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Public Act 92-0453
SB263 Enrolled LRB9207495ACpc
AN ACT concerning the regulation of professions.
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 4.12 as follows:
(5 ILCS 80/4.12) (from Ch. 127, par. 1904.12)
Sec. 4.12. The following Acts are repealed December 31,
2001:
The Professional Boxing and Wrestling Act.
The Interior Design Profession Title Act.
The Detection of Deception Examiners Act.
The Water Well and Pump Installation Contractor's License
Act.
(Source: P.A. 86-1404; 86-1475; 87-703.)
Section 10. The Regulatory Sunset Act is amended by
adding Section 4.22 as follows:
(5 ILCS 80/4.22 new)
Sec. 4.22. Act repealed on January 1, 2012. The
following Act is repealed on January 1, 2012:
The Detection of Deception Examiners Act.
Section 15. The Detection of Deception Examiners Act is
amended by changing Sections 1, 11, 17, 18, 22, 23, 24, 25,
26.1, 29, and 30 and adding Sections 7.2 and 7.3 as follows:
(225 ILCS 430/1) (from Ch. 111, par. 2401)
Sec. 1. Definitions. As used in this Act, unless the
context otherwise requires: "Detection of Deception
Examination", hereinafter referred to as "Examination" means
any examination in which a device or instrument is used to
test or question individuals for the purpose of evaluating
truthfulness or untruthfulness.
"Examiner" means any person licensed under this Act.
"Person" includes any natural person, partnership,
association, corporation or trust.
"Department" means the Department of Professional
Regulation of the State of Illinois.
"Director" means the Director of Professional Regulation
of the State of Illinois.
"Committee" means the Detection of Deception Examiner
Committee provided for in this Act.
"Him" means both the male and female gender.
(Source: P.A. 85-1209.)
(225 ILCS 430/7.2 new)
Sec. 7.2. Detection of Deception Examiners Act
Coordinator. The Director shall appoint a Detection of
Deception Examiners Act Coordinator to assist the Department
in the administration of this Act. The Detection of
Deception Examiners Act Coordinator shall be a person
licensed under this Act and shall have no less than 10 years
of experience as an Illinois licensed Detection of Deception
Examiner. The Detection of Deception Examiners Act
Coordinator shall perform such administrative functions on a
full or part-time basis as may be delegated to him or her by
the Director, including, but not limited to, revision of the
licensing examination and review of the training and
qualifications of applicants from a jurisdiction outside of
Illinois.
Whenever the Director is satisfied that substantial
justice has not been done in an examination, he may order a
re-examination by the same or other examiners.
(225 ILCS 430/7.3 new)
Sec. 7.3. Appointment of a Hearing Officer. The
Director has the authority to appoint an attorney, licensed
to practice law in the State of Illinois, to serve as a
Hearing Officer in any action for refusal to issue or renew a
license or to discipline a license. The Hearing Officer has
full authority to conduct the hearing. The appointed
Detection of Deception Coordinator may attend hearings and
advise the Hearing Officer on technical matters involving
Detection of Deception examinations.
(225 ILCS 430/11) (from Ch. 111, par. 2412)
Sec. 11. Qualifications for licensure as an examiner. A
person is qualified to receive a license as an examiner:
A. Who establishes that he is a person of good moral
character; and
B. Who has passed an examination approved by the
Department conducted by the Examiner Committee, or under its
supervision, to determine his competency to obtain a license
to practice as an examiner; and
C. Who has had conferred upon him an academic degree, at
the baccalaureate level, from an accredited college or
university; and
D. Who has satisfactorily completed 6 months of study in
detection of deception, as prescribed by rule.
Conviction of a misdemeanor involving moral turpitude or
a felony may be considered, but shall not be determinative,
in determining whether an applicant is of good moral
character.
(Source: P.A. 82-200.)
(225 ILCS 430/17) (from Ch. 111, par. 2418)
Sec. 17. Complaints; investigations. The Department may
upon its own motion and shall, upon the verified complaint in
writing of any person setting forth facts which if proved
would constitute grounds for refusal, suspension or
revocation of a license under this Act, investigate the
actions of any applicant or of any person or persons holding
or claiming to hold a license. The Department shall, before
refusing to issue and before suspension or revocation of a
license, at least 30 days prior to the date set for the
hearing, notify in writing the applicant for, or holder of, a
license of the nature of the charges and that a hearing will
be held on the date designated. The Department shall direct
the applicant or licensee to file a written answer with to
the Department Board under oath within 20 days after the
service of the notice and inform the applicant or licensee
that failure to file an answer will result in default being
taken against the applicant or licensee and that the license
or certificate may be suspended, revoked, placed on
probationary status, or other disciplinary action may be
taken, including limiting the scope, nature or extent of
practice, as the Director may deem proper. In case the person
fails to file an answer after receiving notice, his or her
license or certificate may, in the discretion of the
Department, be suspended, revoked, or placed on probationary
status, or the Department may take whatever disciplinary
action deemed proper, including limiting the scope, nature,
or extent of the person's practice or the imposition of a
fine, without a hearing, if the act or acts charged
constitute sufficient grounds for such action under this Act.
The hearing shall determine whether the applicant or holder,
hereinafter called the respondent is privileged to hold a
license, and shall afford the respondent an opportunity to be
heard in person or by counsel in reference thereto. Written
notice may be served by delivery of the same personally to
the respondent at the address of his last notification to the
Department. At the time and place fixed in the notice, the
Department Committee shall proceed to hear the charges and
both the respondent and Department complainant shall be
accorded ample opportunity to present in person or by counsel
such statements, testimony, evidence and argument as may be
pertinent to the charges or to their defense. The Department
Committee may continue the hearing from time to time. If the
Committee shall not be sitting at the time and place fixed in
the notice or at the time and place to which the hearing
shall have been continued, the Director shall continue the
hearing for a period not to exceed 30 days, unless extended
by stipulation of both parties.
(Source: P.A. 87-1031.)
(225 ILCS 430/18) (from Ch. 111, par. 2419)
Sec. 18. Stenographer; transcript; Hearing Officer
Committee report. The Department, at its expense, shall
provide a stenographer to take down the testimony and
preserve a record of all proceedings at the hearing of any
case involving the refusal to issue or the suspension or
revocation of a license. 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 Committee and
orders of the Department shall be the records of the
proceedings. The Department shall furnish a transcript of the
record to any person or persons interested in the hearing
upon the payment of the fee required under Section 2105-115
of the Department of Professional Regulation Law (20 ILCS
2105/2105-115).
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
Director and to all parties to the proceeding.
The Hearing Officer's findings of fact, conclusions of
law, and recommendations shall be served upon the licensee in
a similar fashion as service of the notice of formal charges.
Within 20 days after the service, any party to the proceeding
may present to the Director a motion, in writing, specifying
the particular grounds for a rehearing.
The Director, 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 subsequently filed motions. After review of the
information, the Director may hear oral arguments and
thereafter shall issue the order. The report of findings of
fact, conclusions of law, and recommendations of the Hearing
Officer shall be the basis for the Department's order. If
the Director finds that substantial justice was not done, the
Director may issue an order in contravention of the Hearing
Officer's recommendations. The Director shall promptly
provide a written explanation to all parties to the
proceeding of any disagreement with the Hearing Officer's
recommendations. In any case involving the refusal to issue
or the suspension or revocation of a license, a copy of the
Committee's report shall be served upon the respondent by the
Department, either personally or by registered or certified
mail as provided in this Act for the service of the notice of
hearing. Within 20 days after service, the respondent may
present to the Department a motion in writing for a
rehearing, which shall specify the particular grounds for
rehearing. If no motion for rehearing is filed, then upon the
expiration of the time specified for filing a motion, or if a
motion for rehearing is denied, then upon denial the Director
may enter an order in accordance with recommendations of the
Committee. If the respondent shall order and pay for a
transcript of the record within the time for filing a motion
for rehearing, the 20 day period within which a motion may be
filed shall commence upon the delivery of the transcript to
the respondent.
(Source: P.A. 91-239, eff. 1-1-00.)
(225 ILCS 430/22) (from Ch. 111, par. 2423)
Sec. 22. Regulations; forms. The Director, on the
recommendation of the Committee, may issue regulations,
consistent with the provisions of this Act, for the
administration and enforcement thereof and may prescribe
forms which shall be issued in connection therewith.
(Source: Laws 1963, p. 3300.)
(225 ILCS 430/23) (from Ch. 111, par. 2424)
Sec. 23. Action or counterclaim. No action or
counterclaim shall be maintained by any person in any court
in this State with respect to any agreement or services for
which a license is required by this Act or to recover the
agreed price or any compensation under any such agreement, or
for such services for which a license is required by this Act
without alleging and proving providing that such person had a
valid license at the time of making such agreement or doing
such work.
(Source: Laws 1963, p. 3300.)
(225 ILCS 430/24) (from Ch. 111, par. 2425)
Sec. 24. Injunctions; cease and desist orders. If any
person violates a the provision of this Act, the Director
may, in the name of the People of the State of Illinois,
through the Attorney General of the State of Illinois, apply,
in the circuit court, for an order enjoining such violation
or for an order enforcing compliance with this Act. Upon the
filing of a verified complaint in such court, the court or
any judge thereof, if satisfied by affidavit or otherwise
that such person has violated this Act, may enter a temporary
restraining order or preliminary injunction, without notice
or bond, enjoining such continued violation, and if it is
established that such person has violated or is violating
this Act, the Court may summarily try and punish the offender
for contempt of court. Proceedings under this section shall
be in addition to, and not in lieu of, all other remedies and
penalties provided by this Act.
The Department may conduct hearings and issue cease and
desist orders with respect to persons who engage in
activities prohibited by this Act. Any person in violation
of a cease and desist order entered by the Department 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 in an amount up to $10,000.
(Source: P.A. 83-334.)
(225 ILCS 430/25) (from Ch. 111, par. 2426)
Sec. 25. Order or certified copy; prima facie proof. An
order or a certified copy thereof, over the seal of the
Department and purporting to be signed by the Director, shall
be prima facie proof that:
(a) the signature is the genuine signature of the
Director; and
(b) the Director is duly appointed and qualified;
and
(c) the Committee and the members thereof are
qualified to act.
(Source: P.A. 91-357, eff. 7-29-99.)
(225 ILCS 430/26.1) (from Ch. 111, par. 2427.1)
Sec. 26.1. Returned checks; fines. 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.
(Source: P.A. 87-1031.)
(225 ILCS 430/29) (from Ch. 111, par. 2430)
Sec. 29. Restoration of license. At any time after the
suspension or revocation of any license, the Department may
restore it to the accused person, upon the written
recommendation of the Committee.
(Source: Laws 1963, p. 3300.)
(225 ILCS 430/30) (from Ch. 111, par. 2431)
Sec. 30. An applicant who is an Examiner, licensed under
the laws of another state or territory of the United States,
may be issued a license without examination by the
Department, in its discretion, upon payment of a fee as set
by rule of $50.00, and the production of satisfactory proof:
;
(a) that he is of good moral character; and
(b) that the requirements for the licensing of Examiners
in such particular state or territory of the United States
were, at the date of licensing, substantially equivalent to
the requirements then in force in this State.
(Source: P.A. 82-200.)
(225 ILCS 430/7 rep.)
Section 20. The Detection of Deception Examiners Act is
amended by repealing Section 7.
Section 99. Effective date. This Act takes effect upon
becoming law.
Passed in the General Assembly May 31, 2001.
Approved August 21, 2001.
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