State of Illinois
92nd General Assembly
Legislation

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92_HB2565

 
                                               LRB9201498LBgc

 1        AN ACT concerning professional wrestling.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Professional Boxing and Wrestling Act  is
 5    amended  by  changing the title of the Act and Sections 0.05,
 6    1, 2, 5, 7, 10, 11, 16, 17.7, 17.8, 17.9, 18, 19, 19.1, 19.3,
 7    19.4, 23, and 23.1 as follows:

 8        (225 ILCS 105/Act title)
 9        An Act in relation to boxing and  wrestling,  creating  a
10    board, prescribing its powers and duties, providing penalties
11    for  violation of the provisions thereof, and to amend an Act
12    herein named.

13        (225 ILCS 105/0.05)
14        Sec. 0.05.  Declaration of  public  policy.  Professional
15    boxing  and  wrestling  in  the  State  of Illinois is hereby
16    declared to affect the public health, safety, and welfare and
17    to be  subject  to  regulation  and  control  in  the  public
18    interest.  It  is  further  declared to be a matter of public
19    interest and concern that boxing and wrestling, as defined in
20    this Act, merit and receive the confidence of the public  and
21    that  only  qualified persons be authorized to participate in
22    boxing contests and wrestling exhibitions  in  the  State  of
23    Illinois. This Act shall be liberally construed to best carry
24    out these objects and purposes.
25    (Source: P.A. 91-408, eff. 1-1-00.)

26        (225 ILCS 105/1) (from Ch. 111, par. 5001)
27        Sec. 1. Short title and definitions.
28        (a)  This Act may be cited as the Professional Boxing and
29    Wrestling Act.
 
                            -2-                LRB9201498LBgc
 1        (b)  As used in this Act:
 2             1.  "Department"    means    the    Department    of
 3        Professional Regulation.
 4             2.  "Director"  means  the  Director of Professional
 5        Regulation.
 6             3.  "Board" means the  State  Boxing  and  Wrestling
 7        Board appointed by the Director.
 8             4.  "License"  means  the  license issued for boxing
 9        promoters, contestants, or officials in  accordance  with
10        this Act.
11             5.  (Blank).  "Registration"  means the registration
12        issued to wrestling promoters  in  accordance  with  this
13        Act.
14             6.  "Boxing  Contests"  include  professional boxing
15        matches and exhibitions.
16             7.  (Blank).   "Wrestling    Exhibitions"    include
17        professional  wrestling  contests,  matches,  events, and
18        shows.
19             8.  "Athletic    Events"    means    include    both
20        professional boxing contests and  professional  wrestling
21        exhibitions.
22             9.  "Permit"   means   the  authorization  from  the
23        Department to a promoter to conduct  professional  boxing
24        contests or professional wrestling exhibitions.
25             10.  "Promoter"  means  a  person who is licensed or
26        registered and who holds a permit to conduct professional
27        boxing matches or professional wrestling exhibitions.
28             11.  Unless   the   context   indicates   otherwise,
29        "person"   includes    an    association,    partnership,
30        corporation, gymnasium, or club.
31             12.  For the purposes of this Act the term "trainer"
32        includes  what  is  commonly  referred  to  as  "second",
33        "corner man", or "coach".
34             13.  "Ultimate  fighting exhibition" has the meaning
 
                            -3-                LRB9201498LBgc
 1        given by rule adopted by  the  Department  in  accordance
 2        with Section 7.5.
 3             14.  "Professional boxer" means a person licensed by
 4        the  Department who competes for a money prize, purse, or
 5        other  type  of  compensation  in   a   boxing   contest,
 6        exhibition, or match held in Illinois.
 7             15.  "Judge"   means   a   person  licensed  by  the
 8        Department who is at ringside during a boxing  match  and
 9        who  has the responsibility of scoring the performance of
10        the participants in the contest.
11             16.  "Referee"  means  a  person  licensed  by   the
12        Department  who  has  the general supervision of a boxing
13        contest and is present inside  of  the  ring  during  the
14        contest.
15             17.  "Amateur" means a person who has never received
16        or  competed  for  any  purse  or other article of value,
17        either for participating in any boxing contest or for the
18        expenses of training therefor, other than  a  prize  that
19        does not exceed $50 in value.
20             18.    "Contestant"    means   an   individual   who
21        participates in a boxing contest or wrestling exhibition.
22             19.   "Second"  means  a  person  licensed  by   the
23        Department  who  is  present  at  any  boxing  contest to
24        provide assistance  or  advice  to  a  boxer  during  the
25        contest.
26             20.  "Matchmaker"  means  a  person  licensed by the
27        Department who brings  together  professional  boxers  or
28        procures matches for professional boxers.
29             21.   "Manager"  means  a  person  licensed  by  the
30        Department who is not a promoter and who, under contract,
31        agreement,  or  other   arrangement   with   any   boxer,
32        undertakes   to,   directly  or  indirectly,  control  or
33        administer the boxing affairs of boxers.
34             22. "Timekeeper" means  a  person  licensed  by  the
 
                            -4-                LRB9201498LBgc
 1        Department  who  is  the  official timer of the length of
 2        rounds and the intervals between the rounds.
 3             23. "Purse" means the  financial  guarantee  or  any
 4        other    remuneration    for    which   contestants   are
 5        participating in a boxing contest.
 6             24.  "Physician" means a person licensed to practice
 7        medicine in all its branches under the  Medical  Practice
 8        Act of 1987.
 9    (Source: P.A. 91-408, eff. 1-1-00.)

10        (225 ILCS 105/2) (from Ch. 111, par. 5002)
11        Sec.  2.  State  Boxing  and  Wrestling  Board.  There is
12    created the State Boxing and Wrestling Board consisting of  6
13    persons  who  shall  be  appointed  by  and shall serve in an
14    advisory capacity to the Director.  One shall be a  physician
15    licensed  to  practice  medicine  in all of its branches. The
16    Director shall appoint each member to serve for a term  of  3
17    years  and  until  his  or  her  successor  is  appointed and
18    qualified.  One member of the board shall  be  designated  as
19    the  Chairperson  and  one  member shall be designated as the
20    Vice-chairperson. No member shall be appointed to  the  Board
21    for  a  term  which would cause continuous service to be more
22    than 9 years. Service prior to January 1, 2000 the  effective
23    date  of  this  amendatory  Act  of the 91st General Assembly
24    shall not be considered in calculating length of  service  on
25    the   Board.   Each   member   of  the  board  shall  receive
26    compensation for each day he or she is engaged in transacting
27    the  business  of  the  board  and,  in  addition,  shall  be
28    reimbursed for his or her authorized  and  approved  expenses
29    necessarily   incurred   in   relation  to  such  service  in
30    accordance with the  travel  regulations  applicable  to  the
31    Department at the time the expenses are incurred.
32        A   majority  of  the  current  members  appointed  shall
33    constitute a quorum.
 
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 1        The members of the Board shall be immune from suit in any
 2    action based upon any disciplinary proceedings or other  acts
 3    performed in good faith as members of the Board.
 4        The  Director  may  remove  any  member  of the Board for
 5    misconduct, incapacity, or  neglect  of  duty.  The  Director
 6    shall reduce to writing any causes for removal.
 7    (Source: P.A. 91-408, eff. 1-1-00.)

 8        (225 ILCS 105/5) (from Ch. 111, par. 5005)
 9        Sec.  5.   The  Department shall exercise, but subject to
10    the provisions of this Act, the following functions,  powers,
11    and  duties:  (a) to ascertain the qualifications and fitness
12    of applicants for licenses, registrations and permits; (b) to
13    prescribe rules and regulations for the administration of the
14    Act; (c) to conduct hearings  on  proceedings  to  refuse  to
15    issue,  refuse  to  renew,  revoke,  suspend,  or  subject to
16    reprimand licenses, registrations or permits under this Act;,
17    and (d) to revoke, suspend, or refuse issuance or renewal  of
18    such licenses, registrations or permits.
19    (Source: P.A. 82-522.)

20        (225 ILCS 105/7) (from Ch. 111, par. 5007)
21        Sec.  7.  In order to conduct a boxing match or wrestling
22    exhibition in this State, a promoter shall  obtain  a  permit
23    issued  by the Department in accordance with this Act and the
24    rules and regulations adopted pursuant thereto.  This  permit
25    shall  authorize  one  or  more  contests  or exhibitions.  A
26    permit issued under this Act is not transferable.
27    (Source: P.A. 82-522.)

28        (225 ILCS 105/10) (from Ch. 111, par. 5010)
29        Sec. 10.  Who must be licensed.  In order to  participate
30    in  boxing  contests  the  following  persons  must  each  be
31    licensed  and  in  good  standing  with  the  Department: (a)
 
                            -6-                LRB9201498LBgc
 1    promoters, (b) contestants, (c) seconds,  (d)  referees,  (e)
 2    judges, (f) managers, (g) matchmakers, and (h) timekeepers.
 3        Announcers  may  participate  in  boxing contests without
 4    being  licensed  under   this   Act.    It   shall   be   the
 5    responsibility  of  the  promoter  to  ensure that announcers
 6    comply  with  the  Act,  and  all   rules   and   regulations
 7    promulgated pursuant to this Act.
 8        A  licensed  promoter  may  not  act  as,  and  cannot be
 9    licensed as, a second, boxer, referee, timekeeper, judge,  or
10    manager.  If  he  or  she  is  so  licensed,  he  or she must
11    relinquish any  of  these  licenses  to  the  Department  for
12    cancellation. A promoter may be licensed as a matchmaker.
13        Persons  involved with wrestling exhibitions shall supply
14    the Department with their name,  address,  telephone  number,
15    and  social security number and shall meet other requirements
16    as established by rule.
17    (Source: P.A. 91-408, eff. 1-1-00.)

18        (225 ILCS 105/11) (from Ch. 111, par. 5011)
19        Sec. 11.  Qualifications  for  license.   The  Department
20    shall  grant licenses to or register the following persons if
21    the following qualifications are met:
22        (A)  An applicant for licensure  as  a  contestant  in  a
23    boxing  match must: (1) be 18 years old, (2) be of good moral
24    character, (3) file an application  stating  the  applicant's
25    correct  name (and no assumed or ring name may be used unless
26    such name is registered with the Department  along  with  the
27    applicant's  correct name), date and place of birth, place of
28    current residence, and a  sworn  statement  that  he  is  not
29    currently in violation of any federal, State or local laws or
30    rules governing boxing, (4) file a certificate of a physician
31    licensed  to  practice  medicine in all of its branches which
32    attests that the applicant is physically fit and qualified to
33    participate in boxing matches, and (5) pay the  required  fee
 
                            -7-                LRB9201498LBgc
 1    and  meet  any other requirements. Applicants over age 39 who
 2    have not competed in a contest within the last 36 months  may
 3    be  required  to  appear  before the Board to determine their
 4    fitness to participate in a contest. A picture identification
 5    shall be issued to all boxers licensed by the Department. The
 6    identification shall be presented to the  Department  or  its
 7    representative upon request at weigh-ins or contests.
 8        (B)  An  applicant  for  licensure  as  a boxing referee,
 9    judge, manager, second, matchmaker, or timekeeper  must:  (1)
10    be  of  good moral character, (2) file an application stating
11    the applicant's name, date and place of birth, and  place  of
12    current  residence  along with a certifying statement that he
13    is not currently in violation of any federal, State, or local
14    laws or rules governing boxing,  (3)  have  had  satisfactory
15    experience  in  his  field, (4) pay the required fee, and (5)
16    meet any other requirements as determined by rule.
17        (C) An applicant for licensure as a boxing promoter must:
18    (1) be of good moral character, (2) file an application  with
19    the  Department  stating the applicant's name, date and place
20    of birth, place of current residence along with a  certifying
21    statement  that  he  is  not  currently  in  violation of any
22    federal, State, or local laws or rules governing boxing,  (3)
23    provide  proof  of  a  surety  bond of no less than $5,000 to
24    cover financial obligations pursuant to this Act, payable  to
25    the  Department  and  conditioned  for the payment of the tax
26    imposed by this Act and compliance  with  this  Act  and  the
27    rules  promulgated  pursuant  to  this  Act,  (4)  provide  a
28    financial   statement,   prepared   by   a  certified  public
29    accountant, showing liquid  working  capital  of  $10,000  or
30    more,  or  a $10,000 performance bond guaranteeing payment of
31    all obligations relating to the promotional  activities,  and
32    (5) pay the required fee and meet any other requirements.
33        (D)   An   applicant  for  registration  as  a  wrestling
34    promoter must: (1) be of good moral character,  (2)  file  an
 
                            -8-                LRB9201498LBgc
 1    application with the Department stating the applicant's name,
 2    date and place of birth, and place of current residence along
 3    with  a  certifying  statement  that  he  is not currently in
 4    violation of any federal,  State,  or  local  laws  or  rules
 5    governing  wrestling,  (3)  provide  a surety bond of no less
 6    than $10,000 to cover financial obligations pursuant to  this
 7    Act,  payable  to  the  Department  and  conditioned  for the
 8    payment of the tax imposed by this Act  and  compliance  with
 9    this  Act and the rules promulgated pursuant to this Act, (4)
10    provide a financial statement, prepared by a certified public
11    accountant, showing liquid  working  capital  of  $10,000  or
12    more,  or  a $10,000 performance bond guaranteeing payment of
13    all obligations relating to the promotional  activities,  and
14    (5) pay the required fee and meet any other requirements.
15        In  determining  good moral character, the Department may
16    take  into  consideration  any  violation  of  any   of   the
17    provisions   of  Section  16  of  this  Act  and  any  felony
18    conviction of the applicant, but such a conviction shall  not
19    operate  as  a bar to licensure. No license issued under this
20    Act is transferable.
21        The  Department  may   issue   temporary   licenses   and
22    registrations as provided by rule.
23    (Source: P.A. 90-655, eff. 7-30-98; 91-408, eff. 1-1-00.)

24        (225 ILCS 105/16) (from Ch. 111, par. 5016)
25        Sec. 16. Discipline and sanctions.
26        (a)  The   Department  may  refuse  to  issue  a  permit,
27    registration, or license, refuse to renew,  suspend,  revoke,
28    reprimand,   place   on   probation,   or   take  such  other
29    disciplinary  action  as  the  Department  may  deem  proper,
30    including the imposition of fines not to  exceed  $5,000  for
31    each  violation,  with  regard to any license or registration
32    for any one or any combination of the following reasons:
33             (1)  gambling, betting or wagering on the result  of
 
                            -9-                LRB9201498LBgc
 1        or  a  contingency  connected  with  an athletic event or
 2        permitting such activity to take place;
 3             (2)  participating in or permitting a sham  or  fake
 4        boxing contest;
 5             (3)  holding the athletic event at any other time or
 6        place than is stated on the permit application;
 7             (4)  permitting  any  contestant  other  than  those
 8        stated  on  the  permit  application to participate in an
 9        athletic event, except as provided in Section 9;
10             (5)  violation or aiding in the violation of any  of
11        the  provisions  of  this Act or any rules or regulations
12        promulgated thereto;
13             (6)  violation of any federal, State or  local  laws
14        of  the  United  States  or  other jurisdiction governing
15        athletic events or any  regulation  promulgated  pursuant
16        thereto;
17             (7)  charging  a  greater rate or rates of admission
18        than is specified on the permit application;
19             (8)  failure to obtain all  the  necessary  permits,
20        registrations, or licenses as required under this Act;
21             (9)  failure  to  file  the necessary bond or to pay
22        the gross receipts tax as required by this Act;
23             (10)  engaging   in   dishonorable,   unethical   or
24        unprofessional conduct of a character likely to  deceive,
25        defraud  or  harm  the public, or which is detrimental to
26        honestly conducted athletic events;
27             (11)  employment of fraud, deception or any unlawful
28        means in applying for or securing a permit  or,  license,
29        or registration under this Act;
30             (12)  permitting  a  physician  making  the physical
31        examination to knowingly certify falsely to the  physical
32        condition of a contestant;
33             (13)  permitting  contestants  of  widely  disparate
34        weights or abilities to engage in athletic events;
 
                            -10-               LRB9201498LBgc
 1             (14)  boxing  while under medical suspension in this
 2        State or in any other state, territory or country;
 3             (15)  physical illness, including, but  not  limited
 4        to,  deterioration  through the aging process, or loss of
 5        motor  skills  which  results   in   the   inability   to
 6        participate  in athletic events with reasonable judgment,
 7        skill, or safety;
 8             (16)  allowing  one's   license   or,   permit,   or
 9        registration  issued under this Act to be used by another
10        person;
11             (17)  failing, within a reasonable time, to  provide
12        any  information  requested by the Department as a result
13        of a formal or informal complaint;
14             (18)  professional incompetence;
15             (19)  failure to file a return, or to pay  the  tax,
16        penalty  or  interest  shown in a filed return, or to pay
17        any final assessment of  tax,  penalty  or  interest,  as
18        required  by  any  tax  Act  administered by the Illinois
19        Department  of  Revenue,   until   such   time   as   the
20        requirements of any such tax Act are satisfied;
21             (20)  holding  or  promoting  an  ultimate  fighting
22        exhibition,  or  participating  in  an  ultimate fighting
23        exhibition as a  promoter,  contestant,  referee,  judge,
24        scorer, manager, trainer, announcer, or timekeeper;
25             (21)  habitual  or  excessive  use  or  addiction to
26        alcohol, narcotics, stimulants,  or  any  other  chemical
27        agent or drug that results in an inability to participate
28        in an event; or
29             (22)  failure  to  stop a contest or exhibition when
30        requested to do so by the Department.
31        (b)  The determination by a circuit court that a licensee
32    is subject to involuntary admission or judicial admission  as
33    provided  in the Mental Health and Developmental Disabilities
34    Code operates as an automatic suspension. The suspension will
 
                            -11-               LRB9201498LBgc
 1    end only upon a finding by a court that the  licensee  is  no
 2    longer   subject   to   involuntary   admission  or  judicial
 3    admission, issuance of an order so  finding  and  discharging
 4    the licensee, and upon the recommendation of the Board to the
 5    Director  that  the  licensee be allowed to resume his or her
 6    practice.
 7        (c)  In enforcing this Section, the Board, upon a showing
 8    of a possible violation, may compel any  individual  licensed
 9    or  registered to practice under this Act, or who has applied
10    for licensure or registration pursuant to this Act, to submit
11    to a mental or physical examination, or both, as required  by
12    and   at   the  expense  of  the  Department.  The  examining
13    physicians  or  clinical   psychologists   shall   be   those
14    specifically  designated  by  the  Board.  The  Board  or the
15    Department may order  the  examining  physician  or  clinical
16    psychologist  to  present testimony concerning this mental or
17    physical  examination  of  the   licensee,   registrant,   or
18    applicant.  No information shall be excluded by reason of any
19    common law or statutory privilege relating to  communications
20    between  the  licensee,  registrant,  or  applicant  and  the
21    examining    physician    or   clinical   psychologist.   Eye
22    examinations may be provided  by  a  licensed  and  certified
23    therapeutic  optometrist.  The  individual to be examined may
24    have, at his or her own expense, another physician of his  or
25    her  choice  present  during  all aspects of the examination.
26    Failure of any individual to submit to a mental  or  physical
27    examination,  when  directed, shall be grounds for suspension
28    of a license until such time as the individual submits to the
29    examination if the Board finds,  after  notice  and  hearing,
30    that  the  refusal  to  submit to the examination was without
31    reasonable cause.
32        (d)  If the Board finds an individual unable to  practice
33    because  of  the reasons set forth in this Section, the Board
34    shall require the individual to submit to  care,  counseling,
 
                            -12-               LRB9201498LBgc
 1    or treatment by physicians or clinical psychologists approved
 2    or  designated  by  the  Board,  as  a  condition,  term,  or
 3    restriction  for  continued, reinstated, or renewed licensure
 4    or  registration,  or  in  lieu  of  care,   counseling,   or
 5    treatment,  the Board may recommend to the Department to file
 6    a complaint to  immediately  suspend,  revoke,  or  otherwise
 7    discipline the license or registration of the individual. Any
 8    individual whose license or registration was granted pursuant
 9    to  this Act, or continued, reinstated, renewed, disciplined,
10    or  supervised,  subject  to  such  conditions,   terms,   or
11    restrictions,  who shall fail to comply with such conditions,
12    terms, or restrictions, shall be referred to the Director for
13    a determination as to whether the individual shall  have  his
14    or her license or registration suspended immediately, pending
15    a hearing by the Board.
16    (Source: P.A. 91-408, eff. 1-1-00.)

17        (225 ILCS 105/17.7)
18        Sec. 17.7. Restoration of suspended or revoked license or
19    registration.  At any time after the suspension or revocation
20    of a license, the Department may restore it to  the  licensee
21    or  registrant  upon the written recommendation of the Board,
22    unless  after  an  investigation  and  a  hearing  the  Board
23    determines that restoration is not in the public interest.
24    (Source: P.A. 91-408, eff. 1-1-00.)

25        (225 ILCS 105/17.8)
26        Sec. 17.8. Surrender of license  or  registration.   Upon
27    the  revocation  or  suspension of a license or registration,
28    the licensee or registrant shall immediately surrender his or
29    her  license  or  registration  to  the  Department.  If  the
30    licensee or registrant fails to do so, the Department has the
31    right to seize the license or registration.
32    (Source: P.A. 91-408, eff. 1-1-00.)
 
                            -13-               LRB9201498LBgc
 1        (225 ILCS 105/17.9)
 2        Sec.  17.9.  Summary   suspension   of   a   license   or
 3    registration. The Director may summarily suspend a license or
 4    registration  without  a  hearing  if the Director finds that
 5    evidence in the  Director's  possession  indicates  that  the
 6    continuation  of practice would constitute an imminent danger
 7    to the public or the individual  involved.  If  the  Director
 8    summarily  suspends  the  license  or  registration without a
 9    hearing, a hearing must be commenced within 30 days after the
10    suspension has occurred and  concluded  as  expeditiously  as
11    practical.
12    (Source: P.A. 91-408, eff. 1-1-00.)

13        (225 ILCS 105/18) (from Ch. 111, par. 5018)
14        Sec.   18.   Investigations;   notice  and  hearing.  The
15    Department may investigate the actions of any applicant or of
16    any person or persons promoting or participating in a contest
17    or exhibition or any person holding or  claiming  to  hold  a
18    license   or   registration.  The  Department  shall,  before
19    revoking, suspending, placing on probation, reprimanding,  or
20    taking any other disciplinary action under this Act, at least
21    30  days  before the date set for the hearing, (i) notify the
22    accused in writing of the charges made and the time and place
23    for the hearing on the charges, (ii) direct  him  or  her  to
24    file  a  written  answer  to the charges with the Board under
25    oath within 20 days after the service on him or  her  of  the
26    notice, and (iii) inform the accused that, if he or she fails
27    to  answer,  default will be taken against him or her or that
28    his or her license or registration may be suspended, revoked,
29    or placed on probationary status or that  other  disciplinary
30    action   may   be   taken  with  regard  to  the  license  or
31    registration, including limiting the scope, nature, or extent
32    of his or  her  practice,  as  the  Department  may  consider
33    proper.  At the time and place fixed in the notice, the Board
 
                            -14-               LRB9201498LBgc
 1    shall proceed to hear the charges, and the parties  or  their
 2    counsel  shall  be  accorded ample opportunity to present any
 3    pertinent statements, testimony, evidence, and arguments. The
 4    Board may continue the hearing from time to time. In case the
 5    person, after receiving the notice, fails to file an  answer,
 6    his  or her license or registration may, in the discretion of
 7    the  Department,  be  suspended,  revoked,   or   placed   on
 8    probationary  status  or  the  Department  may  take whatever
 9    disciplinary action considered proper, including limiting the
10    scope, nature, or extent of  the  person's  practice  or  the
11    imposition  of  a fine, without a hearing, if the act or acts
12    charged constitute sufficient grounds for that  action  under
13    this  Act.  The  written  notice  may  be  served by personal
14    delivery or by certified mail to the address specified by the
15    accused in his or her last notification with the Department.
16    (Source: P.A. 91-408, eff. 1-1-00.)

17        (225 ILCS 105/19) (from Ch. 111, par. 5019)
18        Sec. 19. Findings and recommendations. At the  conclusion
19    of  the  hearing,  the  Board shall present to the Director a
20    written report of  its  findings,  conclusions  of  law,  and
21    recommendations.  The  report  shall  contain  a  finding  of
22    whether  the accused person violated this Act or its rules or
23    failed to comply with the conditions required in this Act  or
24    its  rules.  The  Board  shall  specify  the  nature  of  any
25    violations   or   failure   to  comply  and  shall  make  its
26    recommendations to the Director.  In  making  recommendations
27    for  any  disciplinary  actions,  the  Board  may  take  into
28    consideration  all  facts  and circumstances bearing upon the
29    reasonableness  of  the  conduct  of  the  accused  and   the
30    potential  for  future  harm to the public including, but not
31    limited  to,  previous  discipline  of  the  accused  by  the
32    Department,  intent,  degree  of  harm  to  the  public   and
33    likelihood of harm in the future, any restitution made by the
 
                            -15-               LRB9201498LBgc
 1    accused,  and  whether the incident or incidents contained in
 2    the complaint appear to be isolated or represent a continuing
 3    pattern  of  conduct.  In  making  its  recommendations   for
 4    discipline,  the  Board  shall  endeavor  to  ensure that the
 5    severity of the discipline recommended is reasonably  related
 6    to the severity of the violation.
 7        The  report  of findings of fact, conclusions of law, and
 8    recommendation of the  Board  shall  be  the  basis  for  the
 9    Department's  order  refusing  to  issue, restore, or renew a
10    license or registration, or otherwise disciplining a licensee
11    or  registrant.  If   the   Director   disagrees   with   the
12    recommendations of the Board, the Director may issue an order
13    in  contravention  of the Board recommendations. The Director
14    shall  provide  a  written  report  to  the  Board   on   any
15    disagreement  and shall specify the reasons for the action in
16    the final order. The finding is not  admissible  in  evidence
17    against  the  person  in a criminal prosecution brought for a
18    violation of this Act, but the hearing and finding are not  a
19    bar to a criminal prosecution brought for a violation of this
20    Act.
21    (Source: P.A. 91-408, eff. 1-1-00.)

22        (225 ILCS 105/19.1) (from Ch. 111, par. 5019.1)
23        Sec.   19.1.  Appointment  of  a  hearing  officer.   The
24    Director has the  authority  to  appoint  any  attorney  duly
25    licensed to practice law in the State of Illinois to serve as
26    the  hearing  officer  in  any  action  for refusal to issue,
27    restore, or renew a license or certificate of registration or
28    discipline of a licensee or registrant. The  hearing  officer
29    has  full  authority  to  conduct  the  hearing.  The hearing
30    officer shall report his or her findings of fact, conclusions
31    of law, and recommendations to the Board  and  the  Director.
32    The  Board  shall  have 60 days from receipt of the report to
33    review the report of the  hearing  officer  and  present  its
 
                            -16-               LRB9201498LBgc
 1    findings  of  fact, conclusions of law and recommendations to
 2    the Director.  If the  Board  fails  to  present  its  report
 3    within  the  60  day  period, the Director may issue an order
 4    based on the report of the hearing officer.  If the  Director
 5    determines  that  the  Board's  report  is  contrary  to  the
 6    manifest  weight  of  the  evidence, he may issue an order in
 7    contravention  of  the  recommendation.  The  Director  shall
 8    promptly provide  a  written  report  of  the  Board  on  any
 9    deviation and shall specify the reasons for the action in the
10    final order.
11    (Source: P.A. 91-408, eff. 1-1-00.)

12        (225 ILCS 105/19.3)
13        Sec.  19.3. Compelling testimony. Any circuit court, upon
14    application of the Department, designated hearing officer, or
15    the  applicant  or,  licensee,  or  registrant  against  whom
16    proceedings under this Act are pending, may  enter  an  order
17    requiring the attendance of witnesses and their testimony and
18    the  production  of  documents,  papers,  files,  books,  and
19    records  in connection with any hearing or investigation. The
20    court may compel obedience to its order  by  proceedings  for
21    contempt.
22    (Source: P.A. 91-408, eff. 1-1-00.)

23        (225 ILCS 105/19.4)
24        Sec.  19.4.   Director;  rehearing. Whenever the Director
25    believes that justice has not been done  in  the  revocation,
26    suspension,  refusal to issue, restore, or renew a license or
27    registration,  or  other  discipline  of  an  applicant   or,
28    licensee,  or  registrant, he or she may order a rehearing by
29    the same or other examiners.
30    (Source: P.A. 91-408, eff. 1-1-00.)

31        (225 ILCS 105/23) (from Ch. 111, par. 5023)
 
                            -17-               LRB9201498LBgc
 1        Sec. 23.  Fees.  The  fees  for  the  administration  and
 2    enforcement  of  this  Act  including,  but  not  limited to,
 3    original licensure or registration, renewal, and  restoration
 4    shall  be  set  by  rule.   The fees shall not be refundable.
 5    (Blank).
 6    (Source: P.A. 91-357,  eff.  7-29-99;  91-408,  eff.  1-1-00;
 7    revised 8-27-99.)

 8        (225 ILCS 105/23.1) (from Ch. 111, par. 5023.1)
 9        Sec.   23.1.  Returned  checks;  fines.  Any  person  who
10    delivers a check or other payment to the Department  that  is
11    returned   to   the   Department   unpaid  by  the  financial
12    institution  upon  which  it  is  drawn  shall  pay  to   the
13    Department,  in  addition  to  the amount already owed to the
14    Department, a fine of $50. If the check or other payment  was
15    for  a  renewal  or  issuance  fee  and that person practices
16    without paying the renewal fee or issuance fee and  the  fine
17    due,  an  additional fine of $100 shall be imposed. The fines
18    imposed  by  this  Section  are  in  addition  to  any  other
19    discipline provided under this Act for unlicensed practice or
20    practice on a nonrenewed license. The Department shall notify
21    the person that payment of fees and fines shall  be  paid  to
22    the  Department  by  certified check or money order within 30
23    calendar days of the notification. If, after  the  expiration
24    of  30 days from the date of the notification, the person has
25    failed to submit the  necessary  remittance,  the  Department
26    shall  automatically  terminate the license or certificate or
27    deny the application, without hearing. If, after  termination
28    or  denial,  the person seeks a license or certificate, he or
29    she shall apply to the Department for restoration or issuance
30    of the license or certificate and pay all fees and fines  due
31    to the Department. The Department may establish a fee for the
32    processing  of an application for restoration of a license or
33    certificate  to  pay  all   expenses   of   processing   this
 
                            -18-               LRB9201498LBgc
 1    application.  The Director may waive the fines due under this
 2    Section in individual cases where the Director finds that the
 3    fines would be unreasonable or unnecessarily burdensome.
 4    (Source: P.A. 86-615; 87-1031.)

 5        Section 10.  The Regulatory  Sunset  Act  is  amended  by
 6    changing Section 4.12 and adding Section 4.22 as follows:

 7        (5 ILCS 80/4.12) (from Ch. 127, par. 1904.12)
 8        Sec.  4.12.  The following Acts are repealed December 31,
 9    2001:
10        The Professional Boxing and Wrestling Act.
11        The Interior Design Profession Title Act.
12        The Detection of Deception Examiners Act.
13        The Water Well and Pump Installation Contractor's License
14    Act.
15    (Source: P.A. 86-1404; 86-1475; 87-703.)

16        (5 ILCS 80/4.22 new)
17        Sec. 4.22.  The Professional Boxing Act.

18        Section 99.  Effective date.  This Act takes effect  upon
19    becoming law.

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