State of Illinois
91^st General Assembly
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91_SB0487eng

 
SB487 Engrossed                               LRB9100640ACtmA

 1        AN  ACT  to amend the Illinois Roofing Industry Licensing
 2    Act by changing Sections 2 and 3,  by  adding  Sections  3.5,
 3    4.5, and 5.5, and by repealing Section 4.

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

 6        Section 5.  The Illinois Roofing Industry  Licensing  Act
 7    is  amended  by changing Sections 3, 9.2, 9.4, 9.5, 9.14, 10,
 8    and 11.5 and adding Sections 3.5 and 5.5 as follows:

 9        (225 ILCS 335/3) (from Ch. 111, par. 7503)
10        Sec. 3.  (1) To obtain a certificate, an applicant  shall
11    submit  an application in writing to the Department on a form
12    containing the information prescribed by the  Department  and
13    accompanied by the fee fixed by the Department.
14        (2)  An   applicant   for   a   certificate  must  submit
15    satisfactory evidence that:
16             (a)  he or she has  obtained  public  liability  and
17        property  damage insurance in such amounts and under such
18        circumstances as may be determined by the Department;
19             (b)  he or she has  obtained  Workers'  Compensation
20        insurance  covering  his  employees  or  is approved as a
21        self-insurer of Workers' Compensation in accordance  with
22        Illinois law;
23             (c)  he   or   she   has  an  Illinois  Unemployment
24        Insurance employer identification number or has proof  of
25        application  to the Illinois Department of Labor for such
26        an identification number;
27             (d)  (blank) he or she has submitted a bond  to  the
28        Department in the amount of $5,000.
29        (3)  It  is the responsibility of the licensee to provide
30    to the Department notice in writing of  any  changes  in  the
31    information required to be provided on the application.
 
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 1    (Source: P.A. 89-387, eff. 1-1-96.)

 2        (225 ILCS 335/3.5 new)
 3        Sec.  3.5.   Bond.  Before issuing or renewing a license,
 4    the Department shall require each applicant  or  licensee  to
 5    file  and  maintain  in  force  a  surety  bond, issued by an
 6    insurance company authorized to transact fidelity and  surety
 7    business in the State of Illinois.  The bond shall be for the
 8    benefit  of  the consumers who obtain a judgment from a court
 9    of competent jurisdiction based on the failure of the roofing
10    contractor to fulfill the terms of the contract  between  the
11    consumer and the roofing contractor. The bond shall be in the
12    form  prescribed  by  the  Department.   The  bond  shall  be
13    continuous in form and run concurrently with the original and
14    each   renewal  license  period,  unless  terminated  by  the
15    insurance company.  An insurance company may terminate a bond
16    and avoid further liability by  filing  a  60-day  notice  of
17    termination  with  the  Department  and,  at  the  same time,
18    sending the notice to  the  roofing  contractor.   A  license
19    shall  be  suspended  on  the termination date of the roofing
20    contractor's bond, unless  a  new  bond  is  filed  with  the
21    Department to become effective at the termination date of the
22    prior  bond.   If  a  license  has  been suspended under this
23    Section, the license shall be reinstated upon  showing  proof
24    of compliance with this Section.

25        (225 ILCS 335/5.5 new)
26        Sec. 5.5. Contracts. A roofing contractor, when signing a
27    contract, must provide a land-based phone number and a street
28    address  other  than a post office box at which he or she may
29    be contacted.

30        (225 ILCS 335/9.2) (from Ch. 111, par. 7509.2)
31        Sec.  9.2.  Stenographer;  record  of  proceedings.   The
 
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 1    Department,  at  its expense, shall provide a stenographer to
 2    take  down  the  testimony  and  preserve  a  record  of  all
 3    proceedings initiated pursuant to this Act, the rules for the
 4    administration of  this  Act,  or  any  other  Act  or  rules
 5    relating  to  this Act and proceedings for restoration of any
 6    license  issued  under  this  Act.  The  notice  of  hearing,
 7    complaint, answer, and all other documents in the  nature  of
 8    pleadings  and  written  motions  and  responses filed in the
 9    proceedings, the transcript of the  testimony,  all  exhibits
10    admitted  into  evidence,  the report of the hearing officer,
11    the  Board's  findings  of  fact,  conclusions  of  law,  and
12    recommendations to the Director, and the order shall  be  the
13    record  of  the  proceeding.  The  Department shall furnish a
14    transcript of the record to  any  person  interested  in  the
15    hearing upon payment of the fee required under Section 60f of
16    the Civil Administrative Code of Illinois. The Department, at
17    its  expense,  shall  preserve a record of all proceedings at
18    the formal hearing  of  any  case.  The  notice  of  hearing,
19    complaint  and all other documents in the nature of pleadings
20    and written motions filed in the proceedings, the  transcript
21    of  testimony, the report of the hearing officer and order of
22    the Department shall be the record of  such  proceeding.  The
23    Department  shall  furnish  a transcript of the record to any
24    person interested in the hearing  upon  payment  of  the  fee
25    required  under  Section 60f of the Civil Administrative Code
26    of Illinois.
27    (Source: P.A. 89-387, eff. 1-1-96.)

28        (225 ILCS 335/9.4) (from Ch. 111, par. 7509.4)
29        Sec. 9.4.  The Department has power to subpoena and bring
30    before it any person in this  State  and  to  take  testimony
31    either  orally  or  by  deposition  or  both,  or to subpoena
32    documents, exhibits, or other materials with  the  same  fees
33    and  mileage  and  in the same manner as prescribed by law in
 
SB487 Engrossed             -4-               LRB9100640ACtmA
 1    judicial proceedings in civil cases in circuit courts of this
 2    State.
 3        The Director and any member of the Roofing Advisory Board
 4    have power to administer oaths to witnesses  at  any  hearing
 5    that  the  Department or Roofing Advisory Board is authorized
 6    by law  to  conduct.  Further,  the  Director  has  power  to
 7    administer  any  other  oaths  required  or  authorized to be
 8    administered by the Department under this Act.
 9        The Director  and  the  hearing  officer  have  power  to
10    administer  oaths  to  witnesses  at  any  hearing  which the
11    Department is authorized to conduct under this Act,  and  any
12    other  oaths required or authorized to be administered by the
13    Department under this Act.
14    (Source: P.A. 89-387, eff. 1-1-96.)

15        (225 ILCS 335/9.5) (from Ch. 111, par. 7509.5)
16        Sec. 9.5. Findings  of  fact,  conclusions  of  law,  and
17    recommendations;  order.  Within  30 days of the Department's
18    receipt of the transcript of any hearing  that  is  conducted
19    pursuant  to this Act or the rules for its enforcement or any
20    other statute or rule requiring a hearing under this  Act  or
21    the  rules for its enforcement, or for any hearing related to
22    restoration of any license issued pursuant to this  Act,  the
23    hearing  officer shall submit his or her written findings and
24    recommendations to the Roofing Advisory  Board.  The  Roofing
25    Advisory Board shall review the report of the hearing officer
26    and  shall  present its findings of fact, conclusions of law,
27    and recommendations to  the  Director  by  the  date  of  the
28    Board's  second  meeting following the Board's receipt of the
29    hearing officer's report.
30        A copy of the findings of fact, conclusions of  law,  and
31    recommendations  to  the  Director  shall  be served upon the
32    accused  person,  either  personally  or  by  registered   or
33    certified  mail.  Within  20  days after service, the accused
 
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 1    person may present to the Department a written motion  for  a
 2    rehearing, which shall state the particular grounds therefor.
 3    If  the  accused  person  orders  and  pays  for a transcript
 4    pursuant to Section 9.2, the  time  elapsing  thereafter  and
 5    before  the  transcript  is  ready for delivery to him or her
 6    shall not be counted as part of the 20 days.
 7        The Director shall issue an order based on  the  findings
 8    of  fact,  conclusions  of  law,  and  recommendations to the
 9    Director of the Board.  If  the  Director  disagrees  in  any
10    regard  with  the  findings  of fact, conclusions of law, and
11    recommendations to the Director, he may  issue  an  order  in
12    contravention  of  the  findings of fact, conclusions of law,
13    and recommendations to the Director.
14        If the Director issues an order in contravention  of  the
15    findings  of fact, conclusions of law, and recommendations to
16    the Director of the Board,  the  Director  shall  notify  the
17    Board  in  writing with an explanation for any deviation from
18    the  Board's  findings  of  fact,  conclusions  of  law,  and
19    recommendations  to  the  Director  within  30  days  of  the
20    Director's entry of the  order.  At  the  conclusion  of  the
21    hearing  the  hearing officer shall present to the Director a
22    written report of his findings of fact,  conclusions  of  law
23    and  recommendations.   The  report  shall  contain a finding
24    whether or not the accused person violated this Act or failed
25    to comply with the conditions  required  in  this  Act.   The
26    hearing  officer shall specify the nature of the violation or
27    failure to comply, and shall make his recommendations to  the
28    Director.
29        The  report  of  findings of fact, conclusions of law and
30    recommendations of the hearing officer shall be the basis for
31    the Department's order.  If the  Director  disagrees  in  any
32    regard  with  the report of the hearing officer, the Director
33    may issue an order  in  contravention  to  the  report.   The
34    finding is not admissible in evidence against the person in a
 
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 1    criminal  prosecution  brought for the violation of this Act,
 2    but the hearing and findings are not  a  bar  to  a  criminal
 3    prosecution brought for the violation of this Act.
 4    (Source: P.A. 86-615.)

 5        (225 ILCS 335/9.14) (from Ch. 111, par. 7509.14)
 6        Sec. 9.14.  The Director has the authority to appoint any
 7    attorney  duly  licensed  to  practice  law  in  the State of
 8    Illinois to serve as the hearing officer for any  action  for
 9    refusal  to  issue or renew a license, for or discipline of a
10    licensee  for  sanctions   for   unlicensed   practice,   for
11    restoration  of  a license, or for any other action for which
12    findings of fact, conclusions of law, and recommendations are
13    required pursuant to Section 9.5 of  this  Act.  The  hearing
14    officer  shall have full authority to conduct the hearing and
15    shall issue his or her findings of fact  and  recommendations
16    to  the  Board  pursuant  to  Sections  9.5  of this Act. The
17    hearing officer has full authority to  conduct  the  hearing.
18    The  hearing  officer  shall  report  his  findings  of fact,
19    conclusions of law and recommendations to the Director.   The
20    Director  shall  issue  an  order  based on the report of the
21    hearing officer.  If the Director  disagrees  in  any  regard
22    with  the  hearing officer's report, he may issue an order in
23    contravention of the hearing officer's report.
24    (Source: P.A. 86-615.)

25        (225 ILCS 335/10) (from Ch. 111, par. 7510)
26        Sec. 10. Enforcement; petition to court.
27        (1)  If any person violates the provisions of  this  Act,
28    the Director through the Attorney General of Illinois, or the
29    State's  Attorney  of  any  county  in  which  a violation is
30    alleged to exist, may in the name of the People of the  State
31    of Illinois petition for an order enjoining such violation or
32    for  an  order  enforcing compliance with this Act.  Upon the
 
SB487 Engrossed             -7-               LRB9100640ACtmA
 1    filing of a verified petition in such court,  the  court  may
 2    issue  a temporary restraining order, without notice or bond,
 3    and may preliminarily and permanently enjoin such  violation,
 4    and  if it is established that such person has violated or is
 5    violating the injunction, the Court may punish  the  offender
 6    for contempt of court.
 7        (2)  If  any  person shall practice as a licensee or hold
 8    himself or herself out as a licensee without  being  licensed
 9    under  the  provisions  of this Act, then any person licensed
10    under this Act, any interested party or  any  person  injured
11    thereby  may,  in  addition  to  those officers identified in
12    subsection (1)  of  this  Section,  petition  for  relief  as
13    provided therein.
14        (3)  Whenever  the  Department has reason to believe that
15    any person has violated the licensing  requirements  of  this
16    Act  by  practicing,  offering  to  practice,  attempting  to
17    practice,  or  holding  himself  or  herself  out to practice
18    roofing without being licensed under this Act, the Department
19    may issue a rule to show cause why  an  order  to  cease  and
20    desist  should  not  be entered against that person. The rule
21    shall clearly set  forth  the  grounds  relied  upon  by  the
22    Department and shall provide a period of 7 days from the date
23    of  the  rule  to  file  an answer to the satisfaction of the
24    Department. Failure to answer  to  the  satisfaction  of  the
25    Department  shall  cause  an  order to cease and desist to be
26    issued immediately.
27        (4) (3)  Proceedings  under  this  Section  shall  be  in
28    addition  to,  and  not  in  lieu  of, all other remedies and
29    penalties which may be provided by law.
30    (Source: P.A. 90-55, eff. 1-1-98.)

31        (225 ILCS 335/11.5)
32        Sec. 11.5.  The Roofing Advisory  Board  is  created  and
33    shall  consist  of  8  7  persons,  6 of whom shall have been
 
SB487 Engrossed             -8-               LRB9100640ACtmA
 1    issued certificates of registration as roofing contractors by
 2    the Department, one of  whom  represents  the  Home  Builders
 3    Association  of  Illinois,  and  one of whom and one who is a
 4    knowledgeable public member.  The public member shall not  be
 5    licensed  under  this  Act  or  any  other Act the Department
 6    administers.  Each member shall be appointed by the Director.
 7    Members shall  be  appointed  who  reasonably  represent  the
 8    different geographic areas of the State.
 9        The    Director    shall    consider   the   advice   and
10    recommendations of the Board.  The Director shall notify  the
11    Board  in  writing  with an explanation of any deviation from
12    the Board's written recommendation or response.  After review
13    of the Director's written  explanation  of  the  reasons  for
14    deviation,  the  Board  shall have the opportunity to comment
15    upon the Director's decision.
16        The persons appointed shall hold office for 4  years  and
17    until  a  successor  is appointed and qualified.  The initial
18    terms shall begin July 1, 1997.  Of the members of the  Board
19    first appointed, 2 shall be appointed to serve for 2 years, 2
20    shall  be  appointed  to  serve  for  3 years, and 3 shall be
21    appointed to serve for 4 years.  No member shall  serve  more
22    than 2 complete 4 year terms.
23        Within 90 days of a vacancy occurring, the Director shall
24    fill  the  vacancy for the unexpired portion of the term with
25    an appointee who meets the same qualifications as the  person
26    whose  position  has  become  vacant.   The  Board shall meet
27    annually to elect one member as chairman and  one  member  as
28    vice-chairman.    No officer shall be elected more than twice
29    in succession to the same office.  The members of  the  Board
30    shall   receive  reimbursement  for  actual,  necessary,  and
31    authorized expenses incurred in attending the meetings of the
32    Board.
33    (Source: P.A. 89-594, eff. 8-1-96.)
 
SB487 Engrossed             -9-               LRB9100640ACtmA
 1        Section 99. Effective date. This Act  takes  effect  upon
 2    becoming law.

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