Rep. Kelly M. Burke

Filed: 5/8/2019

 

 


 

 


 
10100SB1684ham001LRB101 08690 RPS 60413 a

1
AMENDMENT TO SENATE BILL 1684

2    AMENDMENT NO. ______. Amend Senate Bill 1684 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Regulatory Sunset Act is amended by
5changing Section 4.30 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 Acts repealed on January 1, 2020.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8Acts are repealed on January 1, 2020: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.

 

 

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1    The Pharmacy Practice Act.
2    The Professional Engineering Practice Act of 1989.
3    The Real Estate License Act of 2000.
4    The Structural Engineering Practice Act of 1989.
5(Source: P.A. 100-497, eff. 9-8-17; 100-534, eff. 9-22-17;
6100-863, eff. 8-14-18.)
 
7    (5 ILCS 80/4.40 new)
8    Sec. 4.40. Act repealed on January 1, 2030. The following
9Act is repealed on January 1, 2030:
10    The Illinois Architecture Practice Act of 1989.
 
11    Section 10. The Illinois Architecture Practice Act of 1989
12is amended by changing Sections 4, 6, 8, 9, 10, 11, 12, 13, 14,
1316, 17, 17.5, 18, 19, 20, 21, 22, 23, 23.5, 24, 25, 26, 27, 28,
1429, 30, 31, 32, 33, 34, and 37 and by adding Section 4.1 as
15follows:
 
16    (225 ILCS 305/4)  (from Ch. 111, par. 1304)
17    (Section scheduled to be repealed on January 1, 2020)
18    Sec. 4. Definitions. In this Act:
19    "Address of record" means the designated address recorded
20by the Department in the applicant's or licensee's application
21file or license file maintained by the Department's licensure
22maintenance unit. It is the duty of the applicant or licensee
23to inform the Department of any change of address, and such

 

 

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1changes must be made either through the Department's website or
2by directly contacting the Department.
3    "Architect, Retired" means a person who has been duly
4licensed as an architect by the Department and who chooses to
5place on inactive status or not renew his or her license
6pursuant to Section 17.5 of this Act.
7    "Architectural associate intern" means an unlicensed
8person who has completed the education requirements, is
9actively participating in the diversified professional
10training, and maintains in good standing a training record as
11required for licensure by this Act and may use the title
12"architectural associate intern", but may not independently
13engage in the practice of architecture.
14    "Board" means the Illinois Architecture Licensing Board
15appointed by the Secretary.
16    "Department" means the Department of Financial and
17Professional Regulation.
18    "Design build" or and "design build entity" means the
19project delivery process defined in 68 Ill. Adm. Code 1150.85,
20and any amendments or changes thereto.
21    "Email address of record" means the designated email
22address recorded by the Department in the applicant's
23application file or the licensee's license file as maintained
24by the Department's licensure maintenance unit.
25    "Public health" as related to the practice of architecture
26means the state of the well-being of the body or mind of the

 

 

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1building user.
2    "Public safety" as related to the practice of architecture
3means the state of being reasonably free from risk of danger,
4damage, or injury.
5    "Public welfare" as related to the practice of architecture
6means the well-being of the building user resulting from the
7state of a physical environment that accommodates human
8activity.
9    "Secretary" means the Secretary of Financial and
10Professional Regulation.
11(Source: P.A. 96-610, eff. 8-24-09.)
 
12    (225 ILCS 305/4.1 new)
13    Sec. 4.1. Address of record; email address of record. All
14applicants and licensees shall:
15        (1) provide a valid address and email address to the
16    Department, which shall serve as the address of record and
17    email address of record, respectively, at the time of
18    application for licensure or renewal of a license; and
19        (2) inform the Department of any change of address of
20    record or email address of record within 14 days after such
21    change either through the Department's website or by
22    contacting the Department's licensure maintenance unit.
 
23    (225 ILCS 305/6)  (from Ch. 111, par. 1306)
24    (Section scheduled to be repealed on January 1, 2020)

 

 

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1    Sec. 6. Technical submissions. All technical submissions
2intended for use in construction in the State of Illinois shall
3be prepared and administered in accordance with standards of
4reasonable professional skill and diligence. Care shall be
5taken to reflect the requirements of State statutes and, where
6applicable, county and municipal building ordinances in such
7submissions. In recognition that architects are licensed for
8the protection of the public health, safety and welfare,
9submissions shall be of such quality and scope, and be so
10administered, as to conform to professional standards.
11    (a) Technical submissions are the designs, drawings, and
12specifications that which establish the scope of the
13architecture to be constructed, the standard of quality for
14materials, workmanship, equipment, and construction systems,
15and the studies and other technical reports and calculations
16prepared in the course of the practice of architecture.
17    (b) All technical submissions intended for use in the State
18of Illinois shall be prepared and administered in accordance
19with standards of reasonable professional skill and diligence.
20Care shall be taken to reflect the requirements of State
21statutes and, where applicable, county and municipal
22ordinances in such submissions. In recognition that architects
23are licensed for the protection of the public health, safety,
24and welfare, submissions shall be of such quality and scope,
25and be so administered, as to conform to professional
26standards.

 

 

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1    (c) No officer, board, commission, or other public entity
2who receives technical submissions shall accept for filing or
3approval any technical submissions relating to services
4requiring the involvement of an architect that do not bear the
5seal and signature of an architect licensed under this Act.
6    (d) It is unlawful to affix one's seal to technical
7submissions if it masks the true identity of the person who
8actually exercised responsible control of the preparation of
9such work. An architect who seals and signs technical
10submissions is not responsible for damage caused by subsequent
11changes to or uses of those technical submissions where the
12subsequent changes or uses, including changes or uses made by
13State or local governmental agencies, are not authorized or
14approved in writing by the architect who originally sealed and
15signed the technical submissions.
16(Source: P.A. 96-610, eff. 8-24-09.)
 
17    (225 ILCS 305/8)  (from Ch. 111, par. 1308)
18    (Section scheduled to be repealed on January 1, 2020)
19    Sec. 8. Powers and duties of the Department.
20    (a) The (1) Subject to the provisions of this Act, the
21Department shall, subject to the provisions of this Act,
22exercise the following functions, powers, and duties:
23        (1) Authorize (a) conduct examinations to ascertain
24    the qualifications and fitness of applicants for licensure
25    as architects, and pass upon the qualifications and fitness

 

 

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1    of applicants for licensure by endorsement. ;
2        (2) Adopt (b) prescribe rules for a method of
3    examination of candidates. ;
4        (3) Adopt (c) prescribe rules defining what
5    constitutes an approved architectural program. a school,
6    college or university, or department of a university, or
7    other institution, reputable and in good standing, to
8    determine whether or not a school, college or university,
9    or department of a university, or other institution is
10    reputable and in good standing by reference to compliance
11    with such rules, and to terminate the approval of such
12    school, college or university or department of a university
13    or other institution that refuses admittance to applicants
14    solely on the basis of race, color, creed, sex or national
15    origin. The Department may adopt, as its own rules relating
16    to education requirements, those guidelines published from
17    time to time by the National Architectural Accrediting
18    Board. ;
19        (4) Adopt (d) prescribe rules for diversified
20    professional training. ;
21        (5) Conduct hearings on proceedings to refuse to issue,
22    renew, or restore licenses or registrations, revoke
23    licenses or registrations, suspend licenses or
24    registrations, or place on probation or reprimand persons
25    or entities licensed or registered under the provisions of
26    this Act. (e) conduct oral interviews, disciplinary

 

 

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1    conferences and formal evidentiary hearings on proceedings
2    to impose fines or to suspend, revoke, place on
3    probationary status, reprimand, and refuse to issue or
4    restore any license issued under the provisions of this Act
5    for the reasons set forth in Section 22 of this Act;
6        (6) Issue (f) issue licenses and registrations to those
7    who meet the requirements of this Act. ;
8        (7) Adopt (g) formulate and publish rules necessary or
9    appropriate to carrying out the provisions of this Act;
10        (8) Maintain (h) maintain membership in the National
11    Council of Architectural Registration Boards and
12    participate in activities of the Council by designation of
13    individuals for the various classifications of membership
14    and the appointment of delegates for attendance at regional
15    and national meetings of the Council. All costs associated
16    with membership and attendance of such delegates to any
17    national meetings may be funded from the Design
18    Professionals Administration and Investigation Fund. ; and
19        (9) Review (i) review such applicant qualifications to
20    sit for the examination or for licensure that the Board
21    designates pursuant to Section 10 of this Act.
22        (10) Conduct investigations related to possible
23    violations of this Act.
24        (11) Post on the Department's website a newsletter
25    describing the most recent changes in this Act and the
26    rules adopted under this Act and containing information of

 

 

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1    any final disciplinary action that has been ordered under
2    this Act since the date of the last newsletter.
3    (b) (2) Upon the issuance of any final decision or order
4that deviates from any report or recommendation of the Board
5relating to the qualification of applicants, discipline of
6licensees or registrants, or adoption promulgation of rules,
7the Secretary shall notify the Board on any such deviation and
8shall specify with particularity the reasons for the action in
9with an explanation of the deviation and provide a reasonable
10time for the Board to submit comments to the Secretary
11regarding the final decision or order. The Department may at
12any time seek the expert advice and knowledge of the Board on
13any matter relating to the enforcement of this Act.
14    (c) (3) The Department may in its discretion, but shall not
15be required to, employ or utilize the legal services of outside
16counsel and the investigative services of outside personnel to
17assist the Department. However, no attorney employed or used by
18the Department shall prosecute a matter or provide legal
19services to the Department or Board with respect to the same
20matter.
21(Source: P.A. 98-976, eff. 8-15-14.)
 
22    (225 ILCS 305/9)  (from Ch. 111, par. 1309)
23    (Section scheduled to be repealed on January 1, 2020)
24    Sec. 9. Creation of the Board. The Secretary Director shall
25appoint an Architecture Licensing Board consisting which will

 

 

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1consist of 7 6 members who shall serve in an advisory capacity
2to the Secretary. All members of the Board shall be residents
3of Illinois. Six Five members shall (i) hold a valid
4architecture license in Illinois and have held the license
5under this Act for the preceding 10 years, and (ii) not have
6been disciplined within the preceding 10 years under this Act.
7One architect be architects, one of whom shall be a tenured
8member of the architectural faculty of an Illinois public
9university accredited by the National Architectural
10Accrediting Board. The other 4 shall be architects, residing in
11this State, who have been engaged in the practice of
12architecture at least 10 years. In addition to the 6 5
13architects, there shall be one public member. The public member
14shall be a voting member and shall not be licensed under this
15Act or any other design profession licensing Act that the
16Department administers not hold a license as an architect,
17professional engineer, structural engineer or land surveyor.
18    Board members shall serve 5-year 5 year terms and until
19their successors are appointed and qualified. In appointing
20members making the designation of persons to the Board, the
21Secretary Director shall give due consideration to
22recommendations by members and organizations of the
23architecture profession.
24    The membership of the Board should reasonably reflect
25representation from the geographic areas in this State.
26    No member shall be reappointed to the Board for a term

 

 

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1which would cause his or her continuous service on the Board to
2be longer than 2 consecutive 5-year terms 10 successive years.
3    Appointments to fill vacancies shall be made in the same
4manner as original appointments, for the unexpired portion of
5the vacated term.
6    Four members of the Board shall constitute a quorum. A
7quorum is required for Board decisions.
8    The Secretary Director may remove any member of the Board
9for misconduct, incompetence, or neglect of duty, or for
10reasons prescribed by law for removal of State officials.
11    The Secretary Director may remove a member of the Board who
12does not attend 2 consecutive meetings.
13    Notice of proposed rulemaking shall be transmitted to the
14Board and the Department shall review the response of the Board
15and any recommendations made therein. The Department may, at
16any time, seek the expert advice and knowledge of the Board on
17any matter relating to the administration or enforcement of
18this Act.
19    Members of the Board are not liable for damages in any
20action or proceeding as a result of activities performed as
21members of the Board, except upon proof of actual malice. are
22immune from suit in any action based upon any disciplinary
23proceedings or other activities performed in good faith as
24members of the Board.
25    Members of the Board shall be reimbursed for all
26legitimate, necessary, and authorized expenses.

 

 

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1(Source: P.A. 98-976, eff. 8-15-14.)
 
2    (225 ILCS 305/10)  (from Ch. 111, par. 1310)
3    (Section scheduled to be repealed on January 1, 2020)
4    Sec. 10. Powers and duties of the Board. Subject to the
5provisions of this Act, the Board shall exercise the following
6functions, powers, and duties:
7        (a) The Board shall hold at least 3 regular meetings
8    each year, conducted in accordance with the Open Meetings
9    Act.
10        (b) The Board shall annually elect a Chairperson and a
11    Vice Chairperson who shall be Illinois licensed
12    architects.
13        (c) The Board, upon request by the Department, may make
14    a curriculum evaluation or use a nationally certified
15    evaluation service to determine if courses conform to the
16    requirements of approved architectural programs.
17        (d) The Board shall assist the Department in conducting
18    oral interviews, disciplinary conferences and formal
19    evidentiary hearings.
20        (d) (e) The Department may, at any time, seek the
21    expert advice and knowledge of the Board on any matter
22    relating to the enforcement of this Act.
23        (e) (f) The Board may appoint a subcommittee to serve
24    as a Complaint Committee to recommend the disposition of
25    case files according to procedures established by rule in

 

 

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1    68 Ill. Adm. Code 1150.95, and any amendments or changes
2    thereto.
3        (f) The Board shall assist the Department in conducting
4    oral interviews, disciplinary conferences, informal
5    conferences, and formal evidentiary hearings.
6        (g) The Board shall review applicant qualifications to
7    sit for the examination or for licensure and shall make
8    recommendations to the Department except for those
9    applicant qualifications that the Board designates as
10    routinely acceptable. The Department shall review the
11    Board's recommendations on applicant qualifications. The
12    Secretary shall notify the Board with an explanation of any
13    deviation from the Board's recommendation on applicant
14    qualifications. After review of the Secretary's
15    explanation of his or her reasons for deviation, the Board
16    shall have the opportunity to comment upon the Secretary's
17    decision.
18        (h) The Board may submit comments to the Secretary
19    within a reasonable time from notification of any final
20    decision or order from the Secretary that deviates from any
21    report or recommendation of the Board relating to the
22    qualifications of applicants, unlicensed practice,
23    discipline of licensees or registrants, or promulgation of
24    rules.
25        (h) (i) The Board may recommend that the Department
26    contract with an individual or a corporation or other

 

 

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1    business entity to assist in the providing of
2    investigative, legal, prosecutorial, and other services
3    necessary to perform its duties pursuant to subsection (c)
4    (3) of Section 8 of this Act.
5(Source: P.A. 98-976, eff. 8-15-14.)
 
6    (225 ILCS 305/11)  (from Ch. 111, par. 1311)
7    (Section scheduled to be repealed on January 1, 2020)
8    Sec. 11. Application for licensure original license.
9    (a) Applications for original licenses licensure shall be
10made to the Department in writing on forms or electronically as
11prescribed by the Department and shall be accompanied by the
12required fee, which is not refundable. All applications shall
13contain information that, in the judgment of the Department,
14will enable the Department to pass on the qualifications of the
15applicant for a license as an architect. Any such application
16shall require information as in the judgment of the Department
17will enable the Department to pass on the qualifications of the
18applicant to practice architecture. The Department may require
19an applicant, at the applicant's expense, to have an evaluation
20of the applicant's education in a foreign country by an
21evaluation service approved by the Department Board in
22accordance with rules prescribed by the Department.
23    (b) Applicants have 3 years from the date of application to
24complete the application process. If the process has not been
25completed in 3 years, the application shall be denied, the fee

 

 

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1shall be forfeited, and the applicant must reapply and meet the
2requirements in effect at the time of reapplication.
3    An applicant who has graduated from an architectural
4program outside the United States or its territories and whose
5first language is not English shall submit certification of
6passage of the Test of English as a Foreign Language (TOEFL)
7and a test of spoken English as defined by rule. However, any
8such applicant who subsequently earns an advanced degree from
9an accredited educational institution in the United States or
10its territories shall not be subject to this requirement.
11(Source: P.A. 98-993, eff. 1-1-15.)
 
12    (225 ILCS 305/12)  (from Ch. 111, par. 1312)
13    (Section scheduled to be repealed on January 1, 2020)
14    Sec. 12. Examinations; subjects; failure or refusal to take
15examination.
16    (a) The Department shall authorize examinations of
17applicants for a license under this Act at such times and
18places as it may determine. The examination shall be of a
19character to give a fair test of the qualifications of the
20applicant to practice as an architect.
21    (b) An applicant for examination is required to pay, either
22to the Department or the designated testing service, a fee
23covering the cost of providing the examination. Failure to
24appear for the examination on the scheduled date, at the time
25and place specified, after the applicant's application for

 

 

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1examination has been received and acknowledged by the
2Department or the designated testing service, shall result in
3the forfeiture of the examination fee.
4    (c) If an applicant fails to pass an examination for
5licensure under this Act within 3 years after filing the
6application, the application shall be denied. However, such
7applicant may thereafter make a new application for examination
8accompanied by the required fee and must furnish proof of
9meeting the qualifications for examination in effect at the
10time of the new application.
11The Department shall authorize examination of applicants as
12architects at such times and places as it may determine. The
13examination shall be in English and shall be written or written
14and graphic. It shall include at a minimum the following
15subjects:
16        (a) pre-design (environmental analysis, architectural
17    programming, and application of principles of project
18    management and coordination);
19        (b) site planning (site analysis, design and
20    development, parking, and application of zoning
21    requirements);
22        (c) building planning (conceptual planning of
23    functional and space relationships, building design,
24    interior space layout, barrier-free design, and the
25    application of the life safety code requirements and
26    principles of energy efficient design);

 

 

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1        (d) building technology (application of structural
2    systems, building components, and mechanical and
3    electrical systems);
4        (e) general structures (identification, resolution,
5    and incorporation of structural systems and the long span
6    design on the technical aspects of the design of buildings
7    and the process and construction);
8        (f) lateral forces (identification and resolution of
9    the effects of lateral forces on the technical aspects of
10    the design of buildings and the process of construction);
11        (g) mechanical and electrical systems (as applied to
12    the design of buildings, including plumbing and acoustical
13    systems);
14        (h) materials and methods (as related to the design of
15    buildings and the technical aspects of construction); and
16        (i) construction documents and services (conduct of
17    architectural practice as it relates to construction
18    documents, bidding, and construction administration and
19    contractual documents from beginning to end of a building
20    project).
21    It shall be the responsibility of the applicant to be
22familiar with this Act and its rules.
23    Examination subject matter headings and bases on which
24examinations are graded shall be indicated in rules pertaining
25to this Act. The Department may adopt the examinations and
26grading procedures of the National Council of Architectural

 

 

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1Registration Boards. Content of any particular examination
2shall not be considered public record under the Freedom of
3Information Act.
4    If an applicant neglects without an approved excuse or
5refuses to take the next available examination offered for
6licensure under this Act, the fee paid by the applicant shall
7be forfeited. If an applicant fails to pass an examination for
8licensure under this Act within 3 years after filing an
9application, the application shall be denied. The applicant
10may, however, make a new application for examination
11accompanied by the required fee and must furnish proof of
12meeting the qualifications for examination in effect at the
13time of the new application.
14    (d) An applicant shall have 5 years from the passage of the
15first examination to successfully complete all examinations
16required by rule of the Department.
17    The Department may by rule prescribe additional subjects
18for examination.
19    (e) An applicant has one year from the date of notification
20of successful completion of all the examination and experience
21requirements to apply to the Department for a license. If an
22applicant fails to apply within one year, the applicant shall
23be required to again take and pass the examination, unless the
24Department, upon recommendation of the Board, determines that
25there is sufficient cause for the delay that is not due to the
26fault of the applicant.

 

 

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1(Source: P.A. 98-976, eff. 8-15-14.)
 
2    (225 ILCS 305/13)  (from Ch. 111, par. 1313)
3    (Section scheduled to be repealed on January 1, 2020)
4    Sec. 13. Qualifications of applicants. Any person who is of
5good moral character may apply for licensure if he or she is a
6graduate with a first professional degree in architecture from
7a program accredited by the National Architectural Accrediting
8Board, has completed the examination requirements set forth
9under Section 12 of this Act, and has completed such
10diversified professional training, including academic
11training, as is required by rules of the Department. Until
12January 1, 2016, in lieu of the requirement of graduation with
13a first professional degree in architecture from a program
14accredited by the National Architectural Accrediting Board,
15the Department may admit an applicant who is a graduate with a
16pre-professional 4 year baccalaureate degree accepted for
17direct entry into a first professional master of architecture
18degree program, and who has completed such additional
19diversified professional training, including academic
20training, as is required by rules of the Department. The
21Department may adopt, as its own rules relating to diversified
22professional training, those guidelines published from time to
23time by the National Council of Architectural Registration
24Boards.
25    Good moral character means such character as will enable a

 

 

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1person to discharge the fiduciary duties of an architect to
2that person's client and to the public in a manner that which
3protects health, safety, and welfare. Evidence of inability to
4discharge such duties may include the commission of an offense
5justifying discipline under Section 22. In addition, the
6Department may take into consideration whether the applicant
7has engaged in conduct or actions that would constitute grounds
8for discipline under this Act.
9(Source: P.A. 98-288, eff. 8-9-13.)
 
10    (225 ILCS 305/14)  (from Ch. 111, par. 1314)
11    (Section scheduled to be repealed on January 1, 2020)
12    Sec. 14. Seal Display of license; seal. Every holder of a
13license as an architect shall display it in a conspicuous place
14in the principal office of the architect. Every architect shall
15have a reproducible seal, or facsimile, the impression print of
16which shall contain the name of the architect, the license
17number, and the words "Licensed Architect, State of Illinois".
18The architect shall affix the signature, current date, date of
19license expiration, and seal to the first sheet of any bound
20set or loose sheets of technical submissions used utilized as
21contract documents between the parties to the contract or
22prepared for the review and approval of any governmental or
23public authority having jurisdiction by that architect or under
24that architect's responsible control. The sheet of technical
25submissions in which the seal is affixed shall indicate those

 

 

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1documents or parts thereof for which the seal shall apply. The
2seal and dates may be electronically affixed. The licensee may
3provide, at his or her sole discretion, an original signature
4in the licensee's handwriting, a scanned copy of the document
5bearing an original signature, or a signature generated by a
6computer. All technical submissions issued by any corporation,
7partnership, professional service corporation, or professional
8design firm as registered under this Act shall contain the
9corporate or assumed business name and design firm registration
10number, in addition to any other seal requirements as set forth
11in this Section.
12    "Responsible control" means that amount of control over and
13detailed professional knowledge of the content of technical
14submissions during their preparation as is ordinarily
15exercised by architects applying the required professional
16standard of care. Merely reviewing or reviewing and correcting
17the technical submissions or any portion thereof prepared by
18those not in the regular employment of the office where the
19architect is resident without control over the content of such
20work throughout its preparation does not constitute
21responsible control.
22    An architect licensed under this Act the laws of this
23jurisdiction shall not sign and seal technical submissions that
24were not prepared by or under the responsible control of the
25architect except that:
26        (1) the architect may sign and seal those portions of

 

 

10100SB1684ham001- 22 -LRB101 08690 RPS 60413 a

1    the technical submissions that were prepared by or under
2    the responsible control of persons who hold a license under
3    this Act, and who shall have signed and sealed the
4    documents, if the architect has reviewed in whole or in
5    part such portions and has either coordinated their
6    preparation or integrated them into his or her work;
7        (2) the architect may sign and seal portions of the
8    professional work that are not required by this Act to be
9    prepared by or under the responsible control of an
10    architect if the architect has reviewed and adopted in
11    whole or in part such portions and has integrated them into
12    his or her work; and
13        (3) a partner or corporate officer of a professional
14    design firm registered in Illinois who is licensed under
15    the architecture licensing laws of this State, and who has
16    professional knowledge of the content of the technical
17    submissions and intends to be responsible for the adequacy
18    of the technical submissions, may sign and seal technical
19    submissions that are prepared by or under the responsible
20    control of architects who are licensed in this State and
21    who are in the regular employment of the professional
22    design firm.
23    The architect exercising responsible control under which
24the technical submissions documents or portions of the
25technical submissions documents were prepared shall be
26identified on the technical submissions documents or portions

 

 

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1of the technical submissions documents by name and Illinois
2license number.
3    Any architect who signs and seals technical submissions not
4prepared by that architect but prepared under the architect's
5responsible control by persons not regularly employed in the
6office where the architect is resident shall maintain and make
7available to the board upon request for at least 5 years
8following such signing and sealing, adequate and complete
9records demonstrating the nature and extent of the architect's
10control over and detailed professional knowledge of such
11technical submissions throughout their preparation.
12(Source: P.A. 98-289, eff. 1-1-14; 98-976, eff. 8-15-14.)
 
13    (225 ILCS 305/16)  (from Ch. 111, par. 1316)
14    (Section scheduled to be repealed on January 1, 2020)
15    Sec. 16. Renewal, reinstatement, or restoration of
16license; persons Licenses; renewal; restoration; architects in
17military service.
18    (a) The expiration date and renewal period for each license
19issued under this Act shall be set by rule. The holder of a
20license may renew such license during the month preceding the
21expiration date thereof by paying the required fee.
22    (b) An architect who has permitted his or her license to
23expire or who has had his or her license placed on inactive
24status may have his or her license restored by making
25application to the Department and filing proof acceptable to

 

 

10100SB1684ham001- 24 -LRB101 08690 RPS 60413 a

1the Department of his or her fitness to have his or her license
2restored, including, but not limited to, sworn evidence
3certifying to active practice in another jurisdiction
4satisfactory to the Department, and by paying the required
5restoration fee as determined by rule.
6    If the person has not maintained an active practice in
7another jurisdiction satisfactory to the Department, the Board
8shall determine, by an evaluation program established by rule,
9that person's fitness to resume active status and may require
10that person to successfully complete an examination.
11    Any person whose license has been expired for more than 3
12years may have his license restored by making application to
13the Department and filing proof acceptable to the Department of
14his fitness to have his license restored, including sworn
15evidence certifying to active practice in another
16jurisdiction, and by paying the required restoration fee.
17    (c) An architect However, any person whose license has
18expired while he has been engaged (1) in federal service on
19active duty with the Armed Forces Army of the United States,
20the United States Navy, the Marine Corps, the Air Force, the
21Coast Guard, or the State Militia called into the service or
22training of the United States of America, or (2) in training or
23education under the supervision of the United States
24preliminary to induction into the military service, may have a
25his license restored or reinstated without paying any lapsed
26reinstatement, renewal, fees or restoration fees fee if within

 

 

10100SB1684ham001- 25 -LRB101 08690 RPS 60413 a

12 years after termination other than by dishonorable discharge
2of such service, training, or education and the Department is
3furnished with satisfactory evidence that the licensee has been
4so engaged in the practice of architecture and that such
5service, training, or education has been so terminated other
6than by dishonorable discharge he furnishes the Department with
7an affidavit to the effect that he has been so engaged and that
8his service, training or education has been so terminated.
9(Source: P.A. 98-976, eff. 8-15-14.)
 
10    (225 ILCS 305/17)  (from Ch. 111, par. 1317)
11    (Section scheduled to be repealed on January 1, 2020)
12    Sec. 17. Inactive status; restoration. A person licensed
13under this Act Any architect, who notifies the Department in
14writing on forms prescribed by the Department, may elect to
15place his or her license on an inactive status and shall,
16subject to rules of the Department, be excused from payment of
17renewal fees until he or she notifies the Department in writing
18of his or her desire to resume active status.
19    Any architect requesting restoration from inactive status
20shall be required to pay the current renewal fee and shall have
21his or her license restored as provided in Section 16 of this
22Act.
23    Any architect whose license is in an inactive status shall
24not practice architecture in the State of Illinois.
25(Source: P.A. 98-976, eff. 8-15-14.)
 

 

 

10100SB1684ham001- 26 -LRB101 08690 RPS 60413 a

1    (225 ILCS 305/17.5)
2    (Section scheduled to be repealed on January 1, 2020)
3    Sec. 17.5. Architect, Retired.
4    (a) Pursuant to Section 2105-15 of the Department of
5Professional Regulation Law of the Civil Administrative Code of
6Illinois, the Department may grant the title "Architect,
7Retired" may be used by to any person who has been duly
8licensed as an architect under this Act by the Department and
9who has chosen to place on inactive status or not renew his or
10her license. Those persons using granted the title "Architect,
11Retired" may request restoration to active status under the
12applicable provisions of this Act.
13    (b) The use of the title "Architect, Retired" shall not
14constitute representation of current licensure. Any person
15without an active license shall not be permitted to practice
16architecture as defined in this Act.
17    (c) Nothing in this Section shall be construed to require
18the Department to issue any certificate, credential, or other
19official document indicating that a person may use has been
20granted the title "Architect, Retired".
21(Source: P.A. 96-610, eff. 8-24-09.)
 
22    (225 ILCS 305/18)  (from Ch. 111, par. 1318)
23    (Section scheduled to be repealed on January 1, 2020)
24    Sec. 18. Endorsement.

 

 

10100SB1684ham001- 27 -LRB101 08690 RPS 60413 a

1    (a) The Department may, upon application in writing on
2forms or electronically accompanied by the required fee, issue
3a license as an architect to an applicant licensed under the
4laws of another state, the District of Columbia, or a territory
5of the United States if the requirements for licensure in that
6jurisdiction were, on the date of original licensure,
7substantially equivalent to the requirements then in force in
8this State.
9    (b) If the accuracy of any submitted documentation or
10relevance or sufficiency of the coursework or experience is
11questioned by the Department or the Board because of a lack of
12information, discrepancies or conflicts in information given,
13or a need for clarification, the applicant seeking licensure
14may be required to provide additional information.
15The Department may, in its discretion, license as an architect,
16without examination on payment of the required fee, an
17applicant who is an architect licensed under the laws of
18another state or territory, if the requirements for licensure
19in the state or territory in which the applicant was licensed
20were, at the date of his licensure, substantially equivalent to
21the requirements in force in this State on that date.
22    (c) Applicants have 3 years from the date of application to
23complete the application process. If the process has not been
24completed within the 3 years, the application shall be denied,
25the fee shall be forfeited, and the applicant must reapply and
26meet the requirements in effect at the time of reapplication.

 

 

10100SB1684ham001- 28 -LRB101 08690 RPS 60413 a

1(Source: P.A. 86-702.)
 
2    (225 ILCS 305/19)  (from Ch. 111, par. 1319)
3    (Section scheduled to be repealed on January 1, 2020)
4    Sec. 19. Fees.
5    (a) The Department shall provide by rule for a schedule of
6fees to be paid for licenses or registrations by all
7applicants. All fees are not refundable.
8    (b) The fees for the administration and enforcement of this
9Act, including, but not limited to, original licensure, firm
10registration, renewal, and restoration, shall be set by rule by
11the Department.
12    (c) All of the fees and fines collected as authorized under
13this Act pursuant to this Section shall be deposited in the
14Design Professionals Administration and Investigation Fund. Of
15the moneys deposited into the Design Professionals
16Administration and Investigation Fund, the Department may use
17such funds as necessary and available to produce and distribute
18newsletters to persons licensed under this Act.
19    Any person who delivers a check or other payment to the
20Department that is returned to the Department unpaid by the
21financial institution upon which it is drawn shall pay to the
22Department, in addition to the amount already owed to the
23Department, a fine of $50. The fines imposed by this Section
24are in addition to any other discipline provided under this Act
25for unlicensed practice or practice on a nonrenewed license.

 

 

10100SB1684ham001- 29 -LRB101 08690 RPS 60413 a

1The Department shall notify the person that payment of fees and
2fines shall be paid to the Department by certified check or
3money order within 30 calendar days of the notification. If,
4after the expiration of 30 days from the date of the
5notification, the person has failed to submit the necessary
6remittance, the Department shall automatically terminate the
7license or certificate or deny the application, without
8hearing. If, after termination or denial, the person seeks a
9license or certificate, he or she shall apply to the Department
10for restoration or issuance of the license or certificate and
11pay all fees and fines due to the Department. The Department
12may establish a fee for the processing of an application for
13restoration of a license or certificate to pay all expenses of
14processing this application. The Director may waive the fines
15due under this Section in individual cases where the Director
16finds that the fines would be unreasonable or unnecessarily
17burdensome.
18(Source: P.A. 91-133, eff. 1-1-00; 92-146, eff. 1-1-02.)
 
19    (225 ILCS 305/20)  (from Ch. 111, par. 1320)
20    (Section scheduled to be repealed on January 1, 2020)
21    Sec. 20. Roster of licensees and registrants. The
22Department shall maintain a roster showing the address of
23record of individuals and entities who hold licenses or
24registrations under this Act. A roster showing the names and
25addresses of all architects, architectural corporations and

 

 

10100SB1684ham001- 30 -LRB101 08690 RPS 60413 a

1partnerships and professional design firms licensed or
2registered under this Act shall be prepared by the Department
3each year. This roster shall be organized by discipline and
4available by discipline upon written request and payment of the
5required fee.
6(Source: P.A. 94-543, eff. 8-10-05.)
 
7    (225 ILCS 305/21)  (from Ch. 111, par. 1321)
8    (Section scheduled to be repealed on January 1, 2020)
9    Sec. 21. Professional design firm registration;
10conditions.
11    (a) Nothing in this Act shall prohibit the formation, under
12the provisions of the Professional Service Corporation Act, of
13a corporation to offer the practice of architecture.
14    Any business, including, but not limited to, a Professional
15Service Corporation, that includes the practice of
16architecture within its stated purposes, practices
17architecture, or holds itself out as available to practice
18architecture shall register with the Department under this
19Section. Any professional service corporation, sole
20proprietorship, or professional design firm offering
21architectural services must have a resident architect in
22responsible charge of the architectural practices in each
23location in which architectural services are provided who shall
24be designated as a managing agent.
25    Any sole proprietorship not owned and operated by an

 

 

10100SB1684ham001- 31 -LRB101 08690 RPS 60413 a

1Illinois licensed design professional licensed under this Act
2is prohibited from offering architectural services to the
3public. "Illinois licensed design professional" means a person
4who holds an active license as an architect under this Act, as
5a structural engineer under the Structural Engineering
6Practice Act of 1989, as a professional engineer under the
7Professional Engineering Practice Act of 1989, or as a
8professional land surveyor under the Professional Land
9Surveyor Act of 1989. Any sole proprietorship owned and
10operated by an architect with an active license issued under
11this Act and conducting or transacting such business under an
12assumed name in accordance with the provisions of the Assumed
13Business Name Act shall comply with the registration
14requirements of a professional design firm. Any sole
15proprietorship owned and operated by an architect with an
16active license issued under this Act and conducting or
17transacting such business under the real name of the sole
18proprietor is exempt from the registration requirements of a
19professional design firm.
20    (b) Any business corporation, including, but not limited
21to, a Professional Service Corporation, partnership, limited
22liability company, or professional design firm seeking to be
23registered under this Section shall not be registered as a
24professional design firm unless:
25        (1) two-thirds of the board of directors, in the case
26    of a corporation, or two-thirds of the general partners, in

 

 

10100SB1684ham001- 32 -LRB101 08690 RPS 60413 a

1    the case of a partnership, or two-thirds of the members, in
2    the case of a limited liability company, are licensed under
3    the laws of any State to practice architecture,
4    professional engineering, land surveying, or structural
5    engineering; and
6        (2) a managing agent is (A) a sole proprietor or a
7    director in the case of a corporation, a general partner in
8    the case of a partnership, or a member in the case of a
9    limited liability company, and (B) holds a license under
10    this Act.
11    Any corporation, limited liability company, professional
12service corporation, or partnership qualifying under this
13Section and practicing in this State shall file with the
14Department any information concerning its officers, directors,
15members, managers, partners or beneficial owners as the
16Department may, by rule, require.
17    (c) No business shall offer the practice or hold itself out
18as available to offer the practice of architecture until it is
19registered with the Department as a professional design firm.
20Every entity registered as a professional design firm shall
21display its certificate of registration or a facsimile thereof
22in a conspicuous place in each office offering architectural
23services.
24    (d) Any business seeking to be registered under this
25Section shall make application on a form provided by the
26Department and shall provide any information requested by the

 

 

10100SB1684ham001- 33 -LRB101 08690 RPS 60413 a

1Department, which shall include but shall not be limited to all
2of the following:
3        (1) The name and architect's license number of at least
4    one person designated as a managing agent. In the case of a
5    corporation, the corporation shall also submit a certified
6    copy of the resolution by the board of directors
7    designating at least one managing agent. If a limited
8    liability company, the company shall submit a certified
9    copy of either its articles of organization or operating
10    agreement designating at least one managing agent.
11        (2) The names and architect's, professional
12    engineer's, structural engineer's, or land surveyor's
13    license numbers of the directors, in the case of a
14    corporation, the members, in the case of a limited
15    liability company, or general partners, in the case of a
16    partnership.
17        (3) A list of all locations at which the professional
18    design firm provides architectural services.
19        (4) A list of all assumed names of the business.
20    Nothing in this Section shall be construed to exempt a
21    business from compliance with the requirements of the
22    Assumed Business Name Act.
23    It is the responsibility of the professional design firm to
24provide the Department notice, in writing, of any changes in
25the information requested on the application.
26    (e) If In the event a managing agent is terminated or

 

 

10100SB1684ham001- 34 -LRB101 08690 RPS 60413 a

1terminates his or her status as managing agent of the
2professional design firm, the managing agent and the
3professional design firm shall notify the Department of this
4fact in writing, by regular certified mail or email, within 10
5business days of termination.
6    Thereafter, the professional design firm, if it has so
7informed the Department, has 30 days in which to notify the
8Department of the name and architect's license number of the
9architect who is the newly designated managing agent. If a
10corporation, the corporation shall also submit a certified copy
11of a resolution by the board of directors designating the new
12managing agent. If a limited liability company, the company
13shall also submit a certified copy of either its articles of
14organization or operating agreement designating the new
15managing agent. The Department may, upon good cause shown,
16extend the original 30-day 30 day period.
17    If the professional design firm has not notified the
18Department in writing, by regular certified mail or email,
19within the specified time, the registration shall be terminated
20without prior hearing. Notification of termination shall be
21sent by regular certified mail to the address of record. If the
22professional design firm continues to operate and offer
23architectural services after the termination, the Department
24may seek prosecution under Sections 22, 36, and 23.5 36a of
25this Act for the unlicensed practice of architecture.
26    (f) No professional design firm shall be relieved of

 

 

10100SB1684ham001- 35 -LRB101 08690 RPS 60413 a

1responsibility for the conduct or acts of its agents,
2employees, or officers by reason of its compliance with this
3Section, nor shall any individual practicing architecture be
4relieved of the responsibility for professional services
5performed by reason of the individual's employment or
6relationship with a professional design firm registered under
7this Section.
8    (g) Disciplinary action against a professional design firm
9registered under this Section shall be administered in the same
10manner and on the same grounds as disciplinary action against a
11licensed architect. All disciplinary action taken or pending
12against a corporation or partnership before the effective date
13of this amendatory Act of 1993 shall be continued or remain in
14effect without the Department filing separate actions.
15(Source: P.A. 98-976, eff. 8-15-14.)
 
16    (225 ILCS 305/22)  (from Ch. 111, par. 1322)
17    (Section scheduled to be repealed on January 1, 2020)
18    Sec. 22. Grounds for disciplinary action Refusal,
19suspension and revocation of licenses; causes.
20    (a) The Department may, singularly or in combination,
21refuse to issue or , renew a license or restore, or may suspend,
22revoke, suspend, place on probation, reprimand, or take other
23disciplinary or non-disciplinary action the Department may
24deem proper as deemed appropriate, including fines not to
25exceed $10,000 for each violation, but not limited to, the

 

 

10100SB1684ham001- 36 -LRB101 08690 RPS 60413 a

1imposition of fines not to exceed $10,000 for each violation,
2as the Department may deem proper, with regard to any a license
3issued under this Act, for any one or a combination of the
4following reasons causes:
5        (1) Material material misstatement in furnishing
6    information to the Department. ;
7        (2) Negligence negligence, incompetence, or misconduct
8    in the practice of architecture. ;
9        (3) Failure failure to comply with any of the
10    provisions of this Act or any of the rules. ;
11        (4) Fraud or making any misrepresentation in applying
12    for or procuring a license or registration under this Act
13    or in connection with applying for renewal or restoration
14    of a license or registration under this Act. for the
15    purpose of obtaining licensure;
16        (5) Purposefully purposefully making false statements
17    or signing false statements, certificates or affidavits to
18    induce payment. ;
19        (6) Conviction conviction of or entry of a plea of
20    guilty or nolo contendere, finding of guilt, jury verdict,
21    or entry of judgment or sentencing, including, but not
22    limited to, convictions, preceding sentences of
23    supervision, conditional discharge, or first offender
24    probation to any crime that is a felony under the laws of
25    any jurisdiction of the United States or any state or
26    territory thereof or that is (i) a misdemeanor, an

 

 

10100SB1684ham001- 37 -LRB101 08690 RPS 60413 a

1    essential element of which is dishonesty, or any crime that
2    is directly related to the practice of the profession of
3    architecture or (ii) a felony. ;
4        (7) Aiding aiding or assisting another person in
5    violating any provision of this Act or the its rules
6    adopted under this Act. ;
7        (8) Failing to provide information in response to a
8    written request made by the Department within 60 days after
9    receipt of the written request. signing, affixing the
10    architect's seal or permitting the architect's seal to be
11    affixed to any technical submission not prepared by the
12    architect or under that architect's responsible control;
13        (9) Engaging engaging in dishonorable, unethical or
14    unprofessional conduct of a character likely to deceive,
15    defraud or harm the public. ;
16        (10) Habitual habitual or excessive use or abuse of
17    drugs defined in law as controlled substances, addiction to
18    alcohol, narcotics, stimulants, or any other substances
19    chemical agent or drug that results in the inability to
20    practice with reasonable judgment, skill, or safety. ;
21        (11) Making making a statement of compliance pursuant
22    to the Environmental Barriers Act that technical
23    submissions prepared by the architect or prepared under the
24    architect's responsible control for construction or
25    alteration of an occupancy required to be in compliance
26    with the Environmental Barriers Act are in compliance with

 

 

10100SB1684ham001- 38 -LRB101 08690 RPS 60413 a

1    the Environmental Barriers Act when such technical
2    submissions are not in compliance. ;
3        (12) A finding by the Department that an applicant or
4    licensee has failed to pay a fine imposed by the
5    Department. a finding by the Board that an applicant or
6    registrant has failed to pay a fine imposed by the
7    Department or a registrant, whose license has been placed
8    on probationary status, has violated the terms of
9    probation;
10        (13) A finding by the Department that the licensee,
11    after having his or her license placed on probationary
12    status, has violated or failed to comply with the terms of
13    probation. discipline by another state, territory, foreign
14    country, the District of Columbia, the United States
15    government, or any other governmental agency, if at least
16    one of the grounds for discipline is the same or
17    substantially equivalent to those set forth herein;
18        (14) Inability to practice the profession with
19    reasonable judgment, skill, or safety as a result of
20    physical illness, including, but not limited to,
21    deterioration through the aging process, loss of motor
22    skill, mental illness, or disability. failure to provide
23    information in response to a written request made by the
24    Department within 30 days after the receipt of such written
25    request;
26        (15) Discipline by another state, territory, foreign

 

 

10100SB1684ham001- 39 -LRB101 08690 RPS 60413 a

1    country, the District of Columbia, the United States
2    government, or any other governmental agency if at least
3    one of the grounds for discipline is the same or
4    substantially equivalent to those set forth in this Act.
5    physical illness, including, but not limited to,
6    deterioration through the aging process or loss of motor
7    skill, mental illness, or disability which results in the
8    inability to practice the profession with reasonable
9    judgment, skill, and safety, including without limitation
10    deterioration through the aging process, mental illness,
11    or disability.
12        (16) The making of any willfully false oath or
13    affirmation in any matter or proceeding where an oath or
14    affirmation is required by this Act.
15        (17) Using or attempting to use an expired, inactive,
16    suspended, or revoked license or the certificate or seal of
17    another or impersonating another licensee.
18        (19) Signing, affixing, or allowing the architect's
19    seal to be affixed to any technical submission not prepared
20    by the architect or under the architect's responsible
21    control.
22    (a-5) In enforcing this Section, the Department or Board,
23upon a showing of a possible violation, may order a licensee or
24applicant to submit to a mental or physical examination, or
25both, at the expense of the Department. The Department or Board
26may order the examining physician to present testimony

 

 

10100SB1684ham001- 40 -LRB101 08690 RPS 60413 a

1concerning his or her examination of the licensee or applicant.
2No information shall be excluded by reason of any common law or
3statutory privilege relating to communications between the
4licensee or applicant and the examining physician. The
5examining physicians shall be specifically designated by the
6Board or Department. The licensee or applicant may have, at his
7or her own expense, another physician of his or her choice
8present during all aspects of the examination. Failure of a
9licensee or applicant to submit to any such examination when
10directed, without reasonable cause as defined by rule, shall be
11grounds for either the immediate suspension of his or her
12license or immediate denial of his or her application.
13    If the Secretary immediately suspends the license of a
14licensee for his or her failure to submit to a mental or
15physical examination when directed, a hearing must be convened
16by the Department within 15 days after the suspension and
17completed without appreciable delay.
18    If the Secretary otherwise suspends a license pursuant to
19the results of the licensee's mental or physical examination, a
20hearing must be convened by the Department within 15 days after
21the suspension and completed without appreciable delay. The
22Department and Board shall have the authority to review the
23licensee's record of treatment and counseling regarding the
24relevant impairment or impairments to the extent permitted by
25applicable federal statutes and regulations safeguarding the
26confidentiality of medical records.

 

 

10100SB1684ham001- 41 -LRB101 08690 RPS 60413 a

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

 

 

10100SB1684ham001- 42 -LRB101 08690 RPS 60413 a

1Regulation Law of the Civil Administrative Code of Illinois.
2    (e) The Department shall refuse to issue or renew or shall
3revoke or suspend a person's license or entity's registration
4or shall take other disciplinary action against that person or
5entity for his or her failure to file a return, to pay the tax,
6penalty, or interest shown in a filed return, or to pay any
7final assessment of tax, penalty, or interest as required by
8any tax Act administered by the Department of Revenue, until
9the requirements of the tax Act are satisfied in accordance
10with subsection (g) of Section 2105-15 of the Department of
11Professional Regulation Law of the Civil Administrative Code of
12Illinois. The Department shall deny a license or renewal
13authorized by this Act to a person who has failed to file a
14return, to pay the tax, penalty, or interest shown in a filed
15return, or to pay any final assessment of tax, penalty, or
16interest as required by any tax Act administered by the
17Department of Revenue, until such time as the requirements of
18the tax Act are satisfied in accordance with subsection (g) of
19Section 2105-15 of the Department of Professional Regulation
20Law of the Civil Administrative Code of Illinois.
21    (f) Persons who assist the Department as consultants or
22expert witnesses in the investigation or prosecution of alleged
23violations of the Act, licensure matters, restoration
24proceedings, or criminal prosecutions, shall not be liable for
25damages in any civil action or proceeding as a result of such
26assistance, except upon proof of actual malice. The attorney

 

 

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1general shall defend such persons in any such action or
2proceeding.
3(Source: P.A. 100-872, eff. 8-14-18.)
 
4    (225 ILCS 305/23)  (from Ch. 111, par. 1323)
5    (Section scheduled to be repealed on January 1, 2020)
6    Sec. 23. Injunction Violations; injunction; cease and
7desist order.
8    (a) If any person or entity violates a provision of this
9Act, the Secretary Director may, in the name of the People of
10the State of Illinois, through the Attorney General of the
11State of Illinois, petition for an order enjoining such
12violation or for an order enforcing compliance with this Act.
13Upon the filing of a verified petition in such court, the court
14may issue a temporary restraining order, without notice or
15bond, and may preliminarily and permanently enjoin such
16violation. If it is established that such person or entity has
17violated or is violating the injunction, the court Court may
18punish the offender for contempt of court. Proceedings under
19this Section are in addition to, and not in lieu of, all other
20remedies and penalties provided by this Act.
21    (b) If any person or entity practices as an architect or
22holds himself, herself, or itself out as an architect or
23professional design firm without being licensed or registered
24under the provisions of this Act, then any architect, any
25interested party or any person injured thereby may, in addition

 

 

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1to the Secretary Director, petition for relief as provided in
2subsection (a) of this Section.
3    (c) If, Whenever in the opinion of the Department, any
4person or entity violates any provision of this Act, the
5Department may issue a rule to show cause why an order to cease
6and desist should not be entered against the person or entity
7him. The rule shall clearly set forth the grounds relied upon
8by the Department and shall provide a period of 7 days from the
9date of the rule to file an answer to the satisfaction of the
10Department. Failure to answer to the satisfaction of the
11Department shall cause an order to cease and desist to be
12issued immediately.
13(Source: P.A. 98-976, eff. 8-15-14.)
 
14    (225 ILCS 305/23.5)
15    (Section scheduled to be repealed on January 1, 2020)
16    Sec. 23.5. Unlicensed practice; violation; civil penalty.
17    (a) Use of the title "architect" or any of its derivations
18is limited to those persons or entities licensed or registered
19under this Act. Any person who practices, offers to practice,
20attempts to practice, or holds himself or herself oneself out
21to practice as an architect without being licensed under this
22Act shall, in addition to any other penalty provided by law,
23pay a civil penalty to the Department in an amount not to
24exceed $10,000 for each offense as determined by the
25Department. The civil penalty shall be assessed by the

 

 

10100SB1684ham001- 45 -LRB101 08690 RPS 60413 a

1Department after a hearing is held in accordance with the
2provisions set forth in this Act regarding the provision of a
3hearing for the discipline of a licensee.
4    (b) An entity or business that offers design services under
5this Act without being registered as a professional design firm
6or exempt under this Act shall, in addition to any other
7penalty provided by law, pay a civil penalty to the Department
8in an amount not to exceed $10,000 for each offense, as
9determined by the Department. The civil penalty shall be
10assessed by the Department after a hearing is held in
11accordance with the provisions set forth in this Act regarding
12the provision of a hearing for the discipline of a licensee.
13(a-5) Any entity that advertises architecture services in a
14telecommunications directory must include its architecture
15firm registration number or, in the case of a sole proprietor,
16his or her individual license number. Nothing in this
17subsection (a-5) requires the publisher of a
18telecommunications directory to investigate or verify the
19accuracy of the registration or license number provided by the
20advertiser of architecture services.
21    (c) (b) The Department may has the authority and power to
22investigate any actual, alleged, or suspected and all
23unlicensed activity.
24    (d) (c) The civil penalty shall be paid within 60 days
25after the effective date of the order imposing the civil
26penalty. The order shall constitute a judgment and may be filed

 

 

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1and execution had thereon in the same manner as any judgment
2from any court of record.
3    (e) A person or entity not licensed or registered under
4this Act who has violated any provision of this Act or its
5rules is guilty of a Class A misdemeanor for the first offense
6and a Class 4 felony for a second and subsequent offenses.
7(Source: P.A. 96-610, eff. 8-24-09.)
 
8    (225 ILCS 305/24)  (from Ch. 111, par. 1324)
9    (Section scheduled to be repealed on January 1, 2020)
10    Sec. 24. Investigations; notice and hearing.
11    (a) The Department may investigate the actions of any
12applicant or of any person or entity holding or claiming to
13hold a license under this Act or registration.
14    (b) Before the initiation of a formal complaint an
15investigation, the matter shall be reviewed by a subcommittee
16of the Board according to procedures established by rule for
17the Complaint Committee. If a subcommittee has not been formed,
18the matter shall proceed through the process as stated in
19subsection (c) of this Section.
20    (c) The Department shall, before disciplining an
21applicant, licensee, or registrant refusing to restore, issue
22or renew a license or registration, or discipline a licensee or
23registrant, at least 30 days prior to the date set for the
24hearing, (i) notify in writing the accused applicant for, or
25holder of, a license or registrant of the nature of the charges

 

 

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1made and the time and place for the hearing on the charges,
2(ii) and that a hearing will be held on the date designated,
3and direct the applicant, registrant, or entity or licensee or
4registrant to file a written answer to the charges Board under
5oath within 20 days after the service of the notice, and (iii)
6inform the applicant, or entity or licensee, or registrant that
7failure to file a written an answer to the charges will result
8in a default being entered against the applicant, licensee, or
9registrant. taken against the applicant or entity or licensee
10or registrant and that the license or certificate may be
11suspended, revoked, placed on probationary status, or other
12disciplinary action may be taken, including limiting the scope,
13nature or extent of practice, as the Director may deem proper.
14Written notice may be served by personal delivery or certified
15or registered mail to the respondent at the address of record
16with the Department. In case the person or entity fails to file
17an answer after receiving notice, his or her license or
18certificate may, in the discretion of the Department, be
19suspended, revoked, or placed on probationary status, or the
20Department may take whatever disciplinary action deemed
21proper, including limiting the scope, nature, or extent of the
22person's practice or the imposition of a fine, without a
23hearing, if the act or acts charged constitute sufficient
24grounds for such action under this Act. At the time and place
25fixed in the notice, the Board shall proceed to hear the
26charges and the parties or their counsel shall be accorded

 

 

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1ample opportunity to present such statements, testimony,
2evidence and argument as may be pertinent to the charges or to
3their defense. The Board may continue the hearing from time to
4time.
5    (d) Written or electronic notice, and any notice in the
6subsequent proceeding, may be served by personal delivery, by
7email, or by mail to the applicant, licensee, or registrant at
8his or her address of record or email address of record.
9    (e) At the time and place fixed in the notice, the Board or
10hearing officer appointed by the Secretary shall proceed to
11hear the charges and the parties or their counsel shall be
12accorded ample opportunity to present any statement,
13testimony, evidence, and argument as may be pertinent to the
14charges or to their defense. The Board or hearing officer may
15continue the hearing from time to time.
16    (f) If the applicant, licensee, or registrant, after
17receiving the notice, fails to file an answer, his or her
18license or registration may, in the discretion of the
19Secretary, having first received the recommendation of the
20Board, be suspended, revoked, or placed on probationary status
21or be subject to whatever disciplinary action the Secretary
22considers proper, including limiting the scope, nature, or
23extent of the person's practice or imposing a fine, without
24hearing, if the act or acts charged constitute sufficient
25grounds for the action under this Act.
26(Source: P.A. 96-610, eff. 8-24-09.)
 

 

 

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1    (225 ILCS 305/25)  (from Ch. 111, par. 1325)
2    (Section scheduled to be repealed on January 1, 2020)
3    Sec. 25. Record of proceedings Stenographer; transcript.
4    (a) The Department, at its expense, shall provide a
5certified shorthand reporter to take down the testimony and
6preserve a record of all proceedings at the hearing of any case
7in which a license may be revoked, suspended, placed on
8probationary status, reprimanded, fined, or subjected to other
9disciplinary action with reference to the license when a
10disciplinary action is authorized under this Act and rules. The
11notice of hearing, complaint, and all other documents in the
12nature of pleadings and written motions filed in the
13proceedings, the transcript of the testimony, the report of the
14Board, and the orders of the Department shall be the record of
15the proceedings. The record may be made available to any person
16interested in the hearing upon payment of the fee required by
17Section 2105-115 of the Department of Professional Regulation
18Law of the Civil Administrative Code of Illinois.
19    (b) The Department may contract for court reporting
20services, and, if it does so, the Department shall provide the
21name and contact information for the certified shorthand
22reporter who transcribed the testimony at a hearing to any
23person interested, who may obtain a copy of the transcript of
24any proceedings at a hearing upon payment of the fee specified
25by the certified shorthand reporter.

 

 

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1The Department, at its expense, shall preserve a record of all
2proceedings at the formal hearing of any case involving the
3refusal to restore, issue or renew a license, or the discipline
4of a licensee. The notice of hearing, complaint and all other
5documents in the nature of pleadings and written motions filed
6in the proceedings, the transcript of testimony, the report of
7the Board and the orders of the Department shall be the record
8of the proceedings. A transcript of the record may be made
9available to any person interested in the hearing upon payment
10of the fee required by Section 2105-115 of the Department of
11Professional Regulation Law (20 ILCS 2105/2105-115).
12(Source: P.A. 96-610, eff. 8-24-09.)
 
13    (225 ILCS 305/26)  (from Ch. 111, par. 1326)
14    (Section scheduled to be repealed on January 1, 2020)
15    Sec. 26. Subpoenas; depositions; oaths.
16    (a) The Department has power to subpoena documents, books,
17records, or other materials and to bring before it any person
18and to take testimony, either orally or by deposition, or take
19written interrogatories, or any combination thereof, with the
20same fees and mileage and in the same manner as is prescribed
21in civil cases in the courts of this State.
22    (b) The Secretary, the designated hearing officer, and
23every member of the Board has the power to administer oaths to
24witnesses at any hearing that the Department is authorized to
25conduct and any other oaths authorized in any Act administered

 

 

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1by the Department.
2(Source: P.A. 96-610, eff. 8-24-09.)
 
3    (225 ILCS 305/27)  (from Ch. 111, par. 1327)
4    (Section scheduled to be repealed on January 1, 2020)
5    Sec. 27. Compelling testimony Procedure to compel
6attendance of witnesses. Any circuit court, upon the
7application of the accused person or complainant or of the
8Department, may, by order duly entered, require the attendance
9of witnesses and the production of relevant books and papers
10before the Department in any hearing relative to the
11application for or refusal, recall, suspension or revocation of
12a license, or the discipline of a licensee, and the court may
13compel obedience to its order by proceedings for contempt.
14(Source: P.A. 86-702.)
 
15    (225 ILCS 305/28)  (from Ch. 111, par. 1328)
16    (Section scheduled to be repealed on January 1, 2020)
17    Sec. 28. Hearing; motion for rehearing Report of Board;
18Rehearing.
19    (a) The Board or hearing officer appointed by the Secretary
20shall hear evidence in support of the formal charges and
21evidence produced by the licensee. At the conclusion of the
22hearing, the Board or hearing officer shall present to the
23Secretary a written report of its findings of fact, conclusions
24of law, and recommendations. If the Board fails to present its

 

 

10100SB1684ham001- 52 -LRB101 08690 RPS 60413 a

1report, the applicant, licensee, or registrant may request in
2writing a direct appeal to the Secretary, in which case the
3Secretary may issue an order based upon the report of the
4hearing officer and the record of the proceedings or issue an
5order remanding the matter back to the hearing officer for
6additional proceedings in accordance with the order.
7    (b) At the conclusion of the hearing, a copy of the Board
8or hearing officer's report shall be served upon the applicant,
9licensee, or registrant either personally or as provided in
10this Act for the service of the notice of hearing. Within 20
11calendar days after such service, the applicant, licensee, or
12registrant may present to the Department a motion, in writing,
13for a rehearing, which shall specify the particular grounds for
14rehearing. The Department may respond to the motion for
15rehearing within 20 calendar days after its service on the
16Department. If no motion for rehearing is filed, then upon the
17expiration of the time specified for filing such a motion or
18upon denial of a motion for rehearing, the Secretary may enter
19an order in accordance with the recommendations of the Board or
20hearing officer. If the applicant, licensee, or registrant
21orders from the reporting service and pays for a transcript of
22the record within the time for filing a motion for rehearing,
23the 20 calendar day period within which a motion may be filed
24shall commence upon delivery of the transcript to the
25applicant, licensee, or registrant.
26    (c) If the Secretary disagrees in any regard with the

 

 

10100SB1684ham001- 53 -LRB101 08690 RPS 60413 a

1report of the Board, the Secretary may issue an order contrary
2to the report. The Secretary shall notify the Board on any such
3deviation and shall specify with particularity the reasons for
4such action in the final order.
5    (d) Whenever the Secretary is not satisfied that
6substantial justice has been done, the Secretary may order a
7hearing by the same or another hearing officer.
8    (e) At any point in any investigation or disciplinary
9proceeding provided for in this Act, both parties may agree to
10a negotiated consent order. The consent order shall be final
11upon signature of the Secretary.
12After the hearing, the Board shall present to the Director its
13written report of its findings and recommendations. A copy of
14such report shall be served upon the accused person, either
15personally or by registered or certified mail as provided in
16this Act for the service of the notice. Within 20 days after
17such service, the accused person may present to the Department
18his motion in writing for a rehearing which shall specify the
19particular grounds for rehearing. If the accused person orders
20and pays for a transcript of the record as provided in this
21Section, the time elapsing before such transcript is ready for
22delivery to him shall not be counted as part of such 20 days.
23    Whenever the Director is not satisfied that substantial
24justice has been done, he may order a rehearing by the same or
25another special board. At the expiration of the time specified
26for filing a motion for a rehearing the Director has the right

 

 

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1to take the action recommended by the Board.
2(Source: P.A. 86-702.)
 
3    (225 ILCS 305/29)  (from Ch. 111, par. 1329)
4    (Section scheduled to be repealed on January 1, 2020)
5    Sec. 29. Hearing officer. Notwithstanding the provisions
6of Section 28 of this Act, the Secretary Director has the
7authority to appoint an any attorney duly licensed to practice
8law in the State of Illinois to serve as the hearing officer in
9any action for refusal to issue or renew a license or
10registration or discipline an applicant, licensee, or
11registrant under Section 24. The Board may have at least one
12member present at any hearing conducted by the hearing officer.
13The Director shall notify the Board of any such appointment.
14The hearing officer shall have has full authority to conduct
15the hearing. The Board has the right to have at least one
16member present at any hearing conducted by such hearing
17officer. The hearing officer shall report his or her findings
18of fact, conclusions of law, and recommendations to the Board
19and to the Secretary Director. The Board has 60 days from
20receipt of the report to review the report of the hearing
21officer and present its findings of fact, conclusions of law
22and recommendations to the Secretary. If the Board fails to
23present its report within the 60 day period, the Secretary may
24issue an order based on the report of the hearing officer. If
25the Secretary disagrees in any regard with the report of the

 

 

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1Board or hearing officer, he or she may issue an order in
2contravention thereof. The Secretary shall notify the Board on
3any such deviation, and shall specify with particularity the
4reasons for such action in the final order.
5(Source: P.A. 96-610, eff. 8-24-09.)
 
6    (225 ILCS 305/30)  (from Ch. 111, par. 1330)
7    (Section scheduled to be repealed on January 1, 2020)
8    Sec. 30. Order to be prima facie proof. An order of
9revocation or suspension or a certified copy thereof, over the
10seal of the Department and purporting to be signed by the
11Secretary Director, shall be prima facie proof that:
12        (a) the signature is the genuine signature of the
13    Secretary Director;
14        (b) the Secretary Director is duly appointed and
15    qualified; and
16        (c) the Board and the members thereof are qualified to
17    act.
18Such proof may be rebutted.
19(Source: P.A. 91-357, eff. 7-29-99.)
 
20    (225 ILCS 305/31)  (from Ch. 111, par. 1331)
21    (Section scheduled to be repealed on January 1, 2020)
22    Sec. 31. Restoration from disciplinary status of suspended
23or revoked license.
24    (a) At any time after the successful completion of a term

 

 

10100SB1684ham001- 56 -LRB101 08690 RPS 60413 a

1of probation, suspension, or revocation of a license or
2registration under this Act, the Department may restore the
3license or registration it to the licensee or registrant, upon
4the written recommendation of the Board, unless after an
5investigation and a hearing the Department Board determines
6that restoration is not in the public interest.
7    (b) If the circumstances of suspension or revocation so
8indicate, the Department may require an examination of the
9licensee or registrant prior to restoring his or her license.
10    (c) A person whose license or registration has been revoked
11under this Act may not apply for restoration of that license or
12registration until authorized to do so under the Civil
13Administrative Code of Illinois.
14    (d) A license or registration that has been suspended or
15revoked shall be considered nonrenewed for purposes of
16restoration and a licensee or registrant restoring his or her
17license or registration from suspension or revocation must
18comply with the requirements for restoration as set forth in
19Section 16 and any related rules adopted.
20(Source: P.A. 96-610, eff. 8-24-09.)
 
21    (225 ILCS 305/32)  (from Ch. 111, par. 1332)
22    (Section scheduled to be repealed on January 1, 2020)
23    Sec. 32. Surrender of license or registration. Upon the
24revocation or suspension of any license or registration, the
25licensee or professional design firm shall immediately

 

 

10100SB1684ham001- 57 -LRB101 08690 RPS 60413 a

1surrender the license or licenses or registration to the
2Department and if the licensee or registrant fails to do so,
3the Department has the right to seize the license or
4registration.
5(Source: P.A. 86-702.)
 
6    (225 ILCS 305/33)  (from Ch. 111, par. 1333)
7    (Section scheduled to be repealed on January 1, 2020)
8    Sec. 33. Temporary suspension of a license. The Secretary
9Director may temporarily suspend the license or registration of
10an architect without a hearing, simultaneously with the
11institution of proceedings for a hearing provided for in
12Section 24 of this Act, if the Secretary Director finds that
13evidence in the Department's his possession indicates that an
14architect's continuation in practice would constitute an
15imminent danger to the public. If In the event that the
16Secretary Director temporarily suspends the license or
17registration of an architect without a hearing, a hearing by
18the Board must be held within 30 days after such suspension has
19occurred.
20(Source: P.A. 86-702.)
 
21    (225 ILCS 305/34)  (from Ch. 111, par. 1334)
22    (Section scheduled to be repealed on January 1, 2020)
23    Sec. 34. Review under Administrative review Review Law;
24Venue.

 

 

10100SB1684ham001- 58 -LRB101 08690 RPS 60413 a

1    (a) All final administrative decisions of the Department
2hereunder are subject to judicial review pursuant to the
3provisions of the Administrative Review Law, as now or
4hereafter amended, and all the rules adopted pursuant thereto.
5The term "administrative decision" is defined as in Section
63-101 of the Code of Civil Procedure.
7    (b) Proceedings Such proceedings for judicial review shall
8be commenced in the circuit court of the county in which the
9party applying for review resides, but if the such party is not
10a resident of this State, the venue shall be in Sangamon
11County.
12    (c) The Department shall not be required to certify any
13record to the court or file any answer in court, or to
14otherwise appear in any court in a judicial review proceeding,
15unless and until the Department has received from the plaintiff
16payment of the costs of furnishing and certifying the record,
17which costs shall be determined by the Department.
18    (d) Failure on the part of the plaintiff to file a receipt
19in court shall be grounds for dismissal of the action.
20    (e) During the pendency and hearing of any and all judicial
21proceedings incident to a disciplinary action, the sanctions
22imposed upon the accused by the Department shall remain in full
23force and effect.
24(Source: P.A. 86-702.)
 
25    (225 ILCS 305/37)  (from Ch. 111, par. 1337)

 

 

10100SB1684ham001- 59 -LRB101 08690 RPS 60413 a

1    (Section scheduled to be repealed on January 1, 2020)
2    Sec. 37. Illinois Administrative Procedure Act;
3application. The Illinois Administrative Procedure Act is
4hereby expressly adopted and incorporated herein as if all of
5the provisions of that Act were included in this Act, except
6that the provision of subsection (d) of Section 10-65 of the
7Illinois Administrative Procedure Act that provides that at
8hearings the licensee has the right to show compliance with all
9lawful requirements for retention, continuation or renewal of
10the license is specifically excluded. For the purposes of this
11Act, the notice required under Section 10-25 of the Illinois
12Administrative Procedure Act is deemed sufficient when mailed
13to the last known address of record a party.
14(Source: P.A. 88-45.)
 
15    (225 ILCS 305/4.5 rep.)
16    (225 ILCS 305/35 rep.)
17    (225 ILCS 305/36 rep.)
18    Section 15. The Illinois Architecture Practice Act of 1989
19is amended by repealing Sections 4.5, 35, and 36.
 
20    Section 99. Effective date. This Act takes effect upon
21becoming law.".