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91_SB1248sam001
LRB9107205ACmgam01
1 AMENDMENT TO SENATE BILL 1248
2 AMENDMENT NO. ____. Amend Senate Bill 1248 by replacing
3 the title with the following:
4 "AN ACT creating the Fire Equipment Distributor and
5 Employee Regulation Act of 2000."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section. 1. Short title. This Act may be cited as the
9 Fire Equipment Distributor and Employee Regulation Act of
10 2000.
11 Section 5. Definitions. As used in this Act:
12 (a) "Employee" means a licensee or a person who is
13 currently employed by a distributor licensed under this Act
14 whose full or part-time duties include servicing, recharging,
15 hydro-testing, installing, maintaining, or inspecting all
16 types of fire extinguishing devices or systems, other than
17 water sprinkler systems.
18 (b) "Board" means the Fire Equipment Distributor and
19 Employee Advisory Board.
20 (c) "Person" means a natural person or any company,
21 corporation, or other business entity.
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1 (d) "Fire equipment distributor" means any person,
2 company or corporation that services, recharges, hydro-tests,
3 inspects, installs, maintains, alters, repairs, replaces, or
4 services fire extinguishing devices or systems, other than
5 water sprinkler systems, for customers, clients, or other
6 third parties. "Fire equipment distributor" does not include
7 a person, company, or corporation employing 2,000 or more
8 employees within the State of Illinois that engages in these
9 activities incidental to its own business.
10 (e) "Public member" means a person who is not a licensee
11 or a relative of a licensee, or who is not an employer or
12 employee of a licensee. The term "relative" shall be
13 determined by rules of the State Fire Marshal.
14 (f) "Residency" means an actual domicile in Illinois for
15 a period of not less than one year.
16 (g) "Inspection" means a determination that a fire
17 extinguisher is available in its designated place and has not
18 been actuated or tampered with. "Inspection" does not include
19 the inspection that may be performed by the building owner,
20 tenant, or insurance representative.
21 (h) "Maintenance" means a determination that an
22 extinguisher will operate effectively and safely. It
23 includes a thorough examination and any necessary repair or
24 replacement. It also includes checking the date of
25 manufacture or last hydrostatic test to see if internal
26 inspection of the cylinder or hydrostatic testing is
27 necessary, and checking for cuts, bulges, dents, abrasions,
28 corrosion, condition of paint, shell hanger attachment,
29 maintenance of nameplate, weight of contents, pressure gauge,
30 valve, removal of pull pin, discharge nozzle, hose assembly,
31 and operating instructions.
32 Section 10. License requirement; injunction. No person
33 shall act as a fire equipment distributor or employee, or
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1 advertise or assume to act as such, or use any title implying
2 that such person is engaged in such practice or occupation
3 unless licensed by the State Fire Marshal.
4 No firm, association, or corporation shall act as an
5 agency licensed under this Act, or advertise or assume to act
6 as such, or use any title implying that the firm,
7 association, or corporation is engaged in such practice,
8 unless licensed by the State Fire Marshal.
9 The State Fire Marshal, in the name of the People and
10 through the Attorney General, the State's Attorney of any
11 county, any resident of the State, or any legal entity within
12 the State may apply for injunctive relief in any court to
13 enjoin any person who has not been issued a license or whose
14 license has been suspended, revoked, or not renewed from
15 practicing a licensed activity, and upon the filing of a
16 verified petition, the court, if satisfied by affidavit or
17 otherwise, that such person is or has been practicing in
18 violation of this Act may enter a temporary restraining order
19 or preliminary injunction, without bond, enjoining the
20 defendant from such further activity. A copy of the verified
21 complaint shall be served upon the defendant and the
22 proceedings shall thereafter be conducted as in other civil
23 cases. If it is established that the defendant has been or
24 is practicing in violation of this Act, the court may enter a
25 judgment perpetually enjoining the defendant from such
26 further activity. In case of violation of any injunctive
27 order or judgment entered under the provisions of this
28 Section, the court may summarily try and punish the offender
29 for contempt of court. Such injunctive proceeding shall be
30 in addition to all penalties and other remedies in this Act.
31 The State Fire Marshal may refuse to issue a license to,
32 or may suspend the license of, any person who fails to file a
33 return, to pay the tax, penalty, or interest shown in a filed
34 return, or to pay any final assessment of tax, penalty, or
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1 interest, as required by any tax Act administered by the
2 Illinois Department of Revenue, until such time as the
3 requirements of any such tax Act are satisfied.
4 Section 15. Exemptions.
5 (a) This Act shall not apply to an officer or employee
6 of this State or the fire department or fire protection
7 district of any political subdivision of this State while
8 such officer or employee is engaged in the performance of his
9 official duties within the course and scope of his employment
10 with this State, or any political subdivision. However, any
11 such person who offers his services as a private fire
12 equipment distributor or employee, or any title where similar
13 services are performed for compensation, fee, or other
14 valuable consideration, whether received directly or
15 indirectly, shall be subject to this Act and its licensing
16 requirements.
17 (b) Any person who engages in hydrostatic testing of
18 fire equipment but does not service, recharge, install,
19 maintain, or inspect such equipment shall not be required to
20 be licensed under this Act.
21 Section 20. Deposit of fees. All fees collected pursuant
22 to this Act shall be deposited into the Fire Prevention Fund.
23 Section 25. Fire Equipment Distributor and Employee
24 Advisory Board. There is created the Fire Equipment
25 Distributor and Employee Advisory Board consisting of 9
26 members to be appointed by the State Fire Marshal as soon as
27 practicable after the effective date of this Act. Two of the
28 members shall possess at least a Class A Fire Distributor
29 License, 2 shall possess at least a Class B Fire Distributor
30 License, 2 shall possess at least a Class C Fire Distributor
31 License, 2 shall be representatives of the active fire
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1 prevention services who are not licensed under this Act, and
2 one shall be a public member who is not licensed under this
3 Act or a similar Act of another jurisdiction and who has no
4 connection with any business licensed under this Act. The
5 State Fire Marshal shall be an ex officio member of the
6 Board. Each member shall be a resident of Illinois. Each
7 appointment to the Board shall have a minimum of 5 years
8 experience as a licensee in the field in which the person is
9 licensed, be an officer in a licensed fire equipment
10 distributor company, and be actively engaged in the fire
11 equipment business. In making Board appointments, the State
12 Fire Marshal shall give consideration to the recommendations
13 by members of the profession and by organizations therein.
14 The membership shall reasonably reflect representation from
15 geographic areas in this State.
16 Each Board member shall serve for a term of 4 years and
17 until his or her successor is appointed and qualified.
18 However, in making initial appointments, one member shall be
19 appointed to serve for one year, 2 shall be appointed to
20 serve for 2 years, 2 shall be appointed to serve for 3 years,
21 and the remaining members, one of whom shall be the public
22 member, shall be appointed to serve for 4 years. Appointments
23 to fill vacancies shall be made in the same manner as
24 original appointments for the unexpired portion of the
25 vacated term. Initial terms shall begin upon the effective
26 date of this Act.
27 A member of the Board may be removed from office for just
28 cause. A member subject to formal disciplinary proceedings
29 shall disqualify himself or herself from Board business until
30 the charge is resolved. A member also shall disqualify
31 himself or herself from any matter on which the member may
32 not objectively make a decision.
33 Board members shall receive no compensation but shall be
34 reimbursed for expenses incurred in connection with their
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1 duties as board members.
2 A majority of Board members then appointed shall
3 constitute a quorum. A majority vote of the quorum is
4 required for a Board decision.
5 The Board shall elect from its membership a chairman and
6 other officers as it may deem necessary.
7 Board members shall not be liable for any of their acts,
8 omissions, decisions, or any other conduct in connection with
9 their duties on the Board, except those involving willful,
10 wanton, or intentional misconduct.
11 The Board may have such powers as may be granted by the
12 State Fire Marshal to carry out the provisions of this Act.
13 Section 30. Rules; report.
14 (a) The State Fire Marshal shall promulgate rules
15 consistent with the provisions of this Act for the
16 administration and enforcement thereof, and may prescribe
17 forms that shall be issued in connection therewith. The
18 rules shall include standards and criteria for registration,
19 professional conduct, and discipline. The State Fire Marshal
20 shall consult with the Board in promulgating all rules under
21 this Act.
22 (b) The Board shall propose to the State Fire Marshal
23 additions or modifications to administrative rules whenever a
24 majority of the members believes the rules are deficient for
25 the proper administration of this Act.
26 (c) The State Fire Marshal may solicit the advice and
27 expert knowledge of the Board on any matter relating to the
28 administration and enforcement of this Act.
29 (d) In the promulgation of rules relating to fire
30 equipment distributors and employees, the State Fire Marshal
31 shall be guided by the national fire safety standards and
32 codes and fire equipment and facility standards and code,
33 including but not limited to those promulgated by the
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1 National Fire Protection Association and the National
2 Association of Fire Equipment Distributors.
3 (e) In the promulgation of rules relating to the
4 maintenance and operation of hydrostatic testing equipment
5 and tools for all fire equipment distributors and employees,
6 the State Fire Marshal shall be guided by the requirements of
7 the United States Department of Transportation as set forth
8 in Section 173.34(e)(1) of Title 49 of Code of Federal
9 Regulations.
10 (f) The State Fire Marshal shall by rule establish
11 procedures for an applicant for any class fire equipment
12 employee license to work for a licensed fire equipment
13 distributor for training.
14 (g) The rules promulgated by the Office of the State Fire
15 Marshal pursuant to the Fire Equipment Distributor and
16 Employee Regulation Act shall remain in effect until such
17 time as the Office of the State Fire Marshal promulgates
18 rules under this Act.
19 (h) The State Fire Marshal shall issue to the Board
20 prior to each Board meeting, but not less than quarterly, a
21 report of the status of all convictions related to the
22 profession received by the State Fire Marshal.
23 Section 35. Personnel. The State Fire Marshal may employ,
24 in conformity with the Personnel Code, such professional,
25 technical, investigative, or clerical help, on either a full
26 or part-time basis, as may be necessary for the enforcement
27 of this Act. Each investigator shall have a minimum of 2
28 years investigative experience out of the preceding 5 years.
29 An investigator may not hold an active license issued
30 pursuant to this Act or have any fiduciary interest in any
31 business licensed under this Act. This prohibition does not,
32 however, prohibit an investigator from holding stock in a
33 publicly-traded business licensed or regulated under this
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1 Act, provided that the investigator does not hold more than
2 5% of the stock in the business.
3 Section 40. Qualifications for licensure; fees.
4 (a) No person shall engage in practice as a fire
5 equipment distributor or fire equipment employee without
6 first applying for and obtaining a license for that purpose
7 from the Office of the State Fire Marshal.
8 (b) To qualify for a Class A Fire Equipment Distributor
9 License to service, recharge, hydro-test, install, maintain,
10 or inspect all types of fire extinguishers, an applicant must
11 provide all of the following:
12 (1) An annual license fee of $100.
13 (2) Evidence of registration as an Illinois
14 corporation or evidence of compliance with the Assumed
15 Business Name Act.
16 (3) Evidence of financial responsibility in a
17 minimum amount of $300,000 through liability insurance,
18 self-insurance, group insurance, group self-insurance, or
19 risk retention groups.
20 (c) To qualify for a Class B Fire Equipment Distributor
21 License to service, recharge, hydro-test, install, maintain,
22 or inspect all types of pre-engineered fire extinguishing
23 systems, an applicant must provide all of the following:
24 (1) An annual license fee of $200.
25 (2) Evidence of registration as an Illinois
26 corporation or evidence of compliance with the Assumed
27 Business Name Act.
28 (3) Evidence of financial responsibility in a
29 minimum amount of $300,000 through liability insurance,
30 self-insurance, group insurance, group self-insurance, or
31 risk retention groups.
32 (4) Evidence of owning, leasing, renting, or having
33 access to proper testing equipment that is in compliance
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1 with the national standards adopted by the State Fire
2 Marshal for the maintenance and operation of testing
3 tools for use with all Class B fire equipment.
4 (d) To qualify for a Class C Fire Equipment Distributor
5 License to service, repair, hydro-test, inspect, and engineer
6 all types of engineered fire suppression systems, an
7 applicant must provide all of the following:
8 (1) An annual license fee of $300.
9 (2) Evidence of registration as an Illinois
10 corporation or evidence of compliance with the Assumed
11 Business Name Act.
12 (3) Evidence of financial responsibility in a
13 minimum amount of $300,000 through liability insurance,
14 self-insurance, group insurance, group self-insurance, or
15 risk retention groups.
16 (4) Evidence of owning, leasing, renting, or having
17 access to proper testing equipment that is in compliance
18 with the national standards adopted by the State Fire
19 Marshal for the maintenance and operation of testing
20 tools for use with all Class C fire equipment.
21 (e) To qualify for a Class 1 Fire Equipment Employee
22 License to service, recharge, hydro-test, install, maintain,
23 or inspect all types of fire extinguishers, an applicant must
24 complete all of the following:
25 (1) Pass the examination.
26 (2) Pay an annual license fee of $20.
27 (3) Provide a current photograph at least 1" x 1"
28 in size.
29 (f) To qualify for a Class 2 Fire Equipment Employee
30 License to service, recharge, hydro-test, install, maintain,
31 or inspect all types of pre-engineered fire extinguishing
32 systems, an applicant must complete all of the following:
33 (1) Pass the examination.
34 (2) Pay an annual license fee of $20.
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1 (3) Provide a current photograph at least 1" x 1"
2 in size.
3 (g) To qualify for a Class 3 Fire Equipment Employee
4 License to service, recharge, hydro-test, maintain, inspect,
5 or engineer all types of engineered fire extinguishing
6 systems, an applicant must complete all of the following:
7 (1) Pass the examination.
8 (2) Pay an annual license fee of $20.
9 (3) Provide a current photograph at least 1" x 1"
10 in size.
11 Section 45. Applications. Each application for a license
12 to practice under this Act shall be in writing and signed by
13 the applicant on forms provided by the State Fire Marshal.
14 Section 50. Examinations.
15 (a) Applicants for licensure shall be examined as
16 provided herein if they are qualified to be examined pursuant
17 to this Act. All applicants who are admitted to the
18 examination shall be evaluated upon the same standards as
19 others being examined for the respective license.
20 (b) Examination for licensure shall be at such times and
21 places as the State Fire Marshal may determine, but shall be
22 given at least quarterly.
23 (c) Examinations shall test the minimum amount of
24 knowledge and skill needed to perform the duties set forth in
25 the definition of the license and be in the interest of
26 protection of the public. The State Fire Marshal may
27 contract with a testing service for the preparation and
28 conduct of such examination.
29 (d) If an applicant neglects, fails, or refuses to take
30 an examination under this Act within one year after filing
31 his or her application, the fee paid by the applicant shall
32 be forfeited. However, the applicant may thereafter make a
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1 new application for examination, accompanied by the required
2 fee.
3 Section 55. Licensure without examination. The State Fire
4 Marshal shall promulgate rules for licensure without
5 examination and may license under this Act without
6 examination, on payment of the required fee, an applicant who
7 is registered under the laws of another state or territory or
8 of another country, if the requirements for registration in
9 the jurisdiction in which the applicant was licensed were, at
10 the date of his registration, substantially equal to the
11 requirements then in force in this State and that State,
12 territory, or country has similar rules for licensure.
13 Section 60. Issuance of license; renewal.
14 (a) The State Fire Marshal shall, upon the applicant's
15 satisfactory completion of the requirements authorized under
16 this Act and upon receipt of the requisite fees, issue the
17 appropriate license and wallet card showing the name and
18 business location of the licensee, the dates of issuance and
19 expiration, and shall contain a photograph of the licensee
20 provided to the State Fire Marshal.
21 (b) Upon application within 90 days after the effective
22 date of this Act, the Office of the State Fire Marshal shall
23 issue a license under this Act without examination to persons
24 holding a valid license under the Fire Equipment Distributor
25 and Employee Regulation Act on December 30, 1999.
26 (c) Each licensee may apply for renewal of his license
27 upon payment of fees, as set forth in this Act. The
28 expiration date and renewal period for each license issued
29 under this Act shall be set by rule. Failure to renew within
30 60 days of the expiration date shall lapse the license. A
31 lapsed license may not be reinstated until a written
32 application is filed, the renewal fee is paid, and a $50
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1 reinstatement fee is paid. Renewal and reinstatement fees
2 shall be waived for persons who did not renew while on active
3 duty in the military and who file for renewal or restoration
4 within one year after discharge from such service. A lapsed
5 license may not be reinstated after 5 years have elapsed,
6 except upon passing an examination to determine fitness to
7 have the license restored and by paying the required fees.
8 (d) As a condition of renewal of a license, the State
9 Fire Marshal may require the licensee to report information
10 pertaining to his practice which the State Fire Marshal
11 determines to be in the interest of public safety.
12 (e) All fees paid pursuant to this Act are
13 non-refundable.
14 Section 65. Returned checks. Any person who on 2
15 occasions issues or delivers a check or other order to the
16 State Fire Marshal that is not honored by the financial
17 institution upon which it is drawn because of insufficient
18 funds on account shall pay to the State Fire Marshal, in
19 addition to the amount owing upon the check or other order, a
20 fee of $50. If the check or other order was issued or
21 delivered in payment of a renewal fee and the licensee whose
22 license has lapsed continues to practice without paying the
23 renewal fee and the $50 fee required under this Section, an
24 additional fee of $100 shall be imposed for practicing
25 without a current license. The State Fire Marshal shall
26 notify the licensee whose license has lapsed, within 30 days
27 after the discovery by the State Fire Marshal that the
28 licensee is practicing without a current license, that the
29 individual, person, or distributor is acting as a fire
30 equipment distributor or employee, as the case may be,
31 without a license, and the amount due to the State Fire
32 Marshal, which shall include the lapsed renewal fee and all
33 other fees required by this Section. If after the expiration
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1 of 30 days from the date of such notification, the licensee
2 whose license has lapsed seeks a current license, he shall
3 thereafter apply to the State Fire Marshal for reinstatement
4 of the license and pay all fees due to the State Fire
5 Marshal. The State Fire Marshal may establish a fee for the
6 processing of an application for reinstatement of a license
7 that allows the State Fire Marshal to pay all costs and
8 expenses incident to the processing of this application. The
9 State Fire Marshal may waive the fees due under this Section
10 in individual cases where he finds that the fees would be
11 unreasonable or unnecessarily burdensome.
12 Section 70. Change of address; display of license;
13 duplicate license or certificate.
14 (a) A licensee shall report a change in home or office
15 address within 10 days of when it occurs.
16 (b) Each licensee shall prominently display his license
17 to practice at each place from which the practice is being
18 performed. If more than one location is used, branch office
19 certificates shall be issued upon payment of the fees to be
20 established by the State Fire Marshal. Each fire equipment
21 employee shall carry on his person a wallet card issued by
22 the State Fire Marshal.
23 (c) If a license or certificate is lost, a duplicate
24 shall be issued upon payment of the required fee to be
25 established by the State Fire Marshal. If a licensee wishes
26 to change his name, the State Fire Marshal shall issue a
27 license in the new name upon satisfactory proof that such
28 change was done in accordance with law and upon payment of
29 the required fee.
30 (d) Each licensee shall permit his facilities to be
31 inspected by representatives of the State Fire Marshal.
32 Section 75. Grounds for disciplinary sanctions. Licensees
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1 subject to this Act shall conduct their practice in
2 accordance with this Act and with any rules promulgated
3 pursuant hereto. Licensees shall be subject to the exercise
4 of the disciplinary sanctions enumerated in Section 90 if the
5 State Fire Marshal finds that a licensee is guilty of any of
6 the following:
7 (1) fraud or material deception in obtaining or renewing
8 of a license;
9 (2) professional incompetence as manifested by poor
10 standards of service;
11 (3) engaging in dishonorable, unethical, or
12 unprofessional conduct of a character likely to deceive,
13 defraud, or harm the public in the course of professional
14 services or activities;
15 (4) conviction of any crime by a licensee which has a
16 substantial relationship to his practice or an essential
17 element of which is misstatement, fraud, or dishonesty, or
18 conviction in this or another state of any crime that is a
19 felony under the laws of Illinois or conviction of a felony
20 in a federal court, unless the person demonstrates that he or
21 she has been sufficiently rehabilitated to warrant the public
22 trust;
23 (5) performing any services in a grossly negligent
24 manner or permitting any of his or her licensed employees to
25 perform services in a grossly negligent manner, regardless of
26 whether actual damage or damages to the public is
27 established;
28 (6) habitual drunkenness or habitual addiction to the
29 use of morphine, cocaine, controlled substances, or other
30 habit-forming drugs;
31 (7) directly or indirectly willfully receiving
32 compensation for any professional services not actually
33 rendered;
34 (8) having disciplinary action taken against his or her
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1 license in another state;
2 (9) making differential treatment against any person to
3 his detriment because of race, color, creed, sex, religion,
4 or national origin;
5 (10) engaging in unprofessional conduct;
6 (11) engaging in false or misleading advertising;
7 (12) contracting or assisting unlicensed persons to
8 perform services for which a license is required under this
9 Act;
10 (13) permitting the use of his or her license to enable
11 any unlicensed person or agency to operate as a licensee;
12 (14) performing and charging for services without having
13 authorization to do so from the member of the public being
14 served;
15 (15) failure to comply with any provision of this Act or
16 the rules promulgated pursuant thereto;
17 (16) conducting business regulated by this Act without a
18 currently valid license.
19 Section 80. Complaints. All complaints concerning
20 violations regarding licensees or unlicensed activity shall
21 be received and logged by the State Fire Marshal and reported
22 to the Board.
23 Section 85. Formal charges.
24 (a) Following the investigative process, the State Fire
25 Marshal may file formal charges against the licensee. The
26 formal charges shall, at a minimum, inform the licensee of
27 the facts that make up the basis of the charge and that are
28 specific enough to enable the licensee to defend himself.
29 (b) Each licensee whose conduct is the subject of a
30 formal charge that seeks to impose disciplinary action
31 against the licensee shall be served notice of said formal
32 charge at least 30 days before the date of the hearing, which
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1 shall be presided over by a hearing officer authorized by the
2 State Fire Marshal. Service shall be considered to have been
3 given if the notice was personally received by the licensee
4 or if the notice was sent by certified mail, return receipt
5 requested to the licensee at the licensee's last known
6 address, as listed with the State Fire Marshal.
7 (c) The notice of formal charges shall consist at a
8 minimum of the following information:
9 (1) the time, place, and date of the hearing;
10 (2) that the licensee shall appear personally at
11 the hearing and may be represented by counsel;
12 (3) that the licensee shall have the right to
13 produce witnesses and evidence in his behalf and shall
14 have the right to cross-examine witnesses and refute
15 evidence produced against him or her;
16 (4) that the hearing could result in disciplinary
17 action being taken against his or her license;
18 (5) that rules for the conduct of these hearings
19 exist and it may be in the licensee's best interest to
20 obtain a copy;
21 (6) that a hearing officer authorized by the State
22 Fire Marshal shall preside at the hearing and following
23 the conclusion of said hearing shall make findings of
24 fact, conclusions of law, and recommendations, separately
25 stated, to the State Fire Marshal as to what disciplinary
26 action, if any, should be imposed on the licensee; and
27 (7) that the State Fire Marshal may continue such
28 hearing.
29 (d) The hearing officer authorized by the State Fire
30 Marshal shall hear evidence produced in support of the formal
31 charges and contrary evidence produced by the licensee, if
32 any. At the conclusion of the hearing, the hearing officer
33 shall make findings of fact, conclusions of law, and
34 recommendations, separately stated, and submit them to the
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1 State Fire Marshal and to all parties to the proceeding.
2 Submission to the licensee shall be considered as having been
3 made if done in a similar fashion as service of the notice of
4 formal charges. Within 20 days after such service, any party
5 to the proceeding may present to the State Fire Marshal a
6 motion, in writing, for a rehearing which written motion
7 shall specify the particular grounds therefor.
8 (e) The State Fire Marshal, following the time allowed
9 for filing a motion for rehearing, shall review the hearing
10 officer's findings of fact, conclusions of law, and
11 recommendations, and any motions filed subsequent thereto.
12 After review of such information the State Fire Marshal may
13 hear oral arguments and thereafter shall issue an order. The
14 report of findings of fact, conclusions of law, and
15 recommendations of the hearing officer shall be the basis for
16 the State Fire Marshal's order. If the State Fire Marshal
17 finds that substantial justice was not done, he may issue an
18 order in contravention of the findings of fact, conclusions
19 of law, and recommendations of the hearing officer. The
20 State Fire Marshal shall provide the Board with written
21 explanation of any such deviation, and shall specify with
22 particularity the reasons for said action. The finding is
23 not admissible in evidence against the person in criminal
24 prosecution brought for the violation of this Act.
25 (f) All proceedings pursuant to this Section are matters
26 of public record and shall be preserved.
27 Section 90. Disciplinary sanctions; hearings.
28 (a) The State Fire Marshal shall impose any of the
29 following sanctions, singly or in combination, when he or she
30 finds that a licensee is guilty of any offense described in
31 Subsection (a) of Section 75:
32 (1) revocation;
33 (2) suspension for any period of time;
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1 (3) reprimand or censure;
2 (4) placement on probationary status and the
3 requirement of the submission of any of the following:
4 (i) report regularly to the Board or State
5 Fire Marshal upon matters that are the basis of the
6 probation;
7 (ii) continuation or renewal of professional
8 education until a satisfactory degree of skill has
9 been attained in those areas that are the basis of
10 the probation; or
11 (iii) such other reasonable requirements or
12 restrictions as are proper.
13 (5) refusal to issue, renew or restore;
14 (6) revocation of probation that has been granted
15 and imposition of any other discipline in this subsection
16 (a) when the requirements of probation have not been
17 fulfilled or have been violated.
18 (b) The State Fire Marshal may summarily suspend a
19 license under this Act, without a hearing, simultaneously
20 with the filing of a formal complaint and notice for a
21 hearing provided under this Section if the State Fire Marshal
22 finds that the continued operations of the individual would
23 constitute an immediate danger to the public. In the event
24 the State Fire Marshal suspends a license under this
25 subsection, a hearing by the hearing officer designated by
26 the State Fire Marshal shall begin within 20 days after such
27 suspension begins, unless continued at the request of the
28 licensee.
29 (c) Disposition may be made of any formal complaint by
30 consent order between the State Fire Marshal and the
31 licensee, but the Board must be apprised of the full consent
32 order in a timely way.
33 (d) The State Fire Marshal shall reinstate any license
34 to good standing under this Act, upon recommendation to the
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1 State Fire Marshal, after a hearing before the hearing
2 officer authorized by the State Fire Marshal. The State Fire
3 Marshal shall be satisfied that the applicant's renewed
4 practice is not contrary to the public interest.
5 (e) The State Fire Marshal may order a licensee to
6 submit to a reasonable physical examination if his physical
7 capacity to practice safely is at issue in a disciplinary
8 proceeding. Failure to comply with a State Fire Marshal order
9 to submit to a physical examination shall render a licensee
10 liable to the summary suspension procedures described in this
11 Section.
12 (f) The State Fire Marshal may conduct hearings and
13 issue cease and desist orders to persons who engage in
14 activities prohibited by this Act without having a valid
15 license, certificate, or registration. Any person in
16 violation of a cease and desist order entered by the State
17 Fire Marshal shall be subject to all of the remedies provided
18 by law, and in addition, shall be subject to a civil penalty
19 payable to the party injured by the violation.
20 (g) The State Fire Marshal shall seek to achieve
21 consistency in the application of the foregoing sanctions and
22 consent orders and significant departure from prior decisions
23 involving similar conduct shall be explained in the State
24 Fire Marshal's orders.
25 Section 95. Witnesses; record of proceedings.
26 (a) The State Fire Marshal has the power to subpoena and
27 bring before it any person in this State and to take
28 testimony either orally or by deposition, or both, with the
29 same fees and mileage and in the same manner as is prescribed
30 by law for judicial proceedings in civil cases. The State
31 Fire Marshal and the hearing officer approved by the State
32 Fire Marshal have the power to administer oaths at any
33 hearing which the State Fire Marshal is authorized to
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1 conduct.
2 (b) Any circuit court, upon the application of the
3 licensee or the State Fire Marshal, may order the attendance
4 of witnesses and the production of relevant books and papers
5 in any hearing pursuant to this Act. The court may compel
6 obedience to its order by proceedings for contempt.
7 (c) The State Fire Marshal, at its expense, shall
8 provide a stenographer or a mechanical recording device to
9 record the testimony and preserve a record of all proceedings
10 at the hearing of any case wherein a license may be revoked,
11 suspended, placed on probationary status, or other
12 disciplinary action taken with regard thereto. The notice of
13 hearing, complaint and all other documents in the nature of
14 pleadings and written motions filed in the proceedings, the
15 transcript of testimony, the report of the hearing officer,
16 and the orders of the State Fire Marshal constitute the
17 record of such proceedings. The State Fire Marshal shall
18 furnish a transcript of the record to any interested person
19 upon payment of the costs of copying and transmitting the
20 record.
21 Section 100. Judicial review. All final administrative
22 decisions of the State Fire Marshal are subject to judicial
23 review pursuant to the provisions of the Administrative
24 Review Law and the rules adopted pursuant thereto. Such
25 proceedings for judicial review shall be commenced in the
26 Circuit Court of the county in which the party applying for
27 review resides. If the party applying for review is not a
28 resident of Illinois, the venue shall be in Sangamon County.
29 The State Fire Marshal shall not be required to certify any
30 record to the court or file any answer in court or otherwise
31 appear in any court in a judicial review proceeding, unless
32 there is filed in the court with the complaint a receipt from
33 the State Fire Marshal acknowledging payment of the costs of
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1 furnishing and certifying the record which costs shall be
2 computed at the cost of preparing such record. Exhibits
3 shall be certified without cost. Failure on the part of the
4 licensee to file the receipt in court shall be grounds for
5 dismissal of the action. During all judicial proceedings
6 incident to the disciplinary action, the sanctions imposed
7 upon the accused by the State Fire Marshal shall remain in
8 effect, unless the court feels justice requires a stay of the
9 Order.
10 Section 105. Order; prima facie proof. An order of
11 revocation, suspension, placing the license on probationary
12 status or other formal disciplinary action as the State Fire
13 Marshal may deem proper, or a certified copy thereof, over
14 the seal of the State Fire Marshal and purporting to be
15 signed by the State Fire Marshal, is prima facie proof that:
16 (1) the signature is that of the State Fire Marshal;
17 (2) the State Fire Marshal is qualified to act; and
18 (3) the hearing officer is qualified to act on behalf of
19 the State Fire Marshal.
20 Such proof may be rebutted.
21 Section 110. Surrender of license. Upon the suspension or
22 revocation of a license issued under this Act, a licensee
23 shall surrender the license to the State Fire Marshal and,
24 upon failure to do so, the State Fire Marshal shall seize the
25 same.
26 Section 115. Publication of records. The State Fire
27 Marshal shall, upon request, publish a list of the names and
28 addresses of all licensees under the provisions of this Act.
29 The State Fire Marshal shall publish a list of all persons
30 whose licenses have been disciplined within one year, and a
31 quarterly list of each individual who was denied employment
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1 status because of a criminal history, together with such
2 other information as it may deem of interest to the public.
3 Section 120. Criminal penalties.
4 (a) Any person who violates any of the following
5 provisions shall be guilty of a Class A misdemeanor for the
6 first offense:
7 (1) the practice of or attempted practice as a fire
8 equipment distributor or employee without a license;
9 (2) the obtaining of or the attempting to obtain a
10 license, practice, or business or any other thing of
11 value by fraudulent representation;
12 (3) permitting, directing, or authorizing any
13 person in one's employ or under one's direction or
14 supervision to work or serve as a licensee if that
15 individual does not possess an appropriate valid license.
16 (b) Whenever any person is punished as a repeat offender
17 under this Section, the State Fire Marshal may proceed to
18 obtain a permanent injunction against the person under
19 Section 10.
20 (c) If any person in making an oath or affidavit
21 required by this Act swears falsely, that person is guilty of
22 perjury and upon conviction thereof, may be punished
23 accordingly.
24 (d) A person who violates any Section of this Act other
25 than this Section shall be guilty of a Class A misdemeanor
26 for the first offense.
27 A second or subsequent offense in violation of any
28 Section of this Act, including this Section, is a Class 4
29 felony.
30 Section 950. The Regulatory Sunset Act is amended by
31 adding Section 4.21 as follows:
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1 (5 ILCS 80/4.21 new)
2 Sec. 4.21. Act repealed on January 1, 2011. The
3 following Act is repealed on January 1, 2011:
4 The Fire Equipment Distributor and Employee Regulation
5 Act of 2000.
6 Section 999. Effective date. This Act takes effect upon
7 becoming law.".