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| Public Act 097-0168 | ||||
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Regulatory Sunset Act is amended by changing | ||||
Section 4.22 and by adding Section 4.32 as follows:
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(5 ILCS 80/4.22)
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Sec. 4.22. Acts repealed on January 1, 2012. The following
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Acts are repealed on January 1, 2012:
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The Detection of Deception Examiners Act.
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The Home Inspector License Act.
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The Interior Design Title Act.
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The Massage Licensing Act.
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The Petroleum Equipment Contractors Licensing Act.
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The Professional Boxing Act.
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The Real Estate Appraiser Licensing Act of 2002.
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The Water Well and Pump Installation Contractor's License | ||||
Act.
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(Source: P.A. 95-331, eff. 8-21-07.)
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(5 ILCS 80/4.32 new) | ||||
Sec. 4.32. Act repealed on January 1, 2022. The following | ||||
Act is repealed on January 1, 2022: | ||||
The Detection of Deception Examiners Act. | ||||
Section 10. The Detection of Deception Examiners Act is | ||
amended by changing Sections 1, 3, 4, 4.5, 7.2, 7.3, 8, 10.1, | ||
11, 13, 14, 15, 17, 18, 19, 20, 22, 24, 25, 26, 26.1, 28, 29, | ||
and 30 and by adding Sections 18.3 and 26.5 as follows: | ||
(225 ILCS 430/1) (from Ch. 111, par. 2401)
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(Section scheduled to be repealed on January 1, 2012)
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Sec. 1. Definitions. As used in this Act, unless the | ||
context otherwise
requires:
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"Address of Record" means the designated address recorded | ||
by the Department in the applicant's or licensee's application | ||
file or license file as 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 | ||
those changes must be made either through the Department's | ||
website or by contacting the Department. | ||
"Detection of Deception Examination", hereinafter referred
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to as "Examination" means any examination in which a device or | ||
instrument
is used to test or question individuals for the | ||
purpose of evaluating
truthfulness or untruthfulness.
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"Examiner" means any person licensed under this Act.
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"Person" includes any natural person, partnership, | ||
association,
corporation or trust.
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"Department" means the Department of Financial and | ||
Professional Regulation of the
State of Illinois.
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"Director" means the Director of Professional Regulation | ||
of the State of
Illinois.
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"Him" means both the male and female gender.
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"Law enforcement agency" means an agency of the State or a | ||
unit of local
government that is vested by law or ordinance | ||
with the power to maintain public
order and to
enforce criminal | ||
laws and ordinances.
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"Secretary" means the Secretary of Financial and | ||
Professional Regulation. | ||
(Source: P.A. 92-453, eff. 8-21-01; 93-619, eff. 12-15-03.)
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(225 ILCS 430/3) (from Ch. 111, par. 2403)
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(Section scheduled to be repealed on January 1, 2012)
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Sec. 3.
Every examiner shall use an instrument which | ||
records permanently
and simultaneously the subject's | ||
cardiovascular, respiratory
and galvanic skin response | ||
patterns
as minimum standards and shall base his or her | ||
evaluation upon changes in such
patterns. Such an instrument | ||
may record additional
physiological patterns pertinent to the | ||
detection of deception.
The examiner may also consider changes | ||
in such additional patterns in
making his or her evaluations. | ||
An examiner
shall, upon written request of a person examined, | ||
make known the results of
such test to the person examined | ||
within 5 days of receipt of the written
request.
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(Source: P.A. 82-200.)
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(225 ILCS 430/4) (from Ch. 111, par. 2404)
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(Section scheduled to be repealed on January 1, 2012)
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Sec. 4. Registration or license required; exceptions.
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(a) It is unlawful for any person to administer detection | ||
of
deception examinations, or attempt to hold himself or | ||
herself out as an Examiner,
unless registered or licensed by | ||
the Department. However, this shall not
prohibit the use of | ||
detection of deception equipment by a person licensed
to | ||
practice medicine in all its branches under the Medical | ||
Practice Act of
1987 when the results are to be used in | ||
research.
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(b) Nothing in this Act prohibits the use of a voice stress | ||
analyzer
by
any
fully trained full time certified law | ||
enforcement officer of a law enforcement
agency in the course | ||
of its
duties as an investigative aid in a criminal | ||
investigation.
Law enforcement users of a voice stress analyzer | ||
shall
be trained in a manner approved by the Illinois Law | ||
Enforcement Training
Standards Board. The use of a voice stress | ||
analyzer shall be conducted only
with the prior written consent | ||
of the subject of such investigation.
Surreptitious use of a | ||
voice stress analyzer is prohibited. Use of a voice
stress | ||
analyzer is prohibited when a State or
local law enforcement | ||
officer stops a motorist for an alleged violation of the
| ||
Illinois Vehicle Code. A voice stress analyzer is prohibited | ||
for use in
pre-employment screening and for internal | ||
investigations. For the purposes of
this subsection (b), "voice | ||
stress
analyzer" means an investigative tool that
records voice | ||
stress factors related to frequency modulations in the human
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voice.
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(Source: P.A. 93-619, eff. 12-15-03.)
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(225 ILCS 430/4.5)
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(Section scheduled to be repealed on January 1, 2012)
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Sec. 4.5. Unlicensed practice; violation; civil penalty.
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(a) Any person who practices, offers to practice, attempts | ||
to practice, or
holds oneself out to practice as a detection of | ||
deception examiner 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.
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(b) The Department has the authority and power to | ||
investigate any and all
unlicensed activity.
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(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.
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(Source: P.A. 89-474, eff. 6-18-96.)
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(225 ILCS 430/7.2)
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(Section scheduled to be repealed on January 1, 2012)
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Sec. 7.2. Detection of Deception Examiners Act | ||
Coordinator. The Secretary may Director
shall
appoint a | ||
Detection of Deception
Examiners Act Coordinator to assist the | ||
Department in the administration of
this Act. The Detection of | ||
Deception Examiners Act
Coordinator shall be a person licensed | ||
under this Act and shall have no
less than 10 years of | ||
experience as an Illinois licensed Detection of Deception
| ||
Examiner.
The Detection of Deception Examiners Act Coordinator | ||
shall perform such
administrative functions on a full or | ||
part-time basis
as may be delegated to him or her by the | ||
Secretary Director, including, but not limited
to, revising | ||
revision of the licensing examination, reviewing and review of | ||
the training and
qualifications of applicants, and | ||
interviewing witnesses, the complainant, and any licensees | ||
involved in an alleged matter from a jurisdiction outside of | ||
Illinois.
| ||
Whenever the Director is satisfied that substantial | ||
justice has not been done
in an examination, he may order a | ||
re-examination by the same or other
examiners.
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(Source: P.A. 92-453, eff. 8-21-01.)
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(225 ILCS 430/7.3)
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(Section scheduled to be repealed on January 1, 2012)
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Sec. 7.3. Appointment of a Hearing Officer. The Secretary | ||
Director has the
authority to appoint an attorney, licensed to | ||
practice law in the State of
Illinois, to serve as a Hearing | ||
Officer in any action for refusal to issue or
renew a license | ||
or to discipline a license. The Hearing Officer has full
| ||
authority to conduct the hearing. The appointed Detection of | ||
Deception
Coordinator may attend hearings and advise the | ||
Hearing Officer on technical
matters involving Detection of | ||
Deception examinations.
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(Source: P.A. 92-453, eff. 8-21-01.)
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(225 ILCS 430/8) (from Ch. 111, par. 2409)
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(Section scheduled to be repealed on January 1, 2012)
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Sec. 8.
Applications for original licenses shall be made to | ||
the Department
in writing on forms prescribed by the Department | ||
and shall be accompanied
by the required fee, which shall not | ||
be returnable. Any such application
shall require such | ||
information as in the judgment of the Department will
enable | ||
the Department to pass on the qualifications of the applicant | ||
for a
license.
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If an applicant neglects, fails without an approved excuse | ||
or refuses
to take the next available examination for a
license | ||
under this Act, the fee
paid by the applicant shall be | ||
forfeited and the
application denied. If an applicant fails to | ||
pass an examination for a
license under this Act within 3 years | ||
after filing his or her application, the
application shall be | ||
denied. However, such applicant may thereafter make a new
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application for examination, accompanied by the required fee.
| ||
(Source: P.A. 84-266.)
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(225 ILCS 430/10.1) (from Ch. 111, par. 2411.1)
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(Section scheduled to be repealed on January 1, 2012)
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Sec. 10.1.
Prior to beginning the 6 months of study of | ||
detection of
deception required by paragraph D of Section 11, a | ||
person shall register
with the Department. Persons who so | ||
register may administer examinations
under the supervision and | ||
control of an examiner during their course of study.
| ||
This registration is valid for 1 year and may not be | ||
renewed as set forth by rule.
| ||
(Source: P.A. 82-200.)
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(225 ILCS 430/11) (from Ch. 111, par. 2412)
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(Section scheduled to be repealed on January 1, 2012)
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Sec. 11. Qualifications for licensure as an examiner. A | ||
person is
qualified to receive a license as an examiner:
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A. Who establishes that he or she is a person of good moral | ||
character; and
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B. Who has passed an examination approved by the Department | ||
to determine his or her
competency to obtain a license to
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practice as an examiner; and
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C. Who has had conferred upon him or her an academic | ||
degree, at the
baccalaureate level, from an accredited college | ||
or university; and
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D. Who has satisfactorily completed 6 months of study in | ||
detection of
deception, as prescribed by rule, which shall | ||
include, but not be limited to, course content, trainer | ||
qualifications, and specialized instructor qualifications.
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In determining good moral character, the Department may | ||
take into consideration conviction of any crime under the laws | ||
of the United States or any state or territory thereof that is | ||
a felony or a misdemeanor or any crime that is directly related | ||
to the practice of the profession. Conviction of a misdemeanor | ||
involving moral turpitude or a felony may
be considered, but | ||
shall not be determinative, in determining whether an
applicant
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is of good moral character.
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(Source: P.A. 92-453, eff. 8-21-01.)
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(225 ILCS 430/13) (from Ch. 111, par. 2414)
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(Section scheduled to be repealed on January 1, 2012)
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Sec. 13.
The expiration
date and renewal period for each | ||
license issued under this Act shall be
set by rule. An examiner | ||
whose license has
expired may reinstate his or her license at | ||
any time within 5 years after the
expiration thereof, by making | ||
a renewal application therefore therefor and by
paying the | ||
required fee. However, any examiner whose license
expired while | ||
he or she 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 his or her license renewed, | ||
reinstated or restored
without paying any lapsed renewal and | ||
restoration fees if within 2
years after honorable
termination | ||
of such service, training or education except under
conditions | ||
other than honorable, he or she furnishes the Department with
| ||
satisfactory evidence to the effect that he or she has been so | ||
engaged and that
his or her service, training or education has | ||
been so terminated.
| ||
A license or duplicate license must be prominently | ||
displayed at the
principal place of business of every examiner.
| ||
Notice in writing shall be given to the Department by such | ||
license
holder of any change of principal business location | ||
whereupon, the
Department shall issue a new license for the | ||
unexpired period upon
payment of the required fee. A change of | ||
business location without
notification to the Department and | ||
without the issuance by it of a new
license shall automatically | ||
suspend the license theretofore issued.
| ||
(Source: P.A. 84-1299.)
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(225 ILCS 430/14) (from Ch. 111, par. 2415)
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(Section scheduled to be repealed on January 1, 2012)
| ||
Sec. 14.
(a) The Department may refuse to issue or renew , | ||
may suspend or may revoke, suspend, place on probation, | ||
reprimand, or take other disciplinary or non-disciplinary | ||
action as the Department may deem appropriate, including | ||
imposing fines not to exceed $10,000 for each violation, with | ||
regard to any a license for any one or a combination of the | ||
following grounds:
| ||
(1) A. Material misstatement in furnishing information | ||
to the Department the application for original license or | ||
in
the application for any renewal license under this Act.
| ||
(2) Violations of this Act, or of the rules adopted | ||
under this Act. B. Wilful disregard or violation of this | ||
Act or of any regulation or rule
issued pursuant thereto.
| ||
(3) Conviction by plea of guilty or nolo contendere, | ||
finding of guilt, jury verdict, or entry of judgment or by | ||
sentencing of any crime, including, but not limited to, | ||
convictions, preceding sentences of supervision, | ||
conditional discharge, or first offender probation, under | ||
the laws of any jurisdiction of the United States: (i) that | ||
is a felony or (ii) that is a misdemeanor, an essential | ||
element of which is dishonesty, or that is directly related | ||
to the practice of the profession. C. Conviction in this or | ||
another State of any crime which is a felony
under the laws | ||
of this State or conviction of a felony in a federal court,
| ||
or conviction of a misdemeanor involving moral turpitude.
| ||
(4) Making any misrepresentation for the purpose of | ||
obtaining licensure or violating any provision of this Act | ||
or the rules adopted under this Act pertaining to | ||
advertising. D. Making any wilful misrepresentation or | ||
false promises or causing to
be printed any false or | ||
misleading advertisement for the purpose of directly
or | ||
indirectly obtaining business or trainees.
| ||
(5) Professional incompetence. E. Having demonstrated | ||
incompetency to act as an examiner as
defined under this | ||
Act.
| ||
(6) F. Allowing one's license under this Act to be used | ||
by an unlicensed
person in violation of this Act.
| ||
(7) Aiding G. Wilfully aiding or assisting abetting | ||
another person in the violating violation of this Act or
of | ||
any rule adopted under this Act issued by the Department | ||
pursuant thereto.
| ||
(8) H. Where the license holder has been adjudged | ||
mentally ill, mentally
deficient or subject to involuntary | ||
admission as provided in the Mental
Health and | ||
Developmental Disabilities Code.
| ||
(9) I. Failing, within 60 days a reasonable time, to | ||
provide information in response to a written request made | ||
requested
by the Department as the result of a formal or | ||
informal complaint to the
Department, which would indicate | ||
a violation of this Act.
| ||
(10) Engaging in dishonorable, unethical, or | ||
unprofessional conduct of a character likely to deceive, | ||
defraud, or harm the public. | ||
(11) Inability to practice 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. | ||
(12) Discipline by another state, District of | ||
Columbia, territory, or foreign nation, if at least one of | ||
the grounds for the discipline is the same or substantially | ||
equivalent to those set forth in this Section. | ||
(13) A finding by the Department that the licensee, | ||
after having his or her license placed on probationary | ||
status, has violated the terms of probation. | ||
(14) Willfully making or filing false records or | ||
reports in his or her practice, including, but not limited | ||
to, false records filed with State agencies or departments. | ||
(15) 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 a mental illness or disability. | ||
(16) Charging for professional services not rendered, | ||
including filing false statements for the collection of | ||
fees for which services are not rendered. | ||
(17) Practicing under a false or, except as provided by | ||
law, an assumed name. | ||
(18) Fraud or misrepresentation in applying for, or | ||
procuring, a license under this Act or in connection with | ||
applying for renewal of a license under this Act. | ||
(19) Cheating on or attempting to subvert the licensing | ||
examination administered under this Act. | ||
All fines imposed under this Section shall be paid within | ||
60 days after the effective date of the order imposing the | ||
fine. | ||
J. Failure 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 any tax | ||
Act administered by the Illinois
Department of Revenue, until | ||
such time as the requirements of any such tax
Act are | ||
satisfied.
| ||
(b) The Department may refuse to issue or may suspend | ||
without hearing, as provided for in the Code of Civil | ||
Procedure, the license of any person who fails to file a | ||
return, or pay the tax, penalty, or interest shown in a filed | ||
return, or pay any final assessment of the tax, penalty, or | ||
interest as required by any tax Act administered by the | ||
Illinois Department of Revenue, until such time as the | ||
requirements of any such tax Act are satisfied in accordance | ||
with subsection (g) of Section 2105-15 of the Civil | ||
Administrative Code of Illinois. | ||
(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 item (5) of subsection | ||
(g) of Section 2105-15 of the Civil Administrative Code of | ||
Illinois. | ||
(d) In cases where the Department of Healthcare and Family | ||
Services has previously determined 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 may refuse to issue or renew or | ||
may revoke or suspend that person's license or may 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 item (5) of | ||
subsection (g) of Section 1205-15 of the Civil Administrative | ||
Code of Illinois. | ||
(e) The determination by a circuit court that a licensee is | ||
subject to involuntary admission or judicial admission, as | ||
provided in the Mental Health and Development Disabilities | ||
Code, operates as an automatic suspension. The 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. | ||
(f) In enforcing this Act, the Department, upon a showing | ||
of a possible violation, may compel an individual licensed to | ||
practice under this Act, or who has applied for licensure under | ||
this Act, to submit to a mental or physical examination, or | ||
both, as required by and at the expense of the Department. The | ||
Department 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 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 this | ||
examination. The examination shall be performed by a physician | ||
licensed to practice medicine in all its branches. Failure of | ||
an individual to submit to a mental or physical examination, | ||
when directed, shall result in an automatic suspension without | ||
hearing. | ||
A person holding a license under this Act or who has | ||
applied for a license under this Act who, because of a physical | ||
or mental illness or disability, including, but not limited to, | ||
deterioration through the aging process or loss of motor skill, | ||
is unable to practice the profession with reasonable judgment, | ||
skill, or safety, may be required by the Department to submit | ||
to care, counseling, or treatment by physicians approved or | ||
designated by the Department as a condition, term, or | ||
restriction for continued, reinstated, or renewed licensure to | ||
practice. Submission to care, counseling, or treatment as | ||
required by the Department shall not be considered discipline | ||
of a license. If the licensee refuses to enter into a care, | ||
counseling, or treatment agreement or fails to abide by the | ||
terms of the agreement, the Department may file a complaint to | ||
revoke, suspend, or otherwise discipline the license of the | ||
individual. The Secretary may order the license suspended | ||
immediately, pending a hearing by the Department. Fines shall | ||
not be assessed in disciplinary actions involving physical or | ||
mental illness or impairment. | ||
In instances in which the Secretary immediately suspends a | ||
person's license under this Section, a hearing on that person's | ||
license must be convened by the Department within 15 days after | ||
the suspension and completed without appreciable delay. The | ||
Department shall have the authority to review the subject | ||
individual's record of treatment and counseling regarding the | ||
impairment to the extent permitted by applicable federal | ||
statutes and regulations safeguarding the confidentiality of | ||
medical records. | ||
An individual licensed under this Act and affected under | ||
this Section shall be afforded an opportunity to demonstrate to | ||
the Department that he or she can resume practice in compliance | ||
with acceptable and prevailing standards under the provisions | ||
of his or her license. | ||
(Source: P.A. 85-1222.)
| ||
(225 ILCS 430/15) (from Ch. 111, par. 2416)
| ||
(Section scheduled to be repealed on January 1, 2012)
| ||
Sec. 15.
Any unlawful act or violation of any of the | ||
provisions of this Act
upon the part of any examiner or | ||
trainee, shall not be cause for revocation
of the license of | ||
any other examiner for whom the offending examiner may
have | ||
been employed, unless it shall appear that the examiner knew or | ||
should have known of has wilfully
aided or abetted the actions | ||
or activities of the offending examiner or
trainee.
| ||
(Source: Laws 1963, p. 3300.)
| ||
(225 ILCS 430/17) (from Ch. 111, par. 2418)
| ||
(Section scheduled to be repealed on January 1, 2012)
| ||
Sec. 17. Investigations; notice and hearing. Complaints; | ||
investigations. The Department may upon its
own motion and | ||
shall, upon the verified
complaint in writing of any person | ||
setting forth facts which if proved
would constitute grounds | ||
for refusal, suspension or revocation of a license
under this | ||
Act, investigate the actions of any applicant or any
person or
| ||
persons rendering or offering to render detection of deception | ||
services or any person holding or claiming to hold a license as | ||
a licensed examiner. The Department shall, before
refusing to | ||
issue or renew a license or to discipline a licensee under | ||
Section 14 and before suspension or revocation of a license, at
| ||
least 30 days prior to the date set for the hearing, (i) notify | ||
the accused in
writing the
applicant for, or holder of, a | ||
license of the nature of the charges made and the time and | ||
place for the hearing on the charges, (ii) direct him or her | ||
and
that a hearing will be held on the date designated.
The | ||
Department shall
direct the applicant or licensee to file a | ||
written answer with the
Department under
oath within 20 days | ||
after the service of the notice, and (iii) inform the applicant
| ||
or licensee that failure to file an answer will result in | ||
default being
taken against the applicant or licensee. At the | ||
time and place fixed in the notice, the Department shall | ||
proceed to hear the charges and the parties or their counsel | ||
shall be accorded ample opportunity to present any pertinent | ||
statements, testimony, evidence, and arguments. The Department | ||
may continue the hearing from time to time. In case the person, | ||
after receiving the notice, fails to file an answer, his or her | ||
license, may, in the discretion of the Department, be revoked, | ||
suspended, placed on probationary status, or the Department may | ||
take whatever disciplinary action considered proper, including | ||
limiting the scope, nature, or extent of the person's practice | ||
or the imposition of a fine, without a hearing, if the act or | ||
acts charged constitute sufficient grounds for that action | ||
under the Act. The written notice may be served by personal | ||
delivery or by certified mail to the accused's address of | ||
record. 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 Director may deem proper.
In case | ||
the person fails to file an answer after receiving notice, his | ||
or
her license or certificate may, in the discretion of the | ||
Department, be
suspended, revoked, or placed on probationary | ||
status, or the Department may
take 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.
The hearing shall
| ||
determine whether the applicant or holder, hereinafter called | ||
the
respondent is privileged to hold a license, and shall | ||
afford the
respondent an opportunity to be heard in person or | ||
by counsel in reference
thereto. Written notice may be served | ||
by delivery of the same
personally to the respondent at the | ||
address of his last notification to the
Department.
At the time | ||
and place fixed in the notice, the Department
shall
proceed to | ||
hear the charges and both the respondent and Department shall
| ||
be accorded ample opportunity to present in person or by | ||
counsel such
statements, testimony, evidence and argument as | ||
may be pertinent to the
charges or to their defense. The | ||
Department may
continue the hearing from time to time.
| ||
(Source: P.A. 92-453, eff. 8-21-01.)
| ||
(225 ILCS 430/18) (from Ch. 111, par. 2419)
| ||
(Section scheduled to be repealed on January 1, 2012)
| ||
Sec. 18. Stenographer; transcript; Hearing Officer report. | ||
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 involving the refusal to | ||
issue or the suspension or
revocation of a license. 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 Hearing Officer and
| ||
orders of the Department shall be the records of the
| ||
proceedings. The Department shall furnish a transcript of the
| ||
record to any person or persons interested in the hearing upon
| ||
the payment of the fee required under Section 2105-115 of the
| ||
Department of Professional Regulation Law (20 ILCS | ||
2105/2105-115).
| ||
At the conclusion of the hearing, the Hearing Officer shall | ||
make findings
of fact, conclusions of law, and
recommendations, | ||
separately stated, and submit them to the Director and to all
| ||
parties to the proceeding.
| ||
The Hearing Officer's findings of fact, conclusions of law, | ||
and
recommendations
shall be served upon the licensee in a
| ||
similar fashion as service of the notice of formal charges. | ||
Within 20 days
after the service, any party to the proceeding | ||
may
present to the Director a motion, in writing, specifying | ||
the particular grounds
for a rehearing.
| ||
The Director, following the time allowed for filing a | ||
motion for rehearing,
shall review the Hearing Officer's | ||
findings of
fact, conclusions of law, and recommendations and | ||
any subsequently filed
motions. After review of the | ||
information, the
Director may hear oral arguments and | ||
thereafter shall issue the order.
The report of findings of | ||
fact, conclusions of law, and
recommendations of the Hearing | ||
Officer shall be the basis for the Department's
order. If the | ||
Director finds that substantial
justice was not done, the | ||
Director may issue an order in contravention of the
Hearing | ||
Officer's recommendations. The Director shall promptly provide | ||
a
written explanation to all parties to the proceeding of any | ||
disagreement
with the Hearing Officer's recommendations.
| ||
(Source: P.A. 91-239, eff. 1-1-00; 92-453, eff. 8-21-01.)
| ||
(225 ILCS 430/18.3 new) | ||
Sec. 18.3. Finding and recommendations. At the conclusion | ||
of the hearing, the hearing officer shall make findings
of | ||
fact, conclusions of law, and
recommendations, separately | ||
stated, and submit them to the Secretary and to all
parties to | ||
the proceeding. | ||
The hearing officer's findings of fact, conclusions of law, | ||
and
recommendations
shall be served upon the licensee in a
| ||
similar fashion as service of the notice of formal charges. | ||
Within 20 days
after the service, any party to the proceeding | ||
may
present to the Secretary a motion, in writing, specifying | ||
the particular grounds
for a rehearing. | ||
The Secretary, following the time allowed for filing a | ||
motion for rehearing,
shall review the hearing officer's | ||
findings of
fact, conclusions of law, and recommendations and | ||
any subsequently filed
motions. After review of the | ||
information, the Secretary may hear oral arguments and | ||
thereafter shall issue the order.
The report of findings of | ||
fact, conclusions of law, and
recommendations of the hearing | ||
officer shall be the basis for the Department's
order. If the | ||
Secretary finds that substantial
justice was not done, the | ||
Secretary may issue an order in contravention of the
hearing | ||
officer's recommendations.
| ||
(225 ILCS 430/19) (from Ch. 111, par. 2420)
| ||
(Section scheduled to be repealed on January 1, 2012)
| ||
Sec. 19. Subpoenas; depositions; oaths. | ||
(a) The Department may subpoena and bring before it any | ||
person to take the oral or written testimony or compel the | ||
production of any books, papers, records, or any other | ||
documents that the Secretary or his or her designee deems | ||
relevant or material to any investigation or hearing conducted | ||
by the Department with the same fees and in the same manner as | ||
prescribed in civil cases in the courts of this State. | ||
(b) Any circuit court, upon the application of the licensee | ||
or the Department, may order the attendance and testimony of | ||
witnesses and the production of relevant documents, files, | ||
records, books, and papers in connection with any hearing or | ||
investigation. The circuit court may compel obedience to its | ||
order by proceedings for contempt. | ||
(c) The Secretary, the hearing officer, any member of the | ||
Board, or a certified shorthand court reporter may administer | ||
oaths at any hearing the Department conducts. Notwithstanding | ||
any other statute or Department rule to the contrary, all | ||
requests for testimony, production of documents, or records | ||
shall be in accordance with this Act. Any circuit court may, | ||
upon application
of the Director or of the applicant or | ||
licensee against whom proceedings upon
Section 17 of this Act | ||
are pending, enter an order requiring the
attendance of | ||
witnesses and their testimony, and the production of
documents, | ||
papers, files, books and records in connection with any hearing
| ||
in any proceedings under that section. The court may compel
| ||
obedience to its order by proceedings for contempt.
| ||
(Source: P.A. 83-334.)
| ||
(225 ILCS 430/20) (from Ch. 111, par. 2421)
| ||
(Section scheduled to be repealed on January 1, 2012)
| ||
Sec. 20.
Any person affected by a final administrative | ||
decision of the
Department may have such decision reviewed | ||
judicially by the circuit court
of the county wherein such | ||
person resides. If the plaintiff in the review
proceeding is | ||
not a resident of this State, the venue shall be in Sangamon
| ||
County. The provisions of the Administrative Review Law, and | ||
all amendments
and modifications thereof, and the rules adopted | ||
pursuant thereto, shall
apply to and govern all proceedings for | ||
the judicial review of final administrative
decisions of the | ||
Department hereunder. The term "administrative decision"
is | ||
defined as in Section 3-101 of the Code of Civil Procedure.
| ||
The Department shall not be required to certify any record | ||
to the court
or file any answer in court or otherwise appear in | ||
any court in a Judicial
review proceeding, unless and until the | ||
Department has received from the plaintiff there is filed in | ||
the court with the complaint a
receipt from the Department | ||
acknowledging payment of the costs of
furnishing and certifying | ||
the record which costs shall be determined by the Department | ||
computed at the
rate of 20 cents per page of such record. | ||
Exhibits Exhibit shall be certified
without cost. Failure on | ||
the part of the plaintiff Plaintiff to file a such receipt in
| ||
court is shall be grounds for dismissal of the action.
| ||
(Source: P.A. 82-783.)
| ||
(225 ILCS 430/22) (from Ch. 111, par. 2423)
| ||
(Section scheduled to be repealed on January 1, 2012)
| ||
Sec. 22. Rules Regulations; forms. The Secretary Director | ||
may issue rules
regulations, consistent with the provisions of | ||
this Act, for the
administration and enforcement thereof and | ||
may prescribe forms which shall
be issued in connection | ||
therewith.
| ||
(Source: P.A. 92-453, eff. 8-21-01.)
| ||
(225 ILCS 430/24) (from Ch. 111, par. 2425)
| ||
(Section scheduled to be repealed on January 1, 2012)
| ||
Sec. 24. Injunctions; cease and desist orders. If any | ||
person violates
a provision of this Act, the Secretary Director
| ||
may, in the name of the People of the State of Illinois, | ||
through the
Attorney General of the State of Illinois or the | ||
State's Attorney of the county in which the violation is | ||
alleged to have occurred, petition , apply, in the circuit | ||
court,
for an order enjoining such violation or for an order | ||
enforcing compliance
with this Act. Upon the filing of a | ||
verified petition complaint
in such court, the court, with | ||
appropriate jurisdiction, may issue or any judge thereof, if | ||
satisfied by affidavit
or otherwise that such person has | ||
violated this Act, may enter
a temporary restraining order or | ||
preliminary injunction, without notice
or bond, and may | ||
preliminarily and permanently enjoin the violation. If | ||
enjoining such continued violation, and if it is established | ||
that
such person has violated or is violating the injunction | ||
this Act, the court Court may summarily
try and punish the | ||
offender for contempt of court.
Proceedings under this Section | ||
section shall be in
addition to, and not in lieu of, all other | ||
remedies and penalties provided
by this Act.
| ||
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 | ||
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. The Department may conduct | ||
hearings and issue cease and desist orders with
respect to | ||
persons who engage in activities prohibited by this Act. Any
| ||
person in violation of a cease and desist order entered by the | ||
Department
shall be subject to all of the remedies provided by | ||
law and, in addition,
shall be subject to a civil penalty | ||
payable to the party injured by the
violation in an amount up | ||
to $10,000.
| ||
(Source: P.A. 92-453, eff. 8-21-01.)
| ||
(225 ILCS 430/25) (from Ch. 111, par. 2426)
| ||
(Section scheduled to be repealed on January 1, 2012)
| ||
Sec. 25. 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 that:
| ||
(a) the signature is the genuine signature of the | ||
Secretary
Director; and
| ||
(b) the Secretary Director is duly appointed and | ||
qualified.
| ||
(Source: P.A. 91-357, eff. 7-29-99; 92-453, eff. 8-21-01.)
| ||
(225 ILCS 430/26) (from Ch. 111, par. 2427)
| ||
(Section scheduled to be repealed on January 1, 2012)
| ||
Sec. 26. Fees. The Department shall provide by rule for a | ||
schedule of
fees for the administration and enforcement of this | ||
Act, including, but not
limited to, original licensure, | ||
registration, renewal, and restoration. The fees shall be
| ||
nonrefundable.
| ||
All fees collected under this Act shall be deposited into | ||
the
General Professions Dedicated Fund and shall be | ||
appropriated to the Department
for the ordinary and contingent | ||
expenses of the Department in the
administration of this Act.
| ||
(Source: P.A. 91-454, eff. 1-1-00.)
| ||
(225 ILCS 430/26.1) (from Ch. 111, par. 2427.1)
| ||
(Section scheduled to be repealed on January 1, 2012)
| ||
Sec. 26.1. 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; 92-453, eff. 8-21-01.)
| ||
(225 ILCS 430/26.5 new) | ||
Sec. 26.5. Confidentiality. All information collected by | ||
the Department in the course of an examination or investigation | ||
of a licensee or applicant, including, but not limited to, any | ||
complaint against a licensee filed with the Department and | ||
information collected to investigate any such complaint, shall | ||
be maintained for the confidential use of the Department and | ||
shall not be disclosed. The Department may not disclose the | ||
information to anyone other than law enforcement officials, | ||
other regulatory agencies that have an appropriate regulatory | ||
interest as determined by the Secretary, or to a party | ||
presenting a lawful subpoena to the Department. Information and | ||
documents disclosed to a federal, State, county, or local law | ||
enforcement agency shall not be disclosed by the agency for any | ||
purpose to any other agency or person. A formal complaint filed | ||
against a licensee by the Department or any order issued by the | ||
Department against a licensee or applicant shall be a public | ||
record, except as otherwise prohibited by law.
| ||
(225 ILCS 430/28) (from Ch. 111, par. 2429)
| ||
(Section scheduled to be repealed on January 1, 2012)
| ||
Sec. 28. Violations. Sentence. A person who is found to | ||
have violated any provision of this Act is guilty of a Class A | ||
misdemeanor for the first offense and a Class 4 felony for the | ||
second and any subsequent offense. Violation of this Act is a | ||
Class B misdemeanor. All fines under this Act
shall inure and | ||
be paid to the County in which the prosecution is
maintained.
| ||
(Source: P.A. 77-2650.)
| ||
(225 ILCS 430/29) (from Ch. 111, par. 2430)
| ||
(Section scheduled to be repealed on January 1, 2012)
| ||
Sec. 29. Restoration of license from discipline. At any | ||
time after the successful completion of a term of indefinite | ||
probation, suspension, or revocation of a license, the | ||
Department may restore the license to the licensee, unless, | ||
after an investigation and a hearing, the Secretary determines | ||
that restoration is not in the public interest. No person or | ||
entity whose license, certificate, or authority has been | ||
revoked as authorized in this Act may apply for restoration of | ||
that license, certification, or authority until such time as | ||
provided for in the Civil Administrative Code of Illinois. | ||
suspension or
revocation of any license, the
Department may | ||
restore it to the accused person.
| ||
(Source: P.A. 92-453, eff. 8-21-01.)
| ||
(225 ILCS 430/30) (from Ch. 111, par. 2431)
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(Section scheduled to be repealed on January 1, 2012)
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Sec. 30.
An applicant who is an Examiner, licensed under | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
the laws of
another state or territory of the United States, | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
or an examiner who has been trained under the training | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
standards determined by the federal government, may be issued a | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
license
without examination by the Department, in its | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
discretion, upon payment of a
fee as set by rule, and the | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
production of satisfactory
proof:
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(a) satisfactory proof that he or she is of good moral | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
character; and
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(b) satisfactory proof that the requirements for the | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
licensing of Examiners in such
particular state or territory of | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
the United States were, at the date of
licensing, substantially | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
equivalent to the requirements then in force in
this State; or .
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(c) certification, if applicable, that the applicant has | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
successfully completed the Defense Academy for Credibility | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Assessment course, or its predecessor or successor course. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(Source: P.A. 92-453, eff. 8-21-01.)
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(225 ILCS 430/10 rep.) | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Section 15. The Detection of Deception Examiners Act is | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
amended by repealing Section 10.
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Section 99. Effective date. This Act takes effect upon | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
becoming law.
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