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Public Act 91-0092
SB127 Enrolled LRB9102230ACtm
AN ACT concerning professional engineers.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Regulatory Sunset Act is amended by
changing Section 4.10 and adding Section 4.20 as follows:
(5 ILCS 80/4.10) (from Ch. 127, par. 1904.10)
Sec. 4.10. The following Acts are repealed December 31,
1999:
The Fire Equipment Distributor and Employee Regulation
Act.
The Professional Engineering Practice Act of 1989.
The Structural Engineering Licensing Act of 1989.
The Illinois Architecture Practice Act of 1989.
The Illinois Landscape Architecture Act of 1989.
The Illinois Professional Land Surveyor Act of 1989.
The Land Sales Registration Act of 1989.
The Real Estate License Act of 1983.
(Source: P.A. 86-667; 86-702; 86-711; 86-925; 86-932; 86-987;
86-1007; 86-1028.)
(5 ILCS 80/4.20 new)
Sec. 4.20. Act repealed on January 1, 2010. The
following Act is repealed on January 1, 2010:
The Professional Engineering Practice Act of 1989.
Section 10. The Professional Engineering Practice Act of
1989 is amended by changing Sections 4, 5, 6, 7, 8, 10, 12,
14, 15, 20, 23, 24, and 44 and by adding Section 17.5 as
follows:
(225 ILCS 325/4) (from Ch. 111, par. 5204)
Sec. 4. Definitions. As used in this Act:
(a) "Approved engineering curriculum" means an
engineering curriculum of 4 academic years or more which
meets the standards established by the rules of the
Department.
(b) "Board" means the State Board of Professional
Engineers of the Department of Professional Regulation,
previously known as the Examining Committee.
(c) "Department" means the Department of Professional
Regulation.
(d) "Design professional" means an architect, structural
engineer or professional engineer practicing in conformance
with the Illinois Architecture Practice Act of 1989, the
Structural Engineering Licensing Act of 1989 or the
Professional Engineering Practice Act of 1989.
(e) "Director" means the Director of Professional
Regulation.
(f) "Direct supervision/responsible charge" means work
prepared under the control of a licensed professional
engineer or that work as to which that professional engineer
has detailed professional knowledge.
(g) "Engineering college" means a school, college,
university, department of a university or other educational
institution, reputable and in good standing in accordance
with rules prescribed by the Department, and which grants
baccalaureate degrees in engineering.
(h) "Engineering system or facility" means a system or
facility whose design is based upon the application of the
principles of science for the purpose of modification of
natural states of being.
(i) "Engineer intern" means a person who is a candidate
for licensure as a professional engineer and who has been
enrolled as an engineer intern.
(j) "Enrollment" means an action by the Department to
record those individuals who have met the Board's
requirements for an engineer intern.
(k) "License" means an official document issued by the
Department to an individual, a corporation, or a partnership,
a professional service corporation, a limited liability
company, or a sole proprietorship, signifying authority to
practice.
(l) "Negligence in the practice of professional
engineering" means the failure to exercise that degree of
reasonable professional skill, judgment and diligence
normally rendered by professional engineers in the practice
of professional engineering.
(m) "Professional engineer" means a person licensed
under the laws of the State of Illinois to practice
professional engineering.
(n) "Professional engineering" means the application of
science to the design of engineering systems and facilities
using the knowledge, skills, ability and professional
judgment developed through professional engineering
education, training and experience.
(o) "Professional engineering practice" means the
consultation on, conception, investigation, evaluation,
planning, and design of, and selection of materials and
methods to be used in, administration of construction
contracts for, or site observation of an engineering system
or facility, where such consultation, conception,
investigation, evaluation, planning, design, selection,
administration, or observation requires extensive knowledge
of engineering laws, formulae, materials, practice, and
construction methods. A person shall be construed to
practice or offer to practice professional engineering,
within the meaning and intent of this Act, who practices, or
who, by verbal claim, sign, advertisement, letterhead, card,
or any other way, is represented to be a professional
engineer, or through the use of the initials "P.E." or the
title "engineer" or any of its derivations or some other
title implies licensure as a professional engineer, or holds
himself out as able to perform any service which is
recognized as professional engineering practice.
Examples of the practice of professional engineering
include, but need not be limited to, transportation
facilities and publicly owned utilities for a region or
community, railroads, railways, highways, subways, canals,
harbors, river improvements; irrigation works; aircraft,
airports and landing fields; waterworks, piping systems and
appurtenances, sewers, sewage disposal works; plants for the
generation of power; devices for the utilization of power;
boilers; refrigeration plants, air conditioning systems and
plants; heating systems and plants; plants for the
transmission or distribution of power; electrical plants
which produce, transmit, distribute, or utilize electrical
energy; works for the extraction of minerals from the earth;
plants for the refining, alloying or treating of metals;
chemical works and industrial plants involving the use of
chemicals and chemical processes; plants for the production,
conversion, or utilization of nuclear, chemical, or radiant
energy; forensic engineering, geotechnical engineering
including, subsurface investigations; soil classification,
geology and geohydrology, incidental to the practice of
professional engineering; energy analysis, environmental
design, hazardous waste mitigation and control; recognition,
measurement, evaluation and control of environmental systems
and emissions; automated building management systems; or the
provision of professional engineering site observation of the
construction of works and engineering systems. Nothing
contained in this Section imposes upon a person licensed
under this Act the responsibility for the performance of any
of the foregoing functions unless such person specifically
contracts to provide it.
(p) "Project representative" means the professional
engineer's representative at the project site who assists in
the administration of the construction contract.
(q) "Registered" means the same as "licensed" for
purposes of this Act.
(r) "Related science curriculum" means a 4 year program
of study, the satisfactory completion of which results in a
Bachelor of Science degree, and which contains courses from
such areas as life, earth, engineering and computer sciences,
including but not limited to, physics and chemistry. In the
study of these sciences, the objective is to acquire
fundamental knowledge about the nature of its phenomena,
including quantitative expression, appropriate to particular
fields of engineering.
(s) "Rules" means those rules promulgated pursuant to
this Act.
(t) "Seal" means the seal in compliance with Section 14
of this Act.
(u) "Site observation" is visitation of the construction
site for the purpose of reviewing, as available, the quality
and conformance of the work to the technical submissions as
they relate to design.
(v) "Support design professional" means a professional
engineer practicing in conformance with the Professional
Engineering Practice Act of 1989, who provides services to
the design professional who has contract responsibility.
(w) "Technical submissions" means designs, drawings, and
specifications which establish the standard of quality for
materials, workmanship, equipment, and the construction
systems, studies, and other technical reports prepared in the
course of a design professional's practice.
(Source: P.A. 88-372.)
(225 ILCS 325/5) (from Ch. 111, par. 5205)
Sec. 5. Powers and duties of the Department. Subject to
the provisions of this Act, the Department shall exercise the
following functions, powers and duties:
(a) To pass upon the qualifications and conduct
examinations of applicants for licensure as professional
engineers or enrollment as engineer interns and pass upon the
qualifications of applicants by endorsement and issue a
license or enrollment to those who are found to be fit and
qualified;
(b) To prescribe rules for the method, conduct and
grading of the examination of applicants;
(c) To license corporations, and partnerships,
professional service corporations, limited liability
companies, and sole proprietorships for the practice of
professional engineering and issue a license to those who
qualify;
(d) To conduct investigations and hearings regarding
violations of this Act and take disciplinary or other actions
as provided in this Act as a result of the proceedings;
(e) To prescribe rules as to what shall constitute an
engineering or related science curriculum and to determine if
a specific engineering curriculum is in compliance with the
rules, and to terminate the approval of a specific
engineering curriculum for non-compliance with such rules;
(f) To promulgate rules required for the administration
of this Act, including rules of professional conduct;
(g) To maintain membership in the National Council of
Examiners for Engineering and Surveying and participate in
activities of the Council by designation of individuals for
the various classifications of membership, the appointment of
delegates for attendance at zone and national meetings of the
Council, and the funding of the delegates for attendance at
the meetings of the Council; and
(h) To obtain written recommendations from the Board
regarding qualifications of individuals for licensure and
enrollment, definitions of curriculum content and approval of
engineering curricula, standards of professional conduct and
formal disciplinary actions, and the promulgation of the
rules affecting these matters.
Prior to issuance of any final decision or order that
deviates from any report or recommendations of the Board
relating to the qualification of applicants, discipline of
licensees or registrants, or promulgation of rules, the
Director shall notify the Board in writing with an
explanation of any such deviation and provide a reasonable
time for the Board to submit written comments to the Director
regarding the proposed action. In the event that the Board
fails or declines to submit such written comments within 30
days of said notification, the Director may issue a final
decision or orders consistent with the Director's original
decision. The Department may at any time seek the expert
advice and knowledge of the Board on any matter relating to
the enforcement of this Act.
None of the functions, powers or duties enumerated in
this Section shall be exercised by the Department except upon
the action and report in writing of the Board.
(Source: P.A. 89-61, eff. 6-30-95.)
(225 ILCS 325/6) (from Ch. 111, par. 5206)
Sec. 6. Composition, qualifications and terms of the
Board. (a) The Board shall be appointed by the Director and
shall consist of 10 members, one of whom shall be a public
member and 9 of whom shall be professional engineers licensed
under this Act. In addition each member who is a
professional engineer shall:
(1) be a citizen of the United States, and
(2) be a resident of this State.
(b) In addition, each member who is a professional
engineer shall:
(1) have not less than 12 years of experience in the
practice of professional engineering, and shall hold an
active license as a professional engineer in Illinois;
(2) have been in charge of professional engineering work
for at least 5 years. For the purposes of this Section, any
period in which a person has been in charge of teaching
engineering in an engineering college with the rank of
assistant professor or higher shall be considered as time in
which such person was in charge of professional engineering
work.
The terms for all members shall be for 5 years. On the
expiration of the term of any member or in the event of a
vacancy, the Director shall appoint a member who shall hold
office until the expiration of the term for which the member
is appointed and until a successor has been appointed and
qualified.
No member shall be reappointed to the Board for a term
which would cause that individual's continuous service on the
Board to be longer than 15 successive years.
In implementing the 5 year terms, the Director shall vary
the terms to enable the Board to have no more than 2 terms
expire in any one year.
The public member shall not be an employee of the State
of Illinois. The public member shall be an Illinois resident
and a citizen of the United States.
In making appointments to the Board, the Director shall
give due consideration to recommendations by members of the
profession and by organizations therein.
The Director may remove any member of the Board for
misconduct, incompetence, neglect of duty or for reasons
prescribed by law for removal of State officials.
The Director may remove a member of the Board who does
not attend 2 consecutive meetings. An appointment to fill a
vacancy thus created shall be to fill the unexpired term of
office and shall be in accordance with this Section.
A quorum of the Board shall consist of not less than 6
members. a majority of Board members appointed. Majority
vote of the quorum is required for Board decisions.
Each member of the Board shall receive compensation when
attending Board meetings or meetings approved by the Director
and shall be reimbursed for all actual traveling expenses.
Members of the Board shall be immune from suit in any
action based upon any disciplinary proceedings or other
activities performed in good faith as members of the Board.
Persons holding office as members of the Board
immediately prior to the effective date of this Act under the
Act repealed herein shall continue as members of the Board
until the expiration of the term for which they were
appointed and until their successors are appointed and
qualified.
(Source: P.A. 86-667.)
(225 ILCS 325/7) (from Ch. 111, par. 5207)
Sec. 7. Powers and duties of the Board. Subject to the
provisions of this Act, the Board shall exercise the
following functions, powers and duties:
(a) Review education and experience qualifications
of applicants, including conducting oral interviews as
deemed necessary by the Board, to determine eligibility
as an engineer intern or professional engineer and submit
to the Director written recommendations on applicant
qualifications for enrollment and licensure;
(b) The Board may appoint a subcommittee to serve
as a Complaint Committee to recommend the disposition of
case files according to procedures established by rule;
(c) Conduct hearings regarding disciplinary actions
and submit a written report and recommendations to the
Director as required by this Act and to provide a Board
member at informal conferences;
(d) Make visits to universities or colleges to
evaluate engineering curricula or to otherwise evaluate
engineering curricula and submit to the Director a
written recommendation of acceptability of a curriculum;
(e) Submit a written recommendation to the Director
concerning promulgation of rules as required in Section 5
and to recommend to the Director any rules or amendments
thereto for the administration of this Act;
(f) Hold at least 3 regular meetings each year; and
(g) Elect annually a chairperson and a
vice-chairperson who shall be professional engineers;
and.
(h) Submit written comments to the Director within
30 days from notification of any final decision or order
from the Director that deviates from any report or
recommendation of the Board relating to the qualification
of applicants, discipline of licensees or registrants, or
promulgation of rules.
Prior to issuance of any final decision or order which
deviates from any report or recommendation of the Board
relating to the qualification of applicants, discipline of
licensees or registrants, or promulgation of rules, the
Director shall notify the Board and the Secretary of State in
writing with an explanation of any such deviation and provide
a reasonable time for the Board to submit written comments to
the Director regarding the proposed action. In the event
that the Board fails or declines to submit such written
comments within 30 days of said notification, the Director
may issue a final decision or order consistent with the
Director's original decision. The Department may at any time
seek the expert advice and knowledge of the Board on any
matter relating to the enforcement of this Act.
(Source: P.A. 88-428.)
(225 ILCS 325/8) (from Ch. 111, par. 5208)
Sec. 8. Applications for licensure. (a) Applications
for licensure shall (1) be on forms prescribed and furnished
by the Department, (2) contain statements made under oath
showing the applicant's education and a detailed summary of
the applicant's technical work, and (3) contain references as
required by the Department.
(b) Applicants shall have obtained the education and
experience as required in Section 10 or Section 11 prior to
submittal of application for examination, except as provided
in subsection (b) of Section 11. Allowable experience shall
commence at the date of the baccalaureate degree, except:
(1) Credit for one year of experience shall be given for
a graduate of a baccalaureate curriculum providing a
cooperative program, which is supervised industrial or field
experience of at least one academic calendar year which
alternates with periods of full-time academic training, when
such program is certified by the university, or
(2) Credit shall be given for professional engineering
experience as defined by rule for employment prior to receipt
of a baccalaureate degree if the employment is full-time
while the applicant takes 8 or more years (16 semesters or 24
quarters minimum) as a part-time student to earn the degree
concurrent with the employment.
The Board may conduct oral interviews of any applicant
under Sections 10, 11 or 19 to assist in the evaluation of
the qualifications of the applicant.
It is the responsibility of the applicant to supplement
the application, when requested by the Board, by provision of
additional documentation of education, including transcripts,
course content and credentials of the engineering college or
college granting related science degrees, or of work
experience to permit the Board to determine the
qualifications of the applicant. The Department may require
an applicant, at the applicant's expense, to have an
evaluation of the applicant's education in a foreign country
by a nationally recognized educational body approved by the
Board in accordance with rules prescribed by the Department.
An applicant who graduated from an engineering program
outside the United States or its territories and whose first
language is not English shall submit certification of passage
of the Test of English as a Foreign Language (TOEFL) and the
Test of Spoken English (TSE) as defined by rule before taking
the licensure examination.
(Source: P.A. 89-61, eff. 6-30-95.)
(225 ILCS 325/10) (from Ch. 111, par. 5210)
Sec. 10. Minimum standards for examination for licensure
as professional engineer. To qualify for licensure as a
professional engineer each applicant shall be:
(a) A graduate of an approved engineering curriculum of
at least 4 years who submits acceptable evidence to the Board
of an additional 4 years or more of experience in engineering
work of a grade and character which indicate that the
individual may be competent to practice professional
engineering, and who then passes a nominal 8-hour written
examination in the fundamentals of engineering, and a nominal
8-hour written examination in the principles and practice of
engineering. Upon passing both examinations, the applicant,
if otherwise qualified, shall be granted a license to
practice professional engineering in this State; or
(b) A graduate of a non-approved engineering curriculum
or a related science curriculum of at least 4 years and
meeting the requirements as set forth by rule, who submits
acceptable evidence to the Board of an additional 8 years or
more of experience in engineering work of a grade and
character which indicate that the individual may be competent
to practice professional engineering, and who then passes a
nominal 8-hour written examination in the fundamentals of
engineering and a nominal 8-hour written examination in the
principles and practice of engineering. Upon passing both
examinations, the applicant, if otherwise qualified, shall be
granted a license to practice professional engineering in
this State; or
(c) An engineer intern who meets the education and
experience qualifications of subsection (a) or (b) of this
Section and has passed the nominal 8-hour written examination
in the fundamentals of engineering, by application and
payment of the required fee, may then take the nominal 8-hour
written examination in the principles and practice of
engineering. Upon passing that examination, the applicant,
if otherwise qualified, shall be granted a license to
practice professional engineering in this State.
(d) When considering an applicant's qualifications for
licensure under this Act, the Department may take into
consideration whether an applicant has engaged in conduct or
actions that would constitute a violation of the Standards of
Professional Conduct for this Act as provided for by
administrative rules.
(Source: P.A. 89-61, eff. 6-30-95.)
(225 ILCS 325/12) (from Ch. 111, par. 5212)
Sec. 12. Educational credits or teaching as equivalent
of experience. (a) After earning an acceptable baccalaureate
degree as required by subsection (a) or (b) of Section 10
in engineering or related science and upon completion of a
Master's degree in engineering, the applicant may receive one
year of experience credit. Upon completion of a Ph.D. in
engineering, an applicant may receive an additional year
experience credit for a maximum of 2 years.
(b) Teaching engineering subjects in an engineering
college is considered experience in engineering.
(c) (Blank). For an individual applying for licensure as
a professional engineer under subsection (a) or (b) of
Section 10, the examination for the fundamentals of
engineering shall be waived, if application is made before
January 1, 1994, for those individuals who have:
(1) a doctoral degree from an approved graduate
engineering program, and
(2) demonstrated, in accordance with standards set by
rule, a broad knowledge of the fundamentals of engineering,
by course work gained either in a baccalaureate, masters, or
doctoral program.
(Source: P.A. 86-667.)
(225 ILCS 325/14) (from Ch. 111, par. 5214)
Sec. 14. Seal. Every professional engineer shall have a
seal or stamp, the print impression of which shall be
reproducible and contain the name of the professional
engineer, the professional engineer's license number, and the
words "Licensed Registered Professional Engineer of
Illinois". Any reproducible seal or stamp heretofore
authorized under the laws of this state for use by a
professional engineer, including those with the words
"Registered Professional Engineer of Illinois", shall serve
the same purpose as the seal provided for by this Act. When
technical submissions are prepared utilizing a computer or
other electronic means, the seal may be generated by the
computer. Signatures generated by computer shall not be
permitted.
The professional engineer who has contract responsibility
shall seal a cover sheet of the technical submissions, and
those individual portions of the technical submissions for
which the professional engineer is legally and professionally
responsible. The professional engineer practicing as the
support design professional shall seal those individual
portions of technical submissions for which the professional
engineer is legally and professionally responsible.
The use of a professional engineer's seal on technical
submissions constitutes a representation by the professional
engineer that the work has been prepared by or under the
personal supervision of the professional engineer or
developed in conjunction with the use of accepted engineering
standards. The use of the seal further represents that the
work has been prepared and administered in accordance with
the standards of reasonable professional skill and diligence.
It is unlawful to affix one's seal to technical
submissions if it masks the true identity of the person who
actually exercised direction, control and supervision of the
preparation of such work. A professional engineer who seals
and signs technical submissions is not responsible for damage
caused by subsequent changes to or uses of those technical
submissions, where the subsequent changes or uses, including
changes or uses made by State or local governmental agencies,
are not authorized or approved by the professional engineer
who originally sealed and signed the technical submissions.
(Source: P.A. 88-372.)
(225 ILCS 325/15) (from Ch. 111, par. 5215)
Sec. 15. Technical submissions. All technical
submissions prepared by or under the personal supervision of
a professional engineer shall bear that professional
engineer's seal, signature, and license expiration date. The
licensee's written signature and date of signing, along with
the date of license expiration, shall be placed adjacent to
the seal. Computer generated signatures are not permitted.
All technical submissions intended for use in
construction in the State of Illinois shall be prepared and
administered in accordance with standards of reasonable
professional skill and diligence. Care shall be taken to
reflect the requirements of State statutes and, where
applicable, county and municipal ordinances in such
documents. In recognition that professional engineers are
licensed for the protection of the public health, safety and
welfare, documents shall be of such quality and scope, and be
so administered as to conform to professional standards.
(Source: P.A. 89-61, eff. 6-30-95.)
(225 ILCS 325/17.5 new)
Sec. 17.5. Continuing education. The Department may
promulgate rules of continuing education for persons licensed
under this Act. The Department shall consider the
recommendations of the Board in establishing the guidelines
for the continuing education requirements. The requirements
of this Section apply to any person seeking renewal or
restoration under Section 17 or 18 of this Act.
(225 ILCS 325/20) (from Ch. 111, par. 5220)
Sec. 20. Fees.
(a) The Department shall provide by rule for a schedule
of fees to be paid for licenses by all applicants. All fees
are not refundable.
(b) The fees for the administration and enforcement of
this Act, including but not limited to original licensure,
renewal, and restoration, shall be set by rule by the
Department. The following fees are not refundable:
(a) Certificate of engineer intern.
(1) The fee for application for a certificate of
enrollment is $20.
(2) In addition, applicants for any examination
shall be required to pay, either to the Department or to
the designated testing service, a fee covering the cost
of providing the examination. Failure to appear for the
examination on the scheduled date, at the time and place
specified, after the applicant's application for each
examination has been received and acknowledged by the
Department or the designated testing service, shall
result in the forfeiture of the examination fee.
(b) Certificate of professional engineer.
(1) The fee for application for a license by
examination is $100.
(2) In addition, applicants for any examination
shall be required to pay, either to the Department or to
the designated testing service, a fee covering the cost
of providing the examination. Failure to appear for the
examination on the scheduled date, at the time and place
specified, after the applicant's application for each
examination has been received and acknowledged by the
Department or the designated testing service, shall
result in the forfeiture of the examination fee.
(3) The fee for application for a license by
endorsement for a professional engineer registered or
licensed under the laws of another state or territory of
the United States or of a foreign country or province is
$100.
(4) The biennial fee for the renewal of a license
shall be $60.
(5) The fee for application for the restoration of
a license other than from inactive status is $10 plus
payment of all lapsed renewal fees.
(c) Professional design firm registration fees.
(1) The fee for application for a certificate of
registration as a professional design firm is $75.
(2) The biennial fee for renewal of a certificate
of registration as a professional design firm shall be
$75.
(d) General fees.
(1) The fee for the issuance of a duplicate
license, for the issuance of a replacement license for a
license which has been lost or destroyed or for the
issuance of a license with a change of name or address
other than during the renewal period is $20. No fee is
required for name and address changes on Department
records when no duplicate license is issued.
(2) The fee for a certification of a registrant's
record for any purpose is $20.
(3) The fee for retabulating the numerical score of
an examination is the cost to the Department of
retabulating the examination, plus any fees charged by
the applicable testing service to have the examination
retabulated.
(4) The fee for a wall certificate showing
licensure is the actual cost of producing such a
certificate.
(5) The fee for a roster of persons licensed as
professional engineers and of professional design firms
in this State is the actual cost of producing such a
roster.
(e) Any person who delivers a check or other payment to
the Department that is returned to the Department unpaid by
the financial institution upon which it is drawn shall pay to
the Department, in addition to the amount already owed to the
Department, a fine of $50. If the check or other payment was
for a renewal or issuance fee and that person practices
without paying the renewal fee or issuance fee and the fine
due, an additional fine of $100 shall be imposed. The fines
imposed by this Section are in addition to any other
discipline provided under this Act for unlicensed practice or
practice on a nonrenewed license. The Department shall
notify the person that payment of fees and fines shall be
paid to the Department by certified check or money order
within 30 calendar days of the notification. If, after the
expiration of 30 days from the date of the notification, the
person has failed to submit the necessary remittance, the
Department shall automatically terminate the license or
certificate or deny the application, without hearing. If,
after termination or denial, the person seeks a license or
certificate, he or she shall apply to the Department for
restoration or issuance of the license or certificate and pay
all fees and fines due to the Department. The Department may
establish a fee for the processing of an application for
restoration of a license or certificate to pay all expenses
of processing this application. The Director may waive the
fines due under this Section in individual cases where the
Director finds that the fines would be unreasonable or
unnecessarily burdensome.
(c)(f) Disposition of fees and fines collected. All the
fees and fines collected pursuant to this Section shall be
deposited in the Design Professionals Administration and
Investigation Fund. Of the moneys deposited into the Design
Professionals Administration and Investigation Fund, the
Department may use such funds as necessary and available to
produce and distribute newsletters to persons licensed under
this Act.
(Source: P.A. 88-91; 88-428; 88-670, eff. 12-2-94; 89-61,
eff. 6-30-95; 89-235, eff. 8-4-95.)
(225 ILCS 325/23) (from Ch. 111, par. 5223)
Sec. 23. Professional design firm registration.
(a) Nothing in this Act shall prohibit the formation,
under the provisions of the Professional Service Corporation
Act, as amended, of a corporation to practice professional
engineering.
Any business, including a Professional Service
Corporation, that not formed under the provisions of the
Professional Service Corporation Act and not registered as
such with the Department, and which includes within its
stated purposes or practices, or holds itself out as
available to practice, professional engineering, shall be
registered with the Department pursuant to the provisions set
forth in this Section.
Any sole proprietorship not owned and operated by an
Illinois licensed design professional licensed under this Act
shall be prohibited from offering professional engineering
services to the public. Any sole proprietorship owned and
operated by a professional engineer with an active license
issued under this Act and conducting or transacting such
business under an assumed name in accordance with the
provisions of the Assumed Business Name Act shall comply with
the registration requirements of a professional design firm.
Any sole proprietorship owned and operated by a professional
engineer with an active license issued under this Act and
conducting or transacting such business under the real name
of the sole proprietor is exempt from the registration
requirements of a professional design firm. "Illinois
licensed design professional" means a person who holds an
active license as a professional engineer under this Act, as
an architect under the Illinois Architecture Practice Act of
1989, or as a structural engineer under the Structural
Engineering Licensing Act of 1989.
(b) Any professional design firm seeking to be
registered pursuant to the provisions of this Section shall
not be registered unless one or more managing agents in
charge of professional engineering activities in this State
are designated by the professional design firm. Each
managing agent must at all times maintain a valid, active
license to practice professional engineering in Illinois.
No individual whose license to practice professional
engineering in this State is currently in a suspended or
revoked status shall act as a managing agent for a
professional design firm.
(c) Any business seeking to be registered under this
Section shall make application on a form provided by the
Department and shall provide such information as requested by
the Department, which shall include, but not be limited to:
(1) the name and license number of the person
designated as the managing agent in responsible charge of
the practice of professional engineering in Illinois. In
the case of a corporation, the corporation shall also
submit a certified copy of the resolution by the board of
directors designating the managing agent. In the case of
a limited liability company, the company shall submit a
certified copy of either its articles of organization or
operating agreement designating the managing agent;
(2) the names and license numbers of the directors,
in the case of a corporation, the members, in the case of
a limited liability company, or general partners, in the
case of a partnership;
(3) a list of all office locations at which the
professional design firm provides professional
engineering services to the public; and
(4) a list of all assumed names of the business.
Nothing in this Section shall be construed to exempt a
professional design firm, sole proprietorship, or
professional service corporation from compliance with the
requirements of the Assumed Business Name Act.
It is the responsibility of the professional design firm
to provide the Department notice, in writing, of any changes
in the information requested on the application.
(d) The Department shall issue to each business a
certificate of registration to practice professional
engineering or offer the services of its licensees in this
State upon submittal of a proper application for registration
and payment of fees. The expiration date and renewal period
for each registration and renewal procedures shall be
established by rule.
(e) In the event a managing agent is terminated or
terminates his or her status as managing agent of the
professional design firm, the managing agent and professional
design firm shall notify the Department of this fact in
writing, by certified mail, within 10 business days of such
termination. Thereafter, the professional design firm, if it
has so informed the Department, shall have 30 days in which
to notify the Department of the name and license number of a
newly designated managing agent. If a corporation, the
corporation shall also submit a certified copy of a
resolution by the board of directors designating the new
managing agent. If a limited liability company, the company
shall also submit a certified copy of either its articles of
organization or operating agreement designating the new
managing agent. The Department may, upon good cause shown,
extend the original 30 day period.
If the professional design firm has not notified the
Department in writing, by certified mail within the specified
time, the registration shall be terminated without prior
hearing. Notification of termination shall be sent by
certified mail to the last known address of the business. If
the professional design firm continues to operate and offer
professional engineering services after the termination, the
Department may seek prosecution under Sections 24, 39, and 40
of this Act for the unlicensed practice of professional
engineering.
(f) No professional design firm shall be relieved of
responsibility for the conduct or acts of its agent,
employees, members, managers, or officers by reason of its
compliance with this Section, nor shall any individual
practicing professional engineering be relieved of the
responsibility for professional services performed by reason
of the individual's employment or relationship with a
professional design firm registered under this Section.
(g) Disciplinary action against a professional design
firm registered under this Section shall be administered in
the same manner and on the same grounds as disciplinary
action against a licensed professional engineer. All
disciplinary action taken or pending against a corporation or
partnership before the effective date of this amendatory Act
of 1993 shall be continued or remain in effect without the
Department filing separate actions.
(Source: P.A. 88-428; 89-594, eff. 8-1-96.)
(225 ILCS 325/24) (from Ch. 111, par. 5224)
Sec. 24. Rules of professional conduct; Disciplinary
action.
(a) The Department shall adopt rules setting standards
of professional conduct and establish appropriate penalty for
the breach of such rules. The Department may, singularly or
in combination, refuse to issue, restore, or renew a license
or registration, revoke or suspend a license or registration,
or place on probation, reprimand, or impose a civil penalty
not to exceed $10,000 upon any person, corporation,
partnership, or professional design firm licensed or
registered under this Act for any one or combination of the
following:
(1) Material misstatement in furnishing information
to the Department.
(2) Failure to comply with any provisions of this
Act or any of its rules.
(3) Conviction of any crime under the laws of the
United States, or any state or territory thereof, which
is a felony, whether related to practice or not, or
conviction of any crime, whether a felony, misdemeanor,
or otherwise, an essential element of which is dishonesty
or which is directly related to the practice of
engineering.
(4) Making any misrepresentation for the purpose of
obtaining licensure, or in applying for restoration or
renewal; or practice of any fraud or deceit in taking any
examination to qualify for licensure under this Act.
(5) Purposefully making false statements or signing
false statements, certificates, or affidavits to induce
payment.
(6) Negligence, incompetence or misconduct in the
practice of professional engineering as a licensed
professional engineer or in working as an engineer
intern.
(7) Aiding or assisting another person in violating
any provision of this Act or its rules.
(8) Failing to provide information in response to a
written request made by the Department within 30 days
after receipt of such written request.
(9) Engaging in dishonorable, unethical or
unprofessional conduct of a character likely to deceive,
defraud or harm the public.
(10) Habitual intoxication or addiction to the use
of drugs.
(11) Discipline by the United States Government,
another state, District of Columbia, territory, foreign
nation or government agency, if at least one of the
grounds for the discipline is the same or substantially
equivalent to those set forth in this Act.
(12) Directly or indirectly giving to or receiving
from any person, firm, corporation, partnership or
association any fee, commission, rebate or other form of
compensation for any professional services not actually
or personally rendered.
(13) A finding by the Board that an applicant or a
registrant has failed to pay a fine imposed by the
Department, a registrant whose license has been placed on
probationary status has violated the terms of probation,
or a registrant has practiced on an expired, inactive,
suspended, or revoked license.
(14) Signing, affixing the professional engineer's
seal or permitting the professional engineer's seal to be
affixed to any technical submissions not prepared as
required by Section 14 or completely reviewed by the
professional engineer or under the professional
engineer's direct supervision.
(15) Physical illness, including but not limited to
deterioration through the aging process or loss of motor
skill, which results in the inability to practice the
profession with reasonable judgment, skill or safety.
(16) The making of a statement pursuant to the
Environmental Barriers Act that a plan for construction
or alteration of a public facility or for construction of
a multi-story housing unit is in compliance with the
Environmental Barriers Act when such plan is not in
compliance.
(17) Failing to file a return, or to pay the tax,
penalty or interest shown in a filed return, or to pay
any final assessment of tax, penalty or interest as
required by a tax Act administered by the Illinois
Department of Revenue, until such time as the
requirements of any such tax Act are satisfied.
(a-5) In enforcing this Section, the Board upon a
showing of a possible violation may compel a person licensed
to practice under this Act, or who has applied for licensure
or certification pursuant to this Act, to submit to a mental
or physical examination, or both, as required by and at the
expense of the Department. The examining physicians shall be
those specifically designated by the Board. The Board or the
Department may order the examining physician to present
testimony concerning this mental or physical examination of
the licensee or applicant. No information shall be excluded
by reason of any common law or statutory privilege relating
to communications between the licensee or applicant and the
examining physician. The person to be examined may have, at
his or her own expense, another physician of his or her
choice present during all aspects of the examination.
Failure of any person to submit to a mental or physical
examination, when directed, shall be grounds for suspension
of a license until the person submits to the examination if
the Board finds, after notice and hearing, that the refusal
to submit to the examination was without reasonable cause.
If the Board finds a person unable to practice because of
the reasons set forth in this Section, the Board may require
that person to submit to care, counseling, or treatment by
physicians approved or designated by the Board as a
condition, term, or restriction for continued, reinstated, or
renewed licensure to practice; or, in lieu of care,
counseling, or treatment, the Board may recommend to the
Department to file a complaint to immediately suspend,
revoke, or otherwise discipline the license of the person.
Any person whose license was granted, continued, reinstated,
renewed, disciplined, or supervised subject to such terms,
conditions, or restrictions and who fails to comply with such
terms, conditions, or restrictions shall be referred to the
Director for a determination as to whether the person shall
have his or her license suspended immediately, pending a
hearing by the Board.
(b) The determination by a circuit court that a
registrant is subject to involuntary admission or judicial
admission as provided in the Mental Health and Developmental
Disabilities Code, as now or hereafter amended, operates as
an automatic suspension. Such suspension will end only upon
a finding by a court that the patient is no longer subject to
involuntary admission or judicial admission, the issuance of
an order so finding and discharging the patient, and the
recommendation of the Board to the Director that the
registrant be allowed to resume practice.
(Source: P.A. 88-372; 88-428; 88-670, eff. 12-2-94; 89-61,
eff. 6-30-95.)
(225 ILCS 325/44) (from Ch. 111, par. 5244)
Sec. 44. Fund; appropriations; investments; audits.
Moneys deposited in the Design Professionals Administration
and Investigation Fund shall be appropriated to the
Department exclusively for expenses of the Department and the
Board in the administration of this Act, the Illinois
Professional Land Surveyor Act of 1989, the Illinois
Architecture Practice Act, and the Structural Engineering
Licensing Act of 1989. The expenses of the Department under
this Act shall be limited to the ordinary and contingent
expenses of the Design Professionals Dedicated Employees
within the Department as established under Section 62.1 of
the Civil Administrative Code of Illinois and other expenses
related to the administration and enforcement of this Act.
Moneys from the Fund may also be used for direct and
allocable indirect costs related to the public purposes of
the Department of Professional Regulation. Moneys in the
Fund may be transferred to the Professions Indirect Cost Fund
as authorized by Section 61e of the Civil Administrative Code
of Illinois.
Moneys in the Design Professionals Administration and
Investigation Fund may be invested and reinvested with all
earnings received from the investments to be deposited in the
Design Professionals Administration and Investigation Fund
and used for the same purposes as fees deposited in the Fund.
All fines and penalties under Section 24, and Section 39,
Section 42, and Section 43 shall be deposited in the Design
Professionals Administration and Investigation Fund.
Upon the completion of any audit of the Department as
prescribed by the Illinois State Auditing Act that audit
includes an audit of the Design Professionals Administration
and Investigation Fund, the Department shall make the audit
report open to inspection by any interested person. The copy
of the audit report required to be submitted to the
Department by this Section is in addition to copies of audit
reports required to be submitted to other State officers and
agencies by Section 3-14 of the Illinois State Auditing Act.
(Source: P.A. 89-204, eff. 1-1-96.)
Section 99. Effective date. This Act takes effect
January 1, 2000, except that Section 5 takes effect upon
becoming law.
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