Public Act 096-0626
 		





SB1384 Enrolled
LRB096 08551 ASK 18673 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 4.20 and by adding Section 4.30 as follows:
 



    (5 ILCS 80/4.20)



    Sec. 4.20. Acts repealed on January 1, 2010 and December 
31, 2010. 

    (a) The following Acts are repealed on January 1, 2010:

        The Auction License Act.

        The Illinois Architecture Practice Act of 1989.

        The Illinois Landscape Architecture Act of 1989.

        The Illinois Professional Land Surveyor Act of 1989.

        The Land Sales Registration Act of 1999.

        The Orthotics, Prosthetics, and Pedorthics Practice 
    Act.

        The Perfusionist Practice Act.

        The Professional Engineering Practice Act of 1989.

        The Real Estate License Act of 2000.

        The Structural Engineering Practice Act of 1989.

    (b) The following Act is repealed on December 31, 2010: 
        The Medical Practice Act of 1987. 
(Source: P.A. 95-1018, eff. 12-18-08.)

 
    (5 ILCS 80/4.30 new)
    Sec. 4.30. Act repealed on January 1, 2020. The following 
Acts are repealed on January 1, 2020:
    The Illinois Professional Land Surveyor Act of 1989. 
    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, 14, 16, 17, 19, 21, 24, 26, 29, 31, 32, 33, 34, 36, 42 and 
43 and by adding Section 27.5 as follows:
 



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



    (Section scheduled to be repealed on January 1, 2010)

    Sec. 3. Application of the Act; 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) (b) 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 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 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) (c) 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.

    (d) 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.

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

 



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



    (Section scheduled to be repealed on January 1, 2010)

    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) (a) "Approved engineering curriculum" means
an 
engineering curriculum or program
of 4 academic years or more 
which meets the standards established by the
rules of the 
Department.

    (b) "Board" means the State Board of Professional Engineers 
of the
Department of Professional Regulation, previously known 
as the Examining
Committee.

    (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). "Director" means the Director of Professional 
Regulation.

    (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. 

    (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 Board'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 out as able to

perform any service which is recognized as professional 
engineering
practice.

    Examples of the practice of professional engineering 
include, but 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; and landing fields;
waterworks, piping 
systems and appurtenances, 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 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 those rules 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" 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 means 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, the construction 
systems, studies, 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 a design professional's practice.

(Source: P.A. 91-91, eff. 1-1-00; 91-92, eff. 1-1-00; 92-16, 
eff. 6-28-01;
92-145, eff. 1-1-02.)

 



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



    (Section scheduled to be repealed on January 1, 2010)

    Sec. 5. Powers and duties of the Department. Subject to the

provisions of this Act, the Department shall exercise the 
following
functions, powers and duties:


        (a) 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) To prescribe rules for the method, conduct and 
    grading of the
examination of applicants.


        (c) To register license corporations, partnerships, 
    professional service
corporations,
limited liability 
    companies, and sole proprietorships
for the practice of

    professional engineering and issue a certificate of 
    registration license to those who qualify.


        (d) 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) To prescribe rules as to what shall constitute an 
    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) To promulgate rules required for the 
    administration of this Act,
including rules of 
    professional conduct.


        (g) 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) 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

    promulgation of the rules affecting these matters.


        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 Director shall notify the Board in writing with 
    an explanation of
any such deviation and provide a 
    reasonable time for the Board to submit
written comments to 
    the Director regarding the proposed action.  In the
event 
    that the Board fails or declines to submit such written 
    comments within
30 days of said notification, the Director 
    may issue a final decision or orders
consistent with the 
    Director's original decision.  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) To publish and distribute or to post on the 
    Department's website, at
least semi-annually, a
newsletter 
    describing to all persons licensed and registered under 
    this
Act.  The newsletter shall describe the most recent 
    changes in this Act and the
rules adopted under this Act 
    and containing shall contain information of any final

    disciplinary action that has been ordered under this Act 
    since the date of the
last newsletter.

        (j) To review such applicant qualifications to sit for 
    the examination or for licensure as the Board designates 
    pursuant to Section 7 of this Act. 
    None of the functions, powers or duties enumerated in this 
Section
shall be exercised by the Department except upon the 
action and report
in writing of the Board.

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

 



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



    (Section scheduled to be repealed on January 1, 2010)

    Sec. 6. Composition, qualifications and terms of the Board. 

    (a) The
Board shall be appointed by the Secretary Director 
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 Director 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 continuous 
service on the Board to be longer
than 15 successive years.

    In implementing the 5 year terms, the Secretary Director 
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 not be an employee of 
the State of Illinois.
The public member shall be an Illinois 
resident and a citizen of the
United States.

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

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

    A quorum of the Board shall consist
of 6 a majority of 
Board members appointed.
 A Majority vote of the quorum is 
required for Board decisions.

    Each member of the Board may shall receive compensation as 
determined by the Secretary when attending
Board meetings or 
meetings approved by the Director 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. 91-92, eff. 1-1-00.)

 



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


    (Section scheduled to be repealed on January 1, 2010)

    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) 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 Review education and experience 
    qualifications of applicants,
including conducting oral 
    interviews as deemed necessary by the Board,
to determine 
    eligibility as an engineer intern or professional engineer

    and submit to the Director written recommendations on 
    applicant
qualifications for enrollment and licensure;


        (b) 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) Conduct hearings regarding disciplinary actions 
    and submit a
written report and recommendations to the 
    Secretary Director as required by this
Act and to provide a 
    Board member at informal conferences;


        (d) Make visits to universities or colleges to evaluate

    engineering curricula or to otherwise evaluate engineering 
    curricula and
submit to the Secretary Director a written 
    recommendation of acceptability of a
curriculum;


        (e) Submit a written recommendation to the Secretary 
    Director concerning
promulgation of rules as required in 
    Section 5 and to recommend to the Secretary
Director any 
    rules or amendments thereto for the administration of this

    Act;


        (f) Hold at least 3 regular meetings each year;


        (g) Elect annually a chairperson and a 
    vice-chairperson who shall be
professional engineers; and


        (h) Submit written comments to the Secretary Director 
    within 30 days from
notification of any final decision or 
    order from the Secretary Director 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. 91-92, eff. 1-1-00.)


 



    (225 ILCS 325/8)  (from Ch. 111, par. 5208)



    (Section scheduled to be repealed on January 1, 2010)

    Sec. 8. Applications for licensure. 

    (a) 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 shall have obtained the education and 
experience as
required in Section 10 or Section 11 prior to 
submittal of application
for examination, except as provided in 
subsection (b) of Section 11.
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 educational body
approved by the Board in 
accordance with rules prescribed 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 the Test of Spoken English (TSE) as defined 
by rule.

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

 



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



    (Section scheduled to be repealed on January 1, 2010)

    Sec. 9. Licensure qualifications; Examinations; Failure or 
refusal
to take examinations.  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 without an 
approved excuse, 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. 94-452, eff. 1-1-06.)

 



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



    (Section scheduled to be repealed on January 1, 2010)

    Sec. 10. 
Minimum standards for examination for licensure as

professional engineer.  To qualify for licensure as a 
professional
engineer each applicant shall be:

    (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
which indicate that the individual may 
be competent to practice
professional engineering, and who then 
passes a nominal 8-hour written
examination in the fundamentals 
of engineering, and a nominal 8-hour
written examination in the 
principles and practice of engineering.  Upon
passing both 
examinations, the applicant, if otherwise qualified, shall
be 
granted a license to practice professional engineering in this 
State; or

    (b) A graduate of a non-approved engineering curriculum or 
a related
science curriculum of at least 4 years and meeting 
the requirements as
set forth by rule, 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 then passes a nominal 8-hour

written examination in the fundamentals of engineering and a 
nominal
8-hour written examination in the principles and 
practice of
engineering.  Upon passing both examinations, the 
applicant, if
otherwise qualified, shall be granted a license 
to practice professional
engineering in this State; or

    (c) An engineer intern who meets the education and 
experience
qualifications of subsection (a) or (b) of this 
Section
and has passed the nominal 8-hour written examination 
in the fundamentals
of engineering,
by application
and payment 
of the required fee, may then take the nominal 8-hour written

examination in the principles and practice of engineering. If 
the applicant passes  Upon passing
that examination and submits 
evidence to the Board that meets the experience qualification 
of subsection (a) or (b) of this Section, the applicant, if 
otherwise qualified, shall be
granted a license to practice 
professional engineering in this State.

    (d) 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. 91-92, eff. 1-1-00.)

 



    (225 ILCS 325/11)  (from Ch. 111, par. 5211)



    (Section scheduled to be repealed on January 1, 2010)

    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 a nominal 8-hour written 
examination in the
fundamentals of engineering, 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 a nominal 8-hour written 
examination in the
fundamentals of engineering and furnishes 
proof that the applicant graduated of graduation within a
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 meeting the 
requirements as set
forth by rule, who submits acceptable 
evidence to the Board of an
additional 4 years or more of 
progressive experience in engineering
work, and who then passes 
a nominal 8-hour written examination in the
fundamentals of 
engineering shall be enrolled as an engineer intern, if
the 
applicant is otherwise qualified.

    The examination of applicants under subsection (b) of this 
Section
who fail to furnish proof of graduation within the 
specified 12 month
period after the examination shall be voided 
by the Department.

(Source: P.A. 89-61, eff. 6-30-95.)

 



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



    (Section scheduled to be repealed on January 1, 2010)

    Sec. 14. Seal. Every professional engineer shall
have a 
seal or
stamp, 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 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 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.  Signatures
generated by computer 
shall not be permitted.

    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. 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, 2010)

    Sec. 16. Issuance of license. Whenever the provisions of 
this
Act have been complied with the Department may shall issue 
a license as a
professional engineer and enroll the engineer 
intern.

    Every holder of a license as a professional engineer shall 
display
the license in a conspicuous place in the professional 
engineer's
principal office.

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

responsibility to inform the Department of any change of 
address.

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

 



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


    (Section scheduled to be repealed on January 1, 2010)

    Sec. 17. 
Licensure; Renewal; Restoration; Person in 
military
service; Retired.  The expiration date and renewal 
period for each professional
engineer license issued under this 
Act shall be set by the Department
by rule.  The
enrollment of 
an engineer intern shall not expire.  

    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 that person's fitness to have such
license 
restored, which may include sworn evidence certifying to active

practice in another jurisdiction satisfactory to the 
Department and by
paying the required restoration fee.
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.

    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.  

    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.

    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. 89-61, eff. 6-30-95.)

 



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



    (Section scheduled to be repealed on January 1, 2010)

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

    The Department may refuse to endorse by comity 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.

    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 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. 88-595, eff. 8-26-94; 89-61, eff. 6-30-95.)

 



    (225 ILCS 325/21)  (from Ch. 111, par. 5221)



    (Section scheduled to be repealed on January 1, 2010)

    Sec. 21. Rosters. The Department shall maintain a roster of 
the names and
addresses of all professional engineers and 
professional design firms,
partnerships, and corporations 
licensed or registered under this Act.  This
roster shall be 
available upon written request and payment of the required fee.

(Source: P.A. 88-428.)

 



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



    (Section scheduled to be repealed on January 1, 2010)

    Sec. 24. 
Rules of professional conduct; disciplinary or

administrative
action.

    (a) The Department shall adopt rules setting standards of 
professional
conduct and establish appropriate
penalty for the 
breach of such rules.

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

refuse to issue, renew, or restore, or renew a license or may 
registration, revoke, or
suspend, a license or registration, or 
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
impose a civil penalty 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) Violations Failure to comply with any provisions of 
    this Act or any of its
rules.


        (3) 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 , which is a felony, whether related to
practice 
    or not, or conviction of any crime, whether a felony,

    misdemeanor, or otherwise, an essential element of which is 
    dishonesty,
or any crime that is which is directly related 
    to the practice of engineering.


        (4) Making any misrepresentation for the purpose of 
    obtaining, renewing, or restoring a license
licensure, or 
    violating any provision of this Act or the rules 
    promulgated under this Act pertaining to advertising in 
    applying for restoration or renewal; or practice of any

    fraud or deceit in taking any examination to qualify for 
    licensure under
this Act.


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


        (6) 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 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) 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 Habitual 
    intoxication or addiction to the use of drugs.


        (11) 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) 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) A finding by the Department Board 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) 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) Inability Physical illness, including but not 
    limited to deterioration
through the aging process or loss 
    of motor skill, which results in the
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) 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) (Blank). Failing to file a return, or to pay the 
    tax, penalty or interest
shown in a filed return, or to pay 
    any final assessment of tax, penalty
or interest as 
    required by a tax Act administered by the Illinois

    Department of Revenue, until such time as the requirements 
    of any such
tax Act are satisfied.

    (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 15 of the Department of Professional Regulation Law of 
the Civil Administrative Code of Illinois (20 ILCS 
2105/2105-15). 
    (a-3) The Department shall deny a license or renewal 
authorized by this Act to a person who has defaulted on an 
educational loan or scholarship provided or guaranteed by the 
Illinois Student Assistance Commission or any governmental 
agency of this State in accordance with subdivision (a)(5) of 
Section 15 of the Department of Professional Regulation Law of 
the Civil Administrative Code of Illinois (20 ILCS 
2105/2105-15).
    (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 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.
In enforcing this Section, the Board upon a showing of a 
possible
violation may compel a person licensed to practice 
under this Act, or who has
applied for licensure or 
certification pursuant to this Act, to submit to a
mental or 
physical examination, or both, as required by and at the 
expense of
the Department.  The examining physicians shall be 
those specifically
designated by the Board.  The Board or the 
Department may order the examining
physician to present 
testimony concerning this mental or physical examination
of the 
licensee  or applicant.  No information shall be excluded by 
reason of
any common law or statutory privilege relating to 
communications between the
licensee or applicant and the 
examining physician.  The person to be examined
may have, at his 
or her own expense, another physician of his or her choice

present during all aspects of the examination.  Failure of any 
person to submit
to a mental or physical examination, when 
directed, shall be grounds for
suspension of a license until 
the person submits to the examination if the
Board
finds, after 
notice and hearing, that the refusal to submit to the 
examination
was
without reasonable cause.

    If the Board finds a person unable to practice because of 
the reasons set
forth in this Section, the Board may require 
that person to submit to care,
counseling, or treatment by 
physicians approved or designated by the Board as
a condition, 
term, or restriction for continued, reinstated, or renewed

licensure to practice; or, in lieu of care, counseling, or 
treatment, the Board
may recommend to the Department to file a 
complaint to immediately suspend,
revoke, or otherwise 
discipline the license of the person.  Any person whose
license 
was granted, continued, reinstated, renewed, disciplined, or 
supervised
subject to such terms, conditions, or restrictions 
and who fails to comply
with such terms, conditions, or 
restrictions shall be referred to the Director
for a 
determination as to whether the person shall have his or her 
license
suspended immediately, pending a hearing by the Board.

    (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 Director that the registrant be allowed to 
resume practice.

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

 



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



    (Section scheduled to be repealed on January 1, 2010)

    Sec. 26. Investigations; notice and hearing. 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 Board 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 Director 
may deem proper. Written notice may be
served by personal 
delivery or certified or registered mail to the respondent
at 
the address of record currently on file with the Department. 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. 87-1031; 88-428.)

 
    (225 ILCS 325/27.5 new)

    Sec. 27.5. Subpoenas; depositions; oaths. 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.
    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. 
 



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


    (Section scheduled to be repealed on January 1, 2010)

    Sec. 29. Notice of hearing; Findings and recommendations. 
At
the conclusion of the hearing, the Board shall present to 
the Secretary Director 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 Director.  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 Director disagrees in any regard

with the report of the Board, the Secretary Director may issue 
an order in
contravention thereof, following the procedures set 
forth in Section 7.
The Secretary Director 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. 86-667.)

 



    (225 ILCS 325/31)  (from Ch. 111, par. 5231)


    (Section scheduled to be repealed on January 1, 2010)

    Sec. 31. Secretary Director; Rehearing. Whenever the 
Secretary Director is not
satisfied that substantial justice 
has been done in the refusal to
issue, restore or renew a 
license, or otherwise discipline a registrant,
the Secretary 
Director may order a rehearing by the same or other examiners.

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

 



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


    (Section scheduled to be repealed on January 1, 2010)

    Sec. 32. Appointment of a hearing officer. Notwithstanding 
the provisions
of Section 26, the Secretary Director 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 Director.  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 Director.  If the Board fails to present its

report within the 60 day period, the Secretary Director shall 
issue an order based
on the report of the hearing officer 
except as herein noted.  However,
if the Secretary Director 
disagrees in any regard with the report of the Board or
hearing 
officer, the Secretary Director may issue an order in 
contravention
thereof, following the procedures set forth in 
Section 7.  The Secretary
Director shall provide a written 
report to the Board on any deviation,
and shall specify with 
particularity the reasons for said action.

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

 



    (225 ILCS 325/33)  (from Ch. 111, par. 5233)


    (Section scheduled to be repealed on January 1, 2010)

    Sec. 33. Order or certified copy; Prima facie proof. An 
order
or a certified copy thereof, over the seal of the 
Department and
purporting to be signed by the Secretary 
Director, shall be prima facie proof:

    (a) That such signature is the genuine signature of the 
Secretary Director;

    (b) That such Secretary Director is duly appointed and 
qualified; and

    (c) That the Board and the members thereof are qualified to 
act.

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





 



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



    (Section scheduled to be repealed on January 1, 2010)

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

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

 



    (225 ILCS 325/36)  (from Ch. 111, par. 5236)


    (Section scheduled to be repealed on January 1, 2010)

    Sec. 36. Temporary suspension of a license. The Secretary 
Director may
temporarily suspend the license of a professional 
engineer without a
hearing, simultaneously with the 
institution of proceedings for a
hearing provided for in 
Section 26 of this Act, if the Secretary Director finds
that 
evidence in the Secretary's Director's possession indicates 
that a professional
engineer's continuation in practice would 
constitute an imminent danger
to the public.  In the event that 
the Secretary Director temporarily suspends the
license of a 
professional engineer without a hearing, a hearing by the
Board 
must be held within 30 days after such suspension has occurred.

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


 



    (225 ILCS 325/42)  (from Ch. 111, par. 5242)



    (Section scheduled to be repealed on January 1, 2010)

    Sec. 42. Civil penalties. 

    (1) In addition to any other penalty provided by law, any 
person, sole
proprietorship, professional service corporation, 
limited liability company,
partnership, or other entity
who

violates Section 40 of this Act shall forfeit and pay to the 
Design
Professionals Administration and Investigation Fund a 
civil penalty in an
amount determined by the Department of not 
more than $10,000 $5,000 for
each offense.  The penalty shall be 
assessed in proceedings as provided in
Sections 26 through 33 
and Section 37 of this Act.

    (2) Unless the amount of the penalty is paid within 60 days 
after the
order becomes final, the order shall constitute a 
judgment and shall be
filed and execution issued thereon in the 
same manner as the judgment of
a court of record.

(Source: P.A. 88-595, eff. 8-26-94; 89-61, eff. 6-30-95.)

 



    (225 ILCS 325/43)  (from Ch. 111, par. 5243)


    (Section scheduled to be repealed on January 1, 2010)

    Sec. 43. Consent order. At any point in the proceedings as

provided in Sections 25 through 33 and Section 37, both parties 
may
agree to a negotiated consent order.  The consent order 
shall be final
upon signature of the Secretary Director.

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


 
    Section 15. The Illinois Professional Land Surveyor Act of 
1989 is amended  by changing Sections 4, 5, 6, 7, 8, 9, 10, 12, 
13, 16.5, 18, 19, 23, 25, 27, 28, 29, 30, 31, 33, 34, 35, 36, 
36.1, 37, 40, and 43 as follows:
 



    (225 ILCS 330/4)  (from Ch. 111, par. 3254)



    (Section scheduled to be repealed on January 1, 2010)

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

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

    (b) "Secretary" "Director" means the Secretary Director of 
the Department of Financial and Professional Regulation.

    (c) "Board" means the Land Surveyors Licensing Board.

    (d) "Direct supervision and control" means the personal 
review by a
Licensed Professional Land Surveyor of each survey, 
including, but not
limited to, procurement, research, field 
work, calculations, preparation of
legal descriptions and 
plats.  The personal review shall be of such a
nature as to 
assure the client that the Professional Land Surveyor or the

firm for which the Professional Land Surveyor is employed is 
the provider
of the surveying services.

    (e) "Responsible charge" means an individual responsible 
for the various
components of the land survey operations 
subject to the overall supervision
and control of the 
Professional Land Surveyor.

    (f) "Design professional" means a land surveyor, 
architect, structural
engineer, or professional engineer 
licensed in conformance
with this Act,
the Illinois 
Architecture Practice Act of 1989, the
Structural Engineering 
Practice Act of 1989, or the
Professional Engineering Practice 
Act of 1989.

    (g) "Professional Land Surveyor" means any person licensed 
under the
laws of the State of Illinois to practice land 
surveying, as defined by
this Act or its rules.

    (h) "Land Surveyor-in-Training" means any person licensed 
under the laws
of the State of Illinois who has qualified for, 
taken, and passed an
examination in the fundamental land 
surveyor-in-training subjects as
provided by this Act or its 
rules.

    (i) "Land surveying experience" means those activities 
enumerated in
Section 5 of this Act, which, when exercised in 
combination, to the
satisfaction of the Board, is proof of an 
applicant's broad range of
training in and exposure to the 
prevailing practice of land surveying.

    (j) "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 contacting the Department's licensure 
maintenance unit.
(Source: P.A. 92-16, eff. 6-28-01; 93-467, eff. 1-1-04.)

 



    (225 ILCS 330/5)  (from Ch. 111, par. 3255)



    (Section scheduled to be repealed on January 1, 2010)

    Sec. 5. Practice of land surveying defined. Any person who 
practices in Illinois as a professional land surveyor who 
renders, offers to render, or holds himself or herself out as 
able to render, or perform any service, the adequate 
performance of which involves the special knowledge of the art 
and application of the principles of the accurate and precise 
measurement of length, angle, elevation or volume, 
mathematics, the related physical and applied sciences, and the 
relevant requirements of law, all of which are acquired by 
education, training, experience, and examination. Any one or 
combination
of the following practices constitutes the 
practice of land surveying:

    (a) Establishing or
reestablishing, locating, defining, 
and making or monumenting land
boundaries or title or real 
property lines and the platting of lands and subdivisions;

    (b) Establishing the area or volume of
any portion of the 
earth's surface, subsurface, or airspace with respect to 
boundary lines,
determining the configuration or contours of 
any portion of the earth's
surface, subsurface, or airspace or 
the location of fixed objects thereon,
except as performed by 
photogrammetric methods
or except when the level of accuracy 
required is
less than the level of accuracy required by the 
National Society of Professional Surveyors Model Standards and 
Practice the American Congress on Surveying and 
Mapping-designated Classes of
Surveying;

    (c) Preparing descriptions for the determination of title 
or real property rights to any
portion or volume of the earth's 
surface, subsurface, or airspace involving the
lengths and 
direction of boundary lines, areas, parts of platted parcels or 
the
contours of the earth's surface, subsurface, or airspace;

    (d) Labeling, designating, naming, or otherwise 
identifying
legal lines or land title lines of the United 
States
Rectangular System
or any subdivision thereof on any 
plat, map, exhibit, photograph, photographic composite, or

mosaic or photogrammetric map of any portion of the earth's 
surface for the
purpose of recording the same in the Office of 
Recorder in any county;

    (e) Any act or combination of acts that would be
viewed as

offering
professional land surveying services including:


        (1) setting monuments which have the appearance of or 
    for the express
purpose of marking land boundaries, either 
    directly or as an accessory; or


        (2) providing any sketch, map, plat, report, monument 
    record, or other
document which indicates land boundaries 
    and monuments, or accessory
monuments thereto, except that 
    if the sketch, map, plat, report, monument
record, or other 
    document is a copy of an original prepared by a

    Professional Land Surveyor, and if proper reference to that 
    fact be made on
that document;

        (3) performing topographic surveys, with the exception 
    of  a licensed professional engineer knowledgeable in 
    topographical surveys that performs a topographical survey 
    specific to his or her design project. A licensed 
    professional engineer may not, however,  offer topographic 
    surveying services that are independent of his or her 
    specific design project; or 
        (4) locating, relocating, establishing, 
    re-establishing, retracing, laying out, or staking of the 
    location, alignment, or elevation of any proposed 
    improvements whose location is dependant upon property 
    lines; 
    (f) Determining the horizontal or vertical position or 
state plane coordinates for any monument or reference point 
that
marks a title or real property line, boundary, or corner, 
or to set, reset, or replace any
monument or reference point on 
any title or real property;

    (g) Creating, preparing, or modifying electronic or 
computerized data
or maps, including land information systems 
and geographic information systems, relative to the 
performance of activities in items (a), (b), (d), (e), through 
(f), and (h) of this
Section, except where
electronic means or 
computerized data is otherwise utilized to integrate,
display, 
represent, or assess the created, prepared, or modified data;

    (h) Establishing or adjusting any control network or any 
geodetic control network or adjusting of cadastral data as it

pertains to items (a) through (g) of this Section together with 
the assignment of measured values to any United States 
Rectangular System corners, title or real property corner 
monuments or geodetic monuments;

    (i) Preparing and attesting to the accuracy of a map or 
plat showing the
land boundaries or lines and marks and 
monuments of the boundaries or of a map
or plat showing the 
boundaries of surface, subsurface, or air rights;

    (j) Executing and issuing certificates, endorsements, 
reports, or plats
that
portray the horizontal or vertical 
relationship between existing physical objects or structures 
and
one or more corners, datums, or boundaries of any portion 
of the earth's surface,
subsurface, or airspace;

    (k) Acting in direct supervision and control of land 
surveying activities or
acting as a manager in any place of 
business that solicits, performs, or
practices land surveying;

    (l) Offering or soliciting to perform any of the services 
set
forth in this
Section; .

    (m) 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 1270.57. 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 perform 
such functions. 
(Source: P.A. 93-467, eff. 1-1-04.)

 



    (225 ILCS 330/6)  (from Ch. 111, par. 3256)



    (Section scheduled to be repealed on January 1, 2010)

    Sec. 6. Powers and duties of the Department. 

    (a) The Department shall exercise the powers and duties 
prescribed by The
Illinois Administrative Procedure Act for the 
administration of licensing Acts.
 The Department shall also 
exercise, subject to the provisions of this Act, the
following 
powers and duties:


        (1) Conduct or authorize examinations to ascertain the 
    fitness and
qualifications of applicants for licensure and 
    issue licenses to those who
are found to be fit and 
    qualified.


        (2) Prescribe rules for a method of examination.


        (3) Conduct hearings on proceedings to revoke, 
    suspend, or refuse to
issue, renew, or restore a license, 
    or other disciplinary actions.


        (4) Promulgate rules and regulations required for the 
    administration of
this Act.


        (5) License corporations, and partnerships, and all 
    other business entities for the practice of
professional 
    surveying and issue a license to those who qualify.


        (6) Prescribe, adopt, and amend rules as to what shall 
    constitute a
surveying or related science curriculum, 
    determine if a specific
surveying curriculum is in 
    compliance with the rules, and terminate the
approval of a 
    specific surveying curriculum for non-compliance with such 
    rules.


        (7) Maintain membership in the National Council of 
    Engineering Examiners
or a similar organization and 
    participate in activities of the Council or
organization by 
    designating individuals
for the various classifications of 
    membership and appoint
delegates for attendance at zone and 
    national meetings of the Council or
organization.


        (8) Obtain written recommendations from the Board 
    regarding
qualification of individuals for licensing, 
    definition of
curriculum content and approval of surveying 
    curriculums, standards of
professional conduct and 
    disciplinary actions, promulgate and
amend the rules 
    affecting these matters, and consult with the
Board on 
    other matters affecting administration of the Act.

    (a-5) The Department may promulgate rules for a Code of 
Ethics and
Standards
of Practice to be followed by persons 
licensed under this Act.  The Department
shall consider the 
recommendations of the Board in establishing the Code of
Ethics 
and Standards of Practice.

    (b) The Department shall consult with the Board in 
promulgating rules.
Notice of proposed rulemaking shall be 
transmitted to the Board and the
Department shall review the 
Board's response and recommendations.

    (c) The Department shall review the Board's recommendation 
of the
applicants' qualifications.  The Secretary Director 
shall notify the Board in writing
with an explanation of any 
deviation from the Board's recommendation.
After review of the 
Secretary's Director's written explanation of his or her 
reasons
for
deviation, the Board shall have the opportunity to 
comment upon the Secretary's Director's
decision.

    Whenever the Secretary Director is not satisfied that 
substantial justice has been
done in the revocation or 
suspension of a license, or other disciplinary
action, the 
Secretary Director may order re-hearing by the same or other 
boards.

    None of the functions, powers or duties enumerated in this 
Section shall
be exercised by the Department except upon the 
action and report in writing of
the Board.

(Source: P.A. 93-467, eff. 1-1-04.)

 



    (225 ILCS 330/7)  (from Ch. 111, par. 3257)



    (Section scheduled to be repealed on January 1, 2010)

    Sec. 7. 
Creation of the Board; Composition and 
qualifications and terms
of the Board.  The Board shall be 
appointed by the Secretary Director and shall
consist of 7 
members, one of whom shall be a public member and 6 of whom

shall be Professional Land Surveyors.  The members shall be

residents of Illinois.  Each Professional Land Surveyor member 
shall (a)
currently hold a valid Professional Land Surveyor 
license in Illinois and
shall have held the license under this 
Act or its predecessor for the
previous 10 year period, and (b) 
have not been disciplined
within the last 10 year period under 
this Act or its predecessor.
 The public member shall not be
an 
employee of the State of Illinois or of the federal government, 
and
shall not be licensed under this Act or any other design 
profession licensing Act that the Department administers.

    Members shall be appointed who reasonably
represent the 
different geographic areas of Illinois and shall serve for 5

year terms, and until
their successors are qualified and 
appointed.   A member shall not be
eligible for appointment to 
more than 10 years in a lifetime more than 2 consecutive 5 year 
terms.
Appointments to fill vacancies shall be made for the 
unexpired portion of the term.  Initial terms shall
begin on the 
effective date of this Act.
Board members currently appointed 
under this Act and
in office
on the effective date of this Act 
shall continue to hold office until
their terms expire and they 
are replaced.
All appointments shall
be made on the basis of 
individual professional qualifications with the
exception of 
the public member and shall not be based upon race, sex, or

religious or political affiliations.

    Each member of the Board may shall receive compensation 
when attending to the
work of the Board or any of its 
committees and for time spent in necessary
travel.  In addition, 
members shall be reimbursed for actual traveling,
incidentals, 
and expenses necessarily incurred in carrying out their duties

as members of the Board.

    The Secretary may Director shall consider the advice and 
recommendations of the Board
on issues involving standards of 
professional conduct, discipline, and
qualifications of the 
candidates and licensees under this Act.

    The Secretary shall give due consideration to The Director 
shall make the Board appointments within 90 days of any

vacancy.  The Professional Land Surveyor members shall be 
selected from a
current list of candidates updated by June 1 of 
each year, as submitted by
members of the land surveying 
profession and by affiliated organizations.

    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.

    The Secretary Director may remove any member of the Board 
for misconduct,
incompetence, neglect of duty, or for any 
reason prescribed by law for removal
of State Officials or for 
not attending 2 consecutive Board meetings.

(Source: P.A. 91-132, eff. 1-1-00.)

 



    (225 ILCS 330/8)  (from Ch. 111, par. 3258)



    (Section scheduled to be repealed on January 1, 2010)

    Sec. 8. Powers and duties of the Board; quorum. Subject to 
the
provisions
of this Act, the Board shall exercise the 
following functions, powers, and
duties:


        (a) 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 Review education and experience 
    qualifications of applicants to
determine eligibility as a 
    Professional Land Surveyor or Land
Surveyor-in-Training 
    and submit to the Director written recommendations on

    applicant qualifications for licensing;


        (b) Conduct hearings regarding disciplinary actions 
    and submit a written
report to the Secretary Director as 
    required by this Act and provide a Board
member at informal 
    conferences;


        (c) Visit universities or colleges to evaluate 
    surveying
curricula and submit to the Secretary Director a 
    written recommendation of
acceptability of the curriculum;


        (d) Submit a written recommendation to the Secretary 
    Director concerning
promulgation or amendment of rules for 
    the administration of this Act;


        (e) 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;


        (f) 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;


        (g) Hold at least 3 4 regular meetings each year; and


        (h) The Board shall annually elect a Chairperson and a 
    Vice Chairperson
who shall be licensed
Illinois 
    Professional Land Surveyors.

    A quorum of the Board shall consist of 4 a majority of 
Board members
appointed. A quorum is required for all Board 
decisions. 
    Subject to the provisions of this Act, the Board may 
exercise the following duties as deemed necessary by the 
Department: (i) review education and experience qualifications 
of applicants, including conducting oral interviews; (ii) 
determine eligibility as a Professional Land Surveyor or Land 
Surveyor-in-Training; and (iii) submit to the Secretary 
recommendations on applicant qualifications for enrollment and 
licensure. 

(Source: P.A. 93-467, eff. 1-1-04.)

 



    (225 ILCS 330/9)  (from Ch. 111, par. 3259)



    (Section scheduled to be repealed on January 1, 2010)

    Sec. 9. Deviation from Board recommendations. On matters

concerning qualification of individuals for licensing,

definition of curriculum content and approval of surveying 
curriculums,
standards of professional conduct and 
disciplinary actions, and the
promulgation and amendment of the 
rules affecting these matters, the
Secretary Director shall 
notify the Board in writing with an explanation of any

deviation from the Board's written recommendation or response.  
The Board
shall have the opportunity to comment upon the 
Secretary's Director's decision after
review of the 
Secretary's Director's written explanation of his reasons for 
deviation.

(Source: P.A. 86-987.)

 



    (225 ILCS 330/10)  (from Ch. 111, par. 3260)



    (Section scheduled to be repealed on January 1, 2010)

    Sec. 10. Application for original license. Every person who 
desires
to obtain a license shall apply to the Department in 
writing, upon forms
prepared and furnished by the Department.  
Each application shall contain
statements made under oath, 
showing the applicant's education, a
detailed summary of his or 
her land surveying experience, and
verification of the

applicant's land surveying experience by the applicant's 
supervisor who shall
be a licensed land
surveyor licensed in 
this State or any other state or territory of the U.S. where 
experience is similar and
who
shall
certify the applicant's 
experience, and
the application shall be accompanied with the 
required fee.
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 an evaluating service a 
nationally
recognized educational body approved by the 
Department Board in accordance with rules
prescribed by the 
Department.

    An applicant who graduated from a land surveying 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 the Test of Spoken English (TSE) as defined 
by rule.

(Source: P.A. 91-132, eff. 1-1-00.)


 



    (225 ILCS 330/12)  (from Ch. 111, par. 3262)



    (Section scheduled to be repealed on January 1, 2010)

    Sec. 12. Qualifications for licensing. 

    (a) A person is qualified to
receive a license as a 
Professional Land Surveyor and the Department shall
issue a 
license to a person:


        (1) who has applied in writing in the required form and 
    substance to the
Department;


        (2) (blank);

        (2.5) who has not violated any provision of this Act or 
    its rules; 

        (3) who is of good ethical character, including 
    compliance with the Code of Ethics and Standards of 
    Practice promulgated by rule pursuant to this Act, and has 
    not committed an act or offense in any jurisdiction that 
    would constitute grounds for discipline of a land surveyor 
    licensed under this Act; who is of good moral character;


        (4) who has been issued a license as a Land

    Surveyor-in-Training;


        (5) who, subsequent to passing the an examination 
    authorized by the Department for licensure as a

    Surveyor-In-Training, has at least 4 years of responsible 
    charge experience
verified by a professional land surveyor 
    in direct supervision and control of
his or her activities; 
    and


        (6) who has passed an examination authorized by the 
    Department
to
determine his or her fitness to receive a 
    license as a Professional Land
Surveyor; and .
        (7) who has a baccalaureate degree in a related science 
    if he or she does not have a baccalaureate degree in land 
    surveying from an accredited college or university. 

    (b) A person is qualified to receive a license as a Land

Surveyor-in-Training and the Department shall issue a license 
to a person:


        (1) who has applied in writing in the required form 
    provided by and substance to the
Department;


        (2) (blank);
 
    
    (3) who is of good moral character;


        (4) who has the required education as set forth in this 
    Act; and


        (5) who has passed an examination authorized by the 
    Department
to
determine his or her fitness to receive a 
    license as a Land
Surveyor-in-Training in accordance with 
    this Act.

    In determining moral character under
this Section, the 
Department may take into consideration whether the
applicant 
has engaged in conduct or actions that would constitute grounds 
for
discipline under this Act.

(Source: P.A. 93-467, eff. 1-1-04.)


 



    (225 ILCS 330/13)  (from Ch. 111, par. 3263)


    (Section scheduled to be repealed on January 1, 2010)

    Sec. 13. 
Qualifications for examination for Licensed Land

Surveyor-in-Training.  Applicants for the examination for Land

Surveyor-in-Training shall have:

    (1) a baccalaureate degree in Land Surveying as defined by 
rule from an accredited
program college
or university; or

    (2) a baccalaureate degree in a related science including 
at least 24
semester hours of land surveying courses from a 
Department Board approved curriculum of an
accredited 
institution; .

    (3) an Associate of Science degree in surveying or a 
related science, at least 24 semester hours of land surveying 
courses from a Board approved  curriculum of an accredited 
institution, and at least 2 years of land surveying experience 
verified by a professional land surveyor that was in direct 
supervision and control of his or her activities; or 
    (4) a high school diploma or equivalent, at least 24 
semester hours of land surveying courses from a Board approved 
curriculum of an accredited institution, and at least 4 years 
of land surveying experience verified by a professional land 
surveyor that was in direct supervision and control of his or 
her activities. 
(Source: P.A. 91-132, eff. 1-1-00.)



 



    (225 ILCS 330/16.5)



    (Section scheduled to be repealed on January 1, 2010)

    Sec. 16.5. Unlicensed practice; violation; civil penalty. 

    (a) Any person who practices, offers to practice, attempts 
to practice, or
holds oneself out to practice as a professional 
land surveyor or as a land
surveyor-in-training without being 
licensed 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 $5,000 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 the provisions set forth in this Act
regarding 
the provision of a hearing for the discipline of a licensee.

    (b) The Department has the authority and power to 
investigate any and all
unlicensed activity.

    (c) 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 judgment
and may be filed and 
execution had thereon in the same manner as any judgment
from 
any court of record.

(Source: P.A. 89-474, eff. 6-18-96.)


 



    (225 ILCS 330/18)  (from Ch. 111, par. 3268)



    (Section scheduled to be repealed on January 1, 2010)

    Sec. 18. Renewal, reinstatement or restoration of license; 
Persons
in military service.   
    (a) The expiration date and renewal period for each
license 
as a Professional Land Surveyor issued under this Act shall be 
set
by rule.  The holder of a license may renew such license 
during the month
preceding the expiration date by paying the 
required fee. 

    (b) Any Professional Land Surveyor whose license has been 
inactive for less
than 5 years is required to pay the current 
renewal fee and shall have his
or her license restored.

    If the Professional Land Surveyor has not maintained an 
active practice in
another jurisdiction satisfactory to the 
Department, the Department shall
determine,
by an evaluation 
program established by rule, the person's fitness to
resume 
active status and may require that person to successfully 
complete an examination.

    (c) A Professional Land Surveyor whose license has been 
expired for more than
5 years may have the
license restored by 
making application to the Department and filing proof

acceptable to the Department Board of fitness to have the 
license restored,
including, but not limited to, sworn evidence 
certifying to active practice in another
jurisdiction and 
payment of the required renewal,
reinstatement or restoration 
fee.

    However, any Professional Land Surveyor whose license 
expired while
engaged (a) in federal service on active duty 
with the armed forces of
the United States, or the State 
Militia called into active service or
training, or (b) in 
training or education under the supervision of the
United 
States preliminary to induction into the military service, may 
have
a license renewed without paying any lapsed reinstatement 
or restoration
fees upon passing an oral examination by the 
Board, or without taking any
examination, if approved by the 
Board, if, within 2 years after the
termination other than by 
dishonorable discharge of such service, training, or 
education,
the licensee furnishes the Department with an 
affidavit to
the effect the licensee was so engaged and that 
the service, training, or education
has so terminated.

    (d) A license for a Land Surveyor-in-Training is valid for 
10 years and may not be renewed.

(Source: P.A. 91-132, eff. 1-1-00.)

 



    (225 ILCS 330/19)  (from Ch. 111, par. 3269)



    (Section scheduled to be repealed on January 1, 2010)

    Sec. 19. Inactive status; Restoration. Any person 
Professional Land
Surveyor who notifies the Department, in 
writing on forms prescribed by the
Department, may elect to 
place his or her license on an inactive status and
shall, 
subject to rules of the Department, be excused from the payment 
of
renewal fees until he or she notifies the Department in 
writing of the
intention desire to resume active status.

    Any Professional Land Surveyor requesting restoration from 
inactive
status is required to pay the current renewal
fee and 
shall have his or her license restored.  A Professional Land

Surveyor whose license has been on inactive status for more 
than 5 years
may have the license restored by making 
application to the Department and
filing proof acceptable to 
the Board of fitness to have the license
restored, including, 
but not limited to, sworn evidence certifying to
active 
practice in another jurisdiction and payment of the required

renewal, reinstatement or restoration fee.

    Any Professional Land Surveyor whose license is in an 
inactive status
shall not practice land surveying in the State 
of Illinois.

(Source: P.A. 86-987.)

 



    (225 ILCS 330/23)  (from Ch. 111, par. 3273)



    (Section scheduled to be repealed on January 1, 2010)

    Sec. 23. Address of Record Change of address; Names of 
licensed surveyors to be published. 
It is the
responsibility 
of a Professional Land Surveyor or Land Surveyor-in-Training
to 
inform the Department of any change of address or name.
The 
Department shall maintain a roster of names and addresses of 
all professional land surveyors and professional design firms, 
partnerships, and corporations licensed or registered under 
this Act. This roster shall be available upon request and 
payment of the required fee. The Department shall, at least 
annually, publish a list of the
names of all Professional Land 
Surveyors who are in good standing as of the
date the list is 
prepared for publication and of all persons whose
licenses have 
been suspended or revoked within the previous year, together

with such other information relative to the enforcement of the 
provisions
of this Act as it may deem of interest to the 
public.
Upon request, such
lists shall be mailed to the County 
Clerk as a public record.  Such lists
shall also be mailed by 
the Department to any person in the State upon
request, and 
payment of the required fee.

(Source: P.A. 86-987.)

 



    (225 ILCS 330/25)  (from Ch. 111, par. 3275)



    (Section scheduled to be repealed on January 1, 2010)

    Sec. 25. Professional design firm registration. 

    (a) Nothing in this Act shall prohibit the formation, under 
the provisions
of the Professional Service Corporation Act, of 
a corporation to
offer the practice of professional land 
surveying.

    Any business, including a Professional Service 
Corporation, that includes
within its stated purposes or 
practices, or holds itself out as available to
practice, 
professional land surveying 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 land surveyor 
services to the public.  Any sole proprietorship
owned and 
operated by a professional land surveyor 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 
Land
Surveyor 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 the
Professional Engineering 
Practice Act of 1989, as an architect under the
Illinois 
Architecture Practice Act of 1989, as a structural engineer 
under the
Structural Engineering Practice Act of 1989, or as a 
Professional Land Surveyor
under this Act.

    (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 land 
surveyor 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 land 
surveying in Illinois.

    No individual whose license to practice professional land 
surveying in this
State is currently in a suspended or revoked 
state 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 land surveying 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 land 
    surveying 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 land 
surveying 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
a professional 
design firm shall notify the Department of this fact in 
writing,
by certified mail, 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 licensure 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 period.

    If the professional design firm has not notified the 
Department in writing,
by certified mail within the specified 
time, the registration shall be
terminated without prior 
hearing.  Notification of termination shall be sent by
certified 
mail to the address of record last known address of the 
business.  If the professional
design firm continues to operate 
and offer professional land surveyor services
after the 
termination, the Department may seek prosecution under 
Sections 27,
43, and 16.5 46 of this Act for the unlicensed 
practice of professional land
surveying.

    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 
land surveying 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 land surveyor.  All
disciplinary action 
taken or pending against a corporation or partnership
before 
the effective date of this amendatory Act of 1999 shall be 
continued or
remain in effect without the Department filing 
separate actions.

    (h) Any professional services corporation, sole 
proprietorship,
or
professional design firm offering land 
surveying
services
must have a
resident professional land 
surveyor whose license is not suspended or revoked overseeing 
the land surveying practices in each location
in which land 
surveying services are provided.

(Source: P.A. 91-132, eff. 1-1-00.)

 



    (225 ILCS 330/27)  (from Ch. 111, par. 3277)



    (Section scheduled to be repealed on January 1, 2010)

    Sec. 27. Grounds for disciplinary action. 

    (a) The Department may, singularly or in combination, 
refuse to
issue, restore, or renew a license, or may revoke or 
suspend a license or registration,
or may place on probation or 
administrative supervision, suspend, or revoke any license, or 
may , censure, reprimand or take any disciplinary or 
non-disciplinary action as the Department may deem proper, 
including the imposition of fines impose a civil penalty not to

exceed $10,000 per violation, upon any person, corporation, 
partnership, or professional land
surveying firm licensed or 
registered under this Act for any one or combination
of the 
following reasons:


        (1) material misstatement in furnishing information to 
    the Department;


        (2) violation, including, but not limited to, neglect 
    or intentional
disregard, of this Act, or its rules;


        (3) 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 of which an essential element is 
    dishonesty, or any crime that is directly related to the 
    practice of the profession; conviction of any crime under 
    the laws of the United States, or any
state or territory 
    thereof, which is a felony, whether related to practice
or 
    not, or conviction of any crime, whether a felony, 
    misdemeanor, or
otherwise, an essential element of which is 
    dishonesty or which is directly
related to the practice of 
    land surveying;


        (4) making any misrepresentation for the purpose of 
    obtaining a license,
or in applying for restoration or 
    renewal, or the practice of any fraud or
deceit in taking 
    any examination to qualify for licensure under this Act;


        (5) purposefully making false statements or signing 
    false statements,
certificates, or affidavits to induce 
    payment;


        (6) proof of carelessness, incompetence, negligence, 
    or misconduct in
practicing land surveying;


        (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 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) inability to practice with reasonable judgment, 
    skill, or safety as a result of habitual or excessive use 
    of, or addiction to, alcohol, narcotics, stimulants or any 
    other chemical agent or drug; habitual intoxication or 
    addiction to the use of drugs;


        (11) 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) 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;


        (12.5) issuing a map or plat of survey where the fee 
    for professional
services is contingent on a real estate 
    transaction closing;


        (13) a finding by the Department Board that an 
    applicant or licensee has failed to
pay
a fine imposed by 
    the Department or a licensee whose license has been
placed 
    on probationary status has violated the terms of probation;


        (14) practicing on an expired, inactive, suspended, or 
    revoked license;


        (15) signing, affixing the Professional Land 
    Surveyor's seal or
permitting the Professional Land 
    Surveyor's seal to be affixed to any map
or plat of survey 
    not prepared by the Professional
Land Surveyor or under the 
    Professional Land Surveyor's direct supervision and

    control;


        (16) physical illness, including but not limited to 
    deterioration
through the aging process or loss of motor 
    skill, which results in the
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 or loss of motor 
    skill or a mental illness or disability;


        (17) (blank); or issuing a check or other guarantee to 
    the order of the Department
which is not honored on 2 
    occasions by the financial institution upon which
it is 
    drawn because of insufficient funds;


        (18) failure to adequately supervise or control land 
    surveying
operations being performed by subordinates.

    (a-5) In enforcing this Section, the Department or Board, 
upon a showing of a possible violation, may compel a person 
licensed to practice under this Act, or who has applied for 
licensure or certification pursuant to this Act, to submit to a 
mental or physical examination, or both, as required by and at 
the expense of the Department. The Department or Board may 
order the examining physician to present testimony concerning 
the mental or physical examination of the licensee or 
applicant. No information shall be excluded by reason of any 
common law or statutory privilege relating to communications 
between the licensee or applicant and the examining physician. 
The examining physicians shall be specifically designated by 
the Board or Department. The individual to be examined may 
have, at his or her own expense, another physician of his or 
her choice present during all aspects of the examination. 
Failure of an individual to submit to a mental or physical 
examination when directed shall be grounds for the immediate 
suspension of his or her license until the individual submits 
to the examination if the Department finds that the refusal to 
submit to the examination was without reasonable cause as 
defined by rule. 
    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 person's license 
pursuant to the results of a compelled mental or physical 
examination, a hearing on that person's license must be 
convened by the Department within 15 days after the suspension 
and completed without appreciable delay. The Department and 
Board shall have the authority to review the subject 
individual's record of treatment and counseling regarding 
impairment 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. In enforcing this Section, the Board upon a 
showing of a possible
violation may compel a person licensed to 
practice under this Act, or who has
applied for licensure or 
certification pursuant to this Act, to submit to a
mental or 
physical examination, or both, as required by and at the 
expense of
the Department.  The examining physicians shall be 
those specifically
designated by the Board.  The Board or the 
Department may order the examining
physician to present 
testimony concerning this
mental or physical examination of the 
licensee or applicant.  No information
shall be excluded by 
reason of any common law or statutory privilege relating
to 
communications between the licensee or applicant and the 
examination
physician.  The person to be examined may have, at 
his or her own expense,
another physician of his or her choice 
present during all aspects of the
examination.  Failure of any 
person to submit to a mental or
physical examination, when 
directed, shall be grounds for suspension of a
licensee until 
the person submits to the examination if the Board finds, after

notice and hearing, that the refusal to submit to the 
examination was without
reasonable cause.

    If the Board finds a person unable to practice because of 
the reasons set
forth in this Section, the Board may require 
that person to submit to care,
counseling, or treatment by 
physicians approved or designated by the Board as
a condition, 
term, or restriction for continued, reinstated, or renewed

licensure to practice; or, in lieu of care, counseling, or 
treatment, the Board
may recommend to the Department to file a 
complaint to immediately suspend,
revoke, or otherwise 
discipline the license of the person.  Any person whose
license 
was granted, continued, reinstated, renewed, disciplined, or 
supervised
subject to such terms, conditions, or restrictions 
and who fails to comply with
such terms, conditions, or 
restrictions shall be referred to the Director for a

determination as to whether the person shall have his or her 
license suspended
immediately, pending a hearing by the Board.

    (b) The determination by a circuit court that a licensee is 
subject to
involuntary admission or judicial admission as 
provided in the Mental
Health and Developmental Disabilities 
Code, as
now or hereafter amended, operates as an automatic 
license 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 and the
issuance of 
an order so finding and discharging the patient and upon the

recommendation of the Board to the Director that the licensee 
be allowed to
resume his or her practice.

    (c) The Department shall deny a license or renewal 
authorized by this Act to a person who has defaulted on an 
educational loan or scholarship provided or guaranteed by the 
Illinois Student Assistance Commission or any governmental 
agency of this State in accordance with subdivision (a)(5) of 
Section 15 of the Department of Professional Regulation Law of 
the Civil Administrative Code of Illinois (20 ILCS 
2105/2105-15). 
    (d)  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 15 of 
the Department of Professional Regulation Law of the Civil 
Administrative Code of Illinois (20 ILCS 2105/2105-15).
    (e) 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 such time as the requirements of 
the tax Act are satisfied in accordance with subsection (g) of 
Section 15 of the Department of Professional Regulation Law of 
the Civil Administrative Code of Illinois (20 ILCS 
2105/2105-15). 
(Source: P.A. 91-132, eff. 1-1-00.)

 



    (225 ILCS 330/28)  (from Ch. 111, par. 3278)



    (Section scheduled to be repealed on January 1, 2010)

    Sec. 28. Violation; Injunction; Cease and desist order. 
Each of
the following acts is declared to be inimical to the 
public welfare and to
constitute a public nuisance:

    (a) If any person violates the provisions of this Act, the 
Secretary, in the name of the people of the State of Illinois, 
through the Attorney General or the State's Attorney of the 
county in which the violation is alleged to have occurred may 
petition for an order enjoining the violation or for an order 
enforcing compliance with this Act. Upon the filing of a 
verified petition, the court with appropriate jurisdiction may 
issue a temporary restraining order, without notice or bond, 
and may preliminarily and permanently enjoin the violation. If 
it is established that the person has violated or is violating 
the injunction, the court may punish the offender for contempt 
of court. Proceedings under this Section are in addition to and 
not in lieu of any other remedies and penalties provided by 
this Act. The practice or attempt to practice land surveying 
without a license
or authority to practice as a Professional 
Land Surveyor.

    (a-5) Whenever, in the opinion of the Department, a person 
violates any provision of this Act, the Department may issue a 
rule to show cause why an order to cease and desist should not 
be entered against that person. The rule shall clearly set 
forth the grounds relied upon by the Department and shall allow 
at least 7 days from the date of the rule to file an answer 
satisfactory to the Department. Failure to answer to the 
satisfaction of the Department shall cause an order to cease 
and desist to be issued. 
    (b) (Blank). The use of the title "Illinois Professional 
Land Surveyor" or the
abbreviation "P.L.S." or "L.S." or any 
words or letters indicating
that a person is a Professional 
Land Surveyor or Land Surveyor
by any person who has not 
received a license or authority to practice as an
Illinois 
Professional Land Surveyor.

    The Director may, 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 any county in the State of 
Illinois, apply to the circuit court
for an injunction to 
enjoin any person from engaging in any of the
practices named 
and paragraphs (a) and (b).  Upon the filing of a verified

petition in such court, the
court, if satisfied by affidavit or 
otherwise that such person is or has
been engaged in any of the 
practices named in paragraphs (a) and (b), may
issue a 
temporary restraining order or preliminary
injunction, without 
notice or bond, enjoining the defendant from further
engaging 
in such practices.  A copy of the verified petition shall be

served upon the defendant and the proceedings shall thereafter 
be conducted
as in other civil cases.  If it is established that 
the defendant has been,
or is engaged in any of the practices 
named in paragraphs (a) and
(b), the court may enter a
decree 
perpetually enjoining such defendant from further engaging in 
those
practices.  In case of violation of any injunction issued 
under the
provisions of this Section, the court may summarily 
try and punish the
offender for contempt of court.  An 
injunction proceeding is in addition
to and not in lieu of all 
penalties and other remedies provided in this Act.

    Whenever, in the opinion of the Department, any person 
violates any
provision of this Act, the Department may issue a 
rule to show cause why an
order to cease and desist should not 
be entered against that person.  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. 86-987.)

 



    (225 ILCS 330/29)  (from Ch. 111, par. 3279)



    (Section scheduled to be repealed on January 1, 2010)

    Sec. 29. Investigations; notice and hearing. A license or 
registration
issued under the provisions of this Act may be 
revoked, suspended, not renewed
or restored, or otherwise 
disciplined, or applications for license or
registration may be 
refused, in the manner set forth in this Act.  The
Department 
may, upon its own action, and shall, upon the verified 
complaint in
writing of any person setting forth facts which, 
if proven, would constitute
grounds for discipline, 
investigate the actions of any person or other entity
holding, 
applying for or claiming to hold a license, or practicing or 
offering
to practice land surveying.  Before the initiation of 
an investigation, the
matter shall be reviewed by a 
subcommittee of the Board according to procedures
established 
by rule for the Complaint Committee.  The Department shall,

before refusing to issue, renew or restore, suspending or 
revoking any license
or registration, or imposing any other 
disciplinary action, at least 30
days prior to the date set for 
the hearing, notify the person accused in
writing of any 
charges made and shall direct the person or entity to file a

written answer to the Board under oath within 20 days after the 
service of the
notice and inform the person or entity that if 
the person or entity fails to
file an answer default will be 
taken 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 Director may deem proper. 
The Department shall afford the accused person or
entity an 
opportunity to be heard in person or by counsel in reference to 
the
charges. This written notice may be served by personal 
delivery
to the accused
person or entity or certified mail to 
the last address specified by the accused
person or entity in 
the last notification to the Department. In case the person
or 
entity fails to file an answer after receiving notice, his or 
her license or
certificate may, in the discretion of the 
Department, be suspended, revoked, or
placed on probationary 
status, or the Department may take 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 hear the charges and
the 
accused person or entity shall be accorded ample opportunity to 
present any
statements, testimony, evidence and argument as may 
be relevant to the charges
or their defense.  The Board may 
continue the hearing from time to time.

    The Department Board may from time to time and in 
co-operation with the Department's
legal advisors employ 
individual land surveyors possessing the same minimum

qualifications as required for Board candidates to assist with 
its
investigative duties.

    Persons who assist the Department as consultants or expert 
witnesses in
the investigation or prosecution of alleged 
violations of the Act,
licensure matters, restoration 
proceedings, or criminal prosecutions, are
not liable for 
damages in any civil action or proceeding as a result of
their 
assistance, except upon proof of actual malice.  The
Attorney 
General shall defend these persons in any such action or 
proceeding.

(Source: P.A. 93-467, eff. 1-1-04.)

 



    (225 ILCS 330/30)  (from Ch. 111, par. 3280)



    (Section scheduled to be repealed on January 1, 2010)

    Sec. 30. Stenographer; transcript. The Department, at its

expense, shall provide a stenographer to take down the 
testimony and
preserve a record of all proceedings at the 
hearing of any case where a
license is revoked, suspended, or 
other disciplinary action is taken.
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 the orders of the 
Department shall be
the record of the proceedings.  The 
Department shall furnish a
transcript of the record to any 
person interested in the hearing upon
payment of the fee 
required under Section 2105-115 of the
Department of 
Professional Regulation Law (20 ILCS 2105/2105-115).

(Source: P.A. 91-239, eff. 1-1-00.)

 



    (225 ILCS 330/31)  (from Ch. 111, par. 3281)



    (Section scheduled to be repealed on January 1, 2010)

    Sec. 31. Subpoenas, depositions, oaths. Testimony; Oath. 
The Department has the power to subpoena documents, books, 
records, or other materials and to bring before it any person 
and to take testimony either orally or by deposition, or both, 
with the same fees and mileage and in the same manner as is 
prescribed in civil cases in the courts of this State.
    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. the Department has power to subpoena and

bring before it any person in this State and to take testimony 
either
orally or by deposition, or both, with the same fees and 
mileage and in the
same manner as prescribed by law in judicial 
proceedings in civil cases in
circuit courts of this State.

    The Director, and any member of the Board, each has power 
to administer
oaths to witnesses at any hearing which the 
Department is authorized by law
to conduct, and any other oaths 
required or authorized in any Act
administered by the 
Department.

(Source: P.A. 86-987.)

 



    (225 ILCS 330/33)  (from Ch. 111, par. 3283)



    (Section scheduled to be repealed on January 1, 2010)

    Sec. 33. Notice of hearing; Findings and recommendations. 
At the
conclusion of the hearing the Board shall present to the 
Secretary Director a written
report of its findings and 
recommendations.  The report shall contain a
finding whether or 
not the accused person violated this Act or failed to
comply 
with the conditions required in this Act.  The Board shall 
specify
the nature of the violation or failure to comply, and 
shall make its
recommendations to the Secretary Director.

    The report of findings and recommendations of the Board 
shall be the basis
for the Department's order unless the 
Secretary disagrees with the Board Director determines that the 
Board
report is contrary to
the manifest weight of the evidence 
or law, in which case the Secretary Director may
issue an order 
in contravention of the Board report stating the reasons
for 
the order.  The report, findings, and recommendations are not 
admissible in
evidence against the person in a criminal 
prosecution brought for the
violation of this Act, but the 
hearing and findings are not a bar to a
criminal prosecution 
brought for the violation of this Act.

(Source: P.A. 86-987.)

 



    (225 ILCS 330/34)  (from Ch. 111, par. 3284)



    (Section scheduled to be repealed on January 1, 2010)

    Sec. 34. Board; Rehearing. A In any case involving the 
refusal to
issue, restore or renew a license or the 
disciplining of a licensee, a copy
of the Board's report shall 
be served upon the respondent by the
Department, either 
personally or as provided in this Act for the service of
the 
notice of hearing.  Within 20 days after such service, the 
respondent
may present to the Department a motion in writing 
for a rehearing
which shall specify the particular grounds for 
rehearing.  If no motion
for rehearing is filed, then upon the 
expiration of the time specified for
filing the motion, or if a 
motion for rehearing is denied, then upon
such denial, the 
Secretary Director may enter an order in accordance with

recommendations of the Board except as provided in Section 33 
of this
Act.  If the respondent orders from the reporting 
service and pays for
a transcript of the record within the time 
for filing a motion for
rehearing, the 20 day period within 
which the motion may be filed shall
commence upon the delivery 
of the transcript to the respondent.

(Source: P.A. 86-987.)

 



    (225 ILCS 330/35)  (from Ch. 111, par. 3285)



    (Section scheduled to be repealed on January 1, 2010)

    Sec. 35. Secretary; rehearing. Director; Rehearing. 
Whenever the Secretary believes that substantial justice has 
not been done in the revocation, suspension, or refusal to 
issue, restore, or renew a license, or other discipline of an 
applicant or licensee, he or she may order a rehearing by the 
same or another examiner. Whenever the Director is not 
satisfied
that substantial justice has been done in the 
revocation, suspension,
or refusal to issue or renew a license 
or other disciplinary proceeding,
the Director may order a 
rehearing
by the same or another board appointed to rehear the 
matter.

(Source: P.A. 86-987.)

 



    (225 ILCS 330/36)  (from Ch. 111, par. 3286)



    (Section scheduled to be repealed on January 1, 2010)

    Sec. 36. Appointment of a hearing officer. Notwithstanding 
the provisions of Section 33 of this Act, the Secretary 
Director has
the authority to appoint any attorney duly 
licensed to practice law in the
State of Illinois to serve as 
the hearing officer in any action for
discipline of a licensee.  
The Director shall notify the Board of any such
appointment.  
The hearing officer has full authority to conduct the
hearing.  
The Board has the right to have at least one member
present at 
any hearing conducted by such hearing officer.  The hearing

officer shall report his findings of fact, conclusions of law 
and
recommendations to the Board and the Secretary Director.  
The Board shall have 60
days from receipt of the report to 
review the report of the hearing officer
and present their 
findings of fact, conclusions of law and recommendations
to the 
Secretary Director.  If the Board fails to present its report 
within the 60 day period,
the Secretary Director shall issue an 
order based on the report of the hearing
officer.  If the 
Secretary Director disagrees in any regard with the report of 
the
Board or hearing officer, he may issue an order in 
contravention thereof.
The Secretary Director shall provide a 
written explanation to the Board on any such
deviation, and 
shall specify with particularity the reasons for such action
in 
the final order.

(Source: P.A. 86-987.)

 



    (225 ILCS 330/36.1)  (from Ch. 111, par. 3286.1)



    (Section scheduled to be repealed on January 1, 2010)

    Sec. 36.1. Returned checks; fines. Any person who delivers 
a check or other payment to the Department that
is returned to 
the Department unpaid by the financial institution upon
which 
it is drawn shall pay to the Department, in addition to the 
amount
already owed to the Department, a fine of $50. The fines 
imposed by this Section are in addition
to any other discipline 
provided under this Act for unlicensed
practice or practice on 
a nonrenewed license. The Department shall notify
the person 
that payment of fees and fines shall be paid to the Department

by certified check or money order within 30 calendar days of 
the
notification. If, after the expiration of 30 days from the 
date of the
notification, the person has failed to submit the 
necessary remittance, the
Department shall automatically 
terminate the license or certificate or deny
the application, 
without hearing. If, after termination or denial, the
person 
seeks a license or certificate, he or she shall apply to the

Department for restoration or issuance of the license or 
certificate and
pay all fees and fines due to the Department. 
The Department may establish
a fee for the processing of an 
application for restoration of a license or
certificate to pay 
all expenses of processing this application. The Secretary 
Director
may waive the fines due under this Section in 
individual cases where the
Secretary Director finds that the 
fines would be unreasonable or unnecessarily
burdensome.

(Source: P.A. 92-146, eff. 1-1-02.)

 



    (225 ILCS 330/37)  (from Ch. 111, par. 3287)



    (Section scheduled to be repealed on January 1, 2010)

    Sec. 37. Order or certified copy; prima facie proof. An 
order or certified
copy thereof, over the seal of the 
Department and purporting to be signed by
the Secretary 
Director, shall be prima facie proof that:


        (a) the signature is the genuine signature of the

    Secretary Director;


        (b) the Secretary Director is duly appointed and 
    qualified; and


        (c) the Board and the members thereof are qualified to 
    act.

(Source: P.A. 91-357, eff. 7-29-99.)

 



    (225 ILCS 330/40)  (from Ch. 111, par. 3290)



    (Section scheduled to be repealed on January 1, 2010)

    Sec. 40. Temporary suspension of a license. The Secretary 
Director may
temporarily suspend the license of a Professional 
Land Surveyor or Land
Surveyor-in-Training without a
hearing, 
simultaneously with the institution of proceedings for a 
hearing
under Section 29 of this Act, if the Secretary Director 
finds that
evidence in his possession indicates that a 
Professional Land Surveyor's
or Land Surveyor-in-Training's 
continuation in practice would constitute an
imminent danger to 
the public.
In the event that the Secretary Director 
temporarily suspends the license of a
Professional Land 
Surveyor or Land Surveyor-in-Training without a hearing,
a 
hearing by the Board must
be commenced within 30 days after 
such suspension has occurred.

(Source: P.A. 86-987.)

 



    (225 ILCS 330/43)  (from Ch. 111, par. 3293)



    (Section scheduled to be repealed on January 1, 2010)

    Sec. 43. Violations. A person is guilty of a Class A 
misdemeanor for a first offense, and guilty of a Class 4 felony 
for a second or subsequent offense, when he or she commits any 
of the following acts: Each of the following acts constitutes a

Class A misdemeanor for the first offense and a Class 4 felony 
for a second
or subsequent offense:

    (a) The violation of any provision of this Act or its 
rules.

    (b) The making of any willfully false oath or affirmation 
in any matter
or proceeding where an oath or affirmation is 
required by this Act.

    (c) Obtaining or attempting to obtain a license or 
registration by fraud.

    (d) Using, or attempting to use, an expired, suspended, or 
revoked
license or certificate of registration or the license, 
certificate of
registration, or seal of another, or 
impersonating another
licensee or practicing land surveying 
while one's license is expired,
suspended, or revoked.

    (e) Use of the title "Professional Land Surveyor", or "Land 
Surveyor", or
the abbreviation "P.L.S." or "L.S.", or any words 
or letters indicating that a
person is a Professional Land 
Surveyor, by any person who has not received a
license to 
practice as an Illinois Professional Land Surveyor.

    (f) If any person, sole proprietorship, professional 
service corporation,
limited liability company, corporation or 
partnership, or other entity
practices as a professional land 
surveyor or advertises or displays any sign
or card or other 
device that might indicate to the public that the person or

entity is entitled to practice as a professional land surveyor, 
or use the
title "professional land surveyor", or any of its 
derivations unless the
person or entity holds an active license 
as a professional land surveyor or
registration as a 
Professional Land Surveying Firm in the State; then, in

addition to any other penalty provided by law, any person who 
violates
this subsection (f) shall forfeit and pay to the 
Design Professionals
Administration and Investigation Fund a 
civil penalty in an amount determined
by the Department of not 
more than $10,000 $5,000 for each offense.

    (g) The practice, attempt to practice, or offer to practice 
land
surveying, without a license as a Professional Land 
Surveyor or registration
as a Professional Land Surveying Firm.  
Each day of practicing land surveying,
or attempting to 
practice land surveying, and each instance of offering to

practice land surveying without a license as a Professional 
Land Surveyor or
registration as a Professional Land Surveying 
Firm constitutes a separate
offense.

    Criminal fines and penalties shall be deposited in the 
treasury of the county
in which the violation occurred and 
administrative fines shall be deposited in
the Design 
Professionals Administration and Investigation Fund.

    All fines and penalties under Section 27 shall be deposited 
in
the Design Professions Administration and Investigation 
Fund.

(Source: P.A. 88-428.)

 

    Section 99. Effective date. This Act takes effect upon 
becoming law.