(225 ILCS 310/3) (from Ch. 111, par. 8203)
(Section scheduled to be repealed on January 1, 2022) Sec. 3. Definitions. As used in this Act:
"Board" means the Board of Registered Interior Design Professionals established
under Section 6 of this Act.
"Department" means the Department of Financial and Professional Regulation. "The profession of interior design", within the meaning and intent
of this Act, refers to persons qualified by education, experience, and
examination, who administer contracts for fabrication, procurement, or
installation in the implementation of designs, drawings, and specifications
for any interior design project and offer or furnish professional services,
such as consultations, studies, drawings, and specifications in connection
with the location of lighting fixtures, lamps and specifications of ceiling
finishes as shown in reflected ceiling plans, space planning, furnishings,
or the fabrication of non-loadbearing structural elements within and
surrounding interior spaces of buildings but specifically excluding
mechanical and electrical systems, except for specifications of fixtures
and their location within interior spaces. "Public member" means a person who is not an interior designer,
educator in the field, architect, structural engineer, or professional
engineer. For purposes of board membership, any person with a significant
financial interest in the design or construction service or profession is
not a public member.
"Registered interior designer" means a person who has received registration
under Section 8 of this Act. A person represents himself or herself to be a "registered interior designer" within the meaning of this Act if he or she holds himself or herself out to the public by any title incorporating the words "registered interior designer" or any title that includes the words "registered interior design".
"Secretary" means the Secretary of Financial and Professional Regulation.
(Source: P.A. 100-920, eff. 8-17-18.)
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(225 ILCS 310/4) (from Ch. 111, par. 8204)
(Section scheduled to be repealed on January 1, 2022) Sec. 4. Title; application of Act. (a) No individual shall, without a valid registration as an
interior designer issued by the Department, in any manner hold himself or herself out
to the public as a registered interior designer or attach the title "registered interior
designer" or any other name or designation which would in any way imply
that he or she is able to use the title "registered interior designer" as defined in this Act.
(a-5) Nothing in this Act shall be construed as preventing or restricting
the services offered or advertised by an interior designer who is registered
under this Act.
(b) Nothing in this Act shall prevent the employment, by a registered interior
designer association, partnership, or a
corporation furnishing interior design services
for remuneration, of persons not registered as interior designers to perform services in various capacities as
needed, provided that the persons do not represent themselves as, or use the
title of, "registered interior designer".
(c) Nothing in this Act shall be construed to limit the activities and
use of the title "interior designer" on
the part of a person not registered under this Act who is a graduate of an
interior design program and a full-time employee of a duly chartered
institution of higher education insofar as such person engages in public
speaking, with or without remuneration, provided that such person does not
represent himself or herself to be a registered interior designer or use the title "registered
interior designer".
(d) Nothing contained in this Act shall restrict any person not
registered under this Act from carrying out any of the activities
listed in the definition of "the profession of interior design" in
Section 3 if such person does not represent himself or herself or
his or her services in any manner prohibited by this Act.
(e) Nothing in this Act shall be construed as preventing or restricting
the practice, services, or activities of any person licensed in this State
under any other law from engaging in the profession or occupation for which
he or she is licensed.
(f) Nothing in this Act shall be construed as preventing or restricting
the practice, services, or activities of engineers licensed under the
Professional Engineering Practice Act of 1989 or the Structural
Engineering Practice Act of 1989; architects licensed
pursuant to the
Illinois Architectural Practice Act of 1989; any interior decorator or
individual offering interior decorating services including, but not limited
to, the selection of surface materials, window treatments, wall coverings,
furniture, accessories, paint, floor coverings, and lighting fixtures; or
builders, home furnishings salespersons, and similar purveyors of goods and
services relating to homemaking.
(g) Nothing in this Act or any other Act shall prevent a licensed
architect from practicing interior design services. Nothing in this
Act shall be construed as requiring the services of a registered interior designer for the interior designing of a single family
residence.
(h) Nothing in this Act shall authorize registered interior designers to perform services, including life safety services that
they are prohibited from performing, or any practice (i) that is restricted in
the Illinois Architecture Practice Act of 1989, the Professional Engineering
Practice Act of 1989, or the Structural Engineering Practice
Act of 1989, or (ii) that they are not authorized to perform under the
Environmental Barriers Act.
(Source: P.A. 95-1023, eff. 6-1-09; 96-1334, eff. 7-27-10.)
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(225 ILCS 310/5) (from Ch. 111, par. 8205)
(Section scheduled to be repealed on January 1, 2022) Sec. 5. Powers and duties of the Department. Subject to the
provisions of this Act, the Department shall exercise the following
functions, powers, and duties:
(a) To conduct or authorize examinations to ascertain |
| the fitness and qualifications of applicants for registration and issue certificates of registration to those who are found to be fit and qualified.
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(b) To prescribe rules and regulations for a method
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| of examination of candidates. The Department shall designate as its examination for registered interior designers the National Council for Interior Design Qualification examination.
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(c) To adopt as its own rules relating to education
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| requirements, those guidelines published from time to time by the Council for Interior Design Accreditation or its successor entity.
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(d) To conduct hearings on proceedings to revoke,
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| suspend, or refuse to issue certificates of registration.
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(e) To promulgate rules and regulations required for
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| the administration of this Act.
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(Source: P.A. 100-920, eff. 8-17-18.)
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(225 ILCS 310/6) (from Ch. 111, par. 8206)
(Section scheduled to be repealed on January 1, 2022) Sec. 6. Board of Registered Interior Design Professionals. There is created a
Board of Registered Interior Design Professionals to be composed of persons designated
from time to time by the Director, as follows:
(a) For the first year, 5 persons, 4 of whom have |
| been interior designers for a period of 5 years or more who would qualify upon application to the Department under this Act to be registered interior designers, and one public member. After the initial appointments, each interior design member shall hold a valid registration as a registered interior designer. The Board shall annually elect a chairman.
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(b) Terms for all members shall be 3 years. For
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| initial appointments, one member shall be appointed to serve for one year, 2 shall be appointed to serve for 2 years, and the remaining shall be appointed to serve for 3 years and until their successors are appointed and qualified. Initial terms shall begin on the effective date of this Act. Partial terms over 2 years in length shall be considered as full terms. A member may be reappointed for a successive term, but no member shall serve more than 2 full terms.
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(c) The membership of the Board should reasonably
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| reflect representation from the various geographic areas of the State.
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(d) In making appointments to the Board, the Director
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| shall give due consideration to recommendations by national and state organizations of the interior design profession and shall promptly give due notice to such organizations of any vacancy in the membership of the Board. The Director may terminate the appointment of any member for any cause, which in the opinion of the Director, reasonably justifies such termination.
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(e) Three members shall constitute a quorum. A quorum
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| is required for all Board decisions.
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(f) The members of the Board shall each receive as
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| compensation a reasonable sum as determined by the Director for each day actually engaged in the duties of the office, and all legitimate and necessary expenses incurred in attending the meeting of the Board.
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(g) Members of the Board shall be immune from suit in
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| any action based upon any disciplinary proceedings or other activities performed in good faith as members of the Board.
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(Source: P.A. 95-1023, eff. 6-1-09; 96-1334, eff. 7-27-10.)
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(225 ILCS 310/8) (from Ch. 111, par. 8208)
(Section scheduled to be repealed on January 1, 2022) Sec. 8. Requirements for registration.
(a) Each applicant for registration shall apply to the Department in
writing on a form provided by the Department. Except as otherwise provided in
this Act, each applicant shall take and pass the examination approved by the
Department. Prior to registration, the applicant shall provide substantial
evidence to the Board that the applicant:
(1) is a graduate of a 5-year interior design program |
| from an accredited institution and has completed at least 2 years of full-time diversified interior design experience;
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(2) is a graduate of a 4-year interior design program
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| from an accredited institution and has completed at least 2 years of full-time diversified interior design experience;
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(3) has completed at least 3 years of interior design
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| curriculum from an accredited institution and has completed 3 years of full-time diversified interior design experience; or
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(4) is a graduate of a 2-year interior design program
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| from an accredited institution and has completed 4 years of full-time diversified interior design experience.
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(b) In addition to providing evidence of meeting the requirements of
subsection (a), each applicant for registration as a registered interior designer shall
provide substantial evidence that he or she has successfully completed the
examination administered by the National Council for Interior Design
Qualifications.
Examinations for applicants under this Act may be held at the direction of
the Department from time to time but not less than once each year. The scope
and form of the examination shall conform to the National Council for Interior
Design Qualification examination for interior designers.
(b-5) Each applicant for registration shall pay to the Department the required registration fee,
which is not refundable, at the time of filing his or her application.
(c) An individual may apply for original registration prior to passing the examination. He or she shall have 2 years after the
date of filing an application to pass the examination. If evidence and documentation of passing the examination are received by the Department later than 2 years after the individual's filing, the application shall be denied and the
fee forfeited. The applicant may reapply at any time, but shall meet the requirements
in effect at the time of reapplication.
(d) Upon payment of the required fee, which shall be determined by rule,
an applicant who is an architect licensed under the laws of this State may,
without examination, be granted registration as a registered interior designer by the Department provided the applicant submits
proof of an active architectural license in Illinois.
(Source: P.A. 100-920, eff. 8-17-18; 101-81, eff. 7-12-19.)
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(225 ILCS 310/9) (from Ch. 111, par. 8209)
(Section scheduled to be repealed on January 1, 2022) Sec. 9. Expiration; renewal; restoration.
(a) The expiration date and renewal period for each certificate of
registration issued under this Act shall be set by rule. A registrant may
renew such registration during the month preceding its expiration date by
paying the required renewal fee.
(b) Inactive status.
(1) Any registrant who notifies the Department in |
| writing on forms prescribed by the Department may elect to place his or her certificate of registration on an inactive status and shall, subject to rules of the Department, be excused from payment of renewal fees until he or she notifies the Department in writing of his or her desire to resume active status.
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(2) Any registrant requesting restoration from
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| inactive status shall be required to pay the current renewal fee and shall be required to restore his or her registration.
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(3) Any registrant whose registration is on inactive
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| status shall not use the title "registered interior designer" in the State of Illinois.
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(4) Any registrant who uses the title "registered
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| interior designer" while his or her certificate of registration is lapsed or inactive shall be considered to be using the title without a registration which shall be grounds for discipline under Section 13 of this Act.
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(c) Any registrant whose registration has expired may have his
or her certificate of registration restored at any time within 5 years
after its expiration, upon payment of the required fee.
(d) Any person whose registration has been expired for more than
5 years may have his or her registration restored by making application to the
Department and filing proof acceptable to the Department of his or her fitness to
have his or her registration restored, including sworn evidence certifying to
active lawful practice in another jurisdiction, and by paying the required
restoration fee. A person using the title "registered interior designer" on an expired
registration is deemed to be in violation of this Act.
(e) If a person whose certificate of registration has expired has not
maintained active status in another jurisdiction, the Department shall
determine, by an evaluation process established by rule, his or her fitness to
resume active status and may require the person to complete a period of
evaluated practical experience, and may require successful completion of
an examination.
(f) Any person whose certificate of registration has expired while he or she
has been engaged (1) in federal or State service active duty, or (2) in
training or education under the supervision of the United States
preliminary to induction into the military service, may have his
or her registration restored without paying any lapsed renewal or restoration fee
if, within 2 years after termination of such service, training or
education, he or she furnishes the Department with satisfactory proof that he or she has
been so engaged and that his or her service, training, or education has been
so terminated.
(g) An individual applying for restoration of a registration shall have 3
years from the date of application to complete the application process. If
the process has not been completed in 3 years, the application shall be
denied and the fee forfeited. The applicant may reapply at any time.
(Source: P.A. 100-920, eff. 8-17-18.)
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(225 ILCS 310/13) (from Ch. 111, par. 8213)
(Section scheduled to be repealed on January 1, 2022) Sec. 13. Refusal, revocation or suspension of registration. The Department may refuse to issue, renew, or restore or may revoke, suspend,
place on probation, reprimand or take other disciplinary action as the
Department may deem proper, including fines not to exceed $5,000 for
each violation, with regard to any registration for any one or combination
of the following causes:
(a) Fraud in procuring the certificate of |
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(b) Habitual intoxication or addiction to the use of
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(c) Making any misrepresentations or false promises,
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| directly or indirectly, to influence, persuade, or induce patronage.
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(d) Professional connection or association with, or
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| lending his or her name, to another for illegal use of the title "registered interior designer", or professional connection or association with any person, firm, or corporation holding itself out in any manner contrary to this Act.
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(e) Obtaining or seeking to obtain checks, money, or
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| any other items of value by false or fraudulent representations.
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(f) Use of the title under a name other than his or
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(g) Improper, unprofessional, or dishonorable conduct
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| of a character likely to deceive, defraud, or harm the public.
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(h) Conviction in this or another state, or federal
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| court, of any crime which is a felony, if the Department determines, after investigation, that such person has not been sufficiently rehabilitated to warrant the public trust.
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(i) A violation of any provision of this Act or its
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(j) Revocation by another state, the District of
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| Columbia, territory, or foreign nation of an interior design or residential interior design license, certification, or registration if at least one of the grounds for that revocation is the same as or the equivalent of one of the grounds for revocation set forth in this Act.
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(k) Mental incompetence as declared by a court of
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(l) Being named as a perpetrator in an indicated
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| report by the Department of Children and Family Services pursuant to the Abused and Neglected Child Reporting Act, and upon proof by clear and convincing evidence that the registrant has caused a child to be an abused child or neglected child as defined in the Abused and Neglected Child Reporting Act.
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(m) Aiding or assisting another person in violating
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| any provision of this Act or its rules.
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(n) Failure to provide information in response to a
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| written request made by the Department within 30 days after receipt of the written request.
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(o) Physical illness, including, but not limited to,
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| deterioration through the aging process or loss of motor skill that results in the inability to practice interior design with reasonable judgment, skill, or safety.
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The Department may refuse to issue or may suspend the registration
of any person who fails to file a return, or to pay the tax, penalty, or
interest showing in a filed return, or to pay any final assessment of tax,
penalty, or interest, as required by any tax Act administered by the
Illinois Department of Revenue, until such time as the requirements of any
such tax Act are satisfied.
The entry of a decree by any circuit court establishing that any person
holding a certificate of registration under this Act is a person subject to
involuntary admission under the Mental Health and Developmental Disabilities
Code shall operate as a suspension of that registration. That person may
resume using the title "registered interior designer" only upon a finding by the Board that he or she has been determined to be no
longer subject to involuntary admission by the court and upon the Board's
recommendation to the Director that he or she be permitted to resume using the title
"registered interior designer".
(Source: P.A. 100-872, eff. 8-14-18; 100-920, eff. 8-17-18; 101-81, eff. 7-12-19.)
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(225 ILCS 310/14) (from Ch. 111, par. 8214)
(Section scheduled to be repealed on January 1, 2022)
Sec. 14.
Investigations; Notice of hearing.
Upon the motion of
either the Department or the Board, or upon the verified complaint in
writing of any person setting forth facts which, if proven, would
constitute grounds for refusal, suspension, or revocation of registration
under this Act, the Board shall investigate the actions of any person,
hereinafter called the "registrant", who holds or represents that he holds
a certificate of registration. All such motions or complaints shall be
brought to the Board.
The Director shall, before suspending, revoking, placing on probationary
status, or taking any other disciplinary action as the Director may deem
proper with regard to any registration, at least 30 days prior to the date
set for the hearing, notify the registrant in writing of any charges made
and the time and place for a hearing on the charges before the Board. The
Board shall also direct the registrant to file his written answer to the
charges with the Board under oath within 20 days after the service on him
of such notice, and inform him that if he fails to file such answer, his
certificate of registration may be suspended, revoked, placed on
probationary status or other disciplinary action may be taken with regard
thereto, as the Director may deem proper.
The written notice and any notice in such proceeding may be
served by delivery personally to the registrant, or by registered or
certified mail to the address specified by the registrant in his last
notification to the Director.
The Department, at its expense, shall preserve a record of all
proceedings at the formal hearing of any case involving the refusal to
issue or renew a registration, or discipline of a registrant. The notice
of hearing, complaint, and all other documents in the nature of pleadings
and written motions filed in the proceedings, the transcript of testimony,
the report of the Board, and the orders of the Department shall be the
record of such proceedings.
(Source: P.A. 86-1404.)
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(225 ILCS 310/18) (from Ch. 111, par. 8218)
(Section scheduled to be repealed on January 1, 2022)
Sec. 18.
Recommendations for disciplinary action; Action by Director.
The Board may advise the Director that probation be granted or that other
disciplinary action, including the limitation of the use of the title, be
taken, as it deems proper. If disciplinary action other than suspension or
revocation is taken, the Board may advise the Director to impose reasonable
limitations and requirements upon the registrant to insure compliance with
the terms of the probation or other disciplinary action, including, but not
limited to, regular reporting by the registrant to the Director of his
actions, or the registrant placing himself under the care of a qualified
physician for treatment, or limiting his use of the title in such manner as
the Director may require.
The Board shall present to the Director a written report of its findings
and recommendations. A copy of the report shall be served upon the
registrant, either personally or by registered or certified mail. Within
20 days after such service, the registrant may present to the
Department his motion in writing for a rehearing, specifying the particular
grounds for rehearing. If the registrant orders and pays for a transcript of
the record, the time elapsing until the transcript is
ready for delivery to him shall not be counted as part of such 20 days.
At the expiration of the time allowed for filing a motion for rehearing,
the Director may take the action recommended by the Board. Upon
suspension, revocation, placement on probationary status, or the taking of
any other disciplinary action, including the limiting of the use of the
title, deemed proper by the Director with regard to the registration, the
registrant shall surrender his certificate of registration to the
Department if ordered to do so by the Department. Upon his failure or
refusal to do so, the Department may seize the certificate of registration.
In all instances in which the Board has rendered a
recommendation to the Director with respect to a particular person, the
Director shall, to the extent that he disagrees with or takes action
contrary to the recommendation of the Board, file with the Board his
specific written reasons of disagreement. Such reasons shall be filed
within 30 days after the Director has taken the contrary position.
Each order of revocation, suspension, or other disciplinary action shall
contain a brief and concise statement of the ground or grounds upon which
the Department's action is based, as well as the specific terms and
conditions of such action.
Whenever the Director is satisfied that substantial justice has not been
done either in an examination or in the revocation, suspension, or refusal
to issue a certificate of registration, or other disciplinary action, the
Director may order a re-examination or rehearing.
(Source: P.A. 86-1404.)
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(225 ILCS 310/25) (from Ch. 111, par. 8225)
(Section scheduled to be repealed on January 1, 2022) Sec. 25. Injunctions. The use of the title "registered interior designer", as defined in Section 3, by any person not
holding a valid and current registration under this Act is declared to be
inimical to the public welfare, to constitute a public nuisance, and to cause
irreparable harm to the public welfare. The Director, the Attorney General,
the State's Attorney of any county in the State, or any person may
maintain an action in the name of the People of the State of Illinois, and
may apply for an injunction in the circuit court to enjoin any such person
from engaging in the unlawful use of the title "registered interior designer". Upon the filing of a verified petition, the
court or any judge, if satisfied by affidavit or otherwise that such person has
been engaged in such use without a valid and current registration, may issue a
temporary injunction without notice or bond, enjoining the defendant from any
such further use. Only the showing of the person's lack of registration, by
affidavit or otherwise, is necessary in order for a temporary injunction to
issue. A copy of the verified complaint shall be served upon the defendant
and the proceedings shall be conducted as in other civil cases except as
modified by this Section. If it is established that the defendant has been
or is engaged in any such unlawful use, the court or any judge may enter an
order or judgment perpetually enjoining the defendant from further such
use. In all proceedings under this Section, the court, in its discretion,
may apportion the costs among the parties interested in the suit, including
cost of filing the complaint, service of process, witness fees and
expenses, court reporter charges and reasonable attorney's fees. In case of
violation of any injunction issued under this Section, the court or any
judge may summarily try and punish the offender for contempt of court. Such
injunction proceedings are in addition to, and not in lieu of, all
penalties and other remedies provided in this Act.
(Source: P.A. 95-1023, eff. 6-1-09; 96-1334, eff. 7-27-10.)
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