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92_SB1089ham001 LRB9207967ACsbam 1 AMENDMENT TO SENATE BILL 1089 2 AMENDMENT NO. . Amend Senate Bill 1089, on page 1, 3 in line 18, by deleting "and Wrestling"; and 4 on page 1, below line 20, by inserting the following: 5 "Section 10. The Professional Boxing and Wrestling Act 6 is amended by changing the title of the Act and Sections 7 0.05, 1, 2, 5, 7, 8, 10, 11, 12, 13, 15, 16, 17.7, 17.8, 8 17.9, 18, 19, 19.1, 19.3, 19.4, 23, and 23.1 as follows: 9 (225 ILCS 105/Act title) 10 An Act in relation to professional boxingand wrestling,11creating a board, prescribing its powers and duties,12providing penalties for violation of the provisions thereof,13and to amend an Act herein named. 14 (225 ILCS 105/0.05) 15 Sec. 0.05. Declaration of public policy. Professional 16 boxingand wrestlingin the State of Illinois is hereby 17 declared to affect the public health, safety, and welfare and 18 to be subject to regulation and control in the public 19 interest. It is further declared to be a matter of public 20 interest and concern that boxingand wrestling, as defined in -2- LRB9207967ACsbam 1 this Act, merit and receive the confidence of the public and 2 that only qualified persons be authorized to participate in 3 boxing contestsand wrestling exhibitionsin the State of 4 Illinois. This Act shall be liberally construed to best carry 5 out these objects and purposes. 6 (Source: P.A. 91-408, eff. 1-1-00.) 7 (225 ILCS 105/1) (from Ch. 111, par. 5001) 8 Sec. 1. Short title and definitions. 9 (a) This Act may be cited as the Professional Boxingand10WrestlingAct. 11 (b) As used in this Act: 12 1. "Department" means the Department of 13 Professional Regulation. 14 2. "Director" means the Director of Professional 15 Regulation. 16 3. "Board" means the State Professional Boxingand17WrestlingBoard appointed by the Director. 18 4. "License" means the license issued for boxing 19 promoters, contestants, or officials in accordance with 20 this Act. 21 5. (Blank)."Registration" means the registration22issued to wrestling promoters in accordance with this23Act.24 6. "Boxing Contests" include professional boxing 25 matches and exhibitions. 26 7. (Blank)."Wrestling Exhibitions" include27professional wrestling contests, matches, events, and28shows.29 8. (Blank)."Athletic Events" include both30professional boxing contests and professional wrestling31exhibitions.32 9. "Permit" means the authorization from the 33 Department to a promoter to conduct professional boxing -3- LRB9207967ACsbam 1 contestsor professional wrestling exhibitions. 2 10. "Promoter" means a person who is licensedor3registeredand who holds a permit to conduct professional 4 boxing contestsmatches or professional wrestling5exhibitions. 6 11. Unless the context indicates otherwise, 7 "person" includes an association, partnership, 8 corporation, gymnasium, or club. 9 12. (Blank).For the purposes of this Act the term10"trainer" includes what is commonly referred to as11"second", "corner man", or "coach".12 13. "Ultimate fighting exhibition" has the meaning 13 given by rule adopted by the Department in accordance 14 with Section 7.5. 15 14. "Professional boxer" means a person licensed by 16 the Department who competes for a money prize, purse, or 17 other type of compensation in a boxing contest, 18 exhibition, or match held in Illinois. 19 15. "Judge" means a person licensed by the 20 Department who is at ringside during a boxing match and 21 who has the responsibility of scoring the performance of 22 the participants in the contest. 23 16. "Referee" means a person licensed by the 24 Department who has the general supervision of a boxing 25 contest and is present inside of the ring during the 26 contest. 27 17. "Amateur" means a person who has never received 28 or competed for any purse or other article of value, 29 either for participating in any boxing contest or for the 30 expenses of training therefor, other than a prize that 31 does not exceed $50 in value. 32 18. "Contestant" means an individual who 33 participates in a boxing contestor wrestling exhibition. 34 19. "Second" means a person licensed by the -4- LRB9207967ACsbam 1 Department who is present at any boxing contest to 2 provide assistance or advice to a boxer during the 3 contest. 4 20. "Matchmaker" means a person licensed by the 5 Department who brings together professional boxers or 6 procures matches or contests for professional boxers. 7 21. "Manager" means a person licensed by the 8 Department who is not a promoter and who, under contract, 9 agreement, or other arrangement with any boxer, 10 undertakes to, directly or indirectly, control or 11 administer the boxing affairs of boxers. 12 22. "Timekeeper" means a person licensed by the 13 Department who is the official timer of the length of 14 rounds and the intervals between the rounds. 15 23. "Purse" means the financial guarantee or any 16 other remuneration for which contestants are 17 participating in a boxing contest. 18 24. "Physician" means a person licensed to practice 19 medicine in all its branches under the Medical Practice 20 Act of 1987. 21 (Source: P.A. 91-408, eff. 1-1-00.) 22 (225 ILCS 105/2) (from Ch. 111, par. 5002) 23 Sec. 2. State Professional Boxingand WrestlingBoard. 24 There is created the State Professional Boxingand Wrestling25 Board consisting of 6 persons who shall be appointed by and 26 shall serve in an advisory capacity to the Director. One 27 shall be a physician licensed to practice medicine in all of 28 its branches. The Director shall appoint each member to serve 29 for a term of 3 years and until his or her successor is 30 appointed and qualified. One member of the board shall be 31 designated as the Chairperson and one member shall be 32 designated as the Vice-chairperson. No member shall be 33 appointed to the Board for a term which would cause -5- LRB9207967ACsbam 1 continuous service to be more than 9 years. Service prior to 2 January 1, 2000the effective date of this amendatory Act of3the 91st General Assemblyshall not be considered in 4 calculating length of service on the Board. Each member of 5 the board shall receive compensation for each day he or she 6 is engaged in transacting the business of the board and, in 7 addition, shall be reimbursed for his or her authorized and 8 approved expenses necessarily incurred in relation to such 9 service in accordance with the travel regulations applicable 10 to the Department at the time the expenses are incurred. 11 A majority of the current members appointed shall 12 constitute a quorum. 13 The members of the Board shall be immune from suit in any 14 action based upon any disciplinary proceedings or other acts 15 performed in good faith as members of the Board. 16 The Director may remove any member of the Board for 17 misconduct, incapacity, or neglect of duty. The Director 18 shall reduce to writing any causes for removal. 19 (Source: P.A. 91-408, eff. 1-1-00.) 20 (225 ILCS 105/5) (from Ch. 111, par. 5005) 21 Sec. 5. The Department shall exercise, but subject to 22 the provisions of this Act, the following functions, powers, 23 and duties: (a) to ascertain the qualifications and fitness 24 of applicants for licenses, registrationsand permits; (b) to 25 prescribe rules and regulations for the administration of the 26 Act; (c) to conduct hearings on proceedings to refuse to 27 issue, refuse to renew, revoke, suspend, or subject to 28 reprimand licenses, registrationsor permits under this Act;,29 and (d) to revoke, suspend, or refuse issuance or renewal of 30 such licenses, registrationsor permits. 31 (Source: P.A. 82-522.) 32 (225 ILCS 105/7) (from Ch. 111, par. 5007) -6- LRB9207967ACsbam 1 Sec. 7. In order to conduct a boxing contestmatch or2wrestling exhibitionin this State, a promoter shall obtain a 3 permit issued by the Department in accordance with this Act 4 and the rules and regulations adopted pursuant thereto. This 5 permit shall authorize one or more contests or exhibitions. 6 A permit issued under this Act is not transferable. 7 (Source: P.A. 82-522.) 8 (225 ILCS 105/8) (from Ch. 111, par. 5008) 9 Sec. 8. Permits. 10 (a) A promoter who desires to obtain a permit to conduct 11 a boxing contestan athletic eventshall apply to the 12 Department at least 20 days prior to the event, in writing, 13 on forms furnished by the Department. The application shall 14 be accompanied by the required fee and shall contain at least 15 the following information: 16 (1) the names and addresses of the promoter; 17 (2) the name of the matchmaker; 18 (3) the time and exact location of the boxing 19 contestathletic event; 20 (4) the seating capacity of the building where the 21 event is to be held; 22 (5) a copy of the lease or proof of ownership of 23 the building where the event is to be held; 24 (6) the admission charge or charges to be made; and 25 (7) proof of adequate security measures and 26 adequate medical supervision, as determined by Department 27 rule, to ensure the protection of the health and safety 28 of the general public while attending boxing contests 29athletic eventsand the contestants' safety while 30 participating in the events and any other information 31 that the Department may determine by rule in order to 32 issue a permit. 33 (b) After the initial application and within 10 days of -7- LRB9207967ACsbam 1 a scheduled event, a promoter shall submit to the Department 2 all of the following information: 3 (1) The amount of compensation to be paid to each 4 participant. 5 (2) The names of the contestants. 6 (3) Proof of insurance for not less than $10,000 for 7 each contestant participating in a boxing contest or 8 exhibition. 9 Insurance required under this subsection shall cover (i) 10 hospital, medication, physician, and other such expenses as 11 would accrue in the treatment of an injury as a result of the 12 boxing contest or exhibition and (ii) payment to the estate 13 of the contestant in the event of his or her death as a 14 result of his or her participation in the boxing contest or 15 exhibition. 16 (c) All boxing promoters shall provide to the 17 Department, at least 24 hours prior to commencement of the 18 event, the amount of the purse to be paid for the event. The 19 Department shall promulgate rules for payment of the purse. 20 (d) The boxing contest shall be held in an area where 21 adequate neurosurgical facilities are immediately available 22 for skilled emergency treatment of an injured boxer. It is 23 the responsibility of the promoter to ensure that the 24 building to be used for the event complies with all laws, 25 ordinances, and regulations in the city, town, or village 26 where the boxing contestathletic eventis to be held. The 27 Department may issue a permit to any promoter who meets the 28 requirements of this Act and the rules. The permit shall only 29 be issued for a specific date and location of a boxing 30 contestan athletic eventand shall not be transferable. In 31 an emergency, the Department may allow a promoter to amend a 32 permit application to hold a boxing contestan athletic event33 in a different location than the application specifies and 34 may allow the promoter to substitute contestants. -8- LRB9207967ACsbam 1 (e) The Department shall be responsible for assigning 2 the judge, timekeepers, referees, physician, and medical 3 personnel for a boxing contest. It shall be the 4 responsibility of the promoter to cover the cost of the 5 individuals utilized at a boxing contestan athletic event. 6 (Source: P.A. 91-408, eff. 1-1-00.) 7 (225 ILCS 105/10) (from Ch. 111, par. 5010) 8 Sec. 10. Who must be licensed. In order to participate 9 in boxing contests the following persons must each be 10 licensed and in good standing with the Department: (a) 11 promoters, (b) contestants, (c) seconds, (d) referees, (e) 12 judges, (f) managers, (g) matchmakers, and (h) timekeepers. 13 Announcers may participate in boxing contests without 14 being licensed under this Act. It shall be the 15 responsibility of the promoter to ensure that announcers 16 comply with the Act, and all rules and regulations 17 promulgated pursuant to this Act. 18 A licensed promoter may not act as, and cannot be 19 licensed as, a second, boxer, referee, timekeeper, judge, or 20 manager. If he or she is so licensed, he or she must 21 relinquish any of these licenses to the Department for 22 cancellation. A person possessing a valid promoter's license 23 may act as a matchmaker.A promoter may be licensed as a24matchmaker.25Persons involved with wrestling exhibitions shall supply26the Department with their name, address, telephone number,27and social security number and shall meet other requirements28as established by rule.29 (Source: P.A. 91-408, eff. 1-1-00.) 30 (225 ILCS 105/11) (from Ch. 111, par. 5011) 31 Sec. 11. Qualifications for license. The Department 32 shall grant licenses toor registerthe following persons if -9- LRB9207967ACsbam 1 the following qualifications are met: 2 (A) An applicant for licensure as a contestant in a 3 boxing contestmatchmust: (1) be 18 years old, (2) be of 4 good moral character, (3) file an application stating the 5 applicant's correct name (and no assumed or ring name may be 6 used unless such name is registered with the Department along 7 with the applicant's correct name), date and place of birth, 8 place of current residence, and a sworn statement that he is 9 not currently in violation of any federal, State or local 10 laws or rules governing boxing, (4) file a certificate of a 11 physician licensed to practice medicine in all of its 12 branches which attests that the applicant is physically fit 13 and qualified to participate in boxing contestsmatches, and 14 (5) pay the required fee and meet any other requirements. 15 Applicants over age 3539who have not competed in a contest 16 within the last 36 months may be required to appear before 17 the Board to determine their fitness to participate in a 18 contest. A picture identification card shall be issued to all 19 boxers licensed by the Department who are residents of 20 Illinois or who are residents of any jurisdiction, state, or 21 country that does not regulate professional boxing. The 22 identification card shall be presented to the Department or 23 its representative upon request at weigh-insor contests. 24 (B) An applicant for licensure as a boxing referee, 25 judge, manager, second, matchmaker, or timekeeper must: (1) 26 be of good moral character, (2) file an application stating 27 the applicant's name, date and place of birth, and place of 28 current residence along with a certifying statement that he 29 is not currently in violation of any federal, State, or local 30 laws or rules governing boxing, (3) have had satisfactory 31 experience in his field, (4) pay the required fee, and (5) 32 meet any other requirements as determined by rule. 33 (C) An applicant for licensure as a boxing promoter must: 34 (1) be of good moral character, (2) file an application with -10- LRB9207967ACsbam 1 the Department stating the applicant's name, date and place 2 of birth, place of current residence along with a certifying 3 statement that he is not currently in violation of any 4 federal, State, or local laws or rules governing boxing, (3) 5 provide proof of a surety bond of no less than $5,000 to 6 cover financial obligations pursuant to this Act, payable to 7 the Department and conditioned for the payment of the tax 8 imposed by this Act and compliance with this Act and the 9 rules promulgated pursuant to this Act, (4) provide a 10 financial statement, prepared by a certified public 11 accountant, showing liquid working capital of $10,000 or 12 more, or a $10,000 performance bond guaranteeing payment of 13 all obligations relating to the promotional activities, and 14 (5) pay the required fee and meet any other requirements. 15(D) An applicant for registration as a wrestling16promoter must: (1) be of good moral character, (2) file an17application with the Department stating the applicant's name,18date and place of birth, and place of current residence along19with a certifying statement that he is not currently in20violation of any federal, State, or local laws or rules21governing wrestling, (3) provide a surety bond of no less22than $10,000 to cover financial obligations pursuant to this23Act, payable to the Department and conditioned for the24payment of the tax imposed by this Act and compliance with25this Act and the rules promulgated pursuant to this Act, (4)26provide a financial statement, prepared by a certified public27accountant, showing liquid working capital of $10,000 or28more, or a $10,000 performance bond guaranteeing payment of29all obligations relating to the promotional activities, and30(5) pay the required fee and meet any other requirements.31 In determining good moral character, the Department may 32 take into consideration any violation of any of the 33 provisions of Section 16 of this Act and any felony 34 conviction of the applicant, but such a conviction shall not -11- LRB9207967ACsbam 1 operate as a bar to licensure. No license issued under this 2 Act is transferable. 3 The Department may issue temporary licensesand4registrationsas provided by rule. 5 (Source: P.A. 90-655, eff. 7-30-98; 91-408, eff. 1-1-00.) 6 (225 ILCS 105/12) (from Ch. 111, par. 5012) 7 Sec. 12. Boxing contests. Each boxing contestant shall 8 be examined before entering the ring and immediately after 9 each contest by a physician licensed to practice medicine in 10 all of its branches. The physician shall determine, prior to 11 the contest, if each contestant is physically fit to engage 12 in the contest. After the contest the physician shall examine 13 the contestant to determine possible injury. If the 14 contestant's physical condition so indicates, the physician 15 shall recommend to the Department immediate medical 16 suspension. The physician may, at any time during the 17 contest, stop the contest to examine a boxer, and terminate 18 the contest when, in the physician's opinion, continuing the 19 contest could result in serious injury to the boxer. The 20 physician shall certify to the condition of the contestant in 21 writing, over his signature on blank forms provided by the 22 Department. Such reports shall be submitted to the Department 23 in a timely manner. The physician shall be paid by the 24 promoter a fee fixed by the Department. No boxing contest 25 shall be held unless a physician licensed to practice 26 medicine in all of its branches is in attendance. 27 No contest shall be allowed to begin unless at least one 28 physician and 2 trained paramedics or 2 nurses who are 29 trained to administer emergency medical care are present. 30 No contest shall be more than 12 rounds in length. The 31 rounds shall not be more than 3 minutes each with a one 32 minute interval between them, and no boxer shall be allowed 33 to participate in more than 12 rounds within 72 consecutive -12- LRB9207967ACsbam 1 hours. At each boxing contest there shall be a referee in 2 attendance who shall direct and control the contest. The 3 referee, before each contest, shall learn the name of the 4 contestant's chief second and shall hold the chief second 5 responsible for the conduct of his assistant during the 6 progress of the contestmatch. 7 There shall be 2 judges in attendance who shall render a 8 decision at the end of each contestmatch. The decision of 9 the judges, taken together with the decision of the referee, 10 is final; or, 3 judges shall score the contestmatchwith the 11 referee not scoring. The method of scoring shall be set 12 forth in rules. 13 Judges, referees, or timekeepers for contests shall be 14 assigned by the Department. The Department or its 15 representative shall have discretion to declare a price, 16 remuneration, or purse or any part of it belonging to the 17 contestant withheld if in the judgment of the Department or 18 its representative the contestant is not honestly competing. 19 The Department shall have the authority to prevent a contest 20 or exhibition from being held and shall have the authority to 21 stop a fight for noncompliance with any part of this Act or 22 rules or when, in the judgment of the Department, or its 23 representative, continuation of the event would endanger the 24 health, safety, and welfare of the contestants or spectators. 25 (Source: P.A. 91-408, eff. 1-1-00.) 26 (225 ILCS 105/13) (from Ch. 111, par. 5013) 27 Sec. 13. Tickets; tax. Tickets to boxing contests 28athletic events, other than a boxing contestan athletic29eventconducted at premises with an indoor seating capacity 30 of more than 17,000, shall be printed in such form as the 31 Department shall prescribe. A certified inventory of all 32 tickets printed for any boxing contesteventshall be mailed 33 to the Department by the promoter not less than 7 days before -13- LRB9207967ACsbam 1 the boxing contestevent. The total number of tickets printed 2 shall not exceed the total seating capacity of the premises 3 in which the boxing contesteventis to be held. No tickets 4 of admission to any boxing contestevent, other than a boxing 5 contestan athletic eventconducted at premises with an 6 indoor seating capacity of more than 17,000, shall be sold 7 except those declared on an official ticket inventory as 8 described in this Section. 9 A promoter who conducts a boxing contestan athletic10eventunder this Act, other than a boxing contestan athletic11eventconducted at premises with an indoor seating capacity 12 of more than 17,000, shall, within 24 hours after a boxing 13 contestsuch event: (1) furnish to the Department a written 14 report verified by the promoter or his authorized designee 15 showing the number of tickets sold for the boxing contest or 16 the actual ticket stubs and the amount of the gross proceeds 17 thereof; and (2) pay to the Department a tax of 10% of the 18 first $500,000 of gross receipts from the sale of admission 19 tickets, to be placed in the General Revenue Fund. 20 (Source: P.A. 90-580, eff. 5-21-98; 91-408, eff. 1-1-00.) 21 (225 ILCS 105/15) (from Ch. 111, par. 5015) 22 Sec. 15. Inspectors. The Director may appoint boxing 23 inspectors to assist the Department staff in the 24 administration of the Act. Each boxing inspector appointed by 25 the DirectorSuch inspectorsshall receive compensation for 26 each day he or she isthey areengaged in the transacting of 27 business of the Department. Each inspector shall carry a card 28 issued by the Department to authorize him or her to act in 29 such capacity. The inspector or inspectors shall supervise 30 each contesteventto ensure that the provisions of the Act 31 are strictly enforced. The inspectors shall also be present 32 at the counting of the gross receipts and shall immediately 33 deliver to the Department the official box office statement -14- LRB9207967ACsbam 1 as required by Section 13. 2 (Source: P.A. 91-408, eff. 1-1-00.) 3 (225 ILCS 105/16) (from Ch. 111, par. 5016) 4 Sec. 16. Discipline and sanctions. 5 (a) The Department may refuse to issue a permit,6registration,or license, refuse to renew, suspend, revoke, 7 reprimand, place on probation, or take such other 8 disciplinary action as the Department may deem proper, 9 including the imposition of fines not to exceed $5,000 for 10 each violation, with regard to any licenseor registration11 foranyone or any combination of the following reasons: 12 (1) gambling, betting or wagering on the result of 13 or a contingency connected with a boxing contestan14athletic eventor permitting such activity to take place; 15 (2) participating in or permitting a sham or fake 16 boxing contest; 17 (3) holding the boxing contestathletic eventat 18 any other time or place than is stated on the permit 19 application; 20 (4) permitting any contestant other than those 21 stated on the permit application to participate in a 22 boxing contestan athletic event, except as provided in 23 Section 9; 24 (5) violation or aiding in the violation of any of 25 the provisions of this Act or any rules or regulations 26 promulgated thereto; 27 (6) violation of any federal, State or local laws 28 of the United States or other jurisdiction governing 29 boxing contestsathletic eventsor any regulation 30 promulgated pursuant thereto; 31 (7) charging a greater rate or rates of admission 32 than is specified on the permit application; 33 (8) failure to obtain all the necessary permits, -15- LRB9207967ACsbam 1 registrations, or licenses as required under this Act; 2 (9) failure to file the necessary bond or to pay 3 the gross receipts tax as required by this Act; 4 (10) engaging in dishonorable, unethical or 5 unprofessional conduct of a character likely to deceive, 6 defraud or harm the public, or which is detrimental to 7 honestly conducted boxing contestsathletic events; 8 (11) employment of fraud, deception or any unlawful 9 means in applying for or securing a permit or,license,10or registrationunder this Act; 11 (12) permitting a physician making the physical 12 examination to knowingly certify falsely to the physical 13 condition of a contestant; 14 (13) permitting contestants of widely disparate 15 weights or abilities to engage in boxing contests 16athletic events; 17 (14) boxing while under medical suspension in this 18 State or in any other state, territory or country; 19 (15) physical illness, including, but not limited 20 to, deterioration through the aging process, or loss of 21 motor skills which results in the inability to 22 participate in boxing contestsathletic eventswith 23 reasonable judgment, skill, or safety; 24 (16) allowing one's license or,permit, or25registrationissued under this Act to be used by another 26 person; 27 (17) failing, within a reasonable time, to provide 28 any information requested by the Department as a result 29 of a formal or informal complaint; 30 (18) professional incompetence; 31 (19) failure to file a return, or to pay the tax, 32 penalty or interest shown in a filed return, or to pay 33 any final assessment of tax, penalty or interest, as 34 required by any tax Act administered by the Illinois -16- LRB9207967ACsbam 1 Department of Revenue, until such time as the 2 requirements of any such tax Act are satisfied; 3 (20) holding or promoting an ultimate fighting 4 exhibition, or participating in an ultimate fighting 5 exhibition as a promoter, contestant, referee, judge, 6 scorer, manager, trainer, announcer, or timekeeper; 7 (21) habitual or excessive use or addiction to 8 alcohol, narcotics, stimulants, or any other chemical 9 agent or drug that results in an inability to participate 10 in an event; or 11 (22) failure to stop a contest or exhibition when 12 requested to do so by the Department. 13 (b) The determination by a circuit court that a licensee 14 is subject to involuntary admission or judicial admission as 15 provided in the Mental Health and Developmental Disabilities 16 Code operates as an automatic suspension. The suspension will 17 end only upon a finding by a court that the licensee is no 18 longer subject to involuntary admission or judicial 19 admission, issuance of an order so finding and discharging 20 the licensee, and upon the recommendation of the Board to the 21 Director that the licensee be allowed to resume his or her 22 practice. 23 (c) In enforcing this Section, the Board, upon a showing 24 of a possible violation, may compel any individual licensed 25or registeredto practice under this Act, or who has applied 26 for licensureor registrationpursuant to this Act, to submit 27 to a mental or physical examination, or both, as required by 28 and at the expense of the Department. The examining 29 physicians or clinical psychologists shall be those 30 specifically designated by the Board. The Board or the 31 Department may order the examining physician or clinical 32 psychologist to present testimony concerning this mental or 33 physical examination of the licensee, registrant,or 34 applicant. No information shall be excluded by reason of any -17- LRB9207967ACsbam 1 common law or statutory privilege relating to communications 2 between the licensee, registrant,or applicant and the 3 examining physician or clinical psychologist. Eye 4 examinations may be provided by a licensed and certified 5 therapeutic optometrist. The individual to be examined may 6 have, at his or her own expense, another physician of his or 7 her choice present during all aspects of the examination. 8 Failure of any individual to submit to a mental or physical 9 examination, when directed, shall be grounds for suspension 10 of a license until such time as the individual submits to the 11 examination if the Board finds, after notice and hearing, 12 that the refusal to submit to the examination was without 13 reasonable cause. 14 (d) If the Board finds an individual unable to practice 15 because of the reasons set forth in this Section, the Board 16 shall require the individual to submit to care, counseling, 17 or treatment by physicians or clinical psychologists approved 18 or designated by the Board, as a condition, term, or 19 restriction for continued, reinstated, or renewed licensure 20or registration, or in lieu of care, counseling, or 21 treatment, the Board may recommend to the Department to file 22 a complaint to immediately suspend, revoke, or otherwise 23 discipline the licenseor registrationof the individual. Any 24 individual whose licenseor registrationwas granted pursuant 25 to this Act, or continued, reinstated, renewed, disciplined, 26 or supervised, subject to such conditions, terms, or 27 restrictions, who shall fail to comply with such conditions, 28 terms, or restrictions, shall be referred to the Director for 29 a determination as to whether the individual shall have his 30 or her licenseor registrationsuspended immediately, pending 31 a hearing by the Board. 32 (Source: P.A. 91-408, eff. 1-1-00.) 33 (225 ILCS 105/17.7) -18- LRB9207967ACsbam 1 Sec. 17.7. Restoration of suspended or revoked licenseor2registration. At any time after the suspension or revocation 3 of a license, the Department may restore it to the licensee 4or registrantupon the written recommendation of the Board, 5 unless after an investigation and a hearing the Board 6 determines that restoration is not in the public interest. 7 (Source: P.A. 91-408, eff. 1-1-00.) 8 (225 ILCS 105/17.8) 9 Sec. 17.8. Surrender of licenseor registration. Upon 10 the revocation or suspension of a license or registration, 11 the licenseeor registrantshall immediately surrender his or 12 her licenseor registrationto the Department. If the 13 licenseeor registrantfails to do so, the Department has the 14 right to seize the licenseor registration. 15 (Source: P.A. 91-408, eff. 1-1-00.) 16 (225 ILCS 105/17.9) 17 Sec. 17.9. Summary suspension of a licenseor18registration. The Director may summarily suspend a licenseor19registrationwithout a hearing if the Director finds that 20 evidence in the Director's possession indicates that the 21 continuation of practice would constitute an imminent danger 22 to the public or the individual involved. If the Director 23 summarily suspends the licenseor registrationwithout a 24 hearing, a hearing must be commenced within 30 days after the 25 suspension has occurred and concluded as expeditiously as 26 practical. 27 (Source: P.A. 91-408, eff. 1-1-00.) 28 (225 ILCS 105/18) (from Ch. 111, par. 5018) 29 Sec. 18. Investigations; notice and hearing. The 30 Department may investigate the actions of any applicant or of 31 any person or persons promoting or participating in a contest -19- LRB9207967ACsbam 1or exhibitionor any person holding or claiming to hold a 2 licenseor registration. The Department shall, before 3 revoking, suspending, placing on probation, reprimanding, or 4 taking any other disciplinary action under this Act, at least 5 30 days before the date set for the hearing, (i) notify the 6 accused in writing of the charges made and the time and place 7 for the hearing on the charges, (ii) direct him or her to 8 file a written answer to the charges with the Board under 9 oath within 20 days after the service on him or her of the 10 notice, and (iii) inform the accused that, if he or she fails 11 to answer, default will be taken against him or her or that 12 his or her licenseor registrationmay be suspended, revoked, 13 or placed on probationary status or that other disciplinary 14 action may be taken with regard to the licenseor15registration, including limiting the scope, nature, or extent 16 of his or her practice, as the Department may consider 17 proper. At the time and place fixed in the notice, the Board 18 shall proceed to hear the charges, and the parties or their 19 counsel shall be accorded ample opportunity to present any 20 pertinent statements, testimony, evidence, and arguments. The 21 Board may continue the hearing from time to time. In case the 22 person, after receiving the notice, fails to file an answer, 23 his or her licenseor registrationmay, in the discretion of 24 the Department, be suspended, revoked, or placed on 25 probationary status or the Department may take whatever 26 disciplinary action considered proper, including limiting the 27 scope, nature, or extent of the person's practice or the 28 imposition of a fine, without a hearing, if the act or acts 29 charged constitute sufficient grounds for that action under 30 this Act. The written notice may be served by personal 31 delivery or by certified mail to the address specified by the 32 accused in his or her last notification with the Department. 33 (Source: P.A. 91-408, eff. 1-1-00.) -20- LRB9207967ACsbam 1 (225 ILCS 105/19) (from Ch. 111, par. 5019) 2 Sec. 19. Findings and recommendations. At the conclusion 3 of the hearing, the Board shall present to the Director a 4 written report of its findings, conclusions of law, and 5 recommendations. The report shall contain a finding of 6 whether the accused person violated this Act or its rules or 7 failed to comply with the conditions required in this Act or 8 its rules. The Board shall specify the nature of any 9 violations or failure to comply and shall make its 10 recommendations to the Director. In making recommendations 11 for any disciplinary actions, the Board may take into 12 consideration all facts and circumstances bearing upon the 13 reasonableness of the conduct of the accused and the 14 potential for future harm to the public including, but not 15 limited to, previous discipline of the accused by the 16 Department, intent, degree of harm to the public and 17 likelihood of harm in the future, any restitution made by the 18 accused, and whether the incident or incidents contained in 19 the complaint appear to be isolated or represent a continuing 20 pattern of conduct. In making its recommendations for 21 discipline, the Board shall endeavor to ensure that the 22 severity of the discipline recommended is reasonably related 23 to the severity of the violation. 24 The report of findings of fact, conclusions of law, and 25 recommendation of the Board shall be the basis for the 26 Department's order refusing to issue, restore, or renew a 27 licenseor registration, or otherwise disciplining a licensee 28or registrant. If the Director disagrees with the 29 recommendations of the Board, the Director may issue an order 30 in contravention of the Board recommendations. The Director 31 shall provide a written report to the Board on any 32 disagreement and shall specify the reasons for the action in 33 the final order. The finding is not admissible in evidence 34 against the person in a criminal prosecution brought for a -21- LRB9207967ACsbam 1 violation of this Act, but the hearing and finding are not a 2 bar to a criminal prosecution brought for a violation of this 3 Act. 4 (Source: P.A. 91-408, eff. 1-1-00.) 5 (225 ILCS 105/19.1) (from Ch. 111, par. 5019.1) 6 Sec. 19.1. Appointment of a hearing officer. The 7 Director has the authority to appoint any attorney duly 8 licensed to practice law in the State of Illinois to serve as 9 the hearing officer in any action for refusal to issue, 10 restore, or renew a licenseor certificate of registrationor 11 discipline of a licenseeor registrant. The hearing officer 12 has full authority to conduct the hearing. The hearing 13 officer shall report his or her findings of fact, conclusions 14 of law, and recommendations to the Board and the Director. 15 The Board shall have 60 days from receipt of the report to 16 review the report of the hearing officer and present its 17 findings of fact, conclusions of law and recommendations to 18 the Director. If the Board fails to present its report 19 within the 60 day period, the Director may issue an order 20 based on the report of the hearing officer. If the Director 21 determines that the Board's report is contrary to the 22 manifest weight of the evidence, he may issue an order in 23 contravention of the recommendation. The Director shall 24 promptly provide a written report of the Board on any 25 deviation and shall specify the reasons for the action in the 26 final order. 27 (Source: P.A. 91-408, eff. 1-1-00.) 28 (225 ILCS 105/19.3) 29 Sec. 19.3. Compelling testimony. Any circuit court, upon 30 application of the Department, designated hearing officer, or 31 the applicant or,licensee, or registrantagainst whom 32 proceedings under this Act are pending, may enter an order -22- LRB9207967ACsbam 1 requiring the attendance of witnesses and their testimony and 2 the production of documents, papers, files, books, and 3 records in connection with any hearing or investigation. The 4 court may compel obedience to its order by proceedings for 5 contempt. 6 (Source: P.A. 91-408, eff. 1-1-00.) 7 (225 ILCS 105/19.4) 8 Sec. 19.4. Director; rehearing. Whenever the Director 9 believes that justice has not been done in the revocation, 10 suspension, refusal to issue, restore, or renew a licenseor11registration, or other discipline of an applicant or,12 licensee,or registrant,he or she may order a rehearing by 13 the same or other examiners. 14 (Source: P.A. 91-408, eff. 1-1-00.) 15 (225 ILCS 105/23) (from Ch. 111, par. 5023) 16 Sec. 23. Fees. The fees for the administration and 17 enforcement of this Act including, but not limited to, 18 original licensureor registration, renewal, and restoration 19 shall be set by rule. The fees shall not be refundable. 20(Blank).21 (Source: P.A. 91-357, eff. 7-29-99; 91-408, eff. 1-1-00; 22 revised 8-27-99.) 23 (225 ILCS 105/23.1) (from Ch. 111, par. 5023.1) 24 Sec. 23.1. Returned checks; fines. Any person who 25 delivers a check or other payment to the Department that is 26 returned to the Department unpaid by the financial 27 institution upon which it is drawn shall pay to the 28 Department, in addition to the amount already owed to the 29 Department, a fine of $50.If the check or other payment was30for a renewal or issuance fee and that person practices31without paying the renewal fee or issuance fee and the fine-23- LRB9207967ACsbam 1due, an additional fine of $100 shall be imposed.The fines 2 imposed by this Section are in addition to any other 3 discipline provided under this Act for unlicensed practice or 4 practice on a nonrenewed license. The Department shall notify 5 the person that payment of fees and fines shall be paid to 6 the Department by certified check or money order within 30 7 calendar days of the notification. If, after the expiration 8 of 30 days from the date of the notification, the person has 9 failed to submit the necessary remittance, the Department 10 shall automatically terminate the licenseor certificateor 11 deny the application, without hearing. If, after termination 12 or denial, the person seeks a licenseor certificate, he or 13 she shall apply to the Department for restoration or issuance 14 of the licenseor certificateand pay all fees and fines due 15 to the Department. The Department may establish a fee for the 16 processing of an application for restoration of a licenseor17certificateto pay all expenses of processing this 18 application. The Director may waive the fines due under this 19 Section in individual cases where the Director finds that the 20 fines would be unreasonable or unnecessarily burdensome. 21 (Source: P.A. 86-615; 87-1031.)"; and 22 on page 1, line 22, after "law", by inserting ", except that 23 Section 10 takes effect on January 1, 2002.".