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91_HB0282
LRB9101502ACmb
1 AN ACT concerning construction contractors.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the
5 Construction Contractors Registration Act.
6 Section 5. Legislative purpose; construction. The
7 General Assembly finds that the practice of construction
8 contracting in the State of Illinois affects the public
9 health, safety, and welfare and its regulation and control is
10 in the public interest. It is further declared that the
11 practice of construction contracting plays an important part
12 in the attainment and maintenance of health and that it is in
13 the public's best interest that persons who present
14 themselves as providers of these services meet specific
15 requirements and qualifications. This Act shall be liberally
16 construed to best carry out these objectives and purposes.
17 Section 10. Definitions. As used in this Act:
18 "Board" means the Construction Contractors Registration
19 Board.
20 "Construction" means new work, additions, alterations,
21 reconstruction, installations, and repairs. Construction
22 activities are generally administered or managed from a
23 relatively fixed place of business, but the actual
24 construction work is performed at one or more different
25 sites, which may be dispersed geographically.
26 "Contractor" means a person who engages in the business
27 of construction.
28 "Department" means the Department of Professional
29 Regulation.
30 "Director" means the Director of Professional Regulation.
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1 "Out-of-state contractor" means a contractor whose
2 principal place of business is in another state and who
3 contracts to perform construction in this State.
4 "Same phase of construction" means in the same type of
5 construction operations or trade, such as, but not limited
6 to, electrical work, masonry, stone work, tile setting and
7 plastering, roofing, sheet metal work, excavation work,
8 concrete work, glass work, painting, paper hanging and
9 decorating, plumbing, heating and air conditioning work,
10 carpentry, and miscellaneous special trade contractors.
11 Section 15. Registration required.
12 (a) No individual may perform construction, as defined
13 in this Act, or hold himself or herself out as a construction
14 contractor without applying for and obtaining registration in
15 accordance with this Act.
16 (b) This Act does not apply to a person who earns less
17 than $1,000 annually or who performs work or has performed
18 work on his or her own property.
19 (c) This Act does not prohibit a person licensed in this
20 State under any other Act from providing the services for
21 which he or she is licensed.
22 Section 20. Unregistered practice; violation; civil
23 penalty.
24 (a) In addition to any other penalty provided by law, a
25 person who violates subsection (a) of Section 15 shall pay a
26 civil penalty to the Department in an amount not to exceed
27 $5,000 for each offense as determined by the Department. The
28 civil penalty shall be assessed by the Department after a
29 hearing is held in accordance with the provisions set forth
30 in this Act regarding the provision of a hearing for the
31 discipline of a registrant.
32 (b) The Department has the authority and power to
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1 investigate any and all unregistered activity.
2 (c) The civil penalty shall be paid within 60 days after
3 the effective date of the order imposing the civil penalty.
4 The order shall constitute a judgment and may be filed and
5 execution had thereon in the same manner as any judgment from
6 any court record.
7 Section 25. Powers and duties of the Department.
8 (a) The Department shall exercise the powers and duties
9 prescribed by the Civil Administrative Code of Illinois for
10 the administration of licensing Acts and shall exercise other
11 powers and duties necessary for effectuating the purposes of
12 this Act.
13 (b) The Department may promulgate rules consistent with
14 the provisions of this Act for its administration and
15 enforcement, and may prescribe forms that shall be issued in
16 connection with this Act. The Department shall consult with
17 the Board in promulgating rules. Notice of proposed
18 rulemaking shall be transmitted to the Board, and the
19 Department shall review the Board's response and any
20 recommendations made therein. The Department shall notify
21 the Board in writing with proper explanation of deviations
22 from the Board's recommendations and responses.
23 (c) The Department may at any time seek the advice and
24 the expert knowledge of the Board on any matter relating to
25 the administration of this Act.
26 (d) The Department shall issue quarterly a report to the
27 Board of the status of all complaints related to the
28 profession filed with the Department.
29 Section 30. Construction Contractors Registration Board.
30 The Director shall appoint a Construction Contractor
31 Registration Board as follows: 7 individuals who shall be
32 appointed by and shall serve in an advisory capacity to the
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1 Director. Of these 7 individuals, 6 members must be
2 registered under this Act and currently engaged in practice
3 as a construction contractor in the State of Illinois and
4 must have been doing so for a minimum of 3 years, and 1
5 member must be a member of the public who is not registered
6 under this Act or a similar Act of another jurisdiction.
7 Members shall serve 4-year terms and until their
8 successors are appointed and qualified, except the terms of
9 the initial appointments. The initial appointments shall be
10 served as follows: 2 members shall be appointed to serve for
11 2 years, 2 shall be appointed to serve for 3 years, and the
12 remaining members shall be appointed to serve for 4 years and
13 until their successors are appointed and qualified. No
14 member shall be reappointed to the Board for a term that
15 would cause his or her continuous service on the Board to be
16 longer than 8 years. Appointments to fill vacancies shall be
17 made in the same manner as original appointments, for the
18 unexpired portion of the vacated term. Initial terms shall
19 begin upon the effective date of this Act and Board members
20 in office on that date shall be appointed to specific terms
21 as indicated in this Section.
22 The membership of the Board shall reasonably represent
23 all the geographic areas in this State. Any time there is a
24 vacancy on the Board, any professional association composed
25 of persons registered under this Act may recommend
26 registrants to fill the vacancy to the Board. Members of the
27 Board shall have no liability in any action based upon any
28 disciplinary proceeding or other activity performed in good
29 faith as members of the Board.
30 The Director shall have the authority to remove any
31 member of the Board from office for neglect of any duty
32 required by law or for incompetency or unprofessional or
33 dishonorable conduct.
34 The Director shall consider the recommendation of the
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1 Board on questions of standards of professional conduct,
2 discipline, and qualifications of candidates or registrants
3 under this Act.
4 Section 35. Application for registration.
5 (a) Each contractor shall apply to the Department for
6 registration on forms provided by the Department and
7 accompanied by the required fee. The application shall
8 include the following information:
9 (1) the name, principal place of business, address,
10 and telephone number of the contractor;
11 (2) the name, address, telephone number, and
12 position of each officer of the contractor if the
13 contractor is a corporation or each owner, including
14 silent partners, if the contractor is not a corporation;
15 (3) the name, address, and telephone number of the
16 contractor's registered agent if the contractor's
17 principal place of business is outside of the State;
18 (4) a description of the business, including the
19 principal products and services provided;
20 (5) a valid employer account number for the
21 Department of Employment Security;
22 (6) a certificate of insurance from the insurer
23 showing proof of workers' compensation insurance and the
24 effective dates of coverage, if necessary; and
25 (7) a description of the business, including the
26 employer's standard industrial classification (SIC) code
27 or the principal products and services provided.
28 (b) A contractor shall report any change in the
29 information provided in the application for registration
30 within 10 working days of the change, except that the
31 contractor shall report any change to workers' compensation
32 coverage within 5 days prior to any change in coverage.
33 (c) Within 30 days of receipt of a completed
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1 application, the Department shall issue a registration number
2 to the contractor. The registration number shall be a
3 5-digit number followed by a 2-digit number indicating the
4 year of issuance.
5 Section 40. Workers compensation coverage.
6 (a) A contractor shall be in compliance with the laws of
7 this State relating to workers' compensation insurance and
8 shall provide evidence of workers' compensation insurance
9 coverage or a statement that the contractor is not required
10 to carry workers' compensation coverage every 2 years.
11 (b) The insurance company carrying the contractor's
12 workers' compensation insurance shall notify the Department
13 of cancellation of coverage at the time of cancellation. The
14 notice shall contain (i) the name of the insurance carrier,
15 (ii) the name of the insured contractor, and (iii) the date
16 the workers' compensation coverage cancellation is effective.
17 Self-insured contractors shall notify the division 10 days
18 prior to the cessation in self-insurance. Non-insured
19 contractors shall notify the division whenever the required
20 notice is not posted or when there is any change in insurance
21 status.
22 Section 45. Roster. The Department shall maintain a
23 roster of the names and addresses of all registrants. This
24 roster shall be available upon written request and payment of
25 the required fee.
26 Section 50. Contracts; contractor's bond.
27 (a) A contractor who is not registered with the
28 Department as required by this Act shall not be awarded a
29 contract to perform work for the State or an agency of the
30 State.
31 (b) An out-of-state contractor, before commencing a
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1 contract in excess of $5,000 in value in Illinois, shall file
2 a bond with the Department. The surety bond shall be
3 executed by a surety company authorized to do business in
4 this State, and the bond shall be continuous in nature until
5 canceled by the surety with not less than 30 days' written
6 notice to the contractor and the Department indicating the
7 surety's desire to cancel the bond. The surety company shall
8 not be liable under the bond for any contract commenced after
9 the cancellation of the bond. The bond shall be in the sum
10 of $1,000 or 5% of the contract price, whichever is greater.
11 An out-of-state contractor may file a blanket bond in an
12 amount at least equal to $50,000 for the duration of a
13 registration period as established under this Act in lieu of
14 filing an individual bond for each contract. The Department
15 may increase the bond amount after a hearing.
16 (c) Release of the bond shall be conditioned upon the
17 payment of all taxes, including contributions due under the
18 unemployment compensation insurance system, penalties,
19 interest, and related fees, which may accrue to the State.
20 If at any time during the term of the bond, the Department of
21 Revenue or the Department of Employment Security determines
22 that the bond is not sufficient to cover the tax liabilities
23 accruing to the State, the Department shall require the bond
24 to be increased by an amount the Department of Revenue deems
25 sufficient to cover the tax liabilities accrued and accruing.
26 (d) The Department of Revenue and the Department of
27 Employment Security shall adopt rules for the collection of
28 the forfeiture. Notice shall be provided to the surety and
29 to the contractor. Notice to the contractor shall be mailed
30 to the contractor's last known address and to the
31 contractor's registered agent for service of process, if any
32 within the State. The contractor or surety shall have the
33 opportunity to apply to the Director of Revenue for a hearing
34 within 30 days after the giving of such notice. Upon the
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1 failure to timely request a hearing, the bond shall be
2 forfeited. If, after the hearing upon timely request, the
3 Department of Revenue or the Department of Employment
4 Security finds that the contractor has failed to pay the
5 total of all taxes payable, the Department of Revenue or the
6 Department of Employment Security shall order the bond
7 forfeited. The amount of the forfeiture shall be the amount
8 of taxes payable or the amount of the bond, whichever is
9 less. For purposes of this Section, "taxes payable" means
10 all tax, penalties, interest, and fees that the Department of
11 Revenue has previously determined to be due to the State by
12 assessment or in an appeal of an assessment, including
13 contributions to the unemployment compensation insurance
14 system.
15 (e) If it is determined that this Section may cause
16 denial of federal funds which would otherwise be inconsistent
17 with the requirements of federal law, this Section shall be
18 suspended, but only to the extent necessary to prevent denial
19 of the funds or to eliminate the inconsistency with federal
20 requirements.
21 (f) The bond required by this Section may be attached by
22 the Director for collection of fees and penalties due to the
23 Department.
24 Section 60. Expiration; restoration; renewal. The
25 expiration date and renewal period for each registration
26 issued under this Act shall be set by the Department by
27 rule. Renewal shall be conditioned on paying the required
28 fee and meeting other requirements as may be established by
29 rule.
30 A registrant who has permitted his or her registration
31 to expire may have the registration restored by making
32 application to the Department, by filing proof acceptable to
33 the Department of his or her fitness to have the registration
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1 restored, and by paying the required fees. Proof of fitness
2 may include sworn evidence certifying to active lawful
3 practice in another jurisdiction. A registrant whose
4 registration expired while he or she was (1) in federal
5 service on active duty with the Armed Forces of the United
6 States or the State Militia called into service or training
7 or (2) in training or education under the supervision of the
8 United States before induction into the military service, may
9 have the registration restored without paying any lapsed
10 renewal fees if within 2 years after honorable termination of
11 the service, training, or education he or she furnishes the
12 Department with satisfactory evidence to the effect that he
13 or she has been so engaged and that his or her service,
14 training, or education has been so terminated.
15 Section 65. Fees; returned checks.
16 (a) The Department shall set by rule fees for the
17 administration of this Act, including but not limited to fees
18 for initial and renewal registration and restoration of a
19 registration.
20 (b) A person who delivers a check or other payment
21 to the Department that is returned to the Department
22 unpaid by the financial institution upon which it
23 is drawn shall pay to the Department, in addition to the
24 amount already owed to the Department, a fine of $50. If
25 the check or other payment was for a renewal or issuance
26 fee and that person practices without paying the renewal
27 fee or issuance fee and the fine due, an additional fine of
28 $100 shall be imposed. The fines imposed by this
29 Section are in addition to any other discipline provided
30 under this Act for unregistered practice or practice on a
31 nonrenewed registration. The Department shall notify the
32 person that fees and fines shall be paid to the Department
33 by certified check or money order within 30 calendar days of
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1 the notification. If, after the expiration of 30 days from
2 the date of the notification, the person has failed to submit
3 the necessary remittance, the Department shall automatically
4 terminate the registration or deny the application without a
5 hearing. If the person seeks registration after termination
6 or denial, he or she shall apply to the Department for
7 restoration or issuance of the registration and pay all fees
8 and fines due to the Department. The Department may
9 establish a fee for the processing of an application for
10 restoration of a registration to defray the expenses of
11 processing the application. The Director may waive the fines
12 due under this Section in individual cases if the Director
13 finds that the fines would be unreasonable or unnecessarily
14 burdensome.
15 (c) All of the fees and fines collected under this Act
16 shall be deposited in the General Professions Dedicated Fund.
17 All monies in the fund shall be used by the Department, as
18 appropriated, for the ordinary and contingent expenses of the
19 Department.
20 (d) A contractor shall not be required to pay the fee if
21 the application contains an affidavit which shows the
22 contractor is self-employed, does not pay more than $1,000
23 annually to employ other persons in the business, and does
24 not work with or for other contractors in the same phase of
25 construction. At any time that a contractor no longer meets
26 the provision for exemption from the fee, the fee shall be
27 paid to the Department.
28 Section 70. Grounds for disciplinary action.
29 (a) The Department may refuse to issue, renew, or
30 restore a registration, may revoke or suspend a registration,
31 or may place on probation, censure, reprimand, or take other
32 disciplinary action with regard to a person registered under
33 this Act, including but not limited to the imposition of
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1 fines not to exceed $5,000 for each violation, for any one or
2 combination of the following causes:
3 (1) Making a material misstatement in furnishing
4 information to the Department.
5 (2) Violating a provision of this Act or its rules.
6 (3) Conviction under the laws of a United States
7 jurisdiction of a crime that is a felony or a
8 misdemeanor, an essential element of which is dishonesty,
9 or of a crime that is directly related to the practice as
10 a construction contractor.
11 (4) Making a misrepresentation for the purpose of
12 obtaining, renewing, or restoring a registration.
13 (5) Wilfully aiding or assisting another person in
14 violating a provision of this Act or its rules.
15 (6) Failing to provide information within 60 days
16 in response to a written request made by the Department.
17 (7) Engaging in dishonorable, unethical, or
18 unprofessional conduct of a character likely to deceive,
19 defraud, or harm the public, as defined by rule of the
20 Department.
21 (8) Discipline by another United States
22 jurisdiction or foreign nation, if at least one of the
23 grounds for discipline is the same or substantially
24 equivalent to those set forth in this Section.
25 (9) Directly or indirectly giving to or receiving
26 from a person, firm, corporation, partnership, or
27 association a fee, commission, rebate, or other form of
28 compensation for professional services not actually or
29 personally rendered.
30 (10) A finding by the Board that the registrant,
31 after having his or her registration placed on
32 probationary status, has violated the terms of probation.
33 (11) Wilfully making or filing false records or
34 reports in his or her practice, including but not limited
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1 to false records or reports filed with State agencies.
2 (12) Wilfully making or signing a false statement,
3 certificate, or affidavit to induce payment.
4 (13) Employment of fraud, deception, or any
5 unlawful means in applying for or securing registration
6 as a construction contractor.
7 (14) Allowing another person to use his or her
8 registration to practice.
9 (15) Failure to report to the Department (A) any
10 adverse final action taken against the registrant by
11 another jurisdiction, government agency, law enforcement
12 agency, or any court or (B) liability for conduct that
13 would constitute grounds for action as set forth in this
14 Section.
15 (16) Habitual intoxication or addiction to the use
16 of drugs.
17 (17) Physical illness, including but not limited to
18 deterioration through the aging process or loss of motor
19 skills, which results in the inability to practice the
20 profession for which he or she is registered with
21 reasonable judgment, skill, or safety.
22 (b) The Department may refuse to issue or may suspend
23 the registration of a person who fails to file a return, to
24 pay the tax, penalty, or interest shown in a filed return, or
25 to pay a final assessment of the tax, penalty, or interest as
26 required by a tax Act administered by the Department of
27 Revenue, until the requirements of the tax Act are satisfied.
28 Section 75. Cease and desist order.
29 (a) If a person violates a provision of this Act, the
30 Director, in the name of the People of the State of Illinois
31 through the Attorney General of the State of Illinois, or the
32 State's Attorney of a county in which the violation occurs,
33 may petition for an order enjoining the violation or for an
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1 order enforcing compliance with this Act. Upon the filing of
2 a verified petition in court, the court may issue a temporary
3 restraining order without notice or bond and may
4 preliminarily and permanently enjoin the violation. If it is
5 established that the registrant has violated or is violating
6 the injunction, the court may punish the offender for
7 contempt of court. Proceedings under this Section shall be
8 in addition to, and not in lieu of, all other remedies and
9 penalties provided by this Act.
10 (b) If a person practices as a construction contractor
11 without being registered under this Act, then any registrant
12 under this Act, interested party, or person injured thereby,
13 in addition to the Director or State's Attorney, may petition
14 for relief as provided in subsection (a) of this Section.
15 (c) If the Department determines that a person violated
16 a provision of this Act, the Department may issue a rule to
17 show cause why an order to cease and desist should not be
18 entered against him or her. The rule shall clearly set forth
19 the grounds relied upon by the Department and shall provide a
20 period of 7 days from the date of the rule to file an answer
21 to the satisfaction of the Department. Failure to answer to
22 the satisfaction of the Department shall cause an order to
23 cease and desist to be issued immediately.
24 Section 80. Investigation; notice; hearing.
25 Registrations may be refused, revoked, suspended, or
26 otherwise disciplined in the manner provided by this Act and
27 not otherwise. The Department may upon its own motion and
28 shall, upon the verified complaint in writing of any person
29 setting forth facts that if proven would constitute grounds
30 for refusal to issue or for suspension or revocation under
31 this Act, investigate the actions of a person applying for,
32 holding, or claiming to hold a registration. The Department
33 shall, before refusing to issue or renew, suspending, or
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1 revoking a registration or taking other discipline pursuant
2 to Section 75 of this Act, and at least 30 days prior to the
3 date set for the hearing, notify in writing the applicant or
4 registrant of any charges made, shall afford the applicant or
5 registrant an opportunity to be heard in person or by counsel
6 in reference to the charges, and direct the applicant or
7 registrant to file a written answer to the Department under
8 oath within 20 days after the service of the notice and
9 inform the applicant or registrant that failure to file an
10 answer will result in default being taken against the
11 applicant or registrant and that the registration may be
12 suspended, revoked, placed on probationary status, or other
13 disciplinary action may be taken, including limiting the
14 scope, nature, or extent of practice, as the Director may
15 deem proper. Written notice may be served by personal
16 delivery to the applicant or registrant or by mailing the
17 notice by certified mail to his or her last known place of
18 residence or to the place of business last specified by the
19 applicant or registrant in his or her last notification to
20 the Department. If the person fails to file an answer after
21 receiving notice, his or her registration may, in the
22 discretion of the Department, be suspended, revoked, or
23 placed on probationary status or the Department may take
24 whatever disciplinary action deemed proper, including
25 limiting the scope, nature, or extent of the person's
26 practice or the imposition of a fine, without a hearing, if
27 the act or acts charged constitute sufficient grounds for
28 such action under this Act. At the time and place fixed in
29 the notice, the Department shall proceed to hearing of the
30 charges and both the applicant or registrant and the
31 complainant shall be afforded ample opportunity to present,
32 in person or by counsel, any statements, testimony, evidence,
33 and arguments that may be pertinent to the charges or to
34 their defense. The Department may continue a hearing from
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1 time to time. If the Board is not sitting at the time and
2 place fixed in the notice or at the time and place to which
3 the hearing shall have been continued, the Department may
4 continue the hearing for a period not to exceed 30 days.
5 Section 85. Record of proceedings. The Department, at its
6 expense, shall preserve a record of all proceedings at a
7 formal hearing conducted pursuant to Section 80 of this Act.
8 The notice of hearing, complaint, and all other documents in
9 the nature of pleadings and written motions filed in the
10 proceedings, the transcript of testimony, the report of the
11 Board or hearing officer, and orders of the Department shall
12 be the record of the proceeding. The Department shall supply
13 a transcript of the record to a person interested in the
14 hearing on payment of the fee required under Section 60f of
15 the Civil Administrative Code of Illinois.
16 Section 90. Order for production of documents. A circuit
17 court may, upon application of the Department or its
18 designee, or of the applicant or registrant against whom
19 proceedings pursuant to Section 80 of this Act are pending,
20 enter an order requiring the attendance of witnesses and
21 their testimony and the production of documents, papers,
22 files, books, and records in connection with a hearing or
23 investigation authorized by this Act. The court may compel
24 obedience to its order through contempt proceedings.
25 Section 95. Subpoena power. The Department has the power
26 to subpoena and bring before it any person in this State and
27 to take testimony orally or by deposition, with the same fees
28 and mileage and in the same manner as prescribed by law in
29 judicial proceedings in civil cases in circuit courts of this
30 State. The Director and any Board member designated by the
31 Director shall each have the authority to administer, at any
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1 hearing that the Department is authorized to conduct under
2 this Act, oaths to witnesses and any other oaths authorized
3 to be administered by the Department under this Act.
4 Section 100. Board report. At the conclusion of the
5 hearing, the Board shall present to the Director a written
6 report of its findings of fact, conclusions of law, and
7 recommendations. In the report, the Board shall make a
8 finding of whether or not the charged registrant or applicant
9 violated a provision of this Act or its rules and shall
10 specify the nature of the violation. In making its
11 recommendations for discipline, the Board may take into
12 consideration all facts and circumstances bearing upon the
13 reasonableness of the conduct of the respondent and the
14 potential for future harm to the public, including but not
15 limited to previous discipline of that respondent by the
16 Department, intent, degree of harm to the public and
17 likelihood of harm in the future, any restitution made, and
18 whether the incident or incidents complained of appear to be
19 isolated or a pattern of conduct. In making its
20 recommendations for discipline, the Board shall seek to
21 ensure that the severity of the discipline recommended bears
22 some reasonable relationship to the severity of the
23 violation.
24 Section 105. Motion for rehearing. In a case involving
25 the refusal to issue or renew a registration or the
26 discipline of a registrant, a copy of the Board's report
27 shall be served upon the respondent by the Department,
28 either personally or as provided under Section 80 of this Act
29 for the service of the notice of hearing. Within 20 days
30 after the service, the respondent may present to the
31 Department a motion in writing for a rehearing, which shall
32 specify the particular grounds for a rehearing. If no motion
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1 for rehearing is filed, then upon the expiration of the
2 time specified for filing the motion, or if a motion for
3 rehearing is denied, then upon the denial the Director may
4 enter an order in accordance with recommendations of
5 the Board, except as provided in Section 110 or 115 of this
6 Act. If the respondent orders a transcript of the record
7 from the reporting service and pays for the transcript within
8 the time for filing a motion for rehearing, the 20-day period
9 within which such a motion may be filed shall commence upon
10 the delivery of the transcript to the respondent.
11 Section 110. Order of Director.
12 (a) The Director shall issue an order concerning the
13 disposition of the charges (i) following the expiration of
14 the filing period granted under Section 110 of this Act if no
15 motion for rehearing is filed or (ii) following a denial of a
16 timely motion for rehearing.
17 (b) The Director's order shall be based on the
18 recommendations contained in the Board's report unless, after
19 giving due consideration to the Board's report, the Director
20 disagrees in any regard with the report of the Board, in
21 which case he or she may issue an order in contravention of
22 the report. The Director shall provide a written report to
23 the Board on any deviation from the Board's report and shall
24 specify with particularity the reasons for his or her
25 deviation in the final order. The Board's report and
26 Director's order are not admissible in evidence against the
27 person in a criminal prosecution brought for a violation of
28 this Act, but the hearing, report, and order are not a bar to
29 a criminal prosecution brought for the violation of this Act.
30 Section 115. Hearing officer. Notwithstanding the
31 provisions of Section 80 of this Act, the Director shall have
32 the authority to appoint an attorney licensed to practice law
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1 in this State to serve as the hearing officer in a hearing
2 authorized under Section 80 of this Act. The Director shall
3 notify the Board of an appointment. The hearing officer
4 shall have full authority to conduct the hearing. The Board
5 has the right to have at least one member present at a
6 hearing conducted by a hearing officer appointed under this
7 Section. The hearing officer shall report his or her
8 findings of fact, conclusions of law, and recommendations to
9 the Board and the Director. The Board shall have 60 days from
10 receipt of the report to review the report of the hearing
11 officer and to present its findings of fact, conclusions of
12 law, and recommendations to the Director. If the Board fails
13 to present its report within the 60-day period, the Director
14 shall issue an order based on the report of the hearing
15 officer. If the Director disagrees in any regard with the
16 report of the Board or hearing officer, he or she may issue
17 an order in contravention of the report. The Director shall
18 provide a written explanation to the Board on a deviation
19 from the Board's report and shall specify with particularity
20 the reasons for his or her deviation in the final order.
21 Section 120. Rehearing on order of Director. Whenever the
22 Director is not satisfied that substantial justice has been
23 achieved in the discipline of a registrant, the Director may
24 order a rehearing by the same or another hearing officer or
25 by the Board.
26 Section 125. Order; prima facie proof. An order or a
27 certified copy of an order, over the seal of the Department
28 and purporting to be signed by the Director, shall be prima
29 facie proof that:
30 (1) the signature is the genuine signature of the
31 Director;
32 (2) the Director is duly appointed and qualified;
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1 and
2 (3) the Board and its members are qualified to act.
3 Section 130. Restoration of registration. At any time
4 after the suspension or revocation of a registration, the
5 Department may restore it to the registrant unless, after an
6 investigation and a hearing, the Department determines that
7 restoration is not in the public interest.
8 Section 135. Surrender of registration. Upon the
9 revocation or suspension of a registration, the registrant
10 shall immediately surrender the registration to the
11 Department. If the registrant fails to do so, the Department
12 shall have the right to seize the registration.
13 Section 140. Temporary suspension. The Director may
14 temporarily suspend the registration of a construction
15 contractor without a hearing, simultaneously with the
16 institution of proceedings for a hearing provided for in
17 Section 80 of this Act, if the Director finds that evidence
18 in his or her possession indicates that continuation in
19 practice would constitute an imminent danger to the public.
20 If the Director temporarily suspends a registration without a
21 hearing, a hearing by the Department shall be held within 30
22 days after the suspension has occurred and shall be concluded
23 without appreciable delay.
24 Section 145. Certificate of record. The Department shall
25 not be required to certify any record to a Court or file an
26 answer in court or otherwise appear in a court in a judicial
27 review proceeding unless there is filed in the court, with
28 the complaint, a receipt from the Department acknowledging
29 payment of the costs of furnishing and certifying the record.
30 Failure on the part of the plaintiff to file a receipt in
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1 court shall be grounds for dismissal of the action.
2 Section 150. Administrative Review Law. All final
3 administrative decisions of the Department are subject to
4 judicial review under the Administrative Review Law and its
5 rules. The term "administrative decision" is defined as in
6 Section 3-101 of the Code of Civil Procedure. Proceedings for
7 judicial review shall be commenced in the circuit court of
8 the county in which the party seeking review resides. If the
9 party seeking review is not a resident of this State, venue
10 shall be in Sangamon County.
11 Section 155. Criminal penalties. A person who is found
12 to have knowingly violated Section 15 of this Act is guilty
13 of a Class A misdemeanor for a first offense and is guilty of
14 a Class 4 felony for a second or subsequent offense.
15 Section 160. Home rule powers. The regulation and
16 registration of construction contractors are exclusive powers
17 and functions of the State. A home rule unit shall not
18 regulate or register construction contractors. This Section
19 is a limitation under subsection (h) of Section 6 of Article
20 VII of the Illinois Constitution.
21 Section 900. The Regulatory Sunset Act is amended by
22 adding Section 4.20 as follows:
23 (5 ILCS 80/4.20 new)
24 Sec. 4.20. Act repealed on January 1, 2010. The
25 following Act is repealed on January 1, 2010:
26 The Construction Contractors Registration Act.
27 Section 999. Effective date. This Act takes effect
28 January 1, 2000.