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| Public Act 100-0796 | ||||
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Regulatory Sunset Act is amended by changing | ||||
Section 4.29 and adding Section 4.39 as follows: | ||||
(5 ILCS 80/4.29) | ||||
Sec. 4.29. Acts repealed on January 1, 2019 and December | ||||
31, 2019. | ||||
(a) The following Act is repealed on January 1, 2019: | ||||
The Environmental Health Practitioner Licensing Act. | ||||
(b) The following Acts are repealed on December 31, 2019: | ||||
The Medical Practice Act of 1987. | ||||
The Structural Pest Control Act.
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(Source: P.A. 100-429, eff. 8-25-17.) | ||||
(5 ILCS 80/4.39 new) | ||||
Sec. 4.39. Act repealed on January 1, 2029. The following | ||||
Act is repealed on January 1, 2029: | ||||
The Environmental Health Practitioner Licensing Act. | ||||
Section 10. The Environmental Health Practitioner | ||||
Licensing Act is amended by changing Sections 10, 18, 19, 31, | ||||
35, 60, 65, 70, 75, 80, 85, 90, 95, 100, 105, 115, 125, and 130 | ||||
and by adding Sections 11 and 123 as follows:
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(225 ILCS 37/10)
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(Section scheduled to be repealed on January 1, 2019)
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Sec. 10. Definitions. As used in this Act:
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"Address of record" means the designated address recorded | ||
by the Department in the applicant's application file or the | ||
licensee's license file maintained by the Department's | ||
licensure maintenance unit. | ||
"Board" means the Board of Environmental Health | ||
Practitioners as created
in this Act.
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"Department" means the Department of Financial and | ||
Professional Regulation.
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"Director" means the Director of Professional Regulation.
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"Email address of record" means the designated email | ||
address recorded by the Department in the applicant's | ||
application file or the licensee's license file maintained by | ||
the Department's licensure maintenance unit. | ||
"Environmental health inspector" means an individual who, | ||
in support
of and under the general supervision of a licensed | ||
environmental health
practitioner or licensed professional | ||
engineer, practices environmental
health and meets the | ||
educational qualifications of an environmental health
| ||
inspector.
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"Environmental health practice" is the practice of | ||
environmental
health by licensed environmental health | ||
practitioners within the meaning
of this Act and includes, but | ||
is not limited to, the following areas of
professional | ||
activities: milk and food sanitation; protection and | ||
regulation
of private water supplies; private waste water | ||
management; domestic solid
waste disposal practices; | ||
institutional health and safety; and consultation
and | ||
education in these fields.
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"Environmental health practitioner in training" means a | ||
person licensed
under this Act who meets the educational | ||
qualifications of a licensed
environmental health practitioner | ||
and practices environmental health in
support of and under the | ||
general supervision of a licensed environmental
health | ||
practitioner or licensed professional engineer, but has not | ||
passed the
licensed environmental health practitioner | ||
examination administered by the
Department.
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"License" means the authorization issued by the Department | ||
permitting the
person named on the authorization to practice | ||
environmental health as
defined in this Act.
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"Licensed environmental health practitioner" is a person | ||
who,
by virtue of education and experience in the physical, | ||
chemical,
biological, and environmental health sciences, is | ||
especially trained to
organize, implement, and manage | ||
environmental health programs, trained to
carry out education | ||
and enforcement activities for the promotion and
protection of | ||
the public health and environment, and is licensed as an
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environmental health practitioner under this Act. | ||
"Secretary" means the Secretary of Financial and | ||
Professional Regulation.
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(Source: P.A. 100-201, eff. 8-18-17.)
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(225 ILCS 37/11 new) | ||
Sec. 11. Address of record; email address of record. All | ||
applicants and licensees shall: | ||
(1) provide a valid address and email address to the | ||
Department, which shall serve as the address of record and | ||
email address of record, respectively, at the time of | ||
application for licensure or renewal of a license; and | ||
(2) inform the Department of any change of address of | ||
record or email address of record within 14 days after such | ||
change either through the Department's website or by | ||
contacting the Department's licensure maintenance unit.
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(225 ILCS 37/18)
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(Section scheduled to be repealed on January 1, 2019)
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Sec. 18. Board of Environmental Health Practitioners. The | ||
Board of
Environmental Health Practitioners is created and | ||
shall exercise its duties as
provided in this Act. The Board | ||
shall consist of 5 members appointed
by the Secretary
Director. | ||
Of the 5 members, 3 shall be environmental
health | ||
practitioners, one
a Public Health Administrator who meets the | ||
minimum qualifications for public
health personnel employed by | ||
full time local health departments as prescribed
by the | ||
Illinois Department of Public Health and is actively engaged in | ||
the
administration of a local health department within this | ||
State, and one
member
of the general public. In making the | ||
appointments to the Board, the Secretary Director
shall | ||
consider the recommendations of related professional and trade
| ||
associations including the Illinois Environmental Health | ||
Association and the
Illinois Public Health Association and of | ||
the Director of Public
Health. Each of the environmental health | ||
practitioners shall have at least 5
years of full time | ||
employment in the field of environmental health practice
before | ||
the date of appointment. Each appointee filling the seat of an
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environmental health practitioner appointed to the Board must | ||
be licensed under
this Act.
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The membership of the Board shall reasonably reflect | ||
representation from the
various geographic areas of the State.
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A vacancy in the membership of the Board shall not impair | ||
the right of a
quorum to exercise all the rights and perform | ||
all the duties of the Board.
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The members of the Board are entitled to receive | ||
reimbursement for as compensation a reasonable
sum
as | ||
determined by the Director for each day actually engaged in the | ||
duties of
the office and all legitimate and necessary expenses | ||
incurred in attending the
meetings of the Board.
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A member Members of the Board shall have no liability be | ||
immune from suit in any action based upon any
disciplinary | ||
proceedings or other activity activities performed in good | ||
faith as a member members
of the Board.
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The Secretary Director may remove any member of the Board | ||
for any cause that, in the
opinion of the Secretary Director, | ||
reasonably justifies termination.
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(Source: P.A. 91-724, eff. 6-2-00; 91-798, eff. 7-9-00; 92-837, | ||
eff. 8-22-02.)
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(225 ILCS 37/19)
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(Section scheduled to be repealed on January 1, 2019)
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Sec. 19. Requirements of approval by Board of Environmental | ||
Health
Practitioners. The Secretary Director may consider the | ||
recommendations of the Board in
establishing guidelines for | ||
professional conduct, for the conduct of formal
disciplinary | ||
proceedings brought under this Act, and for establishing
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guidelines for qualifications and examinations of applicants. | ||
Notice of
proposed rulemaking shall be transmitted to the | ||
Board. The Department shall
review the response of the Board | ||
and its recommendations. The Department, at
any time, may seek | ||
the expert advice and knowledge of the Board on any matter
| ||
relating to the administration or enforcement of this Act.
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(Source: P.A. 89-61, eff. 6-30-95.)
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(225 ILCS 37/31)
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(Section scheduled to be repealed on January 1, 2019)
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Sec. 31. Checks or orders dishonored. A person who issues | ||
or delivers a
check or other order to the Department that is | ||
returned to the Department
unpaid by the financial institution | ||
upon which it is drawn shall pay to the
Department, in addition | ||
to the amount already owed to the Department, a fine of
$50. | ||
The fines
imposed by this Section are in addition to any other | ||
discipline provided under
this Act prohibiting unlicensed | ||
practice or practice on a nonrenewed license.
The Department | ||
shall notify the person that payment of fees and fines shall be
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paid to the Department by certified check or money order within | ||
30 calendar
days after notification. If, after the expiration | ||
of 30 days from the date of
the notification, the person fails | ||
to submit the necessary remittance,
the Department shall | ||
automatically terminate the license or certification or
deny | ||
the application, without hearing. If, after termination or | ||
denial, the
person seeks a license or certificate, he or she | ||
shall apply to the Department
for restoration or issuance of a | ||
license or certificate and pay all fees and
fines due to the | ||
Department. The Department may establish a fee for the
| ||
processing of an application for restoration of a license to | ||
pay all costs and
expenses of processing of this application. | ||
The Secretary Director may waive the fines
due under this | ||
Section in individual cases where the Secretary Director finds | ||
that the
fines would be unnecessarily burdensome.
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(Source: P.A. 92-146, eff. 1-1-02.)
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(225 ILCS 37/35)
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(Section scheduled to be repealed on January 1, 2019)
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Sec. 35. Grounds for discipline.
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(a) The Department may refuse to issue or renew, or may | ||
revoke, suspend,
place on probation, reprimand, or take other | ||
disciplinary action with regard to
any license issued under | ||
this Act as the Department may consider proper,
including the | ||
imposition of fines not to exceed $5,000 for each violation, | ||
for
any one or combination of the following causes:
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(1) Material misstatement in furnishing information to | ||
the Department.
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(2) Violations of this Act or its rules.
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(3) Conviction by plea of guilty or nolo contendere, | ||
finding of guilt, jury verdict, or entry of judgment or | ||
sentencing, including, but not limited to, convictions, | ||
preceding sentences of supervision, conditional discharge, | ||
or first offender probation, under the laws of any | ||
jurisdiction of the United States that is (i) a felony or | ||
(ii) a misdemeanor, an essential element of which is | ||
dishonesty, or that is directly related to the practice of | ||
the profession. Conviction of any felony under the laws of | ||
any U.S. jurisdiction, any
misdemeanor an essential | ||
element of which is dishonesty, or any crime that is
| ||
directly related to the practice of the profession.
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(4) Making any misrepresentation for the purpose of | ||
obtaining a
certificate of registration.
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(5) Professional incompetence.
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(6) Aiding or assisting another person in violating any | ||
provision of this
Act or its rules.
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(7) Failing to provide information within 60 days in | ||
response to a written
request made by the Department.
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(8) Engaging in dishonorable, unethical, or | ||
unprofessional conduct of a
character likely to deceive, | ||
defraud, or harm the public as defined by rules of
the | ||
Department.
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(9) Habitual or excessive use or addiction to alcohol, | ||
narcotics,
stimulants, or any other chemical agent or drug | ||
that results in an
environmental health practitioner's | ||
inability to practice with reasonable
judgment, skill, or | ||
safety.
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(10) Discipline by another U.S. jurisdiction or | ||
foreign nation, if at
least one of the grounds for a | ||
discipline is the same or substantially
equivalent to those | ||
set forth in this Act.
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(11) A finding by the Department that the registrant, | ||
after having his or
her license placed on probationary | ||
status, has violated the terms of
probation.
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(12) Willfully making or filing false records or | ||
reports in his or her
practice, including, but not limited | ||
to, false records filed with State
agencies or departments.
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(13) Physical illness, including, but not limited to, | ||
deterioration
through the aging process or loss of motor | ||
skills that result in the inability
to practice the | ||
profession with reasonable judgment, skill, or safety.
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(14) Failure to comply with rules promulgated by the
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Illinois Department of Public Health or other State | ||
agencies related to the
practice of environmental health.
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(15) The Department shall deny any application for a | ||
license or renewal of
a license under this Act, without | ||
hearing, to a person who has defaulted on an
educational | ||
loan guaranteed by the Illinois Student Assistance | ||
Commission;
however, the Department may issue a license or | ||
renewal of a license if the
person in default has | ||
established a satisfactory repayment record as determined
| ||
by the Illinois Student Assistance
Commission.
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(16) Solicitation of professional services by using | ||
false or misleading
advertising.
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(17) A finding that the license has been applied for or | ||
obtained by
fraudulent means.
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(18) Practicing or attempting to practice under a name | ||
other than the full
name as shown on the license or any | ||
other legally authorized name.
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(19) Gross overcharging for professional services | ||
including filing
statements for collection of fees or | ||
moneys for which services are not
rendered.
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(b) The Department may refuse to issue or may suspend the | ||
license of any
person who fails to (i) file a return, (ii) pay | ||
the tax, penalty, or interest
shown in a filed return; or (iii) | ||
pay any final assessment of the tax, penalty,
or interest as | ||
required by any tax Act administered by the Illinois Department
| ||
of Revenue until the requirements of the tax Act are satisfied.
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(c) The determination by a circuit court that a licensee is | ||
subject
to involuntary admission or judicial admission to a | ||
mental health facility as
provided in the Mental Health and | ||
Developmental Disabilities Code operates as
an automatic | ||
suspension. The suspension may end only upon a finding by a | ||
court
that the licensee is no longer subject to involuntary | ||
admission or judicial
admission, the issuance of an order so | ||
finding and discharging the patient, and
the recommendation of | ||
the Board to the Secretary Director that the licensee be | ||
allowed to
resume practice.
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(d) In enforcing this Section, the Department, upon a | ||
showing of a
possible
violation, may compel any person licensed | ||
to practice under this Act or who has
applied
for licensure or | ||
certification pursuant to this Act to submit to a mental or
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physical
examination, or both, as required by and at the | ||
expense of the Department. The
examining physicians shall be | ||
those specifically
designated by
the Department. The | ||
Department may order the examining physician
to present | ||
testimony concerning this mental or
physical
examination of the
| ||
licensee or applicant. No information shall be excluded by | ||
reason of any
common law or
statutory privilege relating to | ||
communications between the licensee or
applicant and the
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examining physician. The person to be examined may
have, at his
| ||
or her own expense, another physician of his or her
choice
| ||
present during all aspects of the examination. Failure of any | ||
person to submit
to a mental
or physical examination, when | ||
directed, shall be grounds for suspension of a
license until
| ||
the person submits to the examination if the Department finds, | ||
after notice and
hearing,
that the refusal to submit to the | ||
examination was without reasonable cause.
| ||
If the Department finds an individual unable to practice | ||
because of the
reasons set
forth in this Section, the | ||
Department may require that individual to submit to
care,
| ||
counseling, or treatment by physicians approved or designated | ||
by the
Department, as a
condition, term, or restriction for | ||
continued, restored reinstated, or renewed licensure
to | ||
practice
or, in lieu of care, counseling, or treatment, the | ||
Department may file a
complaint to
immediately suspend, revoke, | ||
or otherwise discipline the license of the
individual.
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Any person whose license was granted, continued, restored | ||
reinstated, renewed,
disciplined, or supervised subject to | ||
such terms, conditions, or restrictions
and
who fails to comply | ||
with such terms, conditions, or restrictions shall be
referred | ||
to
the Secretary Director for a determination as to whether the | ||
person shall have his or her
license suspended immediately, | ||
pending a hearing by the Department.
| ||
In instances in which the Secretary Director immediately | ||
suspends a person's license
under this Section, a hearing on | ||
that person's license must be convened by the
Department within | ||
15 days after the suspension and completed without
appreciable | ||
delay. The Department shall have the authority to review the
| ||
subject
person's record of treatment and counseling regarding | ||
the impairment, to the
extent permitted by applicable federal | ||
statutes and regulations safeguarding
the
confidentiality of | ||
medical records.
| ||
A person licensed under this Act and affected under this | ||
Section shall be
afforded an opportunity to demonstrate to the | ||
Department that he or she can
resume practice in compliance | ||
with acceptable and prevailing standards under
the
provisions | ||
of his or her license.
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(Source: P.A. 92-837, eff. 8-22-02.)
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(225 ILCS 37/60)
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(Section scheduled to be repealed on January 1, 2019)
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Sec. 60. Violations; injunctions; cease and desist order.
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(a) If a person violates a provision of this Act, the | ||
Secretary Director may, in
the name of the People of the State | ||
of Illinois, through the Attorney General
of the State of | ||
Illinois, petition for an order enjoining the violation or for
| ||
any order enforcing compliance with this Act. Upon the filing | ||
of a verified
petition in court, the court may issue a | ||
temporary restraining order, without
notice or bond, and may | ||
preliminarily and permanently enjoin the violation.
If it is | ||
established that the person has violated or is violating the
| ||
injunction,
the Court may punish the offender for contempt of | ||
court. Proceedings under this
Section are in addition to, and | ||
not in lieu of, all other remedies and
penalties provided by | ||
this Act.
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(b) (Blank). If a person practices as an environmental | ||
health practitioner or
holds himself or herself out as such | ||
without having a valid license under this
Act, then a licensee, | ||
an interested party, or a person injured thereby may,
in | ||
addition to the Director, petition for relief as provided in | ||
subsection (a)
of this Section.
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(c) Whenever in the opinion of the Department a person | ||
violates a
provision of this Act, the Department may issue a | ||
rule to show cause why an
order to cease and desist should not | ||
be entered against him or her. The rule
shall clearly set forth | ||
the grounds relied upon by the Department and shall
provide a | ||
period of 7 days from the date of the rule to file an answer to | ||
the
satisfaction of the Department. Failure to answer to the | ||
satisfaction of the
Department shall cause an order to cease | ||
and desist to be issued immediately.
| ||
(Source: P.A. 89-61, eff. 6-30-95.)
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(225 ILCS 37/65)
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(Section scheduled to be repealed on January 1, 2019)
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Sec. 65. Investigation; notice; hearing. The Department | ||
may investigate
the actions of an applicant or a person or | ||
persons holding or claiming to
hold a license. Before refusing | ||
to issue, refusing to renew, or taking any
disciplinary action | ||
regarding a license, the Department shall, at least 30 days
| ||
before the date set for the hearing, notify in writing the | ||
applicant for, or
holder of, a license of the nature of any | ||
charges and that a hearing will be
held on a date designated. | ||
The Department shall direct the applicant or
licensee to file a | ||
written answer with the Board under oath within 20 days
after | ||
the service of the notice and inform the applicant or licensee | ||
that
failure to file an answer shall result in default being | ||
taken against the
applicant or licensee and that the license | ||
may be suspended, revoked, or placed
on probationary status, or | ||
that other disciplinary action may be taken,
including limiting | ||
the scope, nature, or extent of practice, as the Secretary | ||
Director
may
consider proper. Written notice may be served by | ||
personal delivery, or
certified or
registered mail, or email to | ||
the applicant or licensee respondent at the address of his or | ||
her address of record or email address of record last
| ||
notification to the Department. If the person fails to file an | ||
answer after
receiving notice, his or her license or | ||
certificate may, in the discretion of
the Department, be | ||
suspended, revoked, or placed on probationary
status or the | ||
Department may take any disciplinary action considered proper,
| ||
including
limiting the scope, nature, or extent of the person's | ||
practice or the
imposition of a fine, without a hearing, if the | ||
act or acts charged constitute
sufficient grounds for such | ||
action under this Act. At the time and place fixed
in the | ||
notice, the Board shall proceed to hear the charges and the | ||
parties or
their counsel shall be accorded ample opportunity to | ||
present statements,
testimony, evidence, and arguments as may | ||
be pertinent to the charges or to
their
defense. The Board may | ||
continue a hearing from time to time.
| ||
(Source: P.A. 89-61, eff. 6-30-95.)
| ||
(225 ILCS 37/70)
| ||
(Section scheduled to be repealed on January 1, 2019)
| ||
Sec. 70. Records of proceeding. The Department, at its | ||
expense, shall
preserve a record of all proceedings at the | ||
formal hearing of any case. The
notice of hearing, complaint, | ||
and all other documents in the nature of
pleadings, written | ||
motions filed in the proceedings, transcripts of
testimony, | ||
reports of the Board and orders of the Department shall be in | ||
the
record of the proceedings. The Department shall furnish a | ||
transcript of the
record to any person interested in the | ||
hearing upon payment of the fee required
under Section 2105-115 | ||
of the Department of Professional
Regulation
Law (20 ILCS | ||
2105/2105-115).
| ||
(Source: P.A. 91-239, eff. 1-1-00.)
| ||
(225 ILCS 37/75)
| ||
(Section scheduled to be repealed on January 1, 2019)
| ||
Sec. 75. Subpoenas; oaths; attendance of witnesses. The | ||
Department has the
power to subpoena and to bring before it any | ||
person and to take testimony
either orally or by deposition, or | ||
both, with the same fees and mileage and in
the same manner as | ||
prescribed in civil cases in the courts of this State.
| ||
The Secretary Director, the designated hearing officer, | ||
and every member of the Board
has the power to administer oaths | ||
to witnesses at any hearing that the
Department is authorized | ||
to conduct and any other oaths authorized in any Act
| ||
administered by the Department.
| ||
(Source: P.A. 89-61, eff. 6-30-95.)
| ||
(225 ILCS 37/80)
| ||
(Section scheduled to be repealed on January 1, 2019)
| ||
Sec. 80. Recommendations for disciplinary action. At the | ||
conclusion of
the hearing, the Board shall present to the | ||
Secretary Director a written report of its
findings and | ||
recommendations. The report shall contain a finding whether or
| ||
not the licensee violated this Act or failed to comply with the | ||
conditions
required in this Act. The Board shall specify the | ||
nature of the violation or
failure to comply and shall make its | ||
recommendations to the Secretary Director.
| ||
The report of findings, conclusions of law, and | ||
recommendations of the Board
shall be the basis for the | ||
Department's order for refusal to issue or for the
granting of | ||
a license or for any disciplinary action. If the Secretary | ||
Director
disagrees with the recommendation of the Board, the | ||
Secretary Director may issue an
order in contravention of the | ||
Board's report. The finding is not admissible
in evidence | ||
against the person in a criminal prosecution brought for
| ||
violation of this Act, but the hearing and findings are not a | ||
bar to criminal
prosecution brought for violation of this Act.
| ||
(Source: P.A. 89-61, eff. 6-30-95.)
| ||
(225 ILCS 37/85)
| ||
(Section scheduled to be repealed on January 1, 2019)
| ||
Sec. 85. Rehearing. In any hearing involving disciplinary | ||
action against
an applicant or licensee, a copy of the Board's | ||
report shall be served upon the
applicant or licensee by the | ||
Department, either personally or as provided in
this Act for | ||
the service of the notice of hearing. Within 20 calendar days
| ||
after service, the applicant or licensee may present to the | ||
Department a motion
in writing for a rehearing that shall | ||
specify the particular grounds for
rehearing. If no motion for | ||
rehearing is filed, then upon the expiration of
the time | ||
specified for filing a motion, or if a motion for rehearing is | ||
denied,
then upon denial, the Secretary Director may enter an | ||
order in accordance with
recommendations of the Board, except | ||
as provided in this Act. If the applicant
or licensee orders | ||
from the reporting service, and pays for a transcript of the
| ||
record within the time for filing a motion for rehearing, the | ||
20 calendar
day period within which a motion may be filed shall | ||
commence upon the delivery
of the transcript to the respondent.
| ||
(Source: P.A. 88-670, eff. 12-2-94; 89-61, eff. 6-30-95.)
| ||
(225 ILCS 37/90)
| ||
(Section scheduled to be repealed on January 1, 2019)
| ||
Sec. 90. Rehearing Hearing by other examiner. Whenever the | ||
Secretary Director is not
satisfied that substantial justice | ||
has been done in the revocation, suspension,
or refusal to | ||
issue or renew a license, the Secretary Director may order a | ||
rehearing by
the same or other examiners.
| ||
(Source: P.A. 88-683, eff. 1-24-95; 89-61, eff. 6-30-95; | ||
89-626, eff.
8-9-96.)
| ||
(225 ILCS 37/95)
| ||
(Section scheduled to be repealed on January 1, 2019)
| ||
Sec. 95. Appointment of hearing officer. The Secretary | ||
Director has the authority
to appoint any attorney duly | ||
licensed to practice law in the State of Illinois
to serve as | ||
the hearing officer in any action for Departmental refusal to | ||
issue
a license, renew a license, or to discipline a licensee. | ||
The hearing officer
has full authority to conduct the hearing. | ||
At least one member of the Board
shall attend each hearing. The | ||
hearing officer shall report the findings of
fact,
conclusions | ||
of law, and recommendations to the Board and the Secretary | ||
Director. The
Board has 60 calendar days from receipt of the | ||
report to review the report of
the hearing officer and present | ||
its findings of fact, conclusions of law, and
recommendations | ||
to the Secretary Director. If the Board fails to present its | ||
report
within the 60 calendar day period, the Secretary | ||
Director may issue an order based on the
report of
the hearing | ||
officer. If the Secretary Director disagrees with the | ||
recommendation of the
Board or the hearing officer, the | ||
Secretary Director may issue an order in contravention
of the | ||
recommendation.
| ||
(Source: P.A. 89-61, eff. 6-30-95.)
| ||
(225 ILCS 37/100)
| ||
(Section scheduled to be repealed on January 1, 2019)
| ||
Sec. 100. Order or certified copy. An order or a certified | ||
copy thereof,
over the seal of the Department and purporting to | ||
be signed by the Secretary Director,
shall be prima facie proof | ||
that:
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(1) the signature is the genuine signature of the Secretary | ||
Director;
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(2) the Secretary Director is duly appointed and qualified; | ||
and
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(3) the Board and its members are qualified to act.
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(Source: P.A. 89-61, eff. 6-30-95.)
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(225 ILCS 37/105)
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(Section scheduled to be repealed on January 1, 2019)
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Sec. 105. Restoration of suspended or revoked license. At | ||
any time after
the suspension or revocation of any license, the | ||
Department may restore the
license to the accused person upon | ||
the written recommendation of the Board,
unless after an | ||
investigation and a hearing the Board determines that
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restoration is not in the public interest. No person whose | ||
license has been revoked as authorized in this Act may apply | ||
for restoration of that license until such time as provided for | ||
in the Department of Professional Regulation Law of the Civil | ||
Administrative Code of Illinois. | ||
A license that has been suspended or revoked shall be | ||
considered nonrenewed for purposes of restoration and a person | ||
restoring his or her license from suspension or revocation must | ||
comply with the requirements for restoration of a nonrenewed | ||
license as set forth in Section 27 of this Act and any related | ||
rules adopted.
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(Source: P.A. 89-61, eff. 6-30-95.)
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(225 ILCS 37/115)
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(Section scheduled to be repealed on January 1, 2019)
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Sec. 115. Temporary suspension. The Secretary Director may | ||
summarily suspend the
license of an environmental health | ||
practitioner without a hearing,
simultaneously with the | ||
initiation of proceedings for a hearing provided for in
this | ||
Act, if the Secretary Director finds that evidence in his or | ||
her possession
indicates that an environmental health | ||
practitioner's continuation in practice
would constitute an | ||
imminent danger to the public. In the event that the Secretary
| ||
Director summarily suspends the license of an environmental | ||
health practitioner
without a hearing, a hearing by the Board | ||
must be commenced held within 30 calendar days
after the | ||
suspension has occurred.
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(Source: P.A. 89-61, eff. 6-30-95.)
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(225 ILCS 37/123 new) | ||
Sec. 123. Confidentiality. All information collected by | ||
the Department in the course of an examination or investigation | ||
of a licensee, registrant, or applicant, including, but not | ||
limited to, any complaint against a licensee or registrant | ||
filed with the Department and information collected to | ||
investigate any such complaint, shall be maintained for the | ||
confidential use of the Department and shall not be disclosed. | ||
The Department may not disclose the information to anyone other | ||
than law enforcement officials, other regulatory agencies that | ||
have an appropriate regulatory interest as determined by the | ||
Secretary, or a party presenting a lawful subpoena to the | ||
Department. Information and documents disclosed to a federal, | ||
State, county, or local law enforcement agency shall not be | ||
disclosed by the agency for any purpose to any other agency or | ||
person. A formal complaint filed against a licensee, | ||
registrant, or applicant by the Department or any order issued | ||
by the Department against a licensee, registrant, or applicant | ||
shall be a public record, except as otherwise prohibited by | ||
law.
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(225 ILCS 37/125)
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(Section scheduled to be repealed on January 1, 2019)
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Sec. 125. Certification of record; costs records. The | ||
Department shall not be required to certify a record to the | ||
court or file an answer in court or otherwise appear in a court | ||
in a judicial review proceeding, unless and until the | ||
Department has received from the plaintiff payment of the costs | ||
of furnishing and certifying the record, which costs shall be | ||
determined by the Department. Exhibits shall be certified | ||
without cost. Failure on the part of the plaintiff to file a | ||
receipt in court shall be grounds for dismissal of the action. | ||
The Department shall not be required
to certify any record to | ||
the court, to file any answer in court, or otherwise
appear in | ||
any court in a judicial review proceeding, unless there is | ||
filed in
the court, with the complaint, a receipt from the | ||
Department acknowledging
payment of the costs of furnishing and | ||
certifying the record. Failure on the
part of the plaintiff to | ||
file the receipt in court shall be grounds for
dismissal of the | ||
action.
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(Source: P.A. 89-61, eff. 6-30-95.)
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(225 ILCS 37/130)
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(Section scheduled to be repealed on January 1, 2019)
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Sec. 130. Illinois Administrative Procedure Act. The | ||
Illinois Administrative
Procedure Act is
expressly adopted and | ||
incorporated in this Act as if all of the provisions of
that | ||
Act were included in this Act, except that the provision of | ||
paragraph (c)
of Section 10-65 of the Illinois Administrative | ||
Procedure Act, which provides that
at hearings the certificate | ||
holder has the right to show compliance with all
lawful | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
requirements for retention, continuation, or renewal of the
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certificate, is specifically excluded. For the purpose of this | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Act, the notice
required under Section 10-25 of the Illinois | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Administrative Procedure Act is
deemed
sufficient when mailed | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
or emailed to the applicant or licensee at his or her last | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
known address of record or email address of record last known | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
address of a party.
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(Source: P.A. 99-642, eff. 7-28-16.)
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(225 ILCS 37/45 rep.)
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Section 15. The Environmental Health Practitioner | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Licensing Act is amended by repealing Section 45.
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Section 99. Effective date. This Act takes effect upon | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
becoming law.
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