093_HB2274ham002

 










                                     LRB093 09756 AMC 13427 a

 1                    AMENDMENT TO HOUSE BILL 2274

 2        AMENDMENT NO.     .  Amend House Bill 2274,  AS  AMENDED,
 3    by  replacing  everything  after the enacting clause with the
 4    following:

 5        "Section 5.  The Professional Engineering Practice Act of
 6    1989 is amended by changing Section 29 as follows:

 7        (225 ILCS 325/29) (from Ch. 111, par. 5229)
 8        (Section scheduled to be repealed on January 1, 2010)
 9        Sec.   29.    Notice    of    hearing;    Findings    and
10    recommendations.  At the conclusion of the hearing, the Board
11    shall present to the Director a written report of its finding
12    and  recommendations.   The  report  shall  contain a finding
13    whether or not the accused person violated this  Act  or  its
14    rules  or  failed  to  comply with the conditions required in
15    this Act or its rules.  The Board shall specify the nature of
16    the violation or  failure  to  comply,  and  shall  make  its
17    recommendations  to  the  Director.   The Board may take into
18    consideration in making its  recommendations  for  discipline
19    all  facts  and circumstances bearing upon the reasonableness
20    of the conduct of the respondent and the potential for future
21    harm to the public, including but  not  limited  to  previous
22    discipline  by  the Department, intent, degree of harm to the
 
                            -2-      LRB093 09756 AMC 13427 a
 1    public and likelihood of harm in the future, any  restitution
 2    made,  and  whether  the  incident or incidents complained of
 3    appear to be isolated or a pattern of conduct.  In making its
 4    recommendations for discipline, the Board shall  endeavor  to
 5    ensure  that the severity of the discipline recommended bears
 6    some  reasonable  relationship  to  the   severity   of   the
 7    violation.   The  report  of findings of fact, conclusions of
 8    law and recommendation of the Board shall be  the  basis  for
 9    the  Department's order refusing to issue, restore or renew a
10    license,  or  otherwise  discipline  a  registrant.  If   the
11    Director  disagrees  in  any  regard  with  the report of the
12    Board, the Director  may  issue  an  order  in  contravention
13    thereof,  following  the  procedures  set forth in Section 7.
14    The Director shall provide a written report to the  Board  on
15    any  deviation,  and  shall  specify  with  particularity the
16    reasons for said action.  The finding is  not  admissible  in
17    evidence against the person in a criminal prosecution brought
18    for  the  violation  of this Act, but the hearing and finding
19    are not a bar to  a  criminal  prosecution  brought  for  the
20    violation  of  this  Act.  In no case shall the time from the
21    receipt of the complaint by the Department to the issuance of
22    a final order by the Director exceed 90 days.
23    (Source: P.A. 86-667.)

24        Section 99. Effective date.  This Act takes  effect  upon
25    becoming law.".