State of Illinois
91st General Assembly
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Public Act 91-0835

SB1248 Enrolled                                LRB9107205ACtm

    AN  ACT  creating  the  Fire  Equipment  Distributor  and
Employee Regulation Act of 2000.

    Be it  enacted  by  the  People  of  the  State  of  Illinois,
represented in the General Assembly:

    Section. 1. Short title. This Act may  be  cited  as  the
Fire  Equipment  Distributor  and  Employee Regulation Act of
2000.

    Section 5. Definitions. As used in this Act:
    (a)  "Employee" means a  licensee  or  a  person  who  is
currently  employed  by a distributor licensed under this Act
whose full or part-time duties include servicing, recharging,
hydro-testing, installing,  maintaining,  or  inspecting  all
types  of  fire  extinguishing devices or systems, other than
water sprinkler systems.
    (b)  "Board" means the  Fire  Equipment  Distributor  and
Employee Advisory Board.
    (c)  "Person"  means  a  natural  person  or any company,
corporation, or other business entity.
    (d)  "Fire  equipment  distributor"  means  any   person,
company or corporation that services, recharges, hydro-tests,
inspects,  installs, maintains, alters, repairs, replaces, or
services fire extinguishing devices or  systems,  other  than
water  sprinkler  systems,  for  customers, clients, or other
third parties. "Fire equipment distributor" does not  include
a  person,  company,  or  corporation employing 2,000 or more
employees within the State of Illinois that engages in  these
activities incidental to its own business.
    (e)  "Public member" means a person who is not a licensee
or  a  relative  of  a licensee, or who is not an employer or
employee  of  a  licensee.  The  term  "relative"  shall   be
determined by rules of the State Fire Marshal.
    (f)  "Residency" means an actual domicile in Illinois for
a period of not less than one year.
    (g)  "Inspection"  means  a  determination  that  a  fire
extinguisher is available in its designated place and has not
been actuated or tampered with. "Inspection" does not include
the  inspection  that may be performed by the building owner,
tenant, or insurance representative.
    (h)  "Maintenance"  means   a   determination   that   an
extinguisher   will   operate  effectively  and  safely.   It
includes a thorough examination and any necessary  repair  or
replacement.    It   also   includes  checking  the  date  of
manufacture or last  hydrostatic  test  to  see  if  internal
inspection   of   the  cylinder  or  hydrostatic  testing  is
necessary, and checking for cuts, bulges,  dents,  abrasions,
corrosion,  condition  of  paint,  shell  hanger  attachment,
maintenance of nameplate, weight of contents, pressure gauge,
valve,  removal of pull pin, discharge nozzle, hose assembly,
and operating instructions.

    Section 10. License requirement;  injunction.  No  person
shall  act  as  a  fire equipment distributor or employee, or
advertise or assume to act as such, or use any title implying
that such person is engaged in such  practice  or  occupation
unless licensed by the State Fire Marshal.
    No  firm,  association,  or  corporation  shall act as an
agency licensed under this Act, or advertise or assume to act
as  such,  or  use  any  title  implying   that   the   firm,
association,  or  corporation  is  engaged  in such practice,
unless licensed by the State Fire Marshal.
    The State Fire Marshal, in the name  of  the  People  and
through  the  Attorney  General,  the State's Attorney of any
county, any resident of the State, or any legal entity within
the State may apply for injunctive relief  in  any  court  to
enjoin  any person who has not been issued a license or whose
license has been suspended,  revoked,  or  not  renewed  from
practicing  a  licensed  activity,  and  upon the filing of a
verified petition, the court, if satisfied  by  affidavit  or
otherwise,  that  such  person  is  or has been practicing in
violation of this Act may enter a temporary restraining order
or  preliminary  injunction,  without  bond,  enjoining   the
defendant from such further activity.  A copy of the verified
complaint   shall  be  served  upon  the  defendant  and  the
proceedings shall thereafter be conducted as in  other  civil
cases.   If  it is established that the defendant has been or
is practicing in violation of this Act, the court may enter a
judgment  perpetually  enjoining  the  defendant  from   such
further  activity.    In  case of violation of any injunctive
order or  judgment  entered  under  the  provisions  of  this
Section,  the court may summarily try and punish the offender
for contempt of court.  Such injunctive proceeding  shall  be
in addition to all penalties and other remedies in this Act.
    The  State Fire Marshal may refuse to issue a license to,
or may suspend the license of, any person who fails to file a
return, 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  any  tax Act administered by the
Illinois Department  of  Revenue,  until  such  time  as  the
requirements of any such tax Act are satisfied.

    Section 15. Exemptions.
    (a)  This  Act  shall not apply to an officer or employee
of this State or  the  fire  department  or  fire  protection
district  of  any  political  subdivision of this State while
such officer or employee is engaged in the performance of his
official duties within the course and scope of his employment
with this State, or any political subdivision.  However,  any
such  person  who  offers  his  services  as  a  private fire
equipment distributor or employee, or any title where similar
services  are  performed  for  compensation,  fee,  or  other
valuable  consideration,   whether   received   directly   or
indirectly,  shall  be  subject to this Act and its licensing
requirements.
    (b)  Any person who engages  in  hydrostatic  testing  of
fire  equipment  but  does  not  service,  recharge, install,
maintain, or inspect such equipment shall not be required  to
be licensed under this Act.

    Section  20. Deposit of fees. All fees collected pursuant
to this Act shall be deposited into the Fire Prevention Fund.

    Section  25.  Fire  Equipment  Distributor  and  Employee
Advisory  Board.  There  is  created   the   Fire   Equipment
Distributor  and  Employee  Advisory  Board  consisting  of 9
members to be appointed by the State Fire Marshal as soon  as
practicable  after the effective date of this Act. Two of the
members shall possess at least a  Class  A  Fire  Distributor
License,  2 shall possess at least a Class B Fire Distributor
License, 2 shall possess at least a Class C Fire  Distributor
License,  2  shall  be  representatives  of  the  active fire
prevention services who are not licensed under this Act,  and
one  shall  be a public member who is not licensed under this
Act or a similar Act of another jurisdiction and who  has  no
connection  with  any  business licensed under this Act.  The
State Fire Marshal shall be  an  ex  officio  member  of  the
Board.   Each  member  shall  be a resident of Illinois. Each
appointment to the Board shall have  a  minimum  of  5  years
experience  as a licensee in the field in which the person is
licensed,  be  an  officer  in  a  licensed  fire   equipment
distributor  company,  and  be  actively  engaged in the fire
equipment business. In making Board appointments,  the  State
Fire  Marshal shall give consideration to the recommendations
by members of the profession and  by  organizations  therein.
The  membership  shall reasonably reflect representation from
geographic areas in this State.
    Each Board member shall serve for a term of 4  years  and
until  his  or  her  successor  is  appointed  and qualified.
However, in making initial appointments, one member shall  be
appointed  to  serve  for  one  year, 2 shall be appointed to
serve for 2 years, 2 shall be appointed to serve for 3 years,
and the remaining members, one of whom shall  be  the  public
member, shall be appointed to serve for 4 years. Appointments
to  fill  vacancies  shall  be  made  in  the  same manner as
original  appointments  for  the  unexpired  portion  of  the
vacated term.  Initial terms shall begin upon  the  effective
date of this Act.
    A member of the Board may be removed from office for just
cause.  A  member  subject to formal disciplinary proceedings
shall disqualify himself or herself from Board business until
the charge is  resolved.   A  member  also  shall  disqualify
himself  or  herself  from any matter on which the member may
not objectively make a decision.
    Board members shall receive no compensation but shall  be
reimbursed  for  expenses  incurred  in connection with their
duties as board members.
    A  majority  of  Board  members  then   appointed   shall
constitute  a  quorum.    A  majority  vote  of the quorum is
required for a Board decision.
    The Board shall elect from its membership a chairman  and
other officers as it may deem necessary.
    Board  members shall not be liable for any of their acts,
omissions, decisions, or any other conduct in connection with
their duties on the Board, except  those  involving  willful,
wanton, or intentional misconduct.
    The  Board  may have such powers as may be granted by the
State Fire Marshal to carry out the provisions of this Act.
    Section 30. Rules; report.
    (a)  The  State  Fire  Marshal  shall  promulgate   rules
consistent   with   the   provisions  of  this  Act  for  the
administration and enforcement  thereof,  and  may  prescribe
forms  that  shall  be  issued  in connection therewith.  The
rules shall include standards and criteria for  registration,
professional conduct, and discipline.  The State Fire Marshal
shall  consult with the Board in promulgating all rules under
this Act.
    (b)  The Board shall propose to the  State  Fire  Marshal
additions or modifications to administrative rules whenever a
majority  of the members believes the rules are deficient for
the proper administration of this Act.
    (c)  The State Fire Marshal may solicit  the  advice  and
expert  knowledge  of the Board on any matter relating to the
administration and enforcement of this Act.
    (d)  In  the  promulgation  of  rules  relating  to  fire
equipment distributors and employees, the State Fire  Marshal
shall  be  guided  by  the national fire safety standards and
codes and fire equipment and  facility  standards  and  code,
including  but  not  limited  to  those  promulgated  by  the
National   Fire   Protection  Association  and  the  National
Association of Fire Equipment Distributors.
    (e)  In  the  promulgation  of  rules  relating  to   the
maintenance  and  operation  of hydrostatic testing equipment
and tools for all fire equipment distributors and  employees,
the State Fire Marshal shall be guided by the requirements of
the  United  States Department of Transportation as set forth
in Section 173.34(e)(1) of Title 49 of the  Code  of  Federal
Regulations.
    (f)  The  State  Fire  Marshal  shall  by  rule establish
procedures for an applicant  for  any  class  fire  equipment
employee  license  to  work  for  a  licensed  fire equipment
distributor for training.
    (g) The rules promulgated by the Office of the State Fire
Marshal pursuant to  the    Fire  Equipment  Distributor  and
Employee  Regulation  Act  shall remain in effect until  such
time as the Office of  the  State  Fire  Marshal  promulgates
rules under this Act.
    (h)  The  State  Fire  Marshal  shall  issue to the Board
prior to each Board meeting, but not less than  quarterly,  a
report  of  the  status  of  all  convictions  related to the
profession received by the State Fire Marshal.

    Section 35. Personnel. The State Fire Marshal may employ,
in conformity with the  Personnel  Code,  such  professional,
technical,  investigative, or clerical help, on either a full
or part-time basis, as may be necessary for  the  enforcement
of  this  Act.   Each  investigator shall have a minimum of 2
years investigative experience out of the preceding 5 years.
    An investigator may not hold  an  active  license  issued
pursuant  to  this  Act or have any fiduciary interest in any
business licensed under this Act.  This prohibition does not,
however, prohibit an investigator from  holding  stock  in  a
publicly  traded  business  licensed  or regulated under this
Act, provided that the investigator does not hold  more  than
5% of the stock in the business.

    Section 40. Qualifications for licensure; fees.
    (a)  No  person  shall  engage  in  practice  as  a  fire
equipment  distributor  or  fire  equipment  employee without
first applying for and obtaining a license for  that  purpose
from the Office of the State Fire Marshal.
    (b)  To  qualify for a Class A Fire Equipment Distributor
License to service, recharge, hydro-test, install,  maintain,
or inspect all types of fire extinguishers, an applicant must
provide all of the following:
         (1)  An annual license fee of $100.
         (2)  Evidence   of   registration   as  an  Illinois
    corporation or evidence of compliance  with  the  Assumed
    Business Name Act.
         (3)  Evidence   of  financial  responsibility  in  a
    minimum amount of $300,000 through  liability  insurance,
    self-insurance, group insurance, group self-insurance, or
    risk retention groups.
    (c)  To  qualify for a Class B Fire Equipment Distributor
License to service, recharge, hydro-test, install,  maintain,
or  inspect  all  types  of pre-engineered fire extinguishing
systems, an applicant must provide all of the following:
         (1)  An annual license fee of $200.
         (2)  Evidence  of  registration   as   an   Illinois
    corporation  or  evidence of compliance with  the Assumed
    Business Name Act.
         (3)  Evidence  of  financial  responsibility  in   a
    minimum  amount  of $300,000 through liability insurance,
    self-insurance, group insurance, group self-insurance, or
    risk retention groups.
         (4)  Evidence of owning, leasing, renting, or having
    access to proper testing equipment that is in  compliance
    with  the  national  standards  adopted by the State Fire
    Marshal for the  maintenance  and  operation  of  testing
    tools for use with all Class B fire equipment.
    (d)  To  qualify for a Class C Fire Equipment Distributor
License to service, repair, hydro-test, inspect, and engineer
all  types  of  engineered  fire  suppression   systems,   an
applicant must provide all of the following:
         (1)  An annual license fee of $300.
         (2)  Evidence   of   registration   as  an  Illinois
    corporation or evidence of compliance  with  the  Assumed
    Business Name Act.
         (3)  Evidence   of  financial  responsibility  in  a
    minimum amount of $300,000 through  liability  insurance,
    self-insurance, group insurance, group self-insurance, or
    risk retention groups.
         (4)  Evidence of owning, leasing, renting, or having
    access  to proper testing equipment that is in compliance
    with the national standards adopted  by  the  State  Fire
    Marshal  for  the  maintenance  and  operation of testing
    tools for use with all Class C fire equipment.
    (e)  To qualify for a Class  1  Fire  Equipment  Employee
License  to service, recharge, hydro-test, install, maintain,
or inspect all types of fire extinguishers, an applicant must
complete all of the following:
         (1)  Pass the examination.
         (2)  Pay an annual license fee of $20.
         (3)  Provide a current photograph at least 1"  x  1"
    in size.
    (f)  To  qualify  for  a  Class 2 Fire Equipment Employee
License to  service, recharge, hydro-test, install, maintain,
or inspect all types  of  pre-engineered  fire  extinguishing
systems, an applicant must complete all of the following:
         (1)  Pass the examination.
         (2)  Pay an annual license fee of $20.
         (3)  Provide  a  current photograph at least 1" x 1"
    in size.
    (g)  To qualify for a Class  3  Fire  Equipment  Employee
License  to service, recharge, hydro-test, maintain, inspect,
or  engineer  all  types  of  engineered  fire  extinguishing
systems, an applicant must complete all of the following:
         (1)  Pass the examination.
         (2)  Pay an annual license fee of $20.
         (3)  Provide a current photograph at least 1"  x  1"
    in size.

    Section  45. Applications. Each application for a license
to practice under this Act shall be in writing and signed  by
the applicant on forms provided by the State Fire Marshal.

    Section 50. Examinations.
    (a)  Applicants   for  licensure  shall  be  examined  as
provided herein if they are qualified to be examined pursuant
to  this  Act.   All  applicants  who  are  admitted  to  the
examination shall be evaluated upon  the  same  standards  as
others being examined for the respective license.
    (b)  Examination for licensure shall be at such times and
places  as the State Fire Marshal may determine, but shall be
given at least quarterly.
    (c)  Examinations  shall  test  the  minimum  amount   of
knowledge and skill needed to perform the duties set forth in
the  definition  of  the  license  and  be in the interest of
protection  of  the  public.   The  State  Fire  Marshal  may
contract with a  testing  service  for  the  preparation  and
conduct of such examination.
    (d)  If  an applicant neglects, fails, or refuses to take
an examination under this Act within one  year  after  filing
his  or  her application, the fee paid by the applicant shall
be forfeited.  However, the applicant may thereafter  make  a
new  application for examination, accompanied by the required
fee.

    Section 55. Licensure without examination. The State Fire
Marshal  shall  promulgate  rules   for   licensure   without
examination   and   may   license   under  this  Act  without
examination, on payment of the required fee, an applicant who
is registered under the laws of another state or territory or
of another country, if the requirements for  registration  in
the jurisdiction in which the applicant was licensed were, at
the  date  of  his  registration,  substantially equal to the
requirements then in force in  this  State  and  that  state,
territory, or country has similar rules for licensure.
    Section 60. Issuance of license; renewal.
    (a)  The  State  Fire Marshal shall, upon the applicant's
satisfactory completion of the requirements authorized  under
this  Act  and  upon receipt of the requisite fees, issue the
appropriate license and wallet  card  showing  the  name  and
business  location of the licensee, the dates of issuance and
expiration, and shall contain a photograph  of  the  licensee
provided to the State Fire Marshal.
    (b)  Upon  application within 90 days after the effective
date of this Act, the Office of the State Fire Marshal  shall
issue a license under this Act without examination to persons
holding  a valid license under the Fire Equipment Distributor
and Employee Regulation Act on December 30, 1999.
    (c)  Each licensee may apply for renewal of  his  license
upon  payment  of  fees,  as  set  forth  in  this  Act.  The
expiration date and renewal period for  each  license  issued
under this Act shall be set by rule.  Failure to renew within
60  days  of  the expiration date shall lapse the license.  A
lapsed  license  may  not  be  reinstated  until  a   written
application  is  filed,  the  renewal  fee is paid, and a $50
reinstatement fee is paid.  Renewal  and  reinstatement  fees
shall be waived for persons who did not renew while on active
duty  in the military and who file for renewal or restoration
within one year after discharge from such service.  A  lapsed
license  may  not  be  reinstated after 5 years have elapsed,
except upon passing an examination to  determine  fitness  to
have the license restored and by paying the required fees.
    (d)  As  a  condition  of renewal of a license, the State
Fire Marshal may require the licensee to  report  information
pertaining  to  his  practice  which  the  State Fire Marshal
determines to be in the interest of public safety.
    (e)  All   fees   paid   pursuant   to   this   Act   are
non-refundable.
    Section  65.  Returned  checks.  Any  person  who  on   2
occasions  issues  or  delivers a check or other order to the
State Fire Marshal that  is  not  honored  by  the  financial
institution  upon  which  it is drawn because of insufficient
funds on account shall pay to  the  State  Fire  Marshal,  in
addition to the amount owing upon the check or other order, a
fee  of  $50.   If  the  check  or  other order was issued or
delivered in payment of a renewal fee and the licensee  whose
license  has  lapsed continues to practice without paying the
renewal fee and the $50 fee required under this  Section,  an
additional  fee  of  $100  shall  be  imposed  for practicing
without a current license.   The  State  Fire  Marshal  shall
notify  the licensee whose license has lapsed, within 30 days
after the discovery  by  the  State  Fire  Marshal  that  the
licensee  is  practicing  without a current license, that the
individual, person,  or  distributor  is  acting  as  a  fire
equipment  distributor  or  employee,  as  the  case  may be,
without a license, and the  amount  due  to  the  State  Fire
Marshal,  which  shall include the lapsed renewal fee and all
other fees required by this Section.  If after the expiration
of 30 days from the date of such notification,  the  licensee
whose  license  has lapsed seeks a  current license, he shall
thereafter apply to the State Fire Marshal for  reinstatement
of  the  license  and  pay  all  fees  due  to the State Fire
Marshal.  The State Fire Marshal may establish a fee for  the
processing  of  an application for reinstatement of a license
that allows the State Fire  Marshal  to  pay  all  costs  and
expenses incident to the processing of this application.  The
State  Fire Marshal may waive the fees due under this Section
in individual cases where he finds that  the  fees  would  be
unreasonable or unnecessarily burdensome.

    Section  70.  Change  of  address;  display  of  license;
duplicate license or certificate.
    (a)  A  licensee  shall report a change in home or office
address within 10 days of when it occurs.
    (b)  Each licensee shall prominently display his  license
to  practice  at  each place from which the practice is being
performed.  If more than one location is used, branch  office
certificates  shall  be issued upon payment of the fees to be
established by the State Fire Marshal.  Each  fire  equipment
employee  shall  carry  on his person a wallet card issued by
the State Fire Marshal.
    (c)  If a license or certificate  is  lost,  a  duplicate
shall  be  issued  upon  payment  of  the  required fee to be
established by the State Fire Marshal.  If a licensee  wishes
to  change  his  name,  the  State Fire Marshal shall issue a
license in the new name upon  satisfactory  proof  that  such
change  was  done  in accordance with law and upon payment of
the required fee.
    (d)  Each licensee shall  permit  his  facilities  to  be
inspected by representatives of the State Fire Marshal.

    Section 75. Grounds for disciplinary sanctions. Licensees
subject   to   this  Act  shall  conduct  their  practice  in
accordance with this  Act  and  with  any  rules  promulgated
pursuant  hereto.  Licensees shall be subject to the exercise
of the disciplinary sanctions enumerated in Section 90 if the
State Fire Marshal finds that a licensee is guilty of any  of
the following:
    (1)  fraud or material deception in obtaining or renewing
of a license;
    (2)  professional  incompetence  as  manifested  by  poor
standards of service;
    (3)  engaging     in    dishonorable,    unethical,    or
unprofessional conduct of  a  character  likely  to  deceive,
defraud,  or  harm  the  public in the course of professional
services or activities;
    (4)  conviction of any crime by a licensee  which  has  a
substantial  relationship  to  his  practice  or an essential
element of which is misstatement, fraud,  or  dishonesty,  or
conviction  in  this  or another state of any crime that is a
felony under the laws of Illinois or conviction of  a  felony
in a federal court, unless the person demonstrates that he or
she has been sufficiently rehabilitated to warrant the public
trust;
    (5)  performing  any  services  in  a  grossly  negligent
manner  or permitting any of his or her licensed employees to
perform services in a grossly negligent manner, regardless of
whether  actual  damage  or  damages   to   the   public   is
established;
    (6)  habitual  drunkenness  or  habitual addiction to the
use of morphine, cocaine,  controlled  substances,  or  other
habit-forming drugs;
    (7)  directly    or    indirectly   willfully   receiving
compensation  for  any  professional  services  not  actually
rendered;
    (8)  having disciplinary action taken against his or  her
license in another state;
    (9)  making  differential treatment against any person to
his detriment because of race, color, creed,  sex,  religion,
or national origin;
    (10)  engaging in unprofessional conduct;
    (11)  engaging in false or misleading advertising;
    (12)  contracting  or  assisting  unlicensed  persons  to
perform  services  for which a license is required under this
Act;
    (13)  permitting the use of his or her license to  enable
any unlicensed person or agency to operate as a licensee;
    (14)  performing and charging for services without having
authorization  to  do  so from the member of the public being
served;
    (15)  failure to comply with any provision of this Act or
the rules promulgated pursuant thereto;
    (16)  conducting business regulated by this Act without a
currently valid license.

    Section  80.  Complaints.   All   complaints   concerning
violations  regarding  licensees or unlicensed activity shall
be received and logged by the State Fire Marshal and reported
to the Board.

    Section 85. Formal charges.
    (a)  Following the investigative process, the State  Fire
Marshal  may  file  formal  charges against the licensee. The
formal charges shall, at a minimum, inform  the  licensee  of
the  facts  that make up the basis of the charge and that are
specific enough to enable the licensee to defend himself.
    (b)  Each licensee whose conduct  is  the  subject  of  a
formal  charge  that  seeks  to  impose  disciplinary  action
against  the  licensee  shall be served notice of said formal
charge at least 30 days before the date of the hearing, which
shall be presided over by a hearing officer authorized by the
State Fire Marshal.  Service shall be considered to have been
given if the notice was personally received by  the  licensee
or  if  the notice was sent by certified mail, return receipt
requested to  the  licensee  at  the  licensee's  last  known
address, as listed with the State Fire Marshal.
    (c)  The  notice  of  formal  charges  shall consist at a
minimum of the following information:
         (1)  the time, place, and date of the hearing;
         (2)  that the licensee shall  appear  personally  at
    the hearing and may be represented by counsel;
         (3)  that  the  licensee  shall  have  the  right to
    produce witnesses and evidence in his  behalf  and  shall
    have  the  right  to  cross-examine  witnesses and refute
    evidence produced against him or her;
         (4)  that the hearing could result  in  disciplinary
    action being taken against his or her license;
         (5)  that  rules  for  the conduct of these hearings
    exist and it may be in the licensee's  best  interest  to
    obtain a copy;
         (6)  that  a hearing officer authorized by the State
    Fire Marshal shall preside at the hearing  and  following
    the  conclusion  of  said  hearing shall make findings of
    fact, conclusions of law, and recommendations, separately
    stated, to the State Fire Marshal as to what disciplinary
    action, if any, should be imposed on the licensee; and
         (7)  that the State Fire Marshal may  continue  such
    hearing.
    (d)  The  hearing  officer  authorized  by the State Fire
Marshal shall hear evidence produced in support of the formal
charges and contrary evidence produced by  the  licensee,  if
any.   At  the conclusion of the hearing, the hearing officer
shall  make  findings  of  fact,  conclusions  of  law,   and
recommendations,  separately  stated,  and submit them to the
State Fire Marshal and to  all  parties  to  the  proceeding.
Submission to the licensee shall be considered as having been
made if done in a similar fashion as service of the notice of
formal charges.  Within 20 days after such service, any party
to  the  proceeding  may  present to the State Fire Marshal a
motion, in writing, for  a  rehearing  which  written  motion
shall specify the particular grounds therefor.
    (e)  The  State  Fire Marshal, following the time allowed
for filing a motion for rehearing, shall review  the  hearing
officer's   findings   of   fact,  conclusions  of  law,  and
recommendations, and any motions  filed  subsequent  thereto.
After  review  of such information the State Fire Marshal may
hear oral arguments and thereafter shall issue an order.  The
report   of   findings  of  fact,  conclusions  of  law,  and
recommendations of the hearing officer shall be the basis for
the State Fire Marshal's order.  If the  State  Fire  Marshal
finds  that substantial justice was not done, he may issue an
order in contravention of the findings of  fact,  conclusions
of  law,  and  recommendations  of  the hearing officer.  The
State Fire Marshal  shall  provide  the  Board  with  written
explanation  of  any  such  deviation, and shall specify with
particularity the reasons for said action.   The  finding  is
not  admissible  in  evidence  against the person in criminal
prosecution brought for the violation of this Act.
    (f)  All proceedings pursuant to this Section are matters
of public record and shall be preserved.

    Section 90. Disciplinary sanctions; hearings.
    (a)  The State Fire  Marshal  shall  impose  any  of  the
following sanctions, singly or in combination, when he or she
finds  that  a licensee is guilty of any offense described in
subsection (a) of Section 75:
         (1)  revocation;
         (2)  suspension for any period of time;
         (3)  reprimand or censure;
         (4)  placement  on  probationary  status   and   the
    requirement of the submission of any of the following:
              (i)  report  regularly  to  the  Board or State
         Fire Marshal upon matters that are the basis of  the
         probation;
              (ii)  continuation  or renewal of  professional
         education until a satisfactory degree of  skill  has
         been  attained  in those areas that are the basis of
         the probation; or
              (iii)  such other  reasonable  requirements  or
         restrictions as are proper.
         (5)  refusal to issue, renew or restore;
         (6)  revocation  of  probation that has been granted
    and imposition of any other discipline in this subsection
    (a) when the requirements  of  probation  have  not  been
    fulfilled or have been violated.
    (b)  The  State  Fire  Marshal  may  summarily  suspend a
license under this Act,  without  a  hearing,  simultaneously
with  the  filing  of  a  formal  complaint  and notice for a
hearing provided under this Section if the State Fire Marshal
finds that the continued operations of the  individual  would
constitute  an  immediate danger to the public.  In the event
the  State  Fire  Marshal  suspends  a  license  under   this
subsection,  a  hearing  by the hearing officer designated by
the State Fire Marshal shall begin within 20 days after  such
suspension  begins,  unless  continued  at the request of the
licensee.
    (c)  Disposition may be made of any formal  complaint  by
consent   order  between  the  State  Fire  Marshal  and  the
licensee, but the Board must be apprised of the full  consent
order in a timely way.
    (d)  The  State  Fire Marshal shall reinstate any license
to good standing under this Act, upon recommendation  to  the
State  Fire  Marshal,  after  a  hearing  before  the hearing
officer authorized by the State Fire Marshal. The State  Fire
Marshal  shall  be  satisfied  that  the  applicant's renewed
practice is not contrary to the public interest.
    (e)  The State Fire  Marshal  may  order  a  licensee  to
submit  to  a reasonable physical examination if his physical
capacity to practice safely is at  issue  in  a  disciplinary
proceeding. Failure to comply with a State Fire Marshal order
to  submit  to a physical examination shall render a licensee
liable to the summary suspension procedures described in this
Section.
    (f)  The State Fire  Marshal  may  conduct  hearings  and
issue  cease  and  desist  orders  to  persons  who engage in
activities prohibited by this  Act  without  having  a  valid
license,   certificate,   or  registration.   Any  person  in
violation of a cease and desist order entered  by  the  State
Fire Marshal shall be subject to all of the remedies provided
by  law, and in addition, shall be subject to a civil penalty
payable to the party injured by the violation.
    (g)  The  State  Fire  Marshal  shall  seek  to   achieve
consistency in the application of the foregoing sanctions and
consent orders and significant departure from prior decisions
involving  similar  conduct  shall  be explained in the State
Fire Marshal's orders.

    Section 95. Witnesses; record of proceedings.
    (a)  The State Fire Marshal has the power to subpoena and
bring before  it  any  person  in  this  State  and  to  take
testimony  either  orally or by deposition, or both, with the
same fees and mileage and in the same manner as is prescribed
by law for judicial proceedings in  civil  cases.  The  State
Fire  Marshal  and  the hearing officer approved by the State
Fire Marshal have  the  power  to  administer  oaths  at  any
hearing  which  the  State  Fire  Marshal  is  authorized  to
conduct.
    (b)  Any  circuit  court,  upon  the  application  of the
licensee or the State Fire Marshal, may order the  attendance
of  witnesses and the production of relevant books and papers
in any hearing pursuant to this Act.  The  court  may  compel
obedience to its order by proceedings for contempt.
    (c)  The  State  Fire  Marshal,  at  its  expense,  shall
provide  a  stenographer  or a mechanical recording device to
record the testimony and preserve a record of all proceedings
at the hearing of any case wherein a license may be  revoked,
suspended,   placed   on   probationary   status,   or  other
disciplinary action taken with regard thereto.  The notice of
hearing, complaint and all other documents in the  nature  of
pleadings  and  written motions filed in the proceedings, the
transcript of testimony, the report of the  hearing  officer,
and  the  orders  of  the  State  Fire Marshal constitute the
record of such proceedings.  The  State  Fire  Marshal  shall
furnish  a  transcript of the record to any interested person
upon payment of the costs of  copying  and  transmitting  the
record.

    Section  100.  Judicial  review. All final administrative
decisions of the State Fire Marshal are subject  to  judicial
review  pursuant  to  the  provisions  of  the Administrative
Review Law and the  rules  adopted  pursuant  thereto.   Such
proceedings  for  judicial  review  shall be commenced in the
Circuit Court of the county in which the party  applying  for
review  resides.  If  the  party applying for review is not a
resident of Illinois, the venue shall be in Sangamon  County.
The  State  Fire Marshal shall not be required to certify any
record to the court or file any answer in court or  otherwise
appear  in  any court in a judicial review proceeding, unless
there is filed in the court with the complaint a receipt from
the State Fire Marshal acknowledging payment of the costs  of
furnishing  and  certifying  the  record which costs shall be
computed at the cost of  preparing  such  record.    Exhibits
shall  be certified without cost.  Failure on the part of the
licensee to file the receipt in court shall  be  grounds  for
dismissal  of  the  action.   During all judicial proceedings
incident to the disciplinary action,  the  sanctions  imposed
upon  the  accused  by the State Fire Marshal shall remain in
effect, unless the court feels justice requires a stay of the
order.

    Section 105.  Order;  prima  facie  proof.  An  order  of
revocation,  suspension,  placing the license on probationary
status or other formal disciplinary action as the State  Fire
Marshal  may  deem  proper, or a certified copy thereof, over
the seal of the State  Fire  Marshal  and  purporting  to  be
signed by the State Fire Marshal, is prima facie proof that:
    (1)  the signature is that of the State Fire Marshal;
    (2)  the State Fire Marshal is qualified to act; and
    (3)  the hearing officer is qualified to act on behalf of
the State Fire Marshal.
Such proof may be rebutted.

    Section 110. Surrender of license. Upon the suspension or
revocation  of  a  license  issued under this Act, a licensee
shall surrender the license to the State  Fire  Marshal  and,
upon failure to do so, the State Fire Marshal shall seize the
same.

    Section  115.  Publication  of  records.   The State Fire
Marshal shall, upon request, publish a list of the names  and
addresses  of all licensees under the provisions of this Act.
The State Fire Marshal shall publish a list  of  all  persons
whose  licenses  have been disciplined within one year, and a
quarterly list of each individual who was  denied  employment
status  because  of  a  criminal  history, together with such
other information as it may deem of interest to the public.

    Section 120. Criminal penalties.
    (a)  Any  person  who  violates  any  of  the   following
provisions  shall  be guilty of a Class A misdemeanor for the
first offense:
         (1)  the practice of or attempted practice as a fire
    equipment distributor or employee without a license;
         (2)  the obtaining of or the attempting to obtain  a
    license,  practice,  or  business  or  any other thing of
    value by fraudulent representation;
         (3)  permitting,  directing,  or   authorizing   any
    person  in  one's  employ  or  under  one's  direction or
    supervision to work  or  serve  as  a  licensee  if  that
    individual does not possess an appropriate valid license.
    (b)  Whenever any person is punished as a repeat offender
under  this  Section,  the  State Fire Marshal may proceed to
obtain  a  permanent  injunction  against  the  person  under
Section 10.
    (c)  If  any  person  in  making  an  oath  or  affidavit
required by this Act swears falsely, that person is guilty of
perjury  and  upon  conviction  thereof,  may   be   punished
accordingly.
    (d)  A  person who violates any Section of this Act other
than this Section shall be guilty of a  Class  A  misdemeanor
for the first offense.
    A  second  or  subsequent  offense  in  violation  of any
Section of this Act, including this Section,  is  a  Class  4
felony.

    Section  950.   The  Regulatory  Sunset Act is amended by
adding Section 4.21 as follows:

    (5 ILCS 80/4.21 new)
    Sec.  4.21.   Act  repealed  on  January  1,  2011.   The
following Act is repealed on January 1, 2011:
    The Fire Equipment Distributor  and  Employee  Regulation
Act of 2000.

    Section 999.  Effective date.  This Act takes effect upon
becoming law.

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