser license shall:

23 (1) apply to the Department on forms provided by the

24 Department, or through a multi-state licensing system as

25 designated by the Secretary, accompanied by the required

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1 fee;

2 (2) be at least 18 years of age;

3 (3) provide evidence of having attained a high school

4 diploma or completed an equivalent course of study as

5 determined by an examination conducted or accepted by the

6 Illinois State Board of Education;

7 (4) (blank); and

8 (5) provide evidence to the Department, or through a

9 multi-state licensing system as designated by the

10 Secretary, of successful completion of~~that he or she has~~

11 ~~successfully completed~~the prerequisite qualifying and any

12 conditional education requirements as established by rule.

13 (Source: P.A. 100-604, eff. 7-13-18; 100-832, eff. 1-1-19;

14 101-81, eff. 7-12-19.)

15 (225 ILCS 458/5-20.5)

16 (Section scheduled to be repealed on January 1, 2022)

17 Sec. 5-20.5. Duration of application. Applicants have 3

18 years from the date of application to complete the application

19 process. If the process has not been completed within 3 years,

20 the application shall expire ~~be denied~~, the fee shall be

21 forfeited, and the applicant must reapply and meet the

22 requirements in effect at the time of reapplication.

23 (Source: P.A. 96-844, eff. 12-23-09.)

24 (225 ILCS 458/5-22)

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1 (Section scheduled to be repealed on January 1, 2022)

2 Sec. 5-22. Criminal history records check.

3 (a) An application ~~Each applicant~~ for licensure by

4 examination or restoration shall include the applicant's ~~have~~

5 ~~his or her~~ fingerprints submitted to the Department of State

6 Police in an electronic format that complies with the form and

7 manner for requesting and furnishing criminal history record

8 information as prescribed by the Department of State Police.

9 These fingerprints shall be checked against the Department of

10 State Police and Federal Bureau of Investigation criminal

11 history record databases now and hereafter filed. The

12 Department of State Police shall charge applicants a fee for

13 conducting the criminal history records check, which shall be

14 deposited into the State Police Services Fund and shall not

15 exceed the actual cost of the records check. The Department of

16 State Police shall furnish, pursuant to positive

17 identification, records of Illinois convictions to the

18 Department. The Department may require applicants to pay a

19 separate fingerprinting fee, either to the Department or to a

20 vendor. The Department may adopt any rules necessary to

21 implement this Section.

22 (b) The Secretary may designate a multi-state licensing

23 system to perform the functions described in subsection (a).

24 The Department may require applicants to pay a separate

25 fingerprinting fee, either to the Department or to the

26 multi-state licensing system. The Department may adopt any

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1 rules necessary to implement this subsection.

2 (c) The Department shall not consider the following

3 criminal history records in connection with an application for

4 licensure:

5 (1) juvenile adjudications of delinquent minors as

6 defined in Section 5-105 of the Juvenile Court Act of 1987

7 subject to the restrictions set forth in Section 5-130 of

8 that Act;

9 (2) law enforcement records, court records, and

10 conviction records of an individual who was 17 years old

11 at the time of the offense and before January 1, 2014,

12 unless the nature of the offense required the individual

13 to be tried as an adult;

14 (3) records of arrest not followed by a charge or

15 conviction;

16 (4) records of arrest in which the charges were

17 dismissed unless related to the practice of the

18 profession; however, applicants shall not be asked to

19 report any arrests, and an arrest not followed by a

20 conviction shall not be the basis of a denial and may be

21 used only to assess an applicant's rehabilitation;

22 (5) convictions overturned by a higher court; or

23 (6) convictions or arrests that have been sealed or

24 expunged.

25 (d) If an applicant makes a false statement of material

26 fact on the application, the false statement may in itself be

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1 sufficient grounds to revoke or refuse to issue a license.

2 (e) An applicant or licensee shall report to the

3 Department, in a manner prescribed by the Department, upon

4 application and within 30 days after the occurrence, if during

5 the term of licensure, (i) any conviction of or plea of guilty

6 or nolo contendere to forgery, embezzlement, obtaining money

7 under false pretenses, larceny, extortion, conspiracy to

8 defraud, or any similar offense or offenses or any conviction

9 of a felony involving moral turpitude, (ii) the entry of an

10 administrative sanction by a government agency in this State

11 or any other jurisdiction that has as an essential element

12 dishonesty or fraud or involves larceny, embezzlement, or

13 obtaining money, property, or credit by false pretenses, or

14 (iii) a crime that subjects the licensee to compliance with

15 the requirements of the Sex Offender Registration Act.

16 (Source: P.A. 100-604, eff. 7-13-18.)

17 (225 ILCS 458/5-25)

18 (Section scheduled to be repealed on January 1, 2022)

19 Sec. 5-25. Renewal of license.

20 (a) The expiration date and renewal period for a State

21 certified general real estate appraiser license or a State

22 certified residential real estate appraiser license issued

23 under this Act shall be set by rule. Except as otherwise

24 provided in subsections (b) and (f) of this Section, the

25 holder of a license may renew the license within 90 days

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1 preceding the expiration date by:

2 (1) completing and submitting to the Department, or

3 through a multi-state licensing system as designated by

4 the Secretary, a renewal application form as provided by

5 the Department;

6 (2) paying the required fees; and

7 (3) providing evidence to the Department, or through a

8 multi-state licensing system as designated by the

9 Secretary, of successful completion of the continuing

10 education requirements through courses approved by the

11 Department from education providers licensed by the

12 Department, as established by the AQB and by rule.

13 (b) A State certified general real estate appraiser or

14 State certified residential real estate appraiser whose

15 license under this Act has expired may renew the license for a

16 period of 2 years following the expiration date by complying

17 with the requirements of paragraphs (1), (2), and (3) of

18 subsection (a) of this Section and paying any late penalties

19 established by rule.

20 (c) (Blank).

21 (d) The expiration date and renewal period for an

22 associate real estate trainee appraiser license issued under

23 this Act shall be set by rule. Except as otherwise provided in

24 subsections (e) and (f) of this Section, the holder of an

25 associate real estate trainee appraiser license may renew the

26 license within 90 days preceding the expiration date by:

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1 (1) completing and submitting to the Department, or

2 through a multi-state licensing system as designated by

3 the Secretary, a renewal application form as provided by

4 the Department;

5 (2) paying the required fees; and

6 (3) providing evidence to the Department, or through a

7 multi-state licensing system as designated by the

8 Secretary, of successful completion of the continuing

9 education requirements through courses approved by the

10 Department from education providers approved by the

11 Department, as established by rule.

12 (e) Any associate real estate trainee appraiser ~~trainee~~

13 whose license under this Act has expired may renew the license

14 for a period of 2 years following the expiration date by

15 complying with the requirements of paragraphs (1), (2), and

16 (3) of subsection (d) of this Section and paying any late

17 penalties as established by rule.

18 (f) Notwithstanding subsections (c) and (e), an appraiser

19 whose license under this Act has expired may renew or convert

20 the license without paying any lapsed renewal fees or late

21 penalties if the license expired while the appraiser was:

22 (1) on active duty with the United States Armed

23 Services;

24 (2) serving as the Coordinator~~of Real Estate~~

25 ~~Appraisal~~or an employee of the Department who was

26 required to surrender the ~~his or her~~ license during the

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1 term of employment.

2 Application for renewal must be made within 2 years

3 following the termination of the military service or related

4 education, training, or employmentand shall include an

5 affidavit from the licensee of engagement. ~~The licensee shall~~

6 ~~furnish the Department with an affidavit that he or she was so~~

7 ~~engaged.~~

8 (g) The Department shall provide reasonable care and due

9 diligence to ensure that each licensee under this Act is

10 provided with a renewal application at least 90 days prior to

11 the expiration date, but~~each licensee is responsible to~~

12 timely renewal or conversion of the ~~renew or convert his or her~~

13 license prior to its expiration date is the responsibility of

14 the licensee.

15 (h) The Department shall not renew a license if the

16 licensee has an unpaid fine from a disciplinary matter or an

17 unpaid fee from a non-disciplinary action imposed by the

18 Department until the fine or fee is paid to the Department or

19 the licensee has entered into a payment plan and is current on

20 the required payments.

21 (i) The Department shall not issue a license if the

22 applicant has an unpaid fine imposed by the Department for

23 unlicensed practice until the fine is paid to the Department

24 or the applicant has entered into a payment plan and is current

25 on the required payments.

26 (Source: P.A. 100-604, eff. 7-13-18; 100-832, eff. 1-1-19;

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1 101-81, eff. 7-12-19.)

2 (225 ILCS 458/5-26 new)

3 Sec. 5-26. Inactive licenses. Any licensee who notifies

4 the Department, in writing on forms prescribed by the

5 Department, may elect to place the license on an inactive

6 status and shall, subject to the rules of the Department, be

7 excused from payment of renewal fees until notification in

8 writing to the Department of the desire to resume active

9 status. Any licensee requesting reinstatement from inactive

10 status shall pay the current renewal fee, provide proof of

11 meeting the continuing education requirements for the period

12 of time the license is inactive (not to exceed 2 renewal

13 periods), and follow the requirements for reinstatement as

14 provided by rule. Any licensee whose license is in an inactive

15 status shall not practice in the State of Illinois. The

16 Department will update the licensee's record in the National

17 Registry to show that the license is inactive.

18 (225 ILCS 458/5-30)

19 (Section scheduled to be repealed on January 1, 2022)

20 Sec. 5-30. Endorsement. The Department may issue an

21 appraiser license, without the required examination, to an

22 applicant licensed by another state, territory, possession of

23 the United States, or the District of Columbia, if (i) the

24 licensing requirements of that licensing authority are, on the

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1 date of licensure, substantially equal to the requirements set

2 forth under this Act or to a person who, at the time of the ~~his~~

3 ~~or her~~ application, possessed individual qualifications that

4 were substantially equivalent to the requirements of this Act

5 or (ii) the applicant provides the Department with evidence of

6 good standing from the Appraisal Subcommittee National

7 Registry report and a criminal history records check in

8 accordance with Section 5-22. An applicant under this Section

9 shall pay all of the required fees.

10 (Source: P.A. 98-1109, eff. 1-1-15.)

11 (225 ILCS 458/5-35)

12 (Section scheduled to be repealed on January 1, 2022)

13 Sec. 5-35. Qualifying education requirements. ~~(a)~~ The

14 prerequisite classroom hours necessary for a person to be

15 approved to sit for the examination for licensure as a State

16 certified general real estate appraiser or a State certified

17 residential real estate appraiser shall be in accordance with

18 AQB criteria and established by rule.

19 ~~(b) The prerequisite classroom hours necessary for a~~

20 ~~person to sit for the examination for licensure as an~~

21 ~~associate real estate trainee appraiser shall be established~~

22 ~~by rule.~~

23 (Source: P.A. 98-1109, eff. 1-1-15.)

24 (225 ILCS 458/10-5)

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1 (Section scheduled to be repealed on January 1, 2022)

2 Sec. 10-5. Scope of practice.

3 (a) This Act does not limit a State certified general real

4 estate appraiser's ~~appraiser in his or her~~ scope of practice

5 in a federally related transaction. AState certified general

6 real estate appraiser may independently provide appraisal

7 services, review, or consult related ~~consulting relating~~ to

8 any type of property for which there is related ~~he or she has~~

9 experience orcompetency by the appraiser ~~is competent~~. All

10 such appraisal practice must be made in accordance with the

11 provisions of USPAP, criteria established by the AQB, and

12 rules adopted pursuant to this Act.

13 (b) A State certified residential real estate appraiser is

14 limited in ~~his or her~~scope of practice to the provisions of

15 USPAP, criteria established by the AQB, and the rules adopted

16 pursuant to this Act.

17 (c) A State certified residential real estate appraiser

18 must have a State certified general real estate appraiser who

19 holds a valid license under this Act co-sign all appraisal

20 reports on properties other than one to 4 units of residential

21 real property without regard to transaction value or

22 complexity.

23 (d) An associate real estate trainee appraiser is limited

24 in ~~his or her~~scope of practice in all transactions in

25 accordance with the provisions of USPAP, this Act, and the

26 rules adopted pursuant to this Act. In addition, an associate

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1 real estate trainee appraiser shall be required to have a

2 State certified general real estate appraiser or State

3 certified residential real estate appraiser who holds a valid

4 license under this Act to co-sign all appraisal reports. A

5 supervising appraiser may not supervise more than 3 associate

6 real estate trainee appraisers at one time. Associate real

7 estate trainee appraisers shall not be limited in the number

8 of concurrent supervising appraisers. A chronological

9 appraisal log on an approved log form shall be maintained by

10 the associate real estate trainee appraiser and shall be made

11 available to the Department upon request.

12 (Source: P.A. 97-602, eff. 8-26-11; 98-1109, eff. 1-1-15.)

13 (225 ILCS 458/10-10)

14 (Section scheduled to be repealed on January 1, 2022)

15 Sec. 10-10. Standards of practice. All persons licensed

16 under this Act must comply with standards of professional

17 appraisal practice adopted by the Department. The Department

18 must adopt, as part of its rules, the Uniform Standards of

19 Professional Appraisal Practice (USPAP) as published from time

20 to time by the Appraisal Standards Board of the Appraisal

21 Foundation. The Department shall consider federal laws and

22 regulations regarding the licensure of real estate appraisers

23 prior to adopting its rules for the administration of this

24 Act. When an appraisal obtained through an appraisal

25 management company is used for loan purposes, the borrower or

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1 loan applicant shall be provided with a written disclosure of

2 the total compensation to the appraiser or appraisal firm

3 within the body ~~certification~~ of the appraisal report and it

4 shall not be redacted or otherwise obscured.

5 (Source: P.A. 96-844, eff. 12-23-09; 97-602, eff. 8-26-11.)

6 (225 ILCS 458/15-5)

7 (Section scheduled to be repealed on January 1, 2022)

8 Sec. 15-5. Unlicensed practice; civil penalty; injunctive

9 relief; unlawful influence.

10 (a) A person who violates Section 5-5 of this Act shall, in

11 addition to any other penalty provided by law, pay a civil

12 penalty to the Department in an amount not to exceed $25,000

13 for each violation as determined by the Secretary. The civil

14 penalty shall be assessed by the Secretary after a hearing in

15 accordance with the provisions of this Act regarding the

16 provision of a hearing for the discipline of a license.

17 (b) The Department has the authority to investigate any

18 activity that may violate this Act.

19 (c) A civil penalty imposed pursuant to subsection (a)

20 shall be paid within 60 days after the effective date of the

21 order imposing the civil penalty. The order shall constitute a

22 judgment and may be filed and executed in the same manner as

23 any judgment from any court of record. Any civil penalty

24 collected under this Act shall be made payable to the

25 Department of Financial and Professional Regulation and

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1 deposited into the Appraisal Administration Fund. In addition

2 to or in lieu of the imposition of a civil penalty, the

3 Department may report a violation of this Act or the failure or

4 refusal to comply with an order of the Department to the

5 Attorney General or to the appropriate State's Attorney.

6 (d) Practicing as an appraiser without holding an active ~~a~~

7 ~~valid~~license as required under this Act is declared to be

8 adverse to the public welfare, to constitute a public

9 nuisance, and to cause irreparable harm to the public welfare.

10 The Secretary, the Attorney General, or the State's Attorney

11 of any county in the State may maintain an action for

12 injunctive relief in any circuit court to enjoin any person

13 from engaging in such practice.

14 Upon the filing of a verified petition in a circuit court,

15 the court, if satisfied by affidavit or otherwise that a

16 person has been engaged in the practice of real estate

17 appraisal without an active ~~a valid~~license, may enter a

18 temporary restraining order without notice or bond enjoining

19 the defendant from further practice. The showing of

20 non-licensure, by affidavit or otherwise, is sufficient for

21 the issuance of a temporary injunction. If it is established

22 that the defendant has been or is engaged in unlawful

23 practice, the court may enter an order or judgment perpetually

24 enjoining the defendant from further unlawful practice. In all

25 proceedings under this Section, the court, in its discretion,

26 may apportion the costs among the parties interested in the

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1 action, including the cost of filing the complaint, service of

2 process, witness fees and expenses, court reporter charges,

3 and reasonable attorneys' fees. These injunction proceedings

4 shall be in addition to, and not in lieu of, all penalties and

5 other remedies provided in this Act.

6 (e) No person shall influence or attempt to influence

7 through coercion, extortion, or bribery the independent

8 judgment of an appraiser licensed or certified under this Act

9 in the development, reporting, result, or review of a real

10 estate appraisal. A person who violates this subsection (e) is

11 guilty of a Class A misdemeanor for the first offense and a

12 Class 4 felony for any subsequent offense.

13 (Source: P.A. 96-844, eff. 12-23-09.)

14 (225 ILCS 458/15-10)

15 (Section scheduled to be repealed on January 1, 2022)

16 Sec. 15-10. Grounds for disciplinary action.

17 (a) The Department may suspend, revoke, refuse to issue,

18 renew, or restore a license and may reprimand place on

19 probation or administrative supervision, or take any

20 disciplinary or non-disciplinary action, including imposing

21 conditions limiting the scope, nature, or extent of the real

22 estate appraisal practice of a licensee or reducing the

23 appraisal rank of a licensee, and may impose an administrative

24 fine not to exceed $25,000 for each violation upon a licensee

25 for any one or combination of the following:

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1 (1) Procuring or attempting to procure a license by

2 knowingly making a false statement, submitting false

3 information, engaging in any form of fraud or

4 misrepresentation, or refusing to provide complete

5 information in response to a question in an application

6 for licensure.

7 (2) Failing to meet the minimum qualifications for

8 licensure as an appraiser established by this Act.

9 (3) Paying money, other than for the fees provided for

10 by this Act, or anything of value to a member or employee

11 of the Board or the Department to procure licensure under

12 this Act.

13 (4) Conviction of, or ~~by~~ plea of guilty or nolo

14 contendere, as enumerated in subsection (e) of Section

15 5-22 ~~finding of guilt, jury verdict, or entry of judgment~~

16 ~~or by sentencing of any crime, including, but not limited~~

17 ~~to, convictions, preceding sentences of supervision,~~

18 ~~conditional discharge, or first offender probation~~, under

19 the laws of any jurisdiction of the United States: (i)

20 that is a felony, ~~; or (ii) that is a~~ misdemeanor, or

21 administrative sanction or (ii) that is a crime that

22 subjects the licensee to compliance with the requirements

23 of the Sex Offender Registration Act ~~an essential element~~

24 ~~of which is dishonesty, or that is directly related to the~~

25 ~~practice of the profession~~.

26 (5) Committing an act or omission involving

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1 dishonesty, fraud, or misrepresentation with the intent to

2 substantially benefit the licensee or another person or

3 with intent to substantially injure another person as

4 defined by rule.

5 (6) Violating a provision or standard for the

6 development or communication of real estate appraisals as

7 provided in Section 10-10 of this Act or as defined by

8 rule.

9 (7) Failing or refusing without good cause to exercise

10 reasonable diligence in developing, reporting, or

11 communicating an appraisal, as defined by this Act or by

12 rule.

13 (8) Violating a provision of this Act or the rules

14 adopted pursuant to this Act.

15 (9) Having been disciplined by another state, the

16 District of Columbia, a territory, a foreign nation, a

17 governmental agency, or any other entity authorized to

18 impose discipline if at least one of the grounds for that

19 discipline is the same as or the equivalent of one of the

20 grounds for which a licensee may be disciplined under this

21 Act.

22 (10) Engaging in dishonorable, unethical, or

23 unprofessional conduct of a character likely to deceive,

24 defraud, or harm the public.

25 (11) Accepting an appraisal assignment when the

26 employment itself is contingent upon the appraiser

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1 reporting a predetermined estimate, analysis, or opinion

2 or when the fee to be paid is contingent upon the opinion,

3 conclusion, or valuation reached or upon the consequences

4 resulting from the appraisal assignment.

5 (12) Developing valuation conclusions based on the

6 race, color, religion, sex, national origin, ancestry,

7 age, marital status, family status, physical or mental

8 disability, sexual orientation, pregnancy, order of

9 protection status, military status,or unfavorable

10 military discharge, as defined under the Illinois Human

11 Rights Act, of the prospective or present owners or

12 occupants of the area or property under appraisal.

13 (13) Violating the confidential nature of government

14 records to which the licensee gained access through

15 employment or engagement as an appraiser by a government

16 agency.

17 (14) Being adjudicated liable in a civil proceeding on

18 grounds of fraud, misrepresentation, or deceit. In a

19 disciplinary proceeding based upon a finding of civil

20 liability, the appraiser shall be afforded an opportunity

21 to present mitigating and extenuating circumstances, but

22 may not collaterally attack the civil adjudication.

23 (15) Being adjudicated liable in a civil proceeding

24 for violation of a state or federal fair housing law.

25 (16) Engaging in misleading or untruthful advertising

26 or using a trade name or insignia of membership in a real

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1 estate appraisal or real estate organization of which the

2 licensee is not a member.

3 (17) Failing to fully cooperate with a Department

4 investigation by knowingly making a false statement,

5 submitting false or misleading information, or refusing to

6 provide complete information in response to written

7 interrogatories or a written request for documentation

8 within 30 days of the request.

9 (18) Failing to include within the certificate of

10 appraisal for all written appraisal reports the

11 appraiser's license number and licensure title. All

12 appraisers providing significant contribution to the

13 development and reporting of an appraisal must be

14 disclosed in the appraisal report. It is a violation of

15 this Act for an appraiser to sign a report, transmittal

16 letter, or appraisal certification knowing that a person

17 providing a significant contribution to the report has not

18 been disclosed in the appraisal report.

19 (19) Violating the terms of a disciplinary order or

20 consent to administrative supervision order.

21 (20) Habitual or excessive use or addiction to

22 alcohol, narcotics, stimulants, or any other chemical

23 agent or drug that results in a licensee's inability to

24 practice with reasonable judgment, skill, or safety.

25 (21) A physical or mental illness or disability which

26 results in the inability to practice under this Act with

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1 reasonable judgment, skill, or safety.

2 (22) Gross negligence in developing an appraisal or in

3 communicating an appraisal or failing to observe one or

4 more of the Uniform Standards of Professional Appraisal

5 Practice.

6 (23) A pattern of practice or other behavior that

7 demonstrates incapacity or incompetence to practice under

8 this Act.

9 (24) Using or attempting to use the seal, certificate,

10 or license of another as one's ~~his or her~~ own; falsely

11 impersonating any duly licensed appraiser; using or

12 attempting to use an inactive, expired, suspended, or

13 revoked license; or aiding or abetting any of the

14 foregoing.

15 (25) Solicitation of professional services by using

16 false, misleading, or deceptive advertising.

17 (26) Making a material misstatement in furnishing

18 information to the Department.

19 (27) Failure to furnish information to the Department

20 upon written request.

21 (b) The Department may reprimand suspend, revoke, or

22 refuse to issue or renew an education provider's license, may

23 reprimand, place on probation, or otherwise discipline an

24 education provider and may suspend or revoke the course

25 approval of any course offered by an education provider and

26 may impose an administrative fine not to exceed $25,000 upon

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1 an education provider, for any of the following:

2 (1) Procuring or attempting to procure licensure by

3 knowingly making a false statement, submitting false

4 information, engaging in any form of fraud or

5 misrepresentation, or refusing to provide complete

6 information in response to a question in an application

7 for licensure.

8 (2) Failing to comply with the covenants certified to

9 on the application for licensure as an education provider.

10 (3) Committing an act or omission involving

11 dishonesty, fraud, or misrepresentation or allowing any

12 such act or omission by any employee or contractor under

13 the control of the provider.

14 (4) Engaging in misleading or untruthful advertising.

15 (5) Failing to retain competent instructors in

16 accordance with rules adopted under this Act.

17 (6) Failing to meet the topic or time requirements for

18 course approval as the provider of a qualifying curriculum

19 course or a continuing education course.

20 (7) Failing to administer an approved course using the

21 course materials, syllabus, and examinations submitted as

22 the basis of the course approval.

23 (8) Failing to provide an appropriate classroom

24 environment for presentation of courses, with

25 consideration for student comfort, acoustics, lighting,

26 seating, workspace, and visual aid material.

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1 (9) Failing to maintain student records in compliance

2 with the rules adopted under this Act.

3 (10) Failing to provide a certificate, transcript, or

4 other student record to the Department or to a student as

5 may be required by rule.

6 (11) Failing to fully cooperate with an investigation

7 by the Department by knowingly making a false statement,

8 submitting false or misleading information, or refusing to

9 provide complete information in response to written

10 interrogatories or a written request for documentation

11 within 30 days of the request.

12 (c) In appropriate cases, the Department may resolve a

13 complaint against a licensee through the issuance of a Consent

14 to Administrative Supervision order. A licensee subject to a

15 Consent to Administrative Supervision order shall be

16 considered by the Department as an active licensee in good

17 standing. This order shall not be reported or considered by

18 the Department to be a discipline of the licensee. The records

19 regarding an investigation and a Consent to Administrative

20 Supervision order shall be considered confidential and shall

21 not be released by the Department except as mandated by law. A

22 complainant shall be notified if the ~~his or her~~ complaint has

23 been resolved by a Consent to Administrative Supervision

24 order.

25 (Source: P.A. 97-602, eff. 8-26-11; 97-877, eff. 8-2-12;

26 98-1109, eff. 1-1-15.)

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1 (225 ILCS 458/15-10.1 new)

2 Sec. 15-10.1. Citations.

3 (a) The Department may adopt rules to permit the issuance

4 of citations to any licensee for failure to comply with the

5 continuing education requirements set forth in this Act or as

6 established by rule. The citation shall be issued to the

7 licensee. For associate real estate trainee appraisers, a copy

8 shall also be sent to the licensee's supervising appraiser of

9 record. The citation shall contain the licensee's name, the

10 licensee's address, the licensee's license number, the number

11 of required hours of continuing education that have not been

12 successfully completed by the licensee within the renewal

13 period, and the penalty imposed, which shall not exceed

14 $2,000. The issuance of a citation shall not excuse the

15 licensee from completing all continuing education required for

16 that renewal period.

17 (b) Service of a citation shall be made in person,

18 electronically, or by mail to the licensee at the licensee's

19 address of record or email address of record. Service of a

20 citation must clearly state that if the cited licensee wishes

21 to dispute the citation, the cited licensee may make a written

22 request, within 30 days after the citation is served, for a

23 hearing before the Department. If the cited licensee does not

24 request a hearing within 30 days after the citation is served,

25 then the citation shall become a final, non-disciplinary

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1 order, and any fine imposed is due and payable within 60 days

2 after that final order. If the cited licensee requests a

3 hearing within 30 days after the citation is served, the

4 Department shall afford the cited licensee a hearing conducted

5 in the same manner as a hearing provided for in this Act for

6 any violation of this Act and shall determine whether the

7 cited licensee committed the violation as charged and whether

8 the fine as levied is warranted. If the violation is found, any

9 fine shall constitute non-public discipline and be due and

10 payable within 30 days after the order of the Secretary, which

11 shall constitute a final order of the Department. No change in

12 license status may be made by the Department until a final

13 order of the Department has been issued.

14 (c) Payment of a fine that has been assessed pursuant to

15 this Section shall not constitute disciplinary action

16 reportable on the Department's website or elsewhere unless a

17 licensee has previously received 2 or more citations and been

18 assessed 2 or more fines.

19 (d) Nothing in this Section shall prohibit or limit the

20 Department from taking further action pursuant to this Act and

21 rules for additional, repeated, or continuing violations.

22 (225 ILCS 458/15-11 new)

23 Sec. 15-11. Illegal discrimination. When there has been

24 an adjudication in a civil or criminal proceeding that a

25 licensee has illegally discriminated while engaged in any

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1 activity for which a license is required under this Act, the

2 Department, upon the recommendation of the Board as to the

3 extent of the suspension or revocation, shall suspend or

4 revoke the license of that licensee in a timely manner, unless

5 the adjudication is in the appeal process. When there has been

6 an order in an administrative proceeding finding that a

7 licensee has illegally discriminated while engaged in any

8 activity for which a license is required under this Act, the

9 Department, upon recommendation of the Board as to the nature

10 and extent of the discipline, shall take one or more of the

11 disciplinary actions provided for in Section 15-10 in a timely

12 manner, unless the administrative order is in the appeal

13 process.

14 (225 ILCS 458/15-15)

15 (Section scheduled to be repealed on January 1, 2022)

16 Sec. 15-15. Investigation; notice; hearing.

17 (a) Upon the motion of the Department or the Board or upon

18 a complaint in writing of a person setting forth facts that, if

19 proven, would constitute grounds for suspension, revocation,

20 or other disciplinary action against a licensee or applicant

21 for licensure, the Department shall investigate the actions of

22 the licensee or applicant. If, upon investigation, the

23 Department believes that there may be cause for suspension,

24 revocation, or other disciplinary action, the Department shall

25 use the services of a State certified general real estate

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1 appraiser, a State certified residential real estate

2 appraiser, or the Real Estate Coordinator to assist in

3 determining whether grounds for disciplinary action exist

4 prior to commencing formal disciplinary proceedings.

5 (b) Formal disciplinary proceedings shall commence upon

6 the issuance of a written complaint describing the charges

7 that are the basis of the disciplinary action and delivery of

8 the detailed complaint to the address of record of the

9 licensee or applicant. For an associate real estate trainee

10 appraiser, a copy shall also be sent to the licensee's

11 supervising appraiser of record.The Department shall notify

12 the licensee or applicant to file a verified written answer

13 within 20 days after the service of the notice and complaint.

14 The notification shall inform the licensee or applicant ofthe

15 ~~his or her~~right to be heard in person or by legal counsel;

16 that the hearing will be afforded not sooner than 20 ~~30~~ days

17 after service of the complaint; that failure to file an answer

18 will result in a default being entered against the licensee or

19 applicant; that the license may be suspended, revoked, or

20 placed on probationary status; and that other disciplinary

21 action may be taken pursuant to this Act, including limiting

22 the scope, nature, or extent of the licensee's practice. If

23 the licensee or applicant fails to file an answer after

24 service of notice,the respective ~~his or her~~license may, at

25 the discretion of the Department, be suspended, revoked, or

26 placed on probationary status and the Department may take

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1 whatever disciplinary action it deems proper, including

2 limiting the scope, nature, or extent of the person's

3 practice, without a hearing.

4 (c) At the time and place fixed in the notice, the Board

5 shall conduct hearing of the charges, providing both the

6 accused person and the complainant ample opportunity to

7 present in person or by counsel such statements, testimony,

8 evidence, and argument as may be pertinent to the charges or to

9 a defense thereto.

10 (d) The Board shall present to the Secretary a written

11 report of its findingsof factand recommendations. A copy of

12 the report shall be served upon the licensee or applicant,

13 either personally, ~~or~~ by ~~certified~~mail, or, at the discretion

14 of the Department, by electronic means. For associate real

15 estate trainee appraisers, a copy shall also be sent to the

16 licensee's supervising appraiser of record. Within 20 days

17 after the service, the licensee or applicant may present the

18 Secretary with a motion in writing for~~either~~ a rehearing~~, a~~

19 ~~proposed finding of fact, a conclusion of law, or an~~

20 ~~alternative sanction,~~and shall specify the particular grounds

21 for the request. If the accused orders a transcript of the

22 record as provided in this Act, the time elapsing thereafter

23 and before the transcript is ready for delivery to the accused

24 shall not be counted as part of the 20 days. If the Secretary

25 is not satisfied that substantial justice has been done, the

26 Secretary may order a rehearing by the Board or other special

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1 committee appointed by the Secretary, may remand the matter to

2 the Board for its reconsideration of the matter based on the

3 pleadings and evidence presented to the Board, or may enter a

4 final order in contravention of the Board's recommendation.

5 Notwithstanding a licensee's or applicant's failure to file a

6 motion for rehearing, the Secretary shall have the right to

7 take any of the actions specified in this subsection (d). Upon

8 the suspension or revocation of a license, the licensee shall

9 be required to surrender the respective ~~his or her~~ license to

10 the Department, and upon failure or refusal to do so, the

11 Department shall have the right to seize the license.

12 (e) The Department has the power to issue subpoenas and

13 subpoenas duces tecum to bring before it any person in this

14 State, to take testimony, or to require production of any

15 records relevant to an inquiry or hearing by the Board in the

16 same manner as prescribed by law in judicial proceedings in

17 the courts of this State. In a case of refusal of a witness to

18 attend, testify, or to produce books or papers concerning a

19 matter upon which the witness ~~he or she~~might be lawfully

20 examined, the circuit court of the county where the hearing is

21 held, upon application of the Department or any party to the

22 proceeding, may compel obedience by proceedings as for

23 contempt.

24 (f) Any license that is ~~suspended indefinitely or~~ revoked

25 may not be restored for a minimum period of3 ~~2~~ years~~, or as~~

26 ~~otherwise ordered by the Secretary~~.

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1 (g) In addition to the provisions of this Section

2 concerning the conduct of hearings and the recommendations for

3 discipline, the Department has the authority to negotiate

4 disciplinary and non-disciplinary settlement agreements

5 concerning any license issued under this Act. All such

6 agreements shall be recorded as Consent Orders or Consent to

7 Administrative Supervision Orders.

8 (h) The Secretary shall have the authority to appoint an

9 attorney duly licensed to practice law in the State of

10 Illinois to serve as the hearing officer in any action to

11 suspend, revoke, or otherwise discipline any license issued by

12 the Department. The Hearing Officer shall have full authority

13 to conduct the hearing.

14 (i) The Department, at its expense, shall preserve a

15 record of all formal hearings of any contested case involving

16 the discipline of a license. At all hearings or pre-hearing

17 conferences, the Department and the licensee shall be entitled

18 to have the proceedings transcribed by a certified shorthand

19 reporter. A copy of the transcribed proceedings shall be made

20 available to the licensee by the certified shorthand reporter

21 upon payment of the prevailing contract copy rate.

22 (Source: P.A. 100-831, eff. 1-1-19.)

23 (225 ILCS 458/15-55)

24 (Section scheduled to be repealed on January 1, 2022)

25 Sec. 15-55. Checks, credit card charges, or orders to

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1 Department dishonored because of insufficient funds. Any

2 person who:

3 (1)delivers a check or other payment to the

4 Department that is returned to the Department unpaid by

5 the financial institution upon which it was drawn; or

6 (2) presents a credit card or debit card for payment

7 that is invalid or expired or against which charges by the

8 Department are declined or dishonored;

9 shall pay to the Department, in addition to the amount already

10 owed to the Department, a fine of $50. The fines imposed by

11 this Section are in addition to any other discipline provided

12 under this Act for unlicensed practice or practice on a

13 non-renewed license. The Department shall notify the applicant

14 or licensee that payment of fees and fines shall be paid to the

15 Department by certified check or money order within 30

16 calendar days after the notification. If, after the expiration

17 of 30 days from the date of the notification, the person has

18 failed to submit the necessary remittance, the Department

19 shall automatically terminate the license or deny the

20 application, without hearing. After ~~If, after~~ termination or

21 denial, the person seeking ~~seeks~~ a license~~, he or she~~ must

22 apply to the Department for restoration or issuance of the

23 license and pay all fees and fines due to the Department. The

24 Department may establish a fee for the processing of an

25 application for restoration of a license to pay all of the

26 expenses of processing the application. The Secretary may

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1 waive the fines due under this Section in individual cases

2 where the Secretary finds that the penalties or fines would be

3 unreasonable or unnecessarily burdensome.

4 (Source: P.A. 96-844, eff. 12-23-09.)

5 (225 ILCS 458/20-5)

6 (Section scheduled to be repealed on January 1, 2022)

7 Sec. 20-5. Education providers.

8 (a) No person shall operate an education provider entity

9 without possessing an active license issued by the Department.

10 Only ~~Beginning July 1, 2002, only~~ education providers licensed

11 or otherwise approved by the Department may provide the

12 qualifying and continuing education courses required for

13 licensure under this Act.Every person that desires to obtain

14 an education provider license shall make application to the

15 Department in a manner prescribed by the Department and pay

16 the fee prescribed by rule.

17 (b) A person or entity seeking to be licensed as an

18 education provider under this Act shall provide satisfactory

19 evidence of the following:

20 (1) a sound financial base for establishing,

21 promoting, and delivering the necessary courses;

22 (2) (blank); ~~a sufficient number of qualified~~

23 ~~instructors;~~

24 (3) (blank); ~~adequate support personnel to assist with~~

25 ~~administrative matters and technical assistance;~~

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1 (4) (blank); ~~a written policy dealing with procedures~~

2 ~~for management of grievances and fee refunds;~~

3 (5) a qualified administrator, who is responsible for

4 the administration of the education provider, courses, and

5 the actions of the instructors; ~~and~~

6 (6) any other requirements as provided by rule; and ~~.~~

7 (7) proof of good standing with the Secretary of State

8 and authority to conduct businesses in this State.

9 (c) All applicants for an education provider's license

10 shall make initial application to the Department on forms

11 provided by the Department, or through a multi-state licensing

12 system as designated by the Secretary, and pay the appropriate

13 fee as provided by rule. The term, expiration date, and

14 renewal of an education provider's license shall be

15 established by rule.

16 (d) An education provider shall provide each successful

17 course participant with a certificate of completion signed by

18 the school administrator. The format and content of the

19 certificate shall be specified by rule.

20 (e) All education providers shall provide to the

21 Department a monthly roster of all successful course

22 participants as provided by rule.

23 (Source: P.A. 100-604, eff. 7-13-18.)

24 (225 ILCS 458/20-10)

25 (Section scheduled to be repealed on January 1, 2022)

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1 Sec. 20-10. Course approval.

2 (a) Only courses offered by licensed education providers

3 and approved by the Department, courses approved by the AQB,

4 or courses approved by jurisdictions monitored ~~regulated~~ by

5 the Appraisal Subcommittee shall be used to meet the

6 requirements of this Act and rules.

7 (b) An education provider licensed under this Act may

8 submit courses to the Department, or through a multi-state

9 licensing system as designated by the Secretary, for approval.

10 The criteria, requirements, and fees for courses shall be

11 established by rule in accordance with this Act and the

12 criteria established by the AQB.

13 (c) For each course approved, the Department shall issue a

14 license to the education provider. The term, expiration date,

15 and renewal of a course approval shall be established by rule.

16 (d) An education provider must use an instructor for each

17 course approved by the Department who (i) holds a valid real

18 estate appraisal license in good standing as a State certified

19 general real estate appraiser or a State certified residential

20 real estate appraiser in Illinois or any other jurisdiction

21 monitored by the Appraisal Subcommittee, (ii) holds a valid

22 teaching certificate issued by the State of Illinois, (iii) is

23 a faculty member in good standing with an accredited college

24 or university or community college, or (iv) satisfies

25 requirements established by rule ~~is an approved appraisal~~

26 ~~instructor from an appraisal organization that is a member of~~

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1 ~~the Appraisal Foundation~~.

2 (Source: P.A. 100-604, eff. 7-13-18.)

3 (225 ILCS 458/25-10)

4 (Section scheduled to be repealed on January 1, 2022)

5 Sec. 25-10. Real Estate Appraisal Administration and

6 Disciplinary Board; appointment.

7 (a) There is hereby created the Real Estate Appraisal

8 Administration and Disciplinary Board. The Board shall be

9 composed of the Coordinator and 10 persons appointed by the

10 Governor~~, plus the Coordinator of the Real Estate Appraisal~~

11 ~~Division~~. Members shall be appointed to the Board subject to

12 the following conditions:

13 (1) All appointed members shall have been residents

14 and citizens of this State for at least 5 years prior to

15 the date of appointment.

16 (2) The appointed membership of the Board should

17 reasonably reflect the geographic distribution of the

18 population of the State.

19 (3) Four appointed members shall have been actively

20 engaged and currently licensed as State certified general

21 real estate appraisers for a period of not less than 5

22 years.

23 (4) Three~~Two~~ appointed members shall have been

24 actively engaged and currently licensed as State certified

25 residential real estate appraisers for a period of not

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1 less than 5 years.

2 (5) One~~Two~~ appointed member ~~members~~ shall hold a

3 valid license as a real estate broker for at least3 ~~10~~

4 years prior to the date of the appointment and ~~, one of whom~~

5 shall hold eithera valid State certified general real

6 estate appraiser license or a valid State certified

7 residential appraiser license issued under this Act or a

8 predecessor Act for a period of at least 5 years prior to

9 the appointment ~~and one of whom shall hold a valid State~~

10 ~~certified residential real estate appraiser license issued~~

11 ~~under this Act or a predecessor Act for a period of at~~

12 ~~least 5 years prior to the appointment~~.

13 (6) One appointed member shall be a representative of

14 a financial institution, as evidenced byproof of ~~his or~~

15 ~~her~~employment with a financial institution.

16 (7) One appointed member shall represent the interests

17 of the general public. This member orthe member's ~~his or~~

18 ~~her~~spouse shall not be licensed under this Act nor be

19 employed by or have any financial interest in an appraisal

20 business, appraisal management company, real estate

21 brokerage business, or a financial institution.

22 In making appointments as provided in paragraphs (3) and

23 (4) of this subsection, the Governor shall give due

24 consideration to recommendations by members and organizations

25 representing the profession.

26 In making the appointments as provided in paragraph (5) of

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1 this subsection, the Governor shall give due consideration to

2 the recommendations by members and organizations representing

3 the real estate industry.

4 In making the appointment as provided in paragraph (6) of

5 this subsection, the Governor shall give due consideration to

6 the recommendations by members and organizations representing

7 financial institutions.

8 (b) The members' terms shall be for 4 years or until a

9 successor is appointed ~~and expire upon completion of the term~~.

10 No member shall be reappointed to the Board for a term that

11 would cause the member's ~~his or her~~ cumulative service to the

12 Board to exceed 10 years. Appointments to fill vacancies shall

13 be for the unexpired portion of the term.

14 (c) The Governor may terminate the appointment of a member

15 for cause that, in the opinion of the Governor, reasonably

16 justifies the termination. Cause for termination may include,

17 without limitation, misconduct, incapacity, neglect of duty,

18 or missing 4 Board meetings during any one fiscal ~~calendar~~

19 year.

20 (d) A majority of the Board members shall constitute a

21 quorum. A vacancy in the membership of the Board shall not

22 impair the right of a quorum to exercise all of the rights and

23 perform all of the duties of the Board.

24 (e) The Board shall meet at least monthly ~~quarterly~~ and

25 may be convened by the Chairperson, Vice-Chairperson, or 3

26 members of the Board upon 10 days written notice.

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1 (f) The Board shall, annually at the first meeting of the

2 fiscal year, elect a Chairperson and Vice-Chairperson from its

3 members. The Chairperson shall preside over the meetings and

4 shall coordinate with the Coordinator in developing and

5 distributing an agenda for each meeting. In the absence of the

6 Chairperson, the Vice-Chairperson shall preside over the

7 meeting.

8 (g) The Coordinator~~of the Real Estate Appraisal Division~~

9 shall serve as a member of the Board without vote.

10 (h) The Board shall advise and make recommendations to the

11 Department on the education and experience qualifications of

12 any applicant for initial licensure as a State certified

13 general real estate appraiser or a State certified residential

14 real estate appraiser. The Department shall not make any

15 decisions concerning education or experience qualifications of

16 an applicant for initial licensure as a State certified

17 general real estate appraiser or a State certified residential

18 real estate appraiser without having first received the advice

19 and recommendation of the Board and shall give due

20 consideration to all such advice and recommendations; however,

21 if the Board does not render advice or make a recommendation

22 within a reasonable amount of time, then the Department may

23 render a decision.

24 (i) Except as provided in Section 15-17 of this Act, the

25 Board shall hear and make recommendations to the Secretary on

26 disciplinary matters that require a formal evidentiary

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1 hearing. The Secretary shall give due consideration to the

2 recommendations of the Board involving discipline and

3 questions involving standards of professional conduct of

4 licensees.

5 (j) The Department shall seek and the Board shall provide

6 recommendations to the Department consistent with the

7 provisions of this Act and for the administration and

8 enforcement of all rules adopted pursuant to this Act. The

9 Department shall give due consideration to such

10 recommendations prior to adopting rules.

11 (k) The Department shall seek and the Board shall provide

12 recommendations to the Department on the approval of all

13 courses submitted to the Department pursuant to this Act and

14 the rules adopted pursuant to this Act. The Department shall

15 not approve any courses without having first received the

16 recommendation of the Board and shall give due consideration

17 to such recommendations prior to approving and licensing

18 courses; however, if the Board does not make a recommendation

19 within a reasonable amount of time, then the Department may

20 approve courses.

21 (l) Each voting member of the Board shall receive a per

22 diem stipend in an amount to be determined by the Secretary.

23 While engaged in the performance of duties, each ~~Each~~ member

24 shall be paid the ~~his or her~~ necessary expenses ~~while engaged~~

25 ~~in the performance of his or her duties~~.

26 (m) Members of the Board shall be immune from suit in an

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1 action based upon any disciplinary proceedings or other acts

2 performed in good faith as members of the Board.

3 (n) If the Department disagrees with any advice or

4 recommendation provided by the Board under this Section to the

5 Secretary or the Department, then notice of such disagreement

6 must be provided to the Board by the Department.

7 (o) (Blank). ~~Upon resolution adopted at any Board meeting,~~

8 ~~the exercise of any Board function, power, or duty enumerated~~

9 ~~in this Section or in subsection (d) of Section 15-10 of this~~

10 ~~Act may be suspended. The exercise of any suspended function,~~

11 ~~power, or duty of the Board may be reinstated by a resolution~~

12 ~~adopted at a subsequent Board meeting. Any resolution adopted~~

13 ~~pursuant to this Section shall take effect immediately.~~

14 (Source: P.A. 100-886, eff. 8-14-18.)

15 (225 ILCS 458/25-15)

16 (Section scheduled to be repealed on January 1, 2022)

17 Sec. 25-15. ~~Coordinator of~~ Real Estate Appraisal

18 Coordinator; appointment; duties.The Secretary shall appoint~~,~~

19 ~~subject to the Personnel Code,~~ a Coordinator ~~of Real Estate~~

20 ~~Appraisal~~. In appointing the Coordinator, the Secretary shall

21 give due consideration to recommendations made by members,

22 organizations, and associations of the real estate appraisal

23 industry. The ~~On or after January 1, 2010, the~~ Coordinator

24 must hold a current, valid State certified general real estate

25 appraiser license for a period of at least 5 years prior to

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1 appointment. The Coordinator shall not practice during the

2 term of the ~~his or her~~ appointment. ~~The Coordinator must take~~

3 ~~the 30-hour National Instructors Course on Uniform Standards~~

4 ~~of Professional Appraisal Practice.~~ The Coordinator shall be

5 credited with all fees that came due during the Coordinator's

6 ~~his or her~~employment. The Coordinator shall:

7 (1) serve as a member of the Real Estate Appraisal

8 Administration and Disciplinary Board without vote;

9 (2) be the direct liaison between the Department, the

10 profession, and the real estate appraisal industry

11 organizations and associations;

12 (3) prepare and circulate to licensees such

13 educational and informational material as the Department

14 deems necessary for providing guidance or assistance to

15 licensees;

16 (4) appoint necessary committees to assist in the

17 performance of the functions and duties of the Department

18 under this Act;

19 (5) (blank); and

20 (6) be authorized to investigate and determine the

21 facts of a complaint; the coordinator may interview

22 witnesses, the complainant, and any licensees involved in

23 the alleged matter and make a recommendation as to the

24 findings of fact.

25 (Source: P.A. 97-602, eff. 8-26-11; 98-1109, eff. 1-1-15.)

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1 (225 ILCS 458/25-16)

2 (Section scheduled to be repealed on January 1, 2022)

3 Sec. 25-16. Staff. The Department shall employ a minimum

4 of one investigator ~~with an active certified appraiser license~~

5 per 2,000 licensees in order to have sufficient staff to

6 perform the Department's obligations under this Act.

7 (Source: P.A. 100-832, eff. 1-1-19.)

8 (225 ILCS 458/25-20)

9 (Section scheduled to be repealed on January 1, 2022)

10 Sec. 25-20. Department; powers and duties. The Department

11 of Financial and Professional Regulation shall exercise the

12 powers and duties prescribed by the Civil Administrative Code

13 of Illinois for the administration of licensing Acts and shall

14 exercise such other powers and duties as are prescribed by

15 this Act for the administration of this Act. The Department

16 may contract with third parties for services necessary for the

17 proper administration of this Act, including without

18 limitation, investigators with the proper knowledge, training,

19 and skills to ~~properly~~ investigate complaints against real

20 estate appraisers.

21 The Department shall maintain and update a registry of the

22 names and addresses of all licensees and a listing of

23 disciplinary orders issued pursuant to this Act and shall

24 transmit the registry, along with any national registry fees

25 that may be required, to the entity specified by, and in a

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1 manner consistent with, Title XI of the federal Financial

2 Institutions Reform, Recovery and Enforcement Act of 1989.

3 (Source: P.A. 96-844, eff. 12-23-09.)

4 (225 ILCS 458/25-25)

5 (Section scheduled to be repealed on January 1, 2022)

6 Sec. 25-25. Rules. The Department, after notifying and

7 considering any recommendations of the Board,if any, shall

8 adopt rules that may be necessary for administration,

9 implementation, and enforcement of the Act.

10 (Source: P.A. 96-844, eff. 12-23-09.)

11 (225 ILCS 458/25-35 new)

12 Sec. 25-35. No private right of action. Except as

13 otherwise expressly provided for in this Act, nothing in this

14 Act shall be construed to grant to any person a private right

15 of action to enforce the provisions of this Act or the rules

16 adopted under this Act.

17 (225 ILCS 458/30-5)

18 (Section scheduled to be repealed on January 1, 2022)

19 Sec. 30-5. Savings provisions.

20 (a) This Act is intended to replace the Real Estate

21 Appraiser Licensing Act in all respects.

22 (b) Beginning July 1, 2002, the rights, powers, and duties

23 exercised by the Office of Banks and Real Estate under the Real

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1 Estate Appraiser Licensing Act shall continue to be vested in,

2 to be the obligation of, and to be exercised by theDivision of

3 Real Estate of the Department of Financial and Professional

4 Regulation ~~Office of Banks and Real Estate~~ under the

5 provisions of this Act.

6 (c) This Act does not affect any act done, ratified, or

7 cancelled, any right occurring or established, or any action

8 or proceeding commenced in an administrative, civil, or

9 criminal cause before July 1, 2002 by the Office of Banks and

10 Real Estate under the Real Estate Appraiser Licensing Act.

11 Those actions or proceedings may be prosecuted and continued

12 by the Division of Real Estate of the Department of Financial

13 and Professional Regulation ~~Office of Banks and Real Estate~~

14 under this Act.

15 (d) This Act does not affect any license, certificate,

16 permit, or other form of licensure issued by the Office of

17 Banks and Real Estate under the Real Estate Appraiser

18 Licensing Act, except as provided is subsection (c) of Section

19 5-25. All such licenses, certificates, permits, or other form

20 of licensure shall continue to be valid under the terms and

21 conditions of this Act.

22 (e) The rules adopted by the Office of Banks and Real

23 Estate relating to the Real Estate Appraiser Licensing Act,

24 unless inconsistent with the provisions of this Act, are not

25 affected by this Act, and on July 1, 2002, those rules become

26 rules under this Act. ~~The Office of Banks and Real Estate~~

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1 ~~shall, as soon as practicable, adopt new or amended rules~~

2 ~~consistent with the provisions of this Act.~~

3 (f) This Act does not affect any discipline, suspension,

4 or termination that has occurred under the Real Estate

5 Appraiser Licensing Act or other predecessor Act. Any action

6 for discipline, suspension, or termination instituted under

7 the Real Estate Appraiser Licensing Act shall be continued

8 under this Act.

9 (Source: P.A. 92-180, eff. 7-1-02.)

10 (225 ILCS 458/10-17 rep.)

11 (225 ILCS 458/30-10 rep.)

12 Section 85. The Real Estate Appraiser Licensing Act of

13 2002 is amended by repealing Sections 10-17 and 30-10.

14 Section 90. The Appraisal Management Company Registration

15 Act is amended by changing Sections 10 and 15 as follows:

16 (225 ILCS 459/10)

17 Sec. 10. Definitions. In this Act:

18 "Address of record" means the principal address recorded

19 by the Department in the applicant's or registrant's

20 application file or registration file maintained by the

21 Department's registration maintenance unit.

22 "Applicant" means a person or entity who applies to the

23 Department for a registration under this Act.

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1 "Appraisal" means (noun) the act or process of developing

2 an opinion of value; an opinion of value (adjective) of or

3 pertaining to appraising and related functions.

4 "Appraisal firm" means an appraisal entity that is 100%

5 owned and controlled by a person or persons licensed in

6 Illinois as a certified general real estate appraiser or a

7 certified residential real estate appraiser. An appraisal firm

8 does not include an appraisal management company.

9 "Appraisal management company" means any corporation,

10 limited liability company, partnership, sole proprietorship,

11 subsidiary, unit, or other business entity that directly or

12 indirectly: (1) provides appraisal management services to

13 creditors or secondary mortgage market participants, including

14 affiliates; (2) provides appraisal management services in

15 connection with valuing the consumer's principal dwelling as

16 security for a consumer credit transaction (including consumer

17 credit transactions incorporated into securitizations); and

18 (3) ~~within a given year, oversees an appraiser panel of any~~

19 ~~size of State-certified appraisers in Illinois; and (4)~~ any

20 appraisal management company that, within a given 12-month

21 period ~~year~~, oversees an appraiser panel of 16 or more

22 State-certified appraisers in Illinois or 25 or more

23 State-certified or State-licensed appraisers in 2 or more

24 jurisdictions ~~shall be subject to the appraisal management~~

25 ~~company national registry fee in addition to the appraiser~~

26 ~~panel fee~~. "Appraisal management company" includes a hybrid

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1 entity.

2 "Appraisal management company national registry fee" means

3 the fee implemented pursuant to Title XI of the federal

4 Financial Institutions Reform, Recovery and Enforcement Act of

5 1989 for an appraiser management company's national registry.

6 "Appraisal management services" means one or more of the

7 following:

8 (1) recruiting, selecting, and retaining appraisers;

9 (2) contracting with State-certified or State-licensed

10 appraisers to perform appraisal assignments;

11 (3) managing the process of having an appraisal

12 performed, including providing administrative services

13 such as receiving appraisal orders and appraisal reports;

14 submitting completed appraisal reports to creditors and

15 secondary market participants; collecting compensation

16 from creditors, underwriters, or secondary market

17 participants for services provided; or paying appraisers

18 for services performed; or

19 (4) reviewing and verifying the work of appraisers.

20 "Appraiser panel" means a network, list, or roster of

21 licensed or certified appraisers approved by the appraisal

22 management company or by the end-user client to perform

23 appraisals as independent contractors for the appraisal

24 management company. "Appraiser panel" includes both appraisers

25 accepted by an appraisal management company for consideration

26 for future appraisal assignments and appraisers engaged by an

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1 appraisal management company to perform one or more

2 appraisals. For the purposes of determining the size of an

3 appraiser panel, only independent contractors of hybrid

4 entities shall be counted towards the appraiser panel.

5 "Appraiser panel fee" means the amount collected from a

6 registrant that, where applicable, includes an appraisal

7 management company's national registry fee.

8 "Appraisal report" means a written appraisal by an

9 appraiser to a client.

10 "Appraisal practice service" means valuation services

11 performed by an individual acting as an appraiser, including,

12 but not limited to, appraisal or appraisal review.

13 "Appraisal subcommittee" means the appraisal subcommittee

14 of the Federal Financial Institutions Examination Council as

15 established by Title XI.

16 "Appraiser" means a person who performs real estate or

17 real property appraisals.

18 "Assignment result" means an appraiser's opinions and

19 conclusions developed specific to an assignment.

20 "Audit" includes, but is not limited to, an annual or

21 special audit, visit, or review necessary under this Act or

22 required by the Secretary or the Secretary's authorized

23 representative in carrying out the duties and responsibilities

24 under this Act.

25 "Client" means the party or parties who engage an

26 appraiser by employment or contract in a specific appraisal

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1 assignment.

2 "Controlling Person" means:

3 (1) an owner, officer, or director of an entity

4 seeking to offer appraisal management services;

5 (2) an individual employed, appointed, or authorized

6 by an appraisal management company who has the authority

7 to:

8 (A) enter into a contractual relationship with a

9 client for the performance of an appraisal management

10 service or appraisal practice service; and

11 (B) enter into an agreement with an appraiser for

12 the performance of a real estate appraisal activity;

13 (3) an individual who possesses, directly or

14 indirectly, the power to direct or cause the direction of

15 the management or policies of an appraisal management

16 company; or

17 (4) an individual who will act as the sole compliance

18 officer with regard to this Act and any rules adopted

19 under this Act.

20 ~~"Coordinator" means the Coordinator of the Appraisal~~

21 ~~Management Company Registration Unit of the Department or his~~

22 ~~or her designee.~~

23 "Covered transaction" means a consumer credit transaction

24 secured by a consumer's principal dwelling.

25 "Department" means the Department of Financial and

26 Professional Regulation.

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1 "Email address of record" means the designated email

2 address recorded by the Department in the applicant's

3 application file or the registrant's registration file

4 maintained by the Department's registration maintenance unit.

5 "Entity" means a corporation, a limited liability company,

6 partnership, a sole proprietorship, or other entity providing

7 services or holding itself out to provide services as an

8 appraisal management company or an appraisal management

9 service.

10 "End-user client" means any person who utilizes or engages

11 the services of an appraiser through an appraisal management

12 company.

13 "Federally regulated appraisal management company" means

14 an appraisal management company that is owned and controlled

15 by an insured depository institution, as defined in 12 U.S.C.

16 1813, or an insured credit union, as defined in 12 U.S.C. 1752,

17 and regulated by the Office of the Comptroller of the

18 Currency, the Federal Reserve Board, the National Credit Union

19 Association, or the Federal Deposit Insurance Corporation.

20 "Financial institution" means any bank, savings bank,

21 savings and loan association, credit union, mortgage broker,

22 mortgage banker, registrant under the Consumer Installment

23 Loan Act or the Sales Finance Agency Act, or a corporate

24 fiduciary, subsidiary, affiliate, parent company, or holding

25 company of any registrant, or any institution involved in real

26 estate financing that is regulated by State or federal law.

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1 "Foreign appraisal management company" means any appraisal

2 management company organized under the laws of any other state

3 of the United States, the District of Columbia, or any other

4 jurisdiction of the United States.

5 "Hybrid entity" means an appraisal management company that

6 hires an appraiser as an employee to perform an appraisal and

7 engages an independent contractor to perform an appraisal.

8 "Multi-state licensing system" means a web-based platform

9 that allows an applicant to submit the ~~his or her~~ application

10 or registration renewal to the Department online.

11 "Person" means individuals, entities, sole

12 proprietorships, corporations, limited liability companies,

13 and alien, foreign, or domestic partnerships, except that when

14 the context otherwise requires, the term may refer to a single

15 individual or other described entity.

16 "Principal dwelling" means a residential structure that

17 contains one to 4 units, whether or not that structure is

18 attached to real property. "Principal dwelling" includes an

19 individual condominium unit, cooperative unit, manufactured

20 home, mobile home, and trailer, if it is used as a residence.

21 "Principal office" means the actual, physical business

22 address, which shall not be a post office box or a virtual

23 business address, of a registrant, at which (i) the Department

24 may contact the registrant and (ii) records required under

25 this Act are maintained.

26 "Qualified to transact business in this State" means being

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1 in compliance with the requirements of the Business

2 Corporation Act of 1983.

3 "Quality control review" means a review of an appraisal

4 report for compliance and completeness, including grammatical,

5 typographical, or other similar errors, unrelated to

6 developing an opinion of value.

7 "Real estate" means an identified parcel or tract of land,

8 including any improvements.

9 "Real estate related financial transaction" means any

10 transaction involving:

11 (1) the sale, lease, purchase, investment in, or

12 exchange of real property, including interests in property

13 or the financing thereof;

14 (2) the refinancing of real property or interests in

15 real property; and

16 (3) the use of real property or interest in property

17 as security for a loan or investment, including mortgage

18 backed securities.

19 "Real property" means the interests, benefits, and rights

20 inherent in the ownership of real estate.

21 "Secretary" means the Secretary of Financial and

22 Professional Regulation.

23 "USPAP" means the Uniform Standards of Professional

24 Appraisal Practice as adopted by the Appraisal Standards Board

25 under Title XI.

26 "Valuation" means any estimate of the value of real

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1 property in connection with a creditor's decision to provide

2 credit, including those values developed under a policy of a

3 government sponsored enterprise or by an automated valuation

4 model or other methodology or mechanism.

5 "Written notice" means a communication transmitted by mail

6 or by electronic means that can be verified between an

7 appraisal management company and a licensed or certified real

8 estate appraiser.

9 (Source: P.A. 100-604, eff. 7-13-18.)

10 (225 ILCS 459/15)

11 Sec. 15. Exemptions.

12 (a) Nothing in this Act shall apply to any of the

13 following:

14 (1) an agency of the federal, State, county, or

15 municipal government or an officer or employee of a

16 government agency, or person, described in this Section

17 when acting within the scope of employment of the officer

18 or employee;

19 (2) a corporate relocation company when the appraisal

20 is not used for mortgage purposes and the end user client

21 is an employer company;

22 (3) any person licensed in this State under any other

23 Act while engaged in the activities or practice for which

24 he or she is licensed;

25 (4) any person licensed to practice law in this State

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1 who is working with or on behalf of a client of that person

2 in connection with one or more appraisals for that client;

3 (5) an appraiser that enters into an agreement,

4 whether written or otherwise, with another appraiser for

5 the performance of an appraisal, and upon the completion

6 of the appraisal, the report of the appraiser performing

7 the appraisal is signed by both the appraiser who

8 completed the appraisal and the appraiser who requested

9 the completion of the appraisal, except that an appraisal

10 management company may not avoid the requirement of

11 registration under this Act by requiring an employee of

12 the appraisal management company who is an appraiser to

13 sign an appraisal that was completed by another appraiser

14 who is part of the appraisal panel of the appraisal

15 management company;

16 (6) any person acting as an agent of the Illinois

17 Department of Transportation in the acquisition or

18 relinquishment of land for transportation issues to the

19 extent of their contract scope;

20 (7) a design professional entity when the appraisal is

21 not used for mortgage purposes and the end user client is

22 an agency of State government or a unit of local

23 government;

24 (8) an appraiser firm whose ownership is appropriately

25 certified under the Real Estate Appraiser Licensing Act of

26 2002; ~~or~~

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1 (9) an appraisal management company solely engaged in

2 non-residential appraisal management services; or ~~.~~

3 (10) a department or division of an entity that

4 provides appraisal management services only to that

5 entity.

6 (b) A federally regulated appraisal management company

7 shall register with the Department for the sole purpose of

8 collecting required information for, and to pay all fees

9 associated with, the State of Illinois' obligation to register

10 the federally regulated appraisal management company with the

11 Appraisal Management Companies National Registry, but the

12 federally regulated appraisal management company is otherwise

13 exempt from all other provisions in this Act.

14 (c) In the event that the Final Interim Rule of the federal

15 Dodd-Frank Wall Street Reform and Consumer Protection Act

16 provides that an appraisal management company is a subsidiary

17 owned and controlled by a financial institution regulated by a

18 federal financial institution's regulatory agency and is

19 exempt from State appraisal management company registration

20 requirements, the Department, shall, by rule, provide for the

21 implementation of such an exemption.

22 (Source: P.A. 100-604, eff. 7-13-18.)

23 Section 95. The Petroleum Equipment Contractors Licensing

24 Act is amended by changing Sections 35, 45, 60, and 65 and by

25 adding Section 73 as follows:

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1 (225 ILCS 729/35)

2 (Section scheduled to be repealed on January 1, 2022)

3 Sec. 35. Licensure qualifications and fees.

4 (a) Applicants for a license must submit to the Office all

5 of the following:

6 (1) fees as established by the Office;

7 (2) evidence of current registration as an Illinois

8 corporation or other business entity and, when applicable,

9 evidence of compliance with the Assumed Business Name Act;

10 if the corporation or business entity does not have

11 evidence of current registration, such as a Secretary of

12 State issued Certificate of Good Standing, the Office has

13 the authority to deny or revoke the license of such a

14 corporation or business entity;

15 (3) evidence of financial responsibility in a minimum

16 amount of $1,000,000 through liability insurance,

17 self-insurance, group insurance, group self-insurance, or

18 risk retention groups that must include completed

19 operations and environmental impairment; and

20 (4) evidence of compliance with the qualifications and

21 standards established by the Office.

22 (b) The contractor must possess a license from the Office

23 to perform the following types of activity:

24 (1) installation of underground storage tanks;

25 (2) repair of USTs, which shall include retrofitting

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1 and installation of cathodic protection systems;

2 (3) decommissioning of USTs including abandonment in

3 place;

4 (4) relining of USTs;

5 (5) tank and piping tightness testing;

6 (6) testing of cathodic protection systems; and

7 (7) any other category established by the Office of

8 the State Fire Marshal.

9 (c) (Blank).

10 (Source: P.A. 97-428, eff. 8-16-11.)

11 (225 ILCS 729/45)

12 (Section scheduled to be repealed on January 1, 2022)

13 Sec. 45. Issuance of license; renewal.

14 (a) The State Fire Marshal shall, upon the applicant's

15 satisfactory completion of the requirements authorized under

16 this Act, and upon receipt of the requisite fees, issue the

17 appropriate license showing the name and business location of

18 the licensee and the dates of issuance and expiration.

19 (b) Each licensee may apply for renewal of his or her

20 license upon payment of the requisite fee. The expiration date

21 and renewal period for each license issued under this Act

22 shall be set by rule. Failure to renew by the expiration date

23 shall cause the license to lapse. A lapsed license may not be

24 reinstated until an ~~a written~~application is filed, the

25 renewal fee is paid, and a $50 reinstatement fee is paid. The

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1 renewal and reinstatement fees shall be waived for persons who

2 did not renew while on active duty in the military and who file

3 for renewal or restoration within one year after discharge

4 from the active duty service.

5 (c) All fees paid pursuant to this Act are non-refundable.

6 This shall not preclude the State Fire Marshal from refunding

7 accidental overpayment of fees.

8 (Source: P.A. 97-428, eff. 8-16-11.)

9 (225 ILCS 729/60)

10 (Section scheduled to be repealed on January 1, 2022)

11 Sec. 60. License renewal; display of license; inspection.

12 (a) As a condition of renewal of a license, the State Fire

13 Marshal may require the licensee to report information

14 pertaining to his or her practice that the State Fire Marshal

15 determines to be in the interest of public safety.

16 (b) A licensee shall report a change in home or office

17 address within 10 days.

18 (c) Each licensee shall prominently display his or her

19 license to practice at each place from which the practice is

20 being performed. If more than one location is used, branch

21 office certificates shall be issued upon payment of the fees

22 to be established by the State Fire Marshal.

23 (d) ~~If a license or certificate is lost, a duplicate shall~~

24 ~~be issued upon payment of the required fee to be established by~~

25 ~~the State Fire Marshal.~~If a licensee wishes to change his or

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1 her name, the State Fire Marshal shall issue a license in the

2 new name upon payment of the required fee and upon receipt of

3 satisfactory proof that the change was done in accordance with

4 law.

5 (e) Each licensee shall permit his or her facilities to be

6 inspected by representatives of the Office of the State Fire

7 Marshal.

8 (Source: P.A. 97-428, eff. 8-16-11.)

9 (225 ILCS 729/65)

10 (Section scheduled to be repealed on January 1, 2022)

11 Sec. 65. Disciplinary actions. Licensees shall be subject

12 to disciplinary action for any of the following:

13 (1) obtaining or renewing a license by the use of

14 fraud or material deception;

15 (2) being professionally incompetent as manifested by

16 poor standards of service;

17 (3) engaging in dishonorable, unethical, or

18 unprofessional conduct of a character likely to deceive,

19 defraud, or harm the public in the course of professional

20 services or activities;

21 (4) being convicted of a crime that has a substantial

22 relationship to his or her practice or an essential

23 element of which is misstatement, fraud, or dishonesty,

24 being convicted in this or another state of any crime that

25 is a felony under the laws of Illinois or of that state, or

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1 being convicted of a felony in a federal court, unless the

2 licensee demonstrates that he or she has been sufficiently

3 rehabilitated to warrant the public trust;

4 (5) performing any service in a grossly negligent

5 manner or permitting any licensed employee to perform

6 services in a grossly negligent manner, regardless of

7 whether actual damage or damage to the public is

8 established;

9 (6) (blank); ~~being a habitual drunk or having a~~

10 ~~habitual addiction to the use of morphine, cocaine,~~

11 ~~controlled substances, or other habit-forming drugs;~~

12 (7) willfully receiving compensation, directly or

13 indirectly, for any professional service not actually

14 rendered;

15 (8) having disciplinary action taken against his or

16 her license in another State;

17 (9) contracting or assisting unlicensed persons to

18 perform services for which a license is required under

19 this Act;

20 (10) permitting the use of his or her license to

21 enable an unlicensed person or agency to operate as a

22 licensee;

23 (11) performing and charging for services without

24 having authorization to do so from the member of the

25 public being served; or

26 (12) failing to comply with any provision of this Act

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1 or the rules adopted under this Act.

2 (Source: P.A. 92-618, eff. 7-11-02.)

3 (225 ILCS 729/73 new)

4 Sec. 73. Citations.

5 (a) The Office of the State Fire Marshal may adopt rules to

6 permit the issuance of citations for certain violations of

7 this Act or the rules adopted under this Act. The citation

8 shall be issued to the licensee and shall contain the

9 licensee's name and address, the licensee's license number, a

10 brief factual statement, the Sections of the law or rules

11 allegedly violated, and the penalty imposed. The citation must

12 clearly state that the licensee may choose, in lieu of

13 accepting the citation, to request a hearing to appeal the

14 citation. If the licensee does not file a written appeal of the

15 citation with the Office of the State Fire Marshal within 15

16 days after the citation is served, then the citation shall

17 become a final order imposing a monetary penalty. The penalty

18 shall be a monetary civil fine. In the event of a timely

19 written appeal, the Office of the State Fire Marshal shall

20 conduct an administrative hearing governed by the Illinois

21 Administrative Procedure Act and enter an order to sustain,

22 modify, or revoke such citation. Any appeal from such hearing

23 order shall be to the circuit court of the county in which the

24 violation took place and shall be governed by the

25 Administrative Review Law.

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1 (b) The Office of the State Fire Marshal shall adopt rules

2 designating violations for which a citation may be issued,

3 which may specify separate hearing procedures for appeals of

4 such citations so long as the hearing procedures are not

5 inconsistent with the Illinois Administrative Procedure Act.

6 (c) Service of a citation may be made by personal service

7 or certified mail to the licensee at the licensee's last known

8 address as listed with the Office of the State Fire Marshal.

9 Section 100. The Mercury Thermostat Collection Act is

10 amended by changing Section 55 as follows:

11 (415 ILCS 98/55)

12 (Section scheduled to be repealed on January 1, 2022)

13 Sec. 55. Repealer. This Act is repealed on January 1, 2023

14 ~~2022~~.

15 (Source: P.A. 101-639, eff. 6-12-20.)

16 Section 105. The Professional Service Corporation Act is

17 amended by changing Section 3.6 as follows:

18 (805 ILCS 10/3.6) (from Ch. 32, par. 415-3.6)

19 Sec. 3.6. "Related professions" and "related professional

20 services" mean more than one personal service which requires

21 as a condition precedent to the rendering thereof the

22 obtaining of a license and which prior to October 1, 1973 could

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1 not be performed by a corporation by reason of law; provided,

2 however, that these terms shall be restricted to:

3 (1) a combination of 2 or more of the following

4 personal services: (a) "architecture" as defined in

5 Section 5 of the Illinois Architecture Practice Act of

6 1989, (b) "professional engineering" as defined in Section

7 4 of the Professional Engineering Practice Act of 1989,

8 (c) "structural engineering" as defined in Section 5 of

9 the Structural Engineering Practice Act of 1989, (d) "land

10 surveying" as defined in Section 2 of the Illinois

11 Professional Land Surveyor Act of 1989;

12 (2) a combination of the following personal services:

13 (a) the practice of medicine by persons licensed under the

14 Medical Practice Act of 1987, (b) the practice of podiatry

15 as defined in the Podiatric Medical Practice Act of 1987,

16 (c) the practice of dentistry as defined in the Illinois

17 Dental Practice Act, (d) the practice of optometry as

18 defined in the Illinois Optometric Practice Act of 1987;

19 (3) a combination of 2 or more of the following

20 personal services: (a) the practice of clinical psychology

21 by persons licensed under the Clinical Psychologist

22 Licensing Act, (b) the practice of social work or clinical

23 social work by persons licensed under the Clinical Social

24 Work and Social Work Practice Act, (c) the practice of

25 marriage and family therapy by persons licensed under the

26 Marriage and Family Therapy Licensing Act, (d) the

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1 practice of professional counseling or clinical

2 professional counseling by persons licensed under the

3 Professional Counselor and Clinical Professional Counselor

4 Licensing and Practice Act, or (e) the practice of sex

5 offender evaluations by persons licensed under the Sex

6 Offender Evaluation and Treatment Provider Act; or

7 (4) a combination of 2 or more of the following

8 personal services: (a) the practice of acupuncture by

9 persons licensed under the Acupuncture Practice Act, (b)

10 the practice of massage by persons licensed under the

11 Massage Therapy Practice ~~Licensing~~ Act, (c) the practice

12 of naprapathy by persons licensed under the Naprapathic

13 Practice Act, (d) the practice of occupational therapy by

14 persons licensed under the Illinois Occupational Therapy

15 Practice Act, (e) the practice of physical therapy by

16 persons licensed under the Illinois Physical Therapy Act,

17 or (f) the practice of speech-language therapy by persons

18 licensed under the Illinois Speech-Language Pathology and

19 Audiology Practice Act.

20 (Source: P.A. 101-95, eff. 7-19-19.)

21 Section 999. Effective date. This Act takes effect January

22 1, 2022, except that this Section and Sections 5, 10, 40, and

23 45 take effect upon becoming law.".