97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB4454

 

Introduced 1/30/2012, by Rep. Angelo Saviano

 

SYNOPSIS AS INTRODUCED:
 
225 ILCS 85/35.7  from Ch. 111, par. 4155.7
225 ILCS 90/25  from Ch. 111, par. 4275
225 ILCS 106/140
225 ILCS 315/24  from Ch. 111, par. 8124
225 ILCS 745/125

    Amends the Pharmacy Practice Act, the Illinois Physical Therapy Act, the Respiratory Care Practice Act, the Illinois Landscape Architecture Act of 1989, and the Professional Geologist Licensing Act. Removes the requirement that at least one member of the Board shall attend each hearing in any action for refusal to issue or renew a license or to discipline a licensee. Effective immediately.


LRB097 16322 CEL 61476 b

 

 

A BILL FOR

 

HB4454LRB097 16322 CEL 61476 b

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 Pharmacy Practice Act is amended by changing
5Section 35.7 as follows:
 
6    (225 ILCS 85/35.7)  (from Ch. 111, par. 4155.7)
7    (Section scheduled to be repealed on January 1, 2018)
8    Sec. 35.7. Notwithstanding the provisions of Section 35.6
9of this Act, the Director shall have the authority to appoint
10any attorney duly licensed to practice law in the State of
11Illinois to serve as the hearing officer in any action before
12the Board for refusal to issue, renew, or discipline of a
13license or certificate. The Director shall notify the Board of
14any such appointment. The hearing officer shall have full
15authority to conduct the hearing. There shall be present at
16least one member of the Board at any such hearing. The hearing
17officer shall report his findings of fact, conclusions of law
18and recommendations to the Board and the Director. The Board
19shall have 60 days from receipt of the report to review the
20report of the hearing officer and present their findings of
21fact, conclusions of law, and recommendations to the Director.
22If the Board fails to present its report within the 60 day
23period, the respondent may request in writing a direct appeal

 

 

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1to the Secretary, in which case the Secretary shall, within 7
2calendar days after the request, issue an order directing the
3Board to issue its findings of fact, conclusions of law, and
4recommendations to the Secretary within 30 calendar days after
5such order. If the Board fails to issue its findings of fact,
6conclusions of law, and recommendations within that time frame
7to the Secretary after the entry of such order, the Secretary
8shall, within 30 calendar days thereafter, issue an order based
9upon the report of the hearing officer and the record of the
10proceedings or issue an order remanding the matter back to the
11hearing officer for additional proceedings in accordance with
12the order. If (i) a direct appeal is requested, (ii) the Board
13fails to issue its findings of fact, conclusions of law, and
14recommendations within the 30-day mandate from the Secretary or
15the Secretary fails to order the Board to do so, and (iii) the
16Secretary fails to issue an order within 30 calendar days
17thereafter, then the hearing officer's report is deemed
18accepted and a final decision of the Secretary. Notwithstanding
19any other provision of this Section, if the Secretary, upon
20review, determines that substantial justice has not been done
21in the revocation, suspension, or refusal to issue or renew a
22license or other disciplinary action taken as the result of the
23entry of the hearing officer's report, the Secretary may order
24a rehearing by the same or other examiners. If the Secretary
25disagrees with the recommendation of the Board or the hearing
26officer, the Secretary may issue an order in contravention of

 

 

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1the recommendation.
2(Source: P.A. 95-689, eff. 10-29-07.)
 
3    Section 10. The Illinois Physical Therapy Act is amended by
4changing Section 25 as follows:
 
5    (225 ILCS 90/25)  (from Ch. 111, par. 4275)
6    (Section scheduled to be repealed on January 1, 2016)
7    Sec. 25. Appointment of a Hearing Officer. The Director
8shall have the authority to appoint any attorney duly licensed
9to practice law in the State of Illinois to serve as the
10hearing officer in any action for refusal to issue, renew or
11discipline of a license or permit. The hearing officer shall
12have full authority to conduct the hearing. At least one member
13of the Board shall attend each hearing. The hearing officer
14shall report his findings and recommendations to the Board and
15the Director. The Board shall have 60 days from receipt of the
16report to review the report of the hearing officer and present
17their findings of fact, conclusions of law and recommendations
18to the Director. If the Board fails to present its report
19within the 60 day period, the Director shall issue an order
20based on the report of the hearing officer. If the Director
21determines that the Board's report is contrary to the manifest
22weight of the evidence, he may issue an order in contravention
23of the Board's report.
24(Source: P.A. 94-651, eff. 1-1-06.)
 

 

 

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1    Section 15. The Respiratory Care Practice Act is amended by
2changing Section 140 as follows:
 
3    (225 ILCS 106/140)
4    (Section scheduled to be repealed on January 1, 2016)
5    Sec. 140. Appointment of a hearing officer. The Director
6has the authority to appoint an attorney, licensed to practice
7law in the State of Illinois, to serve as a hearing officer in
8any action for refusal to issue or renew a license or to
9discipline a licensee. The hearing officer has full authority
10to conduct the hearing. At least one member of the Board shall
11attend each hearing. The hearing officer shall report his or
12her findings of fact, conclusions of law, and recommendations
13to the Board and to the Director. The Board shall have 60
14calendar days from receipt of the report to review it and to
15present its findings of fact, conclusions of law, and
16recommendations to the Director. If the Board does not present
17its report within the 60 day period, the Director may issue an
18order based on the report of the hearing officer. If the
19Director disagrees with the recommendation of the Board or the
20hearing officer, the Director may issue an order in
21contravention of the recommendation.
22    The Director shall promptly provide a written explanation
23to the Board on any such disagreement.
24(Source: P.A. 89-33, eff. 1-1-96.)
 

 

 

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1    Section 20. The Illinois Landscape Architecture Act of 1989
2is amended by changing Section 24 as follows:
 
3    (225 ILCS 315/24)  (from Ch. 111, par. 8124)
4    (Section scheduled to be repealed on January 1, 2020)
5    Sec. 24. Appointment of a hearing officer. The Secretary
6has the authority to appoint any attorney licensed to practice
7law in the State of Illinois to serve as the hearing officer in
8any action for refusal to issue or renew a license or permit or
9to discipline a licensee. The Secretary shall notify the Board
10of any such appointment. The hearing officer has full authority
11to conduct the hearing. At least one member of the Board shall
12attend each hearing. The hearing officer shall report his
13findings of fact, conclusions of law and recommendations to the
14Board and the Secretary. The Board has 60 days from receipt of
15the report to review it and present its findings of fact,
16conclusions of law and recommendations to the Secretary. If the
17Board fails to present its report within the 60 day period, the
18Secretary shall issue an order based on the report of the
19hearing officer. If the Secretary disagrees with the
20recommendation of the Board or hearing officer, the Secretary
21may issue an order in contravention of the recommendation. The
22Secretary shall promptly provide a written explanation to the
23Board on any disagreement.
24(Source: P.A. 96-730, eff. 8-25-09.)
 

 

 

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1    Section 25. The Professional Geologist Licensing Act is
2amended by changing Section 125 as follows:
 
3    (225 ILCS 745/125)
4    (Section scheduled to be repealed on January 1, 2016)
5    Sec. 125. Appointment of a hearing officer. The Director
6has the authority to appoint any attorney licensed to practice
7law in the State of Illinois to serve as the hearing officer in
8any action for refusal to issue, restore, or renew a person's
9license to practice as a Licensed Professional Geologist or to
10discipline a licensee. The hearing officer has full authority
11to conduct the hearing. At least one member of the Board shall
12attend each hearing. The hearing officer shall report his or
13her findings of fact, conclusions of law, and recommendations
14to the Board and the Director. The Board shall have 60 calendar
15days from receipt of the report to review the report of the
16hearing officer and present its findings of fact, conclusions
17of law, and recommendations to the Director. If the Board does
18not present its report within the 60-day period, the Director
19may issue an order based on the report of the hearing officer.
20If the Director disagrees with the recommendation of the Board
21or of the hearing officer, the Director may issue an order in
22contravention of the recommendation. The Director shall
23promptly provide a written report to the Board on any
24deviation, and shall specify the reasons for the action in the

 

 

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1final order.
2(Source: P.A. 96-1327, eff. 7-27-10.)
 
3    Section 99. Effective date. This Act takes effect upon
4becoming law.