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91_SB0736 LRB9101070ACdv 1 AN ACT relating to home inspection. 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 Home Inspectors Licensing Act. 6 Section 5. Legislative purpose. The General Assembly 7 finds that the practice of home inspection in the State of 8 Illinois affects the public health, safety, and welfare and 9 its regulation and control is in the public interest. It is 10 further declared that the practice of home inspection plays 11 an important part in the attainment and maintenance of health 12 and that it is in the public's best interest that persons who 13 present themselves as providers of these services meet 14 specific requirements and qualifications. This Act shall be 15 liberally construed to best carry out these objectives and 16 purposes. 17 Section 10. Definitions. As used in this Act: 18 "Board" means the Home Inspectors Licensing Board. 19 "Department" means the Department of Professional 20 Regulation. 21 "Director" means the Director of Professional Regulation. 22 "Home inspection" means an inspection and written 23 evaluation of one or more of the following components of a 24 residential building: heating system, cooling system, 25 plumbing system, electrical system, structural components, 26 foundation, roof, masonry structure, exterior and interior 27 components, or any other related residential housing 28 component as determined by the board by rule. 29 "Home inspector" means an individual who engages in the 30 business of performing home inspections for compensation. -2- LRB9101070ACdv 1 "Residential building" means any dwelling, from one to 4 2 units in design, intended principally for residential 3 purposes by one or more individuals. 4 Section 15. License required. 5 (a) No individual may practice home inspection, as 6 defined in this Act, or hold himself or herself out as a home 7 inspector without applying for and obtaining a license in 8 accordance with this Act. 9 (b) This Act does not prohibit a person licensed in this 10 State under any other Act from providing the services for 11 which he or she is licensed or the practice of home 12 inspection by any person who is employed as a code 13 enforcement official by the State or any of its bureaus, 14 divisions, or agencies when acting within the scope of that 15 government employment. 16 Section 20. Unlicensed practice; violation; civil 17 penalty. 18 (a) In addition to any other penalty provided by law, a 19 person who violates subsection (a) of Section 15 shall pay a 20 civil penalty to the Department in an amount not to exceed 21 $5,000 for each offense as determined by the Department. The 22 civil penalty shall be assessed by the Department after a 23 hearing is held in accordance with the provisions set forth 24 in this Act regarding the provision of a hearing for the 25 discipline of a licensee. 26 (b) The Department has the authority and power to 27 investigate any and all unlicensed activity. 28 (c) The civil penalty shall be paid within 60 days after 29 the effective date of the order imposing the civil penalty. 30 The order shall constitute a judgment and may be filed and 31 execution had thereon in the same manner as any judgment from 32 any court record. -3- LRB9101070ACdv 1 Section 25. Powers and duties of the Department. 2 (a) The Department shall exercise the powers and duties 3 prescribed by the Civil Administrative Code of Illinois for 4 the administration of licensing Acts and shall exercise other 5 powers and duties necessary for effectuating the purposes of 6 this Act. 7 (b) The Department may promulgate rules consistent with 8 the provisions of this Act for its administration and 9 enforcement, and may prescribe forms that shall be issued in 10 connection with this Act. The Department shall consult with 11 the Board in promulgating rules. Notice of proposed 12 rulemaking shall be transmitted to the Board and the 13 Department shall review the Board's response and any 14 recommendations made therein. The Department shall notify 15 the Board in writing with proper explanation of deviations 16 from the Board's recommendations and responses. 17 (c) The Department may at any time seek the advice and 18 the expert knowledge of the Board on any matter relating to 19 the administration of this Act. 20 (d) The Department shall issue quarterly a report to the 21 Board of the status of all complaints related to the 22 profession filed with the Department. 23 Section 30. Home Inspectors Licensing Board. The 24 Director shall appoint a Home Inspectors Licensing Board as 25 follows: 7 individuals who shall be appointed by and shall 26 serve in an advisory capacity to the Director. Of these 7 27 individuals, 6 members must be licensed under this Act and 28 currently engaged in the practice of home inspection in the 29 State of Illinois and must have been doing so for a minimum 30 of 3 years, and 1 member must be a member of the public who 31 is not licensed under this Act, or a similar Act of another 32 jurisdiction. 33 Members shall serve 4 year terms and until their -4- LRB9101070ACdv 1 successors are appointed and qualified, except the terms of 2 the initial appointments. The initial appointments shall be 3 served as follows: 2 members shall be appointed to serve for 4 2 years, 2 shall be appointed to serve for 3 years, and the 5 remaining members shall be appointed to serve for 4 years and 6 until their successors are appointed and qualified. No 7 member shall be reappointed to the Board for a term that 8 would cause his or her continuous service on the Board to be 9 longer than 8 years. Appointments to fill vacancies shall be 10 made in the same manner as original appointments, for the 11 unexpired portion of the vacated term. Initial terms shall 12 begin upon the effective date of this Act and Board members 13 in office on that date shall be appointed to specific terms 14 as indicated in this Section. 15 The membership of the Board shall reasonably represent 16 all the geographic areas in this State. Any time there is a 17 vacancy on the Board, any professional association composed 18 of persons licensed under this Act may recommend licensees to 19 fill the vacancy to the Board. Members of the Board shall 20 have no liability in any action based upon any disciplinary 21 proceeding or other activity performed in good faith as 22 members of the Board. 23 The Director shall have the authority to remove any 24 member of the Board from office for neglect of any duty 25 required by law or for incompetency or unprofessional or 26 dishonorable conduct. 27 The Director shall consider the recommendation of the 28 Board on questions of standards of professional conduct, 29 discipline, and qualifications of candidates or licensees 30 under this Act. 31 Section 35. Applications. 32 (a) Applications for original licensure shall be made to 33 the Department in writing on forms prescribed by the -5- LRB9101070ACdv 1 Department and shall be accompanied by the appropriate 2 documentation and the required fee, which shall not be 3 returnable. 4 (b) Every application shall require the information that 5 in the judgment of the Department will enable the Department 6 to pass on the qualifications of the applicant for a license. 7 (c) Every application for an original, renewal, or 8 restored license under this Act shall include the applicant's 9 social security number. 10 Section 40. Examinations. The Department shall 11 authorize examinations of applicants as home inspectors at 12 the time and places that it may determine. The examination of 13 applicants shall be of a character to give a fair test of the 14 qualifications of the applicant to practice home inspection. 15 The Department or its designated testing service shall 16 provide initial screening to determine eligibility of 17 applicants for examination. 18 Applicants for examination as home inspectors shall be 19 required to pay, either to the Department or the designated 20 testing service, a fee covering the cost of providing the 21 examination. Failure to appear for the examination on the 22 scheduled date, at the time and place specified, after the 23 applicant's application for examination has been received and 24 acknowledged by the Department or the designated testing 25 service, shall result in the forfeiture of the examination 26 fee. 27 If an applicant neglects, fails, or refuses to take an 28 examination or fails to pass an examination for a license 29 under this Act within 3 years after filing an application, 30 the application shall be denied. However, the applicant may 31 thereafter make a new application accompanied by the required 32 fee and meet the requirements for licensure in force at the 33 time of making the new application. -6- LRB9101070ACdv 1 The Department may employ consultants for the purpose of 2 preparing and conducting examinations. 3 Section 45. Home inspector; qualifications. A person 4 shall be qualified for licensure as a home inspector if that 5 person: 6 (a) has applied in writing in form and substance 7 acceptable to the Department; 8 (b) has successfully completed the examination 9 authorized by the Department, which may be or may include an 10 examination given by the American Society of Home Inspectors 11 (ASHI); and 12 (c) has performed not less than 50 home inspections in 13 the presence of a licensed home inspector or has practiced 14 home inspection for at least 1 year prior to January 1, 2000 15 and have completed 50 home inspections for compensation. 16 Section 60. Expiration; restoration; renewal. The 17 expiration date and renewal period for each license issued 18 under this Act shall be set by the Department by rule. 19 Renewal shall be conditioned on paying the required fee and 20 meeting other requirements as may be established by rule. 21 A licensee who has permitted his or her license to 22 expire or who has had his or her license on inactive 23 status may have the license restored by making 24 application to the Department, by filing proof acceptable to 25 the Department of his or her fitness to have the license 26 restored, and by paying the required fees. Proof of fitness 27 may include sworn evidence certifying to active lawful 28 practice in another jurisdiction. 29 If the licensee has not maintained an active practice 30 in another jurisdiction satisfactory to the Department, 31 the Department shall determine, by an evaluation program 32 established by rule, his or her fitness for restoration -7- LRB9101070ACdv 1 of the license and shall establish procedures and 2 requirements for restoration. However, a licensee whose 3 license expired while he or she was (1) in federal service 4 on active duty with the Armed Forces of the United States 5 or the State Militia called into service or training or 6 (2) in training or education under the supervision of the 7 United States before induction into the military service, 8 may have the license restored without paying any lapsed 9 renewal fees if within 2 years after honorable 10 termination of the service, training, or education he 11 or she furnishes the Department with satisfactory evidence 12 to the effect that he or she has been so engaged and 13 that his or her service, training, or education has been so 14 terminated. 15 Section 65. Inactive status. A licensee who notified 16 the Department in writing on forms prescribed by the 17 Department may elect to place his or her license on an 18 inactive status and shall, subject to rules of the 19 Department, be excused from payment of renewal fees until he 20 or she notifies the Department in writing of his or her 21 intention to restore the license. A licensee requesting 22 restoration from inactive status shall pay the current 23 renewal fee and shall restore his or her license in 24 accordance with Section 60 of this Act. A licensee whose 25 license is on inactive status shall not practice as a home 26 inspector in this State. A licensee who engages in practice 27 as a home inspector while his or her license is lapsed or on 28 inactive status shall be considered to be practicing without 29 a license, which shall be grounds for discipline under 30 Section 75 of this Act. 31 Section 70. Fees; returned checks. 32 (a) The Department shall set by rule fees for the -8- LRB9101070ACdv 1 administration of this Act, including but not limited to fees 2 for initial and renewal licensure and restoration of a 3 license. 4 (b) A person who delivers a check or other payment 5 to the Department that is returned to the Department 6 unpaid by the financial institution upon which it 7 is drawn shall pay to the Department, in addition to the 8 amount already owed to the Department, a fine of $50. If 9 the check or other payment was for a renewal or issuance 10 fee and that person practices without paying the renewal 11 fee or issuance fee and the fine due, an additional fine of 12 $100 shall be imposed. The fines imposed by this 13 Section are in addition to any other discipline provided 14 under this Act for unlicensed practice or practice on a 15 nonrenewed license. The Department shall notify the person 16 that fees and fines shall be paid to the Department by 17 certified check or money order within 30 calendar days 18 of the notification. If, after the expiration of 30 days 19 from the date of the notification, the person has failed to 20 submit the necessary remittance, the Department shall 21 automatically terminate the license or deny the application 22 without a hearing. If the person seeks a license after 23 termination or denial, he or she shall apply to the 24 Department for restoration or issuance of the license and pay 25 all fees and fines due to the Department. The Department may 26 establish a fee for the processing of an application for 27 restoration of a license to defray the expenses of processing 28 the application. The Director may waive the fines due under 29 this Section in individual cases if the Director finds that 30 the fines would be unreasonable or unnecessarily burdensome. 31 (c) All of the fees and fines collected under this Act 32 shall be deposited in the General Professions Dedicated Fund. 33 All monies in the fund shall be used by the Department, as 34 appropriated, for the ordinary and contingent expenses of the -9- LRB9101070ACdv 1 Department. 2 Section 75. Grounds for disciplinary action. 3 (a) The Department may refuse to issue, renew, or 4 restore a license, may revoke or suspend a license, or may 5 place on probation, censure, reprimand, or take other 6 disciplinary action with regard to a person licensed under 7 this Act, including but not limited to the imposition of 8 fines not to exceed $5,000 for each violation, for any one or 9 combination of the following causes: 10 (1) Making a material misstatement in furnishing 11 information to the Department. 12 (2) Violating a provision of this Act or its rules. 13 (3) Conviction under the laws of a United States 14 jurisdiction of a crime that is a felony or a 15 misdemeanor, an essential element of which is dishonesty, 16 or of a crime that is directly related to the practice as 17 a home inspector. 18 (4) Making a misrepresentation for the purpose of 19 obtaining, renewing, or restoring a license. 20 (5) Wilfully aiding or assisting another person in 21 violating a provision of this Act or its rules. 22 (6) Failing to provide information within 60 days 23 in response to a written request made by the Department. 24 (7) Engaging in dishonorable, unethical, or 25 unprofessional conduct of a character likely to deceive, 26 defraud, or harm the public, as defined by rule of the 27 Department. 28 (8) Discipline by another United States 29 jurisdiction or foreign nation, if at least one of the 30 grounds for discipline is the same or substantially 31 equivalent to those set forth in this Section. 32 (9) Directly or indirectly giving to or receiving 33 from a person, firm, corporation, partnership, or -10- LRB9101070ACdv 1 association a fee, commission, rebate, or other form of 2 compensation for professional services not actually or 3 personally rendered. 4 (10) A finding by the Board that the licensee, 5 after having his or her license placed on probationary 6 status, has violated the terms of probation. 7 (11) Wilfully making or filing false records or 8 reports in his or her practice, including but not limited 9 to false records or reports filed with State agencies. 10 (12) Wilfully making or signing a false statement, 11 certificate, or affidavit to induce payment. 12 (13) Employment of fraud, deception, or any 13 unlawful means in applying for or securing a license as a 14 home inspector. 15 (14) Allowing another person to use his or her 16 license to practice. 17 (15) Failure to report to the Department (A) any 18 adverse final action taken against the licensee by 19 another licensing jurisdiction, government agency, law 20 enforcement agency, or any court or (B) liability for 21 conduct that would constitute grounds for action as set 22 forth in this Section. 23 (16) Habitual intoxication or addiction to the use 24 of drugs. 25 (17) Physical illness, including but not limited to 26 deterioration through the aging process or loss of motor 27 skills, that results in the inability to practice the 28 profession of home inspection with reasonable judgment, 29 skill, or safety. 30 (b) The Department may refuse to issue or may suspend 31 the license of a person who fails to file a return, to pay 32 the tax, penalty, or interest shown in a filed return, or to 33 pay a final assessment of the tax, penalty, or interest as 34 required by a tax Act administered by the Department of -11- LRB9101070ACdv 1 Revenue, until the requirements of the tax Act are satisfied. 2 Section 80. Cease and desist order. 3 (a) If a person violates a provision of this Act, the 4 Director, in the name of the People of the State of Illinois 5 through the Attorney General of the State of Illinois, or the 6 State's Attorney of a county in which the violation occurs, 7 may petition for an order enjoining the violation or for an 8 order enforcing compliance with this Act. Upon the filing of 9 a verified petition in court, the court may issue a temporary 10 restraining order without notice or bond and may 11 preliminarily and permanently enjoin the violation. If it is 12 established that the licensee has violated or is violating 13 the injunction, the court may punish the offender for 14 contempt of court. Proceedings under this Section shall be 15 in addition to, and not in lieu of, all other remedies and 16 penalties provided by this Act. 17 (b) If a person practices as a home inspector or holds 18 himself or herself out as a home inspector without being 19 licensed under this Act, then any licensee under this Act, 20 interested party, or person injured thereby, in addition to 21 the Director or State's Attorney, may petition for relief as 22 provided in subsection (a) of this Section. 23 (c) If the Department determines that a person violated 24 a provision of this Act, the Department may issue a rule to 25 show cause why an order to cease and desist should not be 26 entered against him or her. The rule shall clearly set forth 27 the grounds relied upon by the Department and shall provide a 28 period of 7 days from the date of the rule to file an answer 29 to the satisfaction of the Department. Failure to answer to 30 the satisfaction of the Department shall cause an order to 31 cease and desist to be issued immediately. 32 Section 85. Investigation; notice; hearing. Licenses -12- LRB9101070ACdv 1 may be refused, revoked, suspended, or otherwise disciplined 2 in the manner provided by this Act and not otherwise. The 3 Department may upon its own motion and shall upon the 4 verified complaint in writing of any person setting forth 5 facts that if proven would constitute grounds for refusal to 6 issue or for suspension or revocation under this Act, 7 investigate the actions of a person applying for, holding, or 8 claiming to hold a license. The Department shall, before 9 refusing to issue or renew, suspending, or revoking a license 10 or taking other discipline pursuant to Section 75 of this 11 Act, and at least 30 days prior to the date set for the 12 hearing, notify in writing the applicant or licensee of any 13 charges made, shall afford the applicant or licensee an 14 opportunity to be heard in person or by counsel in reference 15 to the charges, and direct the applicant or licensee to file 16 a written answer to the Department under oath within 20 days 17 after the service of the notice and inform the applicant or 18 licensee that failure to file an answer will result in 19 default being taken against the applicant or licensee and 20 that the license may be suspended, revoked, placed on 21 probationary status, or other disciplinary action may be 22 taken, including limiting the scope, nature, or extent of 23 practice, as the Director may deem proper. Written notice 24 may be served by personal delivery to the applicant or 25 licensee or by mailing the notice by certified mail to his or 26 her last known place of residence or to the place of business 27 last specified by the applicant or licensee in his or her 28 last notification to the Department. If the person fails to 29 file an answer after receiving notice, his or her license 30 may, in the discretion of the Department, be suspended, 31 revoked, or placed on probationary status or the Department 32 may take whatever disciplinary action deemed proper, 33 including limiting the scope, nature, or extent of the 34 person's practice or the imposition of a fine, without a -13- LRB9101070ACdv 1 hearing, if the act or acts charged constitute sufficient 2 grounds for such action under this Act. At the time and 3 place fixed in the notice, the Department shall proceed to a 4 hearing of the charges and both the applicant or licensee and 5 the complainant shall be afforded ample opportunity to 6 present, in person or by counsel, any statements, testimony, 7 evidence, and arguments that may be pertinent to the charges 8 or to their defense. The Department may continue a hearing 9 from time to time. If the Board is not sitting at the time 10 and place fixed in the notice or at the time and place to 11 which the hearing shall have been continued, the Department 12 may continue the hearing for a period not to exceed 30 days. 13 Section 90. Record of proceedings. The Department, at its 14 expense, shall preserve a record of all proceedings at a 15 formal hearing conducted pursuant to Section 85 of this Act. 16 The notice of hearing, complaint, and all other documents in 17 the nature of pleadings and written motions filed in the 18 proceedings, the transcript of testimony, the report of the 19 Board or hearing officer, and orders of the Department shall 20 be the record of the proceeding. The Department shall supply 21 a transcript of the record to a person interested in the 22 hearing on payment of the fee required under Section 60f of 23 the Civil Administrative Code of Illinois. 24 Section 95. Order for production of documents. A circuit 25 court may, upon application of the Department or its 26 designee, or of the applicant or licensee against whom 27 proceedings pursuant to Section 85 of this Act are pending, 28 enter an order requiring the attendance of witnesses and 29 their testimony and the production of documents, papers, 30 files, books, and records in connection with a hearing or 31 investigation authorized by this Act. The court may compel 32 obedience to its order through contempt proceedings. -14- LRB9101070ACdv 1 Section 100. Subpoena power. The Department has the power 2 to subpoena and bring before it any person in this State and 3 to take testimony orally or by deposition, with the same fees 4 and mileage and in the same manner as prescribed by law in 5 judicial proceedings in civil cases in circuit courts of this 6 State. The Director and any Board member designated by the 7 Director shall each have the authority to administer, at any 8 hearing that the Department is authorized to conduct under 9 this Act, oaths to witnesses and any other oaths authorized 10 to be administered by the Department under this Act. 11 Section 105. Board report. At the conclusion of the 12 hearing, the Board shall present to the Director a written 13 report of its findings of fact, conclusions of law, and 14 recommendations. In the report, the Board shall make a 15 finding of whether or not the charged licensee or applicant 16 violated a provision of this Act or its rules and shall 17 specify the nature of the violation. In making its 18 recommendations for discipline, the Board may take into 19 consideration all facts and circumstances bearing upon the 20 reasonableness of the conduct of the respondent and the 21 potential for future harm to the public, including but not 22 limited to previous discipline of that respondent by the 23 Department, intent, degree of harm to the public and 24 likelihood of harm in the future, any restitution made, and 25 whether the incident or incidents complained of appear to be 26 isolated or a pattern of conduct. In making its 27 recommendations for discipline, the Board shall seek to 28 ensure that the severity of the discipline recommended bears 29 some reasonable relationship to the severity of the 30 violation. 31 Section 110. Motion for rehearing. In a case involving 32 the refusal to issue or renew a license or the discipline of -15- LRB9101070ACdv 1 a licensee, a copy of the Board's report shall be served upon 2 the respondent by the Department, either personally or as 3 provided under Section 85 of this Act for the service of the 4 notice of hearing. Within 20 days after the service, the 5 respondent may present to the Department a motion in writing 6 for a rehearing, which shall specify the particular grounds 7 for a rehearing. If no motion for rehearing is filed, then 8 upon the expiration of the time specified for filing the 9 motion, or if a motion for rehearing is denied, then upon the 10 denial the Director may enter an order in accordance 11 with recommendations of the Board, except as provided in 12 Section 115 or 120 of this Act. If the respondent orders 13 a transcript of the record from the reporting service and 14 pays for the transcript within the time for filing a motion 15 for rehearing, the 20-day period within which such a motion 16 may be filed shall commence upon the delivery of the 17 transcript to the respondent. 18 Section 115. Order of Director. 19 (a) The Director shall issue an order concerning the 20 disposition of the charges (i) following the expiration of 21 the filing period granted under Section 110 of this Act if no 22 motion for rehearing is filed or (ii) following a denial of a 23 timely motion for rehearing. 24 (b) The Director's order shall be based on the 25 recommendations contained in the Board's report unless, after 26 giving due consideration to the Board's report, the Director 27 disagrees in any regard with the report of the Board, in 28 which case he or she may issue an order in contravention of 29 the report. The Director shall provide a written report to 30 the Board on any deviation from the Board's report and shall 31 specify with particularity the reasons for his or her 32 deviation in the final order. The Board's report and 33 Director's order are not admissible in evidence against the -16- LRB9101070ACdv 1 person in a criminal prosecution brought for a violation of 2 this Act, but the hearing, report, and order are not a bar to 3 a criminal prosecution brought for the violation of this Act. 4 Section 120. Hearing officer. Notwithstanding the 5 provisions of Section 85 of this Act, the Director shall have 6 the authority to appoint an attorney licensed to practice law 7 in this State to serve as the hearing officer in a hearing 8 authorized under Section 85 of this Act. The Director shall 9 notify the Board of an appointment. The hearing officer 10 shall have full authority to conduct the hearing. The Board 11 has the right to have at least one member present at a 12 hearing conducted by a hearing officer appointed under this 13 Section. The hearing officer shall report his or her 14 findings of fact, conclusions of law, and recommendations to 15 the Board and the Director. The Board shall have 60 days from 16 receipt of the report to review the report of the hearing 17 officer and to present its findings of fact, conclusions of 18 law, and recommendations to the Director. If the Board fails 19 to present its report within the 60-day period, the Director 20 shall issue an order based on the report of the hearing 21 officer. If the Director disagrees in any regard with the 22 report of the Board or hearing officer, he or she may issue 23 an order in contravention of the report. The Director shall 24 provide a written explanation to the Board on a deviation 25 from the Board's report and shall specify with particularity 26 the reasons for his or her deviation in the final order. 27 Section 125. Rehearing on order of Director. Whenever the 28 Director is not satisfied that substantial justice has been 29 achieved in the discipline of a licensee, the Director may 30 order a rehearing by the same or another hearing officer or 31 by the Board. -17- LRB9101070ACdv 1 Section 130. Order; prima facie proof. An order or a 2 certified copy of an order, over the seal of the Department 3 and purporting to be signed by the Director, shall be prima 4 facie proof that: 5 (1) the signature is the genuine signature of the 6 Director; 7 (2) the Director is duly appointed and qualified; 8 and 9 (3) the Board and its members are qualified to act. 10 Section 135. Restoration of license. At any time after 11 the suspension or revocation of a license, the Department may 12 restore it to the licensee unless, after an investigation and 13 a hearing, the Department determines that restoration is not 14 in the public interest. Where circumstances of suspension or 15 revocation so indicate, or on the recommendation of the 16 Board, the Department may require an examination of the 17 licensee before restoring his or her license. 18 Section 140. Surrender of license. Upon the revocation or 19 suspension of a license, the licensee shall immediately 20 surrender the license to the Department. If the licensee 21 fails to do so, the Department shall have the right to seize 22 the license. 23 Section 145. Temporary suspension. The Director may 24 temporarily suspend the license of a home inspector without a 25 hearing, simultaneously with the institution of proceedings 26 for a hearing provided for in Section 85 of this Act, if the 27 Director finds that evidence in his or her possession 28 indicates that continuation in practice would constitute an 29 imminent danger to the public. If the Director temporarily 30 suspends a license without a hearing, a hearing by the 31 Department shall be held within 30 days after the suspension -18- LRB9101070ACdv 1 has occurred and shall be concluded without appreciable 2 delay. 3 Section 150. Certificate of record. The Department shall 4 not be required to certify any record to a Court or file an 5 answer in court or otherwise appear in a court in a judicial 6 review proceeding unless there is filed in the court, with 7 the complaint, a receipt from the Department acknowledging 8 payment of the costs of furnishing and certifying the record. 9 Failure on the part of the plaintiff to file a receipt in 10 court shall be grounds for dismissal of the action. 11 Section 155. Administrative Review Law. All final 12 administrative decisions of the Department are subject to 13 judicial review under the Administrative Review Law and its 14 rules. The term "administrative decision" is defined as in 15 Section 3-101 of the Code of Civil Procedure. Proceedings for 16 judicial review shall be commenced in the circuit court of 17 the county in which the party seeking review resides. If the 18 party seeking review is not a resident of this State, venue 19 shall be in Sangamon County. 20 Section 160. Criminal penalties. A person who is found 21 to have knowingly violated Section 15 of this Act is guilty 22 of a Class A misdemeanor for a first offense and is guilty of 23 a Class 4 felony for a second or subsequent offense. 24 Section 165. Home rule powers. The regulation and 25 licensing of home inspectors are exclusive powers and 26 functions of the State. A home rule unit shall not regulate 27 or license home inspectors. This Section is a limitation 28 under subsection (h) of Section 6 of Article VII of the 29 Illinois Constitution. -19- LRB9101070ACdv 1 Section 900. The Regulatory Sunset Act is amended by 2 adding Section 4.20 as follows: 3 (5 ILCS 80/4.20 new) 4 Sec. 4.20. Act repealed on January 1, 2010. The 5 following Act is repealed on January 1, 2010: 6 The Home Inspectors Licensing Act. 7 Section 999. Effective date. This Act takes effect 8 January 1, 2000.
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