Rep. Jay Hoffman

Filed: 5/17/2019

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 657

2    AMENDMENT NO. ______. Amend Senate Bill 657, AS AMENDED, by
3replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Regulatory Sunset Act is amended by
6changing Section 4.30 and by adding Section 4.40 as follows:
 
7    (5 ILCS 80/4.30)
8    Sec. 4.30. Acts repealed on January 1, 2020. The following
9Acts are repealed on January 1, 2020:
10    The Auction License Act.
11    The Community Association Manager Licensing and
12Disciplinary Act.
13    The Illinois Architecture Practice Act of 1989.
14    The Illinois Landscape Architecture Act of 1989.
15    The Illinois Professional Land Surveyor Act of 1989.
16    The Orthotics, Prosthetics, and Pedorthics Practice Act.

 

 

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1    The Perfusionist Practice Act.
2    The Pharmacy Practice Act.
3    The Professional Engineering Practice Act of 1989.
4    The Real Estate License Act of 2000.
5    The Structural Engineering Practice Act of 1989.
6(Source: P.A. 100-497, eff. 9-8-17; 100-534, eff. 9-22-17;
7100-863, eff. 8-14-18.)
 
8    (5 ILCS 80/4.40 new)
9    Sec. 4.40. Act repealed on January 1, 2030. The following
10Act is repealed on January 1, 2030:
11    The Structural Engineering Practice Act of 1989.
 
12    Section 10. The Structural Engineering Practice Act of 1989
13is amended by changing Sections 1, 3, 4, 5, 6, 7, 8, 9, 10, 11,
1412, 14, 14.5, 15, 16, 17, 18, 19, 20, 20.5, 21, 22, 23, 24, 25,
1526, 27, 28, 29, 30, 31, 32, 35, and 36 and by adding Sections
164.10, 5.5, 12.5, 15.5, 17.5, and 32.5 as follows:
 
17    (225 ILCS 340/1)  (from Ch. 111, par. 6601)
18    (Section scheduled to be repealed on January 1, 2020)
19    Sec. 1. The practice of structural engineering Structural
20Engineering in the State of Illinois is hereby declared to
21affect the public health, safety, and welfare and to be subject
22to regulation and control in the public interest. It is further
23declared to be a matter of public interest and concern that the

 

 

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1practice of structural engineering, Structural Engineering as
2defined in this Act, merit and receive the confidence of the
3public, that only qualified persons be authorized to practice
4structural engineering Structural Engineering in the State of
5Illinois. This Act shall be liberally construed to best carry
6out these subjects and purposes.
7(Source: P.A. 86-711.)
 
8    (225 ILCS 340/3)  (from Ch. 111, par. 6603)
9    (Section scheduled to be repealed on January 1, 2020)
10    Sec. 3. Exemptions. The following persons are exempt from
11the operation of this Act:
12    (a) Draftsmen, students, clerks of work, superintendents,
13and other employees of licensed structural engineers Licensed
14Structural Engineers when acting under the immediate personal
15supervision of their employers; and
16    (b) Superintendents of construction in the pay of the owner
17when acting under the immediate personal supervision of a
18licensed structural engineer Licensed Structural Engineer.
19    Persons licensed to practice structural engineering in
20this State are exempt from the operation of any Act in force in
21this State relating to the regulation of the practice of
22architecture Architecture.
23(Source: P.A. 86-711.)
 
24    (225 ILCS 340/4)  (from Ch. 111, par. 6604)

 

 

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1    (Section scheduled to be repealed on January 1, 2020)
2    Sec. 4. Definitions. In this Act:
3    (a) "Address of record" means the designated address
4recorded by the Department in the applicant's or licensee's
5application file or license file maintained by the Department's
6licensure maintenance unit. It is the duty of the applicant or
7licensee to inform the Department of any change of address, and
8such changes must be made either through the Department's
9website or by directly contacting the Department.
10    (b) "Department" means the Department of Financial and
11Professional Regulation.
12    (c) "Secretary" means the Secretary of the Department of
13Financial and Professional Regulation.
14    (d) "Board" means the Structural Engineering Board
15appointed by the Secretary.
16    (e) "Negligence in the practice of structural engineering"
17means the failure to exercise that degree of reasonable
18professional skill, judgment and diligence normally rendered
19by structural engineers in the practice of structural
20engineering.
21    (f) "Structural engineer intern" means a person who is a
22candidate for licensure as a structural engineer and who has
23been enrolled as a structural engineer intern.
24    (g) "Structural engineer" means a person licensed under the
25laws of the State of Illinois to practice structural
26engineering.

 

 

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1    (h) "Email address of record" means the designated email
2address recorded by the Department in the applicant's file or
3the licensee's license file, as maintained by the Department's
4licensure maintenance unit.
5(Source: P.A. 96-610, eff. 8-24-09.)
 
6    (225 ILCS 340/4.10 new)
7    Sec. 4.10. Address of record; email address of record. All
8applicants and licensees shall:
9        (1) provide a valid address and email address to the
10    Department, which shall serve as the address of record and
11    email address of record, respectively, at the time of
12    application for licensure or renewal of a license; and
13        (2) inform the Department of any change of address of
14    record or email address of record within 14 days after such
15    change either through the Department's website or by
16    contacting the Department's licensure maintenance unit.
 
17    (225 ILCS 340/5)  (from Ch. 111, par. 6605)
18    (Section scheduled to be repealed on January 1, 2020)
19    Sec. 5. Practice of structural engineering. A person shall
20be regarded as practicing structural engineering within the
21meaning of this Act who is engaged in the design, analysis, or
22supervision of the construction, enlargement or alteration of
23structures, or any part thereof, for others, to be constructed
24by persons other than himself or herself. Structures within the

 

 

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1meaning of this Act are all structures having as essential
2features foundations, columns, girders, trusses, arches or
3beams, with or without other parts, and in which safe design
4and construction require that loads and stresses must be
5computed and the size and strength of parts determined by
6mathematical calculations based upon scientific principles and
7engineering data. Nothing in this Section imposes upon a person
8licensed under this Act the responsibility for the performance
9of any acts or practice unless such person specifically
10contracts to provide it. Nothing in this Section precludes an
11employee from acting under the direct supervision or
12responsible charge of a licensed structural engineer. A person
13shall also be regarded as practicing structural engineering
14within the meaning of this Act who is engaged as a principal in
15the design, analysis, or supervision of the construction of
16structures or of the structural part of edifices designed
17solely for the generation of electricity; or for the hoisting,
18cleaning, sizing or storing of coal, cement, sand, grain,
19gravel or similar materials; elevators; manufacturing plants;
20docks; bridges; blast furnaces; rolling mills; gas producers
21and reservoirs; smelters; dams; reservoirs; waterworks;
22sanitary works as applied to the purification of water; plants
23for waste and sewage disposal; round houses for locomotives;
24railroad shops; pumping or power stations for drainage
25districts; or power houses, even though such structures may
26come within the definition of "buildings" as defined in any Act

 

 

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1in force in this State relating to the regulation of the
2practice of architecture.
3(Source: P.A. 96-610, eff. 8-24-09.)
 
4    (225 ILCS 340/5.5 new)
5    Sec. 5.5. Technical submissions.
6    (a) As used in this Section, "technical submissions"
7include the designs, drawings, and specifications that
8establish the scope of the structural engineering project, the
9standard of quality for materials, workmanship, equipment, and
10construction systems, and the studies and other technical
11reports and calculations prepared in the course of the practice
12of structural engineering.
13    (b) All technical submissions intended for use related to
14services involving a structural engineer in the State of
15Illinois shall be prepared and administered in accordance with
16standards of reasonable professional skill and diligence. Care
17shall be taken to reflect the requirements of State statutes
18and, where applicable, county and municipal building
19ordinances in such submissions. In recognition that structural
20engineers are licensed for the protection of the public health,
21safety, and welfare, submissions shall be of such quality and
22scope, and be so administered, as to conform to professional
23standards.
24    (c) No officer, board, commission, or other public entity
25that receives technical submissions shall accept for filing or

 

 

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1approval any technical submissions relating to services
2requiring the involvement of a structural engineer that do not
3bear the seal and signature of a structural engineer licensed
4under this Act.
5    (d) It is unlawful to affix one's seal to technical
6submissions if it masks the true identity of the person who
7actually exercised responsible control of the preparation of
8such work. A structural engineer who seals and signs technical
9submissions is not responsible for damage caused by subsequent
10changes to or uses of those technical submissions where the
11subsequent changes or uses, including changes or uses made by
12State or local governmental agencies, are not authorized or
13approved in writing by the structural engineer who originally
14sealed and signed the technical submissions.
 
15    (225 ILCS 340/6)  (from Ch. 111, par. 6606)
16    (Section scheduled to be repealed on January 1, 2020)
17    Sec. 6. Powers and duties of the Department. The Department
18shall, subject to the provisions of this Act, exercise the
19following functions, powers, and duties The Department of
20Financial and Professional Regulation shall exercise the
21following functions, powers and duties subject to the
22provisions of this Act:
23        (1) Authorize To conduct examinations to ascertain the
24    qualifications and fitness and qualifications of
25    applicants for licensure as licensed structural engineers,

 

 

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1    and pass upon the qualifications and fitness of applicants
2    for licensure by endorsement.
3        (2) Adopt rules required for the administration of this
4    Act To prescribe rules for a method of examination of
5    candidates.
6        (3) Adopt To prescribe rules to establish what
7    constitutes an approved a structural engineering or
8    related science curriculum, to determine if a specific
9    curriculum qualifies as a structural engineering or
10    related science curriculum, and to terminate the
11    Department's approval of any curriculum as a structural
12    engineering or related science curriculum for
13    non-compliance with such rules.
14        (3.5) Adopt rules for approved experience To register
15    corporations, partnerships, professional service
16    corporations, limited liability companies, and sole
17    proprietorships for the practice of structural engineering
18    and issue a license to those who qualify.
19        (4) Conduct hearings on proceedings to refuse to issue
20    or renew licenses or to revoke, suspend, place on
21    probation, or reprimand persons or entities licensed or
22    registered under this Act To investigate complaints, to
23    conduct oral interviews, disciplinary conferences, and
24    formal evidentiary hearings on proceedings to refuse to
25    issue, renew or restore, or to suspend or revoke a license,
26    or to place on probation or reprimand a licensee for

 

 

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1    reasons set forth in Section 20 of this Act.
2        (5) Issue licenses to those who meet the requirements
3    of this Act To formulate rules necessary to carry out the
4    provisions of this Act.
5        (6) Maintain To maintain membership in a national
6    organization that provides an acceptable structural
7    engineering examination and participate in activities of
8    the organization by designation of individuals for the
9    various classifications of membership and the appointment
10    of delegates for attendance at regional and national
11    meetings of the organization. All costs associated with
12    membership and attendance of such delegates to any national
13    meetings may be funded from the Design Professionals
14    Administration and Investigation Fund.
15        (7) Review To review such applicant qualifications to
16    sit for the examination or for licensure that the Board
17    designates pursuant to Section 8 of this Act.
18        (8) Conduct investigations related to possible
19    violations of this Act.
20        (9) Post on the Department's website a newsletter
21    describing the most recent changes in this Act and the
22    rules adopted under this Act and containing information of
23    any final disciplinary action that has been ordered under
24    this Act since the date of the last newsletter.
25    Upon the issuance of any final decision or order that
26deviates from any report or recommendation of the Board

 

 

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1relating to the qualification of applicants, discipline of
2licensees or registrants, or adoption of rules, the Secretary
3may notify the Board on any such deviation and may specify with
4particularity the reasons for such action in the final decision
5or order. The Department may, at any time, seek the expert
6advice and knowledge of the Board on any matter relating to the
7enforcement of this Act.
8    The Department may, in its discretion, but is not required
9to, employ or utilize the legal services of outside counsel and
10the investigative services of outside personnel to assist the
11Department. However, no attorney employed or used by the
12Department shall prosecute a matter or provide legal services
13to the Department or Board with respect to the same matter.
14    Prior to issuance of any final decision or order that
15deviates from any report or recommendation of the Board
16relating to the qualification of applicants, discipline of
17licensees or registrants, or promulgation of rules, the
18Secretary shall notify the Board and the Secretary of State in
19writing with an explanation of any such deviation and provide a
20reasonable time for the Board to submit comments to the
21Secretary regarding the action. In the event that the Board
22fails or declines to submit such comments within 30 days of
23said notification, the Secretary may issue a final decision or
24order consistent with the Secretary's original decision.
25    Whenever the Secretary is not satisfied that substantial
26justice has been done in an examination, the Secretary may

 

 

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1order a reexamination by the same or other examiners.
2(Source: P.A. 96-610, eff. 8-24-09.)
 
3    (225 ILCS 340/7)  (from Ch. 111, par. 6607)
4    (Section scheduled to be repealed on January 1, 2020)
5    Sec. 7. Board.
6    (a) The Secretary shall appoint a Structural Engineering
7Board. The Board , which shall consist of 7 members who shall
8serve in an advisory capacity to the Secretary. All shall be
9residents of Illinois. Six members shall (i) currently hold a
10valid license as a be Illinois licensed structural engineer in
11Illinois and shall have held the license under this Act for the
12previous 10-year period and (ii) have not been disciplined
13within the last 10-year period under this Act engineers, who
14have been engaged in the practice of structural engineering for
15a minimum of 10 years, and one shall be a public member. In
16addition to the 6 structural engineers, there shall be one
17public member. The public member shall be a voting member and
18shall not hold a license under this Act or any other design
19profession licensing Act that the Department administers as an
20architect, professional engineer, structural engineer or land
21surveyor.
22    (b) Board members Members shall serve 5 year terms and
23until their successors are appointed and qualified.
24    (c) In appointing members of the Board making the
25designation of persons to act, the Secretary shall give due

 

 

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1consideration to recommendations by members of the profession
2and by organizations of the structural engineering profession.
3    (d) The membership of the Board should reasonably reflect
4representation from the geographic areas in this State.
5    (e) No member shall be reappointed to the Board for a term
6which would cause his or her continuous service on the Board to
7be longer than 2 consecutive 5-year terms 15 years in a
8lifetime.
9    (f) Appointments to fill vacancies shall be made in the
10same manner as original appointments, for the unexpired portion
11of the vacated term. Initial terms under this Act shall begin
12upon the expiration of the terms of Committee members appointed
13under The Illinois Structural Engineering Act.
14    Persons holding office as members of the Board under this
15Act on the effective date of this Act shall serve as members of
16the Board under this Act until the expiration of the term for
17which they were appointed and until their successors are
18appointed and qualified under this Act.
19    (g) Four members of the Board shall constitute a quorum. A
20quorum is required for Board decisions.
21    (h) The Secretary may remove any member of the Board for
22misconduct, incompetence, or neglect of duty or for reasons
23prescribed by law for removal of State officials. The Secretary
24may remove a member of the Board who does not attend 2
25consecutive meetings. The Secretary may terminate the
26appointment of any member for cause which in the opinion of the

 

 

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1Secretary reasonably justifies such termination, which may
2include, but is not limited to, a Board member who does not
3attend 2 consecutive meetings.
4    (i) Notice of proposed rulemaking shall be transmitted to
5the Board and the Department shall review the response of the
6Board and any recommendations made therein. The Department may,
7at any time, seek the expert advice and knowledge of the Board
8on any matter relating to the administration or enforcement of
9this Act.
10    (j) Members of the Board shall have no liability in any
11action based upon disciplinary proceedings or other activity
12performed in good faith as members of the Board be immune from
13suit in any action based upon any disciplinary proceedings or
14other activities performed in good faith as members of the
15Board.
16    (k) Members of the Board shall be reimbursed for all
17legitimate, necessary, and authorized expenses. Each member of
18the Board may receive compensation as determined by the
19Secretary.
20(Source: P.A. 96-610, eff. 8-24-09.)
 
21    (225 ILCS 340/8)  (from Ch. 111, par. 6608)
22    (Section scheduled to be repealed on January 1, 2020)
23    Sec. 8. Powers and duties of the Board. Subject to the
24provisions of this Act, the Board shall exercise the following
25functions, powers, and duties: The Board has the following

 

 

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1powers and duties:
2        (a) The Board shall hold at least 3 regular meetings
3    each year conducted in accordance with the Open Meetings
4    Act;
5        (b) The Board shall annually elect a Chairperson and a
6    Vice Chairperson, both of whom shall be Illinois licensed
7    structural engineers;
8        (c) The Board, upon request by the Department, may make
9    a curriculum evaluation or utilize a nationally certified
10    evaluation service to determine if courses conform to
11    requirements of approved engineering programs;
12        (d) (Blank) The Department may at any time seek the
13    expert advice and knowledge of the Board on any matter
14    relating to the enforcement of this Act;
15        (e) The Board may appoint a subcommittee to serve as a
16    Complaint Committee to recommend the disposition of case
17    files according to procedures established by rule;
18        (f) The Board shall assist the Department in conducting
19    oral interviews, disciplinary conferences, informal
20    conferences, and formal evidentiary hearings;
21        (g) The Board shall review applicant qualifications to
22    sit for the examination or for licensure and shall make
23    recommendations to the Department except for those
24    applicant qualifications that the Board designates as
25    routinely acceptable, and the Department shall review the
26    Board's recommendations on applicant qualifications; and

 

 

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1        (h) The Board may recommend that the Department
2    contract with an individual or corporation or other
3    business entity to assist in providing investigative,
4    legal, prosecutorial, and other services necessary to
5    perform the Department's duties. The Board may submit
6    comments to the Secretary within a reasonable time from
7    notification of any final decision or order from the
8    Secretary that deviates from any report or recommendation
9    of the Board relating to the qualification of applicants,
10    discipline of licensees or registrants, unlicensed
11    practice, or promulgation of rules.
12    The Department may, at any time, seek the expert advice and
13knowledge of the Board on any matter relating to the
14enforcement of this Act.
15(Source: P.A. 96-610, eff. 8-24-09.)
 
16    (225 ILCS 340/9)  (from Ch. 111, par. 6609)
17    (Section scheduled to be repealed on January 1, 2020)
18    Sec. 9. Application for licensure.
19    (a) Applications for original licenses shall be made to the
20Department in writing on forms or electronically as prescribed
21by the Department and shall be accompanied by the required fee,
22which shall is not be refundable. All applications shall
23contain information that, in the judgment of the Department,
24will enable the Department to pass on the qualifications of the
25applicant for a license as a structural engineer or enrollment

 

 

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1as a structural engineer intern. The application shall require
2such information as in the judgment of the Department will
3enable the Department to pass on the qualifications of the
4applicant for a license. The Department may require an
5applicant, at the applicant's expense, to have an evaluation of
6the applicant's education in a foreign country county by a
7nationally recognized evaluation service approved by the
8Department in accordance with rules prescribed by the
9Department.
10    (b) Applicants have 3 years from the date of application to
11complete the application process. If the process has not been
12completed in 3 years, the application shall be denied, the fee
13shall be forfeited, and the applicant must reapply and meet the
14requirements in effect at the time of reapplication.
15    An applicant who graduated from a structural engineering
16program outside the United States or its territories and whose
17first language is not English shall submit certification of
18passage of the Test of English as a Foreign Language (TOEFL)
19and a test of spoken English as defined by rule. However, any
20such applicant who subsequently earns an advanced degree from
21an accredited educational institution in the United States or
22its territories shall not be subject to this requirement.
23(Source: P.A. 98-993, eff. 1-1-15.)
 
24    (225 ILCS 340/10)  (from Ch. 111, par. 6610)
25    (Section scheduled to be repealed on January 1, 2020)

 

 

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1    Sec. 10. Examinations.
2    (a) The Department shall authorize examinations of
3applicants for a license or enrollment under this Act as
4structural engineers at such times and places as it may
5determine by rule. The examination of applicants shall be of a
6character to give a fair test of the qualifications of the
7applicant to practice as a structural engineer or structural
8engineer intern structural engineering.
9    (b) Applicants for examination as structural engineers are
10required to pay, either to the Department or the designated
11testing service, a fee covering the cost of providing the
12examination. Failure to appear for the examination on the
13scheduled date, at the time and place specified, after the
14applicant's application for examination has been received and
15acknowledged by the Department or the designated testing
16service, shall result in the forfeiture of the examination fee.
17    (c) If an applicant fails to pass an examination for a
18license or enrollment licensure under this Act within 3 years
19after filing the application, the application shall be denied.
20However, such applicant may thereafter make a new application
21for examination accompanied by the required fee, and must
22furnish proof of meeting the qualifications for examination in
23effect at the time of new application.
24(Source: P.A. 96-610, eff. 8-24-09.)
 
25    (225 ILCS 340/11)  (from Ch. 111, par. 6611)

 

 

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1    (Section scheduled to be repealed on January 1, 2020)
2    Sec. 11. A person is qualified for enrollment as a
3structural engineer intern or licensure as a structural
4engineer if that person has applied in writing in form and
5substance satisfactory to the Department and:
6        (a) The applicant is of good moral character. In
7    determining moral character under this Section, the
8    Department may take into consideration whether the
9    applicant has engaged in conduct or actions that would
10    constitute grounds for discipline under this Act.
11        (a-5) The applicant, if a structural engineer intern
12    applicant, has met the minimum standards for enrollment as
13    a structural engineer intern, which are as follows:
14            (1) is a graduate of an approved structural
15        engineering curriculum of at least 4 years meeting the
16        requirements as set forth by rule and passes a nominal
17        examination as defined by rule in the fundamentals of
18        engineering; or
19            (2) is a graduate of a non-approved structural
20        engineering or related science curriculum of at least 4
21        years meeting the requirements as set forth by rule and
22        passes a nominal examination as defined by rule in the
23        fundamentals of engineering.
24        (b) The applicant, if a structural engineer applicant,
25    has met the minimum standards for licensure as a structural
26    engineer, which are as follows:

 

 

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1            (1) is a graduate of an approved structural
2        engineering curriculum of at least 4 years meeting the
3        requirements as set forth by rule and submits evidence
4        acceptable to the Department of an additional 4 years
5        or more of experience in structural engineering work of
6        a grade and character which indicates that the
7        individual may be competent to practice structural
8        engineering as set forth by rule; or
9            (2) is a graduate of a non-approved structural
10        engineering or an approved related science curriculum
11        of at least 4 years meeting the requirements as set
12        forth by rule who submits evidence acceptable to the
13        Department of an additional 8 years or more of
14        progressive experience in structural engineering work
15        of a grade and character which indicates that the
16        individual may be competent to practice structural
17        engineering as set forth by rule.
18        (c) The applicant, if a structural engineer applicant,
19    has passed an examination authorized by the Department as
20    determined by rule to determine his or her fitness to
21    receive a license as a structural engineer.
22(Source: P.A. 98-713, eff. 7-16-14.)
 
23    (225 ILCS 340/12)  (from Ch. 111, par. 6612)
24    (Section scheduled to be repealed on January 1, 2020)
25    Sec. 12. Seal. Every holder of a license as a structural

 

 

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1engineer shall display it in a conspicuous place in the
2holder's principal office, place of business or employment.
3Every licensed structural engineer shall have a reproducible
4seal, which may be computer generated, the imprint or
5facsimile, the print of which shall contain the name and
6license number of the structural engineer, and the words
7"Licensed Structural Engineer," "State of Illinois." The
8licensed structural engineer shall seal all plans, technical
9submissions, drawings, and specifications prepared by or under
10the engineer's supervision.
11    If technical submissions are prepared utilizing a computer
12or other electronic means, the seal may be generated by a
13computer. The licensee may provide, at his or her sole
14discretion, an original signature in the licensee's
15handwriting, a scanned copy of the technical submission bearing
16an original signature, or a signature generated by a computer.
17    A licensed structural engineer may seal documents not
18produced by the licensed structural engineer when the documents
19have either been produced by others working under the licensed
20structural engineer's personal supervision and control or when
21the licensed structural engineer has sufficiently reviewed the
22documents to ensure that they have met the standards of
23reasonable professional skill and diligence. In reviewing the
24work of others, the licensed structural engineer shall, where
25necessary, do calculations, redesign, or any other work
26necessary to be done to meet such standards and should retain

 

 

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1evidence of having done such review. The documents sealed by
2the licensed structural engineer shall be of no lesser quality
3than if they had been produced by the licensed structural
4engineer. The licensed structural engineer who seals the work
5of others is obligated to provide sufficient supervision and
6review of such work so that the public is protected.
7    The licensed structural engineer shall affix the
8signature, current date, date of license expiration and seal to
9the first sheet of any bound set or loose sheets prepared by
10the licensed structural engineer or under that licensed
11structural engineer's immediate supervision.
12    A licensed structural engineer may seal documents not
13produced by the licensed structural engineer when the documents
14have either been produced by others working under the licensed
15structural engineer's personal supervision and control or when
16the licensed structural engineer has sufficiently reviewed the
17documents to ensure that they have met the standards of
18reasonable professional skill and diligence. In reviewing the
19work of others, the licensed structural engineer shall, where
20necessary, do calculations, redesign, or any other work
21necessary to be done to meet such standards and retain evidence
22of having done such review. The documents sealed by the
23licensed structural engineer shall be of no lesser quality than
24if they have been produced by the licensed structural engineer.
25The licensed structural engineer who seals the work of others
26is obligated to provide sufficient supervision and review of

 

 

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1such work so that the public is protected.
2(Source: P.A. 91-91, eff. 1-1-00.)
 
3    (225 ILCS 340/12.5 new)
4    Sec. 12.5. Display of license. Every holder of a license
5under this Act shall display the license in a conspicuous place
6in his or her principal office, place of business, or place of
7employment.
 
8    (225 ILCS 340/14)  (from Ch. 111, par. 6614)
9    (Section scheduled to be repealed on January 1, 2020)
10    Sec. 14. Renewal, reinstatement, or restoration of
11license; persons in military service.
12    (a) The expiration date and renewal period for each license
13issued under this Act shall be set by rule. The holder of a
14license may renew the license during the month preceding its
15expiration date by paying the required fee.
16    (b) A licensed structural engineer who has permitted his or
17her license to expire or has had his or her license who placed
18his license on inactive status may have his or her license
19restored by making application to the Department and filing
20proof acceptable to the Department of fitness to have his or
21her the license restored, including, but not limited to, sworn
22evidence certifying to active practice in another jurisdiction
23satisfactory to the Department and by submitting evidence of
24knowledge in seismic design and by paying the required

 

 

10100SB0657ham002- 24 -LRB101 04418 LNS 60780 a

1restoration fee as determined by rule.
2    (c) A structural engineer whose license has expired while
3engaged (1) in federal service on active duty with the Armed
4Forces of the United States or the State Militia called into
5service or training, or (2) in training or education under the
6supervision of the United States before induction into the
7military service, may have the license restored or reinstated
8without paying any lapsed reinstatement, renewal, or
9restoration fees if within 2 years after termination other than
10by dishonorable discharge of such service, training, or
11education the Department is furnished with satisfactory
12evidence that the licensee has been so engaged in the practice
13of structural engineering and that such service, training, or
14education has been so terminated.
15    If the licensed structural engineer has not maintained an
16active practice in another jurisdiction satisfactory to the
17Department, the Board shall determine, by an evaluation program
18established by rule, that person's fitness to resume active
19status and may require the licensed structural engineer to
20complete an examination.
21    Any licensed structural engineer whose license has been
22expired for more than 5 years may have his license restored by
23making application to the Department and filing proof
24acceptable to the Department of fitness to have the license
25restored, including sworn evidence certifying to active
26practice in another jurisdiction and by paying the required

 

 

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1restoration fee.
2    However, any licensed structural engineer whose license
3has expired while such engineer was engaged (1) in federal
4service on active duty with the Army of the United States, the
5United States Navy, the Marine Corps, the Air Force, the Coast
6Guard, or the State Militia called into the service or training
7of the United States of America, or (2) in training or
8education under the supervision of the United States
9preliminary to induction into the military service, may have
10his license restored or reinstated without paying any lapsed
11renewal fees, reinstatement fee or restoration fee or passing
12any examination, if within 2 years after termination of such
13service, training or education other than by dishonorable
14discharge such person furnishes the Department with an
15affidavit to the effect that he has been so engaged and that
16the service, training or education has been so terminated.
17(Source: P.A. 96-610, eff. 8-24-09.)
 
18    (225 ILCS 340/14.5)
19    (Section scheduled to be repealed on January 1, 2020)
20    Sec. 14.5. Continuing education. The Department may adopt
21promulgate rules of continuing education for persons licensed
22under this Act. The Department shall consider the
23recommendations of the Board in establishing the guidelines for
24the continuing education requirements. The requirements of
25this Section apply to any person seeking renewal or restoration

 

 

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1under Section 14 or 15 of this Act.
2(Source: P.A. 91-91, eff. 1-1-00.)
 
3    (225 ILCS 340/15)  (from Ch. 111, par. 6615)
4    (Section scheduled to be repealed on January 1, 2020)
5    Sec. 15. Inactive status. A person licensed under this Act
6Any structural engineer who notifies the Department, in writing
7on forms prescribed by the Department, may elect to place his
8or her license on an inactive status and shall, subject to
9rules of the Department, be excused from payment of renewal
10fees until he or she notifies the Department in writing of the
11desire to resume active status.
12    Any structural engineer requesting restoration from
13inactive status shall be required to pay the current renewal
14fee. If the structural engineer otherwise qualifies, upon
15payment, the Department shall restore his or her license, as
16provided in Section 14 of this Act.
17    Any structural engineer whose license is on inactive status
18shall not practice structural engineering in the State of
19Illinois.
20(Source: P.A. 86-711.)
 
21    (225 ILCS 340/15.5 new)
22    Sec. 15.5. Structural Engineer, Retired.
23    (a) Under Section 2105-15 of the Department of Professional
24Regulation Law of the Civil Administrative Code of Illinois,

 

 

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1the Department may grant the title "Structural Engineer,
2Retired" to any person who has been duly licensed as a
3structural engineer by the Department and who has chosen to
4place on inactive status or not renew his or her license. Those
5persons granted the title "Structural Engineer, Retired" may
6request restoration to active status under the applicable
7provisions of this Act.
8    (b) The use of the title "Structural Engineer, Retired"
9shall not constitute representation of current licensure. Any
10person without an active license shall not be permitted to
11practice structural engineering as defined in this Act.
12    (c) Nothing in this Section shall be construed to require
13the Department to issue any certificate, credential, or other
14official document indicating that a person has been granted the
15title "Structural Engineer, Retired".
 
16    (225 ILCS 340/16)  (from Ch. 111, par. 6616)
17    (Section scheduled to be repealed on January 1, 2020)
18    Sec. 16. Endorsement.
19    (a) The Department may, in its discretion, license as a
20structural engineer upon application in writing on forms or
21electronically accompanied by payment of the required fee,
22issue a license as a structural engineer to an applicant who is
23a structural engineer licensed under the laws of another state,
24the District of Columbia, or territory, if the requirements for
25licensure in that jurisdiction the state or territory were, at

 

 

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1the date of original licensure, substantially equivalent to the
2requirements in force in this State on that date.
3    (b) All applications for endorsement shall provide proof of
4passage of the examinations as approved by the Department by
5rule.
6    (c) If the accuracy of any submitted documentation or
7relevance or sufficiency of the course work or experience is
8questioned by the Department or the Board because of a lack of
9information, discrepancies, or conflicts in information given
10or a need for clarification, the applicant seeking licensure
11may be required to provide additional information.
12    (d) Applicants have 3 years from the date of application to
13complete the application process. If the process has not been
14completed in 3 years, the application shall be denied, the fee
15forfeited and the applicant must reapply and meet the
16requirements in effect at the time of reapplication.
17(Source: P.A. 96-610, eff. 8-24-09.)
 
18    (225 ILCS 340/17)  (from Ch. 111, par. 6617)
19    (Section scheduled to be repealed on January 1, 2020)
20    Sec. 17. Fees.
21    (a) The Department shall provide by rule for a schedule of
22fees to be paid for licenses or registrations by all
23applicants. All fees are not refundable.
24    (b) The fees for the administration and enforcement of this
25the Act, including, but not limited to, original licensure,

 

 

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1firm registration, renewal, and restoration, shall be set by
2rule by the Department.
3    (c) All fees and fines collected as authorized under this
4Act shall be deposited into in the Design Professionals
5Administration and Investigation Fund. Of the moneys deposited
6into the Design Professionals Administration and Investigation
7Fund, the Department may use such funds as necessary and
8available to produce and distribute newsletters to persons
9licensed under this Act.
10(Source: P.A. 91-91, eff. 1-1-00.)
 
11    (225 ILCS 340/17.5 new)
12    Sec. 17.5. Returned checks; fines. Any person who delivers
13a check or other payment to the Department that is returned to
14the Department unpaid by the financial institution upon which
15it is drawn shall pay to the Department, in addition to the
16amount already owed to the Department, a fine of $50. The fines
17imposed by this Section are in addition to any other discipline
18provided under this Act for unlicensed practice or practice on
19a nonrenewed license. The Department shall notify the person
20that payment of fees and fines shall be paid to the Department
21by certified check or money order within 30 calendar days of
22the notification. If, after the expiration of 30 days from the
23date of the notification, the person has failed to submit the
24necessary remittance, the Department shall automatically
25terminate the license or deny the application, without hearing.

 

 

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1If, after termination or denial, the person seeks a license, he
2or she shall apply to the Department for restoration or
3issuance of the license and pay all fees and fines due to the
4Department. The Department may establish a fee for the
5processing of an application for restoration of a license to
6pay all expenses of processing this application. The Secretary
7may waive the fines due under this Section in individual cases
8where the Secretary finds that the fines would be unreasonable
9or unnecessarily burdensome.
 
10    (225 ILCS 340/18)  (from Ch. 111, par. 6618)
11    (Section scheduled to be repealed on January 1, 2020)
12    Sec. 18. Roster. The Department shall maintain a roster of
13all structural engineers licensed under this Act showing their
14names and addresses of record. A roster showing the names and
15addresses of all structural engineers licensed under this Act
16shall be prepared by the Department. This roster shall be
17available upon request and payment of the required fee.
18(Source: P.A. 96-610, eff. 8-24-09.)
 
19    (225 ILCS 340/19)  (from Ch. 111, par. 6619)
20    (Section scheduled to be repealed on January 1, 2020)
21    Sec. 19. Professional design firm registration;
22conditions.
23    (a) Nothing in this Act prohibits the formation, under the
24provisions of the Professional Service Corporation Act, as

 

 

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1amended, of a corporation to practice structural engineering.
2    Any business, including, but not limited to, a Professional
3Service Corporation, that includes within its stated purposes,
4practices, or holds itself out as available to practice,
5structural engineering, shall be registered with the
6Department pursuant to the provisions of this Section.
7    Any sole proprietorship not owned and operated by an
8Illinois licensed design professional licensed under this Act
9shall be prohibited from offering structural engineering
10services to the public. "Illinois licensed design
11professional" means a person who holds an active license as a
12structural engineer under this Act, as an architect under the
13Illinois Architecture Practice Act of 1989, or as a
14professional engineer under the Professional Engineering
15Practice Act of 1989. Any sole proprietorship owned and
16operated by a structural engineer with an active license issued
17under this Act and conducting or transacting such business
18under an assumed name in accordance with the provisions of the
19Assumed Business Name Act shall comply with the registration
20requirements of a professional design firm. Any sole
21proprietorship owned and operated by a structural engineer with
22an active license issued under this Act and conducting or
23transacting such business under the real name of the sole
24proprietor is exempt from the registration requirements of a
25professional design firm.
26    Any partnership which includes within its purpose,

 

 

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1practices, or holds itself out as available to practice
2structural engineering, shall register with the Department
3pursuant to the provisions set forth in this Section.
4    (b) Any professional design firm seeking to be registered
5under the provisions of this Section shall not be registered
6unless at least one managing agent in charge of structural
7engineering activities in this State is designated by the
8professional design firm. A designated managing agent must at
9all times maintain a valid, active license to practice
10structural engineering in Illinois.
11    No individual whose license to practice structural
12engineering in this State is currently in a suspended,
13inactive, or revoked status shall act as a managing agent for a
14professional design firm.
15    (c) No business shall practice or hold itself out as
16available to practice structural engineering until it is
17registered with the Department.
18    (d) Any business seeking to be registered under this
19Section shall apply for a certificate of registration on a form
20provided by the Department and shall provide such information
21as requested by the Department, which shall include but shall
22not be limited to:
23        (1) the name and license number of the person
24    designated as the managing agent in responsible charge of
25    the practice of structural engineering in Illinois. In the
26    case of a corporation, the corporation shall also submit a

 

 

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1    certified copy of the resolution by the board of directors
2    designating the managing agent. In the case of a limited
3    liability company, the company shall submit a certified
4    copy of either its articles of organization or operating
5    agreement designating the managing agent;
6        (2) the names and license numbers of the directors, in
7    the case of a corporation, the members, in the case of a
8    limited liability company, or general partners, in the case
9    of a partnership;
10        (3) a list of all locations at which the professional
11    design firm provides structural engineering services to
12    the public; and
13        (4) A list of all assumed names of the business.
14    Nothing in this Section shall be construed to exempt a
15    professional design firm, sole proprietorship, or
16    professional service corporation from compliance with the
17    requirements of the Assumed Business Name Act.
18    It shall be the responsibility of the professional design
19firm to provide the Department notice, in writing, of any
20changes in the information requested on the application.
21    (e) In the event a managing agent is terminated or
22terminates his or her status as managing agent of the
23professional design firm, such managing agent and the
24professional design firm shall notify the Department of this
25fact in writing, by regular certified mail or email, within 10
26business days of such termination.

 

 

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1    Thereafter, the professional design firm, if it has so
2informed the Department, shall have 30 days in which to notify
3the Department of the name and registration number of a newly
4designated managing agent. If a corporation, the corporation
5shall also submit a certified copy of a resolution by the board
6of directors designating the new managing agent. If a limited
7liability company, the company shall also submit a certified
8copy of either its articles of organization or operating
9agreement designating the new managing agent. The Department
10may, upon good cause shown, extend the original 30-day 30 day
11period.
12    If the professional design firm fails to notify the
13Department in writing, by regular mail or by email, within the
14specified time, the registration shall be terminated without
15prior hearing. Notification of termination shall be sent to the
16address of record by regular mail or by email. If the
17professional design firm continues to operate and offer
18structural engineering services after the termination, the
19Department may seek prosecution under Sections 20, 34, and 20.5
2034a of this Act for the unlicensed practice of structural
21engineering.
22    (f) No professional design firm shall be relieved of
23responsibility for the conduct or acts of its agents,
24employees, members, managers, or officers by reason of its
25compliance with this Section, nor shall any individual
26practicing structural engineering be relieved of the

 

 

10100SB0657ham002- 35 -LRB101 04418 LNS 60780 a

1responsibility for professional services performed by reason
2of the individual's employment or relationship with a
3professional design firm registered under this Section.
4    (g) Disciplinary action against a professional design firm
5registered under this Section shall be administered in the same
6manner and on the same grounds as disciplinary action against a
7licensed structural engineer. All disciplinary action taken or
8pending against a business corporation or partnership before
9the effective date of this amendatory Act of 1993 shall be
10continued or remain in effect without the Department filing
11separate actions.
12    It is unlawful for any person to practice, or to attempt to
13practice, structural engineering, without being licensed under
14this Act. It is unlawful for any business not subject to the
15sole proprietorship exemption to offer or provide structural
16engineering services without active registration issued by the
17Department as a professional design firm or professional
18service corporation.
19(Source: P.A. 96-610, eff. 8-24-09.)
 
20    (225 ILCS 340/20)  (from Ch. 111, par. 6620)
21    (Section scheduled to be repealed on January 1, 2020)
22    Sec. 20. Grounds for disciplinary action Refusal;
23revocation; suspension.
24    (a) The Department may refuse to issue or renew a license
25or registration, or may revoke, a license, or may suspend,

 

 

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1place on probation, reprimand fine, or take other any
2disciplinary or non-disciplinary action as the Department may
3deem proper, including fines a fine not to exceed $10,000 per
4for each violation, with regard to any license issued under the
5provisions of this Act, licensee for any one or a combination
6of the following reasons:
7        (1) Material misstatement in furnishing information to
8    the Department. ;
9        (2) Negligence, incompetence or misconduct in the
10    practice of structural engineering. ;
11        (3) Failure to comply with any provisions of this Act
12    or any of its rules. Making any misrepresentation for the
13    purpose of obtaining licensure;
14        (4) Fraud or any misrepresentation in applying for or
15    procuring a license or registration under this Act or in
16    connection with applying for renewal or restoration of a
17    license or registration under this Act. The affixing of a
18    licensed structural engineer's seal to any plans,
19    specifications or drawings which have not been prepared by
20    or under the immediate personal supervision of that
21    licensed structural engineer or reviewed as provided in
22    this Act;
23        (5) Purposefully making false statements or signing
24    false statements, certificates, or affidavits to induce
25    payment. Conviction of, or entry of a plea of guilty or
26    nolo contendere to, any crime that is a felony under the

 

 

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1    laws of the United States or of any state or territory
2    thereof, or that is a misdemeanor an essential element of
3    which is dishonesty, or any crime that is directly related
4    to the practice of the profession;
5        (6) Conviction of or entry of a plea of guilty or nolo
6    contendere, finding of guilt, jury verdict, or entry of
7    judgment or sentencing, including, but not limited to,
8    convictions, preceding sentences of supervision,
9    conditional discharge, or first offender probation under
10    the laws of any jurisdiction of the United States that is
11    (i) a felony or (ii) a misdemeanor, an essential element of
12    which is dishonesty, that is directly related to the
13    practice of structural engineering. Making a statement of
14    compliance pursuant to the Environmental Barriers Act, as
15    now or hereafter amended, that a plan for construction or
16    alteration of a public facility or for construction of a
17    multi-story housing unit is in compliance with the
18    Environmental Barriers Act when such plan is not in
19    compliance;
20        (7) Aiding or assisting another in violating any
21    provision of this Act or its rules. Failure to comply with
22    any of the provisions of this Act or its rules;
23        (8) Failing to provide information in response to a
24    written request made by the Department within 60 days after
25    receipt of such written request. Aiding or assisting
26    another person in violating any provision of this Act or

 

 

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1    its rules;
2        (9) Engaging in dishonorable, unethical, or
3    unprofessional conduct of a character likely to deceive,
4    defraud, or harm the public, as defined by rule. ;
5        (10) Habitual or excessive use or abuse of drugs
6    defined in law as controlled substances, of alcohol,
7    narcotics, stimulants, or any other substances that
8    results in the inability to practice with reasonable
9    judgment, skill, or safety. Habitual or excessive use or
10    addiction to alcohol, narcotics, stimulants, or any other
11    chemical agent or drug that results in the inability to
12    practice with reasonable judgment, skill, or safety;
13        (11) A finding by the Department that an applicant or
14    licensee has failed to pay a fine imposed by the
15    Department. Failure of an applicant or licensee to pay a
16    fine imposed by the Department or a licensee whose license
17    has been placed on probationary status has violated the
18    terms of probation;
19        (12) A finding by the Department that the licensee,
20    after having his or her license placed on probationary
21    status, has violated the terms of probation or failed to
22    comply with such terms. Discipline by another state,
23    territory, foreign country, the District of Columbia, the
24    United States government, or any other governmental
25    agency, if at least one of the grounds for discipline is
26    the same or substantially equivalent to those set forth in

 

 

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1    this Section;
2        (13) Inability to practice the profession with
3    reasonable judgment, skill, or safety as a result of
4    physical illness, including, but not limited to,
5    deterioration through the aging process, loss of motor
6    skill, mental illness, or disability. Failure to provide
7    information in response to a written request made by the
8    Department within 30 days after the receipt of such written
9    request; or
10        (14) Discipline by another state, territory, foreign
11    country, the District of Columbia, the United States
12    government, or any other government agency if at least one
13    of the grounds for discipline is the same or substantially
14    equivalent to those set forth in this Act Physical illness,
15    including but not limited to, deterioration through the
16    aging process or loss of motor skill, mental illness, or
17    disability which results in the inability to practice the
18    profession of structural engineering with reasonable
19    judgment, skill, or safety.
20        (15) The making of any willfully false oath or
21    affirmation in any matter or proceeding where an oath or
22    affirmation is required by this Act.
23        (16) Using or attempting to use an expired, inactive,
24    suspended, or revoked license or the certificate or seal of
25    another, or impersonating another licensee.
26        (17) Signing or affixing the structural engineer's

 

 

10100SB0657ham002- 40 -LRB101 04418 LNS 60780 a

1    seal or permitting the seal to be affixed to any technical
2    submissions not prepared by the structural engineer or
3    under the structural engineer's supervision and control or
4    not sufficiently reviewed by the licensed structural
5    engineer to ensure that the documents have met the
6    standards of reasonable professional skill and diligence.
7        (18) Making a statement of compliance pursuant to the
8    Environmental Barriers Act that technical submissions
9    prepared by the structural engineer or prepared under the
10    structural engineer's responsible control for construction
11    or alteration of an occupancy required to be in compliance
12    with the Environmental Barriers Act are in compliance with
13    the Environmental Barriers Act when such technical
14    submissions are not in compliance.
15    (a-5) In enforcing this Section, the Department or Board,
16upon a showing of a possible violation, may order a licensee or
17applicant to submit to a mental or physical examination, or
18both, at the expense of the Department. The Department or Board
19may order the examining physician to present testimony
20concerning his or her examination of the licensee or applicant.
21No information shall be excluded by reason of any common law or
22statutory privilege relating to communications between the
23licensee or applicant and the examining physician. The
24examining physicians shall be specifically designated by the
25Board or Department. The licensee or applicant may have, at his
26or her own expense, another physician of his or her choice

 

 

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1present during all aspects of the examination. Failure of a
2licensee or applicant to submit to any such examination when
3directed, without reasonable cause as defined by rule, shall be
4grounds for either the immediate suspension of his or her
5license or immediate denial of his or her application.
6    If the Secretary immediately suspends the license of a
7licensee for his or her failure to submit to a mental or
8physical examination when directed, a hearing must be convened
9by the Department within 15 days after the suspension and
10completed without appreciable delay.
11    If the Secretary otherwise suspends a license pursuant to
12the results of the licensee's mental or physical examination, a
13hearing must be convened by the Department within 15 days after
14the suspension and completed without appreciable delay. The
15Department and Board shall have the authority to review the
16licensee's record of treatment and counseling regarding the
17relevant impairment or impairments to the extent permitted by
18applicable federal statutes and regulations safeguarding the
19confidentiality of medical records.
20    Any licensee suspended under this subsection (a-5) shall be
21afforded an opportunity to demonstrate to the Department or
22Board that he or she can resume practice in compliance with the
23acceptable and prevailing standards under the provisions of his
24or her license.
25    (b) The determination by a circuit court that a licensee is
26subject to involuntary admission or judicial admission, as

 

 

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1provided in the Mental Health and Developmental Disabilities
2Code, operates as an automatic suspension. Such suspension will
3end only upon a finding by a court that the patient is no
4longer subject to involuntary admission or judicial admission,
5the issuance of an order so finding and discharging the
6patient, and the recommendation of the Board to the Secretary
7that the licensee be allowed to resume practice.
8    (c) (Blank).
9    (d) In cases where the Department of Healthcare and Family
10Services (formerly the Department of Public Aid) has previously
11determined that a licensee or a potential licensee is more than
1230 days delinquent in the payment of child support and has
13subsequently certified the delinquency to the Department, the
14Department shall refuse to issue or renew or shall revoke or
15suspend that person's license or shall take other disciplinary
16action against that person based solely upon the certification
17of delinquency made by the Department of Healthcare and Family
18Services in accordance with subdivision (a)(5) of Section
192105-15 of the Department of Professional Regulation Law of the
20Civil Administrative Code of Illinois.
21    (e) The Department shall refuse to issue or renew or shall
22revoke or suspend a person's license or entity's registration
23or shall take other disciplinary action against that person or
24entity for his or her failure to file a return, to pay the tax,
25penalty, or interest shown in a filed return, or to pay any
26final assessment of tax, penalty, or interest as required by

 

 

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1any tax Act administered by the Department of Revenue, until
2such time as the requirements of the tax Act are satisfied in
3accordance with subsection (g) of Section 2105-15 of the
4Department of Professional Regulation Law of the Civil
5Administrative Code of Illinois The Department shall deny a
6license or renewal authorized by this Act to a person who has
7failed to file a return, to pay the tax, penalty, or interest
8shown in a filed return, or to pay any final assessment of tax,
9penalty, or interest as required by any tax Act administered by
10the Department of Revenue, until such time as the requirements
11of the tax Act are satisfied in accordance with subsection (g)
12of Section 2105-15 of the Department of Professional Regulation
13Law of the Civil Administrative Code of Illinois.
14    (f) Persons who assist the Department in good faith as
15consultants or expert witnesses in the investigation or
16prosecution of alleged violations of the Act, licensure
17matters, restoration proceedings, or criminal prosecutions,
18are not liable for damages in any civil action or proceeding as
19a result of such assistance, except upon proof of actual
20malice. The Attorney General of the State of Illinois shall
21defend such persons in any such action or proceeding at no cost
22to the person.
23(Source: P.A. 100-872, eff. 8-14-18.)
 
24    (225 ILCS 340/20.5)
25    (Section scheduled to be repealed on January 1, 2020)

 

 

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1    Sec. 20.5. Unlicensed practice; violation; civil penalty.
2    (a) Use of the title "structural engineer" or any of its
3derivations is limited to those persons or entities licensed or
4registered under this Act. Any person who practices, offers to
5practice, attempts to practice, or holds himself or herself out
6to practice as a structural engineer or structural engineer
7intern without being licensed, enrolled, or exempt under this
8Act shall, in addition to any other penalty provided by law,
9pay a civil penalty to the Department in an amount not to
10exceed $10,000 for each offense, as determined by the
11Department. The civil penalty shall be assessed by the
12Department after a hearing is held in accordance with the
13provisions in this Act regarding the provision of a hearing for
14the discipline of a licensee. Any person who practices, offers
15to practice, attempts to practice, or holds oneself out to
16practice structural engineering without being licensed under
17this Act shall, in addition to any other penalty provided by
18law, pay a civil penalty to the Department in an amount not to
19exceed $10,000 for each offense as determined by the
20Department. The civil penalty shall be assessed by the
21Department after a hearing is held in accordance with the
22provisions set forth in this Act regarding the provision of a
23hearing for the discipline of a licensee.
24    (b) An entity or business that offers structural
25engineering services under this Act without being registered as
26a professional design firm or exempt under this Act shall, as

 

 

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1determined by the Department, in addition to any other penalty
2provided by law, pay a civil penalty to the Department in an
3amount not to exceed $10,000 for each offense, as determined by
4the Department. The civil penalty shall be assessed by the
5Department after a hearing is held in accordance with the
6provisions in this Act regarding the provision of a hearing for
7the discipline of a licensee. The Department has the authority
8and power to investigate any and all unlicensed activity.
9    (c) The Department may investigate any actual, alleged, or
10suspected unlicensed activity. The civil penalty shall be paid
11within 60 days after the effective date of the order imposing
12the civil penalty. The order shall constitute a judgment and
13may be filed and execution had thereon in the same manner as
14any judgment from any court of record.
15    (d) The civil penalty shall be paid within 60 days after
16the effective date of the order imposing the civil penalty. The
17order shall constitute a final judgment and may be filed and
18execution had thereon in the same manner as any judgment from
19any court of record.
20    (e) A person or entity not licensed or registered under
21this Act that has violated any provision of this Act or its
22rules is guilty of a Class A misdemeanor for the first offense
23and a Class 4 felony for a second and subsequent offenses.
24(Source: P.A. 96-610, eff. 8-24-09.)
 
25    (225 ILCS 340/21)  (from Ch. 111, par. 6621)

 

 

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1    (Section scheduled to be repealed on January 1, 2020)
2    Sec. 21. Injunction; cease and desist order.
3    (a) If any person or entity violates a provision of this
4Act, the Secretary may, in the name of the People of the State
5of Illinois, through the Attorney General of the State of
6Illinois, petition for an order enjoining such violation or for
7an order enforcing compliance with this Act. Upon the filing of
8a verified petition in such court, the court may issue a
9temporary restraining order, without notice or bond, and may
10preliminarily and permanently enjoin such violation. If it is
11established that such person has violated or is violating the
12injunction, the court Court may punish the offender for
13contempt of court. Proceedings under this Section are in
14addition to, and not in lieu of, all other remedies and
15penalties provided by this Act.
16    (b) (Blank). If any person practices as a licensed
17structural engineer or holds himself out as a structural
18engineer without being licensed under the provisions of this
19Act, then any licensed structural engineer, any interested
20party or any person injured thereby may, in addition to the
21Secretary, petition for relief as provided in subsection (a) of
22this Section.
23    (c) Whenever in the opinion of the Department any person or
24entity violates any provision of this Act, the Department may
25issue a rule to show cause why an order to cease and desist
26should not be entered against that person or entity. The rule

 

 

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1shall clearly set forth the grounds relied upon by the
2Department and shall provide a period of 7 days from the date
3of the rule to file an answer to the satisfaction of the
4Department. Failure to answer to the satisfaction of the
5Department shall cause an order to cease and desist to be
6issued immediately.
7(Source: P.A. 96-610, eff. 8-24-09.)
 
8    (225 ILCS 340/22)  (from Ch. 111, par. 6622)
9    (Section scheduled to be repealed on January 1, 2020)
10    Sec. 22. Investigations Investigation; notice and hearing.
11    (a) The Department may investigate the actions of any
12applicant or of any person or entity holding or claiming to
13hold a license or registration under this Act.
14    (b) Before the initiation of a formal complaint, the matter
15shall be reviewed by a subcommittee of the Board according to
16procedures established by rule for the Complaint Committee. If
17a subcommittee has not been formed, the matter shall proceed
18through the process as stated in subsection (c) of this
19Section.
20    (c) The Department shall, before disciplining an
21applicant, licensee, or registrant, at least 30 days prior to
22the date set for the hearing, (i) notify in writing the
23applicant, licensee, or registrant of the charges made and the
24time and place for the hearing on the charges, (ii) direct the
25applicant, licensee, or registrant to file a written answer to

 

 

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1the charges under oath within 20 days after the service of the
2notice, and (iii) inform the applicant, licensee, or registrant
3that failure to file a written answer to the charges will
4result in a default being entered against the applicant,
5licensee, or registrant.
6    (d) Written or electronic notice, and any notice in the
7subsequent proceeding, may be served by personal delivery, by
8email, or by mail to the applicant, licensee, or registrant at
9the applicant's, licensee's, or registrant's address of record
10or email address of record.
11    (e) At the time and place fixed in the notice, the Board or
12hearing officer appointed by the Secretary shall proceed to
13hear the charges and the parties or their counsel shall be
14accorded ample opportunity to present any statement,
15testimony, evidence, and argument as may be pertinent to the
16charges or their defense. The Board or hearing officer may
17continue the hearing from time to time.
18    (f) In case the licensee, applicant, or registrant, after
19receiving the notice, fails to file an answer, his or her
20license or registration may, in the discretion of the
21Secretary, having first received the recommendation of the
22Board, be suspended, revoked, or placed on probationary status
23or be subject to whatever disciplinary action the Secretary
24considers proper, including limiting the scope, nature, or
25extent of the person's practice or imposition of a fine,
26without hearing, if the act or acts charged constitute

 

 

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1sufficient grounds for action under this Act.
2The Department may investigate the actions of any applicant or
3any person or entity holding or claiming to hold a license or
4registration or any person or entity practicing, or offering to
5practice structural engineering. Before the initiation of an
6investigation the matter shall be reviewed by a subcommittee of
7the Board according to procedures established by rule for the
8Complaint Committee. The Department shall, before refusing to
9issue, restore or renew a license or registration, or
10discipline a licensee or registrant, at least 30 days prior to
11the date set for the hearing, notify in writing the applicant
12for, or holder of, a license or registration of the nature of
13the charges and that a hearing will be held on the date
14designated. The Department shall direct the applicant or
15licensee or registrant or entity to file a written answer to
16the Board under oath within 20 days after the service of the
17notice and inform the applicant or licensee or registrant or
18entity that failure to file an answer will result in default
19being taken against the applicant or entity or licensee or
20registrant and that the license or certificate may be
21suspended, revoked, placed on probationary status, or other
22disciplinary action may be taken, including limiting the scope,
23nature or extent of practice, as the Secretary may deem proper.
24Written notice may be served by personal delivery or certified
25or registered mail to the respondent at the address of record.
26In case the person or entity fails to file an answer after

 

 

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1receiving notice, his or her license or certificate may, in the
2discretion of the Department, be suspended, revoked, or placed
3on probationary status, or the Department may take whatever
4disciplinary action deemed proper, including limiting the
5scope, nature, or extent of the practice or the imposition of a
6fine, without a hearing, if the act or acts charged constitute
7sufficient grounds for such action under this Act. At the time
8and place fixed in the notice, the Board shall proceed to hear
9the charges and the parties or their counsel shall be accorded
10ample opportunity to present such statements, testimony,
11evidence and argument as may be pertinent to the charges or
12their defense. The Board may continue a hearing from time to
13time.
14(Source: P.A. 96-610, eff. 8-24-09.)
 
15    (225 ILCS 340/23)  (from Ch. 111, par. 6623)
16    (Section scheduled to be repealed on January 1, 2020)
17    Sec. 23. Record of proceedings ; transcript.
18    (a) The Department, at its expense, shall provide a
19certified shorthand reporter to take down the testimony and
20preserve a record of all proceedings at the hearing of any case
21in which a license may be revoked or suspended or a licensee
22placed on probationary status, reprimanded, fined, or
23subjected to other disciplinary action with reference to the
24license when a disciplinary action is authorized under this Act
25and its rules. The notice of hearing, complaint, and all other

 

 

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1documents in the nature of pleadings and written motions filed
2in the proceedings, the transcript of the testimony, the report
3of the Board or hearing officer, and the orders of the
4Department shall be the record of the proceedings. The record
5may be made available to any person interested in the hearing
6upon payment of the fee required by Section 2105-115 of the
7Department of Professional Regulation Law of the Civil
8Administrative Code of Illinois.
9    (b) The Department may contract for court reporting
10services, and, if it does so, the Department shall provide the
11name and contact information for the certified shorthand
12reporter who transcribed the testimony at a hearing to any
13person interested, who may obtain a copy of the transcript of
14any proceedings at a hearing upon payment of the fee specified
15by the certified shorthand reporter.
16The Department, at its expense, shall preserve a record of all
17proceedings at the formal hearing of any case. The notice of
18hearing, complaint and all other documents in the nature of
19pleadings and written motions filed in the proceedings, the
20transcript of testimony, the report of the Board and the orders
21of the Department shall be the record of the proceedings.
22(Source: P.A. 96-610, eff. 8-24-09.)
 
23    (225 ILCS 340/24)  (from Ch. 111, par. 6624)
24    (Section scheduled to be repealed on January 1, 2020)
25    Sec. 24. Subpoenas; depositions; oaths.

 

 

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1    (a) The Department has the power to subpoena documents,
2books, records or other materials and to bring before it any
3person and to take testimony either orally or by deposition, or
4take written interrogatories, or any combination thereof, with
5the same fees and mileage and in the same manner as is
6prescribed in civil cases in the courts of this State.
7    (b) The Secretary, the designated hearing officer, and any
8member of the Board shall each have the power to administer
9oaths to witnesses at any hearing which the Department is
10authorized by law to conduct, and any other oaths required or
11authorized in any Act administered by the Department.
12(Source: P.A. 96-610, eff. 8-24-09.)
 
13    (225 ILCS 340/25)  (from Ch. 111, par. 6625)
14    (Section scheduled to be repealed on January 1, 2020)
15    Sec. 25. Compelling testimony. Any circuit court, upon the
16application of the accused person or of the Department, may, by
17order duly entered, require the attendance of witnesses and the
18production of relevant books and papers before the Department
19relative to the application for or refusal to issue, restore,
20renew, suspend, or revoke a license or discipline a licensee,
21and the court may compel obedience to its order by proceedings
22for contempt.
23(Source: P.A. 86-711.)
 
24    (225 ILCS 340/26)  (from Ch. 111, par. 6626)

 

 

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1    (Section scheduled to be repealed on January 1, 2020)
2    Sec. 26. Hearing; motion for rehearing.
3    (a) The Board or hearing officer appointed by the Secretary
4shall hear evidence in support of the formal charges and
5evidence produced by the applicant, licensee, or registrant. At
6the conclusion of the hearing, the Board or hearing officer
7shall present to the Secretary a written report of its findings
8of fact, conclusions of law, and recommendations. If the Board
9fails to present its report, the applicant, licensee, or
10registrant may request in writing a direct appeal to the
11Secretary, in which case the Secretary may issue an order based
12upon the report of the hearing officer and the record of the
13proceedings or issue an order remanding the matter back to the
14hearing officer for additional proceedings in accordance with
15the order.
16    (b) At the conclusion of the hearing, a copy of the Board
17or hearing officer's report shall be served upon the applicant,
18licensee, or registrant, either personally or as provided in
19this Act for the service of the notice of hearing. Within 20
20calendar days after such service, the applicant, licensee, or
21registrant may present to the Department a motion, in writing,
22for a rehearing which shall specify the particular grounds for
23rehearing. The Department may respond to the motion for
24rehearing within 20 calendar days after its service on the
25Department. If no motion for rehearing is filed, then upon the
26expiration of the time specified for filing such a motion, or

 

 

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1upon denial of a motion for rehearing, the Secretary may enter
2an order in accordance with the recommendations of the Board or
3hearing officer. If the applicant, licensee, or registrant
4orders from the reporting service and pays for a transcript of
5the record within the time for filing a motion for rehearing,
6the 20 calendar day period within which a motion may be filed
7shall commence upon delivery of the transcript to the
8applicant, licensee, or registrant.
9    (c) If the Secretary disagrees in any regard with the
10report of the Board, the Secretary may issue an order contrary
11to the report.
12    (d) Whenever the Secretary is not satisfied that
13substantial justice has been done, the Secretary may order a
14hearing by another hearing officer.
15    (e) At any point in any investigation or disciplinary
16proceeding provided for in this Act, both parties may agree to
17a negotiated consent order. The consent order shall be final
18upon signature of the Secretary.
19At the conclusion of the hearing, the Board shall present to
20the Secretary its written report of its findings and
21recommendations. A copy of the report shall be served upon the
22accused person, either personally or to the address of record.
23The Board may take into consideration in making its
24recommendations for discipline all facts and circumstances
25bearing upon the reasonableness of the conduct of the
26respondent and the potential for future harm to the public,

 

 

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1including but not limited to previous discipline by the
2Department, intent, degree of harm to the public and likelihood
3of harm in the future, any restitution made, and whether the
4incident or incidents complained of appear to be isolated or a
5pattern of conduct. In making its recommendations for
6discipline, the Board shall endeavor to ensure that the
7severity of the discipline recommended bears some reasonable
8relationship to the severity of the violation. Within 20 days
9after such service, the accused person may present to the
10Department a motion in writing for a rehearing, which shall
11specify the particular grounds for rehearing. If the accused
12person orders and pays for a transcript of the record as
13provided in this Section, the time elapsing after payment and
14before the transcript is ready for delivery shall not be
15counted as part of such 20 days. If no motion for rehearing is
16filed, then upon the expiration of the time specified for
17filing the motion, or if a motion for rehearing is denied, then
18upon such denial, the Secretary may enter an order in
19accordance with recommendations of the Board.
20    Whenever the Secretary is not satisfied that substantial
21justice has been done, he may order a rehearing by the same or
22another special board. At the expiration of the time specified
23for filing a motion for a rehearing, the Secretary has the
24right to take the action recommended by the Board. Upon the
25suspension or revocation of his license, a licensee shall be
26required to surrender his license to the Department, and upon

 

 

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1his failure or refusal to do so, the Department shall have the
2right to seize the same.
3(Source: P.A. 96-610, eff. 8-24-09.)
 
4    (225 ILCS 340/27)  (from Ch. 111, par. 6627)
5    (Section scheduled to be repealed on January 1, 2020)
6    Sec. 27. Hearing officer. Notwithstanding any provision in
7this Act, the Secretary has the authority to appoint an
8attorney duly licensed to practice law in the State of Illinois
9to serve as the hearing officer in any action for refusal to
10issue or renew a license or discipline a license. The Board may
11have least one member present at any hearing conducted by the
12hearing officer. The hearing officer shall have full authority
13to conduct the hearing. The hearing officer shall report his or
14her findings of fact, conclusions of law, and recommendations
15to the Board and to the Secretary.
16Notwithstanding the provisions of Section 26 of this Act, the
17Secretary shall have the authority to appoint any attorney duly
18licensed to practice law in the State of Illinois to serve as
19the hearing officer in any action for discipline of a licensee.
20The Director shall notify the Board of any such appointment.
21The hearing officer has full authority to conduct the hearing.
22The Board has the right to have at least one member present at
23any hearing conducted by such hearing officer. The hearing
24officer shall report his findings of fact, conclusions of law
25and recommendations to the Board and the Secretary. The Board

 

 

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1shall have 60 days from receipt of the report to review the
2report of the hearing officer and present their findings of
3fact, conclusions of law and recommendations to the Secretary.
4If the Board fails to present its report within the 60 day
5period, the Secretary shall issue an order based on the report
6of the hearing officer. If the Secretary disagrees in any
7regard with the report of the Board or hearing officer, he or
8she may issue an order in contravention thereof. The Secretary
9may shall notify the Board on any such deviation.
10(Source: P.A. 96-610, eff. 8-24-09.)
 
11    (225 ILCS 340/28)  (from Ch. 111, par. 6628)
12    (Section scheduled to be repealed on January 1, 2020)
13    Sec. 28. Order or certified copy; prima facie proof. An
14order or a certified copy thereof, over the seal of the
15Department and purporting to be signed by the Secretary, shall
16be prima facie proof that:
17        (1) 1. the signature is the genuine signature of the
18    Secretary;
19        (2) 2. the Secretary is duly appointed and qualified;
20    and
21        (3) 3. the Board and the members thereof are qualified
22    to act.
23Such proof may be rebutted.
24(Source: P.A. 96-610, eff. 8-24-09.)
 

 

 

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1    (225 ILCS 340/29)  (from Ch. 111, par. 6629)
2    (Section scheduled to be repealed on January 1, 2020)
3    Sec. 29. Restoration from disciplinary status.
4    (a) At any time after the successful completion of a term
5of probation, suspension, or revocation of any license under
6this Act, the Department may restore the license to the
7licensee upon the written recommendation of the Board, unless
8after an investigation and a hearing the Department determines
9that restoration is not in the public interest.
10    (b) Where circumstances of suspension or revocation so
11indicate, the Department may require an examination of the
12licensee or registrant prior to restoring his or her license or
13registration.
14    (c) No person or entity whose license has been revoked as
15authorized in this Act may apply for restoration of that
16license until such time as provided for in the Department of
17Professional Regulation Law of the Civil Administrative Code of
18Illinois.
19    (d) A license that has been suspended or revoked shall be
20considered nonrenewed for purposes of restoration and a
21licensee restoring his or her license from suspension or
22revocation must comply with the requirements for restoration as
23set forth in Section 14 and any related rules adopted.
24At any time after the refusal to issue, restore, renew or
25suspend or revoke of any license, the Department may issue or
26restore it to the accused person without examination, upon the

 

 

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1written recommendation of the Board.
2(Source: P.A. 86-711.)
 
3    (225 ILCS 340/30)  (from Ch. 111, par. 6630)
4    (Section scheduled to be repealed on January 1, 2020)
5    Sec. 30. Surrender of license or registration. Upon the
6revocation or suspension of any license or registration, the
7licensee or professional design firm shall immediately
8surrender the license, or licenses, or registration to the
9Department and if the licensee or registrant fails to do so,
10the Department shall have the right to seize the license or
11registration.
12(Source: P.A. 86-711.)
 
13    (225 ILCS 340/31)  (from Ch. 111, par. 6631)
14    (Section scheduled to be repealed on January 1, 2020)
15    Sec. 31. Temporary suspension of a license or registration.
16The Secretary may temporarily suspend the license or
17registration of a structural engineer without a hearing,
18simultaneously with the institution of proceedings for a
19hearing provided for in Section 22 of this Act, if the
20Secretary finds that evidence in the Department's his
21possession indicates that a structural engineer's continuation
22in practice would constitute an imminent danger to the public.
23In the event that the Secretary temporarily suspends the
24license or registration of a structural engineer without a

 

 

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1hearing, a hearing by the Board must be commenced within 30
2days after such suspension has occurred.
3(Source: P.A. 96-610, eff. 8-24-09.)
 
4    (225 ILCS 340/32)  (from Ch. 111, par. 6632)
5    (Section scheduled to be repealed on January 1, 2020)
6    Sec. 32. Administrative review.
7    (a) All final administrative decisions of the Department
8under this Act are subject to judicial review pursuant to the
9provisions of the Administrative Review Law, as now or
10hereafter amended, and all its rules adopted pursuant thereto.
11The term "administrative decision" is defined as in Section
123-101 of the Code of Civil Procedure.
13    (b) Proceedings Such proceedings for judicial review shall
14be commenced in the circuit court Circuit Court of the county
15in which the party applying for review resides, but if the ;
16provided, that if such party is not a resident of this State,
17the venue shall be in Sangamon County.
18    (c) The Department shall not be required to certify any
19record to the court or file any answer in court or to otherwise
20appear in any court in a judicial review proceeding unless the
21Department has received from the plaintiff payment of the costs
22of furnishing and certifying the record, which costs shall be
23determined by the Department.
24    (d) Failure on the part of the plaintiff to file a receipt
25in court shall be grounds for dismissal of the action.

 

 

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1    (e) During the pendency and hearing of any and all judicial
2proceedings incident to a disciplinary action the sanctions
3imposed upon the accused by the Department shall remain in full
4force and effect.
5(Source: P.A. 86-711.)
 
6    (225 ILCS 340/32.5 new)
7    Sec. 32.5. Confidentiality. All information collected by
8the Department in the course of an examination or investigation
9of a licensee or applicant, including, but not limited to, any
10complaint against a licensee filed with the Department and
11information collected to investigate any such complaint, shall
12be maintained for the confidential use of the Department and
13shall not be disclosed. The Department may not disclose the
14information to anyone other than law enforcement officials,
15other regulatory agencies that have an appropriate regulatory
16interest as determined by the Secretary, or a party presenting
17a lawful subpoena to the Department. Information and documents
18disclosed to a federal, State, county, or local law enforcement
19agency shall not be disclosed by the agency for any purpose to
20any other agency or person. A formal complaint filed against a
21licensee by the Department or any order issued by the
22Department against a licensee or applicant shall be a public
23record, except as otherwise prohibited by law.
 
24    (225 ILCS 340/35)  (from Ch. 111, par. 6635)

 

 

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1    (Section scheduled to be repealed on January 1, 2020)
2    Sec. 35. Illinois Administrative Procedure Act. The
3Illinois Administrative Procedure Act is hereby expressly
4adopted and incorporated herein as if all of the provisions of
5that Act were included in this Act, except that the provision
6of subsection (d) of Section 10-65 of the Illinois
7Administrative Procedure Act that provides that at hearings the
8licensee has the right to show compliance with all lawful
9requirements for retention, continuation or renewal of the
10license is specifically excluded. For the purposes of this Act,
11the notice required under Section 10-25 of the Illinois
12Administrative Procedure Act is deemed sufficient when mailed
13or emailed to the last known address of record a party.
14(Source: P.A. 88-45.)
 
15    (225 ILCS 340/36)  (from Ch. 111, par. 6636)
16    (Section scheduled to be repealed on January 1, 2020)
17    Sec. 36. Fund; appropriations; investments; audits. Moneys
18collected under this Act and deposited into in the Design
19Professionals Administration and Investigation Fund shall be
20appropriated to the Department exclusively for expenses of the
21Department and the Board in the administration of this Act, the
22Illinois Professional Land Surveyor Act of 1989, the
23Professional Engineering Practice Act of 1989, and the Illinois
24Architecture Practice Act. The expenses of the Department under
25this Act shall be limited to the ordinary and contingent

 

 

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1expenses of the Design Professionals Dedicated Employees
2within the Department as established under Section 2105-75 of
3the Department of Professional Regulation Law of the Civil
4Administrative Code of Illinois (20 ILCS 2105/2105-75) and
5other expenses related to the administration and enforcement of
6this Act.
7    Moneys from the Fund may also be used for direct and
8allocable indirect costs related to the public purposes of the
9Department of Professional Regulation. Moneys in the Fund may
10be transferred to the Professions Indirect Cost Fund as
11authorized by Section 2105-300 of the Department of
12Professional Regulation Law of the Civil Administrative Code of
13Illinois (20 ILCS 2105/2105-300).
14    Moneys in the Design Professionals Administration and
15Investigation Fund may be invested and reinvested, with all
16earnings received from the investments to be deposited into in
17the Design Professionals Administration and Investigation Fund
18and used for the same purposes as fees deposited into in the
19Fund.
20    All fines and penalties under Sections 20 and 20.5 34 shall
21be deposited into in the Design Professionals Administration
22and Investigation Fund.
23    Upon the completion of any audit of the Department, as
24prescribed by the Illinois State Auditing Act, that includes an
25audit of the Design Professionals Administration and
26Investigation Fund, the Department shall make the audit open to

 

 

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1inspection by any interested person. The copy of the audit
2report required to be submitted to the Department by this
3Section is in addition to copies of audit reports required to
4be submitted to other State officers and agencies by Section
53-14 of the Illinois State Auditing Act.
6(Source: P.A. 91-239, eff. 1-1-00.)
 
7    (225 ILCS 340/4.5 rep.)
8    (225 ILCS 340/33 rep.)
9    (225 ILCS 340/34 rep.)
10    Section 15. The Structural Engineering Practice Act of 1989
11is amended by repealing Sections 4.5, 33, and 34.
 
12    Section 99. Effective date. This Act takes effect upon
13becoming law.".