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91_SB1248enr SB1248 Enrolled LRB9107205ACtm 1 AN ACT creating the Fire Equipment Distributor and 2 Employee Regulation Act of 2000. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section. 1. Short title. This Act may be cited as the 6 Fire Equipment Distributor and Employee Regulation Act of 7 2000. 8 Section 5. Definitions. As used in this Act: 9 (a) "Employee" means a licensee or a person who is 10 currently employed by a distributor licensed under this Act 11 whose full or part-time duties include servicing, recharging, 12 hydro-testing, installing, maintaining, or inspecting all 13 types of fire extinguishing devices or systems, other than 14 water sprinkler systems. 15 (b) "Board" means the Fire Equipment Distributor and 16 Employee Advisory Board. 17 (c) "Person" means a natural person or any company, 18 corporation, or other business entity. 19 (d) "Fire equipment distributor" means any person, 20 company or corporation that services, recharges, hydro-tests, 21 inspects, installs, maintains, alters, repairs, replaces, or 22 services fire extinguishing devices or systems, other than 23 water sprinkler systems, for customers, clients, or other 24 third parties. "Fire equipment distributor" does not include 25 a person, company, or corporation employing 2,000 or more 26 employees within the State of Illinois that engages in these 27 activities incidental to its own business. 28 (e) "Public member" means a person who is not a licensee 29 or a relative of a licensee, or who is not an employer or 30 employee of a licensee. The term "relative" shall be 31 determined by rules of the State Fire Marshal. SB1248 Enrolled -2- LRB9107205ACtm 1 (f) "Residency" means an actual domicile in Illinois for 2 a period of not less than one year. 3 (g) "Inspection" means a determination that a fire 4 extinguisher is available in its designated place and has not 5 been actuated or tampered with. "Inspection" does not include 6 the inspection that may be performed by the building owner, 7 tenant, or insurance representative. 8 (h) "Maintenance" means a determination that an 9 extinguisher will operate effectively and safely. It 10 includes a thorough examination and any necessary repair or 11 replacement. It also includes checking the date of 12 manufacture or last hydrostatic test to see if internal 13 inspection of the cylinder or hydrostatic testing is 14 necessary, and checking for cuts, bulges, dents, abrasions, 15 corrosion, condition of paint, shell hanger attachment, 16 maintenance of nameplate, weight of contents, pressure gauge, 17 valve, removal of pull pin, discharge nozzle, hose assembly, 18 and operating instructions. 19 Section 10. License requirement; injunction. No person 20 shall act as a fire equipment distributor or employee, or 21 advertise or assume to act as such, or use any title implying 22 that such person is engaged in such practice or occupation 23 unless licensed by the State Fire Marshal. 24 No firm, association, or corporation shall act as an 25 agency licensed under this Act, or advertise or assume to act 26 as such, or use any title implying that the firm, 27 association, or corporation is engaged in such practice, 28 unless licensed by the State Fire Marshal. 29 The State Fire Marshal, in the name of the People and 30 through the Attorney General, the State's Attorney of any 31 county, any resident of the State, or any legal entity within 32 the State may apply for injunctive relief in any court to 33 enjoin any person who has not been issued a license or whose SB1248 Enrolled -3- LRB9107205ACtm 1 license has been suspended, revoked, or not renewed from 2 practicing a licensed activity, and upon the filing of a 3 verified petition, the court, if satisfied by affidavit or 4 otherwise, that such person is or has been practicing in 5 violation of this Act may enter a temporary restraining order 6 or preliminary injunction, without bond, enjoining the 7 defendant from such further activity. A copy of the verified 8 complaint shall be served upon the defendant and the 9 proceedings shall thereafter be conducted as in other civil 10 cases. If it is established that the defendant has been or 11 is practicing in violation of this Act, the court may enter a 12 judgment perpetually enjoining the defendant from such 13 further activity. In case of violation of any injunctive 14 order or judgment entered under the provisions of this 15 Section, the court may summarily try and punish the offender 16 for contempt of court. Such injunctive proceeding shall be 17 in addition to all penalties and other remedies in this Act. 18 The State Fire Marshal may refuse to issue a license to, 19 or may suspend the license of, any person who fails to file a 20 return, to pay the tax, penalty, or interest shown in a filed 21 return, or to pay any final assessment of tax, penalty, or 22 interest, as required by any tax Act administered by the 23 Illinois Department of Revenue, until such time as the 24 requirements of any such tax Act are satisfied. 25 Section 15. Exemptions. 26 (a) This Act shall not apply to an officer or employee 27 of this State or the fire department or fire protection 28 district of any political subdivision of this State while 29 such officer or employee is engaged in the performance of his 30 official duties within the course and scope of his employment 31 with this State, or any political subdivision. However, any 32 such person who offers his services as a private fire 33 equipment distributor or employee, or any title where similar SB1248 Enrolled -4- LRB9107205ACtm 1 services are performed for compensation, fee, or other 2 valuable consideration, whether received directly or 3 indirectly, shall be subject to this Act and its licensing 4 requirements. 5 (b) Any person who engages in hydrostatic testing of 6 fire equipment but does not service, recharge, install, 7 maintain, or inspect such equipment shall not be required to 8 be licensed under this Act. 9 Section 20. Deposit of fees. All fees collected pursuant 10 to this Act shall be deposited into the Fire Prevention Fund. 11 Section 25. Fire Equipment Distributor and Employee 12 Advisory Board. There is created the Fire Equipment 13 Distributor and Employee Advisory Board consisting of 9 14 members to be appointed by the State Fire Marshal as soon as 15 practicable after the effective date of this Act. Two of the 16 members shall possess at least a Class A Fire Distributor 17 License, 2 shall possess at least a Class B Fire Distributor 18 License, 2 shall possess at least a Class C Fire Distributor 19 License, 2 shall be representatives of the active fire 20 prevention services who are not licensed under this Act, and 21 one shall be a public member who is not licensed under this 22 Act or a similar Act of another jurisdiction and who has no 23 connection with any business licensed under this Act. The 24 State Fire Marshal shall be an ex officio member of the 25 Board. Each member shall be a resident of Illinois. Each 26 appointment to the Board shall have a minimum of 5 years 27 experience as a licensee in the field in which the person is 28 licensed, be an officer in a licensed fire equipment 29 distributor company, and be actively engaged in the fire 30 equipment business. In making Board appointments, the State 31 Fire Marshal shall give consideration to the recommendations 32 by members of the profession and by organizations therein. SB1248 Enrolled -5- LRB9107205ACtm 1 The membership shall reasonably reflect representation from 2 geographic areas in this State. 3 Each Board member shall serve for a term of 4 years and 4 until his or her successor is appointed and qualified. 5 However, in making initial appointments, one member shall be 6 appointed to serve for one year, 2 shall be appointed to 7 serve for 2 years, 2 shall be appointed to serve for 3 years, 8 and the remaining members, one of whom shall be the public 9 member, shall be appointed to serve for 4 years. Appointments 10 to fill vacancies shall be made in the same manner as 11 original appointments for the unexpired portion of the 12 vacated term. Initial terms shall begin upon the effective 13 date of this Act. 14 A member of the Board may be removed from office for just 15 cause. A member subject to formal disciplinary proceedings 16 shall disqualify himself or herself from Board business until 17 the charge is resolved. A member also shall disqualify 18 himself or herself from any matter on which the member may 19 not objectively make a decision. 20 Board members shall receive no compensation but shall be 21 reimbursed for expenses incurred in connection with their 22 duties as board members. 23 A majority of Board members then appointed shall 24 constitute a quorum. A majority vote of the quorum is 25 required for a Board decision. 26 The Board shall elect from its membership a chairman and 27 other officers as it may deem necessary. 28 Board members shall not be liable for any of their acts, 29 omissions, decisions, or any other conduct in connection with 30 their duties on the Board, except those involving willful, 31 wanton, or intentional misconduct. 32 The Board may have such powers as may be granted by the 33 State Fire Marshal to carry out the provisions of this Act. SB1248 Enrolled -6- LRB9107205ACtm 1 Section 30. Rules; report. 2 (a) The State Fire Marshal shall promulgate rules 3 consistent with the provisions of this Act for the 4 administration and enforcement thereof, and may prescribe 5 forms that shall be issued in connection therewith. The 6 rules shall include standards and criteria for registration, 7 professional conduct, and discipline. The State Fire Marshal 8 shall consult with the Board in promulgating all rules under 9 this Act. 10 (b) The Board shall propose to the State Fire Marshal 11 additions or modifications to administrative rules whenever a 12 majority of the members believes the rules are deficient for 13 the proper administration of this Act. 14 (c) The State Fire Marshal may solicit the advice and 15 expert knowledge of the Board on any matter relating to the 16 administration and enforcement of this Act. 17 (d) In the promulgation of rules relating to fire 18 equipment distributors and employees, the State Fire Marshal 19 shall be guided by the national fire safety standards and 20 codes and fire equipment and facility standards and code, 21 including but not limited to those promulgated by the 22 National Fire Protection Association and the National 23 Association of Fire Equipment Distributors. 24 (e) In the promulgation of rules relating to the 25 maintenance and operation of hydrostatic testing equipment 26 and tools for all fire equipment distributors and employees, 27 the State Fire Marshal shall be guided by the requirements of 28 the United States Department of Transportation as set forth 29 in Section 173.34(e)(1) of Title 49 of the Code of Federal 30 Regulations. 31 (f) The State Fire Marshal shall by rule establish 32 procedures for an applicant for any class fire equipment 33 employee license to work for a licensed fire equipment 34 distributor for training. SB1248 Enrolled -7- LRB9107205ACtm 1 (g) The rules promulgated by the Office of the State Fire 2 Marshal pursuant to the Fire Equipment Distributor and 3 Employee Regulation Act shall remain in effect until such 4 time as the Office of the State Fire Marshal promulgates 5 rules under this Act. 6 (h) The State Fire Marshal shall issue to the Board 7 prior to each Board meeting, but not less than quarterly, a 8 report of the status of all convictions related to the 9 profession received by the State Fire Marshal. 10 Section 35. Personnel. The State Fire Marshal may employ, 11 in conformity with the Personnel Code, such professional, 12 technical, investigative, or clerical help, on either a full 13 or part-time basis, as may be necessary for the enforcement 14 of this Act. Each investigator shall have a minimum of 2 15 years investigative experience out of the preceding 5 years. 16 An investigator may not hold an active license issued 17 pursuant to this Act or have any fiduciary interest in any 18 business licensed under this Act. This prohibition does not, 19 however, prohibit an investigator from holding stock in a 20 publicly traded business licensed or regulated under this 21 Act, provided that the investigator does not hold more than 22 5% of the stock in the business. 23 Section 40. Qualifications for licensure; fees. 24 (a) No person shall engage in practice as a fire 25 equipment distributor or fire equipment employee without 26 first applying for and obtaining a license for that purpose 27 from the Office of the State Fire Marshal. 28 (b) To qualify for a Class A Fire Equipment Distributor 29 License to service, recharge, hydro-test, install, maintain, 30 or inspect all types of fire extinguishers, an applicant must 31 provide all of the following: 32 (1) An annual license fee of $100. SB1248 Enrolled -8- LRB9107205ACtm 1 (2) Evidence of registration as an Illinois 2 corporation or evidence of compliance with the Assumed 3 Business Name Act. 4 (3) Evidence of financial responsibility in a 5 minimum amount of $300,000 through liability insurance, 6 self-insurance, group insurance, group self-insurance, or 7 risk retention groups. 8 (c) To qualify for a Class B Fire Equipment Distributor 9 License to service, recharge, hydro-test, install, maintain, 10 or inspect all types of pre-engineered fire extinguishing 11 systems, an applicant must provide all of the following: 12 (1) An annual license fee of $200. 13 (2) Evidence of registration as an Illinois 14 corporation or evidence of compliance with the Assumed 15 Business Name Act. 16 (3) Evidence of financial responsibility in a 17 minimum amount of $300,000 through liability insurance, 18 self-insurance, group insurance, group self-insurance, or 19 risk retention groups. 20 (4) Evidence of owning, leasing, renting, or having 21 access to proper testing equipment that is in compliance 22 with the national standards adopted by the State Fire 23 Marshal for the maintenance and operation of testing 24 tools for use with all Class B fire equipment. 25 (d) To qualify for a Class C Fire Equipment Distributor 26 License to service, repair, hydro-test, inspect, and engineer 27 all types of engineered fire suppression systems, an 28 applicant must provide all of the following: 29 (1) An annual license fee of $300. 30 (2) Evidence of registration as an Illinois 31 corporation or evidence of compliance with the Assumed 32 Business Name Act. 33 (3) Evidence of financial responsibility in a 34 minimum amount of $300,000 through liability insurance, SB1248 Enrolled -9- LRB9107205ACtm 1 self-insurance, group insurance, group self-insurance, or 2 risk retention groups. 3 (4) Evidence of owning, leasing, renting, or having 4 access to proper testing equipment that is in compliance 5 with the national standards adopted by the State Fire 6 Marshal for the maintenance and operation of testing 7 tools for use with all Class C fire equipment. 8 (e) To qualify for a Class 1 Fire Equipment Employee 9 License to service, recharge, hydro-test, install, maintain, 10 or inspect all types of fire extinguishers, an applicant must 11 complete all of the following: 12 (1) Pass the examination. 13 (2) Pay an annual license fee of $20. 14 (3) Provide a current photograph at least 1" x 1" 15 in size. 16 (f) To qualify for a Class 2 Fire Equipment Employee 17 License to service, recharge, hydro-test, install, maintain, 18 or inspect all types of pre-engineered fire extinguishing 19 systems, an applicant must complete all of the following: 20 (1) Pass the examination. 21 (2) Pay an annual license fee of $20. 22 (3) Provide a current photograph at least 1" x 1" 23 in size. 24 (g) To qualify for a Class 3 Fire Equipment Employee 25 License to service, recharge, hydro-test, maintain, inspect, 26 or engineer all types of engineered fire extinguishing 27 systems, an applicant must complete all of the following: 28 (1) Pass the examination. 29 (2) Pay an annual license fee of $20. 30 (3) Provide a current photograph at least 1" x 1" 31 in size. 32 Section 45. Applications. Each application for a license 33 to practice under this Act shall be in writing and signed by SB1248 Enrolled -10- LRB9107205ACtm 1 the applicant on forms provided by the State Fire Marshal. 2 Section 50. Examinations. 3 (a) Applicants for licensure shall be examined as 4 provided herein if they are qualified to be examined pursuant 5 to this Act. All applicants who are admitted to the 6 examination shall be evaluated upon the same standards as 7 others being examined for the respective license. 8 (b) Examination for licensure shall be at such times and 9 places as the State Fire Marshal may determine, but shall be 10 given at least quarterly. 11 (c) Examinations shall test the minimum amount of 12 knowledge and skill needed to perform the duties set forth in 13 the definition of the license and be in the interest of 14 protection of the public. The State Fire Marshal may 15 contract with a testing service for the preparation and 16 conduct of such examination. 17 (d) If an applicant neglects, fails, or refuses to take 18 an examination under this Act within one year after filing 19 his or her application, the fee paid by the applicant shall 20 be forfeited. However, the applicant may thereafter make a 21 new application for examination, accompanied by the required 22 fee. 23 Section 55. Licensure without examination. The State Fire 24 Marshal shall promulgate rules for licensure without 25 examination and may license under this Act without 26 examination, on payment of the required fee, an applicant who 27 is registered under the laws of another state or territory or 28 of another country, if the requirements for registration in 29 the jurisdiction in which the applicant was licensed were, at 30 the date of his registration, substantially equal to the 31 requirements then in force in this State and that state, 32 territory, or country has similar rules for licensure. SB1248 Enrolled -11- LRB9107205ACtm 1 Section 60. Issuance of license; renewal. 2 (a) The State Fire Marshal shall, upon the applicant's 3 satisfactory completion of the requirements authorized under 4 this Act and upon receipt of the requisite fees, issue the 5 appropriate license and wallet card showing the name and 6 business location of the licensee, the dates of issuance and 7 expiration, and shall contain a photograph of the licensee 8 provided to the State Fire Marshal. 9 (b) Upon application within 90 days after the effective 10 date of this Act, the Office of the State Fire Marshal shall 11 issue a license under this Act without examination to persons 12 holding a valid license under the Fire Equipment Distributor 13 and Employee Regulation Act on December 30, 1999. 14 (c) Each licensee may apply for renewal of his license 15 upon payment of fees, as set forth in this Act. The 16 expiration date and renewal period for each license issued 17 under this Act shall be set by rule. Failure to renew within 18 60 days of the expiration date shall lapse the license. A 19 lapsed license may not be reinstated until a written 20 application is filed, the renewal fee is paid, and a $50 21 reinstatement fee is paid. Renewal and reinstatement fees 22 shall be waived for persons who did not renew while on active 23 duty in the military and who file for renewal or restoration 24 within one year after discharge from such service. A lapsed 25 license may not be reinstated after 5 years have elapsed, 26 except upon passing an examination to determine fitness to 27 have the license restored and by paying the required fees. 28 (d) As a condition of renewal of a license, the State 29 Fire Marshal may require the licensee to report information 30 pertaining to his practice which the State Fire Marshal 31 determines to be in the interest of public safety. 32 (e) All fees paid pursuant to this Act are 33 non-refundable. SB1248 Enrolled -12- LRB9107205ACtm 1 Section 65. Returned checks. Any person who on 2 2 occasions issues or delivers a check or other order to the 3 State Fire Marshal that is not honored by the financial 4 institution upon which it is drawn because of insufficient 5 funds on account shall pay to the State Fire Marshal, in 6 addition to the amount owing upon the check or other order, a 7 fee of $50. If the check or other order was issued or 8 delivered in payment of a renewal fee and the licensee whose 9 license has lapsed continues to practice without paying the 10 renewal fee and the $50 fee required under this Section, an 11 additional fee of $100 shall be imposed for practicing 12 without a current license. The State Fire Marshal shall 13 notify the licensee whose license has lapsed, within 30 days 14 after the discovery by the State Fire Marshal that the 15 licensee is practicing without a current license, that the 16 individual, person, or distributor is acting as a fire 17 equipment distributor or employee, as the case may be, 18 without a license, and the amount due to the State Fire 19 Marshal, which shall include the lapsed renewal fee and all 20 other fees required by this Section. If after the expiration 21 of 30 days from the date of such notification, the licensee 22 whose license has lapsed seeks a current license, he shall 23 thereafter apply to the State Fire Marshal for reinstatement 24 of the license and pay all fees due to the State Fire 25 Marshal. The State Fire Marshal may establish a fee for the 26 processing of an application for reinstatement of a license 27 that allows the State Fire Marshal to pay all costs and 28 expenses incident to the processing of this application. The 29 State Fire Marshal may waive the fees due under this Section 30 in individual cases where he finds that the fees would be 31 unreasonable or unnecessarily burdensome. 32 Section 70. Change of address; display of license; 33 duplicate license or certificate. SB1248 Enrolled -13- LRB9107205ACtm 1 (a) A licensee shall report a change in home or office 2 address within 10 days of when it occurs. 3 (b) Each licensee shall prominently display his license 4 to practice at each place from which the practice is being 5 performed. If more than one location is used, branch office 6 certificates shall be issued upon payment of the fees to be 7 established by the State Fire Marshal. Each fire equipment 8 employee shall carry on his person a wallet card issued by 9 the State Fire Marshal. 10 (c) If a license or certificate is lost, a duplicate 11 shall be issued upon payment of the required fee to be 12 established by the State Fire Marshal. If a licensee wishes 13 to change his name, the State Fire Marshal shall issue a 14 license in the new name upon satisfactory proof that such 15 change was done in accordance with law and upon payment of 16 the required fee. 17 (d) Each licensee shall permit his facilities to be 18 inspected by representatives of the State Fire Marshal. 19 Section 75. Grounds for disciplinary sanctions. Licensees 20 subject to this Act shall conduct their practice in 21 accordance with this Act and with any rules promulgated 22 pursuant hereto. Licensees shall be subject to the exercise 23 of the disciplinary sanctions enumerated in Section 90 if the 24 State Fire Marshal finds that a licensee is guilty of any of 25 the following: 26 (1) fraud or material deception in obtaining or renewing 27 of a license; 28 (2) professional incompetence as manifested by poor 29 standards of service; 30 (3) engaging in dishonorable, unethical, or 31 unprofessional conduct of a character likely to deceive, 32 defraud, or harm the public in the course of professional 33 services or activities; SB1248 Enrolled -14- LRB9107205ACtm 1 (4) conviction of any crime by a licensee which has a 2 substantial relationship to his practice or an essential 3 element of which is misstatement, fraud, or dishonesty, or 4 conviction in this or another state of any crime that is a 5 felony under the laws of Illinois or conviction of a felony 6 in a federal court, unless the person demonstrates that he or 7 she has been sufficiently rehabilitated to warrant the public 8 trust; 9 (5) performing any services in a grossly negligent 10 manner or permitting any of his or her licensed employees to 11 perform services in a grossly negligent manner, regardless of 12 whether actual damage or damages to the public is 13 established; 14 (6) habitual drunkenness or habitual addiction to the 15 use of morphine, cocaine, controlled substances, or other 16 habit-forming drugs; 17 (7) directly or indirectly willfully receiving 18 compensation for any professional services not actually 19 rendered; 20 (8) having disciplinary action taken against his or her 21 license in another state; 22 (9) making differential treatment against any person to 23 his detriment because of race, color, creed, sex, religion, 24 or national origin; 25 (10) engaging in unprofessional conduct; 26 (11) engaging in false or misleading advertising; 27 (12) contracting or assisting unlicensed persons to 28 perform services for which a license is required under this 29 Act; 30 (13) permitting the use of his or her license to enable 31 any unlicensed person or agency to operate as a licensee; 32 (14) performing and charging for services without having 33 authorization to do so from the member of the public being 34 served; SB1248 Enrolled -15- LRB9107205ACtm 1 (15) failure to comply with any provision of this Act or 2 the rules promulgated pursuant thereto; 3 (16) conducting business regulated by this Act without a 4 currently valid license. 5 Section 80. Complaints. All complaints concerning 6 violations regarding licensees or unlicensed activity shall 7 be received and logged by the State Fire Marshal and reported 8 to the Board. 9 Section 85. Formal charges. 10 (a) Following the investigative process, the State Fire 11 Marshal may file formal charges against the licensee. The 12 formal charges shall, at a minimum, inform the licensee of 13 the facts that make up the basis of the charge and that are 14 specific enough to enable the licensee to defend himself. 15 (b) Each licensee whose conduct is the subject of a 16 formal charge that seeks to impose disciplinary action 17 against the licensee shall be served notice of said formal 18 charge at least 30 days before the date of the hearing, which 19 shall be presided over by a hearing officer authorized by the 20 State Fire Marshal. Service shall be considered to have been 21 given if the notice was personally received by the licensee 22 or if the notice was sent by certified mail, return receipt 23 requested to the licensee at the licensee's last known 24 address, as listed with the State Fire Marshal. 25 (c) The notice of formal charges shall consist at a 26 minimum of the following information: 27 (1) the time, place, and date of the hearing; 28 (2) that the licensee shall appear personally at 29 the hearing and may be represented by counsel; 30 (3) that the licensee shall have the right to 31 produce witnesses and evidence in his behalf and shall 32 have the right to cross-examine witnesses and refute SB1248 Enrolled -16- LRB9107205ACtm 1 evidence produced against him or her; 2 (4) that the hearing could result in disciplinary 3 action being taken against his or her license; 4 (5) that rules for the conduct of these hearings 5 exist and it may be in the licensee's best interest to 6 obtain a copy; 7 (6) that a hearing officer authorized by the State 8 Fire Marshal shall preside at the hearing and following 9 the conclusion of said hearing shall make findings of 10 fact, conclusions of law, and recommendations, separately 11 stated, to the State Fire Marshal as to what disciplinary 12 action, if any, should be imposed on the licensee; and 13 (7) that the State Fire Marshal may continue such 14 hearing. 15 (d) The hearing officer authorized by the State Fire 16 Marshal shall hear evidence produced in support of the formal 17 charges and contrary evidence produced by the licensee, if 18 any. At the conclusion of the hearing, the hearing officer 19 shall make findings of fact, conclusions of law, and 20 recommendations, separately stated, and submit them to the 21 State Fire Marshal and to all parties to the proceeding. 22 Submission to the licensee shall be considered as having been 23 made if done in a similar fashion as service of the notice of 24 formal charges. Within 20 days after such service, any party 25 to the proceeding may present to the State Fire Marshal a 26 motion, in writing, for a rehearing which written motion 27 shall specify the particular grounds therefor. 28 (e) The State Fire Marshal, following the time allowed 29 for filing a motion for rehearing, shall review the hearing 30 officer's findings of fact, conclusions of law, and 31 recommendations, and any motions filed subsequent thereto. 32 After review of such information the State Fire Marshal may 33 hear oral arguments and thereafter shall issue an order. The 34 report of findings of fact, conclusions of law, and SB1248 Enrolled -17- LRB9107205ACtm 1 recommendations of the hearing officer shall be the basis for 2 the State Fire Marshal's order. If the State Fire Marshal 3 finds that substantial justice was not done, he may issue an 4 order in contravention of the findings of fact, conclusions 5 of law, and recommendations of the hearing officer. The 6 State Fire Marshal shall provide the Board with written 7 explanation of any such deviation, and shall specify with 8 particularity the reasons for said action. The finding is 9 not admissible in evidence against the person in criminal 10 prosecution brought for the violation of this Act. 11 (f) All proceedings pursuant to this Section are matters 12 of public record and shall be preserved. 13 Section 90. Disciplinary sanctions; hearings. 14 (a) The State Fire Marshal shall impose any of the 15 following sanctions, singly or in combination, when he or she 16 finds that a licensee is guilty of any offense described in 17 subsection (a) of Section 75: 18 (1) revocation; 19 (2) suspension for any period of time; 20 (3) reprimand or censure; 21 (4) placement on probationary status and the 22 requirement of the submission of any of the following: 23 (i) report regularly to the Board or State 24 Fire Marshal upon matters that are the basis of the 25 probation; 26 (ii) continuation or renewal of professional 27 education until a satisfactory degree of skill has 28 been attained in those areas that are the basis of 29 the probation; or 30 (iii) such other reasonable requirements or 31 restrictions as are proper. 32 (5) refusal to issue, renew or restore; 33 (6) revocation of probation that has been granted SB1248 Enrolled -18- LRB9107205ACtm 1 and imposition of any other discipline in this subsection 2 (a) when the requirements of probation have not been 3 fulfilled or have been violated. 4 (b) The State Fire Marshal may summarily suspend a 5 license under this Act, without a hearing, simultaneously 6 with the filing of a formal complaint and notice for a 7 hearing provided under this Section if the State Fire Marshal 8 finds that the continued operations of the individual would 9 constitute an immediate danger to the public. In the event 10 the State Fire Marshal suspends a license under this 11 subsection, a hearing by the hearing officer designated by 12 the State Fire Marshal shall begin within 20 days after such 13 suspension begins, unless continued at the request of the 14 licensee. 15 (c) Disposition may be made of any formal complaint by 16 consent order between the State Fire Marshal and the 17 licensee, but the Board must be apprised of the full consent 18 order in a timely way. 19 (d) The State Fire Marshal shall reinstate any license 20 to good standing under this Act, upon recommendation to the 21 State Fire Marshal, after a hearing before the hearing 22 officer authorized by the State Fire Marshal. The State Fire 23 Marshal shall be satisfied that the applicant's renewed 24 practice is not contrary to the public interest. 25 (e) The State Fire Marshal may order a licensee to 26 submit to a reasonable physical examination if his physical 27 capacity to practice safely is at issue in a disciplinary 28 proceeding. Failure to comply with a State Fire Marshal order 29 to submit to a physical examination shall render a licensee 30 liable to the summary suspension procedures described in this 31 Section. 32 (f) The State Fire Marshal may conduct hearings and 33 issue cease and desist orders to persons who engage in 34 activities prohibited by this Act without having a valid SB1248 Enrolled -19- LRB9107205ACtm 1 license, certificate, or registration. Any person in 2 violation of a cease and desist order entered by the State 3 Fire Marshal shall be subject to all of the remedies provided 4 by law, and in addition, shall be subject to a civil penalty 5 payable to the party injured by the violation. 6 (g) The State Fire Marshal shall seek to achieve 7 consistency in the application of the foregoing sanctions and 8 consent orders and significant departure from prior decisions 9 involving similar conduct shall be explained in the State 10 Fire Marshal's orders. 11 Section 95. Witnesses; record of proceedings. 12 (a) The State Fire Marshal has the power to subpoena and 13 bring before it any person in this State and to take 14 testimony either orally or by deposition, or both, with the 15 same fees and mileage and in the same manner as is prescribed 16 by law for judicial proceedings in civil cases. The State 17 Fire Marshal and the hearing officer approved by the State 18 Fire Marshal have the power to administer oaths at any 19 hearing which the State Fire Marshal is authorized to 20 conduct. 21 (b) Any circuit court, upon the application of the 22 licensee or the State Fire Marshal, may order the attendance 23 of witnesses and the production of relevant books and papers 24 in any hearing pursuant to this Act. The court may compel 25 obedience to its order by proceedings for contempt. 26 (c) The State Fire Marshal, at its expense, shall 27 provide a stenographer or a mechanical recording device to 28 record the testimony and preserve a record of all proceedings 29 at the hearing of any case wherein a license may be revoked, 30 suspended, placed on probationary status, or other 31 disciplinary action taken with regard thereto. The notice of 32 hearing, complaint and all other documents in the nature of 33 pleadings and written motions filed in the proceedings, the SB1248 Enrolled -20- LRB9107205ACtm 1 transcript of testimony, the report of the hearing officer, 2 and the orders of the State Fire Marshal constitute the 3 record of such proceedings. The State Fire Marshal shall 4 furnish a transcript of the record to any interested person 5 upon payment of the costs of copying and transmitting the 6 record. 7 Section 100. Judicial review. All final administrative 8 decisions of the State Fire Marshal are subject to judicial 9 review pursuant to the provisions of the Administrative 10 Review Law and the rules adopted pursuant thereto. Such 11 proceedings for judicial review shall be commenced in the 12 Circuit Court of the county in which the party applying for 13 review resides. If the party applying for review is not a 14 resident of Illinois, the venue shall be in Sangamon County. 15 The State Fire Marshal shall not be required to certify any 16 record to the court or file any answer in court or otherwise 17 appear in any court in a judicial review proceeding, unless 18 there is filed in the court with the complaint a receipt from 19 the State Fire Marshal acknowledging payment of the costs of 20 furnishing and certifying the record which costs shall be 21 computed at the cost of preparing such record. Exhibits 22 shall be certified without cost. Failure on the part of the 23 licensee to file the receipt in court shall be grounds for 24 dismissal of the action. During all judicial proceedings 25 incident to the disciplinary action, the sanctions imposed 26 upon the accused by the State Fire Marshal shall remain in 27 effect, unless the court feels justice requires a stay of the 28 order. 29 Section 105. Order; prima facie proof. An order of 30 revocation, suspension, placing the license on probationary 31 status or other formal disciplinary action as the State Fire 32 Marshal may deem proper, or a certified copy thereof, over SB1248 Enrolled -21- LRB9107205ACtm 1 the seal of the State Fire Marshal and purporting to be 2 signed by the State Fire Marshal, is prima facie proof that: 3 (1) the signature is that of the State Fire Marshal; 4 (2) the State Fire Marshal is qualified to act; and 5 (3) the hearing officer is qualified to act on behalf of 6 the State Fire Marshal. 7 Such proof may be rebutted. 8 Section 110. Surrender of license. Upon the suspension or 9 revocation of a license issued under this Act, a licensee 10 shall surrender the license to the State Fire Marshal and, 11 upon failure to do so, the State Fire Marshal shall seize the 12 same. 13 Section 115. Publication of records. The State Fire 14 Marshal shall, upon request, publish a list of the names and 15 addresses of all licensees under the provisions of this Act. 16 The State Fire Marshal shall publish a list of all persons 17 whose licenses have been disciplined within one year, and a 18 quarterly list of each individual who was denied employment 19 status because of a criminal history, together with such 20 other information as it may deem of interest to the public. 21 Section 120. Criminal penalties. 22 (a) Any person who violates any of the following 23 provisions shall be guilty of a Class A misdemeanor for the 24 first offense: 25 (1) the practice of or attempted practice as a fire 26 equipment distributor or employee without a license; 27 (2) the obtaining of or the attempting to obtain a 28 license, practice, or business or any other thing of 29 value by fraudulent representation; 30 (3) permitting, directing, or authorizing any 31 person in one's employ or under one's direction or SB1248 Enrolled -22- LRB9107205ACtm 1 supervision to work or serve as a licensee if that 2 individual does not possess an appropriate valid license. 3 (b) Whenever any person is punished as a repeat offender 4 under this Section, the State Fire Marshal may proceed to 5 obtain a permanent injunction against the person under 6 Section 10. 7 (c) If any person in making an oath or affidavit 8 required by this Act swears falsely, that person is guilty of 9 perjury and upon conviction thereof, may be punished 10 accordingly. 11 (d) A person who violates any Section of this Act other 12 than this Section shall be guilty of a Class A misdemeanor 13 for the first offense. 14 A second or subsequent offense in violation of any 15 Section of this Act, including this Section, is a Class 4 16 felony. 17 Section 950. The Regulatory Sunset Act is amended by 18 adding Section 4.21 as follows: 19 (5 ILCS 80/4.21 new) 20 Sec. 4.21. Act repealed on January 1, 2011. The 21 following Act is repealed on January 1, 2011: 22 The Fire Equipment Distributor and Employee Regulation 23 Act of 2000. 24 Section 999. Effective date. This Act takes effect upon 25 becoming law.