Full Text of HB6001 96th General Assembly
HB6001ham001 96TH GENERAL ASSEMBLY
|
Business & Occupational Licenses Committee
Adopted in House Comm. on Mar 17, 2010
|
|
09600HB6001ham001 |
|
LRB096 20707 ASK 38484 a |
|
| 1 |
| AMENDMENT TO HOUSE BILL 6001
| 2 |
| AMENDMENT NO. ______. Amend House Bill 6001 by replacing | 3 |
| everything after the enacting clause with the following:
| 4 |
| "Section 5. The Professional Geologist Licensing Act is | 5 |
| amended by changing Sections 15, 20, 25, 30, 35, 40, 45, 50, | 6 |
| 60, 65, 70, 75, 80, 85, 90, 110, 120, 125, 135, 140, 145, and | 7 |
| 160 and by adding Section 51 as follows:
| 8 |
| (225 ILCS 745/15)
| 9 |
| (Section scheduled to be repealed on January 1, 2016)
| 10 |
| Sec. 15. Definitions. In this Act:
| 11 |
| "Board" means the Board of Licensing for Professional | 12 |
| Geologists.
| 13 |
| "Department" means the Department of Financial and | 14 |
| Professional Regulation.
| 15 |
| "Enrollment" means the recording by the Department of the | 16 |
| names and addresses of individuals who have met the |
|
|
|
09600HB6001ham001 |
- 2 - |
LRB096 20707 ASK 38484 a |
|
| 1 |
| requirements specified in this Act for a Geologist Intern. | 2 |
| "Geologist" means an individual who, by reason of his or | 3 |
| her knowledge of
geology, mathematics, and the physical and | 4 |
| life sciences, acquired by education
and practical experience | 5 |
| as defined by this Act, is capable of practicing the
science of | 6 |
| geology.
| 7 |
| "Geologist Intern" means an individual enrolled with the | 8 |
| Department who has knowledge of geology, mathematics, and the | 9 |
| physical and life sciences, as defined in this Act, and has | 10 |
| passed the examination on the fundamental theory and concepts | 11 |
| of geology administered by the Department with the advice and | 12 |
| consent of the Board. | 13 |
| "Geology" means the science that includes the treatment of | 14 |
| the earth and its
origin and history including, but not limited | 15 |
| to, (i) the investigation of the
earth's crust and
interior and | 16 |
| the solids and fluids, including all surface and
underground | 17 |
| waters, gases, and other materials that compose the earth as | 18 |
| they
may relate to geologic processes; (ii) the study of the | 19 |
| natural agents, forces,
and
processes that cause changes in the | 20 |
| earth; and (iii) the utilization of this
knowledge of the earth | 21 |
| and its solids, fluids, and gases, and their collective
| 22 |
| properties and processes, for the benefit of humankind.
| 23 |
| "Person" or "individual" means a natural person.
| 24 |
| "Practice of professional geology" means the performance | 25 |
| of,
or the offer to perform, the services of a geologist, | 26 |
| including consultation,
investigation, evaluation, planning, |
|
|
|
09600HB6001ham001 |
- 3 - |
LRB096 20707 ASK 38484 a |
|
| 1 |
| mapping, inspection of geologic work, and
other services that | 2 |
| require extensive knowledge of geologic laws, formulas,
| 3 |
| principles, practice, and methods of data interpretation.
| 4 |
| A person shall be construed to practice or offer to | 5 |
| practice professional
geology, within the meaning and intent of | 6 |
| this Act, if that person (i) by
verbal claim, sign,
| 7 |
| advertisement, letterhead, card, or any other means, | 8 |
| represents himself or
herself
to be a Licensed Professional | 9 |
| Geologist professional geologist or through the use of some | 10 |
| title implies
that he or she is a Licensed Professional | 11 |
| Geologist professional geologist or is licensed under this
Act | 12 |
| or (ii) holds himself or herself out as able to perform or does | 13 |
| perform
services or work defined in this Act as the practice of
| 14 |
| professional geology.
| 15 |
| Examples of the practice of professional geology include, | 16 |
| but are not limited
to, the
conduct of, or responsible charge | 17 |
| for, the following types of activities: (i)
mapping,
sampling,
| 18 |
| and analysis of earth materials, interpretation of data, and | 19 |
| the preparation of
oral or written testimony regarding the | 20 |
| probable geological causes of
events;
(ii) planning, review, | 21 |
| and supervision of data gathering activities,
interpretation | 22 |
| of geological data gathered by direct and indirect means,
| 23 |
| preparation and interpretation of geological maps, | 24 |
| cross-sections, interpretive maps and reports
for the purpose | 25 |
| of determining evaluating regional or site specific geological | 26 |
| conditions;
(iii) the planning, review, and supervision of data
|
|
|
|
09600HB6001ham001 |
- 4 - |
LRB096 20707 ASK 38484 a |
|
| 1 |
| gathering activities and interpretation of data on regional or | 2 |
| site specific
geological characteristics affecting | 3 |
| groundwater;
(iv) the interpretation of
geological conditions | 4 |
| on the surface of the Earth and at depth in the Earth at a | 5 |
| specific site on the
Earth's surface for the purpose of | 6 |
| determining whether those conditions
correspond to a geologic | 7 |
| map of the site or a legally specified geological requirement | 8 |
| for the site ; and (v) the conducting of
environmental property | 9 |
| audits.
| 10 |
| "Licensed Professional Geologist professional geologist " | 11 |
| means an individual who is licensed under
this Act to engage in | 12 |
| the practice of professional geology in
Illinois.
| 13 |
| "Responsible charge" means the independent control and | 14 |
| direction, by use of
initiative, skill, and independent | 15 |
| judgment, of geological work or the
supervision of that work. | 16 |
| "Secretary" means the Secretary of Financial and | 17 |
| Professional Regulation.
| 18 |
| (Source: P.A. 96-666, eff. 8-25-09.)
| 19 |
| (225 ILCS 745/20)
| 20 |
| (Section scheduled to be repealed on January 1, 2016)
| 21 |
| Sec. 20. Exemptions. Nothing in this Act shall be construed | 22 |
| to restrict
the use of the title "geologist" or similar words | 23 |
| by any person engaged in a
practice of geology exempted under | 24 |
| this Act, provided the person does not hold
himself or herself | 25 |
| out as being a Licensed Professional Geologist licensed |
|
|
|
09600HB6001ham001 |
- 5 - |
LRB096 20707 ASK 38484 a |
|
| 1 |
| professional geologist or does not
practice
professional | 2 |
| geology in a manner requiring licensure under this Act.
| 3 |
| Performance of the following activities does not require | 4 |
| licensure as a
licensed professional geologist under this Act:
| 5 |
| (a) The practice of professional geology by an employee or | 6 |
| a subordinate of
a licensee under this Act, provided the work | 7 |
| does not include responsible
charge of geological work and is | 8 |
| performed under the direct
supervision of a Licensed | 9 |
| Professional Geologist licensed professional geologist who is | 10 |
| responsible for
the work.
| 11 |
| (b) The practice of professional geology by officers and | 12 |
| employees of the
United States government within the scope of | 13 |
| their employment.
| 14 |
| (c) The practice of professional geology as geologic | 15 |
| research to advance
basic knowledge for the purpose of offering | 16 |
| scientific papers, publications, or
other presentations (i) | 17 |
| before meetings of scientific societies, (ii) internal
to a
| 18 |
| partnership, corporation, proprietorship, or government | 19 |
| agency, or (iii) for
publication
in scientific journals, or in | 20 |
| books.
| 21 |
| (d) The teaching of geology in schools, colleges, or | 22 |
| universities, as
defined by rule.
| 23 |
| (e) The practice of professional geology exclusively in the | 24 |
| exploration for
or development of energy resources or base, | 25 |
| precious and nonprecious minerals,
including sand, gravel, and | 26 |
| aggregate, that does not require, by law, rule,
or ordinance, |
|
|
|
09600HB6001ham001 |
- 6 - |
LRB096 20707 ASK 38484 a |
|
| 1 |
| the submission of reports, documents, or oral or written
| 2 |
| testimony
to public agencies. Public agencies may, by law or by | 3 |
| rule, allow required
oral
or written testimony, reports, permit | 4 |
| applications, or other documents based on
the science of | 5 |
| geology to be submitted to them by persons not licensed under
| 6 |
| this Act. Unless otherwise required by State or federal law, | 7 |
| public agencies
may not require that the geology-based aspects | 8 |
| of testimony, reports, permits,
or other documents so exempted | 9 |
| be reviewed by,
approved, or otherwise certified by any person | 10 |
| who is not a Licensed Professional Geologist licensed
| 11 |
| professional geologist . Licensure is not required for the
| 12 |
| submission and review of reports or documents or the provision | 13 |
| of oral or
written
testimony made under the Well Abandonment | 14 |
| Act, the Illinois
Oil and Gas Act, the Surface Coal Mining Land | 15 |
| Conservation and Reclamation Act,
or the Surface-Mined Land | 16 |
| Conservation and Reclamation Act.
| 17 |
| (f) The practice of professional engineering as defined in | 18 |
| the Professional
Engineering Practice Act of 1989.
| 19 |
| (g) The practice of structural engineering as defined in | 20 |
| the Structural
Engineering
Practice Act of 1989.
| 21 |
| (h) The practice of architecture as defined in the Illinois | 22 |
| Architecture
Practice Act of 1989.
| 23 |
| (i) The practice of land surveying as defined in the | 24 |
| Illinois Professional
Land Surveyor
Act of 1989.
| 25 |
| (j) The practice of landscape architecture as defined in | 26 |
| the Illinois
Landscape Architecture Act of 1989.
|
|
|
|
09600HB6001ham001 |
- 7 - |
LRB096 20707 ASK 38484 a |
|
| 1 |
| (k) The practice of professional geology for a period not | 2 |
| to exceed 9 months by any person pursuing a course of study | 3 |
| leading to a degree in geology from an accredited college or | 4 |
| university, as set forth in this Act and as established by | 5 |
| rule, provided that (i) such practice constitutes a part of a | 6 |
| supervised course of study, (ii) the person is under the | 7 |
| supervision of a geologist licensed under this Act or a teacher | 8 |
| of geology at an accredited college or university , and (iii) | 9 |
| the person is designated by a title that clearly indicates his | 10 |
| or her status as a student or trainee. | 11 |
| (Source: P.A. 96-666, eff. 8-25-09.)
| 12 |
| (225 ILCS 745/25)
| 13 |
| (Section scheduled to be repealed on January 1, 2016)
| 14 |
| Sec. 25. Restrictions and limitations. No person shall, | 15 |
| without a valid
license issued by the Department (i) in any | 16 |
| manner hold himself or herself out
to the public as a Licensed | 17 |
| Professional Geologist licensed professional geologist ; (ii)
| 18 |
| attach the title "Licensed Professional Geologist" to his or | 19 |
| her name; or
(iii) render or offer
to render to individuals, | 20 |
| corporations, or public agencies services
constituting the | 21 |
| practice of professional geology.
| 22 |
| Individuals practicing geology in Illinois as of the | 23 |
| effective
date of this amendatory Act of 1997 may continue to | 24 |
| practice as provided in
this Act until the Department has | 25 |
| adopted rules implementing this Act. To
continue practicing |
|
|
|
09600HB6001ham001 |
- 8 - |
LRB096 20707 ASK 38484 a |
|
| 1 |
| geology after the adoption of rules, individuals shall
apply | 2 |
| for licensure within 180 days after the effective date of the | 3 |
| rules. If
an application is received during the 180-day period, | 4 |
| the individual may
continue to practice until the Department | 5 |
| acts to grant or deny licensure. If
an application is not filed | 6 |
| within the 180-day period, the individual must
cease the | 7 |
| practice of geology at the conclusion of the 180-day period and | 8 |
| until
the Department acts to grant a license to
the individual.
| 9 |
| (Source: P.A. 89-366, eff. 7-1-96; 90-61, eff. 12-30-97 .)
| 10 |
| (225 ILCS 745/30)
| 11 |
| (Section scheduled to be repealed on January 1, 2016)
| 12 |
| Sec. 30. Powers and duties of the Department. Subject to | 13 |
| the provisions
of this Act, the Department may:
| 14 |
| (a) Authorize examinations to ascertain the qualifications | 15 |
| and fitness of
applicants for licensing as a Licensed | 16 |
| Professional Geologist licensed professional geologists or as | 17 |
| a Licensed Specialty Geologist licensed
specialty geologists , | 18 |
| or for enrollment as a Geologist Intern, as defined by the | 19 |
| Board, and pass upon the qualifications
of applicants for | 20 |
| licensure by endorsement.
| 21 |
| (b) Conduct hearings on proceedings to refuse to issue or | 22 |
| renew or to revoke
licenses or enrollments or suspend, place on | 23 |
| probation, or reprimand persons licensed
or enrolled under this | 24 |
| Act, and to refuse to issue or renew or to revoke licenses or | 25 |
| enrollments , or
suspend, place on probation, or reprimand |
|
|
|
09600HB6001ham001 |
- 9 - |
LRB096 20707 ASK 38484 a |
|
| 1 |
| persons licensed or enrolled under this
Act.
| 2 |
| (c) Formulate rules required for the administration of this
| 3 |
| Act.
| 4 |
| (d) Obtain written recommendations from the Board | 5 |
| regarding (i) definitions
of
curriculum content and approval of | 6 |
| geological curricula, standards of
professional conduct, and | 7 |
| formal disciplinary actions and the formulation of
rules | 8 |
| affecting these matters and (ii) when petitioned by the | 9 |
| applicant,
opinions
regarding the qualifications of applicants | 10 |
| for licensure or enrollment licensing .
| 11 |
| (e) Maintain rosters of the names and addresses of all | 12 |
| licensees and enrollees whose licenses or enrollments are | 13 |
| currently active , and all
persons whose licenses or enrollments | 14 |
| have been suspended, revoked, or denied renewal for
cause | 15 |
| within the previous calendar year. These rosters shall be | 16 |
| available upon
written request and payment of the required fee.
| 17 |
| (Source: P.A. 89-366, eff. 7-1-96 .)
| 18 |
| (225 ILCS 745/35)
| 19 |
| (Section scheduled to be repealed on January 1, 2016)
| 20 |
| Sec. 35. Board of Licensing for Professional Geologists; | 21 |
| members;
qualifications; duties. | 22 |
| (a) The Director shall appoint a Board of Licensing
for
| 23 |
| Professional Geologists which shall serve in an advisory | 24 |
| capacity to the
Director. The Board shall be composed of 8 | 25 |
| persons, 7 of whom shall be voting
members appointed by the |
|
|
|
09600HB6001ham001 |
- 10 - |
LRB096 20707 ASK 38484 a |
|
| 1 |
| Director, who shall give due consideration to
recommendations | 2 |
| by members of the profession of geology and of geology
| 3 |
| organizations within the State. In addition, the State | 4 |
| Geologist or his
or her
designated representative, shall be an | 5 |
| advisory, non-voting member of the
Board.
| 6 |
| (b) Insofar as possible, the geologists appointed to serve
| 7 |
| on the Board shall be generally representative of the | 8 |
| occupational and
geographical distribution
of geologists | 9 |
| within this State.
| 10 |
| (c) Of the 7 appointed voting members of the Board, 6 shall | 11 |
| be geologists
and one shall be a member of the general public | 12 |
| with no family or business
connection with the practice of | 13 |
| geology.
| 14 |
| (d) Each of the first appointed geologist members of the | 15 |
| Board shall have at
least 10 years of active geological | 16 |
| experience and shall possess the education
and experience | 17 |
| required for licensure. Each subsequently appointed
geologist | 18 |
| member of the Board shall be a Licensed Professional Geologist | 19 |
| professional geologist licensed
under this Act.
| 20 |
| (e) Of the initial appointments, the Director shall appoint | 21 |
| 3 voting members
for a term of
4 years, 2 voting members for a | 22 |
| term of 3 years, and 2 voting members for a
term of 2 years. | 23 |
| Thereafter, voting members shall be appointed for 4-year
terms. | 24 |
| Terms shall commence on the 3rd Monday in January.
| 25 |
| (f) Members shall hold office until the expiration of their | 26 |
| terms or until
their successors have been appointed and have |
|
|
|
09600HB6001ham001 |
- 11 - |
LRB096 20707 ASK 38484 a |
|
| 1 |
| qualified.
| 2 |
| (g) No voting member of the Board shall serve more than 2 | 3 |
| consecutive full
terms.
| 4 |
| (h) Vacancies in the membership of the Board shall be | 5 |
| filled by appointment
for the unexpired term.
| 6 |
| (i) The Director may remove or suspend any appointed member | 7 |
| of the Board for cause at
any time before the expiration of his | 8 |
| or her term.
| 9 |
| (j) The Board shall annually elect one of its members as | 10 |
| chairperson.
| 11 |
| (k) The members of the Board shall be reimbursed for all | 12 |
| legitimate
and necessary expenses authorized by the Department | 13 |
| incurred in attending the
meetings of the
Board.
| 14 |
| (l) The Board may make recommendations to the Director to | 15 |
| establish the
examinations and their method of grading.
| 16 |
| (m) The Board may submit written recommendations to the | 17 |
| Director
concerning
formulation of rules and a Code of | 18 |
| Professional Conduct and Ethics. The Board
may recommend or | 19 |
| endorse revisions and amendments to the Code and to the
rules | 20 |
| from time to time.
| 21 |
| (n) The Board may make recommendations on matters relating | 22 |
| to continuing
education of Licensed Professional Geologists | 23 |
| licensed professional geologists , including the number of | 24 |
| hours
necessary for license renewal, waivers for those unable | 25 |
| to meet that
requirement, and acceptable course content. These | 26 |
| recommendations shall not
impose an undue burden on the |
|
|
|
09600HB6001ham001 |
- 12 - |
LRB096 20707 ASK 38484 a |
|
| 1 |
| Department or an unreasonable restriction on
those seeking a | 2 |
| license renewal. | 3 |
| (o) Four voting Board members constitutes a quorum. A | 4 |
| quorum is required for all Board decisions.
| 5 |
| (Source: P.A. 96-666, eff. 8-25-09.)
| 6 |
| (225 ILCS 745/40)
| 7 |
| (Section scheduled to be repealed on January 1, 2016)
| 8 |
| Sec. 40. Application for licensure; applications for | 9 |
| enrollment original license . | 10 |
| (a) Applications for original
licenses shall be made to the | 11 |
| Department on forms prescribed by the Department
and | 12 |
| accompanied by the required fee. All applications shall contain | 13 |
| the
information that, in the judgment of the Department, will | 14 |
| enable the Department
to pass on the qualifications of the | 15 |
| applicant for a license to practice as a Licensed Professional | 16 |
| Geologist
licensed professional geologist .
| 17 |
| (b) Applications for enrollment as a Geologist Intern shall | 18 |
| be made to the Department on forms prescribed by the Department | 19 |
| and accompanied by the required fee. All applications shall | 20 |
| contain the information that, in the judgment of the | 21 |
| Department, will enable the Department to pass on the | 22 |
| qualifications of the applicant to take the examination on the | 23 |
| fundamental theory and concepts of the science of geology and | 24 |
| be enrolled as a Geologist Intern. | 25 |
| (Source: P.A. 89-366, eff. 7-1-96 .)
|
|
|
|
09600HB6001ham001 |
- 13 - |
LRB096 20707 ASK 38484 a |
|
| 1 |
| (225 ILCS 745/45)
| 2 |
| (Section scheduled to be repealed on January 1, 2016)
| 3 |
| Sec. 45. Examination; failure or refusal to take the | 4 |
| examination.
| 5 |
| (a) The Department shall authorize examinations of | 6 |
| applicants for original licensure as a Professional Geologist | 7 |
| and enrollment as a Geologist Intern at such times
and places | 8 |
| as it may determine. The examination for licensure as a | 9 |
| Licensed Professional Geologist examinations shall be a 2-part | 10 |
| examination, with one part of a character to
fairly testing | 11 |
| test an applicant's qualifications to practice professional | 12 |
| geology and
knowledge of the fundamental theory and concepts | 13 |
| practice of the science of geology, including
subjects that are | 14 |
| generally taught in geology curricula of accredited colleges | 15 |
| and
universities , and the other part testing the applicant's | 16 |
| knowledge of the practical application and uses of the theory | 17 |
| and science of geology. Applicants for enrollment as Geologist | 18 |
| Interns must take only that part of the examination that fairly | 19 |
| tests the knowledge of the fundamental theory and concepts of | 20 |
| the science of geology .
| 21 |
| (b) Applicants for licensure as a Professional Geologist | 22 |
| who are required to take both parts of the examination for | 23 |
| examinations shall pay, either to the Department or to
the
| 24 |
| designated testing service, a fee covering the cost of | 25 |
| providing the
examination. Failure to appear for the required |
|
|
|
09600HB6001ham001 |
- 14 - |
LRB096 20707 ASK 38484 a |
|
| 1 |
| examination on the scheduled date at
the time and place | 2 |
| specified after the application for examination has been
| 3 |
| received and acknowledged by the Department or the designated | 4 |
| testing service
shall result in forfeiture of the examination | 5 |
| fee.
| 6 |
| (c) If the applicant for licensure neglects, fails, or | 7 |
| refuses to take a required an examination or
fails to pass a | 8 |
| required an examination for a license under this Act within 3 | 9 |
| years after
filing an application, the application shall be | 10 |
| denied. However, the applicant
may thereafter submit a new | 11 |
| application accompanied by the required fee. The
applicant | 12 |
| shall meet the requirements in force at the time of making the | 13 |
| new
application.
| 14 |
| (d) The Department may employ consultants for the purpose | 15 |
| of preparing and
conducting examinations.
| 16 |
| (e) The Department shall have the authority to adopt or | 17 |
| recognize, in part
or in whole, examinations prepared, | 18 |
| administered, or graded by other
organizations that are | 19 |
| determined appropriate to measure the qualifications of
an | 20 |
| applicant for licensure as a Licensed Professional Geologist or | 21 |
| enrollment as a Geologist Intern professional geologist .
| 22 |
| (Source: P.A. 89-366, eff. 7-1-96 .)
| 23 |
| (225 ILCS 745/50)
| 24 |
| (Section scheduled to be repealed on January 1, 2016)
| 25 |
| Sec. 50. Qualifications for licensure.
|
|
|
|
09600HB6001ham001 |
- 15 - |
LRB096 20707 ASK 38484 a |
|
| 1 |
| (a) The Department may issue a license to practice as a | 2 |
| Licensed Professional Geologist licensed
professional | 3 |
| geologist to any applicant who meets the following | 4 |
| qualifications:
| 5 |
| (1) The applicant has completed an application form and | 6 |
| paid the
required fees.
| 7 |
| (2) The applicant is of good ethical character, | 8 |
| including compliance with
the Code of Professional Conduct | 9 |
| and Ethics under this Act, and
has not
committed any act or | 10 |
| offense in any jurisdiction that would constitute the
basis | 11 |
| for disciplining a Licensed Professional Geologist | 12 |
| professional geologist licensed under this Act.
| 13 |
| (3) The applicant has earned a degree in geology from | 14 |
| an accredited
college or university, as established by | 15 |
| rule, with a minimum of 30 semester or
45 quarter hours of
| 16 |
| course credits in geology, of which 24 semester or 36 | 17 |
| quarter hours are in
upper level courses. The Department | 18 |
| may, upon the recommendation of the
Board, allow the | 19 |
| substitution of
appropriate experience as a geologist for | 20 |
| prescribed educational requirements
as established by | 21 |
| rule.
| 22 |
| (4) The applicant has a documented record of a minimum | 23 |
| of 4 years of
professional experience, obtained after | 24 |
| completion of the education
requirements specified in this | 25 |
| Section, in geologic or directly related work,
| 26 |
| demonstrating that the applicant is qualified to assume |
|
|
|
09600HB6001ham001 |
- 16 - |
LRB096 20707 ASK 38484 a |
|
| 1 |
| responsible charge of
such work upon licensure as a | 2 |
| Licensed Professional Geologist professional geologist or | 3 |
| such specialty of
professional geology that the
Board may | 4 |
| recommend and the Department may recognize. The Department | 5 |
| may
require evidence acceptable to it that up to 2 years of | 6 |
| professional experience
have been gained under the | 7 |
| supervision of a person licensed under this Act or
similar | 8 |
| Acts in any other state, or under the supervision of others | 9 |
| who, in the
opinion of the Department, are qualified to | 10 |
| have responsible charge of
geological work under this Act.
| 11 |
| (5) The applicant has passed an examination authorized | 12 |
| by the Department
for the practice as a Licensed | 13 |
| Professional Geologist of
professional geology .
| 14 |
| (6) The applicant has complied with all other | 15 |
| requirements of this Act and
rules established for the | 16 |
| implementation of this Act.
| 17 |
| (b) A license to practice as a Licensed Professional | 18 |
| Geologist professional geology shall not be denied any
| 19 |
| applicant because of the applicant's race, religion, creed, | 20 |
| national origin,
political beliefs or activities, age, sex, | 21 |
| sexual orientation, or physical
impairment.
| 22 |
| (Source: P.A. 96-666, eff. 8-25-09.)
| 23 |
| (225 ILCS 745/51 new) | 24 |
| Sec. 51. Qualifications for Geologist Intern enrollment; | 25 |
| final expiration of enrollment; Department powers and duties. |
|
|
|
09600HB6001ham001 |
- 17 - |
LRB096 20707 ASK 38484 a |
|
| 1 |
| (a) The Department may enroll as a Geologist Intern any | 2 |
| applicant who meets the following qualifications: | 3 |
| (1) The applicant has completed an application form and | 4 |
| paid the required fees. | 5 |
| (2) The applicant has (i) earned a degree in geology | 6 |
| from an accredited college or university, with a minimum of | 7 |
| 30 semester or 45 quarter hours of course credits in | 8 |
| geology, of which 24 semester or 36 quarter hours are in | 9 |
| upper level courses; or (ii) is in the final semester of a | 10 |
| program leading to a degree as set forth in item (i) of | 11 |
| this paragraph (2). | 12 |
| (3) The applicant has passed the required examination | 13 |
| on the fundamental theory and concepts of the science of | 14 |
| geology, as required under Section 45 of this Act. | 15 |
| The Department may not issue an enrollment under this | 16 |
| Section unless and until the applicant provides proof | 17 |
| acceptable to the Department of having obtained the required | 18 |
| degree within 12 months after having passed the required | 19 |
| examination. | 20 |
| (b) A Geologist Intern in good standing may renew his or | 21 |
| her enrollment upon payment to the Department of the required | 22 |
| fee. However, the duration of the period of enrollment issued | 23 |
| under this Section may not extend past a total of 10 years and | 24 |
| shall automatically and permanently expire upon the end of the | 25 |
| 10-year period if the enrollee fails to apply for and | 26 |
| successfully meet the requirements for licensure as a Licensed |
|
|
|
09600HB6001ham001 |
- 18 - |
LRB096 20707 ASK 38484 a |
|
| 1 |
| Professional Geologist, including passing the part of the | 2 |
| licensing examination that fairly tests the practical | 3 |
| application and uses of the science of geology, as set forth in | 4 |
| Section 45 of this Act. | 5 |
| (c) Enrollment as a Geologist Intern shall not be denied | 6 |
| any applicant because of the applicant's race, religion, creed, | 7 |
| national origin, political beliefs or activities, age, sex, | 8 |
| sexual orientation, or physical impairment.
| 9 |
| (225 ILCS 745/60)
| 10 |
| (Section scheduled to be repealed on January 1, 2016)
| 11 |
| Sec. 60. Seals.
| 12 |
| (a) Upon licensure, each licensee shall obtain a seal of a | 13 |
| design
as required by rule bearing the licensee's
name, license | 14 |
| number, and the legend "Licensed
Professional Geologist".
| 15 |
| (b) All preliminary, draft, and final geologic reports, | 16 |
| documents,
permits, affidavits, maps, boring logs, cross | 17 |
| sections ,
or other records offered to the public and prepared | 18 |
| or issued by or under the
supervision of a Licensed | 19 |
| Professional Geologist licensed professional geologist shall | 20 |
| include the full name,
signature, and license number of the | 21 |
| licensee, and the date of license
expiration of the person who | 22 |
| prepared the document or under whose supervision
it was | 23 |
| prepared, and an impression of the licensee's seal, in | 24 |
| accordance with
rules issued by the Department.
| 25 |
| (c) The Licensed Professional Geologist licensed |
|
|
|
09600HB6001ham001 |
- 19 - |
LRB096 20707 ASK 38484 a |
|
| 1 |
| professional geologist who has contract responsibility
shall | 2 |
| seal a cover sheet of the professional work products and those
| 3 |
| individual portions of the professional work products for which | 4 |
| the Licensed Professional Geologist licensed
professional | 5 |
| geologist is legally and professionally responsible. A | 6 |
| Licensed Professional Geologist licensed
professional
| 7 |
| geologist practicing as the support professional shall seal | 8 |
| those individual
portions of professional work products for | 9 |
| which that Licensed Professional Geologist licensed | 10 |
| professional
geologist is legally and professionally | 11 |
| responsible.
| 12 |
| (d) The use of a licensed professional geologist's seal on | 13 |
| professional work
products
constitutes a representation that | 14 |
| the work prepared by or under the personal
supervision of that | 15 |
| Licensed Professional Geologist licensed professional | 16 |
| geologist has been prepared and
administered in accordance with | 17 |
| the standards of reasonable professional skill
and diligence.
| 18 |
| (e) It is unlawful to affix one's seal to professional work | 19 |
| products if it
masks the true identity of the person who | 20 |
| actually exercised direction,
supervision, and responsible | 21 |
| charge of the preparation of that work. A Licensed Professional | 22 |
| Geologist
licensed professional geologist who signs and seals | 23 |
| professional work
products is not responsible for damage caused | 24 |
| by subsequent changes to or uses
of those professional work | 25 |
| products, if the subsequent changes or uses,
including changes | 26 |
| or uses made by State or local government agencies, are not
|
|
|
|
09600HB6001ham001 |
- 20 - |
LRB096 20707 ASK 38484 a |
|
| 1 |
| authorized or approved by the Licensed Professional Geologist
| 2 |
| licensed professional geologist who originally signed and | 3 |
| sealed the
professional work products.
| 4 |
| (Source: P.A. 89-366, eff. 7-1-96 .)
| 5 |
| (225 ILCS 745/65)
| 6 |
| (Section scheduled to be repealed on January 1, 2016)
| 7 |
| Sec. 65. Expiration and renewal of license and Geologist | 8 |
| Intern enrollment . The expiration date and
renewal period for | 9 |
| each license and Geologist Intern enrollment shall be set by | 10 |
| rule. A Licensed Professional Geologist
professional geologist | 11 |
| whose license has expired or a Geologist Intern whose | 12 |
| enrollment has expired may reinstate
his or her license or | 13 |
| enrollment at any time within 5 years after the
expiration | 14 |
| thereof, by making a renewal application and by paying the | 15 |
| required
fee. However, any Licensed Professional Geologist | 16 |
| professional geologist whose license expired or any Geologist | 17 |
| Intern whose enrollment expired
while he or she was (i) on | 18 |
| active duty with the Armed Forces of the United
States or | 19 |
| called into service or training by the State militia or (ii) in
| 20 |
| training or education under the supervision of the United | 21 |
| States preliminary to
induction into the military service, may | 22 |
| have his or her Licensed Professional Geologist professional | 23 |
| geologist
license or Geologist Intern enrollment renewed, | 24 |
| reinstated, or restored without paying any
lapsed renewal fees | 25 |
| if within 2 years after termination of the service,
training, |
|
|
|
09600HB6001ham001 |
- 21 - |
LRB096 20707 ASK 38484 a |
|
| 1 |
| or education the Licensed Professional Geologist or Geologist | 2 |
| Intern professional geologist furnishes the Department with
| 3 |
| satisfactory evidence of service, training, or education and | 4 |
| that it has been
terminated under honorable conditions.
| 5 |
| Any professional geologist whose Licensed Professional | 6 |
| Geologist license has expired for more
than 5 years may have it | 7 |
| restored by making application to the Department,
paying the | 8 |
| required fee, and
filing acceptable proof of fitness to have | 9 |
| the license restored.
The proof may include sworn evidence | 10 |
| certifying active practice in another
jurisdiction.
If the | 11 |
| geologist
has not practiced for 5 years or more, the Board | 12 |
| shall determine by an
evaluation program established by rule, | 13 |
| whether that individual is fit to
resume active status as a | 14 |
| Licensed Professional Geologist. The Board and may require the | 15 |
| professional geologist to complete a
period of
evaluated | 16 |
| professional experience and may require successful
completion | 17 |
| of an examination.
| 18 |
| The Department may refuse to issue or may suspend the | 19 |
| license or enrollment of any person
who fails to file a tax | 20 |
| return, or to pay the tax, penalty , or interest shown in a
| 21 |
| filed return, or to pay any final assessment of tax, penalty, | 22 |
| or interest, as
required by any tax Act administered by the | 23 |
| Illinois Department of Revenue,
until such time as the | 24 |
| requirements of any such tax Act are satisfied.
| 25 |
| (Source: P.A. 89-366, eff. 7-1-96; 90-61, eff. 12-30-97 .)
|
|
|
|
09600HB6001ham001 |
- 22 - |
LRB096 20707 ASK 38484 a |
|
| 1 |
| (225 ILCS 745/70) | 2 |
| (Section scheduled to be repealed on January 1, 2016) | 3 |
| Sec. 70. Fees. | 4 |
| (a) Except as provided in subsection (b), the fees for the
| 5 |
| administration and enforcement of this Act, including but not | 6 |
| limited to
original licensure or enrollment , renewal, and | 7 |
| restoration fees, shall be set by the
Department by rule. The | 8 |
| fees
shall not be refundable. | 9 |
| (b) Applicants for examination shall be required to pay, | 10 |
| either to the
Department or the designated testing service, a | 11 |
| fee covering the cost of
initial screening to determine the | 12 |
| applicant's eligibility and the cost of providing one or both | 13 |
| parts of the
examination. Failure to appear for the examination | 14 |
| on the scheduled date at
the time and place specified after the | 15 |
| applicant's application for examination
has been received and | 16 |
| acknowledged by the Department or the designated testing
| 17 |
| service shall result in the forfeiture of the examination fee. | 18 |
| (c) All fees and other monies collected under this Act | 19 |
| shall be deposited
in the General Professions Dedicated Fund. | 20 |
| (Source: P.A. 89-366, eff. 7-1-96 .) | 21 |
| (225 ILCS 745/75) | 22 |
| (Section scheduled to be repealed on January 1, 2016) | 23 |
| Sec. 75. Returned checks; fines. Any person who delivers a | 24 |
| check or
other payment to the Department that is returned to | 25 |
| the Department unpaid by
the financial institution upon which |
|
|
|
09600HB6001ham001 |
- 23 - |
LRB096 20707 ASK 38484 a |
|
| 1 |
| it is drawn shall pay to the Department,
in addition to the | 2 |
| amount already owed to the Department, a fine of $50. The fines | 3 |
| imposed by this Section
are in addition to any other discipline | 4 |
| provided under this Act for unlicensed
practice or practice on | 5 |
| a nonrenewed license. The Department
shall notify the person | 6 |
| that payment of fees and fines shall be paid to the
Department | 7 |
| by certified check or money order within 30 calendar days of | 8 |
| the
notification. If, after the expiration of 30 calendar days | 9 |
| from the date of the
notification, the person has failed to | 10 |
| submit the necessary remittance, the
Department shall | 11 |
| automatically terminate the license or deny the
application, | 12 |
| without hearing. If, after termination or denial, the person
| 13 |
| seeks a license to practice as a Licensed Professional | 14 |
| Geologist , he or she shall apply to the Department for
| 15 |
| restoration or issuance of the license and pay all fees and
| 16 |
| fines due to the Department. The Department may establish a fee | 17 |
| for the
processing of an application for restoration of a | 18 |
| license or Geologist Intern enrollment to pay
all expenses of | 19 |
| processing this application. The Director may waive the fines
| 20 |
| due under this Section in individual cases where the Director | 21 |
| finds that the
fines would be unreasonable or unnecessarily | 22 |
| burdensome. | 23 |
| (Source: P.A. 92-146, eff. 1-1-02 .) | 24 |
| (225 ILCS 745/80) | 25 |
| (Section scheduled to be repealed on January 1, 2016) |
|
|
|
09600HB6001ham001 |
- 24 - |
LRB096 20707 ASK 38484 a |
|
| 1 |
| Sec. 80. Disciplinary actions. | 2 |
| (a) The Department may refuse to issue or renew, or may | 3 |
| revoke, suspend,
place on probation, reprimand, or take other | 4 |
| disciplinary action as the
Department may deem appropriate, | 5 |
| including fines not to exceed $5,000 for each
violation, with | 6 |
| regard to any license for any one or combination of the
| 7 |
| following: | 8 |
| (1) Material misstatement in furnishing information to | 9 |
| the Department. | 10 |
| (2) Violations of this Act, or of the rules promulgated | 11 |
| under this Act. | 12 |
| (3) Conviction of any crime under the laws of the | 13 |
| United States or any
state or territory of the United | 14 |
| States that is a felony or that is a
misdemeanor, an | 15 |
| essential element of which is dishonesty, or of any crime | 16 |
| that
is directly related to the practice of the profession. | 17 |
| (4) Making any misrepresentation for the purpose of | 18 |
| obtaining licensure or
violating any provision of this Act | 19 |
| or the rules promulgated under this Act
pertaining to | 20 |
| advertising. | 21 |
| (5) Professional incompetence. | 22 |
| (6) Gross malpractice. | 23 |
| (7) Aiding or assisting another person in violating any | 24 |
| provision of this
Act or rules promulgated under this Act. | 25 |
| (8) Failing, within 60 days, to provide information in | 26 |
| response to a
written request made by the Department. |
|
|
|
09600HB6001ham001 |
- 25 - |
LRB096 20707 ASK 38484 a |
|
| 1 |
| (9) Engaging in dishonorable, unethical, or | 2 |
| unprofessional conduct of a
character likely to deceive, | 3 |
| defraud, or harm the public. | 4 |
| (10) Habitual or excessive use or addiction to alcohol, | 5 |
| narcotics,
stimulants, or any other chemical agent or drug | 6 |
| that results in the inability
to practice with reasonable | 7 |
| judgment, skill, or safety. | 8 |
| (11) Discipline by another state, the District of | 9 |
| Columbia, a territory of the United States , or
a foreign | 10 |
| nation, if at least one of the grounds for the discipline | 11 |
| is the same
or substantially equivalent to those set forth | 12 |
| in this Section. | 13 |
| (12) Directly or indirectly giving to or receiving from | 14 |
| any person, firm,
corporation, partnership, or association | 15 |
| any fee, commission, rebate or other
form of compensation | 16 |
| for professional services not actually or personally
| 17 |
| rendered. | 18 |
| (13) A finding by the Department that the licensee, | 19 |
| after having his or
her license
placed on probationary | 20 |
| status, has violated the terms of probation. | 21 |
| (14) Willfully making or filing false records or | 22 |
| reports in his or her
practice,
including but not limited | 23 |
| to, false records filed with State agencies or
departments. | 24 |
| (15) Physical illness, including but not limited to, | 25 |
| deterioration through
the aging process, or loss of motor | 26 |
| skill that results in the inability to
practice the |
|
|
|
09600HB6001ham001 |
- 26 - |
LRB096 20707 ASK 38484 a |
|
| 1 |
| profession with reasonable judgment, skill, or safety. | 2 |
| (16) Solicitation of professional services other than | 3 |
| permitted
advertising. | 4 |
| (17) Conviction of or cash compromise of a charge or | 5 |
| violation of
the Illinois Controlled Substances Act | 6 |
| regulating narcotics. | 7 |
| (18) Failure to (i) file a tax return, (ii) pay the | 8 |
| tax, penalty, or interest
shown in a filed return, or (iii) | 9 |
| pay any final assessment of tax, penalty, or
interest, as | 10 |
| required by any tax Act administered by the Illinois | 11 |
| Department of
Revenue, until the requirements of that tax | 12 |
| Act are satisfied. | 13 |
| (19) Conviction by any court of competent | 14 |
| jurisdiction, either within or
outside this State, of any | 15 |
| violation of any law governing the practice of
professional | 16 |
| geology, if the Department determines, after | 17 |
| investigation, that
the person has not been sufficiently | 18 |
| rehabilitated to warrant the public trust. | 19 |
| (20) Gross, willful, or continued overcharging for | 20 |
| professional services,
including filing false statements | 21 |
| for collection of fees for which services are
not rendered. | 22 |
| (21) Practicing under a false or, except as provided by | 23 |
| law, an assumed
name. | 24 |
| (22) Fraud or misrepresentation in applying for, or | 25 |
| procuring, a license
to practice as a Licensed Professional | 26 |
| Geologist under this Act or in connection with applying for |
|
|
|
09600HB6001ham001 |
- 27 - |
LRB096 20707 ASK 38484 a |
|
| 1 |
| renewal of a license under
this Act. | 2 |
| (23) Cheating on or attempting to subvert the licensing | 3 |
| examination
administered under this Act. | 4 |
| (b) The determination by a circuit court that a licensee is | 5 |
| subject to
involuntary admission or judicial admission as | 6 |
| provided in the Mental Health
and Developmental Disabilities | 7 |
| Code operates as an automatic suspension. The
suspension will | 8 |
| end only upon a finding by a court that the licensee is no
| 9 |
| longer subject to the involuntary admission or judicial | 10 |
| admission and issues an
order so finding and discharging the | 11 |
| licensee; and upon the recommendation of
the Board to the | 12 |
| Director that the licensee be allowed to
resume his or her | 13 |
| practice. | 14 |
| (Source: P.A. 89-366, eff. 7-1-96 .) | 15 |
| (225 ILCS 745/85) | 16 |
| (Section scheduled to be repealed on January 1, 2016) | 17 |
| Sec. 85. Injunctive action; cease and desist order. | 18 |
| (a) If any person violates the provisions of this Act, the | 19 |
| Director, in the
name of the People of the State of Illinois, | 20 |
| through the Attorney General or
the State's Attorney of the | 21 |
| county in which the violation is alleged to have
occurred, may | 22 |
| petition for an order enjoining the violation or for an order
| 23 |
| enforcing compliance with this Act. Upon the filing of a | 24 |
| verified petition, the
court with appropriate jurisdiction may | 25 |
| issue a temporary restraining order,
without notice or bond, |
|
|
|
09600HB6001ham001 |
- 28 - |
LRB096 20707 ASK 38484 a |
|
| 1 |
| and may preliminarily and permanently enjoin the
violation. If | 2 |
| it is established that the person has violated or is violating
| 3 |
| the injunction, the court may punish the offender for contempt | 4 |
| of court.
Proceedings under this Section are in addition to, | 5 |
| and not in lieu of, all
other remedies and penalties provided | 6 |
| by this Act. | 7 |
| (b) If a person practices as a Licensed Professional | 8 |
| Geologist licensed professional geologist or holds
himself or | 9 |
| herself out as a Licensed Professional Geologist licensed | 10 |
| professional geologist in Illinois,
without being
licensed to | 11 |
| do so under this Act, then any
Licensed Professional Geologist | 12 |
| licensed professional geologist , interested party, or any | 13 |
| person injured
thereby may
petition for relief as provided in | 14 |
| subsection (a) of this Section. | 15 |
| (c) Whenever, in the opinion of the Department, a person | 16 |
| violates any
provision of this Act, the Department may issue a | 17 |
| rule to show cause why an
order to cease and desist should not | 18 |
| be entered against that person. The rule
shall clearly set | 19 |
| forth the grounds relied upon by the Department and shall
allow
| 20 |
| at least 7 days from the date of the rule to file an answer | 21 |
| satisfactory to the
Department. Failure to
answer to the | 22 |
| satisfaction of the Department shall cause an order to cease | 23 |
| and
desist to be issued. | 24 |
| (Source: P.A. 89-366, eff. 7-1-96 .) | 25 |
| (225 ILCS 745/90) |
|
|
|
09600HB6001ham001 |
- 29 - |
LRB096 20707 ASK 38484 a |
|
| 1 |
| (Section scheduled to be repealed on January 1, 2016) | 2 |
| Sec. 90. Investigations; notice and hearing. The | 3 |
| Department may
investigate the actions of any applicant or of | 4 |
| any person or persons rendering
or offering to render | 5 |
| geological services or any person holding or
claiming to hold a | 6 |
| license as a Licensed Professional Geologist licensed | 7 |
| professional geologist . The
Department shall, before revoking, | 8 |
| suspending, placing on probation,
reprimanding, or taking any | 9 |
| other disciplinary action under Section 80 of this
Act, at | 10 |
| least 30 days before the date set for the hearing, (i) notify | 11 |
| the
accused in writing of the charges made and the time and | 12 |
| place for the hearing
on the charges, (ii) direct him or her to | 13 |
| file a written answer to the charges
with the Board under oath | 14 |
| within 20 days after the service on him or her of the
notice, | 15 |
| and (iii) inform the accused that, if he or she fails to | 16 |
| answer,
default will be taken against him or her or that his or | 17 |
| her license may be
suspended, revoked, placed on probationary | 18 |
| status, or other disciplinary action
taken with regard to the | 19 |
| license, including limiting the scope, nature, or
extent
of his | 20 |
| or her practice, as the Department may consider proper. At the | 21 |
| time and
place fixed in the notice, the Board shall proceed to | 22 |
| hear the charges and the
parties or their counsel shall be | 23 |
| accorded ample opportunity to present any
pertinent | 24 |
| statements, testimony, evidence, and arguments. The Board may
| 25 |
| continue the hearing from time to time. In case the person, | 26 |
| after receiving
the notice, fails to file an answer, his or her |
|
|
|
09600HB6001ham001 |
- 30 - |
LRB096 20707 ASK 38484 a |
|
| 1 |
| license may, in the discretion
of the Department, be suspended, | 2 |
| revoked, placed on probationary status, or the
Department may | 3 |
| take whatever disciplinary action considered proper, including
| 4 |
| limiting the scope, nature, or extent of the person's practice | 5 |
| or the
imposition
of a fine, without a hearing, if the act or | 6 |
| acts charged constitute sufficient
grounds for that action | 7 |
| under this Act. The written notice may be served by
personal | 8 |
| delivery or by certified mail to the address specified by the | 9 |
| accused
in
his
or her last notification with the Department. | 10 |
| (Source: P.A. 89-366, eff. 7-1-96 .) | 11 |
| (225 ILCS 745/110) | 12 |
| (Section scheduled to be repealed on January 1, 2016) | 13 |
| Sec. 110. Findings and recommendations. At the conclusion | 14 |
| of the hearing,
the Board shall present to the Director a | 15 |
| written report of its findings of
fact, conclusions of law, and | 16 |
| recommendations. The report shall contain a
finding whether or | 17 |
| not the accused person violated this Act or its rules or
failed | 18 |
| to comply with the conditions required in this Act or its | 19 |
| rules. The
Board shall specify the nature of any violations or | 20 |
| failure to comply and shall
make its recommendations to the | 21 |
| Director. In making recommendations for any
disciplinary | 22 |
| actions, the Board may take into consideration all facts and
| 23 |
| circumstances bearing upon the reasonableness of the conduct of | 24 |
| the accused
and the potential for future harm to the public, | 25 |
| including but not limited to
previous discipline of the accused |
|
|
|
09600HB6001ham001 |
- 31 - |
LRB096 20707 ASK 38484 a |
|
| 1 |
| by the Department, intent, degree of harm to
the public and | 2 |
| likelihood of harm in the future, any restitution made by the
| 3 |
| accused, and whether the incident or incidents contained in the | 4 |
| complaint
appear to be isolated or represent a continuing | 5 |
| pattern of conduct. In making
its recommendations for | 6 |
| discipline, the Board shall endeavor to ensure that the
| 7 |
| severity of the discipline recommended is reasonably related to | 8 |
| the severity of
the violation. | 9 |
| The report of findings of fact, conclusions of law, and | 10 |
| recommendation of the
Board shall be the basis for the | 11 |
| Department's order refusing to issue, restore,
or renew a | 12 |
| person's license to practice as a Licensed Professional | 13 |
| Geologist , or otherwise disciplining a licensee. If the | 14 |
| Director
disagrees with the recommendations of the Board, the | 15 |
| Director may issue an
order in contravention of the Board | 16 |
| recommendations. The Director shall
provide a written report to | 17 |
| the Board on any disagreement and shall specify the
reasons for | 18 |
| the action in the final order. The finding is not admissible in
| 19 |
| evidence against the person in a criminal prosecution brought | 20 |
| for a violation
of this Act, but the hearing and finding are | 21 |
| not a bar to a criminal
prosecution brought for a violation of | 22 |
| this Act. | 23 |
| (Source: P.A. 89-366, eff. 7-1-96 .) | 24 |
| (225 ILCS 745/120) | 25 |
| (Section scheduled to be repealed on January 1, 2016) |
|
|
|
09600HB6001ham001 |
- 32 - |
LRB096 20707 ASK 38484 a |
|
| 1 |
| Sec. 120. Director; rehearing. Whenever the Director | 2 |
| believes that
justice has not been done in the revocation, | 3 |
| suspension, or refusal to issue,
restore, or renew a person's | 4 |
| license to practice as a Licensed Professional Geologist , or | 5 |
| other discipline of an applicant or licensee,
he or she may | 6 |
| order a rehearing by the same or other examiners. | 7 |
| (Source: P.A. 89-366, eff. 7-1-96 .) | 8 |
| (225 ILCS 745/125) | 9 |
| (Section scheduled to be repealed on January 1, 2016) | 10 |
| Sec. 125. Appointment of a hearing officer. The Director | 11 |
| has the
authority to appoint any attorney licensed to practice | 12 |
| law in the State of
Illinois to serve as the hearing officer in | 13 |
| any action for refusal to issue,
restore, or renew a person's | 14 |
| license to practice as a Licensed Professional Geologist or to | 15 |
| discipline a licensee. The hearing officer
has full authority | 16 |
| to conduct the hearing. At least one member of the Board
shall | 17 |
| attend each hearing. The hearing officer shall report his or | 18 |
| her
findings of fact, conclusions of law, and recommendations | 19 |
| to the Board and the
Director. The Board shall have 60 calendar | 20 |
| days from receipt of the report to
review the report of the | 21 |
| hearing officer and present its findings of fact,
conclusions | 22 |
| of law, and recommendations to the Director. If the Board does | 23 |
| not
present its report within the 60-day period, the Director | 24 |
| may issue an order
based on the report of the hearing officer. | 25 |
| If the Director disagrees with
the recommendation of the Board |
|
|
|
09600HB6001ham001 |
- 33 - |
LRB096 20707 ASK 38484 a |
|
| 1 |
| or of the hearing officer, the Director may
issue an order in | 2 |
| contravention of the
recommendation. The Director shall | 3 |
| promptly provide a written report to the
Board on any | 4 |
| deviation, and shall specify the reasons for the action in the
| 5 |
| final order. | 6 |
| (Source: P.A. 89-366, eff. 7-1-96 .) | 7 |
| (225 ILCS 745/135) | 8 |
| (Section scheduled to be repealed on January 1, 2016) | 9 |
| Sec. 135. Restoration of suspended or revoked license. At | 10 |
| any time after
the suspension or revocation of a person's | 11 |
| license to practice as a Licensed Professional Geologist , the | 12 |
| Department may restore it to
the licensee, upon the written | 13 |
| recommendation of the Board, unless after an
investigation and | 14 |
| a hearing the Board determines that restoration is not in
the | 15 |
| public interest. | 16 |
| (Source: P.A. 89-366, eff. 7-1-96 .) | 17 |
| (225 ILCS 745/140) | 18 |
| (Section scheduled to be repealed on January 1, 2016) | 19 |
| Sec. 140. Surrender of license. Upon the revocation or | 20 |
| suspension of a
person's license to practice as a Licensed | 21 |
| Professional Geologist , the licensee shall immediately | 22 |
| surrender his or her license to the
Department and the | 23 |
| licensee's name and address shall be added to the list of | 24 |
| individuals whose licenses have been revoked, suspended, or |
|
|
|
09600HB6001ham001 |
- 34 - |
LRB096 20707 ASK 38484 a |
|
| 1 |
| denied renewal for cause . If the licensee fails to surrender | 2 |
| his or her license do so , the Department has the right to
seize | 3 |
| the license. | 4 |
| (Source: P.A. 89-366, eff. 7-1-96 .) | 5 |
| (225 ILCS 745/145) | 6 |
| (Section scheduled to be repealed on January 1, 2016) | 7 |
| Sec. 145. Summary suspension of a license. The Director may | 8 |
| summarily
suspend the license of a Licensed Professional | 9 |
| Geologist licensed professional geologist without a hearing,
| 10 |
| simultaneously with the institution of proceedings for a | 11 |
| hearing provided for
in Section 90 of this Act, if the Director | 12 |
| finds that evidence in the
Director's possession indicates that | 13 |
| the continuation of practice by a
Licensed Professional | 14 |
| Geologist licensed professional geologist would constitute an | 15 |
| imminent danger to the
public. In the event that the Director | 16 |
| summarily suspends the license of a
Licensed Professional | 17 |
| Geologist licensed professional geologist without a hearing, a | 18 |
| hearing must be
commenced within 30 days after the suspension | 19 |
| has occurred and concluded as
expeditiously as practical. | 20 |
| (Source: P.A. 89-366, eff. 7-1-96 .) | 21 |
| (225 ILCS 745/160) | 22 |
| (Section scheduled to be repealed on January 1, 2016) | 23 |
| Sec. 160. Violations. | 24 |
| (a) Using or attempting to use an expired license is a |
|
|
|
09600HB6001ham001 |
- 35 - |
LRB096 20707 ASK 38484 a |
|
| 1 |
| Class A misdemeanor. | 2 |
| (b) Each of the following acts is a Class A misdemeanor for | 3 |
| the first
offense and a Class 4 felony for a second or | 4 |
| subsequent offense: | 5 |
| (1) A violation of any provision of this Act or its | 6 |
| rules, except as noted
in subsection (a) of this Section. | 7 |
| (2) The making of any wilfully false oath or | 8 |
| affirmation in any matter or
proceeding where an oath or | 9 |
| affirmation is required by this Act. | 10 |
| (3) Using or attempting to use an inactive, suspended, | 11 |
| or revoked license
or the license or seal of another, or | 12 |
| impersonating another licensee, or
practicing geology as a | 13 |
| Licensed Professional Geologist licensed professional | 14 |
| geologist in Illinois while
one's license is inactive, | 15 |
| suspended, or revoked. | 16 |
| (4) The practice, attempt to practice, or offer to | 17 |
| practice professional
geology in Illinois without a | 18 |
| license as a Licensed Professional Geologist licensed | 19 |
| professional geologist .
Each day of practicing | 20 |
| professional geology or attempting to practice
| 21 |
| professional geology, and each instance of offering to | 22 |
| practice professional
geology, without a license as a | 23 |
| Licensed Professional Geologist licensed professional | 24 |
| geologist constitutes a
separate offense. | 25 |
| (5) Advertising or displaying any sign or card or other | 26 |
| device that might
indicate to the public that the person or |
|
|
|
09600HB6001ham001 |
- 36 - |
LRB096 20707 ASK 38484 a |
|
| 1 |
| entity is entitled to practice as a
Licensed Professional | 2 |
| Geologist licensed professional geologist , unless that | 3 |
| person holds an active license
as a Licensed Professional | 4 |
| Geologist licensed professional geologist in the State of | 5 |
| Illinois. | 6 |
| (6) Obtaining or attempting to obtain a license by | 7 |
| fraud. | 8 |
| (Source: P.A. 89-366, eff. 7-1-96 .)
| 9 |
| Section 99. Effective date. This Act takes effect upon | 10 |
| becoming law.".
|
|