98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB2721

 

Introduced 2/21/2013, by Rep. Robert Rita

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Regulatory Sunset Act to extend the repeal of the Illinois Certified Shorthand Reporters Act of 1984 from January 1, 2014 to January 1, 2024. Amends the Illinois Certified Shorthand Reporters Act of 1984. Adds Section headings and changes references of "Director" to "Secretary". Makes changes to the provisions concerning uncertified practice, violations, and civil penalties; definitions; restricted certificates; the administration of Act; the Certified Shorthand Reporters Board; the Department's authorization of examinations; expiration, renewal, and military service; endorsement and licensure without examination; fees and returned checks; advertising; grounds for disciplinary action; injunctive actions and orders to cease and desist; investigations and notice and hearing; records of proceedings; subpoenas and oaths; compelling testimony and contempt; the Board's report; hearing officers, reports, and review; order or certified copy and prima facie proof; restoration of license from discipline; suspension; certification of court records and the filing of receipt; penalties; continuing education; home rule; a licensee's responsibility to preserve his or her shorthand notes; and the Administrative Procedure Act. Adds provisions concerning social security numbers on license applications and confidentiality. Repeals a provision concerning practicing in this State or holding oneself out as being able to practice shorthand reporting. Makes other changes. Effective December 31, 2013.


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FISCAL NOTE ACT MAY APPLY
HOME RULE NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Regulatory Sunset Act is amended by changing
5Sections 4.24 and by adding 4.34 as follows:
 
6    (5 ILCS 80/4.24)
7    Sec. 4.24. Acts and Section repealed on January 1, 2014.
8The following Acts and Section of an Act are repealed on
9January 1, 2014:
10    The Electrologist Licensing Act.
11    The Illinois Certified Shorthand Reporters Act of 1984.
12    The Illinois Occupational Therapy Practice Act.
13    The Illinois Public Accounting Act.
14    The Private Detective, Private Alarm, Private Security,
15Fingerprint Vendor, and Locksmith Act of 2004.
16    The Registered Surgical Assistant and Registered Surgical
17Technologist Title Protection Act.
18    Section 2.5 of the Illinois Plumbing License Law.
19    The Veterinary Medicine and Surgery Practice Act of 2004.
20(Source: P.A. 97-1139, eff. 12-28-12.)
 
21    (5 ILCS 80/4.34 new)
22    Sec. 4.34. Act repealed on January 1, 2024. The following

 

 

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1Act is repealed on January 1, 2024:
2    The Illinois Certified Shorthand Reporters Act of 1984.
 
3    Section 10. The Illinois Certified Shorthand Reporters Act
4of 1984 is amended by changing Sections 3, 3.5, 4, 6, 7, 8, 9,
510, 11, 14, 15, 16, 17, 18, 19, 20, 23, 23.1, 23.2, 23.3, 23.4,
623.5, 23.6, 23.7, 23.8, 23.9, 23.10, 23.11, 23.12, 23.13,
723.14, 23.15, 23.16, 24, 25, 26.1, and 27 and by adding
8Sections 12.1 and 23.2a as follows:
 
9    (225 ILCS 415/3)  (from Ch. 111, par. 6203)
10    (Section scheduled to be repealed on January 1, 2014)
11    Sec. 3. License required. No person may practice shorthand
12reporting on a temporary or permanent basis in this State
13without being certified under this Act. This Act does not
14prohibit any non-resident practicing shorthand reporter from
15practicing shorthand reporting in this State as on a purely
16temporary basis with reference to one single proceeding.
17(Source: P.A. 87-481; 87-576.)
 
18    (225 ILCS 415/3.5)
19    (Section scheduled to be repealed on January 1, 2014)
20    Sec. 3.5. Uncertified practice; violation; civil penalty.
21    (a) Any person who practices, offers to practice, attempts
22to practice, or holds oneself out to practice as a shorthand
23reporter without being certified under this Act shall, in

 

 

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1addition to any other penalty provided by law, pay a civil
2penalty to the Department in an amount not to exceed $10,000
3$5,000 for each offense as determined by the Department and the
4assessment of costs as provided under Section 23.3 of this Act.
5The civil penalty shall be assessed by the Department after a
6hearing is held in accordance with the provisions set forth in
7this Act regarding the provision of a hearing for the
8discipline of a licensee.
9    (b) The Department has the authority and power to
10investigate any and all unlicensed activity.
11    (c) The civil penalty shall be paid within 60 days after
12the effective date of the order imposing the civil penalty. The
13order shall constitute a judgment and may be filed and
14execution had thereon in the same manner as any judgment from
15any court of record.
16    (d) All moneys collected under this Section shall be
17deposited into the General Professions Dedicated Fund.
18(Source: P.A. 89-474, eff. 6-18-96.)
 
19    (225 ILCS 415/4)  (from Ch. 111, par. 6204)
20    (Section scheduled to be repealed on January 1, 2014)
21    Sec. 4. In this Act:
22    (1) "Department" means the Department of Financial and
23Professional Regulation.
24    (2) "Secretary" "Director" means the Secretary Director of
25Financial and Professional Regulation.

 

 

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1    (3) "Board" means the Certified Shorthand Reporters Board
2appointed by the Secretary Director.
3    (4) "The practice of shorthand reporting" means reporting,
4by the use of any system of manual or mechanical shorthand
5writing, of Grand Jury proceedings, court proceedings, court
6related proceedings, pretrial examinations, depositions,
7motions and related proceedings of like character, or
8proceedings of an administrative agency when the final decision
9of the agency with reference thereto is likely to be subject to
10judicial review under the provisions of the Administrative
11Review Law.
12    (5) "Shorthand reporter" means a person who is technically
13qualified and certified under this Act to practice shorthand
14reporting.
15    (6) "Stenographic notes" means the original notes by manual
16or mechanical shorthand or shorthand writing taken by a
17shorthand reporter of a proceeding while in attendance at such
18proceeding for the purpose of reporting the same.
19    (7) "Address of record" means the designated address
20recorded by the Department in the applicant's or licensee's
21application file or license file as maintained by the
22Department's licensure maintenance unit. It is the duty of the
23applicant or licensee to inform the Department of any change of
24address and those changes must be made either through the
25Department's Internet website or by contacting the Department.
26(Source: P.A. 87-481; 87-576.)
 

 

 

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1    (225 ILCS 415/6)  (from Ch. 111, par. 6206)
2    (Section scheduled to be repealed on January 1, 2014)
3    Sec. 6. Restricted certificate. Upon receipt of a written
4request from the Chief Judge of the reporter's circuit, the
5Department shall, upon payment of the required fee, issue to
6any reporter who has been appointed in counties of less than
71,000,000 in population, and examined under the Court Reporters
8Act, except those who have achieved an "A" proficiency rating,
9a restricted certificate by which such official court reporter
10may then lawfully engage in reporting only court proceedings to
11which he may be assigned by the Chief Judge of his circuit.
12    The Department may refuse to issue or may suspend the
13certificate of any person who fails to file a return, or to pay
14the tax, penalty or interest shown in a filed return, or to pay
15any final assessment of tax, penalty or interest, as required
16by any tax Act administered by the Illinois Department of
17Revenue, until such time as the requirements of any such tax
18Act are satisfied.
19(Source: P.A. 95-146, eff. 1-1-08.)
 
20    (225 ILCS 415/7)  (from Ch. 111, par. 6207)
21    (Section scheduled to be repealed on January 1, 2014)
22    Sec. 7. Administration of Act.
23    (a) The Department shall exercise the powers and duties
24prescribed by The Civil Administrative Code of Illinois for the

 

 

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1administration of licensing Acts and shall exercise such other
2powers and duties necessary for effectuating the purposes of
3this Act.
4    (b) The Secretary Director may promulgate rules consistent
5with the provisions of this Act for the administration and
6enforcement thereof, and for the payment of fees connected
7therewith, and may prescribe forms which shall be issued in
8connection therewith. The rules may shall include standards and
9criteria for licensure and professional conduct and
10discipline. The Department may shall consult with the Board in
11promulgating rules. Notice of proposed rulemaking shall be
12transmitted to the Board and the Department shall review the
13Board's response and any recommendations made therein. The
14Department shall notify the Board in writing with proper
15explanation of deviations from the Board's recommendations and
16responses.
17    (c) The Department may at any time seek the advice and the
18expert knowledge of the Board on any matter relating to the
19administration of this Act.
20    (d) (Blank). The Department shall issue quarterly a report
21to the Board of the status of all complaints related to the
22profession filed with the Department.
23(Source: P.A. 83-73.)
 
24    (225 ILCS 415/8)  (from Ch. 111, par. 6208)
25    (Section scheduled to be repealed on January 1, 2014)

 

 

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1    Sec. 8. Certified Shorthand Reporters Board. The Secretary
2Director shall appoint a certified Shorthand Reporters Board as
3follows: 7 persons who shall be appointed by and shall serve in
4an advisory capacity to the Secretary Director. Six members
5must be certified shorthand reporters, in good standing, and
6actively engaged in the practice of shorthand reporting in this
7State for ten years, and one member must be a member of the
8public who is not certified under this Act, or a similar Act of
9another jurisdiction.
10    Members shall serve 4 year terms and until their successors
11are appointed and qualified, except that of the initial
12appointments, one member shall be appointed to serve for one
13year, 2 shall be appointed to serve for 2 years, 2 shall be
14appointed to serve for 3 years, and the remaining one, who
15shall be the public member, shall be appointed to serve for 4
16years, until their successors are appointed and qualified. No
17member shall be reappointed to the Board for a term that would
18cause his continuous service on the Board to be longer than 2
19full consecutive terms. 8 successive years. Service prior to
20the effective date of this amendatory Act of 1991 shall be
21considered. Appointments to fill vacancies shall be made in the
22same manner as original appointments, for the unexpired portion
23of the vacated term. Initial terms shall begin upon the
24effective date of this Act.
25    The membership of the Board should reasonably reflect
26representation from the geographic areas in this State. In

 

 

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1making appointments to the Board, the Secretary Director shall
2give consideration to recommendations by national and State
3organizations of the shorthand reporter profession and shall
4promptly give notice to such organizations of any vacancy in
5the membership of the Board.
6    Four members of the Board shall constitute a quorum. A
7quorum is required for all Board decisions.
8    The Secretary may remove or suspend any member of the Board
9for cause at any time before the expiration of his or her term.
10The Secretary shall be the sole arbiter of cause. Director may
11terminate the appointment of any member for cause which in the
12opinion of the Director reasonably justifies such termination.
13    The Secretary Director shall consider the recommendations
14of the Board on questions involving standards of professional
15conduct, discipline and qualifications of candidates and
16certificate holders under this Act.
17    Members of the Board shall be reimbursed for all
18legitimate, necessary, and authorized expenses incurred in
19attending the meetings of the Board.
20    Members of the Board have no liability in any action based
21upon any disciplinary proceedings or other activity performed
22in good faith as members of the Board.
23    The Director may remove any member who fails to attend 3
24consecutive meetings unless the member has a medical excuse.
25(Source: P.A. 91-827, eff. 6-13-00.)
 

 

 

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1    (225 ILCS 415/9)  (from Ch. 111, par. 6209)
2    (Section scheduled to be repealed on January 1, 2014)
3    Sec. 9. Qualifications. Applications for original
4certificates shall be made to the Department in writing on
5forms prescribed by the Department and shall be accompanied by
6the required fee, which shall not be returnable. Any such
7application shall require such information as in the judgment
8of the Department will enable the Department to pass on the
9qualifications of the applicant for certification.
10    In determining competency, the Department shall require
11proof that the applicant has a good understanding of the
12English language, including reading, spelling and vocabulary,
13and that the applicant has sufficient ability to accurately
14report any of the matters comprising the practice of shorthand
15reporting as herein defined, by the use of any system of manual
16or mechanical shorthand or shorthand writing, and a clear
17understanding of obligations between a shorthand reporter and
18the parties to any proceedings reported, as well as the
19provisions of this Act.
20(Source: P.A. 83-73.)
 
21    (225 ILCS 415/10)  (from Ch. 111, par. 6210)
22    (Section scheduled to be repealed on January 1, 2014)
23    Sec. 10. The Department shall authorize examinations at
24least annually and at such time and place as it may designate.
25The examination shall be of a character to give a fair test of

 

 

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1the qualifications of the applicant to practice shorthand
2reporting.
3    Applicants for examination as certified shorthand
4reporters shall be required to pay, either to the Department or
5the designated testing service, a fee covering the cost of
6providing the examination. Failure to appear for the
7examination on the scheduled date, at the time and place
8specified, after the applicant's application for examination
9has been received and acknowledged by the Department or the
10designated testing service, shall result in the forfeiture of
11the examination fee.
12    If an applicant neglects, fails or refuses to take the next
13available examination offered or fails to pass an examination
14for certification under this Act, the application shall be
15denied. If an applicant for examination for certification under
16this Act fails to pass the examination within 3 years after
17filing his application, the application shall be denied.
18However, such applicant may thereafter make a new application
19accompanied by the required fee.
20    The Department may employ consultants for the purpose of
21preparing and conducting examinations.
22    An applicant has one year from the date of notification of
23successful completion of the examination to apply to the
24Department for a license. If an applicant fails to apply within
25one year, the applicant shall be required to take and pass the
26examination again unless licensed in another jurisdiction of

 

 

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1the United States within one year of passing the examination.
2(Source: P.A. 86-615.)
 
3    (225 ILCS 415/11)  (from Ch. 111, par. 6211)
4    (Section scheduled to be repealed on January 1, 2014)
5    Sec. 11. Qualifications; application. A person shall be
6qualified for certification as a certified shorthand reporter
7if:
8    A. That person has applied in writing in form and substance
9to the Department; and
10        (1) (Blank);
11        (2) Is of good moral character, the determination of
12    which shall take into account but not be totally based upon
13    any felony conviction of the applicant; and
14        (3) Has graduated from a high school or secondary
15    school or its equivalent; and
16    B. That person has successfully completed the examination
17authorized by the Department.
18(Source: P.A. 89-387, eff. 8-20-95.)
 
19    (225 ILCS 415/12.1 new)
20    Sec. 12.1. Social Security Number on license application.
21In addition to any other information required to be contained
22in the application, every application for an original license
23under this Act shall include the applicant's Social Security
24Number, which shall be retained in the Department's records

 

 

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1pertaining to the license. As soon as practicable, the
2Department shall assign a customer's identification number to
3each applicant for a license. Every application for a renewal
4or restored license shall require the applicant's customer
5identification number.
 
6    (225 ILCS 415/14)  (from Ch. 111, par. 6214)
7    (Section scheduled to be repealed on January 1, 2014)
8    Sec. 14. Expiration, renewal, and military service. The
9expiration date and renewal period for each certificate issued
10under this Act shall be set by rule.
11    Any certified shorthand reporter who has permitted his
12certificate to expire or who has had his certificate on
13inactive status may have his certificate restored by making
14application to the Department, filing proof acceptable to the
15Department of his fitness to have his certificate restored and
16paying the required restoration fee. The Department may
17consider a certificate expired less than 5 years as prima facie
18evidence that the applicant is fit. If a certificate has
19expired or has been placed on inactive status and the applicant
20has practiced in another jurisdiction during such period,
21satisfactory proof of fitness may include sworn evidence
22certifying to active practice in another jurisdiction.
23    If the certified shorthand reporter has not maintained an
24active practice in another jurisdiction satisfactory to the
25Department, the Department shall determine, by an evaluation

 

 

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1program established by rule, his fitness to resume active
2status and shall, by rule, establish procedures and
3requirements for restoration may require the certified
4shorthand reporter to successfully complete a practical
5examination.
6    However, any certified shorthand reporter whose
7certificate expired while he was (1) in Federal Service on
8active duty with the Armed Forces of the United States, or the
9State Militia called into service or training, or (2) in
10training or education under the supervision of the United
11States preliminary to induction into the military service, may
12have his certificate renewed or restored without paying any
13lapsed renewal fees if within 2 years after termination of such
14service, training or education except under conditions other
15than honorable, he furnished the Department with satisfactory
16evidence to the effect that he has been so engaged and that his
17service, training or education has been so terminated.
18(Source: P.A. 84-427.)
 
19    (225 ILCS 415/15)  (from Ch. 111, par. 6215)
20    (Section scheduled to be repealed on January 1, 2014)
21    Sec. 15. Inactive status. Any certified shorthand reporter
22who notifies the Department in writing on forms prescribed by
23the Department, may elect to place his certificate on an
24inactive status and shall, subject to rules of the Department,
25be excused from payment of renewal fees until he notifies the

 

 

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1Department in writing of his desire to resume active status.
2    Any certified shorthand reporter requesting restoration
3from inactive status shall be required to pay the current
4renewal fee and shall be required to restore his certificate,
5as provided in Section 14.
6    Any certified shorthand reporter whose certificate is in an
7inactive status shall not practice shorthand reporting in the
8State of Illinois.
9(Source: P.A. 83-73.)
 
10    (225 ILCS 415/16)  (from Ch. 111, par. 6216)
11    (Section scheduled to be repealed on January 1, 2014)
12    Sec. 16. Endorsement; licensure without examination. The
13Department may certify shall register as a certified shorthand
14reporter, without examination, on payment of the required fee,
15an applicant who is a certified shorthand reporter registered
16under the laws of another jurisdiction, if the requirements for
17certification of certified shorthand reporters in that
18jurisdiction were, at the date of his certification,
19substantially equivalent to the requirements in force in this
20State on that date.
21    Applicants have 3 years from the date of application to
22complete the application process. If the process has not been
23completed in 3 years, the application shall be denied, the fee
24forfeited and the applicant must reapply and meet the
25requirements in effect at the time of reapplication.

 

 

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1(Source: P.A. 86-615; 87-481; 87-576.)
 
2    (225 ILCS 415/17)  (from Ch. 111, par. 6217)
3    (Section scheduled to be repealed on January 1, 2014)
4    Sec. 17. Fees; returned checks; expiration while in
5military.
6    (a) The fees for the administration and enforcement of this
7Act, including but not limited to, original certification,
8renewal and restoration of a license issued under this Act,
9shall be set by rule. The fees shall be nonrefundable.
10    (b) All fees, fines, and penalties Beginning July 1, 2003,
11all of the fees and fines collected under this Act shall be
12deposited into the General Professions Dedicated Fund and shall
13be appropriated to the Department for the ordinary and
14contingent expenses of the Department in the administration of
15this Act.
16    (c) Any person who delivers a check or other payment to the
17Department that is returned to the Department unpaid by the
18financial institution upon which it is drawn shall pay to the
19Department, in addition to the amount already owed to the
20Department, a fine of $50. The fines imposed by this Section
21are in addition to any other discipline provided under this Act
22prohibiting unlicensed practice or practice on a nonrenewed
23license. The Department shall notify the person that payment of
24fees and fines shall be paid to the Department by certified
25check or money order within 30 calendar days of the

 

 

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1notification. If, after the expiration of 30 days from the date
2of the notification, the person has failed to submit the
3necessary remittance, the Department shall automatically
4terminate the license or certificate or deny the application,
5without hearing. If, after termination or denial, the person
6seeks a license or certificate, he or she shall apply to the
7Department for restoration or issuance of the license or
8certificate and pay all fees and fines due to the Department.
9The Department may establish a fee for the processing of an
10application for restoration of a license or certificate to pay
11all expenses of processing this application. The Secretary
12Director may waive the fines due under this Section in
13individual cases where the Secretary Director finds that the
14fines would be unreasonable or unnecessarily burdensome.
15    However, any person whose license has expired while he has
16been engaged (l) in federal or state service active duty, or
17(2) in training or education under the supervision of the
18United States preliminary to induction into the military
19service, may have his license renewed, reinstated or restored
20without paying any lapsed renewal and restoration fees, if
21within 2 years after termination of such service, training or
22education other than by dishonorable discharge, he furnishes
23the Department with satisfactory proof that he has been so
24engaged and that his service, training or education has been so
25terminated.
26(Source: P.A. 92-146, eff. 1-1-02; 93-32, eff. 7-1-03; 93-460,

 

 

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1eff. 8-8-03.)
 
2    (225 ILCS 415/18)  (from Ch. 111, par. 6218)
3    (Section scheduled to be repealed on January 1, 2014)
4    Sec. 18. Roster. The Department shall maintain a roster of
5the names and addresses of all certificate holders and of all
6persons whose certificates have been suspended, revoked or
7placed on inactive or nonrenewed status within the previous
8year. This roster shall be available upon written request and
9payment of the required fee.
10(Source: P.A. 83-73.)
 
11    (225 ILCS 415/19)  (from Ch. 111, par. 6219)
12    (Section scheduled to be repealed on January 1, 2014)
13    Sec. 19. Advertising. Any person certified under this Act
14may advertise the availability of professional services in the
15public media or on the premises where such professional
16services are rendered as permitted by law, on the condition
17that such advertising is truthful and not misleading and is in
18conformity with rules promulgated by the Department.
19Advertisements shall not include false, fraudulent, deceptive,
20or misleading material or guarantees of success.
21Advertisements shall also not include any offers of any gift or
22item of value to attorneys or their staff or any other persons
23or entities associated with any litigation.
24(Source: P.A. 83-73.)
 

 

 

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1    (225 ILCS 415/20)  (from Ch. 111, par. 6220)
2    (Section scheduled to be repealed on January 1, 2014)
3    Sec. 20. Professional service corporations. Nothing in
4this Act shall restrict certificate holders from forming
5professional service corporations under the provisions of the
6Professional Service Corporation Act.
7(Source: P.A. 83-73.)
 
8    (225 ILCS 415/23)  (from Ch. 111, par. 6223)
9    (Section scheduled to be repealed on January 1, 2014)
10    Sec. 23. Grounds for disciplinary action.
11    (a) The Department may refuse to issue or renew, or may
12revoke, suspend, place on probation, reprimand or take other
13disciplinary or non-disciplinary action as the Department may
14deem appropriate, including imposing fines not to exceed
15$10,000 $5,000 for each violation and the assessment of costs
16as provided for in Section 23.3 of this Act, with regard to any
17license for any one or combination of the following:
18        (1) Material misstatement in furnishing information to
19    the Department;
20        (2) Violations of this Act, or of the rules promulgated
21    thereunder;
22        (3) Conviction by plea of guilty or nolo contendere,
23    finding of guilt, jury verdict, or entry of judgment or by
24    sentencing of any crime, including, but not limited to,

 

 

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1    convictions, preceding sentences of supervision,
2    conditional discharge, or first offender probation under
3    the laws of any jurisdiction of the United States: (i) that
4    is a felony or (ii) that is a misdemeanor, an essential
5    element of which is dishonesty, or that is directly related
6    to the practice of the profession; of any crime under the
7    laws of the United States or any state or territory thereof
8    which is a felony or which is a misdemeanor, an essential
9    element of which is dishonesty, or of any crime which is
10    directly related to the practice of shorthand reporting;
11        (4) Fraud or Making any misrepresentation in applying
12    for or procuring a license under this Act or in connection
13    with applying for renewal of a license under this Act; for
14    the purpose of obtaining certification, or violating any
15    provision of this Act or the rules promulgated thereunder
16    pertaining to advertising;
17        (5) Professional incompetence; Having demonstrated
18    unworthiness, or incompetency to act as a certified
19    shorthand reporter in such manner as to safeguard the
20    interest of the public;
21        (6) Aiding or assisting another person, firm,
22    partnership or corporation in violating any provision of
23    this Act or rules;
24        (7) Failing, within 60 days, to provide information in
25    response to a written request made by the Department;
26        (8) Engaging in dishonorable, unethical or

 

 

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1    unprofessional conduct of a character likely to deceive,
2    defraud or harm the public;
3        (9) Habitual or excessive use or abuse of drugs defined
4    in law as controlled substances, alcohol, or any other
5    substances that results in the inability to practice with
6    reasonable judgment, skill, or safety; intoxication or
7    addiction to the use of drugs;
8        (10) Discipline by another state, unit of government,
9    government agency, the District of Columbia, a territory,
10    or foreign nation, if at least one of the grounds for the
11    discipline is the same or substantially equivalent to those
12    set forth herein;
13        (11) Charging for professional services not rendered,
14    including filing false statements for the collection of
15    fees for which services were not rendered, or giving,
16    directly or indirectly, any gift or anything of value to
17    attorneys or their staff or any other persons or entities
18    associated with any litigation, that exceeds $100 total per
19    year; for the purposes of this Section, pro bono services,
20    as defined by State law, are permissible in any amount;
21    Directly or indirectly giving to or receiving from any
22    person, firm, corporation, partnership or association any
23    fee, commission, rebate or other form of compensation for
24    professional services not actually or personally rendered;
25        (12) A finding by the Board that the certificate
26    holder, after having his certificate placed on

 

 

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1    probationary status, has violated the terms of probation;
2        (13) Willfully making or filing false records or
3    reports in the practice of shorthand reporting, including
4    but not limited to false records filed with State agencies
5    or departments;
6        (14) Physical illness, including but not limited to,
7    deterioration through the aging process, or loss of motor
8    skill which results in the inability to practice under this
9    Act the profession with reasonable judgment, skill or
10    safety;
11        (15) Solicitation of professional services other than
12    by permitted advertising;
13        (16) Willful failure to take full and accurate
14    stenographic notes of any proceeding;
15        (17) Willful alteration of any stenographic notes
16    taken at any proceeding;
17        (18) Willful failure to accurately transcribe verbatim
18    any stenographic notes taken at any proceeding;
19        (19) Willful alteration of a transcript of
20    stenographic notes taken at any proceeding;
21        (20) Affixing one's signature to any transcript of his
22    stenographic notes or certifying to its correctness unless
23    the transcript has been prepared by him or under his
24    immediate supervision;
25        (21) Willful failure to systematically retain
26    stenographic notes or transcripts on paper or any

 

 

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1    electronic media for 10 5 years from the date that the
2    notes or transcripts were taken or for 5 years from the end
3    of litigation;
4        (22) Failure to deliver transcripts in a timely manner
5    or in accordance with contractual agreements;
6        (23) Establishing contingent fees as a basis of
7    compensation; .
8        (24) Mental illness or disability that results in the
9    inability to practice under this Act with reasonable
10    judgment, skill, or safety;
11        (25) Practicing under a false or assumed name, except
12    as provided by law;
13        (26) Cheating on or attempting to subvert the licensing
14    examination administered under this Act;
15        (27) Allowing one's license under this Act to be used
16    by an unlicensed person in violation of this Act.
17    All fines imposed under this Section shall be paid within
1860 days after the effective date of the order imposing the fine
19or in accordance with the terms set forth in the order imposing
20the fine.
21    (b) The determination by a circuit court that a certificate
22holder is subject to involuntary admission or judicial
23admission as provided in the Mental Health and Developmental
24Disabilities Code, operates as an automatic suspension. Such
25suspension will end only upon a finding by a court that the
26patient is no longer subject to involuntary admission or

 

 

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1judicial admission, an order by the court so finding and
2discharging the patient. In any case where a license is
3suspended under this Section, the licensee may file a petition
4for restoration and shall include evidence acceptable to the
5Department that the licensee can resume practice in compliance
6with acceptable and prevailing standards of the profession. ,
7and the recommendation of the Board to the Director that the
8certificate holder be allowed to resume his practice.
9    (c) In cases where the Department of Healthcare and Family
10Services has previously determined a licensee or a potential
11licensee is more than 30 days delinquent in the payment of
12child support and has subsequently certified the delinquency to
13the Department, the Department may refuse to issue or renew or
14may revoke or suspend that person's license or may take other
15disciplinary action against that person based solely upon the
16certification of delinquency made by the Department of
17Healthcare and Family Services in accordance with item (5) of
18subsection (g) of Section 1205-15 of the Civil Administrative
19Code of Illinois.
20    (d) In enforcing this Section, the Department, upon a
21showing of a possible violation, may compel any individual who
22is certified under this Act or any individual who has applied
23for certification under this Act to submit to a mental or
24physical examination and evaluation, or both, which may include
25a substance abuse or sexual offender evaluation, at the expense
26of the Department. The Department shall specifically designate

 

 

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1the examining physician licensed to practice medicine in all of
2its branches or, if applicable, the multidisciplinary team
3involved in providing the mental or physical examination and
4evaluation, or both. The multidisciplinary team shall be led by
5a physician licensed to practice medicine in all of its
6branches and may consist of one or more or a combination of
7physicians licensed to practice medicine in all of its
8branches, licensed chiropractic physicians, licensed clinical
9psychologists, licensed clinical social workers, licensed
10clinical professional counselors, and other professional and
11administrative staff. Any examining physician or member of the
12multidisciplinary team may require any person ordered to submit
13to an examination and evaluation pursuant to this Section to
14submit to any additional supplemental testing deemed necessary
15to complete any examination or evaluation process, including,
16but not limited to, blood testing, urinalysis, psychological
17testing, or neuropsychological testing.
18    The Department may order the examining physician or any
19member of the multidisciplinary team to provide to the
20Department any and all records, including business records,
21that relate to the examination and evaluation, including any
22supplemental testing performed. The Department may order the
23examining physician or any member of the multidisciplinary team
24to present testimony concerning this examination and
25evaluation of the certified shorthand reporter or applicant,
26including testimony concerning any supplemental testing or

 

 

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1documents relating to the examination and evaluation. No
2information, report, record, or other documents in any way
3related to the examination and evaluation shall be excluded by
4reason of any common law or statutory privilege relating to
5communication between the licensee or applicant and the
6examining physician or any member of the multidisciplinary
7team. No authorization is necessary from the certified
8shorthand reporter or applicant ordered to undergo an
9evaluation and examination for the examining physician or any
10member of the multidisciplinary team to provide information,
11reports, records, or other documents or to provide any
12testimony regarding the examination and evaluation. The
13individual to be examined may have, at his or her own expense,
14another physician of his or her choice present during all
15aspects of the examination.
16    Failure of any individual to submit to mental or physical
17examination and evaluation, or both, when directed, shall
18result in an automatic suspension, without hearing, until such
19time as the individual submits to the examination. If the
20Department finds a certified shorthand reporter unable to
21practice because of the reasons set forth in this Section, the
22Department shall require the certified shorthand reporter to
23submit to care, counseling, or treatment by physicians approved
24or designated by the Department, as a condition for continued,
25reinstated, or renewed certification.
26    When the Secretary immediately suspends a certificate

 

 

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1under this Section, a hearing upon the person's certificate
2must be convened by the Department within 15 days after the
3suspension and completed without appreciable delay. The
4Department shall have the authority to review the certified
5shorthand reporter's record of treatment and counseling
6regarding the impairment, to the extent permitted by applicable
7federal statutes and regulations safeguarding the
8confidentiality of medical records.
9    Individuals certified under this Act, affected under this
10Section, shall be afforded an opportunity to demonstrate to the
11Department that they can resume practice in compliance with
12acceptable and prevailing standards under the provisions of
13their certification.
14    (e) The Department shall deny a license or renewal
15authorized by this Act to a person who has defaulted on an
16educational loan or scholarship provided or guaranteed by the
17Illinois Student Assistance Commission or any governmental
18agency of this State in accordance with item (5) of subsection
19(g) of Section 2105-15 of the Civil Administrative Code of
20Illinois.
21    (f) The Department may refuse to issue or may suspend
22without hearing, as provided for in the Code of Civil
23Procedure, the license of any person who fails to file a
24return, to pay the tax, penalty, or interest shown in a filed
25return, or to pay any final assessment of tax, penalty, or
26interest as required by any tax Act administered by the

 

 

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1Illinois Department of Revenue, until such time as the
2requirements of any such tax Act are satisfied in accordance
3with subsection (g) of Section 2105-15 of the Civil
4Administrative Code of Illinois.
5(Source: P.A. 91-558, eff. 8-14-99.)
 
6    (225 ILCS 415/23.1)  (from Ch. 111, par. 6224)
7    (Section scheduled to be repealed on January 1, 2014)
8    Sec. 23.1. Injunctive actions; order to cease and desist.
9    (a) If any person violates the provisions of this Act, the
10Secretary Director may, in the name of the People of the State
11of Illinois, through the Attorney General of the State of
12Illinois or the State's Attorney of the county in which the
13violation is alleged to have occurred, petition for an order
14enjoining such violation or for an order enforcing compliance
15with this Act. Upon the filing of a verified petition in such
16court, the court may issue a temporary restraining order,
17without notice or bond, and may preliminarily and permanently
18enjoin such violation. If it is established that such person
19has violated or is violating the injunction, the court may
20punish the offender for contempt of court. Proceedings under
21this Section shall be in addition to, and not in lieu of, all
22other remedies and penalties provided by this Act.
23    (b) If any person practices shall practice as a certified
24shorthand reporter or holds hold himself or herself out as a
25certified shorthand reporter without being licensed under the

 

 

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1provisions of this Act then any certified shorthand reporter,
2any interested party or any person injured thereby may, in
3addition to the Secretary Director, petition for relief as
4provided in subsection (a).
5    (c) Whenever in the opinion of the Department any person
6violates any provision of this Act, the Department may issue a
7rule to show cause why an order to cease and desist should not
8be entered against that individual him. The rule shall clearly
9set forth the grounds relied upon by the Department and shall
10provide a period of 7 days from the date of the rule to file an
11answer to the satisfaction of the Department. Failure to answer
12to the satisfaction of the Department shall cause an order to
13cease and desist to be issued forthwith.
14(Source: P.A. 83-73.)
 
15    (225 ILCS 415/23.2)  (from Ch. 111, par. 6225)
16    (Section scheduled to be repealed on January 1, 2014)
17    Sec. 23.2. Investigations; notice and hearing. The
18Department may investigate the actions of any applicant or of
19any person or persons holding or claiming to hold a
20certificate. The Department shall, before refusing to issue or
21renew, or taking disciplinary action against, a certificate, at
22least 30 days prior to the date set for the hearing, notify in
23writing the applicant for, or holder of, a certificate of the
24nature of the charges and the time and place for that a hearing
25will be held on the charges date designated. The Department

 

 

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1shall direct the applicant or licensee to file a written answer
2to the charges with the Board under oath within 20 days after
3the service of the notice and inform the applicant or licensee
4that failure to file an answer will result in default being
5taken against the applicant or licensee. At the time and place
6fixed in the notice, the Department shall proceed to hear the
7charges and the parties or their counsel shall be accorded
8ample opportunity to present any pertinent statements,
9testimony, evidence, and arguments. The Department may
10continue the hearing from time to time. In case the person,
11after receiving the notice, fails to file an answer, his or her
12license may, in the discretion of the Department, be revoked,
13suspended, or placed on probationary status or the Department
14may take whatever disciplinary action considered proper,
15including limiting the scope, nature, or extent of the person's
16practice or the imposition of a fine, without a hearing, if the
17act or acts charged constitute sufficient grounds for that
18action under this Act. The written notice and any notice in the
19subsequent proceeding may be served by registered or certified
20mail to the licensee's address of record. and that the license
21or certificate may be suspended, revoked, placed on
22probationary status, or other disciplinary action may be taken,
23including limiting the scope, nature or extent of practice, as
24the Director may deem proper. Written notice may be served by
25personal delivery or certified or registered mail to the
26respondent at the address of his last notification to the

 

 

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1Department. In case the person fails to file an answer after
2receiving notice, his or her license or certificate may, in the
3discretion of the Department, be suspended, revoked, or placed
4on probationary status, or the Department may take whatever
5disciplinary action deemed proper, including limiting the
6scope, nature, or extent of the person's practice or the
7imposition of a fine, without a hearing, if the act or acts
8charged constitute sufficient grounds for such action under
9this Act. At the time and place fixed in the notice, the Board
10shall proceed to hear the charges and the parties or their
11counsel shall be accorded ample opportunity to present any
12statements, testimony, evidence and argument as may be
13pertinent to the charges or to their defense. The Board may
14continue a hearing from time to time.
15(Source: P.A. 87-1031.)
 
16    (225 ILCS 415/23.2a new)
17    Sec. 23.2a. Confidentiality. All information collected by
18the Department in the course of an examination or investigation
19of a licensee or applicant, including, but not limited to, any
20complaint against a licensee filed with the Department and
21information collected to investigate any such complaint, shall
22be maintained for the confidential use of the Department and
23shall not be disclosed. The Department may not disclose the
24information to anyone other than law enforcement officials,
25other regulatory agencies that have an appropriate regulatory

 

 

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1interest as determined by the Secretary, or to a party
2presenting a lawful subpoena to the Department. Information and
3documents disclosed to a federal, State, county, or local law
4enforcement agency shall not be disclosed by the agency for any
5purpose to any other agency or person. A formal complaint filed
6against a licensee by the Department or any order issued by the
7Department against a licensee or applicant shall be a public
8record, except as otherwise prohibited by law.
 
9    (225 ILCS 415/23.3)  (from Ch. 111, par. 6226)
10    (Section scheduled to be repealed on January 1, 2014)
11    Sec. 23.3. Records of proceedings. The Department, at its
12expense, shall preserve a record of all proceedings at the
13formal hearing of any case involving the refusal to issue or
14renew, or the taking of disciplinary action against, a
15certificate. The notice of hearing, complaint and all other
16documents in the nature of pleadings and written motions filed
17in the proceedings, the transcript of testimony, the report of
18the Board and orders of the Department, shall be the record of
19such proceeding. Any certified shorthand reporter who is found
20to have violated this Act or who fails to appear for a hearing
21to refuse to issue, restore, or renew a license or to
22discipline a licensee may be required by the Department to pay
23for the costs of the proceeding. These costs are limited to
24costs for court reporters, transcripts, and witness attendance
25and mileage fees. All costs imposed under this Section shall be

 

 

HB2721- 32 -LRB098 10439 MGM 40652 b

1paid within 60 days after the effective date of the order
2imposing the fine.
3(Source: P.A. 83-73.)
 
4    (225 ILCS 415/23.4)  (from Ch. 111, par. 6227)
5    (Section scheduled to be repealed on January 1, 2014)
6    Sec. 23.4. Subpoenas; oaths. The Department may shall have
7the power to subpoena and bring before it any person in this
8State and to take the oral or written testimony or compel the
9production of any books, papers, records, or any other
10documents that the Secretary or his or her designee deems
11relevant or material to an investigation or hearing conducted
12by the Department either orally or by deposition, or both, with
13the same fees and mileage and in the same manner as prescribed
14by law in judicial procedure in civil cases in courts of this
15State.
16    The Secretary Director, the designated hearing officer,
17any and every member of the Board, or a certified shorthand
18court reporter may shall have power to administer oaths to
19witnesses at any hearing which the Department conducts.
20Notwithstanding any other statute or Department rule to the
21contrary, all requests for testimony and production of
22documents or records shall be in accordance with this Act. is
23authorized by law to conduct, and any other oaths required or
24authorized in any Act administered by the Department.
25(Source: P.A. 83-73.)
 

 

 

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1    (225 ILCS 415/23.5)  (from Ch. 111, par. 6228)
2    (Section scheduled to be repealed on January 1, 2014)
3    Sec. 23.5. Compelling testimony; contempt. Any circuit
4court may, upon application of the Department or its designee,
5or the applicant or certificate holder, may order against whom
6proceedings under Section 23 are pending, enter an order
7requiring the attendance and testimony of witnesses and their
8testimony, and the production of relevant documents, papers,
9files, books and records in connection with any hearing or
10investigation. The court may compel obedience to its order by
11proceedings for contempt.
12(Source: P.A. 83-73.)
 
13    (225 ILCS 415/23.6)  (from Ch. 111, par. 6229)
14    (Section scheduled to be repealed on January 1, 2014)
15    Sec. 23.6. Board report. At the conclusion of the hearing
16the Board shall present to the Secretary Director a written
17report of its findings of fact, conclusions of law and
18recommendations. The report shall contain a finding whether or
19not the accused person violated this Act or failed to comply
20with the conditions required in this Act. The Board shall
21specify the nature of the violation or failure to comply, and
22shall make its recommendations to the Secretary Director. The
23report of findings of fact, conclusions of law and
24recommendations of the Board shall be the basis for the

 

 

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1Department's action regarding a certificate. If the Secretary
2Director disagrees in any regard with the report of the Board
3he may issue an order in contravention thereof. The Director
4shall provide to the Board a written explanation for any
5deviation and shall specify with particularity the reasons for
6such action in the final order. The finding is not admissible
7in evidence against the person in a criminal prosecution
8brought for the violation of this Act, but the hearing and
9findings are not a bar to a criminal prosecution brought for
10the violation of this Act.
11(Source: P.A. 83-73.)
 
12    (225 ILCS 415/23.7)  (from Ch. 111, par. 6230)
13    (Section scheduled to be repealed on January 1, 2014)
14    Sec. 23.7. Motion for rehearing. In any hearing case
15involving the refusal to issue or renew, or the taking of
16disciplinary action against, a certificate, a copy of the
17Board's report shall be served upon the respondent by the
18Department as provided in this Act for the service of the
19notice of hearing. Within 20 days after such service, the
20respondent may present to the Department a motion in writing
21for a rehearing, which motion shall specify the particular
22grounds therefor. If no motion for rehearing is filed, then
23upon the expiration of the time specified for filing such a
24motion, or if a motion for rehearing is denied, then upon such
25denial the Secretary Director may enter an order in accordance

 

 

HB2721- 35 -LRB098 10439 MGM 40652 b

1with recommendations of the Board except as provided in Section
223.6. If the respondent shall order from the reporting service,
3and pay for a transcript of the record within the time for
4filing a motion for rehearing, the 20 day period within which
5such a motion may be filed shall commence upon the delivery of
6the transcript to the respondent.
7(Source: P.A. 83-73.)
 
8    (225 ILCS 415/23.8)  (from Ch. 111, par. 6231)
9    (Section scheduled to be repealed on January 1, 2014)
10    Sec. 23.8. Rehearing ordered by Secretary. Whenever the
11Secretary Director is satisfied that substantial justice has
12not been done in the revocation, or suspension of, or the
13refusal to issue or renew, a certificate, the Secretary
14Director may order a rehearing by the Board or a designated
15hearing officer.
16(Source: P.A. 83-73.)
 
17    (225 ILCS 415/23.9)  (from Ch. 111, par. 6232)
18    (Section scheduled to be repealed on January 1, 2014)
19    Sec. 23.9. Hearing officers, reports, and review. The
20Secretary Notwithstanding the provisions of Section 23.2, the
21Director shall have the authority to appoint any attorney duly
22licensed to practice law in the State of Illinois to serve as
23the hearing officer in any action involving a refusal to issue
24or renew, or the taking of disciplinary action against a

 

 

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1certificate. The Director shall notify the Board of such
2appointment. The hearing officer shall have full authority to
3conduct the hearing. The hearing officer shall report his or
4her findings of fact, conclusions of law and recommendations to
5the Board and the Secretary Director. The Board shall have 60
6days from receipt of the report to review the report of the
7hearing officer and present their findings of fact, conclusions
8of law and recommendations to the Secretary Director. If the
9Board fails to present its report within the 60 day period, the
10Secretary may Director shall issue an order based on the report
11of the hearing officer. If the Secretary Director disagrees in
12any regard with the report of the Board or hearing officer, he
13may issue an order in contravention thereof. The Director shall
14provide to the Board a written explanation for any deviation,
15and shall specify with particularity the reasons for such
16action in the final order.
17(Source: P.A. 83-73.)
 
18    (225 ILCS 415/23.10)  (from Ch. 111, par. 6233)
19    (Section scheduled to be repealed on January 1, 2014)
20    Sec. 23.10. Order or certified copy; prima facie proof. An
21order or a certified copy thereof, over the seal of the
22Department and purporting to be signed by the Secretary
23Director, shall be prima facie proof that:
24        (1) the signature is the genuine signature of the
25    Secretary; and Director;

 

 

HB2721- 37 -LRB098 10439 MGM 40652 b

1        (2) the Secretary Director is duly appointed and
2    qualified. ; and
3        (3) the Board and the members thereof are qualified to
4    act.
5(Source: P.A. 91-357, eff. 7-29-99.)
 
6    (225 ILCS 415/23.11)  (from Ch. 111, par. 6234)
7    (Section scheduled to be repealed on January 1, 2014)
8    Sec. 23.11. Restoration of license from discipline. At any
9time after successful completion of a term of indefinite
10probation, suspension, or revocation of a license, the
11Department may restore the license to the licensee, unless,
12after an investigation and hearing, the Secretary determines
13that restoration is not in the public interest or that the
14licensee has not been sufficiently rehabilitated to warrant the
15public trust. No person or entity whose license, certificate,
16or authority has been revoked as authorized in this Act may
17apply for restoration of that license, certification, or
18authority until such time as provided for in the Civil
19Administrative Code of Illinois. the suspension or revocation
20of any certificate, the Department may restore it to the
21accused person, upon the written recommendation of the Board,
22unless after an investigation and a hearing, the Department
23determines that restoration is not in the public interest.
24(Source: P.A. 83-73.)
 

 

 

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1    (225 ILCS 415/23.12)  (from Ch. 111, par. 6235)
2    (Section scheduled to be repealed on January 1, 2014)
3    Sec. 23.12. Surrender of license or certificate. Upon the
4revocation or suspension of any certificate, the certificate
5holder shall forthwith surrender the certificate or
6certificates to the Department. If the certificate holder fails
7to do so, the Department shall have the right to seize the
8certificate.
9(Source: P.A. 83-73.)
 
10    (225 ILCS 415/23.13)  (from Ch. 111, par. 6236)
11    (Section scheduled to be repealed on January 1, 2014)
12    Sec. 23.13. Summary suspension. The Secretary Director may
13summarily temporarily suspend the certificate of a certified
14shorthand reporter without a hearing, simultaneously with the
15institution of proceedings for a hearing provided for in
16Section 23.2 of this Act, if the Secretary Director finds that
17the evidence in his possession indicates that a certified
18shorthand reporter's continuation in practice would constitute
19an imminent danger to the public. In the event that the
20Secretary summarily Director temporarily suspends the
21certificate of a certified shorthand reporter without a
22hearing, a hearing shall be commenced by the Board must be held
23within 30 days after such suspension has occurred and shall be
24concluded as expeditiously as possible.
25(Source: P.A. 83-73.)
 

 

 

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1    (225 ILCS 415/23.14)  (from Ch. 111, par. 6237)
2    (Section scheduled to be repealed on January 1, 2014)
3    Sec. 23.14. Administrative Review Law. All final
4administrative decisions of the Department are subject to
5judicial review pursuant to the provisions of the
6Administrative Review Law and all rules adopted pursuant
7thereto. The term "administrative decision" is defined in
8Section 3-101 of the Code of Civil Procedure.
9    Proceedings for judicial review shall be commenced in the
10circuit court of the county in which the party applying for
11review resides, except that if the party is not a resident of
12this State, the venue shall be Sangamon County.
13(Source: P.A. 83-73.)
 
14    (225 ILCS 415/23.15)  (from Ch. 111, par. 6238)
15    (Section scheduled to be repealed on January 1, 2014)
16    Sec. 23.15. Certification of record; receipt. The
17Department shall not be required to certify any record to the
18court or file any answer in court or otherwise appear in any
19court in a judicial review proceeding, unless and until the
20Department has received from the plaintiff there is filed in
21the court, with the complaint, a receipt from the Department
22acknowledging payment of the costs of furnishing and certifying
23the record, which costs shall be determined by the Department.
24Exhibits shall be certified without cost. Failure on the part

 

 

HB2721- 40 -LRB098 10439 MGM 40652 b

1of the plaintiff to file a receipt in court shall be grounds
2for dismissal of the action.
3(Source: P.A. 87-1031.)
 
4    (225 ILCS 415/23.16)  (from Ch. 111, par. 6239)
5    (Section scheduled to be repealed on January 1, 2014)
6    Sec. 23.16. Penalties. Any person who is found to have
7violated any provision of this Act is guilty of a Class A
8misdemeanor for the first offense. On conviction of a second or
9subsequent offense the violator shall be guilty of a Class 4
10felony. All criminal fines, moneys, or other property collected
11or received by the Department under this Section, or any other
12State or federal statute, shall be deposited into the General
13Professions Dedicated Fund.
14(Source: P.A. 83-73.)
 
15    (225 ILCS 415/24)  (from Ch. 111, par. 6240)
16    (Section scheduled to be repealed on January 1, 2014)
17    Sec. 24. Administrative Procedure Act. The Illinois
18Administrative Procedure Act is hereby expressly adopted and
19incorporated herein as if all of the provisions of that Act
20were included in this Act, except that the provision of
21subsection (d) of Section 10-65 of the Illinois Administrative
22Procedure Act that provides that at hearings the certificate
23holder has the right to show compliance with all lawful
24requirements for retention, continuation or renewal of

 

 

HB2721- 41 -LRB098 10439 MGM 40652 b

1certification is specifically excluded. For the purpose of this
2Act the notice required under Section 10-25 of the Illinois
3Administrative Procedure Act is deemed sufficient when mailed
4to the last known address of record a party.
5(Source: P.A. 88-45.)
 
6    (225 ILCS 415/25)  (from Ch. 111, par. 6241)
7    (Section scheduled to be repealed on January 1, 2014)
8    Sec. 25. Home rule. The regulation and licensing of a
9shorthand reporter are exclusive powers and functions of the
10State. A home rule unit may not regulate or license a shorthand
11reporter or the practice of shorthand reporting. This Section
12is a denial and limitation of home rule powers and functions
13under subsection (h) of Section 6 of Article VII of the
14Illinois Constitution. It is declared to be the public policy
15of this State, pursuant to paragraphs (h) and (i) of Section 6
16of Article VII of the Illinois Constitution of 1970, that any
17power or function set forth in this Act to be exercised by the
18State is an exclusive State power or function. Such power or
19function shall not be exercised concurrently, either directly
20or indirectly, by any unit of local government, including home
21rule units, except as otherwise provided in this Act.
22(Source: P.A. 83-73.)
 
23    (225 ILCS 415/26.1)
24    (Section scheduled to be repealed on January 1, 2014)

 

 

HB2721- 42 -LRB098 10439 MGM 40652 b

1    Sec. 26.1. Responsibility for notes. It is the licensee's
2responsibility to preserve his or her shorthand notes for a
3period of no less than 10 years from the date that the notes or
4transcripts were taken 5 years from the end of litigation,
5except as otherwise prescribed by law, through storage of the
6original paper notes or an electronic copy of either the
7shorthand notes or the English transcript of the notes on
8computer disks, cassettes, backup tape systems, or optical or
9laser disk systems, or other retrieval systems available at the
10time that the notes or transcripts were taken.
11(Source: P.A. 91-558, eff. 8-14-99.)
 
12    (225 ILCS 415/27)  (from Ch. 111, par. 6243)
13    (Section scheduled to be repealed on January 1, 2014)
14    Sec. 27. As a condition for renewal of a license, licensees
15shall be required to complete continuing education in
16accordance with rules established On a specified date
17determined by the Department and established in its rules and
18regulations, every person certified under this Act shall be
19required to complete 10 hours of continuing education over a 2
20year period in a manner as determined by the rules and
21regulations of the Department promulgated in consultation with
22the Board.
23    Persons employed as full time court reporters under the
24Court Reporters Act may apply for a waiver from the continuing
25education requirements. The waiver shall be granted upon the

 

 

HB2721- 43 -LRB098 10439 MGM 40652 b

1submission of evidence satisfactory to the Department that the
2certified shorthand reporter is employed as a full time court
3reporter under the Court Reporters Act.
4(Source: P.A. 87-481; 87-576; 88-475.)
 
5    (225 ILCS 415/12 rep.)
6    Section 15. The Illinois Certified Shorthand Reporters Act
7of 1984 is amended by repealing Section 12.
 
8    Section 99. Effective date. This Act takes effect December
931, 2013.

 

 

HB2721- 44 -LRB098 10439 MGM 40652 b

1 INDEX
2 Statutes amended in order of appearance
3    5 ILCS 80/4.24
4    5 ILCS 80/4.34 new
5    225 ILCS 415/3from Ch. 111, par. 6203
6    225 ILCS 415/3.5
7    225 ILCS 415/4from Ch. 111, par. 6204
8    225 ILCS 415/6from Ch. 111, par. 6206
9    225 ILCS 415/7from Ch. 111, par. 6207
10    225 ILCS 415/8from Ch. 111, par. 6208
11    225 ILCS 415/9from Ch. 111, par. 6209
12    225 ILCS 415/10from Ch. 111, par. 6210
13    225 ILCS 415/11from Ch. 111, par. 6211
14    225 ILCS 415/12.1 new
15    225 ILCS 415/14from Ch. 111, par. 6214
16    225 ILCS 415/15from Ch. 111, par. 6215
17    225 ILCS 415/16from Ch. 111, par. 6216
18    225 ILCS 415/17from Ch. 111, par. 6217
19    225 ILCS 415/18from Ch. 111, par. 6218
20    225 ILCS 415/19from Ch. 111, par. 6219
21    225 ILCS 415/20from Ch. 111, par. 6220
22    225 ILCS 415/23from Ch. 111, par. 6223
23    225 ILCS 415/23.1from Ch. 111, par. 6224
24    225 ILCS 415/23.2from Ch. 111, par. 6225
25    225 ILCS 415/23.2a new

 

 

HB2721- 45 -LRB098 10439 MGM 40652 b

1    225 ILCS 415/23.3from Ch. 111, par. 6226
2    225 ILCS 415/23.4from Ch. 111, par. 6227
3    225 ILCS 415/23.5from Ch. 111, par. 6228
4    225 ILCS 415/23.6from Ch. 111, par. 6229
5    225 ILCS 415/23.7from Ch. 111, par. 6230
6    225 ILCS 415/23.8from Ch. 111, par. 6231
7    225 ILCS 415/23.9from Ch. 111, par. 6232
8    225 ILCS 415/23.10from Ch. 111, par. 6233
9    225 ILCS 415/23.11from Ch. 111, par. 6234
10    225 ILCS 415/23.12from Ch. 111, par. 6235
11    225 ILCS 415/23.13from Ch. 111, par. 6236
12    225 ILCS 415/23.14from Ch. 111, par. 6237
13    225 ILCS 415/23.15from Ch. 111, par. 6238
14    225 ILCS 415/23.16from Ch. 111, par. 6239
15    225 ILCS 415/24from Ch. 111, par. 6240
16    225 ILCS 415/25from Ch. 111, par. 6241
17    225 ILCS 415/26.1
18    225 ILCS 415/27from Ch. 111, par. 6243
19    225 ILCS 415/12 rep.