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1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Regulatory Sunset Act is amended by changing
5Section 4.30 and by adding Section 4.40 as follows:
 
6    (5 ILCS 80/4.30)
7    Sec. 4.30. Acts repealed on January 1, 2020. The following
8Acts are repealed on January 1, 2020:
9    The Auction License Act.
10    The Community Association Manager Licensing and
11Disciplinary Act.
12    The Illinois Architecture Practice Act of 1989.
13    The Illinois Landscape Architecture Act of 1989.
14    The Illinois Professional Land Surveyor Act of 1989.
15    The Orthotics, Prosthetics, and Pedorthics Practice Act.
16    The Perfusionist Practice Act.
17    The Pharmacy Practice Act.
18    The Professional Engineering Practice Act of 1989.
19    The Real Estate License Act of 2000.
20    The Structural Engineering Practice Act of 1989.
21(Source: P.A. 100-497, eff. 9-8-17; 100-534, eff. 9-22-17;
22100-863, eff. 8-14-18.)
 

 

 

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1    (5 ILCS 80/4.40 new)
2    Sec. 4.40. Act repealed on January 1, 2030. The following
3Act is repealed on January 1, 2030:
4    The Illinois Professional Land Surveyor Act of 1989.
 
5    Section 10. The Illinois Professional Land Surveyor Act of
61989 is amended by changing Sections 4, 5, 6, 7, 8, 10, 11, 12,
713, 14, 15, 16, 17, 18, 18.5, 19, 20, 21, 25, 27, 28, 29, 30,
831, 33, 36, 38, 40, 41, 44, 45, 46, and 48 and by adding
9Sections 4.5, 15.5, and 19.5 as follows:
 
10    (225 ILCS 330/4)  (from Ch. 111, par. 3254)
11    (Section scheduled to be repealed on January 1, 2020)
12    Sec. 4. Definitions. As used in this Act:
13    (a) "Department" means the Department of Financial and
14Professional Regulation.
15    (b) "Secretary" means the Secretary of the Department of
16Financial and Professional Regulation.
17    (c) "Board" means the Land Surveyors Licensing Board.
18    (d) "Direct supervision and control" means the personal
19review by a licensed professional land surveyor Licensed
20Professional Land Surveyor of each survey, including, but not
21limited to, procurement, research, field work, calculations,
22preparation of legal descriptions and plats. The personal
23review shall be of such a nature as to assure the client that
24the professional land surveyor Professional Land Surveyor or

 

 

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1the firm for which the professional land surveyor Professional
2Land Surveyor is employed is the provider of the surveying
3services.
4    (e) "Responsible charge" means an individual responsible
5for the various components of the land survey operations
6subject to the overall supervision and control of the
7professional land surveyor Professional Land Surveyor.
8    (f) "Design professional" means a land surveyor,
9architect, structural engineer, or professional engineer
10licensed in conformance with this Act, the Illinois
11Architecture Practice Act of 1989, the Structural Engineering
12Practice Act of 1989, or the Professional Engineering Practice
13Act of 1989.
14    (g) "Professional land surveyor Land Surveyor" means any
15person licensed under the laws of the State of Illinois to
16practice land surveying, as defined by this Act or its rules.
17    (h) "Surveyor intern Intern" means any person licensed
18under the laws of the State of Illinois who has qualified for,
19taken, and passed an examination in the fundamental land
20surveying subjects as provided by this Act or its rules.
21    (i) "Land surveying experience" means those activities
22enumerated in Section 5 of this Act, which, when exercised in
23combination, to the satisfaction of the Board, is proof of an
24applicant's broad range of training in and exposure to the
25prevailing practice of land surveying.
26    (j) "Address of record" means the designated address

 

 

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1recorded by the Department in the applicant's or licensee's
2application file or license file maintained by the Department's
3licensure maintenance unit. It is the duty of the applicant or
4licensee to inform the Department of any change of address, and
5such changes must be made either through the Department's
6website or by contacting the Department's licensure
7maintenance unit.
8    (k) "Standard of care" means the use of the same degree of
9knowledge, skill, and ability as an ordinarily careful and
10reasonable professional land surveyor would exercise under
11similar circumstances.
12    (l) "Establishing" means performing an original survey. An
13original survey establishes boundary lines within an original
14division of a tract of land which has theretofore existed as
15one unit or parcel and describing and monumenting a line or
16lines of a parcel or tract of land on the ground for the first
17time. An original surveyor is the creator of one or more new
18boundary lines.
19    (m) "Reestablishing" or "locating" means performing a
20retracement survey. A retracement survey tracks the footsteps
21of the original surveyor, locating boundary lines and corners
22which have been established by the original survey. A
23retracement survey cannot establish new corners or lines or
24correct errors of the original survey.
25    (n) "Boundary law principles" means applying the
26decisions, results, and findings of land boundary cases that

 

 

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1concern the establishment of boundary lines and corners.
2    (o) "Email address of record" means the designated email
3address of record by the Department in the applicant's
4application file or the licensee's license file as maintained
5by the Department's licensure maintenance unit.
6(Source: P.A. 100-171, eff. 1-1-18.)
 
7    (225 ILCS 330/4.5 new)
8    Sec. 4.5. Address of record; email address of record. All
9applicants and licensees shall:
10        (1) provide a valid address and email address to the
11    Department, which shall serve as the address of record and
12    email address of record, respectively, at the time of
13    application for licensure or renewal of a license; and
14        (2) inform the Department of any change of address of
15    record or email address of record within 14 days after such
16    change either through the Department's website or by
17    contacting the Department's licensure maintenance unit.
 
18    (225 ILCS 330/5)  (from Ch. 111, par. 3255)
19    (Section scheduled to be repealed on January 1, 2020)
20    Sec. 5. Practice of land surveying defined. Any person who
21practices in Illinois as a professional land surveyor who
22renders, offers to render, or holds himself or herself out as
23able to render, or perform any service, the adequate
24performance of which involves the special knowledge of the art

 

 

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1and application of the principles of the accurate and precise
2measurement of length, angle, elevation or volume,
3mathematics, the related physical and applied sciences, and the
4relevant requirements of applicable boundary law principles
5and performed with the appropriate standard of care, all of
6which are acquired by education, training, experience, and
7examination. Any one or a combination of the following
8practices constitutes the practice of land surveying:
9        (a) Establishing or reestablishing, locating,
10    defining, and making or monumenting land boundaries or
11    title or real property lines and the platting of lands and
12    subdivisions;
13        (b) Determining the area or volume of any portion of
14    the earth's surface, subsurface, or airspace with respect
15    to boundary lines, determining the configuration or
16    contours of any portion of the earth's surface, subsurface,
17    or airspace or the location of fixed objects thereon,
18    except as performed by photogrammetric methods by persons
19    holding certification from the American Society of
20    Photogrammetry and Remote Sensing or substantially similar
21    certification as approved by the Department, or except when
22    the level of accuracy required is less than the level of
23    accuracy required by the National Society of Professional
24    Surveyors Model Standards and Practice;
25        (c) Preparing descriptions for the determination of
26    title or real property rights to any portion or volume of

 

 

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1    the earth's surface, subsurface, or airspace involving the
2    lengths and direction of boundary lines, areas, parts of
3    platted parcels or the contours of the earth's surface,
4    subsurface, or airspace;
5        (d) Labeling, designating, naming, preparing, or
6    otherwise identifying legal lines or land title lines of
7    the United States Rectangular System or any subdivision
8    thereof on any plat, map, exhibit, photograph,
9    photographic composite, or mosaic or photogrammetric map
10    of any portion of the earth's surface for the purpose of
11    recording and amending the same by the issuance of a
12    certificate of correction in the Office of Recorder in any
13    county;
14        (e) Any act or combination of acts that would be viewed
15    as offering professional land surveying services
16    including:
17             (1) setting monuments which have the appearance of
18        or for the express purpose of marking land boundaries,
19        either directly or as an accessory;
20             (2) providing any sketch, map, plat, report,
21        monument record, or other document which indicates
22        land boundaries and monuments, or accessory monuments
23        thereto, except that if the sketch, map, plat, report,
24        monument record, or other document is a copy of an
25        original prepared by a professional land surveyor
26        Professional Land Surveyor, and if proper reference to

 

 

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1        that fact be made on that document;
2            (3) performing topographic surveys, with the
3        exception of a licensed professional engineer
4        knowledgeable in topographical surveys who that
5        performs a topographical survey specific to his or her
6        design project. A licensed professional engineer may
7        not, however, offer topographic surveying services
8        that are independent of his or her specific design
9        project; or
10            (4) locating, relocating, establishing,
11        reestablishing, retracing, laying out, or staking of
12        the location, alignment, or elevation of any existing
13        or proposed improvements whose location is dependent
14        upon property, easement, and right-of-way boundaries;
15            (5) providing consultation, investigation,
16        planning, mapping, assembling, and authoritative
17        interpretation of gathered measurements, documents,
18        and evidence in relation to the location of property,
19        easement, and right-of-way boundaries; or
20            (6) measuring, evaluating, mapping, or reporting
21        the location of existing or proposed buildings,
22        structures, or other improvements or their surrounding
23        topography with respect to current flood insurance
24        rate mapping or federal emergency management agency
25        mapping along with locating of inland wetland
26        boundaries delineated by a qualified specialist in

 

 

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1        relation to the location of property, easement, and
2        right-of-way boundaries.
3        (f) Determining the horizontal or vertical position or
4    state plane coordinates for any monument or reference point
5    that marks a title or real property line, boundary, or
6    corner, or to set, reset, or replace any monument or
7    reference point on any title or real property;
8        (g) Creating, preparing, or modifying electronic or
9    computerized data or maps, including land information
10    systems and geographic information systems, relative to
11    the performance of activities in items (a), (b), (d), (e),
12    (f), and (h) of this Section, except where electronic means
13    or computerized data is otherwise utilized to integrate,
14    display, represent, or assess the created, prepared, or
15    modified data;
16        (h) Determining or adjusting any control network or any
17    geodetic control network or cadastral data as it pertains
18    to items (a) through (g) of this Section together with the
19    assignment of measured values to any United States
20    Rectangular System corners, title or real property corner
21    monuments or geodetic monuments;
22        (i) Preparing and attesting to the accuracy of a map or
23    plat showing the land boundaries or lines and marks and
24    monuments of the boundaries or of a map or plat showing the
25    boundaries of surface, subsurface, or air rights;
26        (j) Executing and issuing certificates, endorsements,

 

 

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1    reports, or plats that portray the horizontal or vertical
2    relationship between existing physical objects or
3    structures and one or more corners, datums, or boundaries
4    of any portion of the earth's surface, subsurface, or
5    airspace;
6        (k) Acting in direct supervision and control of land
7    surveying activities or acting as a manager in any place of
8    business that solicits, performs, or practices land
9    surveying;
10        (l) Boundary analysis and determination of property,
11    easement, or right-of-way lines on any plat submitted for
12    regulatory review by governmental or municipal agencies;
13        (m) Offering or soliciting to perform any of the
14    services set forth in this Section.
15    In the performance of any of the foregoing functions, a
16licensee shall adhere to the standards of professional conduct
17enumerated in 68 Ill. Adm. Code 1270.57. Nothing contained in
18this Section imposes upon a person licensed under this Act the
19responsibility for the performance of any of the foregoing
20functions unless such person specifically contracts to perform
21such functions.
22(Source: P.A. 100-171, eff. 1-1-18.)
 
23    (225 ILCS 330/6)  (from Ch. 111, par. 3256)
24    (Section scheduled to be repealed on January 1, 2020)
25    Sec. 6. Powers and duties of the Department. (a) The

 

 

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1Department shall exercise the powers and duties prescribed by
2The Illinois Administrative Procedure Act for the
3administration of licensing Acts. The Department shall also
4exercise, subject to the provisions of this Act, the following
5functions, powers, and duties:
6        (1) Authorize Conduct or authorize examinations to
7    ascertain the fitness and qualifications of applicants for
8    licensure and pass upon the qualifications and fitness of
9    applicants for licensure by endorsement issue licenses to
10    those who are found to be fit and qualified.
11        (2) Adopt rules required for the administration of this
12    Act Prescribe rules for a method of examination.
13        (3) Conduct hearings on proceedings to refuse to issue
14    or renew, revoke, or suspend licenses, or place on
15    probation or reprimand persons or entities licensed under
16    this Act or refuse to issue, renew, or restore a license,
17    or other disciplinary actions.
18        (4) Adopt rules for what constitutes land surveying
19    experience Promulgate rules and regulations required for
20    the administration of this Act.
21        (5) Adopt rules defining what constitutes an approved
22    surveying or related science curriculum License
23    corporations, partnerships, and all other business
24    entities for the practice of professional surveying and
25    issue a license to those who qualify.
26        (6) Issue licenses to those who meet the requirements

 

 

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1    of this Act Prescribe, adopt, and amend rules as to what
2    shall constitute a surveying or related science
3    curriculum, determine if a specific surveying curriculum
4    is in compliance with the rules, and terminate the approval
5    of a specific surveying curriculum for non-compliance with
6    such rules.
7        (7) Maintain membership in the National Council of
8    Engineering Examiners or a similar organization and
9    participate in activities of the Council or organization by
10    designating individuals for the various classifications of
11    membership and appoint delegates for attendance at zone and
12    national meetings of the Council or organization.
13        (8) Obtain written recommendations from the Board
14    regarding qualification of individuals for licensing,
15    definition of curriculum content and approval of surveying
16    curriculums, standards of professional conduct and
17    disciplinary actions, adopt promulgate and amend the rules
18    affecting these matters, and consult with the Board on
19    other matters affecting administration of this the Act.
20        (8.5) Review application qualifications to sit for the
21    examination or for licensure that the Board designates
22    pursuant to Section 8.
23        (9) Adopt (a-5) The Department may promulgate rules for
24    a Code of Ethics and Standards of Practice to be followed
25    by persons licensed under this Act. The Department shall
26    consider the recommendations of the Board in establishing

 

 

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1    the Code of Ethics and Standards of Practice.
2        (10) Conduct investigations related to possible
3    violations of this Act.
4        (11) Post on the Department's website a newsletter
5    describing the most recent changes to this Act and the
6    rules adopted under this Act and containing information of
7    any final disciplinary action that has been ordered under
8    this Act since the date of the last newsletter.
9    Upon the issuance of any final decision or order that
10deviates from any report or recommendation of the Board
11relating to the qualification of applicants, discipline of
12licensees or registrants, or adoption of rules, the Secretary
13shall notify the Board on any such deviation and shall specify
14with particularity the reason for the action in the final
15decision or order.
16    (b) The Department shall consult with the Board in
17promulgating rules. Notice of proposed rulemaking shall be
18transmitted to the Board and the Department shall review the
19Board's response and recommendations.
20    (c) The Department shall review the Board's recommendation
21of the applicants' qualifications. The Secretary shall notify
22the Board in writing with an explanation of any deviation from
23the Board's recommendation. After review of the Secretary's
24explanation of his or her reasons for deviation, the Board
25shall have the opportunity to comment upon the Secretary's
26decision.

 

 

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1    Whenever the Secretary is not satisfied that substantial
2justice has been done in the revocation or suspension of a
3license or other disciplinary action, the Secretary may order
4re-hearing by the same or other boards.
5(Source: P.A. 96-626, eff. 8-24-09.)
 
6    (225 ILCS 330/7)  (from Ch. 111, par. 3257)
7    (Section scheduled to be repealed on January 1, 2020)
8    Sec. 7. Creation of the Board; Composition and
9qualifications and terms of the Board.
10    (a) The Secretary shall appoint a Professional Land
11Surveyor Board. The Board shall be appointed by the Secretary
12and shall consist of 7 members who shall serve in an advisory
13capacity to the Secretary , one of whom shall be a public
14member and 6 of whom shall be Professional Land Surveyors. All
15The members shall be residents of Illinois. Six members Each
16Professional Land Surveyor member shall (i) (a) currently hold
17a valid professional land surveyor Professional Land Surveyor
18license in Illinois and shall have held the license under this
19Act or its predecessor for the preceding previous 10 years year
20period, and (ii) shall not (b) have not been disciplined within
21the preceding last 10 years year period under this Act or its
22predecessor. In addition to the 6 professional land surveyors,
23there shall be one public member. The public member shall be a
24voting member and shall not be licensed under this Act or any
25other design profession licensing Act that the Department

 

 

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1administers.
2    (b) Board members Members shall be appointed who reasonably
3represent the different geographic areas of Illinois and shall
4serve for 5-year 5 year terms, and until their successors are
5qualified and appointed.
6    (c) In appointing members to the Board, the Secretary shall
7give due consideration to recommendations by members and
8organizations of the professional land surveyor profession.
9    (d) The membership of the Board should reasonably reflect
10representation from the geographic areas in this State.
11    (e) No member shall be reappointed to the Board for a term
12that would cause his or her continuous service on the Board to
13be longer than 2 consecutive 5-year terms.
14    (f) Appointments to fill vacancies shall be made in the
15same manner as original appointments for the unexpired portion
16of the vacated term.
17    (g) Four members shall constitute a quorum. A quorum is
18required for Board decisions.
19    (h) The Secretary may remove any member of the Board for
20misconduct, incompetence, or neglect of duty or for reasons
21prescribed by law for removal of State officials. The Secretary
22may remove a member of the Board who does not attend 2
23consecutive meetings.
24    (i) Notice of proposed rulemaking shall be transmitted to
25the Board and the Department shall review the response of the
26Board and any recommendations made therein.

 

 

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1    (j) Members of the Board shall not be liable for damages in
2any action or proceeding as a result of activities performed as
3members of the Board, except upon proof of actual malice.
4    (k) Members of the Board shall be reimbursed for all
5legitimate, necessary, and authorized expenses.
6A member shall not be eligible for appointment to more than 10
7years in a lifetime. Appointments to fill vacancies shall be
8made for the unexpired portion of the term. Board members
9currently appointed under this Act and in office on the
10effective date of this Act shall continue to hold office until
11their terms expire and they are replaced. All appointments
12shall be made on the basis of individual professional
13qualifications with the exception of the public member and
14shall not be based upon race, sex, or religious or political
15affiliations.
16    Each member of the Board may receive compensation when
17attending to the work of the Board or any of its committees and
18for time spent in necessary travel. In addition, members shall
19be reimbursed for actual traveling, incidentals, and expenses
20necessarily incurred in carrying out their duties as members of
21the Board.
22    The Secretary may consider the advice and recommendations
23of the Board on issues involving standards of professional
24conduct, discipline, and qualifications of the candidates and
25licensees under this Act.
26    The Secretary shall give due consideration to a current

 

 

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1list of candidates, as submitted by members of the land
2surveying profession and by affiliated organizations.
3    Members of the Board shall be immune from suit in any
4action based upon any disciplinary proceedings or other
5activities performed in good faith as members of the Board.
6    The Secretary may remove any member of the Board for
7misconduct, incompetence, neglect of duty, or for any reason
8prescribed by law for removal of State Officials or for not
9attending 2 consecutive Board meetings.
10(Source: P.A. 96-626, eff. 8-24-09.)
 
11    (225 ILCS 330/8)  (from Ch. 111, par. 3258)
12    (Section scheduled to be repealed on January 1, 2020)
13    Sec. 8. Powers and duties of the Board; quorum. Subject to
14the provisions of this Act, the Board shall exercise the
15following functions, powers, and duties:
16        (a) The Board shall hold at least 3 regular meetings
17    each year. Review applicant qualifications to sit for the
18    examination or for licensure and shall make
19    recommendations to the Department except for those
20    applicant qualifications that the Board designates as
21    routinely acceptable;
22        (b) The Board shall annually elect a chairperson and a
23    vice chairperson who shall be Illinois licensed
24    professional land surveyors. Conduct hearings regarding
25    disciplinary actions and submit a written report to the

 

 

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1    Secretary as required by this Act and provide a Board
2    member at informal conferences;
3        (c) The Board, upon request by the Department, may make
4    a curriculum evaluation to approve a land surveying degree
5    or a related science degree and submit to the Secretary a
6    written recommendation of acceptability of a curriculum.
7    Visit universities or colleges to evaluate surveying
8    curricula and submit to the Secretary a written
9    recommendation of acceptability of the curriculum;
10        (d) (Blank). Submit a written recommendation to the
11    Secretary concerning promulgation or amendment of rules
12    for the administration of this Act;
13        (e) The Department may at any time seek the expert
14    advice and knowledge of the Board on any matter relating to
15    the enforcement of this Act. ;
16        (f) The Board may appoint a subcommittee to serve as a
17    Complaint Committee to recommend the disposition of case
18    files according to procedures established by rule. ;
19        (g) The Board shall assist the Department in conducting
20    oral interviews, disciplinary conferences, informal
21    conferences, and formal evidentiary hearings.
22        (h) The Board shall review applicant qualifications to
23    sit for the examination for licensure and shall make
24    recommendations to the Department except for those
25    applicant qualifications that the Board designates as
26    routinely acceptable.

 

 

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1        (g) Hold at least 3 regular meetings each year; and
2    (h) The Board shall annually elect a Chairperson and a Vice
3Chairperson who shall be licensed Illinois Professional Land
4Surveyors.
5    A quorum of the Board shall consist of 4 members. A quorum
6is required for all Board decisions.
7    Subject to the provisions of this Act, the Board may
8exercise the following duties as deemed necessary by the
9Department: (i) review education and experience qualifications
10of applicants, including conducting oral interviews; (ii)
11determine eligibility as a Professional Land Surveyor or
12Surveyor Intern; and (iii) submit to the Secretary
13recommendations on applicant qualifications for enrollment and
14licensure.
15(Source: P.A. 100-171, eff. 1-1-18.)
 
16    (225 ILCS 330/10)  (from Ch. 111, par. 3260)
17    (Section scheduled to be repealed on January 1, 2020)
18    Sec. 10. Application for licensure original license.
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 not be refundable. All applications shall contain
23information that, in the judgment of the Department, will
24enable the Department to pass on the qualifications of the
25applicant for a license as a professional land surveyor or

 

 

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1surveyor intern. The Department may require an applicant, at
2the applicant's expense, to have an evaluation of the
3applicant's education in a foreign country by a nationally
4recognized evaluation service approved by the Department in
5accordance with rules adopted by the Department.
6    (b) Applicants have 3 years from the date of application to
7complete the application process. If the process has not been
8completed in 3 years, the application shall be denied, the fee
9shall be forfeited, and the applicant must reapply and meet the
10requirements in effect at the time of reapplication.
11Every person who desires to obtain a license shall apply to the
12Department in writing, upon forms prepared and furnished by the
13Department. Each application shall contain statements made
14under oath, showing the applicant's education, a detailed
15summary of his or her land surveying experience, and
16verification of the applicant's land surveying experience by
17the applicant's supervisor who shall be a land surveyor
18licensed in this State or any other state or territory of the
19U.S. where experience is similar and who shall certify the
20applicant's experience, and the application shall be
21accompanied with the required fee. The Department may require
22an applicant, at the applicant's expense, to have an evaluation
23of the applicant's education in a foreign country by an
24evaluating service approved by the Department in accordance
25with rules prescribed by the Department.
26    An applicant who graduated from a land surveying program

 

 

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1outside the United States or its territories and whose first
2language is not English shall submit certification of passage
3of the Test of English as a Foreign Language (TOEFL) and a test
4of spoken English as defined by rule.
5(Source: P.A. 96-626, eff. 8-24-09.)
 
6    (225 ILCS 330/11)  (from Ch. 111, par. 3261)
7    (Section scheduled to be repealed on January 1, 2020)
8    Sec. 11. Examination; failure or refusal to take.
9    (a) The Department shall authorize examinations of
10applicants for a license under this Act at such times and
11places as it may determine by rule. The examinations shall be
12of a character to give a fair test of the qualifications of the
13applicant to practice as a professional land surveyor or
14surveyor intern.
15    (b) Applicants for examination are required to pay, either
16to the Department or the designated testing service, a fee
17covering the cost of providing the examination. Failure to
18appear for the examination on the scheduled date, at the time
19and place specified, after the applicant's application for
20examination has been received and acknowledged by the
21Department or the designated testing service, shall result in
22the forfeiture of the examination fee.
23    (c) If an applicant fails to pass an examination for
24licensure under this Act within 3 years after filing the
25application, the application shall be denied. However, such

 

 

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1applicant may thereafter make a new application for examination
2accompanied by the required fee and must furnish proof of
3meeting the qualifications for examination in effect at the
4time of new application.
5    (d) All applicants for licensing as a professional land
6surveyor shall be required to pass a jurisdictional examination
7to determine the applicant's knowledge of the surveying tasks
8unique to the State of Illinois and the laws relating thereto.
9The Department shall authorize examinations, as recommended
10and approved by the Board, for licensure as Surveyor Interns
11and Professional Land Surveyors at such times and places as it
12may determine.
13    The examination of an applicant for licensure as a Surveyor
14Intern or a Professional Land Surveyor may include examinations
15as defined by rule. The substance and form of the examination
16shall be as recommended and approved by the Board. Each
17applicant shall be examined as to his knowledge of the statutes
18of the United States of America and the State of Illinois
19relating to the practice of land surveying and mathematics as
20applied to land surveying.
21    All applicants for licensing as a Professional Land
22Surveyor shall be required to pass, as a portion of the
23examination, a jurisdictional examination to determine the
24applicant's knowledge of the surveying tasks unique to the
25State of Illinois, and the laws relating thereto.
26    Applicants for any examination shall be required to pay,

 

 

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1either to the Department or the designated testing service, a
2fee covering the cost of providing the examination. Failure to
3appear for the examination on the scheduled date, at the time
4and place specified, after the applicant's application for
5examination has been received and acknowledged by the
6Department or the designated testing service, shall result in
7the forfeiture of the examination fee. If an applicant
8neglects, fails, or refuses to take an examination for
9registration under this Act within 3 years after filing his
10application, the application fee shall be forfeited to the
11Department and the application denied. However, the applicant
12may thereafter make a new application for examination,
13accompanied by the required fee.
14(Source: P.A. 100-171, eff. 1-1-18.)
 
15    (225 ILCS 330/12)  (from Ch. 111, par. 3262)
16    (Section scheduled to be repealed on January 1, 2020)
17    Sec. 12. Qualifications for licensing.
18    (a) A person is qualified to receive a license as a
19professional land surveyor Professional Land Surveyor and the
20Department shall issue a license to a person:
21        (1) who has applied in writing in the required form to
22    the Department or electronically;
23        (2) (blank);
24        (2) (2.5) who has not violated any provision of this
25    Act or its rules;

 

 

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1        (3) who is of good ethical character, including
2    compliance with the Code of Ethics and Standards of
3    Practice adopted promulgated by rule under pursuant to this
4    Act, and has not committed an act or offense in any
5    jurisdiction that would constitute grounds for discipline
6    of a land surveyor licensed under this Act;
7        (4) who has been issued a license as a surveyor intern
8    Surveyor Intern;
9        (5) who, subsequent to passing the examination
10    authorized by the Department for licensure as a surveyor
11    intern Surveyor Intern, has at least 4 years of responsible
12    charge experience verified by a professional land surveyor
13    in direct supervision and control of his or her activities;
14        (6) who has passed an examination authorized by the
15    Department to determine his or her fitness to receive a
16    license as a professional land surveyor Professional Land
17    Surveyor; and
18        (7) who satisfies one of the following educational
19    requirements:
20            (A) is a graduate of an approved land surveying
21        curriculum of at least 4 years who has passed an
22        examination in the fundamentals of surveying, as
23        defined by rule; or
24            (B) is a graduate of a baccalaureate curriculum of
25        at least 4 years, including at least 24 semester hours
26        of land surveying courses from an approved land

 

 

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1        surveying curriculum and the related science courses,
2        who has passed an examination in the fundamentals of
3        surveying, as defined by rule.
4    (b) A person is qualified to receive a license as a
5surveyor intern Surveyor Intern and the Department shall issue
6a license to a person:
7        (1) who has applied in writing in the required form
8    provided by the Department or electronically;
9        (2) (blank);
10        (3) who is of good moral character;
11        (4) who has the required education as set forth in this
12    Act; and
13        (5) who has passed an examination authorized by the
14    Department to determine his or her fitness to receive a
15    license as a surveyor intern Surveyor Intern in accordance
16    with this Act.
17    In determining moral character under this Section, the
18Department may take into consideration whether the applicant
19has engaged in conduct or actions that would constitute grounds
20for discipline under this Act.
21(Source: P.A. 100-171, eff. 1-1-18.)
 
22    (225 ILCS 330/13)  (from Ch. 111, par. 3263)
23    (Section scheduled to be repealed on January 1, 2020)
24    Sec. 13. Minimum standards for enrollment as a surveyor
25intern Surveyor Intern. To enroll as a surveyor intern Surveyor

 

 

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1Intern, an applicant must be:
2        (1) a graduate of an approved land surveying curriculum
3    of at least 4 years who has passed an examination in the
4    fundamentals of surveying, as defined by rule;
5        (2) an applicant in the last year of an approved land
6    surveying or related science curriculum who passes an
7    examination in the fundamentals of surveying, as defined by
8    rule, and furnishes proof that the applicant graduated
9    within a 12-month period following the examination; or
10        (3) a graduate of a baccalaureate curriculum of at
11    least 4 years, including at least 24 semester hours of land
12    surveying courses from an approved land surveying
13    curriculum and the related science courses, as defined by
14    rule, who passes an examination in the fundamentals of
15    surveying, as defined by rule.
16(Source: P.A. 100-171, eff. 1-1-18; 100-863, eff. 8-14-18.)
 
17    (225 ILCS 330/14)  (from Ch. 111, par. 3264)
18    (Section scheduled to be repealed on January 1, 2020)
19    Sec. 14. Display of license License to be displayed. Every
20holder of a license under this Act as a Professional Land
21Surveyor or Surveyor Intern shall display the license it in a
22conspicuous place location in his or her office, place of
23business, or place of employment.
24(Source: P.A. 100-171, eff. 1-1-18.)
 

 

 

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1    (225 ILCS 330/15)  (from Ch. 111, par. 3265)
2    (Section scheduled to be repealed on January 1, 2020)
3    Sec. 15. Seal. Every professional land surveyor
4Professional Land Surveyor shall have a reproducible seal or
5facsimile, which may be computer generated, the impression of
6which shall contain the name of the land surveyor, his or her
7place of business, the license number, of the professional land
8surveyor Professional Land Surveyor, and the words
9"Professional Land Surveyor, State of Illinois". A
10professional land surveyor Professional Land Surveyor shall
11seal all documents prepared by or under the direct supervision
12and control of the professional land surveyor Professional Land
13Surveyor. Any seal authorized or approved by the Department
14under the Illinois Land Surveyors Act shall serve the same
15purpose as the seal provided for by this Act. The licensee's
16written signature and date of signing along with the date of
17license expiration shall be placed adjacent to the seal. The
18licensee may provide, at his or her sole discretion, an
19original signature in the licensee's handwriting, a scanned
20copy of the document bearing an original signature, or a
21signature generated by a computer.
22    It is unlawful to affix one's seal to documents if it masks
23the true identity of the person who actually exercised
24direction, control, and supervision of the preparation of that
25work. A professional land surveyor Professional Land Surveyor
26who seals and signs documents is not responsible for damage

 

 

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1caused by subsequent changes to or uses of those documents
2where the subsequent changes or uses, including changes or uses
3made by State or local governmental agencies, are not
4authorized or approved by the professional land surveyor
5Professional Land Surveyor who originally sealed and signed the
6documents.
7(Source: P.A. 98-289, eff. 1-1-14.)
 
8    (225 ILCS 330/15.5 new)
9    Sec. 15.5. Titles.
10    (a) A professional land surveyor may use the initials
11"P.L.S." and "L.S." and the title of "Professional Land
12Surveyor" or any of its derivations in Illinois.
13    (b) A surveyor intern may use the initials "S.I." and the
14title of "Surveyor Intern" or any of its derivations in
15Illinois.
 
16    (225 ILCS 330/16)  (from Ch. 111, par. 3266)
17    (Section scheduled to be repealed on January 1, 2020)
18    Sec. 16. Unlicensed practice; violation; civil penalty
19Unlawful to practice without license or registration.
20    (a) Any person who practices, offers to practice, attempts
21to practice, or holds himself or herself out to practice as a
22professional land surveyor or surveyor intern without being
23licensed or exempt under this Act shall, in addition to any
24other penalty provided by law, pay a civil penalty to the

 

 

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1Department in an amount not to exceed $10,000 for each offense,
2as determined by the Department. The civil penalty shall be
3assessed by the Department after a hearing is held in
4accordance with this Act regarding the provision of a hearing
5for the discipline of a licensee.
6    (b) A firm or business that offers design services under
7this Act without being licensed as a professional design firm
8or exempt under this Act shall, in addition to any other
9penalty provided by law, pay a civil penalty to the Department
10in an amount not to exceed $10,000 for each offense, as
11determined by the Department. The civil penalty shall be
12assessed by the Department after a hearing is held in
13accordance with this Act regarding the provision of a hearing
14for the discipline of a licensee.
15    (c) The Department may investigate any actual, alleged, or
16suspected unlicensed activity.
17    (d) The civil penalty shall be paid within 60 days after
18the effective date of the order imposing the civil penalty. The
19order shall constitute a final judgment and may be filed and
20executed in the same manner as any judgment from any court of
21record.
22    (e) A person or entity not registered under this Act who
23has violated any provision of this Act or its rules is guilty
24of a Class A misdemeanor for the first offense and a Class 4
25felony for a second and subsequent offense.
26It is unlawful for any person, sole proprietorship,

 

 

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1professional service corporation, corporation, partnership,
2limited liability company, or other entity to practice land
3surveying, or advertise or display any sign, card or other
4device which might indicate to the public that the person or
5entity is entitled to practice as a land surveyor, or use the
6initials "P.L.S.", "L.S.", or "S.I.", use the title
7"Professional Land Surveyor" or "Surveyor Intern" or any of
8their derivations, unless such person holds a valid active
9license as a Professional Land Surveyor or Surveyor Intern in
10the State of Illinois, or such professional service
11corporation, corporation, partnership, sole proprietorship,
12limited liability company, or other entity is in compliance
13with this Act.
14(Source: P.A. 100-171, eff. 1-1-18.)
 
15    (225 ILCS 330/17)  (from Ch. 111, par. 3267)
16    (Section scheduled to be repealed on January 1, 2020)
17    Sec. 17. Surveyor intern Intern; supervision. It is
18unlawful for any surveyor intern Surveyor Intern licensed under
19this Act to practice or attempt to practice land surveying
20except when in responsible charge under the overall supervision
21of a professional land surveyor Professional Land Surveyor.
22(Source: P.A. 100-171, eff. 1-1-18.)
 
23    (225 ILCS 330/18)  (from Ch. 111, par. 3268)
24    (Section scheduled to be repealed on January 1, 2020)

 

 

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1    Sec. 18. Renewal, reinstatement, or restoration of
2license; persons Persons in military service.
3    (a) The expiration date and renewal period for each license
4as a professional land surveyor Professional Land Surveyor
5issued under this Act shall be set by rule. The holder of a
6license may renew such license during the month preceding the
7expiration date by paying the required fee.
8    (b) A professional land surveyor who has permitted his or
9her license to expire or has had his or her license placed on
10inactive status may have his or her license restored by making
11application to the Department and filing proof acceptable to
12the Department of his or her fitness to have his or her license
13restored, including, but not limited to, sworn evidence
14certifying to active practice in another jurisdiction
15satisfactory to the Department and by paying the required fee
16as determined by rule Any Professional Land Surveyor whose
17license has been inactive for less than 5 years is required to
18pay the current renewal fee and shall have his or her license
19restored.
20    (c) A professional land surveyor whose license has expired
21while engaged (1) in federal service on active duty with the
22Armed Forces of the United States or the State Militia called
23into service or training, or (2) in training or education under
24the supervision of the United States before induction into the
25military service, may have the license restored or reinstated
26without paying any lapsed reinstatement, renewal, or

 

 

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1restoration fees if within 2 years after termination other than
2by dishonorable discharge of such service, training, or
3education the Department is furnished with satisfactory
4evidence that the licensee has been so engaged in the practice
5of land surveying and that such service, training, or education
6has so terminated. A Professional Land Surveyor whose license
7has been expired for more than 5 years may have the license
8restored by making application to the Department and filing
9proof acceptable to the Department of fitness to have the
10license restored, including, but not limited to, sworn evidence
11certifying to active practice in another jurisdiction and
12payment of the required renewal, reinstatement or restoration
13fee. However, any Professional Land Surveyor whose license
14expired while engaged (a) in federal service on active duty
15with the armed forces of the United States, or the State
16Militia called into active service or training, or (b) in
17training or education under the supervision of the United
18States preliminary to induction into the military service, may
19have a license renewed without paying any lapsed reinstatement
20or restoration fees upon passing an oral examination by the
21Board, or without taking any examination, if approved by the
22Board, if, within 2 years after the termination other than by
23dishonorable discharge of such service, training, or
24education, the licensee furnishes the Department with an
25affidavit to the effect the licensee was so engaged and that
26the service, training, or education has so terminated.

 

 

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1    (d) A license for a surveyor intern Surveyor Intern does
2not expire.
3(Source: P.A. 100-171, eff. 1-1-18.)
 
4    (225 ILCS 330/18.5)
5    (Section scheduled to be repealed on January 1, 2020)
6    Sec. 18.5. Continuing education. The Department may adopt
7promulgate rules of continuing education for persons licensed
8under this Act. The Department shall consider the
9recommendations of the Board in establishing the guidelines for
10the continuing education requirements. The requirements of
11this Section apply to any person seeking renewal or restoration
12under Section 18 or 19 of this Act. For the purposes of this
13Act, continuing education shall also be known as professional
14development.
15(Source: P.A. 91-132, eff. 1-1-00.)
 
16    (225 ILCS 330/19)  (from Ch. 111, par. 3269)
17    (Section scheduled to be repealed on January 1, 2020)
18    Sec. 19. Inactive status; Restoration. Any person who
19notifies the Department, in writing on forms prescribed by the
20Department, may place his or her license on an inactive status
21and shall be excused from the payment of renewal fees until he
22or she notifies the Department in writing of the intention to
23resume active status.
24    Any Professional Land Surveyor requesting restoration from

 

 

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1inactive status is required to pay the current renewal fee and
2shall have his or her license restored. A Professional Land
3Surveyor whose license has been on inactive status for more
4than 5 years may have the license restored by making
5application to the Department and filing proof acceptable to
6the Board of fitness to have the license restored, including,
7but not limited to, sworn evidence certifying to active
8practice in another jurisdiction and payment of the required
9renewal, reinstatement or restoration fee.
10    Any professional land surveyor Professional Land Surveyor
11whose license is in an inactive status shall not practice land
12surveying in the State of Illinois.
13(Source: P.A. 96-626, eff. 8-24-09.)
 
14    (225 ILCS 330/19.5 new)
15    Sec. 19.5. Professional Land Surveyor, Retired.
16    (a) Pursuant to Section 2105-15 of the Department of
17Professional Regulation Law of the Civil Administrative Code of
18Illinois, the Department may grant the title "Professional Land
19Surveyor, Retired", which may be used by any person who has
20been duly licensed as a professional land surveyor under this
21Act and who has chosen to place his or her license on inactive
22status or not renew his or her license. Those persons granted
23the title "Professional Land Surveyor, Retired" may request
24restoration to active status under the applicable provisions of
25this Act.

 

 

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1    (b) The use of the title "Professional Land Surveyor,
2Retired" shall not constitute representation of current
3licensure. Any person without an active license shall not be
4permitted to practice professional land surveying as defined in
5this Act.
6    (c) Nothing in this Section shall be construed to require
7the Department to issue any certificate, credential, or other
8official document indicating that a person has been granted the
9title "Professional Land Surveyor, Retired".
 
10    (225 ILCS 330/20)  (from Ch. 111, par. 3270)
11    (Section scheduled to be repealed on January 1, 2020)
12    Sec. 20. Endorsement. Upon payment of the required fee, an
13applicant who is a Professional Land Surveyor, licensed or
14otherwise legally recognized as a Land Surveyor under the laws
15of another state or territory of the United States may be
16granted a license as an Illinois Professional Land Surveyor by
17the Department with approval of the Board upon the following
18conditions:
19    (a) The Department may, upon application in writing on
20forms or electronically accompanied by the required fee, issue
21a license as a professional land surveyor to an applicant
22licensed under the laws of another state, the District of
23Columbia, or a U.S. territory if the requirements for licensure
24in that jurisdiction were, on the date of original licensure,
25substantially equivalent to the requirements then in force in

 

 

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1this State. That the applicant meets the requirements for
2licensing in this State, and that the requirements for
3licensing or other legal recognition of Land Surveyors in the
4particular state or territory were, at the date of issuance of
5the license or certificate, equivalent to the requirements then
6in effect in the State of Illinois; and
7    (b) All applicants for endorsement shall pass That the
8applicant passes a jurisdictional examination to determine the
9applicant's knowledge of the surveying tasks unique to the
10State of Illinois and the laws pertaining thereto.
11    (c) If the accuracy of any submitted documentation or
12relevance or sufficiency of the course work or experience is
13questioned by the Department or the Board because of a lack of
14information, discrepancies, or conflicts in information given
15or a need for clarification, the applicant seeking licensure
16may be required to provide additional information.
17    (d) Applicants have 3 years from the date of application to
18complete the application process. If the process has not been
19completed in 3 years, the application shall be denied, the fee
20shall be forfeited, and the applicant must reapply and meet the
21requirements in effect at the time of reapplication.
22(Source: P.A. 93-467, eff. 1-1-04.)
 
23    (225 ILCS 330/21)  (from Ch. 111, par. 3271)
24    (Section scheduled to be repealed on January 1, 2020)
25    Sec. 21. Fees.

 

 

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1    (a) The Department shall provide by rule for a schedule of
2fees to be paid for licenses by all applicants. All fees are
3not refundable.
4    (b) The fees for the administration and enforcement of this
5the Act, including, but not limited to, original licensure,
6renewal, and restoration, shall be set by rule by the
7Department.
8    (c) All fees and fines collected as authorized under this
9Act shall be deposited into in the Design Professionals
10Administration and Investigation Fund. Of the moneys deposited
11into the Design Professionals Administration and Investigation
12Fund, the Department may use such funds as necessary to produce
13and distribute newsletters to persons licensed under this Act.
14(Source: P.A. 91-132, eff. 1-1-00.)
 
15    (225 ILCS 330/25)  (from Ch. 111, par. 3275)
16    (Section scheduled to be repealed on January 1, 2020)
17    Sec. 25. Professional design firm registration.
18    (a) Nothing in this Act shall prohibit the formation, under
19the provisions of the Professional Service Corporation Act, of
20a corporation to offer the practice of professional land
21surveying.
22    Any business, including a professional service corporation
23Professional Service Corporation, that includes within its
24stated purposes or practices, or holds itself out as available
25to practice, professional land surveying shall be registered

 

 

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1with the Department pursuant to the provisions set forth in
2this Section.
3    Any sole proprietorship not owned and operated by an
4Illinois licensed design professional licensed under this Act
5shall be prohibited from offering professional land surveyor
6services to the public. Any sole proprietorship owned and
7operated by a professional land surveyor with an active license
8issued under this Act and conducting or transacting such
9business under an assumed name in accordance with the
10provisions of the Assumed Business Name Act shall comply with
11the registration requirements of a professional design firm.
12Any sole proprietorship owned and operated by a professional
13land surveyor Professional Land Surveyor with an active license
14issued under this Act and conducting or transacting such
15business under the real name of the sole proprietor is exempt
16from the registration requirements of a professional design
17firm. "Illinois licensed design professional" means a person
18who holds an active license as a professional engineer under
19the Professional Engineering Practice Act of 1989, as an
20architect under the Illinois Architecture Practice Act of 1989,
21as a structural engineer under the Structural Engineering
22Practice Act of 1989, or as a professional land surveyor
23Professional Land Surveyor under this Act.
24    (b) Any professional design firm seeking to be registered
25pursuant to the provisions of this Section shall not be
26registered unless one or more managing agents in charge of land

 

 

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1surveyor activities in this State are designated by the
2professional design firm. Each managing agent must at all times
3maintain a valid, active license to practice professional land
4surveying in Illinois.
5    No individual whose license to practice professional land
6surveying in this State is currently in a suspended or revoked
7state shall act as a managing agent for a professional design
8firm.
9    (c) Any business seeking to be registered under this
10Section shall make application on a form provided by the
11Department and shall provide such information as requested by
12the Department, which shall include, but not be limited to:
13        (1) the name and license number of the person
14    designated as the managing agent in responsible charge of
15    the practice of professional land surveying in Illinois. In
16    the case of a corporation, the corporation shall also
17    submit a certified copy of the resolution by the board of
18    directors designating the managing agent. In the case of a
19    limited liability company, the company shall submit a
20    certified copy of either its articles of organization or
21    operating agreement designating the managing agent;
22        (2) the names and license numbers of the directors, in
23    the case of a corporation, the members, in the case of a
24    limited liability company, or general partners, in the case
25    of a partnership;
26        (3) a list of all office locations at which the

 

 

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1    professional design firm provides professional land
2    surveying services to the public; and
3        (4) a list of all assumed names of the business.
4    Nothing in this Section shall be construed to exempt a
5    professional design firm, sole proprietorship, or
6    professional service corporation from compliance with the
7    requirements of the Assumed Business Name Act.
8    It is the responsibility of the professional design firm to
9provide the Department notice, in writing, of any changes in
10the information requested on the application.
11    (d) The Department shall issue to each business a
12certificate of registration to practice professional land
13surveying or offer the services of its licensees in this State
14upon submittal of a proper application for registration and
15payment of fees. The expiration date and renewal period for
16each registration and renewal procedures shall be established
17by rule.
18    (e) In the event a managing agent is terminated or
19terminates his or her status as managing agent of the
20professional design firm, the managing agent and the a
21professional design firm shall notify the Department of this
22fact in writing, by regular certified mail or email, within 10
23business days of such termination. Thereafter, the
24professional design firm, if it has so informed the Department,
25shall have 30 days in which to notify the Department of the
26name and licensure number of a newly designated managing agent.

 

 

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1If a corporation, the corporation shall also submit a certified
2copy of a resolution by the board of directors designating the
3new managing agent. If a limited liability company, the company
4shall also submit a certified copy of either its articles of
5organization or operating agreement designating the new
6managing agent. The Department may, upon good cause shown,
7extend the original 30-day 30 day period.
8    If the professional design firm has not notified the
9Department in writing, by regular certified mail or email
10within the specified time, the registration shall be terminated
11without prior hearing. Notification of termination shall be
12sent by regular certified mail or email to the address of
13record of the business. If the professional design firm
14continues to operate and offer professional land surveyor
15services after the termination, the Department may seek
16prosecution under Sections 16 and 27, 43, and 16.5 of this Act
17for the unlicensed practice of professional land surveying.
18    No professional design firm shall be relieved of
19responsibility for the conduct or acts of its agent, employees,
20members, managers, or officers by reason of its compliance with
21this Section, nor shall any individual practicing professional
22land surveying be relieved of the responsibility for
23professional services performed by reason of the individual's
24employment or relationship with a professional design firm
25registered under this Section.
26    (g) Disciplinary action against a professional design firm

 

 

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1registered under this Section shall be administered in the same
2manner and on the same grounds as disciplinary action against a
3licensed professional land surveyor. All disciplinary action
4taken or pending against a corporation or partnership before
5the effective date of this amendatory Act of 1999 shall be
6continued or remain in effect without the Department filing
7separate actions.
8    (h) Any professional services corporation, sole
9proprietorship, or professional design firm offering land
10surveying services must have a resident professional land
11surveyor whose license is not suspended or revoked overseeing
12the land surveying practices in each location in which land
13surveying services are provided.
14(Source: P.A. 96-626, eff. 8-24-09.)
 
15    (225 ILCS 330/27)  (from Ch. 111, par. 3277)
16    (Section scheduled to be repealed on January 1, 2020)
17    Sec. 27. Grounds for disciplinary action.
18    (a) The Department may refuse to issue or renew a license,
19or may revoke, suspend, place on probation, reprimand, or
20administrative supervision, suspend, or revoke any license, or
21may reprimand or take other any disciplinary or
22non-disciplinary action as the Department may deem proper,
23including the imposition of fines not to exceed $10,000 per
24violation, with regard to any license issued under this Act,
25upon any person, corporation, partnership, or professional

 

 

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1land surveying firm licensed or registered under this Act for
2any one or a combination of the following reasons:
3        (1) Material material misstatement in furnishing
4    information to the Department. ;
5        (2) Negligence, incompetence, or misconduct in the
6    practice of land surveying. violation, including, but not
7    limited to, neglect or intentional disregard, of this Act,
8    or its rules;
9        (3) Failure to comply with any provision of this Act or
10    any of its rules. conviction of, or entry of a plea of
11    guilty or nolo contendere to, any crime that is a felony
12    under the laws of the United States or any state or
13    territory thereof or that is a misdemeanor of which an
14    essential element is dishonesty, or any crime that is
15    directly related to the practice of the profession;
16        (4) Fraud or any misrepresentation in applying for or
17    procuring a license under this Act or in connection with
18    applying for renewal or restoration of a license under this
19    Act. making any misrepresentation for the purpose of
20    obtaining a license, or in applying for restoration or
21    renewal, or the practice of any fraud or deceit in taking
22    any examination to qualify for licensure under this Act;
23        (5) Purposefully purposefully making false statements
24    or signing false statements, certificates, or affidavits
25    to induce payment. ;
26        (6) Conviction of or entry of a plea of guilty or nolo

 

 

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1    contendere, finding of guilt, jury verdict, or entry of
2    judgment or sentencing, including, but not limited to,
3    convictions, preceding sentences of supervision,
4    conditional discharge, or first offender probation under
5    the laws of any jurisdiction of the United States that is
6    (i) a felony or (ii) a misdemeanor, an essential element of
7    which is dishonesty, that is directly related to the
8    practice of the profession of land surveying. proof of
9    carelessness, incompetence, negligence, or misconduct in
10    practicing land surveying;
11        (7) Aiding aiding or assisting another person in
12    violating any provision of this Act or its rules. ;
13        (8) Failing failing to provide information in response
14    to a written request made by the Department within 60 30
15    days after receipt of such written request. ;
16        (9) Engaging engaging in dishonorable, unethical, or
17    unprofessional conduct of a character likely to deceive,
18    defraud, or harm the public. ;
19        (10) Habitual or excessive use or abuse of drugs
20    defined in law as controlled substances, of alcohol,
21    narcotics, stimulants, or any other substances that
22    results in the inability to practice with reasonable
23    judgment, skill, or safety. inability to practice with
24    reasonable judgment, skill, or safety as a result of
25    habitual or excessive use of, or addiction to, alcohol,
26    narcotics, stimulants or any other chemical agent or drug;

 

 

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1        (11) A finding by the Department that an applicant or
2    licensee has failed to pay a fine imposed by the
3    Department. discipline by the United States government,
4    another state, District of Columbia, territory, foreign
5    nation or government agency if at least one of the grounds
6    for the discipline is the same or substantially equivalent
7    to those set forth in this Act;
8        (12) A finding by the Department that the licensee,
9    after having his or her license placed on probationary
10    status, has violated the terms of probation or failed to
11    comply with such terms. directly or indirectly giving to or
12    receiving from any person, firm, corporation, partnership,
13    or association any fee, commission, rebate, or other form
14    of compensation for any professional services not actually
15    or personally rendered;
16        (12.5) issuing a map or plat of survey where the fee
17    for professional services is contingent on a real estate
18    transaction closing;
19        (13) Inability to practice the profession with
20    reasonable judgment, skill, or safety as a result of
21    physical illness, including, but not limited to,
22    deterioration through the aging process, loss of motor
23    skill, mental illness, or disability. a finding by the
24    Department that an applicant or licensee has failed to pay
25    a fine imposed by the Department or a licensee whose
26    license has been placed on probationary status has violated

 

 

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1    the terms of probation;
2        (14) Discipline by another state, territory, foreign
3    country, the District of Columbia, the United States
4    government, or any other government agency if at least one
5    of the grounds for discipline is the same or substantially
6    equivalent to those set forth in this Act. practicing on an
7    expired, inactive, suspended, or revoked license;
8        (15) The making of any willfully false oath or
9    affirmation in any matter or proceeding where an oath or
10    affirmation is required by this Act. signing, affixing the
11    Professional Land Surveyor's seal or permitting the
12    Professional Land Surveyor's seal to be affixed to any map
13    or plat of survey not prepared by the Professional Land
14    Surveyor or under the Professional Land Surveyor's direct
15    supervision and control;
16        (16) Using or attempting to use an expired, inactive,
17    suspended, or revoked license or the certificate or seal of
18    another or impersonating another licensee. inability to
19    practice the profession with reasonable judgment, skill,
20    or safety as a result of physical illness, including, but
21    not limited to, deterioration through the aging process or
22    loss of motor skill or a mental illness or disability;
23        (17) Directly or indirectly giving to or receiving from
24    any person or entity any fee, commission, rebate, or other
25    form of compensation for any professional service not
26    actually or personally rendered. (blank); or

 

 

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1        (18) Issuing a map or plat of a survey where the fee
2    for professional services is contingent on a real estate
3    transaction closing failure to adequately supervise or
4    control land surveying operations being performed by
5    subordinates.
6        (19) Signing or affixing the professional land
7    surveyor's seal or permitting the seal to be affixed to any
8    map or plat of a survey not prepared by the professional
9    land surveyor or under the professional land surveyor's
10    direct supervision and control.
11        (20) Failure to adequately supervise or control land
12    surveying operations being performed by subordinates.
13    (a-5) In enforcing this Section, the Department or Board,
14upon a showing of a possible violation, may compel a person
15licensed to practice under this Act, or who has applied for
16licensure or certification pursuant to this Act, to submit to a
17mental or physical examination, or both, as required by and at
18the expense of the Department. The Department or Board may
19order the examining physician to present testimony concerning
20the mental or physical examination of the licensee or
21applicant. No information shall be excluded by reason of any
22common law or statutory privilege relating to communications
23between the licensee or applicant and the examining physician.
24The examining physicians shall be specifically designated by
25the Board or Department. The individual to be examined may
26have, at his or her own expense, another physician of his or

 

 

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

 

 

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1or her license.
2    (b) The determination by a circuit court that a licensee is
3subject to involuntary admission or judicial admission as
4provided in the Mental Health and Developmental Disabilities
5Code, as now or hereafter amended, operates as an automatic
6license suspension. Such suspension will end only upon a
7finding by a court that the patient is no longer subject to
8involuntary admission or judicial admission and the issuance of
9an order so finding and discharging the patient and upon the
10recommendation of the Board to the Secretary Director that the
11licensee be allowed to resume his or her practice.
12    (c) (Blank).
13    (d) If In cases where the Department of Healthcare and
14Family Services (formerly the Department of Public Aid) has
15previously determined that a licensee or a potential licensee
16is more than 30 days delinquent in the payment of child support
17and has subsequently certified the delinquency to the
18Department, the Department shall refuse to issue or renew or
19shall revoke or suspend that person's license or shall take
20other disciplinary action against that person based solely upon
21the certification of delinquency made by the Department of
22Healthcare and Family Services in accordance with subdivision
23(a)(5) of Section 2105-15 of the Department of Professional
24Regulation Law of the Civil Administrative Code of Illinois (20
25ILCS 2105/2105-15).
26    (e) The Department shall refuse to issue or renew or shall

 

 

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1revoke or suspend a person's license or shall take other
2disciplinary action against that person for his or her failure
3to file a return, to pay the tax, penalty, or interest shown in
4a filed return, or to pay any final assessment of tax, penalty,
5or interest as required by any tax Act administered by the
6Department of Revenue, until such time as the requirements of
7the tax Act are satisfied in accordance with subsection (g) of
8Section 2105-15 of the Department of Professional Regulation
9Law of the Civil Administrative Code of Illinois (20 ILCS
102105/2105-15).
11(Source: P.A. 100-872, eff. 8-14-18.)
 
12    (225 ILCS 330/28)  (from Ch. 111, par. 3278)
13    (Section scheduled to be repealed on January 1, 2020)
14    Sec. 28. Injunction; cease Cease and desist order.
15    (a) If any person or entity violates the provisions of this
16Act, the Secretary, in the name of the People people of the
17State of Illinois, through the Attorney General or the State's
18Attorney of the county in which the violation is alleged to
19have occurred may petition for an order enjoining the violation
20or for an order enforcing compliance with this Act. Upon the
21filing of a verified petition, the court with appropriate
22jurisdiction may issue a temporary restraining order, without
23notice or bond, and may preliminarily and permanently enjoin
24the violation. If it is established that the person has
25violated or is violating the injunction, the court may punish

 

 

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1the offender for contempt of court. Proceedings under this
2Section are in addition to and not in lieu of any other
3remedies and penalties provided by this Act.
4    (b) (a-5) Whenever, in the opinion of the Department, a
5person or entity violates any provision of this Act, the
6Department may issue a rule to show cause why an order to cease
7and desist should not be entered against that person or entity.
8The rule shall clearly set forth the grounds relied upon by the
9Department and shall allow at least 7 days from the date of the
10rule to file an answer satisfactory to the Department. Failure
11to answer to the satisfaction of the Department shall cause an
12order to cease and desist to be issued.
13    (b) (Blank).
14(Source: P.A. 96-626, eff. 8-24-09.)
 
15    (225 ILCS 330/29)  (from Ch. 111, par. 3279)
16    (Section scheduled to be repealed on January 1, 2020)
17    Sec. 29. Investigations; notice and hearing.
18    (a) The Department may investigate the actions of any
19applicant or of any person or other entity holding, applying
20for or claiming to hold a license under this Act , or
21practicing or offering to practice land surveying.
22    (b) Before the initiation of a formal complaint an
23investigation, the matter shall be reviewed by a subcommittee
24of the Board according to procedures established by rule for
25the Complaint Committee. If a subcommittee has not been formed,

 

 

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1the matter shall proceed through the process as stated in
2subsection (c).
3    (c) The Department shall, before disciplining an applicant
4or licensee refusing to issue, renew or restore, suspending or
5revoking any license or registration, or imposing any other
6disciplinary action, at least 30 days prior to the date set for
7the hearing, (i) notify the applicant or licensee person
8accused in writing of the any charges made and the time and
9place for the hearing on the charges, (ii) shall direct the
10applicant person or licensee entity to file a written answer to
11the charges Board under oath within 20 days after the service
12of the notice, and (iii) inform the applicant person or
13licensee entity that failure if the person or entity fails to
14file a written an answer to the charges will result in a
15default being entered against the applicant or licensee default
16will be taken and that the license or certificate may be
17suspended, revoked, placed on probationary status, or other
18disciplinary action may be taken, including limiting the scope,
19nature or extent of practice, as the Secretary may deem proper.
20    (d) Written or electronic This written notice, and any
21notice in the subsequent proceeding, may be served by personal
22delivery, by email, or by mail to the applicant or licensee at
23his or her address of record or email address of record. to the
24accused person or entity or certified mail to the last address
25specified by the accused person or entity in the last
26notification to the Department.

 

 

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1    (e) At the time and place fixed in the notice, the Board or
2hearing officer appointed by the Secretary shall proceed to
3hear the charges and the parties and their counsel shall be
4accorded ample opportunity to present any statement,
5testimony, evidence, and argument as may be pertinent to the
6charges or to the applicant's or licensee's defense. The Board
7or hearing officer may continue the hearing from time to time.
8    (f) In case the licensee person or applicant, after
9receiving the notice, entity fails to file an answer after
10receiving notice, the his or her license or certificate may, in
11the discretion of the Secretary Department, having first
12received the recommendation of the Board, be suspended,
13revoked, or placed on probationary status, or be subject to the
14Department may take whatever disciplinary action the Secretary
15considers deemed proper, including limiting the scope, nature,
16or extent of the person's practice or the imposition of a fine,
17without a hearing, if the act or acts charged constitute
18sufficient grounds for such action under this Act. At the time
19and place fixed in the notice, the Board shall hear the charges
20and the accused person or entity shall be accorded ample
21opportunity to present any statements, testimony, evidence and
22argument as may be relevant to the charges or their defense.
23The Board may continue the hearing from time to time.
24    The Department may from time to time employ individual land
25surveyors possessing the same minimum qualifications as
26required for Board candidates to assist with its investigative

 

 

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1duties.
2    (g) Persons who assist the Department as consultants or
3expert witnesses in the investigation or prosecution of alleged
4violations of the Act, licensure matters, restoration
5proceedings, or criminal prosecutions, are not liable for
6damages in any civil action or proceeding as a result of their
7assistance, except upon proof of actual malice. The Attorney
8General shall defend these persons in any such action or
9proceeding.
10(Source: P.A. 96-626, eff. 8-24-09.)
 
11    (225 ILCS 330/30)  (from Ch. 111, par. 3280)
12    (Section scheduled to be repealed on January 1, 2020)
13    Sec. 30. Record of proceedings Stenographer; transcript.
14    (a) The Department, at its expense, shall provide a
15certified shorthand reporter stenographer to take down the
16testimony and preserve a record of all proceedings at the
17hearing of any case where a license may be is revoked,
18suspended, placed on probationary status, reprimanded, fined,
19or subjected to other disciplinary action with reference to the
20license when a disciplinary action is authorized under this Act
21and its rules or other disciplinary action is taken. The notice
22of hearing, complaint, and all other documents in the nature of
23pleadings and written motions filed in the proceedings, the
24transcript of testimony, the report of the Board, and the
25orders of the Department shall be the record of the

 

 

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1proceedings. The record may be made available to any person
2interested in the hearing upon payment of the fee required by
3Section 2105-115 of the Department of Professional Regulation
4Law of the Civil Administrative Code of Illinois.
5    (b) The Department may contract for court reporting
6services, and, if it does so, the Department shall provide the
7name and contact information for the certified shorthand
8reporter who transcribed the testimony at a hearing to any
9person interested, who may obtain a copy of the transcript of
10any proceedings at a hearing upon payment of the fee specified
11by the certified shorthand reporter.
12(Source: P.A. 96-626, eff. 8-24-09.)
 
13    (225 ILCS 330/31)  (from Ch. 111, par. 3281)
14    (Section scheduled to be repealed on January 1, 2020)
15    Sec. 31. Subpoenas, depositions, oaths.
16    (a) The Department has the power to subpoena documents,
17books, records, or other materials and to bring before it any
18person and to take testimony either orally or by deposition, or
19both, with the same fees and mileage and in the same manner as
20is prescribed in civil cases in the courts of this State.
21    (b) The Secretary, the designated hearing officer, and
22every member of the Board has the power to administer oaths to
23witnesses at any hearing that the Department is authorized to
24conduct and any other oaths authorized in any Act administered
25by the Department.

 

 

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1(Source: P.A. 96-626, eff. 8-24-09.)
 
2    (225 ILCS 330/33)  (from Ch. 111, par. 3283)
3    (Section scheduled to be repealed on January 1, 2020)
4    Sec. 33. Hearing; motion for rehearing Notice of hearing;
5Findings and recommendations.
6    (a) The Board or hearing officer appointed by the Secretary
7shall hear evidence in support of the formal charges and
8evidence produced by the licensee. At the conclusion of the
9hearing, the Board or hearing officer shall present to the
10Secretary a written report of its findings of fact, conclusions
11of law, and recommendations. If the Board fails to present its
12report, the applicant or licensee may request in writing a
13direct appeal to the Secretary, in which case the Secretary may
14issue an order based upon the report of the hearing officer and
15the record of the proceedings or issue an order remanding the
16matter back to the hearing officer for additional proceedings
17in accordance with the order.
18    (b) At the conclusion of the hearing, a copy of the Board's
19or hearing officer's report shall be served upon the applicant
20or licensee, either personally or as provided in this Act for
21the service of the notice of hearing. Within 20 calendar days
22after such service, the applicant or licensee may present to
23the Department a motion, in writing, for a rehearing that shall
24specify the particular grounds for rehearing. The Department
25may respond to the motion for rehearing within 20 calendar days

 

 

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1after its service on the Department. If no motion for rehearing
2is filed, then upon the expiration of the time specified for
3filing such a motion, or upon denial of a motion for rehearing,
4the Secretary may enter an order in accordance with the
5recommendations of the Board or hearing officer. If the
6applicant or licensee orders from the reporting service and
7pays for a transcript of the record within the time for filing
8a motion for rehearing, the 20 calendar day period within which
9a motion may be filed shall commence upon delivery of the
10transcript to the applicant or licensee.
11    (c) If the Secretary disagrees in any regard with the
12report of the Board, the Secretary may issue an order contrary
13to the report. The Secretary shall notify the Board of any such
14deviation and shall specify with particularity the reasons for
15such action in the final order.
16    (d) Whenever the Secretary is not satisfied that
17substantial justice has been done, the Secretary may order a
18hearing by the same or another hearing officer.
19    (e) At any point in any investigation or disciplinary
20proceeding provided for in this Act, both parties may agree to
21a negotiated consent order. The consent order shall be final
22upon signature of the Secretary.
23At the conclusion of the hearing the Board shall present to the
24Secretary a written report of its findings and recommendations.
25The report shall contain a finding whether or not the accused
26person violated this Act or failed to comply with the

 

 

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1conditions required in this Act. The Board shall specify the
2nature of the violation or failure to comply, and shall make
3its recommendations to the Secretary.
4    The report of findings and recommendations of the Board
5shall be the basis for the Department's order unless the
6Secretary disagrees with the Board, in which case the Secretary
7may issue an order in contravention of the Board report stating
8the reasons for the order. The report, findings, and
9recommendations are not admissible in evidence against the
10person in a criminal prosecution brought for the violation of
11this Act, but the hearing and findings are not a bar to a
12criminal prosecution brought for the violation of this Act.
13(Source: P.A. 96-626, eff. 8-24-09.)
 
14    (225 ILCS 330/36)  (from Ch. 111, par. 3286)
15    (Section scheduled to be repealed on January 1, 2020)
16    Sec. 36. Hearing Appointment of a hearing officer.
17Notwithstanding any provision in the provisions of Section 33
18of this Act, the Secretary has the authority to appoint any
19attorney duly licensed to practice law in the State of Illinois
20to serve as the hearing officer in any action for refusal to
21issue or renew a license or discipline a licensee. The Board
22may have at least one member present at any hearing conducted
23by the hearing officer. The hearing officer has full authority
24to conduct the hearing. The Board has the right to have at
25least one member present at any hearing conducted by such

 

 

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1hearing officer. The hearing officer shall report his or her
2findings of fact, conclusions of law, and recommendations to
3the Board and to the Secretary. The Board shall have 60 days
4from receipt of the report to review the report of the hearing
5officer and present their findings of fact, conclusions of law
6and recommendations to the Secretary. If the Board fails to
7present its report within the 60 day period, the Secretary
8shall issue an order based on the report of the hearing
9officer. If the Secretary disagrees in any regard with the
10report of the Board or hearing officer, he or she may issue an
11order in contravention thereof. The Secretary shall notify the
12Board on any such deviation and shall specify with
13particularity the reasons for such action in the final order
14provide a written explanation to the Board on any such
15deviation.
16(Source: P.A. 96-626, eff. 8-24-09.)
 
17    (225 ILCS 330/38)  (from Ch. 111, par. 3288)
18    (Section scheduled to be repealed on January 1, 2020)
19    Sec. 38. Restoration from disciplinary status of suspended
20or revoked license.
21    (a) At any time after the successful completion of a term
22of probation, suspension, or revocation of any license under
23this Act, the Department may restore the license it to the
24licensee accused person upon the written recommendation of the
25Board, unless after an investigation and a hearing the

 

 

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1Department Board determines that restoration is not in the
2public interest.
3    (b) Where circumstances of suspension or revocation so
4indicate, the Department may require an examination of the
5licensee before restoring his or her license.
6    (c) No person whose license has been revoked as authorized
7in this Act may apply for restoration of that license until
8such time as provided for in the Department of Professional
9Regulation Law of the Civil Administrative Code of Illinois.
10    (d) A license that has been suspended or revoked shall be
11considered nonrenewed for purposes of restoration and a
12licensee restoring his or her license from suspension or
13revocation must comply with the requirements for restoration as
14set forth in Section 18 and any related rules adopted.
15(Source: P.A. 86-987.)
 
16    (225 ILCS 330/40)  (from Ch. 111, par. 3290)
17    (Section scheduled to be repealed on January 1, 2020)
18    Sec. 40. Temporary suspension of a license. The Secretary
19may temporarily suspend the license of a professional land
20surveyor Professional Land Surveyor or surveyor intern
21Surveyor Intern without a hearing, simultaneously with the
22institution of proceedings for a hearing under Section 29 of
23this Act, if the Secretary finds that evidence in his or her
24possession indicates that a professional land surveyor's
25Professional Land Surveyor's or surveyor intern's Surveyor

 

 

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1Intern's continuation in practice would constitute an imminent
2danger to the public. If In the event that the Secretary
3temporarily suspends the license of a professional land
4surveyor Professional Land Surveyor or surveyor intern
5Surveyor Intern without a hearing, a hearing by the Board must
6be commenced within 30 days after such suspension has occurred.
7(Source: P.A. 100-171, eff. 1-1-18.)
 
8    (225 ILCS 330/41)  (from Ch. 111, par. 3291)
9    (Section scheduled to be repealed on January 1, 2020)
10    Sec. 41. Review under Administrative review Review Law.
11    (a) All final administrative decisions of the Department
12under this Act are subject to judicial review pursuant to the
13Administrative Review Law, as now or hereafter amended, and its
14rules. The term "administrative decision" is defined as in
15Section 3-101 of the Code of Civil Procedure.
16    (b) Proceedings for judicial review shall be commenced in
17the circuit court Circuit Court of the county in which the
18party applying for review resides, but ; provided, that if the
19such party is not a resident of this State, the venue shall be
20in Sangamon County.
21    (c) The Department shall not be required to certify any
22record to the court or file any answer in court or to otherwise
23appear in any court in a judicial review proceeding unless and
24until the Department has received from the plaintiff payment of
25the costs of furnishing and certifying the record, which costs

 

 

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1shall be determined by the Department.
2    (d) Failure on the part of the plaintiff to file a receipt
3in court shall be grounds for dismissal of the action.
4    (e) During the pendency and hearing of any and all judicial
5proceedings incident to a disciplinary action the sanctions
6imposed upon the plaintiff by the Department shall remain in
7full force and effect.
8(Source: P.A. 86-987.)
 
9    (225 ILCS 330/44)  (from Ch. 111, par. 3294)
10    (Section scheduled to be repealed on January 1, 2020)
11    Sec. 44. Plats and licenses as prima facie evidence; record
12Record of plats. All plats and licenses issued by a
13professional land surveyor Professional Land Surveyor under
14his or her hand and seal shall be received as prima facie
15evidence in all courts in this State. A professional land
16surveyor Professional Land Surveyor is entitled to have his or
17her plats recorded in the county where the land affected lies;
18provided, however, plats of subdivision or dedication are
19subject to any statutory provisions relating to the approval,
20recording, and filing of plats of subdivision or dedication.
21(Source: P.A. 86-987.)
 
22    (225 ILCS 330/45)  (from Ch. 111, par. 3295)
23    (Section scheduled to be repealed on January 1, 2020)
24    Sec. 45. Entry upon adjoining land; liability Liability for

 

 

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1damages. A professional land surveyor Professional Land
2Surveyor, or persons under his or her direct supervision,
3together with his or her survey party, who, in the course of
4making a survey, finds it necessary to go upon the land of a
5party or parties other than the one for whom the survey is
6being made is not liable for civil or criminal trespass and is
7liable only for any actual damage done to the land or property.
8(Source: P.A. 93-467, eff. 1-1-04.)
 
9    (225 ILCS 330/46)  (from Ch. 111, par. 3296)
10    (Section scheduled to be repealed on January 1, 2020)
11    Sec. 46. Illinois Administrative Procedure Act. The
12Illinois Administrative Procedure Act is expressly adopted and
13incorporated as if all of the provisions of that Act were
14included in this Act, except that the provision of subsection
15(d) of Section 10-65 of the Illinois Administrative Procedure
16Act that provides that at hearings the licensee has the right
17to show compliance with all lawful requirements for retention,
18continuation, or renewal of the license is specifically
19excluded. For the purpose of this Act, the notice required
20under Section 10-25 of the Illinois Administrative Procedure
21Act is deemed sufficient when mailed or emailed to the last
22known address of record a party.
23(Source: P.A. 88-45.)
 
24    (225 ILCS 330/48)  (from Ch. 111, par. 3298)

 

 

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1    (Section scheduled to be repealed on January 1, 2020)
2    Sec. 48. Fund, appropriations, investments and audits. The
3moneys deposited into in the Design Professionals
4Administration and Investigation Fund from fines and fees under
5this Act shall be appropriated to the Department exclusively
6for expenses of the Department and the Board in the
7administration of this Act, the Illinois Architecture Practice
8Act, the Professional Engineering Practice Act of 1989, and the
9Structural Engineering Practice Act of 1989. The expenses of
10the Department under this Act shall be limited to the ordinary
11and contingent expenses of the Design Professionals Dedicated
12Employees within the Department as established under Section
132105-75 of the Department of Professional Regulation Law of the
14Civil Administrative Code of Illinois (20 ILCS 2105/2105-75)
15and other expenses related to the administration and
16enforcement of this Act.
17    Moneys from the Fund may also be used for direct and
18allocable indirect costs related to the public purposes of the
19Department of Financial and Professional Regulation. Moneys in
20the Fund may be transferred to the Professions Indirect Cost
21Fund as authorized by Section 2105-300 of the Department of
22Professional Regulation Law of the Civil Administrative Code of
23Illinois (20 ILCS 2105/2105-300).
24    Moneys in the Design Professionals Administration and
25Investigation Fund may be invested and reinvested with all
26earnings received from the investments to be deposited into in

 

 

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1the Design Professionals Administration and Investigation Fund
2and used for the same purposes as fees deposited into in that
3Fund.
4    All fines and penalties under Sections 16 and 27 shall be
5deposited into the Design Professionals Administration and
6Investigation Fund.
7    Upon the completion of any audit of the Department as
8prescribed by the Illinois State Auditing Act that includes an
9audit of the Design Professionals Administration and
10Investigation Fund, the Department shall make the audit open to
11inspection by any interested person. The copy of the audit
12report required to be submitted to the Department by this
13Section is in addition to copies of audit reports required to
14be submitted to other State officers and agencies by Section
153-14 of the Illinois State Auditing Act.
16(Source: P.A. 100-171, eff. 1-1-18.)
 
17    (225 ILCS 330/9 rep.)
18    (225 ILCS 330/16.5 rep.)
19    (225 ILCS 330/22 rep.)
20    (225 ILCS 330/23 rep.)
21    (225 ILCS 330/34 rep.)
22    (225 ILCS 330/35 rep.)
23    (225 ILCS 330/42 rep.)
24    (225 ILCS 330/43 rep.)
25    Section 15. The Illinois Professional Land Surveyor Act of

 

 

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11989 is amended by repealing Sections 9, 16.5, 22, 23, 34, 35,
242, and 43.
 
3    Section 99. Effective date. This Act takes effect upon
4becoming law.