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91_HB2140
LRB9101817ACtmA
1 AN ACT to create the Commercial Interior Design Practice
2 and Residential Interior Design Title Act.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 1. Short title. This Act may be cited as the
6 Commercial Interior Design Practice and Residential Interior
7 Design Title Act.
8 Section 5. Declaration of public policy. The profession
9 of interior design, as defined in this Act, in the State of
10 Illinois is hereby declared to affect the public health,
11 safety and welfare and to be subject to regulation and
12 control in the public interest. It is further declared to be
13 a matter of public interest and concern that the practice of
14 interior design, as defined in this Act, merit and receive
15 the confidence of the public, and that only qualified persons
16 be authorized and licensed to practice commercial interior
17 design and be permitted to use the title of residential
18 interior designer in the State of Illinois. This Act shall
19 be liberally construed to best carry out these subjects and
20 purposes.
21 Section 10. Definitions. As used in this Act:
22 "Board" means the Interior Design Licensing and
23 Registration Board appointed by the Director.
24 "Commercial interior designer" means a design
25 professional who is qualified by education, training,
26 experience and examination and who is licensed under this
27 Act to practice the profession of interior design for
28 structures other than single-family private dwellings,
29 including single-family private residences or dwellings
30 within a multiple residence, excluding the common areas.
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1 "Common area" means an area intended to be used by all
2 tenants and owners in a multiple residence, including but not
3 limited to a lobby, elevator, hallway, laundry room, swimming
4 pool, storage room, or recreation area.
5 "Department" means the Department of Professional
6 Regulation.
7 "Director" means the Director of Professional Regulation.
8 "Family" means one or more persons who are living
9 together in a single dwelling and maintaining a common
10 household.
11 "Interior construction documents" means designs,
12 drawings, and specifications which establish the scope of the
13 interior build-out to be constructed, the standard of quality
14 for materials, workmanship, equipment, and construction
15 systems and methods, and studies and other technical reports
16 prepared in the course of interior design.
17 "Multiple residence" means a building containing 2 or
18 more living units with independent cooking and bathroom
19 facilities whether designated as an apartment house,
20 condominium, co-op, tenement, or garden apartment or called
21 by any other name.
22 "Profession of interior design", within the meaning and
23 intent of this Act, includes design professionals qualified
24 by education, experience, training, and examination, who
25 administer contracts for fabrication, procurement, or
26 installation in the implementation of designs, drawings, and
27 specifications for any interior design project and offer and
28 furnish professional services, such as consultations,
29 studies, drawings, space planning, specifications in
30 connection with the type and location of lighting fixtures
31 and lamps, specifications of ceiling finishes as shown in
32 reflected ceiling plans, furnishings, or the fabrication of
33 non-loadbearing structural elements within and surrounding
34 interior spaces of buildings, but specifically excluding
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1 mechanical and electrical systems, except for specifications
2 of fixtures and their location within interior spaces. A
3 person represents himself to be a "commercial interior
4 designer" within the meaning of this Act if he holds himself
5 out to the public by any title incorporating the words
6 "interior design", "interior designer", or any title that
7 includes the words "interior design".
8 "Residential interior designer" means a design
9 professional who is registered under this Act to practice the
10 profession of interior design for private single family
11 dwellings, including private single family residences or
12 dwellings within a multiple residence, excluding common
13 areas. A person represents himself or herself to be a
14 "residential interior designer" within the meaning of this
15 Act if he or she holds himself or herself out to the public
16 by any title incorporating the words "residential interior
17 design" or "residential interior designer".
18 Section 15. Licensure and registration; authorized
19 activities. No individual shall, without a license as a
20 commercial interior designer issued by the Department, in any
21 manner practice interior design or hold himself or herself
22 out to the public as an interior designer or attach the title
23 "interior designer" or any other name or designation which
24 would in any way imply that he or she is able to use the
25 title "interior designer" as defined in this Act. No
26 individual shall, without a certificate of registration as a
27 residential interior designer issued by the Department, in
28 any manner practice residential interior design or hold
29 himself or herself out to the public as a residential
30 interior designer, or use the title "residential interior
31 designer" or any name or designation that would in any way
32 imply that he or she is able to use the title "residential
33 interior designer" as defined in this Act. Nothing in this
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1 Act shall permit a design professional licensed or registered
2 under this Act to practice architecture under the Illinois
3 Architecture Practice Act of 1989.
4 Nothing in this Act shall be deemed or construed to
5 prevent the practice of structural engineering as defined in
6 the Structural Engineering Licensing Act of 1989, the
7 practice of architecture as defined in the Illinois
8 Architecture Practice Act of 1989, the practice of
9 professional engineering as defined in the Professional
10 Engineering Practice Act of 1989, or prevent the offering or
11 preparation of environmental analysis, feasibility studies,
12 programming or construction management services by persons
13 other than those licensed in accordance with this Act, the
14 Structural Engineering Licensing Act of 1989, the
15 Professional Engineering Practice Act of 1989 or the Illinois
16 Architecture Practice Act of 1989. This Act is intended to
17 replace the Interior Design Profession Title Act.
18 Nothing contained in this Act shall prevent draftpersons,
19 students, project representatives and other employees of
20 those lawfully practicing as licensed commercial interior
21 designers under the provisions of this Act, from acting under
22 the direct supervision and control of their employers, or to
23 prevent the employment of project representatives for
24 modification, enlargement or alteration of the interior space
25 of buildings or any parts thereof, as allowed under this Act,
26 or prevent such project representatives from acting under the
27 direct supervision and control of the licensed commercial
28 interior designer who prepared the interior construction
29 documents, including drawings and specifications of any such
30 interior space of a building or modification or alteration
31 thereof.
32 Nothing in this Act or any other Act shall prevent a
33 licensed architect under the Illinois Architecture Practice
34 Act of 1989 from practicing or providing interior design
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1 services or from using the title "residential interior
2 designer" or "commercial interior designer". Nothing in this
3 Act shall be construed as requiring the services of an
4 interior designer for the interior design of an existing
5 single family residence whether detached or part of a
6 multiple residence.
7 Nothing in this Act shall be construed as preventing or
8 restricting any of the following:
9 (a) the building, remodeling or repairing of any
10 building or other structure outside of the corporate
11 limits of any city or village, if that building or
12 structure is to be or is used for residential or farm
13 purposes or for the purposes of outbuildings or auxiliary
14 buildings in connection with a residence or farm;
15 (b) the construction, remodeling or repairing of a
16 single family residence whether detached or part of a
17 multiple residence; or
18 (c) the construction, remodeling or repairing of a
19 two-family residence of wood frame construction on a
20 single lot, not more than two stories and basement in
21 height.
22 However, all buildings not included in the preceding
23 paragraphs (a) through (c), including multi-family buildings
24 and buildings previously exempt under those paragraphs but
25 subsequently nonexempt due to a change in occupancy or use,
26 are subject to the requirements of this Act.
27 This Act does not apply to interior decorators or
28 individuals offering interior decorating services, including
29 but not limited to the selection or assistance in the
30 selection and placement of surface materials, window
31 treatments, paint, wall coverings, furniture, accessories,
32 floor coverings, lighting fixtures, kitchen appliances,
33 cabinets, and plumbing fixtures, and does not apply to
34 builders, home furnishing salespersons, and similar purveyors
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1 of goods and services.
2 This Act does not apply to any individual, partnership,
3 or corporation that performs retail installation or delivery
4 services pursuant to selling, selecting, or assisting in
5 selecting personal property used in connection with
6 furnishing of interior spaces or fixtures such as, but not
7 limited to, furnishings, decorative accessories, furniture,
8 paint, wall coverings, window treatments, floor coverings,
9 surface mounted lighting, or decorative materials; or an
10 individual, partnership, or corporation that installs or
11 coordinates installations as part of the prospective retail
12 sale, or provides computer-aided or other drawings for the
13 purpose of retail sale, provided those drawings are used for
14 material lists or a person who designs such personal property
15 or fixtures within a showroom.
16 Section 20. Powers and duties of the Department.
17 Subject to the provisions of this Act, the Department shall:
18 (1) Conduct examinations to ascertain the
19 qualifications and fitness of applicants for licensure as
20 licensed commercial interior designers, and pass upon the
21 qualifications and fitness of applicants for licensure by
22 endorsement.
23 (2) Adopt rules for a method of examination of
24 candidates for licensure as commercial interior
25 designers.
26 (3) Adopt rules defining what constitutes a school,
27 college, university, department of a university, or other
28 institution, that is reputable and in good standing, and
29 determine whether or not a school, college, university,
30 department of a university, or other institution is
31 reputable and in good standing by reference to a
32 compliance with such rules, and terminate the approval of
33 such school, college, university, department of a
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1 university or other institution that refuses admittance
2 to applicants solely on the basis of race, color, creed,
3 sex or national origin. The Department may adopt, as its
4 own rules relating to education requirements, those
5 guidelines which may be published from time to time by
6 the National Council for Interior Design Qualifications.
7 (4) Adopt rules for diversified professional
8 training. The Department may adopt, as its own rules
9 relating to diversified professional training for
10 licensed commercial interior designers, those guidelines
11 which may be published from time to time by the National
12 Council for Interior Design Qualification.
13 (5) Conduct oral interviews, disciplinary
14 conferences and formal evidentiary hearings or
15 proceedings to impose fines or to suspend, revoke, place
16 on probationary status, reprimand, and refuse to issue or
17 restore any license or certificate of registration issued
18 under the provisions of this Act for the reasons set
19 forth in Section 85 of this Act.
20 (6) Issue licenses to those who meet the
21 requirements of this Act pertaining to commercial
22 interior designers.
23 (7) Conduct or authorize examinations to ascertain
24 the fitness and qualifications of applicants for
25 registration as residential interior designers.
26 (8) Adopt rules for a method of examination of
27 candidates for registration as residential interior
28 designers.
29 (9) Issue certificates of registration to persons
30 meeting the requirements of this Act pertaining to
31 residential interior designers.
32 (10) Adopt rules necessary or appropriate to carry
33 out the provisions of this Act.
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1 Section 25. Creation of the Board. The Director shall
2 appoint an Interior Design Licensing and Registration Board
3 which shall consist of 6 members. Three members shall be
4 licensed commercial interior designers or, with respect to
5 the initial appointments under this Section, persons
6 qualified to be licensed as commercial interior designers,
7 residing in this State, who have been engaged in the practice
8 of interior design at least 10 years. Two members shall be
9 registered residential interior designers or, with respect to
10 the initial appointments, persons qualified to be registered
11 as residential interior designers, residing in this State who
12 have practiced residential interior design at least 10 years.
13 In addition to the 3 licensed commercial interior designers
14 and 2 registered residential interior designers, there shall
15 be one public member. The public member shall be a voting
16 member but shall not hold a license as a commercial interior
17 designer, architect, professional engineer, structural
18 engineer or land surveyor, or hold a certificate of
19 registration as a residential interior designer, or have a
20 significant financial interest in the design or construction
21 service or profession.
22 Board members shall serve 5 year terms until their
23 successors are appointed and qualified. For the initial
24 appointments made under this Act, however, 3 members shall be
25 appointed to serve for a period of one year, 2 members shall
26 be appointed to serve for a period of 3 years, and one member
27 shall be appointed for a period of 5 years. The public
28 member shall be appointed to an initial term of 5 years. No
29 member shall be reappointed to the Board for a term which
30 would cause his or her continuous service on the Board to be
31 longer than 10 successive years. Service prior to the
32 effective date of this Act shall not be considered.
33 The membership of the Board should reasonably reflect
34 representation from the geographic areas in this State.
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1 In making appointments to the Board, the Director shall
2 give due consideration to recommendations by national and
3 State organizations of the interior design profession and
4 shall promptly give due notice to such organizations of any
5 vacancy in the membership of the Board.
6 The Director may terminate the appointment of any member
7 for any cause which in the opinion of the Director reasonably
8 justifies such termination.
9 A vacancy in the membership of the Board shall not impair
10 the right of a quorum to exercise all of the rights and
11 perform all of the duties of the Board.
12 Each member of the Board shall receive as compensation a
13 reasonable sum as determined by the Director for each day
14 actually engaged in the duties of his or her office, and for
15 all legitimate and necessary expenses incurred in attending a
16 meeting of the Board.
17 Appointments to fill vacancies shall be made in the same
18 manner as original appointments, for the unexpired portion of
19 the vacated term.
20 Four members shall constitute a quorum of Board members.
21 The Chairman shall only vote on matters to come before the
22 Board in the case of a tie vote.
23 Notice of proposed rulemaking shall be transmitted to the
24 Board and the Department shall review the response of the
25 Board and any recommendations in the response. The
26 Department may, at any time, seek the expert advice and
27 knowledge of the Board on any matter relating to the
28 administration or enforcement of this Act.
29 Members of the Board shall be immune from suit in any
30 action based upon any disciplinary proceedings or other
31 activities performed in good faith as members of the Board.
32 Section 30. Powers and duties of the Board.
33 (a) The Board shall hold at least 3 regular meetings
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1 each year.
2 (b) The Board shall annually elect a chairperson who
3 shall be a licensed commercial interior designer.
4 (c) The Board, upon request by the Department, may make
5 a curriculum evaluation to determine if courses conform to
6 the requirements of approved commercial interior design and
7 residential interior design programs.
8 (d) The Board shall assist the Department in conducting
9 oral interviews, disciplinary conferences and formal
10 evidentiary hearings.
11 (e) The Board may appoint a subcommittee to serve as a
12 Complaint Committee to recommend the disposition of case
13 files according to the procedures established by rule of the
14 Department.
15 (f) The Board shall review applicant qualifications to
16 sit for the examination or for licensure or registration and
17 shall make recommendations to the Department. The Department
18 shall review the Board's recommendations on applicant
19 qualifications. The Director shall notify the Board in
20 writing with an explanation of any deviation from the Board's
21 recommendation on applicant qualifications. After review of
22 the Director's written explanation of his or her reasons for
23 deviation, the Board shall have the opportunity to comment
24 upon the Director's decision.
25 Section 35. Application for an original license or
26 certificate of registration.
27 (a) Each applicant for licensure or registration shall
28 apply to the Department in writing on a form provided by the
29 Department.
30 (b) Except as otherwise provided in this Act, each
31 applicant shall take and pass an examination approved by the
32 Department. Any person who is of good moral character, and
33 is a citizen of the United States or any of its territories
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1 or a lawfully admitted alien, may take an examination for
2 licensure or registration if he or she is a graduate from a
3 program deemed satisfactory by the Department and has
4 completed any diversified professional training, including
5 academic training, that is required by rule of the
6 Department.
7 As used in this subsection "good moral character" means
8 such character as will enable a person to discharge the
9 fiduciary duties of a commercial interior designer or
10 residential interior designer to that person's client and to
11 the public in a manner that protects health, safety and
12 welfare. Evidence of inability to discharge such duties may
13 include the commission of an offense justifying discipline
14 under Section 85. In addition, the Department may take into
15 consideration any felony conviction of the applicant, but
16 such a conviction shall not operate as an absolute bar to
17 qualification for examination for licensure or registration.
18 (c) Each applicant shall have obtained the education and
19 experience as required under this Act.
20 (d) Each applicant for licensure or registration who
21 possesses the necessary qualifications shall pay to the
22 Department a nonrefundable license or registration fee which
23 the Department shall determine by rule.
24 (e) Upon payment of the required fee, an applicant who
25 is an architect licensed under the laws of this State may,
26 without examination, be granted licensure as a commercial
27 interior designer or registration as a residential interior
28 designer by the Department provided the applicant submits
29 proof that he or she is then currently licensed to practice
30 architecture under the Illinois Architecture Practice Act of
31 1989.
32 (f) A person who is registered as an interior designer
33 under the Interior Design Profession Title Act on the
34 effective date of this Act shall be deemed to have a license
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1 under this Act for the 18 months immediately following the
2 effective date of this Act.
3 A person registered as a residential interior designer
4 under the Interior Design Profession Title Act on the
5 effective date of this Act shall be deemed to have a
6 certificate of registration under this Act for the 18 months
7 immediately following the effective date of this Act.
8 Section 40. Minimum standards for licensure as a
9 commercial interior designer.
10 (a) Prior to licensure, each applicant shall provide
11 substantial evidence to the Board that the applicant:
12 (1) is a graduate of a 4 year or 5 year interior
13 design program from an accredited institution and has
14 completed at least 2 years of full time diversified
15 interior design experience;
16 (2) has completed at least 3 years of interior
17 design curriculum from an accredited institution and has
18 completed 3 years of full time diversified interior
19 design experience; or
20 (3) is a graduate of a 2 year interior design
21 program from an accredited institution and has completed
22 4 years of full time diversified interior design
23 experience.
24 (b) In addition to meeting the requirements of
25 subsection (a), each applicant shall provide substantial
26 evidence to the Board that he or she has successfully
27 completed the examination administered by the National
28 Council for Interior Design Qualifications or its equivalent,
29 as determined by the Department.
30 Examinations for applicants under this Act may be held at
31 the direction of the Department from time to time but not
32 less than annually. The scope and form of the examination
33 shall conform to the National Council for Interior Design
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1 Qualifications examination or its equivalent as determined by
2 the Department. The Board may adopt all or part of the
3 examination and grading procedures of the National Council
4 for Interior Design Qualifications or its equivalent, as
5 determined by the Department.
6 (c) If any applicant applies for licensure and has
7 completed at least 8 years of full-time, diversified
8 professional experience in interior design or a combination
9 of full-time experience and interior design education equal
10 to 8 years, the applicant may be issued a certificate of
11 licensure without examination.
12 (d) Notwithstanding any other provisions in this Act,
13 anyone who has submitted an application for licensure within
14 one year after the effective date of this Act and has
15 completed at least 15 years of full-time, diversified
16 professional experience in interior design may be issued a
17 license without examination.
18 (e) A person registered as an interior designer under
19 the provisions of the Interior Design Profession Title Act as
20 of the effective date of this Act may satisfy this
21 examination requirement by providing substantial evidence
22 within 18 months of the effective date of this Act that he or
23 she has successfully completed the "Building and Barrier-Free
24 Codes" portion of the National Council for Interior Design
25 Qualifications examination or its equivalent, as determined
26 by the Department.
27 Section 45. Display of license; seal. Every holder of a
28 license as a licensed commercial interior designer shall
29 display it in a conspicuous place in the principal office of
30 the interior designer.
31 Every licensed commercial interior designer shall have a
32 reproducible seal, or facsimile, the print of which shall
33 contain the name of the commercial interior designer, the
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1 license number, and the words "Licensed Commercial Interior
2 Designer, State of Illinois". The licensed commercial
3 interior designer shall affix the signature, current date,
4 date of license expiration and seal to the first sheet of any
5 bound set or loose sheets of interior construction documents
6 utilized as contract documents or prepared for the review and
7 approval of any governmental or public authority having
8 jurisdiction by that licensed commercial interior designer or
9 under that licensed commercial interior designer's direct
10 supervision and control. The sheet of interior construction
11 documents in which the seal is affixed shall indicate those
12 documents or parts thereof for which the seal shall apply.
13 In recognition that commercial interior designers are
14 licensed for the protection of the public health, safety and
15 welfare, all construction documents intended for use in
16 interior construction in this State shall be prepared and
17 administered in accordance with standards of reasonable
18 professional skill and diligence. Care shall be taken to
19 follow the requirements of State statutes and, where
20 applicable, federal, county and municipal building ordinances
21 when preparing the documents. A commercial interior designer
22 is obligated to have detailed professional knowledge of the
23 interior construction documents that the interior designer
24 seals and to have exercised professional judgment in all
25 interior design matters embodied in those documents.
26 For purposes of this Section, "direct supervision and
27 control" means that the commercial interior designer has
28 exerted sufficient personal supervision, control, and review
29 of the activities of those employed to perform commercial
30 interior design work to ensure that the interior construction
31 documents produced by those so employed and sealed by the
32 interior designer meet the standards of reasonable
33 professional skill and diligence and are of no lesser quality
34 than if they had been produced personally by the interior
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1 designer. Merely reviewing the documents produced by others,
2 even if they are licensed, shall not constitute "direct
3 supervision and control" by the interior designer unless the
4 interior designer has actually exercised the supervision and
5 control over the preparation of the documents provided for in
6 this Section.
7 Section 50. License and certificate renewal and
8 restoration; military service. The expiration date and
9 renewal period for each license or certificate of
10 registration issued under this Act shall be set by rule. The
11 holder of a license may renew the license during the month
12 preceding the expiration date for the license by paying the
13 required fee. A licensed commercial interior designer or
14 registered residential interior designer who has permitted
15 his or her license or registration to expire or who has had
16 his or her license or registration on inactive status may
17 have the license or registration restored by making
18 application to the Department and filing proof acceptable to
19 the Department of his or her fitness to have the license or
20 registration restored, including sworn evidence certifying to
21 active practice in another jurisdiction satisfactory to the
22 Department, and by paying the required restoration fee.
23 If the person has not maintained an active practice in
24 another jurisdiction satisfactory to the Department, the
25 Board shall determine, by an evaluation program established
26 by rule, that person's fitness to resume active status and
27 may require that person to successfully complete an
28 examination.
29 Any person whose license or certificate has been expired
30 for more than 3 years may have his or her license restored by
31 making application to the Department and filing proof
32 acceptable to the Department of his or her fitness to have
33 the license or certificate restored, including sworn evidence
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1 certifying to active practice in another jurisdiction, and by
2 paying the required restoration fee.
3 However, any person whose license or certificate has
4 expired while he or she has been engaged (1) in federal
5 service on active duty with the United States Army, the
6 United States Navy, the Marine Corps, the Air Force, the
7 Coast Guard, or the State Militia called into the service or
8 training of the United States of America, or (2) in training
9 or education under the supervision of the United States prior
10 to induction into the military service, may have his or her
11 license or certificate restored or reinstated without paying
12 any lapsed renewal or restoration fee if within 2 years
13 after termination of such service, training or education
14 other than by dishonorable discharge, he or she furnishes the
15 Department with an affidavit to the effect that he or she has
16 been so engaged and that his or her service, training or
17 education has been so terminated.
18 Section 55. Inactive status; restoration. Any licensed
19 commercial interior designer or registered residential
20 interior designer, who notifies the Department in writing on
21 forms prescribed by the Department, may elect to place his or
22 her license or certificate of registration on an inactive
23 status and shall, subject to rules of the Department, be
24 excused from payment of renewal fees until he or she notifies
25 the Department in writing of his or her desire to resume
26 active status.
27 Any licensed commercial interior designer or registered
28 residential interior designer requesting restoration from
29 inactive status shall be required to pay the current renewal
30 fee and shall have his or her license or certificate restored
31 as provided in Section 50 of this Act.
32 Any licensed commercial interior designer or registered
33 residential interior designer whose license or certificate is
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1 in an inactive status shall not practice interior design in
2 the State of Illinois.
3 Section 60. Registration requirements; examination.
4 (a) Prior to registration, each applicant for
5 registration as a residential interior designer shall provide
6 substantial evidence to the Board that the applicant:
7 (1) is a graduate of a 4 year or 5 year residential
8 interior design program from an accredited institution
9 and has completed at least 2 years of full time
10 diversified interior design experience;
11 (2) has completed at least 3 years of residential
12 interior design curriculum from an accredited institution
13 and has completed 3 years of full time diversified
14 interior design experience; or
15 (3) is a graduate of a 2 year residential interior
16 design program from an accredited institution and has
17 completed 4 years of full time diversified interior
18 design experience.
19 (b) In addition to meeting the requirements of
20 subsection (a), each applicant for registration as a
21 residential interior designer must provide substantial
22 evidence that he or she has successfully completed the
23 examination administered by the Council for Qualification of
24 Residential Interior Designers or its equivalent, as
25 determined by the Department.
26 Examinations for applicants under this Section may be
27 held at the direction of the Department from time to time but
28 not less than once each year. The scope and form of the
29 examination shall conform to the Council for Qualification
30 of Residential Interior Designers examination
31 (c) If any applicant applies for registration and has
32 completed at least 8 years of full-time, diversified
33 professional experience in interior design or a combination
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1 of full-time experience and interior design education equal
2 to 8 years, the applicant may be issued a certificate of
3 registration without examination.
4 (d) Notwithstanding any other provisions in this Act,
5 anyone who has submitted an application for registration
6 within one year after the effective date of this Act and has
7 completed at least 15 years of full time, diversified
8 professional experience in interior design may be issued a
9 certificate of registration without examination.
10 (e) If any applicant applies for registration as a
11 residential interior designer within one year after the
12 effective date of this Act and has completed at least 5 years
13 of full-time, diversified professional experience in
14 residential interior design or a combination of full-time
15 experience and residential interior design education equal to
16 5 years, the applicant may be issued a certificate of
17 registration without examination.
18 Section 65. Endorsement. The Department may, in its
19 discretion, license as a commercial interior designer,
20 without examination and on payment of the required fee, an
21 applicant who is an interior designer licensed under the laws
22 of another state or territory, if the requirements for
23 licensure or registration in the state or territory in which
24 the applicant was licensed or registered were, at the date of
25 his or her licensure or registration, substantially
26 equivalent to the requirements in force in this State on that
27 date. A person registered as a residential interior designer
28 under this Act is authorized to use the title "residential
29 interior designer".
30 Applicants for licensure or registration shall have 3
31 years from the date of application to complete the
32 application process. If the process has not been completed
33 within 3 years, the application shall be denied and the fee
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1 forfeited, and the applicant must reapply and meet the
2 requirements in effect at the time of reapplication.
3 Section 70. Fees.
4 (a) The Department shall provide by rule for a schedule
5 of fees to be paid for licenses and certificates of
6 registration by all applicants. All fees are not refundable.
7 (b) The fees for the administration and enforcement of
8 this Act, including but not limited to original licensure,
9 registration, renewal, and restoration, shall be set by rule
10 by the Department.
11 Section 75. Roster of licensees and registrants. A
12 roster showing the names and addresses of all commercial and
13 residential interior designers and professional design firms
14 licensed or registered under this Act shall be prepared by
15 the Department each year. This roster shall be available
16 upon written request and payment of the required fee.
17 Section 80. Professional design firm registration;
18 conditions.
19 (a) Nothing in this Act shall prohibit the formation,
20 under the provisions of the Professional Service Corporation
21 Act, of a corporation to practice commercial interior design
22 or residential interior design.
23 Any business not formed under the provisions of the
24 Professional Service Corporation Act and not registered as
25 such with the Department, and which includes the practice of
26 interior design within its stated purposes, practices, or
27 holds itself out as available to practice interior design,
28 shall register with the Department under this Section. Any
29 professional service corporation, sole proprietorship, or
30 professional design firm offering interior design services
31 must have a resident licensed commercial interior designer or
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1 registered residential interior designer overseeing the
2 interior design practices at each location that interior
3 design services are provided.
4 Any sole proprietorship not owned and operated by an
5 Illinois licensed design professional shall be prohibited
6 from offering interior design services to the public.
7 "Illinois licensed design professional" means a person who
8 holds an active license as an interior designer under this
9 Act, as an architect under the Illinois Architecture Practice
10 Act of 1989, as a structural engineer under the Structural
11 Engineering Licensing Act of 1989, or as a professional
12 engineer under the Professional Engineering Practice Act of
13 1989. Any sole proprietorship owned and operated by a
14 commercial interior designer with an active license issued
15 under this Act is exempt from the registration requirements
16 of a professional design firm.
17 (b) Any corporation, partnership, or professional design
18 firm seeking to be registered under this Section shall not be
19 registered unless the person having the interior design
20 practice in this State in his or her charge is (a) a managing
21 agent in the case of a corporation, a general partner in the
22 case of a partnership, or a member in the case of a limited
23 liability company, and (b) holds a license under this Act.
24 Any corporation, limited liability company, professional
25 service corporation, or partnership qualifying for
26 registration under this Section and practicing in this State
27 shall file with the Department any information concerning its
28 officers, directors, members, managers, partners or
29 beneficial owners as the Department may, by rule, require.
30 (c) No business shall practice or hold itself out as
31 available to practice interior design until it is registered
32 with the Department.
33 (d) Any business seeking to be registered under this
34 Section shall make application on a form provided by the
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1 Department and shall provide any information requested by the
2 Department, which shall include but shall not be limited to
3 all of the following:
4 (1) The name and commercial interior designer's
5 license number of at least one person designated as the
6 managing agent in responsible charge of the practice of
7 interior design in Illinois. In the case of a
8 corporation, the corporation shall also submit a
9 certified copy of the resolution by the board of
10 directors designating at least one managing agent. If a
11 limited liability company, the company shall submit a
12 certified copy of either its articles of organization or
13 operating agreement designating the managing agent.
14 (2) The names and commercial interior designer's,
15 professional engineer's, architect's, or structural
16 engineer's license numbers of the directors, in the case
17 of a corporation, the members, in the case of a limited
18 liability company, or general partners, in the case of a
19 partnership.
20 (3) A list of all locations at which the
21 professional design firm provides commercial interior
22 design services.
23 (4) A list of all assumed names of the business.
24 Nothing in this Section shall be construed to exempt a
25 business from compliance with the requirements of the
26 Assumed Business Name Act.
27 It is the responsibility of the professional design firm
28 to provide the Department notice in writing of any changes in
29 the information requested on the application.
30 (e) In the event a managing agent is terminated or
31 terminates his or her status as managing agent of the
32 professional design firm, the managing agent and professional
33 design firm shall notify the Department of this fact in
34 writing, by certified mail, within 10 business days of
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1 termination.
2 Thereafter, the professional design firm, if it has so
3 informed the Department, has 30 days in which to notify the
4 Department of the name and commercial interior designer's
5 license number of the interior designer who is the newly
6 designated managing agent. If a corporation, the corporation
7 shall also submit a certified copy of a resolution by the
8 board of directors designating the new managing agent. If a
9 limited liability company, the company shall also submit a
10 certified copy of either its articles of organization or
11 operating agreement designating the new managing agent. The
12 Department may, upon good cause shown, extend the original 30
13 day period.
14 If the professional design firm has not notified the
15 Department in writing, by certified mail within the specified
16 time, the registration shall be terminated without prior
17 hearing. Notification of termination shall be sent by
18 certified mail to the last known address of the business. If
19 the professional design firm continues to operate and offer
20 interior design services after the termination, the
21 Department may seek disciplinary action and prosecution under
22 Sections 85 and 155 of this Act for the unlicensed practice
23 of commercial interior design.
24 (f) No professional design firm shall be relieved of
25 responsibility for the conduct or acts of its agents,
26 employees, or officers by reason of its compliance with this
27 Section, nor shall any individual practicing commercial
28 interior design be relieved of the responsibility for
29 professional services performed by reason of the individual's
30 employment or relationship with a professional design firm
31 registered under this Section.
32 (g) Disciplinary action against a professional design
33 firm registered under this Section shall be administered in
34 the same manner and on the same grounds as disciplinary
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1 action against a licensed commercial interior designer.
2 Section 85. Refusal, suspension and revocation of
3 licenses; or certificates of registration; causes.
4 (a) The Department may refuse to issue, renew or
5 restore, or may suspend or revoke any license or certificate
6 of registration, or may place on probation, reprimand, or
7 fine, with a civil penalty not to exceed $10,000 for each
8 violation, any person, corporation, or partnership, or
9 professional design firm licensed or registered under this
10 Act for any of the following reasons:
11 (1) material misstatement in furnishing information
12 to the Department;
13 (2) negligence, incompetence or misconduct in the
14 practice of interior design;
15 (3) failure to comply with any of the provisions of
16 this Act or rules adopted pursuant to this Act;
17 (4) making any misrepresentation for the purpose of
18 obtaining licensure or registration;
19 (5) purposefully making false statements or signing
20 false statements, certificates or affidavits to induce
21 payment;
22 (6) conviction of any crime under the laws of the
23 United States, or any state or territory thereof, which
24 is a felony, whether related to the practice of interior
25 design or not; or conviction of any crime, whether a
26 felony, misdemeanor, or otherwise, an essential element
27 of which is dishonesty, wanton disregard for the rights
28 of others, or which is directly related to the practice
29 of interior design;
30 (7) aiding or assisting another person in violating
31 any provision of this Act or its rules;
32 (8) signing, affixing the licensed commercial
33 interior designer's seal or permitting the licensed
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1 commercial interior designer's seal to be affixed to any
2 interior construction documents not prepared by the
3 commercial interior designer or under that licensed
4 commercial interior designer's direct supervision and
5 control;
6 (9) engaging in dishonorable, unethical or
7 unprofessional conduct of a character likely to deceive,
8 defraud or harm the public;
9 (10) habitual intoxication or addiction to the use
10 of drugs;
11 (11) making a statement of compliance pursuant to
12 the Environmental Barriers Act that interior construction
13 documents prepared by the licensed commercial interior
14 designer or prepared under the licensed commercial
15 interior designer's direct supervision and control for
16 construction or alteration of an occupancy required to be
17 in compliance with the Environmental Barriers Act are in
18 compliance with the Environmental Barriers Act when such
19 interior construction documents are not in compliance;
20 (12) a finding by the Board that a licensee or
21 registrant, whose license or certificate of registration
22 has been placed on probationary status, has violated the
23 terms of probation;
24 (13) discipline by another state, territory,
25 foreign country, the District of Columbia, the United
26 States government, or any government agency, if at least
27 one of the grounds for discipline is the same or
28 substantially equivalent to those set forth in this
29 Section;
30 (14) failure to provide information in response to
31 a written request made by the Department within 30 days
32 after the receipt of such written request;
33 (15) physical illness, including but not limited
34 to, deterioration through the aging process or loss of
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1 motor skill which results in the inability to practice
2 the profession with reasonable judgment, skill or safety.
3 (b) The determination by a circuit court that a licensee
4 or registrant is subject to involuntary admission or judicial
5 admission, as provided in the Mental Health and Developmental
6 Disabilities Code, operates as an automatic suspension. Such
7 suspension will end only upon a finding by a court that the
8 licensee or registrant is no longer subject to involuntary
9 admission or judicial admission, the issuance of an order so
10 finding and discharging the licensee or registrant, and the
11 recommendation of the Board to the Director that the licensee
12 or registrant be allowed to resume practice.
13 The Department may refuse to issue or may suspend the
14 license or certificate of registration of any person who
15 fails to file a return, or to pay the tax, penalty or
16 interest shown in a filed return, or to pay any final
17 assessment of tax, penalty or interest, as required by any
18 tax statute administered by the Illinois Department of
19 Revenue, until such time as the requirements of the statute
20 are satisfied.
21 Persons who assist the Department as consultants or
22 expert witnesses in the investigation or prosecution of
23 alleged violations of the Act, licensure or registration
24 matters, restoration proceedings, or criminal prosecutions,
25 shall not be liable for damages in any civil action or
26 proceeding as a result of that assistance, except upon proof
27 of actual malice. The Attorney General shall defend those
28 persons in any such action or proceeding.
29 Section 90. Violations; injunction; cease and desist
30 order.
31 (a) If any person or entity violates a provision of this
32 Act, the Director may, in the name of the People of the State
33 of Illinois, through the Attorney General of the State of
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1 Illinois, petition for an order enjoining such violation or
2 for an order enforcing compliance with this Act. Upon the
3 filing of a verified petition in court, the court may issue a
4 temporary restraining order, without notice or bond, and may
5 preliminarily and permanently enjoin the violation. If it is
6 established that the person or entity has violated or is
7 violating the injunction, the court may punish the offender
8 for contempt of court. Proceedings under this Section are in
9 addition to, and not in lieu of, all other remedies and
10 penalties provided by this Act.
11 (b) If any person or entity practices as a commercial
12 interior designer or holds himself or herself out as a
13 residential interior designer or professional design firm
14 without being licensed or registered under the provisions of
15 this Act, then any licensed commercial interior designer,
16 registered residential interior designer, any interested
17 party, or any person injured thereby may, in addition to the
18 Director, petition for relief as provided in subsection (a)
19 of this Section.
20 (c) Whenever in the opinion of the Department any person
21 or entity violates any provision of this Act, the Department
22 may issue a rule to show cause why an order to cease and
23 desist should not be entered against him or her. The rule
24 shall clearly set forth the grounds relied upon by the
25 Department and shall provide a period of 7 days from the date
26 of the rule to file an answer to the satisfaction of the
27 Department. Failure to answer to the satisfaction of the
28 Department shall cause an order to cease and desist to be
29 issued immediately.
30 Section 95. Investigations; notice and hearing. The
31 Department may investigate the actions of any applicant or of
32 any person or entity holding or claiming to hold a license or
33 certificate of registration. Before the initiation of an
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1 investigation, the matter shall be reviewed by a subcommittee
2 of the Board according to procedures established by rule for
3 the Complaint Committee. The Department shall, before
4 refusing to restore, issue or renew a license or certificate
5 of registration, or discipline a licensee or registrant, at
6 least 30 days prior to the date set for the hearing, notify
7 in writing the applicant for, or holder of, a license or
8 certificate of registration of the nature of the charges and
9 that a hearing will be held on the date designated, and
10 direct the applicant or entity or licensee or registrant to
11 file a written answer to the Board under oath within 20 days
12 after service of the notice, and inform the applicant or
13 entity or licensee or registrant that failure to file an
14 answer will result in default being taken against the
15 applicant, entity, licensee or registrant and that the
16 license or certificate may be suspended, revoked, placed on
17 probationary status, or that other disciplinary action may be
18 taken, including limiting the scope, nature or extent of
19 practice, as the Director may deem proper. Written notice
20 may be served by personal delivery or certified or registered
21 mail to the respondent at the address of his or her last
22 notification to the Department. If the person or entity
23 fails to file an answer after receiving notice, his or her
24 license or certificate may, in the discretion of the
25 Department, be suspended, revoked, or placed on probationary
26 status, or the Department may take whatever disciplinary
27 action it deems proper, including limiting the scope, nature,
28 or extent of the person's practice or the imposition of a
29 fine, without a hearing, if the act or acts charged
30 constitute sufficient grounds for such action under this Act.
31 At the time and place fixed in the notice, the Board shall
32 proceed to hear the charges and the parties or their counsel
33 shall be accorded ample opportunity to present such
34 statements, testimony, evidence and argument as may be
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1 pertinent to the charges or their defense. The Board may
2 continue the hearing from time to time.
3 Section 100. Stenographer; transcript. The Department,
4 at its expense, shall preserve a record of all proceedings at
5 the formal hearing of any case involving the refusal to
6 restore, issue or renew a license or certificate of
7 registration, or the discipline of a licensee or registrant.
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 and the orders of the Department shall be the record of
12 the proceedings. The Department shall furnish a transcript
13 of the record to any person interested in the hearing upon
14 payment of the fee required by Section 60f of the Civil
15 Administrative Code of Illinois.
16 Section 105. Subpoenas of witnesses; oaths. The
17 Department has the power to subpoena and bring before it any
18 person in this State and to take testimony either orally or
19 by deposition, or both, with the same fees and mileage and in
20 the same manner as prescribed by law in judicial proceedings
21 in civil cases in circuit courts of this State.
22 The Director, and every member of the Board each have
23 power to administer oaths to witnesses at any hearing that
24 the Department is authorized by law to conduct, and any other
25 oaths required or authorized in any Act administered by the
26 Department.
27 Section 110. Procedure to compel attendance of
28 witnesses. Any circuit court, upon the application of the
29 accused person or complainant or of the Department, may, by
30 order duly entered, require the attendance of witnesses and
31 the production of relevant books and papers before the
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1 Department in any hearing relative to the application for or
2 refusal, recall, suspension or revocation of the license or
3 certificate of registration, or other discipline of a
4 licensee or registrant, and the court may compel obedience to
5 its order through proceedings for contempt.
6 Section 115. Report of Board; rehearing. After the
7 hearing, the Board shall present to the Director a written
8 report of findings and recommendations. A copy of such
9 report shall be served upon the accused person, either
10 personally or by registered or certified mail as provided in
11 this Act for the service of notice. Within 20 days after
12 service, the accused person may present to the Department his
13 or her motion in writing for a rehearing which shall specify
14 the particular grounds for rehearing. If the accused person
15 orders and pays for a transcript of the record as provided in
16 this Section, the time elapsing before the transcript is
17 ready for delivery to him or her shall not be counted as part
18 of that 20-day period.
19 Whenever the Director is not satisfied that substantial
20 justice has been done, he or she may order a rehearing by the
21 same or another special board. At the expiration of the time
22 specified for filing a motion for a rehearing the Director
23 has the right to take the action recommended by the Board.
24 Section 120. Hearing officer. Notwithstanding the
25 provisions of Section 115 of this Act, the Director has the
26 authority to appoint any attorney duly licensed to practice
27 law in the State of Illinois to serve as the hearing officer
28 in any action under Section 95. The Director shall notify
29 the Board of any such appointment. The hearing officer has
30 full authority to conduct the hearing. The Board has the
31 right to have at least one member present at any hearing
32 conducted by such hearing officer. The hearing officer shall
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1 report his or her findings of fact, conclusions of law and
2 recommendations to the Board and the Director. The Board has
3 60 days from receipt of the report to review the report of
4 the hearing officer and present its findings of fact,
5 conclusions of law and recommendations to the Director. If
6 the Board fails to present its report within the 60 day
7 period, the Director shall issue an order based on the report
8 of the hearing officer. If the Director disagrees in any
9 regard with the report of the Board or hearing officer, he or
10 she may issue an order in contravention thereof. The
11 Director shall provide a written explanation to the Board on
12 any such deviation, and shall specify with particularity the
13 reasons for such action in his or her order.
14 Section 125. Order as prima facie proof. An order of
15 revocation or suspension or a certified copy thereof, over
16 the seal of the Department and purporting to be signed by the
17 Director, shall be prima facie proof that:
18 (1) the signature is the genuine signature of the
19 Director
20 (2) the Director is duly appointed and qualified;
21 (3) the Board and its members are qualified to act.
22 This proof is rebuttable.
23 Section 130. Issuance or restoration of license or
24 certificate of registration. At any time after the refusal
25 to issue, or after the suspension or revocation of any
26 license or certificate of registration, the Department may
27 issue or restore it to the applicant without examination,
28 upon the written recommendation of the Board.
29 Section 135. Surrender of license or certificate of
30 registration. Upon the revocation or suspension of any
31 license or certificate of registration, the licensee or
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1 registrant shall immediately surrender the license or
2 certificate to the Department and if the licensee or
3 registrant fails to do so, the Department has the right to
4 seize the license or certificate.
5 Section 140. Temporary suspension of a license or
6 certificate of registration. The Director may temporarily
7 suspend the license of a commercial interior designer without
8 a hearing, simultaneously with the institution of proceedings
9 for a hearing under this Act, if the Director finds that
10 evidence in his or her possession indicates that the person's
11 continuation to practice would constitute an imminent danger
12 to the public. If the Director temporarily suspends the
13 license of a commercial interior designer without a
14 presuspension hearing, the Board must hold a hearing within
15 30 days after the suspension has occurred.
16 The Director may temporarily suspend the certificate of
17 registration of a residential interior designer without a
18 hearing simultaneous to the institution of proceedings for a
19 hearing under this Act if the Director finds the evidence in
20 his or her possession indicates that the person's
21 continuation of use of the title "residential interior
22 designer" would constitute an immediate danger to the public.
23 In the event that the Director temporarily suspends the
24 certificate of registration without a presuspension hearing,
25 a hearing by the Board must be held within 30 days after such
26 suspension has occurred and concluded without appreciable
27 delay.
28 Section 145. Review under Administrative Review law;
29 venue. All final administrative decisions of the Department
30 under this Act are subject to judicial review pursuant to the
31 provisions of the Administrative Review Law, as now or
32 hereafter amended, and its rules. The term "administrative
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1 decision" is defined as in Section 3-101 of the Code of Civil
2 Procedure.
3 Such proceedings for judicial review shall be commenced
4 in the circuit court of the county in which the party
5 applying for review resides, but if such party is not a
6 resident of this State, the venue shall be Sangamon County.
7 Section 150. Certifying record to court; costs. The
8 Department shall not be required to certify any record to the
9 court or file any answer in court or otherwise appear in any
10 court in a judicial review proceeding, unless there is filed
11 in the court with the complaint a receipt from the Department
12 acknowledging payment of the costs of furnishing and
13 certifying the record. Failure on the part of the plaintiff
14 to file the receipt in court shall be grounds for dismissal
15 of the action.
16 Section 155. Violations; offenses; civil penalties.
17 (a) Each of the following acts constitutes a Class A
18 misdemeanor for a first offense and a Class 4 felony for a
19 second or subsequent offense:
20 (1) The practice, attempt to practice or offer to
21 practice commercial interior design, or the advertising
22 or putting out of any sign or card or other device which
23 might indicate to the public that the person is entitled
24 to practice commercial interior design, without having a
25 license as a licensed commercial interior designer or
26 registration as a professional design firm issued by the
27 Department. Each day of practicing commercial interior
28 design or attempting to practice commercial interior
29 design, and each instance of offering to practice
30 commercial interior design, without a license as a
31 licensed commercial interior designer or registration as
32 a professional design firm, constitutes a separate
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1 offense.
2 (2) The making of any wilfully false oath or
3 affirmation in any matter or proceeding where an oath or
4 affirmation is required by this Act.
5 (3) The affixing of a licensed commercial interior
6 designer's seal to any interior construction documents
7 which have not been prepared by that interior designer or
8 under the interior designer's direct supervision and
9 control.
10 (4) The use by a person or entity of the title
11 "residential interior designer" in this State without a
12 certificate of registration issued by the Department
13 under this Act or with a suspended, inactive or revoked
14 certificate.
15 (5) The violation of any provision of this Act or
16 its rules.
17 (6) Using or attempting to use an expired,
18 inactive, suspended, or revoked license, certificate of
19 registration or seal of another, or impersonating another
20 licensee or registrant.
21 (6) Obtaining or attempting to obtain a license or
22 certificate of registration by fraud.
23 (b) If any person, sole proprietorship, professional
24 service corporation, limited liability company, corporation
25 or partnership, or other entity practices commercial interior
26 design or advertises or displays any sign or card or other
27 device that might indicate to the public that the person or
28 entity is entitled to practice as a commercial interior
29 designer unless the person or other entity holds an active
30 license as a commercial interior designer or registration as
31 a professional design firm in this State, then, in addition
32 to any other penalty provided by law, that entity shall
33 forfeit and pay to the Design Professionals Administration
34 and Investigation Fund a civil penalty in an amount
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1 determined by the Department, but not to exceed $5,000 for
2 each offense.
3 Section 160. Administrative Procedure Act; application.
4 The Illinois Administrative Procedure Act is hereby expressly
5 adopted and incorporated in this Act as if all of the
6 provisions of that Act were included in this Act, except that
7 the provisions of subsection (d) of Section 10-65 of the
8 Illinois Administrative Procedure Act that provides that at
9 hearings the licensee or registrant has the right to show
10 compliance with all lawful requirements for retention,
11 continuation or renewal of the license or certificate of
12 registration is specifically excluded. For the purposes of
13 this Act, the notice required under Section 10-25 of the
14 Illinois Administrative Procedure Act is deemed sufficient
15 when mailed to the last known address of a party.
16 Section 165. Fund; appropriations; investments; audits.
17 Moneys deposited into the Design Professionals Administration
18 and Investigation Fund shall be appropriated to the
19 Department for expenses of the Department and the Board in
20 the administration of this Act, the Illinois Architecture
21 Practice Act of 1989, the Illinois Professional Land Surveyor
22 Act of 1989, the Professional Engineering Practice Act of
23 1989, and the Structural Engineering Licensing Act of 1989.
24 The expenses of the Department under this Act shall be
25 limited to the ordinary and contingent expenses of the Design
26 Professionals Dedicated Employees within the Department as
27 established under Section 62.1 of the Civil Administrative
28 Code of Illinois and other expenses related to the
29 administration and enforcement of this Act.
30 Section 170. Home rule preemption. It is declared to be
31 the public policy of this State, pursuant to paragraph (h) of
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1 Section 6 of Article VII of the Illinois Constitution of
2 1970, that any power or function set forth in this Act to be
3 exercised by the State is an exclusive State power or
4 function. Such power or function shall not be exercised
5 concurrently, either directly or indirectly, by any unit of
6 local government, including home rule units, except as
7 otherwise provided in this Act. This Section is a limitation
8 of home rule powers.
9 Section 900. The Regulatory Sunset Act is amended by
10 changing Sections 4.12 and 4.20 as follows:
11 (5 ILCS 80/4.12) (from Ch. 127, par. 1904.12)
12 Sec. 4.12. The following Acts are repealed December 31,
13 2001:
14 The Professional Boxing and Wrestling Act.
15 The Interior Design Profession Title Act.
16 The Detection of Deception Examiners Act.
17 The Water Well and Pump Installation Contractor's License
18 Act.
19 (Source: P.A. 86-1404; 86-1475; 87-703.)
20 (5 ILCS 80/4.20 new)
21 Sec. 4.20. Act repealed January 1, 2010. The following
22 Act is repealed on January 1, 2010:
23 The Commercial Interior Design Practice and Residential
24 Interior Design Title Act.
25 (225 ILCS 310/Act rep.)
26 Section 950. The Interior Design Profession Title Act is
27 repealed.
28 Section 999. Effective date. This Act takes effect upon
29 becoming law.