Public Act 101-0310
 
SB0654 EnrolledLRB101 04415 JRG 49423 b



    AN ACT concerning regulation.

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




 
 
    Section 5. The Regulatory Sunset Act is amended by changing 
Section 4.30 and by adding Section 4.40 as follows:
 
    (5 ILCS 80/4.30)
    Sec. 4.30. Acts repealed on January 1, 2020. The following 
Acts are repealed on January 1, 2020:
    The Auction License Act.
    The Community Association Manager Licensing and 
Disciplinary Act.
    The Illinois Architecture Practice Act of 1989. 
    The Illinois Landscape Architecture Act of 1989. 
    The Illinois Professional Land Surveyor Act of 1989. 
    The Orthotics, Prosthetics, and Pedorthics Practice Act. 
    The Perfusionist Practice Act.

    The Pharmacy Practice Act. 
    The Professional Engineering Practice Act of 1989.
    The Real Estate License Act of 2000.
    The Structural Engineering Practice  Act of 1989.
(Source: P.A. 100-497, eff. 9-8-17; 100-534, eff. 9-22-17; 
100-863, eff. 8-14-18.)
 
    (5 ILCS 80/4.40 new)
    Sec. 4.40. Act repealed on January 1, 2030. The following 
Act is repealed on January 1, 2030:
    The Professional Engineering Practice Act of 1989.
 
    Section 10. The Professional Engineering Practice Act of 
1989 is amended  by changing Sections 3, 4, 5, 6, 7, 8, 9, 10, 
11, 12, 14, 15, 16, 17, 17.5, 18, 19, 20, 23, 24, 25, 26, 27, 
27.5, 29, 32, 33, 34, 37, 41, 44, 45, 47, and 48 and by adding 
Sections 4.5, 20.5, 20.10, and 31.5 as follows:
 



    (225 ILCS 325/3)  (from Ch. 111, par. 5203)



    (Section scheduled to be repealed on January 1, 2020)

    Sec. 3. Application of the Act; exemptions Exemptions. 

    (a) Nothing in this Act shall be construed to prevent the 
practice of
structural engineering as defined in the Structural

Engineering Practice Act of 1989 or the practice of

architecture
as defined in the Illinois Architecture Practice 
Act of 1989 or the
regular and customary practice of 
construction contracting and construction
management as 
performed by construction contractors.

    (b) Nothing in this Act shall be construed to prevent the 
regular and customary practice of a private alarm contractor 
licensed pursuant to the Private Detective, Private Alarm, 
Private Security, Fingerprint Vendor, and Locksmith Act of 
2004. 
    (c) Nothing in this Act shall be construed to prevent a 
fire sprinkler contractor licensed under the Fire Sprinkler 
Contractor Licensing Act from providing fire protection system 
layout documents. For the purpose of this subsection (c), "fire 
protection system layout documents" means layout drawings, 
catalog information on standard products, and other 
construction data that provide detail on the location of 
risers, cross mains, branch lines, sprinklers, piping per 
applicable standard, and hanger locations.  Fire protection 
system layout documents serve as a guide for fabrication and 
installation of a fire sprinkler system. 
    (d) A building permit for a building that requires a fire 
suppression system shall not be issued without the submission 
of a technical submission prepared and sealed by a licensed 
design professional. Fire protection system layout documents 
do not require an engineering seal if prepared by a technician 
who holds a valid NICET level 3 or 4 certification in fire 
protection technology, automatic sprinkler system layout. An 
authority having jurisdiction may not accept fire protection 
system layout documents in lieu of technical submissions. Fire 
protection system layout documents may be submitted as 
supporting documents to supplement technical submissions. 
However, in the event the fire protection system layout 
documents materially alter the technical submissions, the 
authority having jurisdiction shall return both the fire 
protection layout documents and technical submissions to the 
licensed design professional for review.
    (e) Nothing in this Act shall prevent:


        (1) Employees, including project representatives, of 
    professional
engineers lawfully practicing as sole owners, 
    partnerships or
corporations under this Act, from acting 
    under the direct supervision of
their employers.


        (2) The employment of owner's representatives by the 
    owner during the
constructing, adding to, or altering of a 
    project, or any parts thereof,
provided that such owner's 
    representative shall not have the authority
to deviate from 
    the technical submissions without the prior approval of
the 
    professional engineer for the project.


        (3) The practice of officers and employees of the 
    Government of the
United States while engaged within this 
    State in the practice of the
profession of engineering for 
    the Government.


        (4) Services performed by employees of a business 
    organization engaged
in utility, telecommunications, 
    industrial, or manufacturing operations, or by employees 
    of
laboratory research affiliates of such business 
    organization that which are
rendered in connection with the 
    fabrication or production, sale, and
installation of 
    products, systems, or nonengineering services of the

    business organization or its affiliates. 


        (5) Inspection, maintenance and service work done by 
    employees of the
State of Illinois, any political 
    subdivision thereof or any
municipality.


        (6) The activities performed by those ordinarily 
    designated as chief
engineer of plant operation, chief 
    operating engineer, locomotive,
stationary, marine, power 
    plant or hoisting and portable engineers,
electrical 
    maintenance or service engineers, personnel employed in

    connection with construction, operation or maintenance of 
    street
lighting, traffic control signals, police and fire 
    alarm systems,
waterworks, steam, electric, and sewage 
    treatment and disposal plants,
or the services ordinarily 
    performed by any worker regularly employed as
a locomotive, 
    stationary, marine, power plant, or hoisting and portable

    engineer or electrical maintenance or service engineer for 
    any
corporation, contractor or employer.


        (7) The activities performed by a person ordinarily 
    designated as
a supervising engineer or supervising 
    electrical maintenance or service
engineer who supervises 
    the operation of, or who operates, machinery or
equipment, 
    or who supervises construction or the installation of

    equipment within a plant that which is under such person's 
    immediate
supervision.


        (8) The services, for private use, of contractors or 
    owners in the
construction of engineering works or the 
    installation of equipment.

    (f) No officer, board, commission, or other public entity 
charged with
the enforcement of codes and ordinances involving 
a professional
engineering project shall accept for filing or 
approval any technical
submissions that do not bear the seal 
and signature of a professional
engineer licensed under this 
Act.


(Source: P.A. 96-626, eff. 8-24-09.)

 



    (225 ILCS 325/4)  (from Ch. 111, par. 5204)



    (Section scheduled to be repealed on January 1, 2020)

    Sec. 4. Definitions. As used in this Act:

    (a) "Address of record" means the designated address 
recorded by the Department in the applicant's or licensee's 
application file or license file maintained by the Department's 
licensure maintenance unit. It is the duty of the applicant or 
licensee to inform the Department of any change of address, and 
such changes must be made either through the Department's 
website or by directly contacting the Department. 
    (a-5) "Approved engineering curriculum" means
an 
engineering curriculum or program
of 4 academic years or more 
that which meets the standards established by the
rules of the 
Department.

    (b) "Board" means the State Board of Professional Engineers 
of the
Department.

    (c) "Department" means the Department of Financial and 
Professional Regulation.

    (d) "Design professional" means an architect, structural 
engineer,  or
professional engineer practicing in conformance 
with the Illinois
Architecture Practice Act of 1989, the 
Structural
Engineering Practice Act of 1989 or the
Professional 
Engineering Practice Act of 1989.

    (e) (Blank).

    (f) "Direct supervision/responsible charge" means work

prepared under the control of a licensed professional engineer 
or that
work as to which that professional engineer has 
detailed professional
knowledge. The Department may further 
define this term by rule. 

    (f-5)     "Email address of record" means the designated email 
address of record by the Department in the applicant's 
application file or the licensee's license file as maintained 
by the Department's licensure maintenance unit. 
    (g) "Engineering college" means a school, college, 
university,
department of a university or other educational 
institution, reputable
and in good standing in accordance with 
rules prescribed by the
Department, and which grants 
baccalaureate degrees in engineering.

    (h) "Engineering system or facility" means a system or 
facility whose
design is based upon the application of the 
principles of science for
the purpose of modification of 
natural states of being.

    (i) "Engineer intern" means a person who is a candidate for

licensure as a professional engineer and who has been enrolled 
as an
engineer intern.

    (j) "Enrollment" means an action by the Department to 
record those
individuals who have met the Department's 
requirements for an engineer
intern.

    (k) "License" means an official document issued by the 
Department to
an individual, a corporation, a partnership, a 
professional
service corporation, a limited liability company, 
or a sole proprietorship,
signifying authority to
practice.

    (l) "Negligence in the practice of professional 
engineering" means the
failure to exercise that degree of 
reasonable professional skill, judgment
and diligence normally 
rendered by professional engineers in the
practice of 
professional engineering.

    (m) "Professional engineer" means a person licensed under 
the laws
of the State of Illinois to practice professional 
engineering.

    (n) "Professional engineering" means the application of 
science to the
design of engineering systems and facilities 
using the knowledge,
skills, ability and professional judgment 
developed through professional
engineering education, training 
and experience.

    (o) "Professional engineering practice" means the 
consultation on,
conception, investigation, evaluation, 
planning, and design of, and
selection of materials to be used 
in, administration of
construction contracts for, or site 
observation of,
an engineering system
or facility, where such 
consultation, conception, investigation,
evaluation, planning, 
design, selection, administration, or observation
requires 
extensive knowledge of engineering laws, formulae, materials,

practice, and construction methods.  A person shall be construed 
to
practice or offer to practice professional engineering, 
within the
meaning and intent of this Act, who practices, or 
who, by verbal claim,
sign, advertisement, letterhead, card, or 
any other way, is represented
to be a professional engineer, or 
through the use of the initials "P.E."
or the title "engineer" 
or any of its derivations or some other title
implies licensure 
as a professional engineer, or holds himself or herself out as 
able to
perform any service which is recognized as professional 
engineering
practice.

    Examples of the practice of professional engineering 
include, but are not need
not be limited to, transportation 
facilities and publicly owned
utilities for a region or 
community,
railroads, railways, highways, subways, canals, 
harbors, river
improvements; land development; stormwater 
detention, retention, and conveyance, excluding structures 
defined under Section 5 of the Structural Engineering Practice 
Act of 1989 (225 ILCS 340/5); irrigation works; aircraft and 
airports; traffic engineering;
waterworks, piping systems, 
sewers, sewage disposal
works, storm sewer, sanitary sewer and 
water system modeling; plants for the generation of
power; 
devices for the utilization of power; boilers; refrigeration

plants, air conditioning systems and plants; heating systems 
and plants;
plants for the transmission or distribution of 
power; electrical plants
 which produce, transmit, distribute, 
or utilize electrical energy; works
for the extraction of 
minerals from the earth; plants for the refining,
alloying or 
treating of metals; chemical works and industrial plants

involving the use of chemicals and chemical processes; plants 
for the
production, conversion, or utilization of nuclear, 
chemical, or radiant
energy; forensic engineering, 
geotechnical engineering including,
subsurface investigations; 
soil and rock classification, geology and geohydrology,

incidental to the practice of professional engineering; 
geohydrological investigations, migration pathway analysis 
(including evaluation of building and site elements), soil and 
groundwater management zone analysis and design; energy

analysis, environmental risk assessments, corrective action 
plans, design, remediation, protection plans and systems, 
hazardous waste mitigation and control, and environmental 
control or remediation systems;
recognition, measurement, 
evaluation and control of environmental systems and
emissions; 
control systems, evaluation and design of engineered barriers, 
excluding structures defined under Section 5 of the Structural 
Engineering Practice Act of 1989 (225 ILCS 340/5); modeling of 
pollutants in water, soil, and air; engineering surveys of 
sites, facilities, and topography specific to a design project, 
not including land boundary establishment; automated building 
management systems; control or remediation systems; computer 
controlled or integrated systems; automatic fire notification 
and suppression systems; investigation and assessment of 
indoor air inhalation exposures and design of abatement and 
remediation systems;
or the provision of professional 
engineering site observation of the
construction of works and 
engineering systems. In the performance of any of the foregoing 
functions, a licensee shall adhere to the standards of 
professional conduct enumerated in 68 Ill. Adm. Code 1380.300.  
Nothing contained in
this Section imposes upon a person 
licensed under this Act the
responsibility for the performance 
of any of the foregoing functions
unless such person 
specifically contracts to provide it. Nothing in this Section 
shall preclude an employee from acting under the direct 
supervision or responsible charge of a licensed professional 
engineer. 

    (p) "Project representative" means the professional 
engineer's
representative at the project site who assists in 
the administration of
the construction contract.

    (q) "Registered" means the same as "licensed" for purposes 
of this Act.

    (r) "Related science curriculum" means a 4-year 4 year 
program of study, the
satisfactory completion of which results 
in a Bachelor of Science
degree, and which contains courses 
from such areas as life, earth,
engineering and computer 
sciences, including,  but not limited to, physics
and chemistry.  
In the study of these sciences, the objective is to
acquire 
fundamental knowledge about the nature of its phenomena,

including quantitative expression, appropriate to particular 
fields of
engineering.

    (s) "Rules" means the those rules adopted promulgated 
pursuant to this Act.

    (t) "Seal" means the seal in compliance with Section 14 of 
this Act.

    (t-5) "Secretary" means the Secretary of the Department of 
Financial and Professional Regulation. 
    (u) "Site observation" means is visitation of the 
construction site for the
purpose of reviewing, as available, 
the quality and conformance of the
work to the technical 
submissions as they relate to design.

    (v) "Support design professional" means a professional 
engineer
practicing in conformance with the Professional 
Engineering Practice Act
of 1989, who provides services to the 
design professional who has
contract responsibility.

    (w) "Technical submissions" are the designs, drawings, and 
specifications
 which establish the scope and standard of 
quality for materials, workmanship,
equipment, and systems. 
"Technical submissions" also includes, but are not limited to, 
studies, analyses, calculations, and other technical
reports 
prepared in the course of the practice of professional 
engineering or under the direct supervision and responsible 
charge of a licensed professional engineer.

(Source: P.A. 96-626, eff. 8-24-09.)

 
    (225 ILCS 325/4.5 new)
    Sec. 4.5. 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.
 



    (225 ILCS 325/5)  (from Ch. 111, par. 5205)



    (Section scheduled to be repealed on January 1, 2020)

    Sec. 5. Powers and duties of the Department. The Subject to 
the
provisions of this Act, the Department shall exercise, 
subject to the provisions of this Act, the following
functions, 
powers,  and duties:

        (a) Authorize examinations to ascertain the fitness 
    and qualifications of applicants for licensure and pass 
    upon the qualifications and fitness of applicants for 
    licensure by endorsement. To pass upon the qualifications 
    and conduct examinations of
applicants for licensure as 
    professional engineers or enrollment as
engineer interns 
    and pass upon the qualifications of applicants by

    endorsement and issue a license or enrollment to those who 
    are found to
be fit and qualified.

        (b) Adopt rules required for the administration of this 
    Act. To prescribe rules for the method, conduct and grading 
    of the
examination of applicants.

        (c) Conduct hearings on proceedings to refuse to issue 
    or renew, restore, revoke, or suspend licenses or place on 
    probation or reprimand persons or entities licensed under 
    the provisions of this Act. To register corporations, 
    partnerships, professional service
corporations,
limited 
    liability companies, and sole proprietorships
for the 
    practice of
professional engineering and issue a 
    certificate of registration to those who qualify.

        (d) Issue licenses to those who meet the requirements 
    of this Act. To conduct investigations and
hearings 
    regarding violations of this Act and take
disciplinary or 
    other actions as provided in this Act as a result of the

    proceedings.

        (e) Adopt To prescribe rules as to what shall 
    constitute a an professional engineering or
related 
    science curriculum and to determine if a specific 
    engineering
curriculum is in compliance with the rules, and 
    to terminate the
approval of a specific engineering 
    curriculum for non-compliance with
such rules.

        (f) Adopt rules for what constitutes professional 
    engineering experience. To promulgate rules required for 
    the administration of this Act,
including rules of 
    professional conduct.

        (g) Maintain To maintain membership in the National 
    Council of
Examiners for Engineering and Surveying
and 
    participate in activities of the Council by designation of

    individuals for the various classifications of membership, 
    the
appointment of delegates for attendance at zone and 
    national meetings of
the Council, and the funding of the 
    delegates for attendance at the
meetings of the Council.

        (h) Adopt rules for standards of professional conduct. 
        (i) Obtain To obtain written recommendations from the 
    Board regarding
qualifications of individuals for 
    licensure and enrollment, definitions
of curriculum 
    content and approval of engineering curricula, standards

    of professional conduct and formal disciplinary actions, 
    and the adoption
promulgation of the rules affecting these 
    matters.

        Upon the issuance of any final decision or order that 
    deviates from any report or recommendation of the Board 
    relating to the qualification of applicants, discipline of 
    licensees or registrants, or adoption of rules, the 
    Secretary shall notify the Board on any such deviation and 
    shall specify with particularity the reasons for the action 
    in the final decision or order. Prior to issuance of any 
    final decision or order that deviates from
any report or 
    recommendations of the Board relating to the qualification

    of applicants, discipline of licensees or registrants, or 
    promulgation of
rules, the Secretary shall notify the Board 
    in writing with an explanation of
any such deviation.  The 
    Department may at any
time seek the expert advice and 
    knowledge of the Board on any matter relating
to the 
    enforcement of this Act.

        (i) Post To post on the Department's website, a

    newsletter describing the most recent changes in this Act 
    and the
rules adopted under this Act and containing 
    information of any final
disciplinary action that has been 
    ordered under this Act since the date of the
last 
    newsletter.

        (j) Review To review such applicant qualifications to 
    sit for the examination or for licensure as the Board 
    designates pursuant to Section 7 of this Act. 

        (k)    Conduct investigations related to possible 
    violations of this Act. 
(Source: P.A. 96-626, eff. 8-24-09.)

 



    (225 ILCS 325/6)  (from Ch. 111, par. 5206)



    (Section scheduled to be repealed on January 1, 2020)

    Sec. 6. Board. Composition, qualifications  and terms of the 
Board.  
    (a) The Secretary shall appoint a Professional Engineering 
Board. The Board shall consist of 10 members who shall serve in 
an advisory capacity to the Secretary. All shall be residents 
of Illinois. 9 members shall (i) currently hold a valid 
professional engineering license in Illinois and shall have 
held the license under this Act for the previous 10-year period 
and (ii) have not been disciplined within the last 10-year 
period under this Act. In addition to the 9 professional 
engineers, there shall be one public member. The public member 
shall be a voting member and shall not be licensed under this 
Act or any other design profession licensing Act that the 
Department administers. 

    (b)   Board members shall serve 5-year terms and until their 
successors are appointed and qualified.
    (c)   In appointing members to the Board, the Secretary shall 
give due consideration to recommendations by members and 
organizations of the professional engineering profession.
    (d)   The membership of the Board should reasonably reflect 
representation from the geographic areas in this State.
    (e)   No member shall be reappointed to the Board for a term 
which would cause his or her continuous service on the Board to 
be longer than 2 consecutive 5-year terms.
    (f)   Appointments to fill vacancies shall be made in the 
same manner as original appointments for the unexpired portion 
of the vacated term.
    (g)  Six members shall constitute a quorum. A quorum is 
required for Board decisions.
    (h)   The Secretary may remove any member of the Board for 
misconduct, incompetence, or neglect of duty or for reasons 
prescribed by law for removal of State officials. The Secretary 
may remove a member of the Board who does not attend 2 
consecutive meetings.
    (i)   Notice of proposed rulemaking shall be transmitted to 
the Board, and the Department shall review the response of the 
Board and any recommendations made therein.
    (j)   Members of the Board shall not be liable for damages in 
any action or proceeding as a result of activities performed as 
members of the Board, except upon proof of actual malice.
    (k)   Members of the Board shall be reimbursed for all 
legitimate, necessary, and authorized expenses. 
    (a) The
Board shall be appointed by the Secretary and shall 
consist of 10
members, one of whom shall be a public member and 
9 of whom shall be
professional engineers licensed under this 
Act.  In addition  each member
who is a professional engineer 
shall:


        (1) be a citizen of the United States, and


        (2) be a resident of this State.

    (b) In addition, each member who is a professional engineer 
shall:


        (1) have not less than 12 years of experience in the 
    practice of
professional engineering, and shall hold an 
    active license as a
professional engineer in Illinois;


        (2) have been in charge of professional engineering 
    work for at least
5 years.  For the purposes of this 
    Section, any period in
which a person has been in charge of 
    teaching engineering in an
engineering college with the 
    rank of assistant professor or higher
shall be considered 
    as time in which such person was in charge of
professional 
    engineering work.

    The terms for all members shall be for 5 years.  On the 
expiration of
the term of any member
or in the event of a 
vacancy,
the Secretary shall appoint
a member who shall hold 
office until the expiration of the term
for which the member is 
appointed and until a successor has been
appointed and 
qualified.

    No member shall be reappointed to the Board for a term 
which would
cause that individual's lifetime service on the 
Board to be longer
than 15 years.

    In implementing the 5 year terms, the Secretary shall vary 
the terms to
enable the Board to have no more than 2 terms 
expire in any one year.

    The public member shall be a voting member and shall not 
hold a license as an architect, professional engineer, 
structural engineer, or a land surveyor.
The public member 
shall be an Illinois resident and a citizen of the
United 
States.

    In making appointments to the Board, the Secretary shall 
give due
consideration to recommendations by members of the 
profession and by
organizations therein.

    The Secretary may remove any member of the Board for 
misconduct,
incompetence, neglect of duty or for reasons 
prescribed by law for
removal of State officials.

    The Secretary may remove a member of the Board who does not 
attend 2
consecutive meetings.

    A quorum of the Board shall consist
of 6 Board members.
 A 
quorum is required for Board decisions.

    Each member of the Board may receive compensation as 
determined by the Secretary and shall be
reimbursed for all 
actual traveling expenses.

    Members of the Board shall be immune from suit in any 
action based
upon any disciplinary proceedings or other 
activities performed in good
faith as members of the Board.

    Persons holding office as members of the Board immediately 
prior to
the effective date of this Act under the Act repealed 
herein shall
continue as members of the Board until the 
expiration of the term for
which they were appointed and until 
their successors are appointed and
qualified.

(Source: P.A. 96-626, eff. 8-24-09.)

 



    (225 ILCS 325/7)  (from Ch. 111, par. 5207)


    (Section scheduled to be repealed on January 1, 2020)

    Sec. 7. Powers and duties of the Board. Subject to the 
provisions
of this Act, the Board shall exercise the following 
functions, powers,
and duties:


        (a) The Board shall hold at least 3 regular meetings 
    each year. Review applicant qualifications to sit for
the 
    examination or for licensure and shall make 
    recommendations to the
Department except for those 
    applicant qualifications that the Board designates as 
    routinely acceptable;


        (b) The Board shall annually elect a chairperson and a 
    vice chairperson who shall be Illinois licensed 
    professional engineers. The Board may appoint a 
    subcommittee to serve as a Complaint Committee
to recommend 
    the disposition of case files according to procedures 
    established
by rule in 68 Ill. Adm. Code 1380.305, and any 
    changes and amendments thereto;


        (c) The Board, upon request by the Department, may make 
    a curriculum evaluation to approve a professional engineer 
    program, a non-approved engineering program, and related 
    science curriculum and submit to the Secretary a written 
    recommendation of acceptability of a curriculum. Conduct 
    hearings regarding disciplinary actions and submit a

    written report and recommendations to the Secretary as 
    required by this
Act and to provide a Board member at 
    informal conferences;


        (d) The Department may at any time seek the expert 
    advice and knowledge of the Board on any matter relating to 
    the enforcement of this Act. Make visits to universities or 
    colleges to evaluate
engineering curricula or to otherwise 
    evaluate engineering curricula and
submit to the Secretary 
    a written recommendation of acceptability of a
curriculum;


        (e) The Board may appoint a subcommittee to serve as a 
    Complaint Committee to recommend the disposition of case 
    files according to procedures established by rule. Submit a 
    written recommendation to the Secretary concerning

    promulgation of rules as required in Section 5 and to 
    recommend to the Secretary
 any rules or amendments thereto 
    for the administration of this
Act;


        (f) The Board shall assist the Department in conducting 
    oral interviews, disciplinary conferences, informal 
    conferences, and formal evidentiary hearings. Hold at 
    least 3 regular meetings each year;


        (g) The Board shall review applicant qualifications to 
    sit for the examination or for licensure and shall make 
    recommendations to the Department except for those 
    applicant qualifications that the Board designates as 
    routinely acceptable. Elect annually a chairperson and a 
    vice-chairperson who shall be
professional engineers; and


        (h) Submit written comments to the Secretary within 30 
    days from
notification of any final decision or order from 
    the Secretary that deviates
from any
report or 
    recommendation of the Board relating to the qualification 
    of
applicants, discipline of licensees or registrants, or 
    promulgation of rules.

(Source: P.A. 96-626, eff. 8-24-09.)

 
    (225 ILCS 325/8)  (from Ch. 111, par. 5208)
    (Section scheduled to be repealed on January 1, 2020)
    Sec. 8. Applications for licensure. 
    (a) Applications for original licenses shall be made to the 
Department in writing on forms or electronically as prescribed 
by the Department and shall be accompanied by the required fee, 
which shall not be refundable. All applications shall contain 
information that, in the judgment of the Department, will 
enable the Department to pass on the qualifications of the 
applicant for a license as a professional engineer or engineer 
intern. The Department may require an applicant, at the 
applicant's expense, to have an evaluation of the applicant's 
education in a foreign country by a nationally recognized 
evaluation service approved by the Department in accordance 
with rules adopted by the Department. Applications for 
licensure
shall (1) be on forms prescribed and furnished by the 
Department, (2) contain
statements made under oath showing the 
applicant's education and
a detailed summary of the applicant's 
technical work, and (3) contain
references as required by the 
Department.
    (b) Applicants have 3 years from the date of application to 
complete the application process. If the process has not been 
completed in 3 years, the application shall be denied, the fee 
shall be forfeited, and the applicant must reapply and meet the 
requirements in effect at the time of reapplication. Applicants 
shall have obtained the education and experience as
required in 
Section 10 or Section 11 prior to submittal of application
for 
licensure.
Allowable experience shall commence at the date of 
the baccalaureate
degree, except:
        (1) Credit for one year of experience shall be given 
    for a graduate of
a baccalaureate curriculum providing a 
    cooperative program, which is
supervised industrial or 
    field experience of at least one academic year
which 
    alternates with periods of full-time academic training, 
    when such
program is certified by the university, or
        (2) Partial credit may be given
for professional 
    engineering experience as
defined by rule for employment 
    prior to receipt of a baccalaureate
degree if the 
    employment is full-time while the applicant is a
part-time 
    student
taking fewer than 12 hours per semester or 8 hours 
    per quarter
to earn the degree concurrent with the

    full-time engineering experience.
        (3) If an applicant files an application and supporting 
    documents
containing a material misstatement of 
    information or a
misrepresentation for the purpose of 
    obtaining licensure or
enrollment or if an applicant 
    performs
any fraud or deceit in taking any examination to 
    qualify for
licensure or enrollment
under this Act, the 
    Department may issue a rule of intent to deny
licensure or 
    enrollment
and may conduct a hearing in accordance
with 
    Sections 26 through 33 and Sections 37 and 38 of this Act.
    The Board may conduct oral interviews of any applicant 
under Sections
10, 11, or 19 to assist in the evaluation of the 
qualifications of the
applicant.
    It is the responsibility of the applicant to supplement the

application, when requested by the Board, by provision of 
additional
documentation of education, including transcripts, 
course content and
credentials of the engineering college or 
college granting related
science degrees, or of work experience 
to permit the Board to determine
the qualifications of the 
applicant.  The Department may require an
applicant, at the 
applicant's expense, to have an evaluation of the applicant's

education in a foreign country by a nationally recognized 
evaluating service
approved by the Department.
    An applicant who graduated from an engineering program 
outside the United
States or its territories and whose first 
language is not English shall submit
certification of passage 
of the Test of English as a Foreign Language (TOEFL)
and a test 
of spoken English as defined by rule. However, any such 
applicant who subsequently earns an advanced degree from an 
accredited educational institution in the United States or its 
territories shall not be subject to this requirement. 
(Source: P.A. 98-993, eff. 1-1-15.)
 



    (225 ILCS 325/9)  (from Ch. 111, par. 5209)



    (Section scheduled to be repealed on January 1, 2020)

    Sec. 9. Licensure qualifications; Examinations; Failure or 
refusal
to take examinations.   
    (a)  The Department shall authorize examinations of 
applicants for a license under this Act at such times and 
places as it may determine by rule. The examinations shall be 
of a character to give a fair test of the qualifications of the 
applicant to practice as a professional engineer or engineer 
intern.
    (b)  Applicants for examination are required to pay, either 
to the Department or the designated testing service, a fee 
covering the cost of providing the examination. Failure to 
appear for the examination on the scheduled date, at the time 
and place specified, after the applicant's application for 
examination has been received and acknowledged by the 
Department or the designated testing service, shall result in 
the forfeiture of the examination fee.
    (c)  If an applicant fails to pass an examination for 
licensure under this Act within 3 years after filing the 
application, the application shall be denied. However, such 
applicant may thereafter make a new application for examination 
accompanied by the required fee and must furnish proof of 
meeting the qualifications for examination in effect at the 
time of new application. 
Examinations provided for by this Act shall be
conducted under 
rules prescribed by the Department.  Examinations shall
be held 
not less frequently than semi-annually, at times and places

prescribed by the Department, of which applicants shall be 
notified by
the Department in writing.

    Examinations of the applicants who seek to practice 
professional
engineering shall ascertain: (a) if the applicant 
has an adequate
understanding of the basic and engineering 
sciences, which shall embrace
subjects required of candidates 
for an approved baccalaureate degree in
engineering, and (b) if 
the training and experience of the applicant
have provided a 
background for the application of the basic and
engineering 
sciences to the solution of engineering problems.  The

Department may by rule prescribe additional subjects for 
examination.
If an applicant neglects, fails to take, or 
refuses
to take the next available examination offered for 
licensure under this
Act within 3 years after filing the 
application, the fee paid by the
applicant shall be forfeited 
and the application denied.  If an
applicant fails to pass an 
examination for licensure under this Act
within 3 years after 
filing the application, the application shall be
denied.  
However, such applicant may thereafter make a new application

for examination, accompanied by the required fee.

(Source: P.A. 96-626, eff. 8-24-09.)

 
    (225 ILCS 325/10)  (from Ch. 111, par. 5210)

    (Section scheduled to be repealed on January 1, 2020)
    Sec. 10. Minimum standards for licensure as
professional 
engineer.  
    (a)  To qualify for licensure as a professional
engineer, 
each applicant shall be:
        (1) (a) a graduate of an approved engineering 
    curriculum of at least 4
years who submits acceptable 
    evidence to the Board of an additional 4
years or more of 
    experience in engineering work of a grade and character

    that which indicate that the individual may be competent to 
    practice
professional engineering, and who has passed an

    examination in the fundamentals of engineering as defined 
    by rule and an examination in the principles and practice 
    of engineering as defined by rule.  Upon
submitting an 
    application with proof of passing both examinations, the 
    applicant, if otherwise qualified, shall
be granted a 
    license to practice professional engineering in this 
    State; or
        (2) (b) a graduate of a non-approved engineering 
    curriculum or a related
science curriculum of at least 4 
    years and which meets the requirements as
set forth by rule 
    by submitting an application to the Department for its 
    review and approval, who submits acceptable evidence to the 
    Board of an
additional 8 years or more of experience in 
    engineering work of a grade
and character which indicate 
    that the individual may be competent to
practice 
    professional engineering, and who has passed an 
    examination in the fundamentals of engineering as defined 
    by rule and an examination in the principles and practice 
    of
engineering as defined by rule.  Upon submitting the 
    application with proof of passing both examinations, the 
    applicant, if
otherwise qualified, shall be granted a 
    license to practice professional
engineering in this 
    State; or
        (3) (c) an Illinois engineer intern,
by application
and 
    payment of the required fee, may then take an
examination 
    in the principles and practice of engineering as defined by 
    rule. If the applicant passes
that examination and submits 
    evidence to the Board that meets the experience 
    qualification of paragraph (1) or (2) subsection (a) or (b) 
    of this Section, the applicant, if otherwise qualified, 
    shall be
granted a license to practice professional 
    engineering in this State.
    (b) Allowable experience for licensure shall commence at 
the date of the baccalaureate degree, except for experience 
gained while the applicant is a part-time student taking fewer 
than 12 hours per semester or 8 hours per quarter to earn the 
degree concurrent with the full-time engineering experience. 
    (c) When considering an applicant's
qualifications for 
licensure under this Act, the Department may take into

consideration whether an applicant has engaged in conduct or 
actions that
would constitute a violation of the Standards of 
Professional Conduct for
this Act as provided for by 
administrative rules.
(Source: P.A. 97-333, eff. 8-12-11; 98-713, eff. 7-16-14.)
 
    (225 ILCS 325/11)  (from Ch. 111, par. 5211)

    (Section scheduled to be repealed on January 1, 2020)
    Sec. 11. Minimum standards for examination for enrollment 
as
engineer intern.   Each of the following is considered a 
minimum standard
that an applicant must satisfy to qualify for 
enrollment as an engineer
intern:
        (a) A graduate of an approved engineering curriculum of 
    at least 4
years, who has passed an examination in the

    fundamentals of engineering as defined by rule, shall be 
    enrolled as an engineer intern, if
the applicant is 
    otherwise qualified; or
        (b) An applicant in the last year of an approved 
    engineering
curriculum who passes an examination in the

    fundamentals of engineering as defined by rule and 
    furnishes proof that the applicant graduated within a 
    12-month
12 month period following the examination shall be 
    enrolled
as an engineer intern, if the applicant is 
    otherwise qualified; or
        (c) A graduate of a non-approved engineering 
    curriculum or a related
science curriculum of at least 4 
    years and which meets the requirements as set
forth by rule 
    by submitting an application to the Department for its 
    review and approval, who submits acceptable evidence to the 
    Board of an
additional 4 years or more of progressive 
    experience in engineering
work, and who has passed an 
    examination in the
fundamentals of engineering as defined 
    by rule shall be enrolled as an engineer intern, if
the 
    applicant is otherwise qualified.
(Source: P.A. 98-713, eff. 7-16-14; 99-78, eff. 7-20-15.)
 



    (225 ILCS 325/12)  (from Ch. 111, par. 5212)



    (Section scheduled to be repealed on January 1, 2020)

    Sec. 12. Educational credits or teaching as equivalent of 
experience. 

    (a) After earning an acceptable baccalaureate degree as 
required by
paragraph (1) or (2) of subsection (a) or (b) of 
Section 10 in engineering or related science
and upon 
completion of a Master's degree in engineering, the applicant

may receive one year of experience credit.  Upon completion of a 
Ph.D.
in engineering, an applicant may receive an additional 
year experience
credit for a maximum of 2 years.

    (b) Teaching engineering subjects in an engineering 
college
at a rank of instructor or above
is
considered 
experience in engineering.

    (c) (Blank).

(Source: P.A. 91-92, eff. 1-1-00; 92-145, eff. 1-1-02.)

 



    (225 ILCS 325/14)  (from Ch. 111, par. 5214)



    (Section scheduled to be repealed on January 1, 2020)

    Sec. 14. Seal. Every professional engineer shall
have a 
reproducible seal or
stamp, which may be computer generated, 
the imprint of which shall the print of which shall
be 
reproducible and
contain the name of the
professional engineer, 
the professional engineer's license number, and
the words 
"Licensed Professional Engineer of Illinois".
Any
reproducible 
stamp heretofore authorized under the laws of this State
state 
for use by a
professional engineer, including those with the 
words "Registered
Professional Engineer of Illinois",
shall 
serve the same purpose as the seal provided
for by this Act. 
The engineer shall be responsible for his or her seal and 
signature as defined by rule.
When technical submissions are 
prepared utilizing a computer or other
electronic means, the 
seal may be generated by the computer. The licensee may 
provide, at his or her sole discretion, an original signature 
in the licensee's handwriting, a scanned copy of the technical 
submission bearing an original signature, or a signature 
generated by a computer.

    The use of a professional engineer's seal on technical 
submissions
constitutes a representation by the professional 
engineer that the work
has been prepared by or under the 
personal supervision of the professional
engineer or developed 
in conjunction with the use of accepted engineering
standards.  
The use of the seal further represents that the work has been

prepared and administered in accordance with the
standards of 
reasonable professional skill and diligence.

    It is unlawful to affix one's seal to technical submissions 
if
it masks the true identity of the person who actually 
exercised
direction, control and supervision of the 
preparation of such work.  A
professional engineer who seals and 
signs technical submissions is not
responsible for damage 
caused by subsequent changes to or uses of those
technical 
submissions, where the subsequent changes or uses, including

changes or uses made by State or local governmental agencies, 
are not
authorized or approved by the professional engineer who 
originally
sealed and signed the technical submissions.

(Source: P.A. 98-289, eff. 1-1-14.)

 



    (225 ILCS 325/15)  (from Ch. 111, par. 5215)



    (Section scheduled to be repealed on January 1, 2020)

    Sec. 15. Technical submissions.  
    (a) Technical submissions are the designs, drawings, and 
specifications that establish the scope of the professional 
engineering project, the standard of quality for materials, 
workmanship, equipment, and constructions systems, and the 
studies and other technical reports and calculations prepared 
in the course of the practice of professional engineering. All 
technical submissions
prepared by or under the personal 
supervision of a professional engineer
shall bear that 
professional engineer's seal, signature, and license

expiration date.  The licensee's written signature and date of 
signing,
along with the date of license expiration, shall be 
placed adjacent to
the seal.
Computer generated signatures are 
not permitted.

    (b)    All technical submissions intended for use in the State 
of Illinois shall be prepared and administered in accordance 
with standards of reasonable professional skill and diligence. 
Care shall be taken to reflect the requirements of State 
statutes and, where applicable, county and municipal 
ordinances in such submissions. In recognition that 
professional engineers are licensed for the protection of the 
public, health, safety, and welfare, submissions shall be of 
such quality and scope, and be so administered, as to conform 
to professional standards.
    (c)    No officer, board, commission, or other public entity 
that receives technical submissions shall accept for filing or 
approval any technical submissions relating to services 
requiring the involvement of a professional engineer that do 
not bear the seal and signature of a professional engineer 
licensed under this Act.
    (d)    It is unlawful to affix one's seal to technical 
submissions if it masks the true identity of the person who 
actually exercised responsible control of the preparation of 
such work. A professional engineer who seals and signs 
technical submissions is not responsible for damage caused by 
subsequent changes to or uses of those technical submissions 
where the subsequent changes or uses, including changes or uses 
made by State or local governmental agencies, are not 
authorized or approved in writing by the professional engineer 
who originally sealed and signed the technical submissions. 
    (e) The professional engineer who has contract 
responsibility shall
seal a cover sheet of the technical 
submissions, and those individual
portions of the technical 
submissions for which the professional
engineer is legally and 
professionally responsible.  The professional
engineer 
practicing as the support design professional shall seal
those 
individual portions of technical submissions for which the

professional engineer is legally and professionally 
responsible.

    All technical submissions intended for use in construction 
in the
State of Illinois shall be prepared and administered in 
accordance with
standards of reasonable professional skill and 
diligence.  Care shall be
taken to reflect the requirements of 
State statutes and, where
applicable, county and municipal 
ordinances in such documents.
In recognition that professional 
engineers are licensed for the
protection of the public health, 
safety and welfare, documents shall be
of such quality and 
scope, and be so administered as to conform to
professional 
standards.

(Source: P.A. 91-92, eff. 1-1-00; 92-145, eff. 1-1-02.)

 



    (225 ILCS 325/16)  (from Ch. 111, par. 5216)



    (Section scheduled to be repealed on January 1, 2020)

    Sec. 16. Display Issuance of license. Whenever the 
provisions of this
Act have been complied with  the Department 
may issue a license as a
professional engineer and enroll the 
engineer intern. Every holder of a license under this Act as a 
professional engineer shall display
the license in a 
conspicuous place in his or her the professional engineer's

principal office, place of business, or place of employment.

    It is the professional engineer's and engineer intern's

responsibility to inform the Department of any change of 
address.

(Source: P.A. 96-626, eff. 8-24-09.)

 



    (225 ILCS 325/17)  (from Ch. 111, par. 5217)


    (Section scheduled to be repealed on January 1, 2020)

    Sec. 17. Renewal, reinstatement, or restoration of 
license; persons in military service Licensure; Renewal; 
Restoration; Person in military
service; Retired. 
    (a)  The expiration date and renewal period for each 
professional
engineer license issued under this Act shall be 
set by the Department
by rule. The holder of a license may 
renew such license during the month preceding the expiration 
date by paying the required fee.  The
enrollment of an engineer 
intern shall not expire.  

    (b) A professional engineer who has permitted his or her 
license to expire  or has had his or her license placed on 
inactive status may have his or her Any person whose
license 
has expired or whose license is on inactive status may have 
such
license restored by making application to the Department 
and filing
proof acceptable to the Department of his or her 
that person's fitness to have his or her such
license restored, 
including, but not limited to, which may include sworn evidence 
certifying to active
practice in another jurisdiction 
satisfactory to the Department and by
paying the required 
restoration fee as determined by rule.
If the person has not 
maintained an active practice in another
jurisdiction 
satisfactory to the Department, the Board shall determine,
by 
an evaluation program established by rule, the person's fitness 
to
resume active status and may require the person to complete 
a period of
evaluated experience and may require successful 
completion of the
principles and practice examination.

    (c)   A professional engineer whose license has expired while 
engaged (1) in federal service on active duty with the Armed 
Forces of the United States or the State Militia called into 
service or training, or (2) in training or education under the 
supervision of the United States before induction into the 
military service, may have the license restored or reinstated 
without paying any lapsed reinstatement, renewal, or 
restoration fees if within 2 years after termination other than 
by dishonorable discharge of such service, training, or 
education and the Department is furnished with satisfactory 
evidence that the licensee has been so engaged in the practice 
of professional engineering and that such service, training, or 
education has been so terminated. However, any person whose 
license expired while that person was (1) in
Federal Service on 
active duty with the Armed Forces of the United
States, or the 
State Militia called into service or training, or (2) in

training or education under the supervision of the United 
States
preliminary to induction into the military service, may 
have such
license renewed or restored without paying any lapsed 
renewal fees if,
within 2 years after honorable termination of 
such service, training,
or education, except under conditions 
other than honorable, the
Department is furnished with 
satisfactory evidence that the person has
been so engaged and 
has maintained professional competence and that such
service, 
training or education has been so terminated.  

    (d)    The enrollment of an engineer intern does not expire. 
    Each application
for renewal shall contain the original 
seal and signature of the
professional engineer.  Applicants for 
renewal or restoration shall
certify that all conditions of 
their license meet the requirements of
the Illinois 
Professional Engineering Practice Act of 1989.

    (e) Any person who has been duly licensed as a professional 
engineer by the Department and who chooses to deactivate or not 
renew his or her license may use the title "Professional 
Engineer, Retired". Those persons using the title 
"Professional Engineer, Retired" may request restoration to 
active status under the applicable provisions of Sections 17, 
17.5, and 18 of this Act.
    The use of the title "Professional Engineer, Retired" shall 
not constitute representation of current licensure. Any person 
without an active license shall not be permitted to practice 
engineering as defined in this Act.
    Nothing in this Section shall be construed to require the 
Department to issue any certificate, credential, or other 
document indicating that a person has been granted the title, 
"Professional Engineer, Retired". 
(Source: P.A. 96-626, eff. 8-24-09.)

 



    (225 ILCS 325/17.5)



    (Section scheduled to be repealed on January 1, 2020)

    Sec. 17.5. Continuing education. The Department
may adopt 
promulgate rules of continuing education for persons licensed 
under this
Act.  The Department shall consider the 
recommendations of the Board in
establishing the guidelines for 
the continuing education requirements. The
requirements of 
this Section apply to any person seeking renewal or restoration

under Section 17 or 18 of this Act. For the purposes of this 
Act, continuing education shall also be known as professional 
development. 

(Source: P.A. 91-92, eff. 1-1-00.)

 



    (225 ILCS 325/18)  (from Ch. 111, par. 5218)



    (Section scheduled to be repealed on January 1, 2020)

    Sec. 18. Inactive status. A person licensed under this Act 
who notifies the Department,
in writing on forms prescribed by 
the Department, may elect to place his or her
that person's 
license on an inactive status and shall, subject to
rules, be 
excused from payment of renewal fees until the Department is

notified in writing of that person's desire to resume active 
status.

    Any professional engineer whose license is in inactive 
status shall not practice professional engineering in the State 
of Illinois. 
    Any person requesting restoration from inactive status is 
required to
pay the current renewal fee and is required to seek 
restoration of
license as provided in Section 17 of this Act.  
Any professional
engineer whose license is in an inactive 
status shall not practice
professional engineering in the State 
of Illinois.

(Source: P.A. 86-667.)

 



    (225 ILCS 325/19)  (from Ch. 111, par. 5219)



    (Section scheduled to be repealed on January 1, 2020)

    Sec. 19. Endorsement. 
    (a) The Department may, upon application in writing on 
forms or electronically accompanied by the recommendation
of 
the Board, license as a professional engineer,
on payment of 
the required fee, issue a license as a professional engineer to 
an applicant already who is a professional
engineer registered 
or licensed under the laws of another state, the District of 
Columbia, or
a territory of the United States, or the District 
of Columbia or a party parties to the
North American Free Trade 
Agreement
if the
applicant qualifies under Section 8 and 
Section 10 of this Act, or if the requirements for licensure in 
that
qualifications of the applicant were at the time of 
registration or
licensure in another jurisdiction were, at the 
time of original licensure, substantially equivalent equal to 
the
requirements then in force in this State on that date.

    The Department may refuse to endorse the applicants from 
any
state, District of Columbia or territory if the 
requirements for
registration or licensure in such 
jurisdiction are not substantially
equal to the requirements of 
this Act.

    (b)    If the accuracy of any submitted documentation or 
relevance or sufficiency of the course work or experience is 
questioned by the Department or the Board because of a lack of 
information, discrepancies, or conflicts in information given 
or a need for clarification, the applicant seeking licensure 
may be required to provide additional information. 
    (c) Applicants have 3 years from the date of application to 
complete the
application process.  If the process has not been 
completed during the 3-year 3
year time frame, the application 
shall be denied, the fee forfeited, and
the applicant must 
reapply and meet the requirements in effect at the
time of 
reapplication.

(Source: P.A. 96-626, eff. 8-24-09.)

 



    (225 ILCS 325/20)  (from Ch. 111, par. 5220)



    (Section scheduled to be repealed on January 1, 2020)

    Sec. 20. Fees. 

    (a) The Department shall provide by rule for a schedule of 
fees to be paid
for licenses by all applicants.  All fees are 
not refundable.

    (b) The fees for the administration and enforcement of this 
Act, including
but not limited to original licensure, renewal, 
and restoration, shall be
set by rule by the Department.

    (c)  All the fees and
fines collected as authorized under 
this Act pursuant to this Section shall be deposited into in 
the Design
Professionals Administration and Investigation 
Fund.
Of the moneys deposited into the Design Professionals 
Administration and
Investigation Fund, the Department may use 
such funds as necessary and
available to produce and distribute 
newsletters to persons licensed under
this Act.

(Source: P.A. 91-92, eff. 1-1-00.)

 
    (225 ILCS 325/20.5 new)
    Sec. 20.5. Returned checks; fines. Any person who delivers 
a check or other payment to the Department that is returned to 
the Department unpaid by the financial institution upon which 
it is drawn shall pay to the Department, in addition to the 
amount already owed to the Department, a fine of $50. The fines 
imposed by this Section are in addition to any other discipline 
provided under this Act for unlicensed practice or practice on 
a nonrenewed license. The Department shall notify the person 
that payment of fees and fines shall be paid to the Department 
by certified check or money order within 30 calendar days of 
the notification. If, after the expiration of 30 days from the 
date of the notification, the person has failed to submit the 
necessary remittance, the Department shall automatically 
terminate the license or deny the application, without hearing. 
If, after termination or denial, the person seeks a license, he 
or she shall apply to the Department for restoration or 
issuance of the license 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 expenses of processing this application. The Secretary 
may waive the fines due under this Section in individual cases 
where the Secretary finds that the fines would be unreasonable 
or unnecessarily burdensome.
 
    (225 ILCS 325/20.10 new)
    Sec. 20.10. Unlicensed practice; violation; civil penalty.
    (a)   Any person who practices, offers to practice, attempts 
to practice, or holds himself or herself out to practice as a 
professional engineer or engineer intern without being 
licensed or exempt under this Act shall, in addition to any 
other penalty provided by law, pay a civil penalty to the 
Department in an amount not to exceed $10,000 for each offense, 
as determined by the Department. The civil penalty shall be 
assessed by the Department after a hearing is held in 
accordance with this Act regarding the provision of a hearing 
for the discipline of a licensee.
    (b)   A firm or business that offers design services under 
this Act without being registered as a professional design firm 
or exempt under this Act shall, in addition to any other 
penalty provided by law, pay a civil penalty to the Department 
in an amount not to exceed $10,000 for each offense, as 
determined by the Department. The civil penalty shall be 
assessed by the Department after a hearing is held in 
accordance with this Act regarding the provision of a hearing 
for the discipline of a licensee.
    (c)   The Department may investigate any actual, alleged, or 
suspected unlicensed activity.
    (d)   The civil penalty shall be paid within 60 days after 
the effective date of the order imposing the civil penalty. The 
order shall constitute a final judgment and may be filed and 
execution had thereon in the same manner as any judgment from 
any court of record.
    (e)   A person or entity not licensed or  registered under 
this Act that has violated any provision of this Act or its 
rules is guilty of a Class A misdemeanor for the first offense 
and a Class 4 felony for a second and subsequent offenses. 
 



    (225 ILCS 325/23)  (from Ch. 111, par. 5223)



    (Section scheduled to be repealed on January 1, 2020)

    Sec. 23. Professional design firm registration. 

    (a) Nothing in this Act shall prohibit the formation, under 
the
provisions of the Professional Service Corporation Act, as 
amended, of a
corporation to practice professional 
engineering.

    Any business, including a Professional Service 
Corporation, that includes within its stated purposes or 
practices, or holds
itself out as available to practice, 
professional engineering shall be
registered with the 
Department pursuant to the provisions set forth in
this 
Section.

    Any sole proprietorship not owned and operated by an 
Illinois licensed
design professional licensed under this Act 
shall be prohibited from offering
professional engineering 
services to the public.
Any sole proprietorship owned and 
operated by a professional engineer with an
active license 
issued under this Act and conducting or transacting such

business under an assumed name in accordance with the 
provisions of the Assumed
Business Name Act shall comply with 
the registration requirements of a
professional design firm.

Any sole proprietorship owned
and operated by a professional 
engineer with an active license issued under
this Act and 
conducting or transacting such business under the real name of

the sole proprietor is exempt from the registration 
requirements of a
professional design
firm.  "Illinois licensed 
design professional" means a person who holds an
active license 
as a professional engineer under this Act, as an architect

under the Illinois Architecture Practice Act of 1989, or as a 
structural
engineer under the Structural Engineering Practice 
Act of
1989.

    (b) Any professional design firm seeking to be registered 
pursuant to
the provisions of this Section shall not be 
registered unless one or more
managing agents in charge of 
professional engineering activities in this
State are 
designated by the professional design firm.  Each managing
agent 
must at all times maintain a valid, active license to practice

professional engineering in Illinois.

    No individual whose license to practice professional 
engineering in
this State is currently in a suspended or 
revoked status shall act as a
managing agent for a professional 
design firm.

    (c) Any business seeking to be registered under this

Section shall make application on a form provided by the 
Department and
shall provide such information as requested by 
the Department, which
shall include, but not be limited to:


        (1) the name and license number of the person 
    designated as the
managing agent in responsible charge of 
    the practice of professional
engineering in Illinois.  In 
    the case of a corporation, the corporation
shall also 
    submit a certified copy of the resolution by the board of

    directors designating the managing agent.  In the case of a 
    limited liability
company, the company shall submit a 
    certified copy of either its articles of
organization or 
    operating agreement designating the managing agent;


        (2) the names and license numbers of the directors, in 
    the case of a
corporation, the members, in the case of a 
    limited liability company, or
general partners, in the case 
    of a partnership;


        (3) a list of all office locations at which the 
    professional design firm
provides professional engineering 
    services to the public; and


        (4) a list of all assumed names of the business.  
    Nothing in this Section
shall be construed to exempt a 
    professional design firm, sole proprietorship,
or 
    professional service corporation from compliance with the 
    requirements of
the Assumed Business Name Act.

    It is the responsibility of the professional design firm to

provide the Department notice, in writing, of any changes in 
the
information requested on the application.

    (d) The Department shall issue to each business a 
certificate of
registration to practice professional 
engineering or offer the services of its
licensees in this 
State upon submittal of a proper application for registration

and payment of fees.  The expiration date and renewal period for 
each
registration and renewal procedures shall be established 
by rule.

    (e) In the event a managing agent is terminated or 
terminates his or her
status as
managing agent of the 
professional design firm, the managing agent and
the 
professional design firm shall notify the Department of this 
fact in writing,
by regular certified mail or email, within 10 
business days of such termination. Thereafter, the

professional design firm, if it has so informed the Department, 
shall have 30
days in which to notify the Department of the 
name and license number of a
newly designated managing agent. 
If a corporation, the corporation shall also
submit a certified 
copy of a resolution by the board of directors designating
the 
new managing agent. If a limited liability company, the company 
shall also
submit a certified copy of either its articles of 
organization or operating
agreement designating the new 
managing agent. The Department may, upon good
cause shown, 
extend the original 30-day 30 day period.

    If the professional design firm has not notified the 
Department in writing,
by regular certified mail or email 
within the specified time, the registration shall be
terminated 
without prior hearing.  Notification of termination shall be 
sent by regular
certified mail or email to the last known 
address of the business.  If the professional
design firm 
continues to operate and offer professional engineering 
services
after the termination, the Department may seek 
prosecution under Sections 21 and 24,
39, and 40 of this Act 
for the unlicensed practice of professional
engineering.

    (f) No professional design firm shall be relieved of 
responsibility for the
conduct or acts of its agent, employees, 
members, managers, or officers by
reason of its compliance with 
this Section, nor shall any individual practicing
professional 
engineering be relieved of the responsibility for professional

services performed by reason of the individual's employment or 
relationship
with a professional design firm registered under 
this Section.

    (g) Disciplinary action against a professional design firm 
registered
under this Section shall be administered in the same 
manner and on the
same grounds as disciplinary action against a 
licensed professional
engineer. All disciplinary action taken 
or pending against a corporation or
partnership before the 
effective date of this amendatory Act of 1993 shall be

continued or remain in effect without the Department filing 
separate actions.

(Source: P.A. 91-91, eff. 1-1-00; 91-92, eff. 1-1-00; 92-16, 
eff. 6-28-01.)

 



    (225 ILCS 325/24)  (from Ch. 111, par. 5224)



    (Section scheduled to be repealed on January 1, 2020)

    Sec. 24. Grounds for Rules of professional conduct; 
disciplinary or
administrative
action.
    (a) The Department may refuse to issue or renew a license 
or registration, or may revoke, suspend, place on probation, 
reprimand, or take other disciplinary or non-disciplinary 
action as the Department may deem proper, including fines not 
to exceed $10,000 per violation, with regard to any license 
issued under this Act, for any one or a combination of the 
following reasons: The Department shall adopt rules setting 
standards of professional
conduct and establish appropriate 
penalties
 for the breach of such rules.

    (a-1) The Department may, singularly or in combination,

refuse to issue, renew, or restore a license or may revoke,

suspend, place on probation,
reprimand,
or take other 
disciplinary or non-disciplinary action with regard to a person 
licensed under this Act, including but not limited to, the 
imposition of a fine
 not to exceed $10,000 per violation upon 
any person, corporation,
partnership, or professional design 
firm licensed or registered under
this Act, for any one or 
combination of the following causes:

        (1) Material misstatement in furnishing information to 
    the
Department.

        (2) Negligence, incompetence, or misconduct in the 
    practice of professional engineering. Violations of this 
    Act or any of its
rules.

        (3) Failure to comply with any provisions of this Act 
    or any of its rules. Conviction of or entry of a plea of 
    guilty or nolo contendere to any crime that is a felony 
    under the laws of the United States or
any state or 
    territory thereof, or that is a
misdemeanor, an essential 
    element of which is dishonesty,
or any crime that is 
    directly related to the practice of engineering.

        (4) Fraud or any misrepresentation in applying for or 
    procuring a license under this Act or in connection with 
    applying for renewal or restoration of a license under this 
    Act. Making any misrepresentation for the purpose of 
    obtaining, renewing, or restoring a license
 or violating 
    any provision of this Act or the rules promulgated under 
    this Act pertaining to advertising.

        (5) Purposefully making false statements or signing 
    false statements, certificates, or affidavits to induce 
    payment. Willfully making or signing a false statement, 
    certificate, or affidavit to induce payment.

        (6) Conviction of or entry of a 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, that is directly related to the 
    practice of the profession of professional engineering. 
    Negligence, incompetence or misconduct in the practice of 
    professional
engineering as a licensed professional 
    engineer or in working as an engineer
intern.

        (7) Aiding or assisting another person in violating any 
    provision of
this Act or its rules.

        (8) Failing to provide information in response to a 
    written request
made by the Department within 60 30 days 
    after receipt of such written
request.

        (9) Engaging in dishonorable, unethical, or 
    unprofessional conduct of a
character likely to deceive, 
    defraud, or harm the public.

        (10) Habitual or excessive use or abuse of drugs 
    defined in law as controlled substances, of alcohol, 
    narcotics, stimulants, or any other substances that 
    results in the inability to practice with reasonable 
    judgment, skill, or safety. Inability to practice the 
    profession with reasonable judgment, skill, or safety as a 
    result of a physical illness, including, but not limited 
    to, deterioration through the aging process or loss of 
    motor skill, or mental illness or disability.

        (11) A finding by the Department that an applicant or 
    licensee has failed to pay a fine imposed by the 
    Department. Discipline by the United States Government, 
    another state,
District of Columbia, territory, foreign 
    nation or government agency, if
at least one of the grounds 
    for the discipline is the same or
substantially equivalent 
    to those set forth in this Act.

        (12) A finding by the Department that the licensee, 
    after having his or her license placed on probationary 
    status, has violated the terms of probation or failed to 
    comply with such terms. Directly or indirectly giving to or 
    receiving from any person,
firm, corporation, partnership 
    or association any fee, commission,
rebate or other form of 
    compensation for any professional services not
actually or 
    personally rendered.

        (13) Inability to practice the profession with 
    reasonable judgment, skill, or safety as a result of 
    physical illness, including, but not limited to, 
    deterioration through the aging process, loss of motor 
    skill, mental illness, or disability. A finding by the 
    Department that
an applicant or registrant has failed to 
    pay a fine imposed
by the Department, a registrant
whose 
    license has been
placed on probationary status has violated 
    the terms of probation, or a
registrant has practiced on an 
    expired, inactive, suspended, or
revoked license.

        (14) Discipline by another state, territory, foreign 
    country, the District of Columbia, the United States 
    government, or any other government agency if at least one 
    of the grounds for discipline is the same or substantially 
    equivalent to those set forth in this Act. Signing, 
    affixing the professional engineer's seal or permitting

    the professional engineer's seal to be affixed to any 
    technical
submissions not prepared as required by Section 
    14 or completely reviewed by
the professional engineer or 
    under the professional engineer's direct
supervision.

        (15) The making of any willfully false oath or 
    affirmation in any matter or proceeding where an oath or 
    affirmation is required by this Act. Inability to practice 
    the profession with reasonable judgment, skill or
safety as 
    a result of habitual or excessive use or addiction to 
    alcohol, narcotics, stimulants, or any other chemical 
    agent or drug.

        (16) Using or attempting to use an expired, inactive, 
    suspended, or revoked license or the certificate or seal of 
    another or impersonating another licensee. The making of a 
    statement pursuant to the Environmental Barriers
Act that a 
    plan for construction or alteration of a public facility or

    for construction of a multi-story housing unit is in 
    compliance with the
Environmental Barriers Act when such 
    plan is not in compliance.

        (17) Directly or indirectly giving to or receiving from 
    any person or entity any fee, commission, rebate, or other 
    form of compensation for any professional service not 
    actually or personally rendered. (Blank).

        (18)    Signing or affixing the professional engineer's 
    seal or permitting the seal to be affixed to any technical 
    submissions not prepared by the professional engineer or 
    under the professional engineer's supervision and control.
        (19)   Making a statement pursuant to the Environmental 
    Barriers Act that a plan for construction or alteration of 
    a public facility or for construction of a multi-story 
    housing unit is in compliance with the Environmental 
    Barriers Act when such plan is not in compliance. 
    (a-2) The Department shall deny a license or renewal 
authorized by this Act to a person who has failed to file a 
return, to pay the tax, penalty, or interest shown in a filed 
return, or to pay any final assessment of tax, penalty, or 
interest as required by any tax Act administered by the 
Department of Revenue, until such time as the requirements of 
the tax Act are satisfied in accordance with subsection (g) of 
Section 2105-15 of the Department of Professional Regulation 
Law of the Civil Administrative Code of Illinois (20 ILCS 
2105/2105-15). 
    (a-3) (Blank).
    (a-4) In cases where the Department of Healthcare and 
Family Services (formerly the Department of Public Aid) has 
previously determined that a licensee or a potential licensee 
is more than 30 days delinquent in the payment of child support 
and has subsequently certified the delinquency to the 
Department, the Department shall refuse to issue or renew or 
shall revoke or suspend that person's license or shall take 
other disciplinary action against that person based solely upon 
the certification of delinquency made by the Department of 
Healthcare and Family Services in accordance with subdivision 
(a)(5) of Section 2105-15 of the Department of Professional 
Regulation Law of the Civil Administrative Code of Illinois (20 
ILCS 2105/2105-15).
    (a-5) In enforcing this Section, the Department or Board, 
upon a showing of a possible violation, may order a licensee or 
applicant to submit to a mental or physical examination, or 
both, at the expense of the Department. The Department or Board 
may order the examining physician to present testimony 
concerning his or her 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 examining physician. The 
examining physicians shall be specifically designated by the 
Board or Department. The licensee or applicant may have, at his 
or her own expense, another physician of his or her choice 
present during all aspects of the examination. Failure of a 
licensee or applicant to submit to any such examination when 
directed, without reasonable cause as defined by rule, shall be 
grounds for either the immediate suspension of his or her 
license or immediate denial of his or her application.
    If the Secretary immediately suspends the license of a 
licensee for his or her failure to submit to a mental or 
physical examination when directed, a hearing must be convened 
by the Department within 15 days after the suspension and 
completed without appreciable delay.
    If the Secretary otherwise suspends a license pursuant to 
the results of the licensee's mental or physical examination, a 
hearing must be convened by the Department within 15 days after 
the suspension and completed without appreciable delay. The 
Department and Board shall have the authority to review the 
licensee's record of treatment and counseling regarding the 
relevant impairment or impairments to the extent permitted by 
applicable federal statutes and regulations safeguarding the 
confidentiality of medical records.
    Any licensee suspended under this subsection (a-5) shall be 
afforded an opportunity to demonstrate to the Department or 
Board that he or she can resume practice in compliance with the 
acceptable and prevailing standards under the provisions of his 
or her license.


    (b) The determination by a circuit court that a registrant 
is subject
to involuntary admission or judicial admission as 
provided in the Mental
Health and Developmental Disabilities 
Code, as now or hereafter amended,
operates as an automatic 
suspension.  Such suspension will end only upon
a finding by a 
court that the patient 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 registrant be 
allowed to resume practice.

    (c)   In cases where the Department of Healthcare and Family 
Services (formerly the Department of Public Aid) has previously 
determined that a licensee or a potential licensee is more than 
30 days delinquent in the payment of child support and has 
subsequently certified the delinquency to the Department, the 
Department shall refuse to issue or renew or shall revoke or 
suspend that person's license or shall take other disciplinary 
action against that person based solely upon the certification 
of delinquency made by the Department of Healthcare and Family 
Services in accordance with paragraph (5) of subsection (a) of 
Section 2105-15 of the Department of Professional Regulation 
Law of the Civil Administrative Code of Illinois.
    (d)   The Department shall refuse to issue or renew or shall 
revoke or suspend a person's license or shall take other 
disciplinary action against that person for his or her failure 
to file a return, to pay the tax, penalty, or interest shown in 
a filed return, or to pay any final assessment of tax, penalty, 
or interest as required by any tax Act administered by the 
Department of Revenue, until the requirements of the tax Act 
are satisfied in accordance with subsection (g) of Section 
2105-15 of the Department of Professional Regulation Law of the 
Civil Administrative Code of Illinois. 
(Source: P.A. 100-872, eff. 8-14-18.)

 



    (225 ILCS 325/25)  (from Ch. 111, par. 5225)



    (Section scheduled to be repealed on January 1, 2020)

    Sec. 25. Violations; Injunction; cease Cease and desist 
order. 

    (a) If any person or other entity violates the provisions 
of this Act, the Secretary
Director, in the name of the People 
of the State of Illinois, through the
Attorney General of the 
State of Illinois or the State's Attorney of the county
in 
which the violation is alleged to have occurred, may petition 
the circuit
court for an order enjoining such violation or for 
an order enforcing
compliance with this Act.  Upon the filing of 
a verified petition, the court
may issue a temporary 
restraining order, without bond, and may preliminarily
and 
permanently enjoin such violation. If it is established that 
such person or
other entity has violated or is violating the 
injunction, the court may punish
the offender for contempt of 
court. Proceedings under this Section shall be in
addition to, 
and not in lieu of, all other remedies and penalties provided 
by
this Act.

    (b) (Blank). If any person practices as a professional 
engineer or holds
himself out as such, without being licensed 
under the provisions of this
Act, then any professional 
engineer, or any interested party or any
person injured thereby 
may, in addition to the Director, petition for
relief as 
provided in this Section.

    (c) (Blank)

    (d) Whenever in the opinion of the Department, any person 
or other entity
violates any provision of this Act, the 
Department may issue a notice to show
cause why an order to 
cease and desist should not be entered against that
person or 
other entity.  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. 88-428; 88-595, eff. 8-26-94.)

 



    (225 ILCS 325/26)  (from Ch. 111, par. 5226)



    (Section scheduled to be repealed on January 1, 2020)

    Sec. 26. Investigations; notice and hearing. 
    (a)   The Department may investigate the actions of any 
applicant or of any person or entity holding or claiming to 
hold a license or registration under this Act.
    (b)   Before the initiation of a formal complaint, the matter 
shall be reviewed by a subcommittee of the Board according to 
procedures established by rule for the Complaint Committee. If 
a subcommittee has not been formed, the matter shall proceed 
through the process as stated in subsection (c) of this 
Section.
    (c)   The Department shall, before disciplining an applicant 
or licensee, at least 30 days before the date set for the 
hearing, (i) notify in writing the applicant or licensee of the 
charges made and the time and place for the hearing on the 
charges, (ii) direct the applicant or licensee to file a 
written answer to the charges under oath within 20 days after 
the service of the notice, and (iii) inform the applicant or 
licensee that failure to file a written answer to the charges 
will result in a default being entered against the applicant or 
licensee.
    (d)   Written or electronic notice, and any notice in the 
subsequent proceeding, may be served by personal delivery, by 
email, or by mail to the applicant or licensee at his or her 
address of record or email address of record.
    (e)   At the time and place fixed in the notice, the Board or 
hearing officer appointed by the Secretary shall proceed to 
hear the charges, and the parties or their counsel shall be 
accorded ample opportunity to present any statement, 
testimony, evidence, and argument as may be pertinent to the 
charges or to their defense. The Board or hearing officer may 
continue the hearing from time to time.
    (f)   In case the licensee or applicant, after receiving the 
notice, fails to file an answer, the license or application 
may, in the discretion of the Secretary, having first received 
the recommendation of the Board, be suspended, revoked, or 
placed on probationary status, or be subject to whatever 
disciplinary action the Secretary considers proper, including 
limiting the scope, nature, or extent of the person's practice 
or imposition of a fine, without hearing, if the act or acts 
charged constitute sufficient grounds for the action under this 
Act. 
The Department may
investigate the actions of any applicant or 
of any person or entity
holding or claiming to hold a license 
or registration or offering professional
engineering services.  
Before the initiation of an investigation, the matter
shall be 
reviewed by a subcommittee of the Board according to procedure

established by rule for the Complaint Committee.  The Department 
shall,
before refusing to issue, restore or renew a license or 
registration or
otherwise discipline a licensee or registrant, 
at least 30 days prior to the
date set for the hearing, notify 
in writing the applicant for, or holder of, a
license or 
registration of the nature of the charges, that a hearing will 
be
held on the date designated, and direct the applicant or 
entity or licensee or
registrant to file a written answer to 
the Department under oath within 20 days
after the service of 
the notice and inform the applicant or entity or licensee
or 
registrant that failure to file an answer will result in 
default being taken
against the applicant or entity or licensee 
or registrant and that the license
or certificate may be 
suspended, revoked, placed on probationary status, or
other 
disciplinary action may be taken, including limiting the scope, 
nature or
extent of practice, as the Secretary may deem proper. 
Written notice may be
served by personal delivery or certified 
or registered mail to the respondent
at the address of record. 
In case the person or
entity fails to file an answer after 
receiving notice as provided in this Section, 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 whatever disciplinary
action 
deemed 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 such statements, testimony, 
evidence and argument as may be pertinent
to the charges or to 
their defense.  The Board may continue the hearing from
time to 
time.

(Source: P.A. 96-626, eff. 8-24-09.)

 



    (225 ILCS 325/27)  (from Ch. 111, par. 5227)



    (Section scheduled to be repealed on January 1, 2020)

    Sec. 27. Record of proceedings Stenographer; transcript. 
    (a)   The Department, at its expense, shall provide a 
certified shorthand reporter to take down the testimony and 
preserve a record of all proceedings at the hearing of any case 
in which a license may be revoked or suspended or in which a 
licensee may be placed on probationary status, reprimanded, 
fined, or subjected to other disciplinary action with reference 
to the license when a disciplinary action is authorized under 
this Act and its rules. The notice of hearing, complaint, and 
all other documents in the nature of pleadings and written 
motions filed in the proceedings, the transcript of the 
testimony, the report of the Board, and the orders of the 
Department shall be the record of the proceedings. The record 
may be made available to any person interested in the hearing 
upon payment of the fee required by Section 2105-115 of the 
Department of Professional Regulation Law of the Civil 
Administrative Code of Illinois.
    (b)   The Department may contract for court reporting 
services, and, if it does so, the Department shall provide the 
name and contact information for the certified shorthand 
reporter who transcribed the testimony at a hearing to any 
person interested, who may obtain a copy of the transcript of 
any proceedings at a hearing upon payment of the fee specified 
by the certified shorthand reporter. 
The Department, at its
expense, shall preserve a record of all 
proceedings at the formal
hearing of any case involving the 
refusal to issue, restore or renew a
license or otherwise 
discipline a registrant.  The notice of hearing,
complaint and 
all other documents in the nature of pleadings and written

motions filed in the proceedings, the transcript of testimony, 
the
report of the Board and orders of the Department shall be 
in the record
of the proceeding.  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 325/27.5)
    (Section scheduled to be repealed on January 1, 2020)

    Sec. 27.5. Subpoenas; depositions; oaths. 
    (a) The Department has the power to subpoena documents, 
books, records, or other materials, to bring before it any 
person, and to take testimony either orally or by deposition, 
or take written interrogatories, or any combination thereof, 
with the same fees and mileage and in the same manner 
prescribed in civil cases in courts of this State.
    (b) The Secretary, 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. 96-626, eff. 8-24-09.)
 



    (225 ILCS 325/29)  (from Ch. 111, par. 5229)


    (Section scheduled to be repealed on January 1, 2020)

    Sec. 29. Hearing; motion for rehearing Notice of hearing; 
Findings and recommendations. 
    (a)   The Board or hearing officer appointed by the Secretary 
shall hear evidence in support of the formal charges and 
evidence produced by the licensee. At the conclusion of the 
hearing, the Board or hearing officer shall present to the 
Secretary a written report of its findings of fact, conclusions 
of law, and recommendations. If the Board fails to present its 
report, the applicant or licensee may request in writing a 
direct appeal to the Secretary, in which case the Secretary may 
issue an order based upon the report of the hearing officer and 
the record of the proceedings or issue an order remanding the 
matter back to the hearing officer for additional proceedings 
in accordance with the order.
    (b)   At the conclusion of the hearing, a copy of the Board 
or hearing officer's report shall be served upon the applicant 
or licensee, either personally or as provided in this Act for 
the service of the notice of hearing. Within 20 calendar days 
after such service, the applicant or licensee may present to 
the Department a motion, in writing, for a rehearing which 
shall specify the particular grounds for rehearing. The 
Department may respond to the motion for rehearing within 20 
calendar days after its service on the Department. If no motion 
for rehearing is filed, then upon the expiration of the time 
specified for filing such a motion, or upon denial of a motion 
for rehearing, the Secretary may enter an order in accordance 
with the recommendations of the Board or hearing officer. 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 delivery of the 
transcript to the applicant or licensee.
    (c)   If the Secretary disagrees in any regard with the 
report of the Board, the Secretary may issue an order contrary 
to the report. The Secretary shall notify the Board on any such 
deviation and shall specify with particularity the reasons for 
such action in the final order.
    (d)   Whenever the Secretary is not satisfied that 
substantial justice has been done, the Secretary may order a 
hearing by the same or another hearing officer.
    (e)   At any point in any investigation or disciplinary 
proceeding provided for in this Act, both parties may agree to 
a negotiated consent order. The consent order shall be final 
upon signature of the Secretary. 
At
the conclusion of the hearing, the Board shall present to 
the Secretary a
written report of its finding and 
recommendations.  The report shall
contain a finding whether or 
not the accused person violated this Act or
its rules or failed 
to comply with the conditions required in this Act
or its 
rules.  The Board shall specify the nature of the violation or

failure to comply, and shall make its recommendations to the 
Secretary.  The
Board may take into consideration in making its 
recommendations for
discipline all facts and circumstances 
bearing upon the reasonableness of
the conduct of the 
respondent and the potential for future harm to the
public, 
including but not limited to previous discipline by the 
Department,
intent, degree of harm to the public and likelihood 
of harm in the future,
any restitution made, and whether the 
incident or incidents complained of
appear to be isolated or a 
pattern of conduct.  In making its
recommendations for 
discipline, the Board shall endeavor to ensure that the

severity of the discipline recommended bears some reasonable 
relationship
to the severity of the violation.  The report of 
findings of fact,
conclusions of law and recommendation of the 
Board shall be the basis for
the Department's order refusing to 
issue, restore or renew a license, or
otherwise discipline a 
registrant. If the Secretary disagrees in any regard
with the 
report of the Board, the Secretary may issue an order in

contravention thereof, following the procedures set forth in 
Section 7.
The Secretary shall provide a written report to the 
Board on any deviation,
and shall specify with particularity 
the reasons for said action.  The
finding is not admissible in 
evidence against the person in a criminal
prosecution brought 
for the violation of this Act, but the hearing and
finding are 
not a bar to a criminal prosecution brought for the violation

of this Act.

(Source: P.A. 96-626, eff. 8-24-09.)

 
    (225 ILCS 325/31.5 new)
    Sec. 31.5. Confidentiality. All information collected by 
the Department in the course of an examination or investigation 
of a licensee or applicant, including, but not limited to, any 
complaint against a licensee 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 by the Department or any order issued by the 
Department against a licensee or applicant shall be a public 
record, except as otherwise prohibited by law.
 



    (225 ILCS 325/32)  (from Ch. 111, par. 5232)


    (Section scheduled to be repealed on January 1, 2020)

    Sec. 32. Hearing Appointment of a hearing officer. 
Notwithstanding any provision in this Act, the Secretary has 
the authority to appoint an attorney duly licensed to practice 
law in the State of Illinois to serve as the hearing officer in 
any action for refusal to issue or renew a license or 
discipline a licensee. The Board may have at least one member 
present at any hearing conducted by the hearing officer. The 
hearing officer shall have full authority to conduct the 
hearing. The hearing officer shall report his or her findings 
of fact, conclusions of law, and recommendations to the Board 
and to the Secretary. If Notwithstanding the provisions
of 
Section 26, the Secretary has the authority to appoint any 
attorney
duly registered to practice law in the State of 
Illinois to serve as the
hearing officer in any action for 
refusal to issue, restore or renew a
license or to discipline a 
registrant.  The hearing officer has full
authority to conduct 
the hearing.  The hearing officer shall report the
findings and 
recommendations to the Board and the Secretary.  The Board
has 
60 days from receipt of the report to review the report of the

hearing officer and present its findings of fact, conclusions 
of law and
recommendations to the Secretary.  If the Board fails 
to present its
report within the 60 day period, the Secretary 
shall issue an order based
on the report of the hearing officer 
except as herein noted.  However,
if the Secretary disagrees in 
any regard with the report of the Board or
hearing officer, the 
Secretary may issue an order in contravention
thereof, 
following the procedures set forth in Section 7.  The Secretary
 
shall provide a written report to the Board on any deviation,

and shall specify with particularity the reasons for said 
action.

(Source: P.A. 96-626, eff. 8-24-09.)

 



    (225 ILCS 325/34)  (from Ch. 111, par. 5234)



    (Section scheduled to be repealed on January 1, 2020)

    Sec. 34. Restoration from disciplinary status of suspended 
or revoked license. 
    (a) At any
time after the successful completion of a term 
of probation, suspension, or revocation, or probation of any 
license under this Act, the Department
may restore the license 
it to the licensee accused person, after review and upon the 
written recommendation of
the Board, unless after an 
investigation and a hearing, the Department
determines that 
restoration is not in the public interest.

    (b)   Where circumstances of suspension or revocation so 
indicate, the Department may require an examination of the 
licensee prior to restoring his or her license.
    (c)   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.
    (d)   A license that has been suspended or revoked shall be 
considered nonrenewed for purposes of restoration and a 
licensee restoring his or her license from suspension or 
revocation must comply with the requirements for restoration as 
set forth in Section 17 and any related rules adopted. 
(Source: P.A. 96-626, eff. 8-24-09.)

 



    (225 ILCS 325/37)  (from Ch. 111, par. 5237)



    (Section scheduled to be repealed on January 1, 2020)

    Sec. 37. Administrative review; Venue. 
    (a) All final
administrative decisions of the Department 
are subject to judicial
review pursuant to the provisions of 
the Administrative Review Law and
all rules adopted pursuant 
thereto.  The term "administrative decision"
is defined as in 
Section 3-101 of the Code of Civil Procedure.

    (b) Proceedings for judicial review shall be commenced in 
the circuit
court of the county in which the party applying for 
review resides, but
if the party is not a resident of this 
State, the venue shall be in
Sangamon County.

    (c)   The Department shall not be required to certify any 
record to the court or file any answer in court or to otherwise 
appear in any court in a judicial review proceeding 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.
    (d)   Failure on the part of the plaintiff to file a receipt 
in court shall be grounds for dismissal of the action.
    (e)   During the pendency and hearing of any and all judicial 
proceedings incident to a disciplinary action, the sanctions 
imposed upon the accused by the Department shall remain in full 
force and effect. 
(Source: P.A. 86-667.)

 



    (225 ILCS 325/41)  (from Ch. 111, par. 5241)



    (Section scheduled to be repealed on January 1, 2020)

    Sec. 41. Violation; political subdivisions, county, city 
or town; construction Political subdivisions, County, City or

Town; Construction without professional engineer.  It is 
unlawful for
the State or any of its political subdivisions, or 
any county, city or
town to engage in the construction of any 
public work involving
professional engineering, unless the 
engineering plan, specifications,
and estimates have been 
prepared by, and the construction is executed
under, the 
guidance of a professional engineer licensed under this Act.

(Source: P.A. 86-667.)

 



    (225 ILCS 325/44)  (from Ch. 111, par. 5244)



    (Section scheduled to be repealed on January 1, 2020)

    Sec. 44. Fund; appropriations; investments; audits. Moneys

deposited into in the Design Professionals Administration and 
Investigation
Fund shall be appropriated to the Department 
exclusively for expenses of
the Department and the Board in the 
administration of this Act, the Illinois
Professional Land 
Surveyor Act of 1989, the Illinois Architecture Practice
Act, 
and the Structural Engineering Practice Act of 1989.  The 
expenses of
the Department under this Act shall be limited to 
the ordinary and
contingent expenses of the Design 
Professionals Dedicated Employees within
the Department as 
established under Section 2105-75 of the
Department of 
Professional Regulation Law of the Civil Administrative Code of 
Illinois (20 ILCS 2105/2105-75) and other
expenses related to 
the
administration and enforcement of this Act.

    Moneys from the Fund may also be used for direct and 
allocable indirect
costs related to the public purposes of the 
Department of Professional
Regulation.  Moneys in the Fund may 
be transferred to the Professions Indirect
Cost Fund as 
authorized by Section 2105-300 of the Department of

Professional Regulation Law of the Civil Administrative Code of 
Illinois (20 ILCS 2105/2105-300).

    Moneys in the Design Professionals Administration and 
Investigation
Fund may be invested and reinvested with all 
earnings received from
the investments to be deposited into in 
the Design Professionals
Administration and Investigation Fund 
and used for the same purposes as
fees deposited into in the 
Fund.

    All fines and penalties under Sections Section 21 and 24, 
Section 39, Section 42, and Section
43 shall be
deposited into 
in the Design Professionals Administration and Investigation 
Fund.

    Upon the completion of any audit of the Department as 
prescribed by
the Illinois State Auditing Act that audit 
includes an audit of the
Design Professionals Administration 
and Investigation Fund, the
Department shall make the audit 
report open to inspection by any
interested person.  The copy of 
the audit report required to be
submitted to the Department by 
this Section is in addition to copies of
audit reports required 
to be submitted to other State officers and
agencies by Section 
3-14 of the Illinois State Auditing Act.

(Source: P.A. 91-91, eff. 1-1-00; 91-92, eff. 1-1-00; 91-239, 
eff. 1-1-00;
92-16, eff. 6-28-01.)

 



    (225 ILCS 325/45)  (from Ch. 111, par. 5245)



    (Section scheduled to be repealed on January 1, 2020)

    Sec. 45. Illinois Administrative Procedure Act; 
application. The Illinois
Administrative Procedure Act is 
hereby expressly adopted and incorporated
herein as if all of 
the provisions of Act were included in this Act, except
that 
the provision of subsection (d) of Section 10-65 of the 
Illinois
Administrative Procedure Act that provides that at 
hearings the registrant has
the right to show compliance with 
all lawful requirements for retention,
continuation or renewal 
of the license 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 to the last known
address of record or emailed to 
the email address of record of a party.

(Source: P.A. 88-45.)

 



    (225 ILCS 325/47)  (from Ch. 111, par. 5247)



    (Section scheduled to be repealed on January 1, 2020)

    Sec. 47. Practice of structural engineering or 
architecture. 

    (a) No professional engineer may practice
structural 
engineering as defined in the Structural Engineering Practice 
Act
of 1989 unless he or she is licensed under
the provisions 
of that Act.

    (b) No professional engineer may practice architecture as 
defined in
the Illinois Architecture Practice Act of 1989 
unless he or she is licensed
under the provisions of that Act.

(Source: P.A. 91-91, eff. 1-1-00; 92-16, eff. 6-28-01.)

 



    (225 ILCS 325/48)  (from Ch. 111, par. 5248)



    (Section scheduled to be repealed on January 1, 2020)

    Sec. 48. Construction of Act; existing Existing 
injunctions. The
provisions of this Act, insofar as they are 
the same or substantially
the same as those of any prior law, 
shall be construed as a continuation
of such prior law and not 
as a new enactment.

    Any existing injunction or temporary restraining order 
validly
obtained under The Illinois Professional Engineering 
Act, approved July
20, 1945, as amended, which prohibits 
unlicensed practice of
professional engineering or prohibits 
or requires any other conduct in
connection with the practice 
of professional engineering shall not be
invalidated by the 
enactment of this Act and shall continue to have full
force and 
effect on and after the effective date of this Act.

(Source: P.A. 86-667.)

  
 
    (225 ILCS 325/21 rep.)
    (225 ILCS 325/30 rep.)
    (225 ILCS 325/31 rep.)
    (225 ILCS 325/38 rep.)
    (225 ILCS 325/39 rep.)
    (225 ILCS 325/40 rep.)
    (225 ILCS 325/42 rep.)
    (225 ILCS 325/43 rep.)
    Section 15. The Professional Engineering Practice Act of 
1989 is amended by repealing Sections 21, 30, 31 38, 39, 40, 42 
and, 43.
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.