(225 ILCS 411/25-10) (Section scheduled to be repealed on January 1, 2021)
Sec. 25-10. Grounds for disciplinary action. (a) The Department may refuse to issue or renew a license or may revoke, suspend, place on probation, reprimand, or take other disciplinary action as the Department may deem appropriate, including imposing fines not to exceed $8,000 for each violation, with regard to any license under this Act, for any one or combination of the following: (1) Material misstatement in furnishing information |
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(2) Violations of this Act, except for Section 20-8,
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| or of the rules adopted under this Act.
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(3) Conviction of, or entry of a plea of guilty or
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| nolo contendere to, any crime within the last 10 years that is a Class X felony or higher or is a felony involving fraud and dishonesty under the laws of the United States or any state or territory thereof.
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(4) Making any misrepresentation for the purpose of
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| obtaining licensure or violating any provision of this Act or the rules adopted under this Act.
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(5) Professional incompetence.
(6) Gross malpractice.
(7) Aiding or assisting another person in violating
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| any provision of this Act or rules adopted under this Act.
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(8) Failing, within 10 business days, to provide
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| information in response to a written request made by the Department.
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(9) Engaging in dishonorable, unethical, or
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| unprofessional conduct of a character likely to deceive, defraud, or harm the public.
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(10) Inability to practice with reasonable judgment,
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| skill, or safety as a result of habitual or excessive use of alcohol, narcotics, stimulants, or any other chemical agent or drug.
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(11) Discipline by another agency, state, District
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| of Columbia, territory, or foreign nation, if at least one of the grounds for the discipline is the same or substantially equivalent to those set forth in this Section.
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(12) Directly or indirectly giving to or receiving
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| from any person, firm, corporation, partnership, or association any fee, commission, rebate, or other form of compensation for professional services not actually or personally rendered.
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(13) A finding by the Department that the licensee,
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| after having his or her license placed on probationary status, has violated the terms of probation.
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(14) Willfully making or filing false records or
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| reports in his or her practice, including, but not limited to, false records filed with any governmental agency or department.
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(15) Inability to practice the profession with
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| reasonable judgment, skill, or safety.
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(16) Failure to comply with an order, decision, or
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| finding of the Department made pursuant to this Act.
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(17) Directly or indirectly receiving compensation
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| for any professional services not actually performed.
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(18) Practicing under a false or, except as provided
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(19) Fraud or misrepresentation in applying for, or
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| procuring, a license under this Act or in connection with applying for renewal of a license under this Act.
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(20) Cheating on or attempting to subvert the
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| licensing examination administered under this Act.
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(21) Unjustified failure to honor its contracts.
(22) Negligent supervision of a cemetery manager,
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| customer service employee, employee, or independent contractor.
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(23) A pattern of practice or other behavior which
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| demonstrates incapacity or incompetence to practice under this Act.
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(24) Allowing an individual who is not, but is
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| required to be, licensed under this Act to perform work for the cemetery authority.
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(25) (Blank).
(b) No action may be taken under this Act against a person licensed under this Act unless the action is commenced within 5 years after the occurrence of the alleged violations, except for a violation of item (3) of subsection (a) of this Section. If a person licensed under this Act violates item (3) of subsection (a) of this Section, then the action may commence within 10 years after the occurrence of the alleged violation. A continuing violation shall be deemed to have occurred on the date when the circumstances last existed that give rise to the alleged violation.
(Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)
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