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| Public Act 099-0026 | ||||
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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 4.26 and by adding Section 4.36 as follows: | ||||
(5 ILCS 80/4.26)
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Sec. 4.26. Acts repealed on January 1, 2016. The following | ||||
Acts are repealed on January 1, 2016: | ||||
The Illinois Athletic Trainers Practice Act.
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The Illinois Roofing Industry Licensing Act.
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The Illinois Dental Practice Act.
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The Collection Agency Act.
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The Barber, Cosmetology, Esthetics, Hair Braiding, and | ||||
Nail Technology Act of 1985.
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The Respiratory Care Practice Act.
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The Hearing Instrument Consumer Protection Act.
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The Illinois Physical Therapy Act.
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The Professional Geologist Licensing Act. | ||||
(Source: P.A. 95-331, eff. 8-21-07; 95-876, eff. 8-21-08; | ||||
96-1246, eff. 1-1-11.) | ||||
(5 ILCS 80/4.36 new) | ||||
Sec. 4.36. Act repealed on January 1, 2026. The following | ||||
Act is repealed on January 1, 2026: | ||
The Professional Geologist Licensing Act. | ||
Section 10. The Professional Geologist Licensing Act is | ||
amended by changing Sections 15, 25, 30, 35, 50, 60, 65, 75, | ||
80, 90, 95, 100, 110, 120, 125, 130, 135, 145, 155, 162, 165, | ||
and 170 and by adding Section 180 as follows:
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(225 ILCS 745/15)
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(Section scheduled to be repealed on January 1, 2016)
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Sec. 15. Definitions. In this Act:
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"Address of record" means the designated address recorded | ||
by the Department in the applicant's application file or the | ||
licensee's license file, as maintained by the Department's | ||
licensure maintenance unit. | ||
"Board" means the Board of Licensing for Professional | ||
Geologists.
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"Department" means the Department of Financial and | ||
Professional Regulation.
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"Geologist" means an individual who, by reason of his or | ||
her knowledge of
geology, mathematics, and the physical and | ||
life sciences, acquired by education
and practical experience | ||
as defined by this Act, is capable of practicing the
science of | ||
geology.
| ||
"Geology" means the science that includes the treatment of | ||
the earth and its
origin and history including, but not limited | ||
to, (i) the investigation of the
earth's crust and
interior and | ||
the solids and fluids, including all surface and
underground | ||
waters, gases, and other materials that compose the earth as | ||
they
may relate to geologic processes; (ii) the study of the | ||
natural agents, forces,
and
processes that cause changes in the | ||
earth; and (iii) the utilization of this
knowledge of the earth | ||
and its solids, fluids, and gases, and their collective
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properties and processes, for the benefit of humankind.
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"Person" or "individual" means a natural person.
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"Practice of professional geology" means the performance | ||
of,
or the offer to perform, the services of a geologist, | ||
including consultation,
investigation, evaluation, planning, | ||
mapping, inspection of geologic work, and
other services that | ||
require extensive knowledge of geologic laws, formulas,
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principles, practice, and methods of data interpretation.
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A person shall be construed to practice or offer to | ||
practice professional
geology, within the meaning and intent of | ||
this Act, if that person (i) by
verbal claim, sign,
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advertisement, letterhead, card, or any other means, | ||
represents himself or
herself
to be a Licensed Professional | ||
Geologist or through the use of some title implies
that he or | ||
she is a Licensed Professional Geologist or is licensed under | ||
this
Act or (ii) holds himself or herself out as able to | ||
perform or does perform
services or work defined in this Act as | ||
the practice of
professional geology.
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Examples of the practice of professional geology include, | ||
but are not limited
to, the
conduct of, or responsible charge | ||
for, the following types of activities: (i)
mapping,
sampling,
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and analysis of earth materials, interpretation of data, and | ||
the preparation of
oral or written testimony regarding the | ||
probable geological causes of
events;
(ii) planning, review, | ||
and supervision of data gathering activities,
interpretation | ||
of geological data gathered by direct and indirect means,
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preparation and interpretation of geological maps, | ||
cross-sections, interpretive maps and reports
for the purpose | ||
of determining regional or site specific geological | ||
conditions;
(iii) the planning, review, and supervision of data
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gathering activities and interpretation of data on regional or | ||
site specific
geological characteristics affecting | ||
groundwater;
(iv) the interpretation of
geological conditions | ||
on the surface of the Earth and at depth in the Earth for the | ||
purpose of determining whether those conditions
correspond to a | ||
geologic map of the site or a legally specified geological | ||
requirement for the site; and (v) the conducting of
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environmental property audits.
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"Licensed Professional Geologist" means an individual who | ||
is licensed under
this Act to engage in the practice of | ||
professional geology in
Illinois.
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"Responsible charge" means the independent control and | ||
direction, by use of
initiative, skill, and independent | ||
judgment, of geological work or the
supervision of that work. | ||
"Secretary" means the Secretary of Financial and | ||
Professional Regulation.
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(Source: P.A. 96-666, eff. 8-25-09; 96-1327, eff. 7-27-10.)
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(225 ILCS 745/25)
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(Section scheduled to be repealed on January 1, 2016)
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Sec. 25. Restrictions and limitations. No person shall, | ||
without a valid
license issued by the Department (i) in any | ||
manner hold himself or herself out
to the public as a Licensed | ||
Professional Geologist; (ii)
attach the title "Licensed | ||
Professional Geologist" to his or her name; or
(iii) render or | ||
offer
to render to individuals, corporations, or public | ||
agencies services
constituting the practice of professional | ||
geology.
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Individuals practicing geology in Illinois as of the | ||
effective
date of this amendatory Act of 1997 may continue to | ||
practice as provided in
this Act until the Department has | ||
adopted rules implementing this Act. To
continue practicing | ||
geology after the adoption of rules, individuals shall
apply | ||
for licensure within 180 days after the effective date of the | ||
rules. If
an application is received during the 180-day period, | ||
the individual may
continue to practice until the Department | ||
acts to grant or deny licensure. If
an application is not filed | ||
within the 180-day period, the individual must
cease the | ||
practice of geology at the conclusion of the 180-day period and | ||
until
the Department acts to grant a license to
the individual.
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(Source: P.A. 96-1327, eff. 7-27-10.)
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(225 ILCS 745/30)
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(Section scheduled to be repealed on January 1, 2016)
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Sec. 30. Powers and duties of the Department. Subject to | ||
the provisions
of this Act, the Department may:
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(a) Authorize examinations to ascertain the qualifications | ||
and fitness of
applicants for licensing as a Licensed | ||
Professional Geologist or as a Licensed Specialty Geologist, as | ||
defined by the Board, and pass upon the qualifications
of | ||
applicants for licensure by endorsement.
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(b) Conduct hearings on proceedings to refuse to issue or | ||
renew licenses or to revoke,
licenses or suspend, place on | ||
probation, or reprimand, or take any other disciplinary or | ||
non-disciplinary action against licenses issued persons | ||
licensed
under this Act, and to refuse to issue or renew or to | ||
revoke licenses, or
suspend, place on probation, or reprimand | ||
persons licensed under this
Act.
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(c) Formulate rules required for the administration of this
| ||
Act.
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(d) Obtain written recommendations from the Board | ||
regarding (i) definitions
of
curriculum content and approval of | ||
geological curricula, standards of
professional conduct, and | ||
formal disciplinary actions and the formulation of
rules | ||
affecting these matters and (ii) when petitioned by the | ||
applicant,
opinions
regarding the qualifications of applicants | ||
for licensing.
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(e) Maintain rosters of the names and addresses of all | ||
licensees, and all
persons whose licenses have been suspended, | ||
revoked, or denied renewal, or otherwise disciplined for
cause | ||
within the previous calendar year. These rosters shall be | ||
available upon
written request and payment of the required fee.
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(Source: P.A. 96-1327, eff. 7-27-10.)
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(225 ILCS 745/35)
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(Section scheduled to be repealed on January 1, 2016)
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Sec. 35. Board of Licensing for Professional Geologists; | ||
members;
qualifications; duties. | ||
(a) The Secretary Director shall appoint a Board of | ||
Licensing
for
Professional Geologists which shall serve in an | ||
advisory capacity to the
Secretary Director. The Board shall be | ||
composed of 8 persons, 7 of whom shall be voting
members | ||
appointed by the Secretary Director, who shall give due | ||
consideration to
recommendations by members of the profession | ||
of geology and of geology
organizations within the State. In | ||
addition, the State Geologist or his
or her
designated | ||
representative, shall be an advisory, non-voting member of the
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Board.
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(b) Insofar as possible, the geologists appointed to serve
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on the Board shall be generally representative of the | ||
occupational and
geographical distribution
of geologists | ||
within this State.
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(c) Of the 7 appointed voting members of the Board, 6 shall | ||
be geologists
and one shall be a member of the general public | ||
with no family or business
connection with the practice of | ||
geology.
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(d) Each of the first appointed geologist members of the | ||
Board shall have at
least 10 years of active geological | ||
experience and shall possess the education
and experience | ||
required for licensure. Each subsequently appointed
geologist | ||
member of the Board shall be a Licensed Professional Geologist | ||
licensed
under this Act with at least 10 years of experience.
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(e) Voting members shall be appointed to 4-year terms. | ||
Partial terms of over 2 years in length shall be considered | ||
full terms. Of the initial appointments, the Director shall | ||
appoint 3 voting members
for a term of
4 years, 2 voting | ||
members for a term of 3 years, and 2 voting members for a
term | ||
of 2 years. Thereafter, voting members shall be appointed for | ||
4-year
terms. Terms shall commence on the 3rd Monday in | ||
January.
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(f) Members shall hold office until the expiration of their | ||
terms or until
their successors have been appointed and have | ||
qualified.
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(g) No voting member of the Board shall serve more than 2 | ||
consecutive full
terms.
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(h) Vacancies in the membership of the Board shall be | ||
filled by appointment
for the remainder of the unexpired term.
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(i) The Secretary Director may remove or suspend any | ||
appointed member of the Board for cause at
any time before the | ||
expiration of his or her term. The Secretary shall be the sole | ||
arbiter of cause.
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(j) The Board shall annually elect one of its members as | ||
chairperson and one of its members as vice-chair.
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(k) The members of the Board shall be reimbursed for all | ||
legitimate
and necessary expenses authorized by the Department | ||
incurred in attending the
meetings of the
Board.
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(l) The Board may make recommendations to the Secretary | ||
Director to establish the
examinations and their method of | ||
grading.
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(m) The Board may submit written recommendations to the | ||
Secretary Director concerning
formulation of rules and a Code | ||
of Professional Conduct and Ethics. The Board
may recommend or | ||
endorse revisions and amendments to the Code and to the
rules | ||
from time to time.
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(n) The Board may make recommendations on matters relating | ||
to continuing
education of Licensed Professional Geologists, | ||
including the number of hours
necessary for license renewal, | ||
waivers for those unable to meet that
requirement, and | ||
acceptable course content. These recommendations shall not
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impose an undue burden on the Department or an unreasonable | ||
restriction on
those seeking a license renewal. | ||
(o) Four voting Board members constitutes a quorum. A | ||
quorum is required for all Board decisions.
| ||
(Source: P.A. 96-666, eff. 8-25-09; 96-1327, eff. 7-27-10.)
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(225 ILCS 745/50)
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(Section scheduled to be repealed on January 1, 2016)
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Sec. 50. Qualifications for licensure.
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(a) The Department may issue a license to practice as a | ||
Licensed Professional Geologist to any applicant who meets the | ||
following qualifications:
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(1) The applicant has completed an application form and | ||
paid the
required fees.
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(2) The applicant is of good ethical character, | ||
including compliance with
the Code of Professional Conduct | ||
and Ethics under this Act, and
has not
committed any act or | ||
offense in any jurisdiction that would constitute the
basis | ||
for disciplining a Licensed Professional Geologist under | ||
this Act.
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(3) The applicant has earned a degree in geology from | ||
an accredited
college or university, as established by | ||
rule, with a minimum of 30 semester or
45 quarter hours of
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course credits in geology, of which 24 semester or 36 | ||
quarter hours are in
upper level courses. The Department | ||
may, upon the recommendation of the
Board, allow the | ||
substitution of
appropriate experience as a geologist for | ||
prescribed educational requirements
as established by | ||
rule.
| ||
(4) The applicant has a documented record of a minimum | ||
of 4 years of
professional experience, obtained after | ||
completion of the education
requirements specified in this | ||
Section, in geologic or directly related work,
| ||
demonstrating that the applicant is qualified to assume | ||
responsible charge of
such work upon licensure as a | ||
Licensed Professional Geologist or such specialty of
| ||
professional geology that the
Board may recommend and the | ||
Department may recognize. The Department may
require | ||
evidence acceptable to it that up to 2 years of | ||
professional experience
have been gained under the | ||
supervision of a person licensed under this Act or
similar | ||
Acts in any other state, or under the supervision of others | ||
who, in the
opinion of the Department, are qualified to | ||
have responsible charge of
geological work under this Act.
| ||
(5) The applicant has passed an examination authorized | ||
by the Department
for practice as a Licensed Professional | ||
Geologist.
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(6) The applicant has complied with all other | ||
requirements of this Act and
rules established for the | ||
implementation of this Act.
| ||
(b) A license to practice as a Licensed Professional | ||
Geologist shall not be denied any
applicant because of the | ||
applicant's race, religion, creed, national origin,
political | ||
beliefs or activities, age, sex, sexual orientation, or | ||
physical
impairment.
| ||
(c) The Department may establish by rule an intern process | ||
to, in part, allow (1) a graduate who has earned a degree in | ||
geology from an accredited college or university in accordance | ||
with this Act or (2) a student in a degree program at an | ||
accredited college or university who has completed the | ||
necessary course requirements established in this Section to | ||
request to take one or both parts of the examination required | ||
by the Department without first submitting a formal application | ||
to the Department for licensure as a Licensed Professional | ||
Geologist. The Department may set by rule the criteria for the | ||
intern process, including, but not limited to, the educational | ||
requirements, exam requirements, experience requirements, | ||
remediation requirements, and any fees or applications | ||
required for the process. The Department may also set by rule | ||
provisions concerning disciplinary guidelines and the use of | ||
the title "intern" or "trainee" by a graduate or student who | ||
has passed the required examination. | ||
(Source: P.A. 96-666, eff. 8-25-09; 96-1327, eff. 7-27-10.)
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(225 ILCS 745/60)
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(Section scheduled to be repealed on January 1, 2016)
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Sec. 60. Seals.
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(a) Upon licensure, each licensee shall obtain a seal of a | ||
design
as required by rule bearing the licensee's
name, license | ||
number, and the legend "Licensed
Professional Geologist".
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(b) All preliminary, draft, and final geologic reports, | ||
documents,
permits, affidavits, maps, boring logs, cross | ||
sections,
or other records offered to the public and prepared | ||
or issued by or under the
supervision of a Licensed | ||
Professional Geologist shall include the full name,
signature, | ||
and license number of the licensee, and the date of license
| ||
expiration of the person who prepared the document or under | ||
whose supervision
it was prepared, and an impression of the | ||
licensee's seal, in accordance with
rules issued by the | ||
Department.
| ||
(c) The Licensed Professional Geologist who has contract | ||
responsibility
shall seal a cover sheet of the professional | ||
work products and those
individual portions of the professional | ||
work products for which the Licensed Professional Geologist is | ||
legally and professionally responsible. A Licensed | ||
Professional Geologist practicing as the support professional | ||
shall seal those individual
portions of professional work | ||
products for which that Licensed Professional Geologist is | ||
legally and professionally responsible.
| ||
(d) The use of a Licensed Professional Geologist's licensed | ||
professional geologist's seal on professional work
products
| ||
constitutes a representation that the work prepared by or under | ||
the personal
supervision of that Licensed Professional | ||
Geologist has been prepared and
administered in accordance with | ||
the standards of reasonable professional skill
and diligence.
| ||
(e) It is unlawful to affix one's seal to professional work | ||
products if doing so it
masks the true identity of the person | ||
who actually exercised direction,
supervision, and responsible | ||
charge of the preparation of that work. A Licensed Professional | ||
Geologist
who signs and seals professional work
products is not | ||
responsible for damage caused by subsequent changes to or uses
| ||
of those professional work products, if the subsequent changes | ||
or uses,
including changes or uses made by State or local | ||
government agencies, are not
authorized or approved by the | ||
Licensed Professional Geologist
who originally signed and | ||
sealed the
professional work products.
| ||
(Source: P.A. 96-1327, eff. 7-27-10.)
| ||
(225 ILCS 745/65)
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(Section scheduled to be repealed on January 1, 2016)
| ||
Sec. 65. Expiration and renewal of license. The expiration | ||
date and
renewal period for each license shall be set by rule. | ||
A Licensed Professional Geologist
whose license has expired may | ||
reinstate
his or her license or enrollment at any time within 5 | ||
years after the
expiration thereof, by making a renewal | ||
application and by paying the required
fee. However, any | ||
Licensed Professional Geologist whose license expired
while he | ||
or she was (i) on active duty with the Armed Forces of the | ||
United
States or called into service or training by the State | ||
militia or (ii) in
training or education under the supervision | ||
of the United States preliminary to
induction into the military | ||
service, may have his or her Licensed Professional Geologist
| ||
license renewed, reinstated, or restored without paying any
| ||
lapsed renewal fees if within 2 years after termination of the | ||
service,
training, or education the Licensed Professional | ||
Geologist furnishes to the Department with
satisfactory | ||
evidence of the service, training, or education and that it has | ||
been
terminated under honorable conditions.
| ||
Any professional geologist whose Licensed Professional | ||
Geologist whose license has expired for more
than 5 years may | ||
have it restored by making application to the Department,
| ||
paying the required fee, and
filing acceptable proof of fitness | ||
to have the license restored.
The proof may include sworn | ||
evidence certifying active practice in another
jurisdiction.
| ||
If the geologist
has not practiced for 5 years or more, the | ||
Board shall determine by an
evaluation program established by | ||
rule, whether that individual is fit to
resume active status as | ||
a Licensed Professional Geologist. The Board may require the | ||
geologist to complete a
period of
evaluated professional | ||
experience and may require successful
completion of an | ||
examination.
| ||
The Department may refuse to issue or may suspend the | ||
license of any person
who fails to file a tax 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.
| ||
(Source: P.A. 96-1327, eff. 7-27-10.)
| ||
(225 ILCS 745/75) | ||
(Section scheduled to be repealed on January 1, 2016) | ||
Sec. 75. 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 calendar days | ||
from the date of the
notification, the person has failed to | ||
submit the necessary remittance, the
Department shall | ||
automatically terminate the license or deny the
application, | ||
without a hearing. If, after termination or denial, the person
| ||
seeks a license to practice as a Licensed Professional | ||
Geologist, he or she shall apply to the Department for
| ||
restoration or issuance of the license and pay all fees and
| ||
fines due to the Department. The Department may establish a fee | ||
for the
processing of an application for restoration of a | ||
license to pay
all expenses of processing this application. The | ||
Secretary 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. 96-1327, eff. 7-27-10.) | ||
(225 ILCS 745/80) | ||
(Section scheduled to be repealed on January 1, 2016) | ||
Sec. 80. Disciplinary actions. | ||
(a) The Department may refuse to issue or renew, or may | ||
revoke, suspend,
place on probation, reprimand, or take other | ||
disciplinary or non-disciplinary action as the
Department may | ||
deem appropriate, including fines not to exceed $10,000 $5,000 | ||
for each
violation, with regard to any license for any one or | ||
combination of the
following: | ||
(1) Material misstatement in furnishing information to | ||
the Department. | ||
(2) Violations of this Act, or of the rules promulgated | ||
under this Act. | ||
(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. Conviction of any crime | ||
under the laws of the United States or any
state or | ||
territory of the United States that is a felony or that is | ||
a
misdemeanor, an essential element of which is dishonesty, | ||
or of any crime that
is directly related to the practice of | ||
the profession. | ||
(4) Making any misrepresentation for the purpose of | ||
obtaining licensure or
violating any provision of this Act | ||
or the rules promulgated under this Act
pertaining to | ||
advertising. | ||
(5) Professional incompetence. | ||
(6) Malpractice. Gross malpractice. | ||
(7) Aiding or assisting another person in violating any | ||
provision of this
Act or rules promulgated under this Act. | ||
(8) Failing, within 60 days, to provide information in | ||
response to a
written request made by the Department. | ||
(9) Engaging in dishonorable, unethical, or | ||
unprofessional conduct of a
character likely to deceive, | ||
defraud, or harm the public. | ||
(10) Habitual or excessive use or addiction to alcohol, | ||
narcotics,
stimulants, or any other chemical agent or drug | ||
that results in the inability
to practice with reasonable | ||
judgment, skill, or safety. | ||
(11) Discipline by another state, the District of | ||
Columbia, a territory of the United States, or
a 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. | ||
(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 professional services not actually or personally
| ||
rendered. | ||
(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) Physical illness, including but not limited to, | ||
deterioration through
the aging process, or loss of motor | ||
skill that results in the inability to
practice the | ||
profession with reasonable judgment, skill, or safety. | ||
(16) Solicitation of professional services other than | ||
permitted
advertising. | ||
(17) Conviction of or cash compromise of a charge or | ||
violation of
the Illinois Controlled Substances Act | ||
regulating narcotics. | ||
(18) Failure to (i) file a tax return, (ii) pay the | ||
tax, penalty, or interest
shown in a filed return, or (iii) | ||
pay any final assessment of tax, penalty, or
interest, as | ||
required by any tax Act administered by the Illinois | ||
Department of
Revenue, until the requirements of that tax | ||
Act are satisfied. | ||
(19) Conviction by any court of competent | ||
jurisdiction, either within or
outside this State, of any | ||
violation of any law governing the practice of
professional | ||
geology, if the Department determines, after | ||
investigation, that
the person has not been sufficiently | ||
rehabilitated to warrant the public trust. | ||
(20) Gross, willful, or continued overcharging for | ||
professional services,
including filing false statements | ||
for collection of fees for which services are
not rendered. | ||
(21) Practicing under a false or, except as provided by | ||
law, an assumed
name. | ||
(22) Fraud or misrepresentation in applying for, or | ||
procuring, a license
to practice as a Licensed Professional | ||
Geologist under this Act or in connection with applying for | ||
renewal of a license under
this Act. | ||
(23) Cheating on or attempting to subvert the licensing | ||
examination
administered under this Act. | ||
(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 operates as an automatic suspension. The
suspension will | ||
end only upon a finding by a court that the licensee is no
| ||
longer subject to the involuntary admission or judicial | ||
admission and issues an
order so finding and discharging the | ||
licensee; and upon the recommendation of
the Board to the | ||
Secretary Director that the licensee be allowed to
resume his | ||
or her practice. | ||
All fines imposed under this Section shall be paid within | ||
60 days after the effective date of the order imposing the fine | ||
or in accordance with the terms set forth in the order imposing | ||
the fine. | ||
(Source: P.A. 96-1327, eff. 7-27-10.) | ||
(225 ILCS 745/90) | ||
(Section scheduled to be repealed on January 1, 2016) | ||
Sec. 90. Investigations; notice and hearing. The | ||
Department may
investigate the actions of any applicant or of | ||
any person or persons rendering
or offering to render | ||
geological services or any person holding or
claiming to hold a | ||
license as a Licensed Professional Geologist. The
Department | ||
shall, before revoking, suspending, placing on probation,
| ||
reprimanding, or taking any other disciplinary action under | ||
Section 80 of this
Act, at least 30 days before the date set | ||
for the hearing, (i) notify the
accused in writing of the | ||
charges made and the time and place for the hearing
on the | ||
charges, (ii) direct him or her to file a written answer to the | ||
charges
with the Board under oath within 20 days after the | ||
service on him or her of the
notice, and (iii) notify inform | ||
the accused that, if he or she fails to answer,
default will be | ||
taken against him or her, and or that his or her license may be
| ||
suspended, revoked, placed on probationary status, or other | ||
disciplinary action
taken with regard to the license, including | ||
limiting the scope, nature, or
extent
of his or her practice, | ||
as the Department may consider proper. 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 any
pertinent statements, | ||
testimony, evidence, and arguments. The Board 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 suspended, revoked, placed | ||
on probationary status, or subject to any other disciplinary | ||
action the
Department considers proper 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 | ||
this Act. The written notice may be served by
personal delivery | ||
or by certified mail to the licensee's address of record. | ||
specified by the accused
in
his
or her last notification with | ||
the Department. | ||
(Source: P.A. 96-1327, eff. 7-27-10.)
| ||
(225 ILCS 745/95)
| ||
(Section scheduled to be repealed on January 1, 2016)
| ||
Sec. 95. Record of proceedings; transcript. The | ||
Department, at its
expense, shall preserve a record of all | ||
proceedings at the formal hearing of
any case. The notice of | ||
hearing, complaint, all other documents in the nature
of | ||
pleadings, written motions filed in the proceedings, the | ||
transcripts of
testimony, the
report of the hearing officer and | ||
the Board, and orders of the Department shall be in the record | ||
of the
proceeding. The Department
shall furnish a transcript of | ||
such record to any person interested in such
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 745/100)
| ||
(Section scheduled to be repealed on January 1, 2016)
| ||
Sec. 100. Subpoenas; depositions; oaths. The Department | ||
has the power to
subpoena and to bring before it any person and | ||
to take testimony either orally
or by deposition, or both, with | ||
the same fees and mileage and in the same
manner as prescribed | ||
in civil cases in the courts of this State.
| ||
The Secretary Director, the designated hearing officer, | ||
and every member of the Board
has the power to administer oaths | ||
to witnesses at any hearing that the
Department is authorized | ||
to conduct, and any other oaths authorized in any Act
| ||
administered by the Department.
| ||
(Source: P.A. 89-366, eff. 7-1-96.)
| ||
(225 ILCS 745/110) | ||
(Section scheduled to be repealed on January 1, 2016) | ||
Sec. 110. Findings and recommendations. At the conclusion | ||
of the hearing,
the Board shall present to the Secretary | ||
Director a written report of its findings of
fact, conclusions | ||
of law, 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 any | ||
violations or failure to comply and shall
make its | ||
recommendations to the Secretary Director. In making | ||
recommendations for any
disciplinary actions, the Board may | ||
take into consideration all facts and
circumstances bearing | ||
upon the reasonableness of the conduct of the accused
and the | ||
potential for future harm to the public, including but not | ||
limited to
previous discipline of the accused by the | ||
Department, intent, degree of harm to
the public and likelihood | ||
of harm in the future, any restitution made by the
accused, and | ||
whether the incident or incidents contained in the complaint
| ||
appear to be isolated or represent a continuing pattern of | ||
conduct. In making
its recommendations for discipline, the | ||
Board shall endeavor to ensure that the
severity of the | ||
discipline recommended is reasonably related 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 | ||
person's license to practice as a Licensed Professional | ||
Geologist, or otherwise disciplining a licensee. If the | ||
Secretary Director disagrees with the recommendations of the | ||
Board, the Secretary Director may issue an
order in | ||
contravention of the Board recommendations. The Secretary | ||
Director shall
provide a written report to the Board on any | ||
disagreement and shall specify the
reasons for the action in | ||
the final order. The finding is not admissible in
evidence | ||
against the person in a criminal prosecution brought for a | ||
violation
of this Act, but the hearing and finding are not a | ||
bar to a criminal
prosecution brought for a violation of this | ||
Act. | ||
(Source: P.A. 96-1327, eff. 7-27-10.) | ||
(225 ILCS 745/120) | ||
(Section scheduled to be repealed on January 1, 2016) | ||
Sec. 120. Secretary Director;rehearing. Whenever the | ||
Secretary Director believes that
justice has not been done in | ||
the revocation, suspension, or refusal to issue,
restore, or | ||
renew a person's license to practice as a Licensed Professional | ||
Geologist, or other discipline of an applicant or licensee,
he | ||
or she may order a rehearing by the same or other examiners. | ||
(Source: P.A. 96-1327, eff. 7-27-10.) | ||
(225 ILCS 745/125) | ||
(Section scheduled to be repealed on January 1, 2016) | ||
Sec. 125. Appointment of a hearing officer. The Secretary | ||
Director has the
authority to appoint any attorney licensed 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 | ||
person's license to practice as a Licensed Professional | ||
Geologist or to discipline a licensee. The hearing officer
has | ||
full authority to conduct the hearing. Members At least one | ||
member of the Board
may shall attend each hearing. The hearing | ||
officer shall report his or her
findings of fact, conclusions | ||
of law, and recommendations to the Board and the
Secretary | ||
Director. The Board shall have 60 calendar days from receipt of | ||
the report to
review the report of the hearing officer and | ||
present its findings of fact,
conclusions of law, and | ||
recommendations to the Secretary Director. If the Board does | ||
not
present its report within the 60-day period, the Secretary | ||
Director may issue an order
based on the report of the hearing | ||
officer. If the Secretary Director disagrees with
the | ||
recommendation of the Board or of the hearing officer, the | ||
Secretary Director may
issue an order in contravention of the
| ||
recommendation. The Secretary Director shall promptly provide | ||
a written report to the
Board on any deviation, and shall | ||
specify the reasons for the action in the
final order. | ||
(Source: P.A. 96-1327, eff. 7-27-10.)
| ||
(225 ILCS 745/130)
| ||
(Section scheduled to be repealed on January 1, 2016)
| ||
Sec. 130. 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,is 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 its members are qualified to act.
| ||
(Source: P.A. 89-366, eff. 7-1-96.)
| ||
(225 ILCS 745/135) | ||
(Section scheduled to be repealed on January 1, 2016) | ||
Sec. 135. Restoration of suspended or revoked license. At | ||
any time after
the successful completion of a term of | ||
indefinite probation, suspension, or revocation of a | ||
suspension or revocation of a person's license to practice as a | ||
Licensed Professional Geologist, the Department may restore it | ||
to
the licensee, upon the written recommendation of the Board, | ||
unless after an
investigation and a hearing the Board | ||
determines that restoration is not in
the public interest. | ||
(Source: P.A. 96-1327, eff. 7-27-10.) | ||
(225 ILCS 745/145) | ||
(Section scheduled to be repealed on January 1, 2016) | ||
Sec. 145. Summary suspension of a license. The Secretary | ||
Director may summarily
suspend the license of a Licensed | ||
Professional Geologist without a hearing,
simultaneously with | ||
the institution of proceedings for a hearing provided for
in | ||
Section 90 of this Act, if the Secretary Director finds that | ||
evidence in the
Secretary's Director's possession indicates | ||
that the continuation of practice by a
Licensed Professional | ||
Geologist would constitute an imminent danger to the
public. In | ||
the event that the Secretary Director summarily suspends the | ||
license of a
Licensed Professional Geologist without a hearing, | ||
a hearing must be
commenced within 30 days after the suspension | ||
has occurred and concluded as
expeditiously as practical. | ||
(Source: P.A. 96-1327, eff. 7-27-10.)
| ||
(225 ILCS 745/155)
| ||
(Section scheduled to be repealed on January 1, 2016)
| ||
Sec. 155. Administrative review; certifications | ||
Certifications of record; costs. All final administrative | ||
decisions of the Department are subject to judicial review | ||
pursuant to the Administrative Review Law and its rules. The | ||
term "administrative decision" is defined as in Section 3-101 | ||
of the Code of Civil Procedure. | ||
Proceedings for judicial review shall be commenced in the | ||
circuit court of the county in which the party applying for | ||
review resides, but, if the party is not a resident of this | ||
State, the venue shall be in Sangamon County. | ||
The Department shall not be
required to certify any record | ||
to the court, to file an answer in court, or to
otherwise | ||
appear in any court in a judicial review proceeding unless and | ||
until the Department has received from the plaintiff payment of | ||
the costs of furnishing and certifying the record, 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. Failure on the part of the plaintiff to file the | ||
receipt in court
is grounds for dismissal of the action.
| ||
During the pendency and hearing of any and all judicial | ||
proceedings incident to the disciplinary action, the sanctions | ||
imposed upon the accused by the Department specified in the | ||
Department's final administrative decision shall, as a matter | ||
of public policy, remain in full force and effect in order to | ||
protect the public pending final resolution of any of the | ||
proceedings. | ||
(Source: P.A. 89-366, eff. 7-1-96.)
| ||
(225 ILCS 745/162)
| ||
(Section scheduled to be repealed on January 1, 2016)
| ||
Sec. 162. Civil penalties.
| ||
(a) In addition to any other penalty provided by law, any | ||
person who
violates this Act shall forfeit and 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 of 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.
| ||
(d) All moneys collected under this Section shall be | ||
deposited into the
General Professions Dedicated Fund.
| ||
(Source: P.A. 89-366, eff. 7-1-96.)
| ||
(225 ILCS 745/165)
| ||
(Section scheduled to be repealed on January 1, 2016)
| ||
Sec. 165. Consent order. At any point in the proceedings as | ||
provided in
Sections 85 through 130 and Section 150, both | ||
parties may agree to a negotiated
consent order. The consent | ||
order shall be final upon signature of the
Secretary Director.
| ||
(Source: P.A. 89-366, eff. 7-1-96.)
| ||
(225 ILCS 745/170)
| ||
(Section scheduled to be repealed on January 1, 2016)
| ||
Sec. 170. Illinois Administrative Procedure Act; | ||
application. The Illinois
Administrative Procedure Act is | ||
expressly adopted and incorporated in this Act
as if all of the | ||
provisions of that Act were included in this Act, except that
| ||
the provision of paragraph (d) of Section 10-65 of the
Illinois | ||
Administrative Procedure Act, which provides that at hearings | ||
the
registrant or licensee has the right to show compliance | ||
with all lawful
requirements for retention or continuation or | ||
renewal of the license, is
specifically excluded. For the | ||
purpose of this Act, the notice required under
Section 10-25 of | ||
the Illinois Administrative Procedure Act is
considered | ||
sufficient when mailed to the last known address of record a | ||
party.
| ||
(Source: P.A. 89-366, eff. 7-1-96; 90-655, eff. 7-30-98.)
| ||
(225 ILCS 745/180 new) | ||
Sec. 180. 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 shall not disclose the | ||
information to anyone other than law enforcement officials, | ||
regulatory agencies that have an appropriate regulatory | ||
interest as determined by the Secretary, or a party presenting | ||
a lawful subpoena to the Department. Information and documents | ||
disclosed to a federal, State, county, or local law enforcement | ||
agency shall not be disclosed by the agency for any purpose to | ||
any other agency or person. A formal complaint filed against a | ||
licensee by the Department or any order issued by the | ||
Department against a licensee or applicant shall be a public | ||
record, except as otherwise prohibited by law.
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
| ||