| ||||
Public Act 098-0850 | ||||
| ||||
| ||||
AN ACT concerning children.
| ||||
Be it enacted by the People of the State of Illinois,
| ||||
represented in the General Assembly:
| ||||
Section 5. The Civil Administrative Code of Illinois is | ||||
amended by changing Section 2105-15 as follows:
| ||||
(20 ILCS 2105/2105-15)
| ||||
Sec. 2105-15. General powers and duties.
| ||||
(a) The Department has, subject to the provisions of the | ||||
Civil
Administrative Code of Illinois, the following powers and | ||||
duties:
| ||||
(1) To authorize examinations in English to ascertain | ||||
the qualifications
and fitness of applicants to exercise | ||||
the profession, trade, or occupation for
which the | ||||
examination is held.
| ||||
(2) To prescribe rules and regulations for a fair and | ||||
wholly
impartial method of examination of candidates to | ||||
exercise the respective
professions, trades, or | ||||
occupations.
| ||||
(3) To pass upon the qualifications of applicants for | ||||
licenses,
certificates, and authorities, whether by | ||||
examination, by reciprocity, or by
endorsement.
| ||||
(4) To prescribe rules and regulations defining, for | ||||
the
respective
professions, trades, and occupations, what |
shall constitute a school,
college, or university, or | ||
department of a university, or other
institution, | ||
reputable and in good standing, and to determine the
| ||
reputability and good standing of a school, college, or | ||
university, or
department of a university, or other | ||
institution, reputable and in good
standing, by reference | ||
to a compliance with those rules and regulations;
provided, | ||
that no school, college, or university, or department of a
| ||
university, or other institution that refuses admittance | ||
to applicants
solely on account of race, color, creed, sex, | ||
or national origin shall be
considered reputable and in | ||
good standing.
| ||
(5) To conduct hearings on proceedings to revoke, | ||
suspend, refuse to
renew, place on probationary status, or | ||
take other disciplinary action
as authorized in any | ||
licensing Act administered by the Department
with regard to | ||
licenses, certificates, or authorities of persons
| ||
exercising the respective professions, trades, or | ||
occupations and to
revoke, suspend, refuse to renew, place | ||
on probationary status, or take
other disciplinary action | ||
as authorized in any licensing Act
administered by the | ||
Department with regard to those licenses,
certificates, or | ||
authorities. The Department shall issue a monthly
| ||
disciplinary report. The Department shall deny any license | ||
or
renewal authorized by the Civil Administrative Code of | ||
Illinois to any person
who has defaulted on an
educational |
loan or scholarship provided by or guaranteed by the | ||
Illinois
Student Assistance Commission or any governmental | ||
agency of this State;
however, the Department may issue a | ||
license or renewal if the
aforementioned persons have | ||
established a satisfactory repayment record as
determined | ||
by the Illinois Student Assistance Commission or other | ||
appropriate
governmental agency of this State. | ||
Additionally, beginning June 1, 1996,
any license issued by | ||
the Department may be suspended or revoked if the
| ||
Department, after the opportunity for a hearing under the | ||
appropriate licensing
Act, finds that the licensee has | ||
failed to make satisfactory repayment to the
Illinois | ||
Student Assistance Commission for a delinquent or | ||
defaulted loan.
For the purposes of this Section, | ||
"satisfactory repayment record" shall be
defined by rule. | ||
The Department shall refuse to issue or renew a license to,
| ||
or shall suspend or revoke a license of, any person who, | ||
after receiving
notice, fails to comply with a subpoena or | ||
warrant relating to a paternity or
child support | ||
proceeding. However, the Department may issue a license or
| ||
renewal upon compliance with the subpoena or warrant.
| ||
The Department, without further process or hearings, | ||
shall revoke, suspend,
or deny any license or renewal | ||
authorized by the Civil Administrative Code of
Illinois to | ||
a person who is certified by the Department of Healthcare | ||
and Family Services (formerly Illinois Department of |
Public Aid)
as being more than 30 days delinquent in | ||
complying with a child support order
or who is certified by | ||
a court as being in violation of the Non-Support
Punishment | ||
Act for more than 60 days. The Department may, however, | ||
issue a
license or renewal if the person has established a | ||
satisfactory repayment
record as determined by the | ||
Department of Healthcare and Family Services (formerly
| ||
Illinois Department of Public Aid) or if the person
is | ||
determined by the court to be in compliance with the | ||
Non-Support Punishment
Act. The Department may implement | ||
this paragraph as added by Public Act 89-6
through the use | ||
of emergency rules in accordance with Section 5-45 of the
| ||
Illinois Administrative Procedure Act. For purposes of the | ||
Illinois
Administrative Procedure Act, the adoption of | ||
rules to implement this
paragraph shall be considered an | ||
emergency and necessary for the public
interest, safety, | ||
and welfare.
| ||
(6) To transfer jurisdiction of any realty under the | ||
control of the
Department to any other department of the | ||
State Government or to acquire
or accept federal lands when | ||
the transfer, acquisition, or acceptance is
advantageous | ||
to the State and is approved in writing by the Governor.
| ||
(7) To formulate rules and regulations necessary for | ||
the enforcement of
any Act administered by the Department.
| ||
(8) To exchange with the Department of Healthcare and | ||
Family Services information
that may be necessary for the |
enforcement of child support orders entered
pursuant to the | ||
Illinois Public Aid Code, the Illinois Marriage and | ||
Dissolution
of Marriage Act, the Non-Support of Spouse and | ||
Children Act, the Non-Support
Punishment Act, the Revised | ||
Uniform Reciprocal Enforcement of Support Act, the
Uniform | ||
Interstate Family Support Act, or the Illinois Parentage | ||
Act of 1984.
Notwithstanding any provisions in this Code to | ||
the contrary, the Department of
Professional Regulation | ||
shall not be liable under any federal or State law to
any | ||
person for any disclosure of information to the Department | ||
of Healthcare and Family Services (formerly Illinois | ||
Department of
Public Aid)
under this paragraph (8) or for | ||
any other action taken in good faith
to comply with the | ||
requirements of this paragraph (8).
| ||
(8.5) To accept continuing education credit for | ||
mandated reporter training on how to recognize and report | ||
child abuse offered by the Department of Children and | ||
Family Services and completed by any person who holds a | ||
professional license issued by the Department and who is a | ||
mandated reporter under the Abused and Neglected Child | ||
Reporting Act. The Department shall adopt any rules | ||
necessary to implement this paragraph.
| ||
(9) To perform other duties prescribed
by law.
| ||
(a-5) Except in cases involving default on an educational | ||
loan or scholarship provided by or guaranteed by the Illinois | ||
Student Assistance Commission or any governmental agency of |
this State or in cases involving delinquency in complying with | ||
a child support order or violation of the Non-Support | ||
Punishment Act, no person or entity whose license, certificate, | ||
or authority has been revoked as authorized in any licensing | ||
Act administered by the Department may apply for restoration of | ||
that license, certification, or authority until 3 years after | ||
the effective date of the revocation. | ||
(b) The Department may, when a fee is payable to the | ||
Department for a wall
certificate of registration provided by | ||
the Department of Central Management
Services, require that | ||
portion of the payment for printing and distribution
costs be | ||
made directly or through the Department to the Department of | ||
Central
Management Services for deposit into the Paper and | ||
Printing Revolving Fund.
The remainder shall be deposited into | ||
the General Revenue Fund.
| ||
(c) For the purpose of securing and preparing evidence, and | ||
for the purchase
of controlled substances, professional | ||
services, and equipment necessary for
enforcement activities, | ||
recoupment of investigative costs, and other activities
| ||
directed at suppressing the misuse and abuse of controlled | ||
substances,
including those activities set forth in Sections | ||
504 and 508 of the Illinois
Controlled Substances Act, the | ||
Director and agents appointed and authorized by
the Director | ||
may expend sums from the Professional Regulation Evidence Fund
| ||
that the Director deems necessary from the amounts appropriated | ||
for that
purpose. Those sums may be advanced to the agent when |
the Director deems that
procedure to be in the public interest. | ||
Sums for the purchase of controlled
substances, professional | ||
services, and equipment necessary for enforcement
activities | ||
and other activities as set forth in this Section shall be | ||
advanced
to the agent who is to make the purchase from the | ||
Professional Regulation
Evidence Fund on vouchers signed by the | ||
Director. The Director and those
agents are authorized to | ||
maintain one or more commercial checking accounts with
any | ||
State banking corporation or corporations organized under or | ||
subject to the
Illinois Banking Act for the deposit and | ||
withdrawal of moneys to be used for
the purposes set forth in | ||
this Section; provided, that no check may be written
nor any | ||
withdrawal made from any such account except upon the written
| ||
signatures of 2 persons designated by the Director to write | ||
those checks and
make those withdrawals. Vouchers for those | ||
expenditures must be signed by the
Director. All such | ||
expenditures shall be audited by the Director, and the
audit | ||
shall be submitted to the Department of Central Management | ||
Services for
approval.
| ||
(d) Whenever the Department is authorized or required by | ||
law to consider
some aspect of criminal history record | ||
information for the purpose of carrying
out its statutory | ||
powers and responsibilities, then, upon request and payment
of | ||
fees in conformance with the requirements of Section 2605-400 | ||
of the
Department of State Police Law (20 ILCS 2605/2605-400), | ||
the Department of State
Police is authorized to furnish, |
pursuant to positive identification, the
information contained | ||
in State files that is necessary to fulfill the request.
| ||
(e) The provisions of this Section do not apply to private | ||
business and
vocational schools as defined by Section 15 of the | ||
Private Business and
Vocational Schools Act of 2012.
| ||
(f) Beginning July 1, 1995, this Section does not apply to | ||
those
professions, trades, and occupations licensed under the | ||
Real Estate License
Act of 2000, nor does it apply to any | ||
permits, certificates, or other
authorizations to do business | ||
provided for in the Land Sales Registration Act
of 1989 or the | ||
Illinois Real Estate Time-Share Act.
| ||
(g) Notwithstanding anything that may appear in any | ||
individual licensing statute or administrative rule, the | ||
Department shall deny any license application or renewal | ||
authorized under any licensing Act administered by the | ||
Department to any person who has failed 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 requirement of any such tax | ||
Act are satisfied; however, the Department may issue a license | ||
or renewal if the person has established a satisfactory | ||
repayment record as determined by the Illinois Department of | ||
Revenue. For the purpose of this Section, "satisfactory | ||
repayment record" shall be defined by rule.
| ||
In addition, a complaint filed with the Department by the |
Illinois Department of Revenue that includes a certification, | ||
signed by its Director or designee, attesting to the amount of | ||
the unpaid tax liability or the years for which a return was | ||
not filed, or both, is prima facie facia evidence of the | ||
licensee's failure to comply with the tax laws administered by | ||
the Illinois Department of Revenue. Upon receipt of that | ||
certification, the Department shall, without a hearing, | ||
immediately suspend all licenses held by the licensee. | ||
Enforcement of the Department's order shall be stayed for 60 | ||
days. The Department shall provide notice of the suspension to | ||
the licensee by mailing a copy of the Department's order by | ||
certified and regular mail to the licensee's last known address | ||
as registered with the Department. The notice shall advise the | ||
licensee that the suspension shall be effective 60 days after | ||
the issuance of the Department's order unless the Department | ||
receives, from the licensee, a request for a hearing before the | ||
Department to dispute the matters contained in the order.
| ||
Any suspension imposed under this subsection (g) shall be | ||
terminated by the Department upon notification from the | ||
Illinois Department of Revenue that the licensee is in | ||
compliance with all tax laws administered by the Illinois | ||
Department of Revenue.
| ||
The Department shall promulgate rules for the | ||
administration of this subsection (g).
| ||
(h) The Department may grant the title "Retired", to be | ||
used immediately adjacent to the title of a profession |
regulated by the Department, to eligible retirees. The use of | ||
the title "Retired" shall not constitute representation of | ||
current licensure, registration, or certification. Any person | ||
without an active license, registration, or certificate in a | ||
profession that requires licensure, registration, or | ||
certification shall not be permitted to practice that | ||
profession. | ||
(i) Within 180 days after December 23, 2009 (the effective | ||
date of Public Act 96-852), the Department shall promulgate | ||
rules which permit a person with a criminal record, who seeks a | ||
license or certificate in an occupation for which a criminal | ||
record is not expressly a per se bar, to apply to the | ||
Department for a non-binding, advisory opinion to be provided | ||
by the Board or body with the authority to issue the license or | ||
certificate as to whether his or her criminal record would bar | ||
the individual from the licensure or certification sought, | ||
should the individual meet all other licensure requirements | ||
including, but not limited to, the successful completion of the | ||
relevant examinations. | ||
(Source: P.A. 96-459, eff. 8-14-09; 96-852, eff. 12-23-09; | ||
96-1000, eff. 7-2-10; 97-650, eff. 2-1-12; revised 9-9-13.)
|