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Sen. Ira I. Silverstein
Filed: 2/14/2006
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| AMENDMENT TO SENATE BILL 2574
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| AMENDMENT NO. ______. Amend Senate Bill 2574 by replacing |
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| everything after the enacting clause with the following:
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| "Section 5. The Illinois Landscape Architecture Act of 1989 |
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| is amended by changing Sections 1, 3, 4, 4.5, 6, 7, 8, 9, 10, |
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| 11, 12, 13, 15, 16, 17, 18, 18.1, 19, 21, 22.1, 23, 24, 25, and |
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| 28 and by adding Sections 2.5, 3.5, 6.5, 11.5, and 12.5 as |
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| follows:
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| (225 ILCS 315/1) (from Ch. 111, par. 8101)
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| (Section scheduled to be repealed on January 1, 2010)
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| Sec. 1. Purpose ; public policy . The practice of landscape |
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| architecture in the State of Illinois is hereby declared to |
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| affect the public health, safety, and welfare and to be subject |
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| to regulation and control in the public interest. It is further |
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| declared to be a matter of public interest and concern that the |
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| practice of landscape architecture, as defined in this Act, |
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| merit and receive the confidence of the public and that only |
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| qualified persons be authorized to practice landscape |
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| architecture in the State of Illinois. This Act shall be |
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| liberally construed to best carry out these subjects and |
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| purposes.
It is the purpose of this Act to provide for the
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| registration of landscape architects.
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| (Source: P.A. 86-932.)
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| (225 ILCS 315/2.5 new) |
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| (Section scheduled to be repealed on January 1, 2010) |
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| Sec. 2.5. Application of Act. Nothing in this Act shall be |
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| deemed or construed to prevent the practice of architecture, as |
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| defined in the Architecture Practice Act of 1989, or the |
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| practice of professional engineering, as defined in the |
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| Professional Engineering Practice Act of 1989, by persons other |
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| than those licensed in accordance with this Act, the |
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| Architectural Practice Act of 1989, or the Professional |
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| Engineering Practice Act of 1989.
Nothing contained in this Act |
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| shall prevent students, project representatives, or other |
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| employees of those lawfully practicing as licensed landscape |
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| architects under the provisions of this Act from acting under |
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| the direct supervision and control of their supervisors or |
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| employers or prevent such project representatives from acting |
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| under the direct supervision and control of the licensed |
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| landscape architect by whom the construction documents, |
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| including drawings and specifications, were prepared. Nothing |
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| in this Act shall be deemed or construed to prevent work |
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| performed for a site plan for a one to 4 family residence. |
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| Nothing in this Act shall be construed to prevent the practice |
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| of a nurseryman, landscape designer, or landscape contractor |
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| who provides horticultural consultations or prepares planting |
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| plans for plant installations.
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| (225 ILCS 315/3) (from Ch. 111, par. 8103)
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| (Section scheduled to be repealed on January 1, 2010)
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| Sec. 3. Definitions. As used in this Act:
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| (a) "Board" means the Illinois Landscape Architect |
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| Licensing
Registration Board.
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| (b) "Department" means the Illinois Department of |
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| Financial and Professional Regulation.
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| (c) " Secretary
Director " means the Secretary
Director of |
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| Financial and Professional Regulation.
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| (d) "Landscape Architect" means a person who, based on |
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| education,
experience, and examination
or both in the field of |
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| landscape architecture, is licensed
eligible to
register under |
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| this Act.
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| (e) "Landscape Architecture" means the art and science of |
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| arranging land,
together with the spaces and objects upon it, |
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| for the purpose of creating a
safe, efficient, healthful, and |
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| aesthetically pleasing physical environment
for human use and |
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| enjoyment.
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| (f) "Landscape Architectural Practice" means the offering |
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| or furnishing
of professional services in connection with a |
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| landscape architecture
project including, but not limited to, |
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| providing preliminary studies;
developing design concepts; |
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| planning for the relationships of physical
improvements and |
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| intended uses of the site; establishing form and aesthetic
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| elements; analyzing and providing for life safety |
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| requirements; developing
those construction details on the |
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| site which are exclusive of any building
or structure and do |
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| not require the seal of an engineer, architect, or
structural |
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| engineer; administering construction projects, managing |
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| projects, and managing construction, as these activities |
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| relate to landscaping features; preparing and coordinating |
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| technical submissions; and
conducting site observation of a |
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| landscape architecture project , including those services set |
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| forth in Section 3.5 of this Act .
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| (g) "Person" means any person, sole proprietorship, or |
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| entity such as a
partnership, professional service |
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| corporation, or corporation.
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| (Source: P.A. 86-932.)
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| (225 ILCS 315/3.5 new)
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| (Section scheduled to be repealed on January 1, 2010) |
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| Sec. 3.5. Scope of practice. The practice of landscape |
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| architecture applies the principles of mathematics and the |
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| physical and social sciences in consultation, evaluation, |
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| planning, and design, including, but not limited to, the |
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| preparation and filing of plans, drawings, specifications, and |
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| other contract documents and the administration of contracts |
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| relative to projects principally directed at the functional and |
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| aesthetic use and preservation of land. These practices |
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| include, but are not limited to, landscaping activities that |
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| involve the following: |
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| (1) The investigation, selection, and allocation of |
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| land and water resources for appropriate uses. |
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| (2) The formulation of feasibility studies and graphic |
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| and written criteria to govern the planning, design, and |
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| management of land and water resources. |
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| (3) The preparation, review, and analysis of land use |
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| master plans, subdivision plans, and preliminary plats. |
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| (4) The determination of the location and site of |
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| improvements, including buildings
and other features, as |
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| well as the access and environs for those improvements. |
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| (5) The design of land forms, grading of landscape |
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| features, drainage in relation to landscape features and |
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| plantings, landscape features that mitigate storm water |
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| impacts, subsurface drainage for plantings and landscape |
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| architectural features, soil conservation and erosion |
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| control methods, site lighting, amphitheaters, plazas, |
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| decks, retaining walls under 54 inches in height, |
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| monuments, flagpoles, site signage, benches, seat walls, |
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| pedestrian bridges, railings, pedestrian ramps, paving, |
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| water features, irrigation systems, plantings, pedestrian |
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| and vehicular circulation systems, and related |
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| construction details.
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| (225 ILCS 315/4) (from Ch. 111, par. 8104)
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| (Section scheduled to be repealed on January 1, 2010)
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| Sec. 4. After the effective date of this Act, no person may |
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| represent
himself to be a landscape architect ,
or use the title |
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| "landscape architect" ,
"registered landscape architect", or |
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| any other title which includes the
words "landscape architect" |
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| or "landscape architecture" , or engage in landscape |
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| architectural practice, unless licensed
registered under this |
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| Act.
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| (Source: P.A. 86-932.)
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| (225 ILCS 315/4.5)
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| (Section scheduled to be repealed on January 1, 2010)
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| Sec. 4.5. Unlicensed
Unregistered practice; violation; |
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| civil penalty.
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| (a) Any person who practices, offers to practice, attempts |
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| to practice, or
holds oneself out to practice landscape |
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| architecture without being licensed
registered
under this Act |
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| shall, in
addition to any other penalty provided by law, pay a |
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| civil penalty to the
Department in an amount not to exceed |
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| $5,000 for each offense as determined by
the Department. The |
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| civil penalty shall be assessed by the Department after a
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| hearing is held in accordance with the provisions set forth in |
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| this Act
regarding the provision of a hearing for the |
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| discipline of a licensee.
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| (b) The Department has the authority and power to |
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| investigate any and all
unlicensed activity.
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| (c) The civil penalty shall be paid within 60 days after |
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| the effective date
of the order imposing the civil penalty. The |
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| order shall constitute a judgment
and may be filed and |
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| execution had thereon in the same manner as any judgment
from |
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| any court of record.
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| (Source: P.A. 89-474, eff. 6-18-96.)
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| (225 ILCS 315/6) (from Ch. 111, par. 8106)
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| (Section scheduled to be repealed on January 1, 2010)
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| Sec. 6. Issuance of license
Certificate . Whenever an |
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| applicant for licensure
registration has complied with the |
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| provisions of Section 11 of this Act,
the Department shall |
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| issue a license
certificate
of registration to the applicant as |
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| a licensed
registered landscape architect subject
to the |
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| provisions of this Act.
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| (Source: P.A. 86-932.)
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| (225 ILCS 315/6.5 new) |
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| (Section scheduled to be repealed on January 1, 2010) |
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| Sec. 6.5. Display of license; seal. |
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| (a) Every holder of a landscape architect license shall |
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| display it in a conspicuous place in his or her principal |
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| office. |
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| (b) Every licensed landscape architect shall have a |
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| reproducible seal or facsimile the print of which shall contain |
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| the name of the landscape architect, the license number, and |
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| the words "Licensed Landscape Architect, State of Illinois". |
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| The licensed landscape architect shall affix the signature, |
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| current date, date of license expiration, and seal to the first |
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| sheet of any bound set or loose sheets of technical submissions |
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| utilized as contract documents between the parties to the |
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| contract or prepared for the review and approval of any |
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| governmental or public authority having jurisdiction by that |
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| landscape architect or under that landscape architect's |
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| responsible control. The sheet of technical submissions in |
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| which the seal is affixed shall indicate those documents or |
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| parts thereof for which the seal shall apply. The seal and |
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| dates may be electronically affixed. The signature must be in |
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| the original handwriting of the licensee. Signatures generated |
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| by computer shall not be permitted. All technical submissions |
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| issued by any corporation, partnership, professional service |
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| corporation, or professional design firm as licensed under this |
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| Act shall contain the corporate or assumed business name and |
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| design firm license number, in addition to any other seal |
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| requirements set forth in this Section. |
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| (c) In this Section, "responsible control" means that |
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| amount of control over, and detailed professional knowledge of, |
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| the content of technical submissions during their preparation |
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| as is ordinarily exercised by landscape architects applying the |
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| required professional standard of care. Merely reviewing, or |
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| reviewing and correcting, the technical submissions or any |
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| portion thereof prepared by those not in the regular employment |
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| of the office where the landscape architect is resident without |
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| control over the content of such work throughout its |
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| preparation does not constitute "responsible control". |
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| (d) A landscape architect licensed under this Act shall not |
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| sign and seal technical submissions that have not been prepared |
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| by or under the responsible control of the landscape architect, |
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| except that:
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| (1) the landscape architect may sign and seal those |
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| portions of the technical submissions that were prepared by |
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| or under the responsible control of persons who hold a |
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| license under this Act, and who have signed and sealed the |
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| documents, if the architect has reviewed, in whole or in |
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| part, such portions and has either coordinated their |
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| preparation or integrated them into his or her work; |
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| (2) the landscape architect may sign and seal portions |
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| of the professional work that are not required by this Act |
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| to be prepared by or under the responsible control of a |
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| landscape architect, if the landscape architect has |
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| reviewed and adopted, in whole or in part, such portions |
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| and has integrated them into his or her work; and |
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| (3) a partner or corporate officer of a professional |
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| design firm registered in Illinois and licensed under this |
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| Act, who has professional knowledge of the content of the |
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| technical submissions and intends to be responsible for the |
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| adequacy of the technical submissions, may sign and seal |
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| technical submissions that are prepared by or under the |
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| responsible control of architects who are licensed in this |
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| State and who are in the regular employment of the |
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| professional design firm. |
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| (e) The landscape architect exercising responsible control |
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| over the preparation of documents or portions of documents |
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| shall be identified on the documents or portions of documents |
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| by name and Illinois license number. |
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| (f) Any licensed landscape architect who signs and seals |
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| technical submissions not prepared by that landscape architect |
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| but prepared under his or her responsible control by persons |
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| not regularly employed in the office where the landscape |
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| architect is resident shall maintain and make available to the |
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| Board upon request for at least 5 years following such signing |
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| and sealing, adequate and complete records demonstrating the |
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| nature and extent of the landscape architect's control over and |
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| detailed professional knowledge of such technical submissions |
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| throughout their preparation.
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| (225 ILCS 315/7) (from Ch. 111, par. 8107)
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| (Section scheduled to be repealed on January 1, 2010)
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| Sec. 7. Current Address. Every landscape
architect shall |
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| maintain a current address with the Department.
It shall be the |
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| responsibility of the licensee
registrant to notify the |
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| Department in
writing of any change of address.
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| (Source: P.A. 91-255, eff. 12-30-99.)
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| (225 ILCS 315/8) (from Ch. 111, par. 8108)
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| (Section scheduled to be repealed on January 1, 2010)
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| Sec. 8. Powers and Duties of the Department.
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| (a) The Department shall exercise the powers and duties |
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| prescribed by the
Civil Administrative Code of Illinois for the |
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| administration of licensing
acts and shall exercise such other |
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| powers and duties vested by this Act.
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| (b) The Department shall promulgate rules and regulations |
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| consistent
with the provisions of this Act for the |
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| administration and enforcement
thereof which shall include |
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| standards and criteria for licensure
registration and
for the |
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| payment of fees connected therewith.
The Department shall |
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| prescribe forms required for the administration of this Act.
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| (c) The Department shall consult the Landscape |
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| Architecture Board in
promulgating rules and
regulations. |
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| Notice of proposed rulemaking shall be transmitted to the
Board |
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| and the Department shall review the Board's response and any
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| recommendations made therein. The Department shall notify the |
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| Board in
writing of the explanation for any deviations from the |
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| Board's
recommendations and response.
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| (d) The Department may at any time seek the advice and the |
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| expert
knowledge of the Board on any matter relating to the |
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| administration of this Act.
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| (e) The Department shall issue a quarterly report to the |
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| Board setting
forth the status of all complaints received by |
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| the Department related to
the landscape architecture practice.
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| (f) The Department shall maintain membership and |
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| representation in the national body composed of state licensing |
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| and testing boards for landscape architects.
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| (Source: P.A. 86-932.)
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| (225 ILCS 315/9) (from Ch. 111, par. 8109)
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| (Section scheduled to be repealed on January 1, 2010)
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| Sec. 9. Composition, qualification, and terms of Board.
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| (a) The Secretary
Director shall appoint the Illinois |
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| Landscape Architecture Licensing
a Board consisting of 5 |
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| persons
who are residents of the State of Illinois and who |
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| shall be appointed by
and shall serve in an advisory capacity |
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| to the Secretary
Director . Four persons
shall be individuals |
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| experienced in landscape architectural work who would
qualify |
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| upon application to the Department under the provisions of this |
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| Act
to be a licensed
registered landscape architects, one of |
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| whom shall be a tenured member
of the landscape architecture |
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| faculty of a university located within this State that |
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| maintains an accredited school of landscape architecture
the |
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| University of Illinois and 3
of whom shall have engaged in |
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| landscape architectural work for at least 5
years. The fifth |
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| person shall be a public member, not an employee of the
State |
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| of Illinois, who is not licensed
registered under this Act or a |
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| similar Act of
another jurisdiction. The public member may not |
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| be elected or appointed as
chairman of the Board or serve in |
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| such capacity in any other manner.
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| (b) Members of the Board shall serve 5 year terms and until |
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| their
successors are appointed and qualified. No member shall |
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| be
reappointed to the Board for a term which would cause that |
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| member's
cumulative service on the Board to be longer than 10 |
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| years.
No member who is an initial appointment to the Board |
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| shall be reappointed
to the Board for a term which would cause |
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| that member's cumulative service
on the Board to be longer than |
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| 13 years. Appointments
to fill vacancies shall be made in the |
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| same manner as original appointments
for the unexpired portion |
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| of the vacated term. Initial terms shall begin
upon the |
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| effective date of this Act.
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| (c) The Secretary
Director may remove any member of the |
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| Board for cause, which may
include without limitation a member |
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| who does not attend 2 consecutive
meetings.
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| (d) The Secretary
Director shall consider the |
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| recommendations of the Board on
questions involving standards |
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| of professional conduct, discipline, and
qualifications of |
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| candidates and registrants under this Act.
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| (e) A quorum of the Board shall consist of a majority of |
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| members currently
appointed. A majority vote of the quorum is |
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| required for Board
board decisions.
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| (f) The Board shall annually elect a chairperson and vice |
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| chairperson, both
of whom shall be licensed landscape |
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| architects.
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| (Source: P.A. 91-255, eff. 12-30-99.)
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| (225 ILCS 315/10) (from Ch. 111, par. 8110)
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| (Section scheduled to be repealed on January 1, 2010)
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| Sec. 10. Application for licensure
Registration . An |
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| application for licensure
registration shall be made to the |
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| Department in writing on forms prescribed
by the Department and |
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| shall be accompanied by the required fee, which shall
not be |
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| returnable. The application shall require such information as, |
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| in
the judgment of the Department, will enable the Department |
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| to pass on the
qualifications of the applicant for licensure
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| registration .
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| (Source: P.A. 86-932.)
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| (225 ILCS 315/11) (from Ch. 111, par. 8111)
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| (Section scheduled to be repealed on January 1, 2010)
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| Sec. 11. Licensure
Registration
Qualifications.
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| (a) Every person applying to the Department for licensure
|
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| registration shall do so
on forms approved by the Department |
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| and shall pay the required fee. Every
person applying to the |
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| Department for licensure
registration
shall submit, with his |
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| application, satisfactory evidence that the person
holds an |
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| approved professional degree in landscape architecture from an
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| approved and accredited program, as such terms are defined by |
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| the rules and
regulations of the Department, and that he has |
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| had such practical
experience in landscape architectural work |
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| as shall be required by the
rules and regulations of the |
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| Department. Every
In lieu of evidence of any
approved |
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| professional degree in landscape architecture, the applicant |
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| may
submit satisfactory evidence of such other education or |
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| experience as shall
be required by the rules and regulations of |
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| the Department; provided,
however, that after January 1, 1993 |
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| every applicant for initial licensure
registration
must have an
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| approved professional degree.
If an applicant is qualified the |
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| Department shall,
by means of a written examination, examine |
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| the applicant on such technical
and professional subjects as |
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| shall be required by the rules and regulations
of the |
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| Department.
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| (b) The Department may exempt from such written examination |
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| an applicant
who holds a certificate of qualification issued by |
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| the National Council of
Landscape Architecture Registration |
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| Boards, or who holds a license
registration in
another state |
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| which has equivalent or substantially equivalent requirements
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| as the State of Illinois.
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| (c) The Department shall adopt rules determining |
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| requirements for practical training and
education. The |
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| Department may also adopt the examinations and recommended
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| grading procedures of the National
Council of Landscape |
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| Architectural Registration Boards and the
accreditation |
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| procedures of the Landscape Architectural Accrediting Board.
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| The Department shall issue a license
certificate of |
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| registration to each applicant who satisfies
the requirements |
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| set forth in this Section. Such licensure
registration shall be
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| effective upon issuance.
|
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| (d) If an applicant neglects, fails without an approved |
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| excuse, or
refuses to take an examination or fails to pass an |
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| examination to obtain a license
certificate of registration
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| under this Act within 3 years after filing the
application, the |
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| application shall be denied. However, such applicant may
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| thereafter submit a new application accompanied by the required |
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| fee.
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| (e) (Blank).
Any person who has been engaged in the |
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| practice of landscape
architecture prior to the effective date |
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| of this Act, shall, upon
application within 2 years from the |
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| effective date of this Act and upon
payment of the required |
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| current registration fee and application fee, be
issued |
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| registration without examination upon furnishing to the |
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| Department
satisfactory proof that he was so engaged prior to |
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| such date. The
Director, through the Board, shall accept as |
2 |
| satisfactory evidence of the
competency and qualifications of |
3 |
| the applicant for registration the following:
|
4 |
| (1) A diploma of graduation or satisfactory completion |
5 |
| certificate
from a college, school, or university offering |
6 |
| an accredited program in
landscape architecture, together |
7 |
| with evidence of at least 2 years of actual,
practical
|
8 |
| experience in landscape architectural work of a grade and |
9 |
| character
acceptable to the Board; or
|
10 |
| (2) Evidence that the applicant has a total of at least |
11 |
| 7 years of actual,
practical
experience in landscape |
12 |
| architectural work of a grade and character
acceptable to |
13 |
| the Board and has been actually engaged in the active
|
14 |
| practice of landscape architecture for not less than 4 |
15 |
| years
immediately prior to the effective date of this Act.
|
16 |
| (Source: P.A. 91-255, eff. 12-30-99.)
|
17 |
| (225 ILCS 315/11.5 new)
|
18 |
| (Section scheduled to be repealed on January 1, 2010) |
19 |
| Sec. 11.5. Registrants deemed licensed. Any landscape |
20 |
| architect registered under this Act on the effective date of |
21 |
| this amendatory Act of the 94th General Assembly shall be |
22 |
| deemed licensed under this Act until such time as his or her |
23 |
| registration is revoked. Upon the revocation of the valid |
24 |
| registration, the requirements for license renewal, license |
25 |
| restoration, or administrative proceedings shall apply.
|
26 |
| (225 ILCS 315/12) (from Ch. 111, par. 8112)
|
27 |
| (Section scheduled to be repealed on January 1, 2010)
|
28 |
| Sec. 12. Licensure; renewal; restoration
Registration, |
29 |
| Renewal, Restoration .
|
30 |
| (a) The expiration date and renewal period for each license
|
31 |
| registration issued
under this Act shall be prescribed by the |
32 |
| rules and regulations of the Department.
|
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09400SB2574sam001 |
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| (b) Any person who has permitted his license
registration
|
2 |
| to expire or who has
had his license
registration on inactive |
3 |
| status may have his license
registration restored
by applying |
4 |
| to the Department, filing proof acceptable to the
Department of |
5 |
| his fitness to have the license
registration restored, which |
6 |
| may
include sworn evidence certifying to active practice in |
7 |
| another
jurisdiction satisfactory to the Department and paying |
8 |
| the required restoration fee.
|
9 |
| (c) If the person has not maintained an active practice in |
10 |
| another
jurisdiction satisfactory to the Department, the Board |
11 |
| shall
determine, by an evaluation program established by rule, |
12 |
| the person's
fitness to resume active status and may
require |
13 |
| the successful completion of an examination.
|
14 |
| (d) However, any person whose license
registration has |
15 |
| expired while he has been
engaged: (1) in Federal Service on |
16 |
| active duty with the Armed Forces of the
United States or the |
17 |
| State Militia called into service or training; or (2)
in |
18 |
| training or education under the supervision of the United |
19 |
| States
preliminary to induction into the military service, may |
20 |
| have his license
registration renewed or restored without |
21 |
| paying any lapsed renewal fees if,
within 2 years after |
22 |
| termination of such service, training or education
other than |
23 |
| by dishonorable discharge, he furnishes the Department with
|
24 |
| satisfactory evidence to the effect that he has been so engaged |
25 |
| and that
the service, training or education has been so |
26 |
| terminated.
|
27 |
| (e) Each application for renewal shall contain the |
28 |
| signature of the landscape architect.
|
29 |
| (Source: P.A. 86-932.)
|
30 |
| (225 ILCS 315/12.5 new) |
31 |
| (Section scheduled to be repealed on January 1, 2010) |
32 |
| Sec. 12.5. Continuing education. The Department may adopt |
33 |
| rules of continuing education for persons licensed under this |
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09400SB2574sam001 |
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| Act. The Department shall consider the recommendations of the |
2 |
| Board in establishing the guidelines for the continuing |
3 |
| education requirements. Rules adopted under this Section apply |
4 |
| to any person seeking renewal or restoration of licensure under |
5 |
| this Act. The continuing education shall consist of at least 6 |
6 |
| hours per year and may include relevant courses offered in |
7 |
| various formats or mediums.
|
8 |
| (225 ILCS 315/13) (from Ch. 111, par. 8113)
|
9 |
| (Section scheduled to be repealed on January 1, 2010)
|
10 |
| Sec. 13. Inactive Status.
|
11 |
| (a) Any landscape architect who notifies the Department in |
12 |
| writing on
forms prescribed by the Department may elect to |
13 |
| place
his license
registration on an inactive status and shall |
14 |
| be excused from payment of
renewal fees until he notifies the |
15 |
| Department in writing of his desire to
resume active status.
|
16 |
| (b) Any person whose license has been expired for more than |
17 |
| 3 years may have
his license restored by making application to |
18 |
| the Department and filing
proof acceptable to the Department of |
19 |
| his fitness to have his license
restored, including evidence |
20 |
| certifying to active practice in another
jurisdiction, and by |
21 |
| paying the required restoration fee.
|
22 |
| (c) Any landscape architect whose license
registration is |
23 |
| in an inactive status,
has been suspended or revoked, or has |
24 |
| expired shall not practice landscape architecture nor
|
25 |
| represent himself
to be a landscape architect or use the title |
26 |
| "landscape architect",
" licensed registered landscape |
27 |
| architect", or any other title which includes the
words |
28 |
| "landscape architect".
|
29 |
| (Source: P.A. 86-932.)
|
30 |
| (225 ILCS 315/15) (from Ch. 111, par. 8115)
|
31 |
| (Section scheduled to be repealed on January 1, 2010)
|
32 |
| Sec. 15. Disposition of funds. All of the fees collected |
|
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09400SB2574sam001 |
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| pursuant
to this Act shall be deposited in the General |
2 |
| Professions Dedicated Fund.
|
3 |
| On January 1, 2000 the State Comptroller shall transfer the |
4 |
| balance of the
monies in the Landscape Architects' |
5 |
| Administration and Investigation Fund into
the General |
6 |
| Professions Dedicated Fund. Amounts appropriated for fiscal |
7 |
| year
2000 out of the Landscape Architects' Administration and |
8 |
| Investigation Fund may
be paid out of the General Professions |
9 |
| Dedicated Fund.
|
10 |
| The monies deposited in the General Professions Dedicated
|
11 |
| Fund may be used for the expenses of the Department in the
|
12 |
| administration of this Act.
|
13 |
| Moneys from the Fund may also be used for direct and |
14 |
| allocable indirect
costs related to the public purposes of the |
15 |
| Department of Financial and Professional
Regulation. Moneys in |
16 |
| the Fund may be transferred to the Professions
Indirect Cost |
17 |
| Fund as authorized by Section 2105-300 of the Department
of |
18 |
| Professional Regulation Law (20 ILCS 2105/2105-300).
|
19 |
| (Source: P.A. 91-239, eff. 1-1-00; 91-255, eff. 12-30-99; |
20 |
| 92-16, eff.
6-28-01.)
|
21 |
| (225 ILCS 315/16) (from Ch. 111, par. 8116)
|
22 |
| (Section scheduled to be repealed on January 1, 2010)
|
23 |
| Sec. 16. Roster. The Department shall maintain a roster of |
24 |
| the names and
addresses of all licensed
registered landscape |
25 |
| architects. This roster
shall be available upon written request |
26 |
| and payment of the required fee.
|
27 |
| (Source: P.A. 86-932.)
|
28 |
| (225 ILCS 315/17) (from Ch. 111, par. 8117)
|
29 |
| (Section scheduled to be repealed on January 1, 2010)
|
30 |
| Sec. 17. Advertising. Any person licensed
registered under |
31 |
| this Act may
advertise the availability of professional |
32 |
| services in the public media or
on the premises where such |
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09400SB2574sam001 |
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| professional services are rendered provided that
such |
2 |
| advertising is truthful and not misleading.
|
3 |
| (Source: P.A. 86-932.)
|
4 |
| (225 ILCS 315/18) (from Ch. 111, par. 8118)
|
5 |
| (Section scheduled to be repealed on January 1, 2010)
|
6 |
| Sec. 18. Violation; injunction; cease and desist order.
|
7 |
| (a) If any
person violates the
provisions of this Act, the |
8 |
| Secretary
Director may, in the name of the People of the
State |
9 |
| of Illinois, through the Attorney General of the State of |
10 |
| Illinois
or the State's Attorney of any county in which the |
11 |
| action is brought, petition
for an order enjoining such |
12 |
| violation and for an order enforcing compliance
with this Act. |
13 |
| Upon the filing of a verified petition in court, the court
may |
14 |
| issue a temporary restraining order, without notice or bond, |
15 |
| and may
preliminarily and permanently enjoin
such violation. If |
16 |
| it is established that such person has violated or
is violating |
17 |
| the injunction, the Court may punish the offender for contempt
|
18 |
| of court. Proceedings under this Section shall be in addition |
19 |
| to, and not
in lieu of, all other remedies and penalties |
20 |
| provided by this Act.
|
21 |
| (b) If any person shall practice landscape architecture or
|
22 |
| hold himself out as a "landscape architect" or
"registered |
23 |
| landscape architect" without being licensed
registered under |
24 |
| the
provisions of this Act, then any licensed
registered
|
25 |
| landscape architect, any
interested party , or any person |
26 |
| injured thereby may, in addition to the
Secretary
Director , |
27 |
| petition for relief as provided in subsection (a) of this |
28 |
| Section.
|
29 |
| (c) Whoever holds himself out as a "landscape architect" or |
30 |
| a " licensed
registered
landscape architect" or engages in |
31 |
| landscape architectural practice
in this State without being |
32 |
| licensed
registered for that purpose shall be guilty of
a Class |
33 |
| A misdemeanor, and for each subsequent conviction shall be |
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09400SB2574sam001 |
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| guilty
of a Class 4 felony.
|
2 |
| (d) Whenever, in the opinion of the Department, a person |
3 |
| violates any
provision of this Act, the Department may issue a |
4 |
| rule to show cause why an
order to cease and desist should not |
5 |
| be entered against that person. The rule
shall clearly set |
6 |
| forth the grounds relied upon by the Department and shall
allow |
7 |
| the person at least 7 days from the date of the rule to file an |
8 |
| answer
that is satisfactory
to the Department. Failure to |
9 |
| answer to the satisfaction of the Department
shall cause an |
10 |
| order to cease and desist to be issued.
|
11 |
| (Source: P.A. 88-363.)
|
12 |
| (225 ILCS 315/18.1)
|
13 |
| (Section scheduled to be repealed on January 1, 2010)
|
14 |
| Sec. 18.1. Grounds for Discipline.
|
15 |
| (a) The Department may refuse to issue, renew, or may |
16 |
| revoke, suspend, place
on probation, reprimand, or take other |
17 |
| disciplinary action as the Department
considers appropriate, |
18 |
| including the issuance of fines not to exceed $1,000 for
each |
19 |
| violation, with regard to any license for any one or more of |
20 |
| the
following:
|
21 |
| (1) Material misstatement in furnishing information to |
22 |
| the Department or
to any other State agency.
|
23 |
| (2) Negligent or intentional disregard of this Act, or |
24 |
| violation of any
rules under this Act.
|
25 |
| (3) Conviction of or plea of guilty or nolo contendere |
26 |
| to any crime under the laws of the United States or any
|
27 |
| state or territory thereof that is a felony, or that is a |
28 |
| misdemeanor, an
essential element of which is dishonesty, |
29 |
| or of any crime that is directly
related to the practice of |
30 |
| the profession.
|
31 |
| (4) Making any misrepresentation for the purpose of |
32 |
| obtaining a license,
or violating any provision of this Act |
33 |
| or its rules.
|
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09400SB2574sam001 |
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| (5) Professional incompetence or gross negligence in |
2 |
| the rendering of
landscape architectural services.
|
3 |
| (6) Aiding or assisting another person in violating any |
4 |
| provision of this
Act or any rules.
|
5 |
| (7) Failing to provide information within 60 days in |
6 |
| response to a written
request made by the Department.
|
7 |
| (8) Engaging in dishonorable, unethical, or |
8 |
| unprofessional conduct of a
character likely to deceive, |
9 |
| defraud, or harm the public and violating the
rules of |
10 |
| professional conduct adopted by the Department.
|
11 |
| (9) Habitual or excessive use or addiction to alcohol, |
12 |
| narcotics,
stimulants, or any other chemical agent or drug |
13 |
| that results in an inability to
practice with reasonable |
14 |
| skill, judgment, or safety.
|
15 |
| (10) Discipline by another jurisdiction, if at least |
16 |
| one of the grounds
for the discipline is the same or |
17 |
| substantially equivalent to those set forth
in this |
18 |
| Section.
|
19 |
| (11) Directly or indirectly giving to or receiving from |
20 |
| any person, firm,
corporation, partnership, or association |
21 |
| any fee, commission, rebate, or other
form of compensation |
22 |
| for any professional service not actually rendered.
|
23 |
| (12) A finding by the Board that the licensee, after |
24 |
| having the license
placed on probationary status, has |
25 |
| violated the terms of probation.
|
26 |
| (12.5) A finding by the Board that the licensee has |
27 |
| failed to pay a fine
imposed by the Department.
|
28 |
| (13) Abandonment of a client.
|
29 |
| (14) Willfully filing false reports relating to a |
30 |
| licensee's practice,
including but not limited to, false |
31 |
| records filed with federal or State
agencies
or |
32 |
| departments.
|
33 |
| (15) Being named as a perpetrator in an indicated |
34 |
| report by the Department
of Children and Family Services |
|
|
|
09400SB2574sam001 |
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| under the Abused and Neglected Child
Reporting Act, and |
2 |
| upon proof by clear and convincing evidence that the
|
3 |
| licensee has caused a child to be an abused child or |
4 |
| neglected child as defined
in the Abused and Neglected |
5 |
| Child Reporting Act.
|
6 |
| (16) Physical or mental disability, including |
7 |
| deterioration through the
aging process or loss of |
8 |
| abilities and skills that results in the inability to
|
9 |
| practice the profession with reasonable judgment, skill, |
10 |
| or safety.
|
11 |
| (17) Solicitation of professional services by using |
12 |
| false or misleading
advertising.
|
13 |
| (18) Failure to file a return, or to pay the tax, |
14 |
| penalty, or interest
shown in a filed return, or to pay any |
15 |
| final assessment of tax, penalty, or
interest, as required |
16 |
| by any tax Act administered by the Illinois Department of
|
17 |
| Revenue or any successor agency or the Internal Revenue |
18 |
| Service or any
successor agency.
|
19 |
| (b) Any fines imposed under this Section shall not exceed |
20 |
| $10,000
$1,000 for each
violation.
|
21 |
| (c) The determination by a court that a licensee is subject |
22 |
| to involuntary
admission or judicial admission as provided in |
23 |
| the Mental Health and
Developmental Disabilities Code will |
24 |
| result in an automatic suspension of his
or her license. The |
25 |
| suspension will end upon a finding by a court that the
licensee |
26 |
| is no longer subject to involuntary admission or judicial |
27 |
| admission,
the issuance of an order so finding and discharging |
28 |
| the patient, and the
recommendation of the Board to the |
29 |
| Secretary
Director that the licensee be allowed to
resume |
30 |
| professional practice.
|
31 |
| (d) In enforcing this Section, the Board, upon a showing of |
32 |
| a possible
violation, may compel a person licensed
registered
|
33 |
| under this Act or who has
applied for licensure
registration
|
34 |
| pursuant to this Act to submit to a
mental or physical |
|
|
|
09400SB2574sam001 |
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| examination, or both, as required by and at the expense of
the |
2 |
| Department. The examining physicians shall be those |
3 |
| specifically
designated by the Board. The Board or the |
4 |
| Department may order the examining
physician to present |
5 |
| testimony concerning this mental or physical examination
of the |
6 |
| registrant or applicant. No information shall be excluded by |
7 |
| reason of
any common law or statutory privilege relating to |
8 |
| communications between the licensee
registrant or applicant |
9 |
| and the examining physician. The person to be
examined
may
|
10 |
| have, at his or her own expense, another physician of his or |
11 |
| her choice present
during all aspects of the examination. |
12 |
| Failure of any person to submit to a
mental or physical |
13 |
| examination when directed shall be grounds for suspension
of a |
14 |
| license
registration until the person submits to the |
15 |
| examination if the Board
finds,
after notice and hearing, that |
16 |
| the refusal to submit to the examination was
without reasonable |
17 |
| cause.
|
18 |
| If the Board finds a person unable to practice because of |
19 |
| the reasons set
forth in this Section, the Board may require |
20 |
| that person to submit to care,
counseling, or treatment by |
21 |
| physicians approved or designated by the Board as
a condition, |
22 |
| term, or restriction for continued, reinstated, or renewed |
23 |
| licensure
registration ; or, in lieu of care, counseling, or |
24 |
| treatment, the Board
may recommend that the Department file a |
25 |
| complaint to immediately suspend,
revoke, or otherwise |
26 |
| discipline the license
registration of the person. Any person
|
27 |
| whose license
registration was granted, continued, reinstated, |
28 |
| renewed, disciplined, or
supervised
subject to such terms, |
29 |
| conditions, or restrictions and who fails to comply
with such |
30 |
| terms, conditions, or restrictions shall be referred to the |
31 |
| Secretary
Director
for a determination as to whether the person |
32 |
| shall have his or her license
registration
suspended |
33 |
| immediately, pending a hearing by the Board.
|
34 |
| (Source: P.A. 91-255, eff. 12-30-99.)
|
|
|
|
09400SB2574sam001 |
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|
1 |
| (225 ILCS 315/19) (from Ch. 111, par. 8119)
|
2 |
| (Section scheduled to be repealed on January 1, 2010)
|
3 |
| Sec. 19. Investigation; notice and hearing. The Department |
4 |
| may
investigate the actions or qualifications of any applicant |
5 |
| or person
holding or claiming to hold a certificate of license
|
6 |
| registration . The Department
shall, before suspending or |
7 |
| revoking, placing on probation, reprimanding, or
taking any |
8 |
| other disciplinary action under Section 18.1 of this Act, at
|
9 |
| least 30 days before the
date set for the hearing, notify the |
10 |
| applicant or holder of a certificate of license
registration in |
11 |
| writing
of the nature of the
charges
and that a hearing will be |
12 |
| held on the date designated. The
written
notice may be served |
13 |
| by personal delivery or certified or registered mail
to the
|
14 |
| applicant or licensee at the address of his last
notification |
15 |
| to the Department.
The Department shall direct the applicant or |
16 |
| licensee to file a written
answer with
the Department, under |
17 |
| oath, within 20 days after the service of the notice, and
|
18 |
| inform the person that if he or she fails to file an answer, |
19 |
| his or her license
may be revoked, suspended, placed on |
20 |
| probation, reprimanded, or the Department
may take any other |
21 |
| additional disciplinary action including the issuance of
|
22 |
| fines, not to exceed $1,000 for each violation, as the |
23 |
| Department may consider
necessary, without a hearing. At the |
24 |
| time and place fixed in the notice, the
Board shall proceed to |
25 |
| hear the charges and the parties or their counsel. All
parties |
26 |
| shall
be accorded an opportunity to present any statements, |
27 |
| testimony, evidence,
and arguments as may be pertinent to the |
28 |
| charges or to their defense. The
Board may continue the hearing |
29 |
| from time to time.
|
30 |
| (Source: P.A. 87-1031; 88-363.)
|
31 |
| (225 ILCS 315/21) (from Ch. 111, par. 8121)
|
32 |
| (Section scheduled to be repealed on January 1, 2010)
|
|
|
|
09400SB2574sam001 |
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|
1 |
| Sec. 21. Subpoenas; depositions; oaths. The Department has
|
2 |
| power to subpoena and bring before it any person and to take
|
3 |
| testimony either orally or by deposition, or both, with the |
4 |
| same fees and
mileage and in the same manner as prescribed
in |
5 |
| civil cases in circuit courts of this State.
|
6 |
| The Secretary
Director , the designated hearing officer, |
7 |
| and every member of the
Board has the power to
administer oaths |
8 |
| to witnesses at any hearing which the Department is
authorized |
9 |
| to conduct, and any other oaths
authorized in
any Act |
10 |
| administered by the Department.
|
11 |
| (Source: P.A. 88-363.)
|
12 |
| (225 ILCS 315/22.1)
|
13 |
| (Section scheduled to be repealed on January 1, 2010)
|
14 |
| Sec. 22.1. Findings and recommendations. At the conclusion |
15 |
| of the
hearing, the Board shall present to the Secretary
|
16 |
| Director a written report of its
findings of fact, conclusions |
17 |
| of law, and recommendations. The report shall
contain a finding |
18 |
| whether the licensee violated this Act or failed to comply
with |
19 |
| the conditions required in this Act. The Board shall specify |
20 |
| the nature
of the violation or failure to comply, and shall |
21 |
| make its recommendations to
the Secretary
Director .
|
22 |
| The report of findings of fact, conclusions of law, and |
23 |
| recommendation of the
Board shall be the basis for the |
24 |
| Department's order for refusal or for the
granting of the |
25 |
| license. If the Secretary
Director disagrees with the |
26 |
| recommendations of
the Board, the Secretary
Director may issue |
27 |
| an order in contravention of the Board
recommendations. The |
28 |
| Secretary
Director shall provide a written report to the Board |
29 |
| on
any disagreement and shall specify the reasons for the |
30 |
| action in the final
order. The findings are not admissible in |
31 |
| evidence against the person in a
criminal prosecution for |
32 |
| violation of this Act, but the hearing and
findings are not a |
33 |
| bar to a criminal prosecution for violation of
this Act.
|
|
|
|
09400SB2574sam001 |
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LRB094 18855 RAS 55947 a |
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|
1 |
| (Source: P.A. 88-363.)
|
2 |
| (225 ILCS 315/23) (from Ch. 111, par. 8123)
|
3 |
| (Section scheduled to be repealed on January 1, 2010)
|
4 |
| Sec. 23. Board; Rehearing. At the conclusion of
the |
5 |
| hearing, a
copy of the Board's report shall be served upon the |
6 |
| accused
person, either
personally or as provided in this Act |
7 |
| for
the service of the notice. Within 20 days after such |
8 |
| service, the
applicant or licensee may present to the |
9 |
| Department
a motion in writing for a
rehearing which shall |
10 |
| specify the particular grounds for rehearing. If no motion for |
11 |
| a rehearing is filed, then upon the
expiration of the time |
12 |
| specified for filing such a motion, or if a motion for
|
13 |
| rehearing is denied, then upon the denial, the Secretary
|
14 |
| Director may enter any order in
accordance with recommendations |
15 |
| of the Board, except as provided in Section 120
of this Act. If |
16 |
| the applicant or licensee requests and pays for a transcript
of |
17 |
| the record within the time for filing a motion for rehearing, |
18 |
| the 20-day
period within which a motion may be filed shall |
19 |
| commence upon the delivery of
the transcript to the applicant |
20 |
| or licensee.
|
21 |
| Whenever the Secretary
Director is not satisfied that |
22 |
| substantial justice has been
done, he may order a rehearing by |
23 |
| the same or another special board. At
the expiration of the |
24 |
| time specified for filing a motion for a rehearing
the |
25 |
| Secretary
Director has the right to take the action recommended |
26 |
| by the Board.
|
27 |
| (Source: P.A. 88-363.)
|
28 |
| (225 ILCS 315/24) (from Ch. 111, par. 8124)
|
29 |
| (Section scheduled to be repealed on January 1, 2010)
|
30 |
| Sec. 24. Appointment of a hearing officer. The Secretary
|
31 |
| Director has the authority to appoint
any attorney licensed to |
32 |
| practice law in the State of Illinois to
serve as the hearing |
|
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| officer in any action
for refusal to issue or renew a license |
2 |
| or permit or to discipline a
licensee. The Secretary
Director
|
3 |
| shall notify the Board of any such appointment. The
hearing
|
4 |
| officer has full authority to conduct the hearing. At least one |
5 |
| member of
the Board shall attend each hearing. The hearing |
6 |
| officer shall report his findings of
fact, conclusions of law |
7 |
| and recommendations to the Board and the Secretary
Director .
|
8 |
| The Board has 60 days from receipt of the report to review
it |
9 |
| and present its findings of fact,
conclusions of law and |
10 |
| recommendations to the Secretary
Director . If the Board fails
|
11 |
| to present its report within the 60 day period, the Secretary
|
12 |
| Director shall issue an
order based on the report of the |
13 |
| hearing officer. If the Secretary
Director
disagrees with the |
14 |
| recommendation of the Board
or hearing officer, the Secretary
|
15 |
| Director
may issue an order in contravention of the |
16 |
| recommendation. The
Secretary
Director shall promptly provide |
17 |
| a
written explanation to the Board on any disagreement.
|
18 |
| (Source: P.A. 88-363.)
|
19 |
| (225 ILCS 315/25) (from Ch. 111, par. 8125)
|
20 |
| (Section scheduled to be repealed on January 1, 2010)
|
21 |
| Sec. 25. Order or certified copy; prima facie proof. An |
22 |
| order or a
certified copy thereof, over the seal of the |
23 |
| Department and purporting to be
signed by the Secretary
|
24 |
| Director , shall be prima facie proof that:
|
25 |
| (a) the signature is the genuine signature of the |
26 |
| Secretary
Director ;
|
27 |
| (b) the Secretary
Director is duly appointed and |
28 |
| qualified;
and
|
29 |
| (c) the Board and the members thereof are qualified to |
30 |
| act.
|
31 |
| (Source: P.A. 91-357, eff. 7-29-99.)
|
32 |
| (225 ILCS 315/28) (from Ch. 111, par. 8128)
|
|
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| (Section scheduled to be repealed on January 1, 2010)
|
2 |
| Sec. 28. Summary suspension of a license. The Secretary
|
3 |
| Director
may
summarily suspend the license of a landscape
|
4 |
| architect without a hearing,
simultaneously with the |
5 |
| institution of proceedings for a hearing provided
for in |
6 |
| Section 24 of this Act, if the Secretary
Director finds that |
7 |
| evidence in the
possession of the Secretary
Director indicates |
8 |
| that the
continuation in practice by the landscape architect |
9 |
| would
constitute an imminent danger to the public. In the event |
10 |
| that the
Secretary
Director temporarily suspends the license of |
11 |
| an individual
without a
hearing, a hearing must be held within |
12 |
| 30 days after such
suspension has occurred.
|
13 |
| (Source: P.A. 88-363.)
|
14 |
| Section 10. The Professional Engineering Practice Act of |
15 |
| 1989 is amended by changing Section 4 as follows:
|
16 |
| (225 ILCS 325/4) (from Ch. 111, par. 5204)
|
17 |
| (Section scheduled to be repealed on January 1, 2010)
|
18 |
| Sec. 4. Definitions. As used in this Act:
|
19 |
| (a) "Approved engineering curriculum" means
an engineering |
20 |
| curriculum or program
of 4 academic years or more which meets |
21 |
| the standards established by the
rules of the Department.
|
22 |
| (b) "Board" means the State Board of Professional Engineers |
23 |
| of the
Department of Professional Regulation, previously known |
24 |
| as the Examining
Committee.
|
25 |
| (c) "Department" means the Department of Professional |
26 |
| Regulation.
|
27 |
| (d) "Design professional" means an architect, structural |
28 |
| engineer or
professional engineer , or landscape architect
|
29 |
| practicing in conformance with the Illinois
Architecture |
30 |
| Practice Act of 1989, the Structural
Engineering Practice Act |
31 |
| of 1989 ,
or the
Professional Engineering Practice Act of 1989 , |
32 |
| or the Illinois Landscape Architecture Act of 1989 .
|
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| (e) "Director" means the Director of Professional |
2 |
| Regulation.
|
3 |
| (f) "Direct supervision/responsible charge" means work
|
4 |
| prepared under the control of a licensed professional engineer |
5 |
| or that
work as to which that professional engineer has |
6 |
| detailed professional
knowledge.
|
7 |
| (g) "Engineering college" means a school, college, |
8 |
| university,
department of a university or other educational |
9 |
| institution, reputable
and in good standing in accordance with |
10 |
| rules prescribed by the
Department, and which grants |
11 |
| baccalaureate degrees in engineering.
|
12 |
| (h) "Engineering system or facility" means a system or |
13 |
| facility whose
design is based upon the application of the |
14 |
| principles of science for
the purpose of modification of |
15 |
| natural states of being.
|
16 |
| (i) "Engineer intern" means a person who is a candidate for
|
17 |
| licensure as a professional engineer and who has been enrolled |
18 |
| as an
engineer intern.
|
19 |
| (j) "Enrollment" means an action by the Department to |
20 |
| record those
individuals who have met the Board's requirements |
21 |
| for an engineer
intern.
|
22 |
| (k) "License" means an official document issued by the |
23 |
| Department to
an individual, a corporation, a partnership, a |
24 |
| professional
service corporation, a limited liability company, |
25 |
| or a sole proprietorship,
signifying authority to
practice.
|
26 |
| (l) "Negligence in the practice of professional |
27 |
| engineering" means the
failure to exercise that degree of |
28 |
| reasonable professional skill, judgment
and diligence normally |
29 |
| rendered by professional engineers in the
practice of |
30 |
| professional engineering.
|
31 |
| (m) "Professional engineer" means a person licensed under |
32 |
| the laws
of the State of Illinois to practice professional |
33 |
| engineering.
|
34 |
| (n) "Professional engineering" means the application of |
|
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| science to the
design of engineering systems and facilities |
2 |
| using the knowledge,
skills, ability and professional judgment |
3 |
| developed through professional
engineering education, training |
4 |
| and experience.
|
5 |
| (o) "Professional engineering practice" means the |
6 |
| consultation on,
conception, investigation, evaluation, |
7 |
| planning, and design of, and
selection of materials to be used |
8 |
| in, administration of
construction contracts for, or site |
9 |
| observation of,
an engineering system
or facility, where such |
10 |
| consultation, conception, investigation,
evaluation, planning, |
11 |
| design, selection, administration, or observation
requires |
12 |
| extensive knowledge of engineering laws, formulae, materials,
|
13 |
| practice, and construction methods. A person shall be construed |
14 |
| to
practice or offer to practice professional engineering, |
15 |
| within the
meaning and intent of this Act, who practices, or |
16 |
| who, by verbal claim,
sign, advertisement, letterhead, card, or |
17 |
| any other way, is represented
to be a professional engineer, or |
18 |
| through the use of the initials "P.E."
or the title "engineer" |
19 |
| or any of its derivations or some other title
implies licensure |
20 |
| as a professional engineer, or holds himself out as able to
|
21 |
| perform any service which is recognized as professional |
22 |
| engineering
practice.
|
23 |
| Examples of the practice of professional engineering |
24 |
| include, but need
not be limited to, transportation facilities |
25 |
| and publicly owned
utilities for a region or community,
|
26 |
| railroads, railways, highways, subways, canals, harbors, river
|
27 |
| improvements; irrigation works; aircraft, airports and landing |
28 |
| fields;
waterworks, piping systems and appurtenances, sewers, |
29 |
| sewage disposal
works; plants for the generation of
power; |
30 |
| devices for the utilization of power; boilers; refrigeration
|
31 |
| plants, air conditioning systems and plants; heating systems |
32 |
| and plants;
plants for the transmission or distribution of |
33 |
| power; electrical plants
which produce, transmit, distribute, |
34 |
| or utilize electrical energy; works
for the extraction of |
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| minerals from the earth; plants for the refining,
alloying or |
2 |
| treating of metals; chemical works and industrial plants
|
3 |
| involving the use of chemicals and chemical processes; plants |
4 |
| for the
production, conversion, or utilization of nuclear, |
5 |
| chemical, or radiant
energy; forensic engineering, |
6 |
| geotechnical engineering including,
subsurface investigations; |
7 |
| soil classification, geology and geohydrology,
incidental to |
8 |
| the practice of professional engineering; energy
analysis, |
9 |
| environmental design, hazardous waste mitigation and control;
|
10 |
| recognition, measurement, evaluation and control of |
11 |
| environmental systems and
emissions; automated building |
12 |
| management systems;
or the provision of professional |
13 |
| engineering site observation of the
construction of works and |
14 |
| engineering systems. Nothing contained in
this Section imposes |
15 |
| upon a person licensed under this Act the
responsibility for |
16 |
| the performance of any of the foregoing functions
unless such |
17 |
| person specifically contracts to provide it.
|
18 |
| (p) "Project representative" means the professional |
19 |
| engineer's
representative at the project site who assists in |
20 |
| the administration of
the construction contract.
|
21 |
| (q) "Registered" means the same as "licensed" for purposes |
22 |
| of this Act.
|
23 |
| (r) "Related science curriculum" means a 4 year program of |
24 |
| study, the
satisfactory completion of which results in a |
25 |
| Bachelor of Science
degree, and which contains courses from |
26 |
| such areas as life, earth,
engineering and computer sciences, |
27 |
| including but not limited to, physics
and chemistry. In the |
28 |
| study of these sciences, the objective is to
acquire |
29 |
| fundamental knowledge about the nature of its phenomena,
|
30 |
| including quantitative expression, appropriate to particular |
31 |
| fields of
engineering.
|
32 |
| (s) "Rules" means those rules promulgated pursuant to this |
33 |
| Act.
|
34 |
| (t) "Seal" means the seal in compliance with Section 14 of |
|
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| this Act.
|
2 |
| (u) "Site observation" is visitation of the construction |
3 |
| site for the
purpose of reviewing, as available, the quality |
4 |
| and conformance of the
work to the technical submissions as |
5 |
| they relate to design.
|
6 |
| (v) "Support design professional" means a professional |
7 |
| engineer
practicing in conformance with the Professional |
8 |
| Engineering Practice Act
of 1989, who provides services to the |
9 |
| design professional who has
contract responsibility.
|
10 |
| (w) "Technical submissions" means designs, drawings, and |
11 |
| specifications
which establish the standard of quality for |
12 |
| materials, workmanship,
equipment, and the construction |
13 |
| systems, studies, and other technical
reports prepared in the |
14 |
| course of a design professional's practice.
|
15 |
| (Source: P.A. 91-91, eff. 1-1-00; 91-92, eff. 1-1-00; 92-16, |
16 |
| eff. 6-28-01;
92-145, eff. 1-1-02.)
|
17 |
| (225 ILCS 315/5 rep.)
|
18 |
| Section 15. The Illinois Landscape Architecture Act of 1989 |
19 |
| is amended by repealing Section 5.
|
20 |
| Section 99. Effective date. This Act takes effect January |
21 |
| 1, 2007.".
|