(225 ILCS 411/25-10)
(Section scheduled to be repealed on January 1, 2021)
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
(2) Violations of this Act, except for Section 20-8,
or of the rules adopted under this Act.
(3) Conviction of, or entry of a plea of guilty or
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.
(4) Making any misrepresentation for the purpose of
obtaining licensure or violating any provision of this Act or the rules adopted under this Act.
(5) Professional incompetence.
(6) Gross malpractice.
(7) Aiding or assisting another person in violating
any provision of this Act or rules adopted under this Act.
(8) Failing, within 10 business days, to provide
information in response to a written request made by the Department.
(9) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive, defraud, or harm the public.
(10) Inability to practice with reasonable judgment,
skill, or safety as a result of habitual or excessive use of alcohol, narcotics, stimulants, or any other chemical agent or drug.
(11) Discipline by another agency, state, District
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.
(12) Directly or indirectly giving to or receiving
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.
(13) A finding by the Department that the licensee,
after having his or her license placed on probationary status, has violated the terms of probation.
(14) Willfully making or filing false records or
reports in his or her practice, including, but not limited to, false records filed with any governmental agency or department.
(15) Inability to practice the profession with
reasonable judgment, skill, or safety.
(16) Failure to comply with an order, decision, or
finding of the Department made pursuant to this Act.
(17) Directly or indirectly receiving compensation
for any professional services not actually performed.
(18) Practicing under a false or, except as provided
(19) Fraud or misrepresentation in applying for, or
procuring, a license under this Act or in connection with applying for renewal of a license under this Act.
(20) Cheating on or attempting to subvert the
licensing examination administered under this Act.
(21) Unjustified failure to honor its contracts.
(22) Negligent supervision of a cemetery manager,
customer service employee, employee, or independent contractor.
(23) A pattern of practice or other behavior which
demonstrates incapacity or incompetence to practice under this Act.
(24) Allowing an individual who is not, but is
required to be, licensed under this Act to perform work for the cemetery authority.
(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.)