Illinois General Assembly - Full Text of SB1684
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Full Text of SB1684  101st General Assembly

SB1684enr 101ST GENERAL ASSEMBLY

  
  
  

 


 
SB1684 EnrolledLRB101 08690 JRG 53775 b

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
5Section 4.30 and by adding Section 4.40 as follows:
 
6    (5 ILCS 80/4.30)
7    Sec. 4.30. Acts repealed on January 1, 2020. The following
8Acts are repealed on January 1, 2020:
9    The Auction License Act.
10    The Community Association Manager Licensing and
11Disciplinary Act.
12    The Illinois Architecture Practice Act of 1989.
13    The Illinois Landscape Architecture Act of 1989.
14    The Illinois Professional Land Surveyor Act of 1989.
15    The Orthotics, Prosthetics, and Pedorthics Practice Act.
16    The Perfusionist Practice Act.
17    The Pharmacy Practice Act.
18    The Professional Engineering Practice Act of 1989.
19    The Real Estate License Act of 2000.
20    The Structural Engineering Practice Act of 1989.
21(Source: P.A. 100-497, eff. 9-8-17; 100-534, eff. 9-22-17;
22100-863, eff. 8-14-18.)
 

 

 

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1    (5 ILCS 80/4.40 new)
2    Sec. 4.40. Act repealed on January 1, 2030. The following
3Act is repealed on January 1, 2030:
4    The Illinois Architecture Practice Act of 1989.
 
5    Section 10. The Illinois Architecture Practice Act of 1989
6is amended by changing Sections 4, 6, 8, 9, 10, 11, 12, 13, 14,
716, 17, 17.5, 18, 19, 20, 21, 22, 23, 23.5, 24, 25, 26, 27, 28,
829, 30, 31, 32, 33, 34, and 37 and by adding Section 4.1 as
9follows:
 
10    (225 ILCS 305/4)  (from Ch. 111, par. 1304)
11    (Section scheduled to be repealed on January 1, 2020)
12    Sec. 4. Definitions. In this Act:
13    "Address of record" means the designated address recorded
14by the Department in the applicant's or licensee's application
15file or license file maintained by the Department's licensure
16maintenance unit. It is the duty of the applicant or licensee
17to inform the Department of any change of address, and such
18changes must be made either through the Department's website or
19by directly contacting the Department.
20    "Architect, Retired" means a person who has been duly
21licensed as an architect by the Department and who chooses to
22place on inactive status or not renew his or her license
23pursuant to Section 17.5 of this Act.
24    "Architectural associate intern" means an unlicensed

 

 

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1person who has completed the education requirements, is
2actively participating in the diversified professional
3training, and maintains in good standing a training record as
4required for licensure by this Act and may use the title
5"architectural associate intern", but may not independently
6engage in the practice of architecture.
7    "Board" means the Illinois Architecture Licensing Board
8appointed by the Secretary.
9    "Department" means the Department of Financial and
10Professional Regulation.
11    "Design build" or and "design build entity" means the
12project delivery process defined in 68 Ill. Adm. Code 1150.85,
13and any amendments or changes thereto.
14    "Email address of record" means the designated email
15address recorded by the Department in the applicant's
16application file or the licensee's license file as maintained
17by the Department's licensure maintenance unit.
18    "Public health" as related to the practice of architecture
19means the state of the well-being of the body or mind of the
20building user.
21    "Public safety" as related to the practice of architecture
22means the state of being reasonably free from risk of danger,
23damage, or injury.
24    "Public welfare" as related to the practice of architecture
25means the well-being of the building user resulting from the
26state of a physical environment that accommodates human

 

 

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1activity.
2    "Secretary" means the Secretary of Financial and
3Professional Regulation.
4(Source: P.A. 96-610, eff. 8-24-09.)
 
5    (225 ILCS 305/4.1 new)
6    Sec. 4.1. Address of record; email address of record. All
7applicants and licensees shall:
8        (1) provide a valid address and email address to the
9    Department, which shall serve as the address of record and
10    email address of record, respectively, at the time of
11    application for licensure or renewal of a license; and
12        (2) inform the Department of any change of address of
13    record or email address of record within 14 days after such
14    change either through the Department's website or by
15    contacting the Department's licensure maintenance unit.
 
16    (225 ILCS 305/6)  (from Ch. 111, par. 1306)
17    (Section scheduled to be repealed on January 1, 2020)
18    Sec. 6. Technical submissions. All technical submissions
19intended for use in construction in the State of Illinois shall
20be prepared and administered in accordance with standards of
21reasonable professional skill and diligence. Care shall be
22taken to reflect the requirements of State statutes and, where
23applicable, county and municipal building ordinances in such
24submissions. In recognition that architects are licensed for

 

 

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1the protection of the public health, safety and welfare,
2submissions shall be of such quality and scope, and be so
3administered, as to conform to professional standards.
4    (a) Technical submissions are the designs, drawings, and
5specifications that which establish the scope of the
6architecture to be constructed, the standard of quality for
7materials, workmanship, equipment, and construction systems,
8and the studies and other technical reports and calculations
9prepared in the course of the practice of architecture.
10    (b) All technical submissions intended for use in the State
11of Illinois shall be prepared and administered in accordance
12with standards of reasonable professional skill and diligence.
13Care shall be taken to reflect the requirements of State
14statutes and, where applicable, county and municipal
15ordinances in such submissions. In recognition that architects
16are licensed for the protection of the public health, safety,
17and welfare, submissions shall be of such quality and scope,
18and be so administered, as to conform to professional
19standards.
20    (c) No officer, board, commission, or other public entity
21who receives technical submissions shall accept for filing or
22approval any technical submissions relating to services
23requiring the involvement of an architect that do not bear the
24seal and signature of an architect licensed under this Act.
25    (d) It is unlawful to affix one's seal to technical
26submissions if it masks the true identity of the person who

 

 

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1actually exercised responsible control of the preparation of
2such work. An architect who seals and signs technical
3submissions is not responsible for damage caused by subsequent
4changes to or uses of those technical submissions where the
5subsequent changes or uses, including changes or uses made by
6State or local governmental agencies, are not authorized or
7approved in writing by the architect who originally sealed and
8signed the technical submissions.
9(Source: P.A. 96-610, eff. 8-24-09.)
 
10    (225 ILCS 305/8)  (from Ch. 111, par. 1308)
11    (Section scheduled to be repealed on January 1, 2020)
12    Sec. 8. Powers and duties of the Department.
13    (a) The (1) Subject to the provisions of this Act, the
14Department shall, subject to the provisions of this Act,
15exercise the following functions, powers, and duties:
16        (1) Authorize (a) conduct examinations to ascertain
17    the qualifications and fitness of applicants for licensure
18    as architects, and pass upon the qualifications and fitness
19    of applicants for licensure by endorsement. ;
20        (2) Adopt (b) prescribe rules for a method of
21    examination of candidates. ;
22        (3) Adopt (c) prescribe rules defining what
23    constitutes an approved architectural program. a school,
24    college or university, or department of a university, or
25    other institution, reputable and in good standing, to

 

 

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1    determine whether or not a school, college or university,
2    or department of a university, or other institution is
3    reputable and in good standing by reference to compliance
4    with such rules, and to terminate the approval of such
5    school, college or university or department of a university
6    or other institution that refuses admittance to applicants
7    solely on the basis of race, color, creed, sex or national
8    origin. The Department may adopt, as its own rules relating
9    to education requirements, those guidelines published from
10    time to time by the National Architectural Accrediting
11    Board. ;
12        (4) Adopt (d) prescribe rules for diversified
13    professional training. ;
14        (5) Conduct hearings on proceedings to refuse to issue,
15    renew, or restore licenses or registrations, revoke
16    licenses or registrations, suspend licenses or
17    registrations, or place on probation or reprimand persons
18    or entities licensed or registered under the provisions of
19    this Act. (e) conduct oral interviews, disciplinary
20    conferences and formal evidentiary hearings on proceedings
21    to impose fines or to suspend, revoke, place on
22    probationary status, reprimand, and refuse to issue or
23    restore any license issued under the provisions of this Act
24    for the reasons set forth in Section 22 of this Act;
25        (6) Issue (f) issue licenses and registrations to those
26    who meet the requirements of this Act. ;

 

 

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1        (7) Adopt (g) formulate and publish rules necessary or
2    appropriate to carrying out the provisions of this Act;
3        (8) Maintain (h) maintain membership in the National
4    Council of Architectural Registration Boards and
5    participate in activities of the Council by designation of
6    individuals for the various classifications of membership
7    and the appointment of delegates for attendance at regional
8    and national meetings of the Council. All costs associated
9    with membership and attendance of such delegates to any
10    national meetings may be funded from the Design
11    Professionals Administration and Investigation Fund. ; and
12        (9) Review (i) review such applicant qualifications to
13    sit for the examination or for licensure that the Board
14    designates pursuant to Section 10 of this Act.
15        (10) Conduct investigations related to possible
16    violations of this Act.
17        (11) Post on the Department's website a newsletter
18    describing the most recent changes in this Act and the
19    rules adopted under this Act and containing information of
20    any final disciplinary action that has been ordered under
21    this Act since the date of the last newsletter.
22    (b) (2) Upon the issuance of any final decision or order
23that deviates from any report or recommendation of the Board
24relating to the qualification of applicants, discipline of
25licensees or registrants, or adoption promulgation of rules,
26the Secretary shall notify the Board on any such deviation and

 

 

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1shall specify with particularity the reasons for the action in
2with an explanation of the deviation and provide a reasonable
3time for the Board to submit comments to the Secretary
4regarding the final decision or order. The Department may at
5any time seek the expert advice and knowledge of the Board on
6any matter relating to the enforcement of this Act.
7    (c) (3) The Department may in its discretion, but shall not
8be required to, employ or utilize the legal services of outside
9counsel and the investigative services of outside personnel to
10assist the Department. However, no attorney employed or used by
11the Department shall prosecute a matter or provide legal
12services to the Department or Board with respect to the same
13matter.
14(Source: P.A. 98-976, eff. 8-15-14.)
 
15    (225 ILCS 305/9)  (from Ch. 111, par. 1309)
16    (Section scheduled to be repealed on January 1, 2020)
17    Sec. 9. Creation of the Board. The Secretary Director shall
18appoint an Architecture Licensing Board consisting which will
19consist of 7 6 members who shall serve in an advisory capacity
20to the Secretary. All members of the Board shall be residents
21of Illinois. Six Five members shall (i) hold a valid
22architecture license in Illinois and have held the license
23under this Act for the preceding 10 years, and (ii) not have
24been disciplined within the preceding 10 years under this Act.
25One architect be architects, one of whom shall be a tenured

 

 

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1member of the architectural faculty of an Illinois public
2university accredited by the National Architectural
3Accrediting Board. The other 4 shall be architects, residing in
4this State, who have been engaged in the practice of
5architecture at least 10 years. In addition to the 6 5
6architects, there shall be one public member. The public member
7shall be a voting member and shall not be licensed under this
8Act or any other design profession licensing Act that the
9Department administers not hold a license as an architect,
10professional engineer, structural engineer or land surveyor.
11    Board members shall serve 5-year 5 year terms and until
12their successors are appointed and qualified. In appointing
13members making the designation of persons to the Board, the
14Secretary Director shall give due consideration to
15recommendations by members and organizations of the
16architecture profession.
17    The membership of the Board should reasonably reflect
18representation from the geographic areas in this State.
19    No member shall be reappointed to the Board for a term
20which would cause his or her continuous service on the Board to
21be longer than 2 consecutive 5-year terms 10 successive years.
22    Appointments to fill vacancies shall be made in the same
23manner as original appointments, for the unexpired portion of
24the vacated term.
25    Four members of the Board shall constitute a quorum. A
26quorum is required for Board decisions.

 

 

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1    The Secretary Director may remove any member of the Board
2for misconduct, incompetence, or neglect of duty, or for
3reasons prescribed by law for removal of State officials.
4    The Secretary Director may remove a member of the Board who
5does not attend 2 consecutive meetings.
6    Notice of proposed rulemaking shall be transmitted to the
7Board and the Department shall review the response of the Board
8and any recommendations made therein. The Department may, at
9any time, seek the expert advice and knowledge of the Board on
10any matter relating to the administration or enforcement of
11this Act.
12    Members of the Board are not liable for damages in any
13action or proceeding as a result of activities performed as
14members of the Board, except upon proof of actual malice. are
15immune from suit in any action based upon any disciplinary
16proceedings or other activities performed in good faith as
17members of the Board.
18    Members of the Board shall be reimbursed for all
19legitimate, necessary, and authorized expenses.
20(Source: P.A. 98-976, eff. 8-15-14.)
 
21    (225 ILCS 305/10)  (from Ch. 111, par. 1310)
22    (Section scheduled to be repealed on January 1, 2020)
23    Sec. 10. Powers and duties of the Board. Subject to the
24provisions of this Act, the Board shall exercise the following
25functions, powers, and duties:

 

 

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1        (a) The Board shall hold at least 3 regular meetings
2    each year, conducted in accordance with the Open Meetings
3    Act.
4        (b) The Board shall annually elect a Chairperson and a
5    Vice Chairperson who shall be Illinois licensed
6    architects.
7        (c) The Board, upon request by the Department, may make
8    a curriculum evaluation or use a nationally certified
9    evaluation service to determine if courses conform to the
10    requirements of approved architectural programs.
11        (d) The Board shall assist the Department in conducting
12    oral interviews, disciplinary conferences and formal
13    evidentiary hearings.
14        (d) (e) The Department may, at any time, seek the
15    expert advice and knowledge of the Board on any matter
16    relating to the enforcement of this Act.
17        (e) (f) The Board may appoint a subcommittee to serve
18    as a Complaint Committee to recommend the disposition of
19    case files according to procedures established by rule in
20    68 Ill. Adm. Code 1150.95, and any amendments or changes
21    thereto.
22        (f) The Board shall assist the Department in conducting
23    oral interviews, disciplinary conferences, informal
24    conferences, and formal evidentiary hearings.
25        (g) The Board shall review applicant qualifications to
26    sit for the examination or for licensure and shall make

 

 

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1    recommendations to the Department except for those
2    applicant qualifications that the Board designates as
3    routinely acceptable. The Department shall review the
4    Board's recommendations on applicant qualifications. The
5    Secretary shall notify the Board with an explanation of any
6    deviation from the Board's recommendation on applicant
7    qualifications. After review of the Secretary's
8    explanation of his or her reasons for deviation, the Board
9    shall have the opportunity to comment upon the Secretary's
10    decision.
11        (h) The Board may submit comments to the Secretary
12    within a reasonable time from notification of any final
13    decision or order from the Secretary that deviates from any
14    report or recommendation of the Board relating to the
15    qualifications of applicants, unlicensed practice,
16    discipline of licensees or registrants, or promulgation of
17    rules.
18        (h) (i) The Board may recommend that the Department
19    contract with an individual or a corporation or other
20    business entity to assist in the providing of
21    investigative, legal, prosecutorial, and other services
22    necessary to perform its duties pursuant to subsection (c)
23    (3) of Section 8 of this Act.
24(Source: P.A. 98-976, eff. 8-15-14.)
 
25    (225 ILCS 305/11)  (from Ch. 111, par. 1311)

 

 

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1    (Section scheduled to be repealed on January 1, 2020)
2    Sec. 11. Application for licensure original license.
3    (a) Applications for original licenses licensure shall be
4made to the Department in writing on forms or electronically as
5prescribed by the Department and shall be accompanied by the
6required fee, which is not refundable. All applications shall
7contain information that, in the judgment of the Department,
8will enable the Department to pass on the qualifications of the
9applicant for a license as an architect. Any such application
10shall require information as in the judgment of the Department
11will enable the Department to pass on the qualifications of the
12applicant to practice architecture. The Department may require
13an applicant, at the applicant's expense, to have an evaluation
14of the applicant's education in a foreign country by an
15evaluation service approved by the Department Board in
16accordance with rules prescribed by the Department.
17    (b) Applicants have 3 years from the date of application to
18complete the application process. If the process has not been
19completed in 3 years, the application shall be denied, the fee
20shall be forfeited, and the applicant must reapply and meet the
21requirements in effect at the time of reapplication.
22    An applicant who has graduated from an architectural
23program outside the United States or its territories and whose
24first language is not English shall submit certification of
25passage of the Test of English as a Foreign Language (TOEFL)
26and a test of spoken English as defined by rule. However, any

 

 

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1such applicant who subsequently earns an advanced degree from
2an accredited educational institution in the United States or
3its territories shall not be subject to this requirement.
4(Source: P.A. 98-993, eff. 1-1-15.)
 
5    (225 ILCS 305/12)  (from Ch. 111, par. 1312)
6    (Section scheduled to be repealed on January 1, 2020)
7    Sec. 12. Examinations; subjects; failure or refusal to take
8examination.
9    (a) The Department shall authorize examinations of
10applicants for a license under this Act at such times and
11places as it may determine. The examination shall be of a
12character to give a fair test of the qualifications of the
13applicant to practice as an architect.
14    (b) An applicant for examination is required to pay, either
15to the Department or the designated testing service, a fee
16covering the cost of providing the examination. Failure to
17appear for the examination on the scheduled date, at the time
18and place specified, after the applicant's application for
19examination has been received and acknowledged by the
20Department or the designated testing service, shall result in
21the forfeiture of the examination fee.
22    (c) If an applicant fails to pass an examination for
23licensure under this Act within 3 years after filing the
24application, the application shall be denied. However, such
25applicant may thereafter make a new application for examination

 

 

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1accompanied by the required fee and must furnish proof of
2meeting the qualifications for examination in effect at the
3time of the new application.
4The Department shall authorize examination of applicants as
5architects at such times and places as it may determine. The
6examination shall be in English and shall be written or written
7and graphic. It shall include at a minimum the following
8subjects:
9        (a) pre-design (environmental analysis, architectural
10    programming, and application of principles of project
11    management and coordination);
12        (b) site planning (site analysis, design and
13    development, parking, and application of zoning
14    requirements);
15        (c) building planning (conceptual planning of
16    functional and space relationships, building design,
17    interior space layout, barrier-free design, and the
18    application of the life safety code requirements and
19    principles of energy efficient design);
20        (d) building technology (application of structural
21    systems, building components, and mechanical and
22    electrical systems);
23        (e) general structures (identification, resolution,
24    and incorporation of structural systems and the long span
25    design on the technical aspects of the design of buildings
26    and the process and construction);

 

 

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1        (f) lateral forces (identification and resolution of
2    the effects of lateral forces on the technical aspects of
3    the design of buildings and the process of construction);
4        (g) mechanical and electrical systems (as applied to
5    the design of buildings, including plumbing and acoustical
6    systems);
7        (h) materials and methods (as related to the design of
8    buildings and the technical aspects of construction); and
9        (i) construction documents and services (conduct of
10    architectural practice as it relates to construction
11    documents, bidding, and construction administration and
12    contractual documents from beginning to end of a building
13    project).
14    It shall be the responsibility of the applicant to be
15familiar with this Act and its rules.
16    Examination subject matter headings and bases on which
17examinations are graded shall be indicated in rules pertaining
18to this Act. The Department may adopt the examinations and
19grading procedures of the National Council of Architectural
20Registration Boards. Content of any particular examination
21shall not be considered public record under the Freedom of
22Information Act.
23    If an applicant neglects without an approved excuse or
24refuses to take the next available examination offered for
25licensure under this Act, the fee paid by the applicant shall
26be forfeited. If an applicant fails to pass an examination for

 

 

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1licensure under this Act within 3 years after filing an
2application, the application shall be denied. The applicant
3may, however, make a new application for examination
4accompanied by the required fee and must furnish proof of
5meeting the qualifications for examination in effect at the
6time of the new application.
7    (d) An applicant shall have 5 years from the passage of the
8first examination to successfully complete all examinations
9required by rule of the Department.
10    The Department may by rule prescribe additional subjects
11for examination.
12    (e) An applicant has one year from the date of notification
13of successful completion of all the examination and experience
14requirements to apply to the Department for a license. If an
15applicant fails to apply within one year, the applicant shall
16be required to again take and pass the examination, unless the
17Department, upon recommendation of the Board, determines that
18there is sufficient cause for the delay that is not due to the
19fault of the applicant.
20(Source: P.A. 98-976, eff. 8-15-14.)
 
21    (225 ILCS 305/13)  (from Ch. 111, par. 1313)
22    (Section scheduled to be repealed on January 1, 2020)
23    Sec. 13. Qualifications of applicants. Any person who is of
24good moral character may apply for licensure if he or she is a
25graduate with a first professional degree in architecture from

 

 

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1a program accredited by the National Architectural Accrediting
2Board, has completed the examination requirements set forth
3under Section 12 of this Act, and has completed such
4diversified professional training, including academic
5training, as is required by rules of the Department. Until
6January 1, 2016, in lieu of the requirement of graduation with
7a first professional degree in architecture from a program
8accredited by the National Architectural Accrediting Board,
9the Department may admit an applicant who is a graduate with a
10pre-professional 4 year baccalaureate degree accepted for
11direct entry into a first professional master of architecture
12degree program, and who has completed such additional
13diversified professional training, including academic
14training, as is required by rules of the Department. The
15Department may adopt, as its own rules relating to diversified
16professional training, those guidelines published from time to
17time by the National Council of Architectural Registration
18Boards.
19    Good moral character means such character as will enable a
20person to discharge the fiduciary duties of an architect to
21that person's client and to the public in a manner that which
22protects health, safety, and welfare. Evidence of inability to
23discharge such duties may include the commission of an offense
24justifying discipline under Section 22. In addition, the
25Department may take into consideration whether the applicant
26has engaged in conduct or actions that would constitute grounds

 

 

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1for discipline under this Act.
2(Source: P.A. 98-288, eff. 8-9-13.)
 
3    (225 ILCS 305/14)  (from Ch. 111, par. 1314)
4    (Section scheduled to be repealed on January 1, 2020)
5    Sec. 14. Seal Display of license; seal. Every holder of a
6license as an architect shall display it in a conspicuous place
7in the principal office of the architect. Every architect shall
8have a reproducible seal, or facsimile, the impression print of
9which shall contain the name of the architect, the license
10number, and the words "Licensed Architect, State of Illinois".
11The architect shall affix the signature, current date, date of
12license expiration, and seal to the first sheet of any bound
13set or loose sheets of technical submissions used utilized as
14contract documents between the parties to the contract or
15prepared for the review and approval of any governmental or
16public authority having jurisdiction by that architect or under
17that architect's responsible control. The sheet of technical
18submissions in which the seal is affixed shall indicate those
19documents or parts thereof for which the seal shall apply. The
20seal and dates may be electronically affixed. The licensee may
21provide, at his or her sole discretion, an original signature
22in the licensee's handwriting, a scanned copy of the document
23bearing an original signature, or a signature generated by a
24computer. All technical submissions issued by any corporation,
25partnership, professional service corporation, or professional

 

 

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1design firm as registered under this Act shall contain the
2corporate or assumed business name and design firm registration
3number, in addition to any other seal requirements as set forth
4in this Section.
5    "Responsible control" means that amount of control over and
6detailed professional knowledge of the content of technical
7submissions during their preparation as is ordinarily
8exercised by architects applying the required professional
9standard of care. Merely reviewing or reviewing and correcting
10the technical submissions or any portion thereof prepared by
11those not in the regular employment of the office where the
12architect is resident without control over the content of such
13work throughout its preparation does not constitute
14responsible control.
15    An architect licensed under this Act the laws of this
16jurisdiction shall not sign and seal technical submissions that
17were not prepared by or under the responsible control of the
18architect except that:
19        (1) the architect may sign and seal those portions of
20    the technical submissions that were prepared by or under
21    the responsible control of persons who hold a license under
22    this Act, and who shall have signed and sealed the
23    documents, if the architect has reviewed in whole or in
24    part such portions and has either coordinated their
25    preparation or integrated them into his or her work;
26        (2) the architect may sign and seal portions of the

 

 

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1    professional work that are not required by this Act to be
2    prepared by or under the responsible control of an
3    architect if the architect has reviewed and adopted in
4    whole or in part such portions and has integrated them into
5    his or her work; and
6        (3) a partner or corporate officer of a professional
7    design firm registered in Illinois who is licensed under
8    the architecture licensing laws of this State, and who has
9    professional knowledge of the content of the technical
10    submissions and intends to be responsible for the adequacy
11    of the technical submissions, may sign and seal technical
12    submissions that are prepared by or under the responsible
13    control of architects who are licensed in this State and
14    who are in the regular employment of the professional
15    design firm.
16    The architect exercising responsible control under which
17the technical submissions documents or portions of the
18technical submissions documents were prepared shall be
19identified on the technical submissions documents or portions
20of the technical submissions documents by name and Illinois
21license number.
22    Any architect who signs and seals technical submissions not
23prepared by that architect but prepared under the architect's
24responsible control by persons not regularly employed in the
25office where the architect is resident shall maintain and make
26available to the board upon request for at least 5 years

 

 

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1following such signing and sealing, adequate and complete
2records demonstrating the nature and extent of the architect's
3control over and detailed professional knowledge of such
4technical submissions throughout their preparation.
5(Source: P.A. 98-289, eff. 1-1-14; 98-976, eff. 8-15-14.)
 
6    (225 ILCS 305/16)  (from Ch. 111, par. 1316)
7    (Section scheduled to be repealed on January 1, 2020)
8    Sec. 16. Renewal, reinstatement, or restoration of
9license; persons Licenses; renewal; restoration; architects in
10military service.
11    (a) The expiration date and renewal period for each license
12issued under this Act shall be set by rule. The holder of a
13license may renew such license during the month preceding the
14expiration date thereof by paying the required fee.
15    (b) An architect who has permitted his or her license to
16expire or who has had his or her license placed on inactive
17status may have his or her license restored by making
18application to the Department and filing proof acceptable to
19the Department of his or her fitness to have his or her license
20restored, including, but not limited to, sworn evidence
21certifying to active practice in another jurisdiction
22satisfactory to the Department, and by paying the required
23restoration fee as determined by rule.
24    If the person has not maintained an active practice in
25another jurisdiction satisfactory to the Department, the Board

 

 

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1shall determine, by an evaluation program established by rule,
2that person's fitness to resume active status and may require
3that person to successfully complete an examination.
4    Any person whose license has been expired for more than 3
5years may have his license restored by making application to
6the Department and filing proof acceptable to the Department of
7his fitness to have his license restored, including sworn
8evidence certifying to active practice in another
9jurisdiction, and by paying the required restoration fee.
10    (c) An architect However, any person whose license has
11expired while he has been engaged (1) in federal service on
12active duty with the Armed Forces Army of the United States,
13the United States Navy, the Marine Corps, the Air Force, the
14Coast Guard, or the State Militia called into the service or
15training of the United States of America, or (2) in training or
16education under the supervision of the United States
17preliminary to induction into the military service, may have a
18his license restored or reinstated without paying any lapsed
19reinstatement, renewal, fees or restoration fees fee if within
202 years after termination other than by dishonorable discharge
21of such service, training, or education and the Department is
22furnished with satisfactory evidence that the licensee has been
23so engaged in the practice of architecture and that such
24service, training, or education has been so terminated other
25than by dishonorable discharge he furnishes the Department with
26an affidavit to the effect that he has been so engaged and that

 

 

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1his service, training or education has been so terminated.
2(Source: P.A. 98-976, eff. 8-15-14.)
 
3    (225 ILCS 305/17)  (from Ch. 111, par. 1317)
4    (Section scheduled to be repealed on January 1, 2020)
5    Sec. 17. Inactive status; restoration. A person licensed
6under this Act Any architect, who notifies the Department in
7writing on forms prescribed by the Department, may elect to
8place his or her license on an inactive status and shall,
9subject to rules of the Department, be excused from payment of
10renewal fees until he or she notifies the Department in writing
11of his or her desire to resume active status.
12    Any architect requesting restoration from inactive status
13shall be required to pay the current renewal fee and shall have
14his or her license restored as provided in Section 16 of this
15Act.
16    Any architect whose license is in an inactive status shall
17not practice architecture in the State of Illinois.
18(Source: P.A. 98-976, eff. 8-15-14.)
 
19    (225 ILCS 305/17.5)
20    (Section scheduled to be repealed on January 1, 2020)
21    Sec. 17.5. Architect, Retired.
22    (a) Pursuant to Section 2105-15 of the Department of
23Professional Regulation Law of the Civil Administrative Code of
24Illinois, the Department may grant the title "Architect,

 

 

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1Retired" may be used by to any person who has been duly
2licensed as an architect under this Act by the Department and
3who has chosen to place on inactive status or not renew his or
4her license. Those persons using granted the title "Architect,
5Retired" may request restoration to active status under the
6applicable provisions of this Act.
7    (b) The use of the title "Architect, Retired" shall not
8constitute representation of current licensure. Any person
9without an active license shall not be permitted to practice
10architecture as defined in this Act.
11    (c) Nothing in this Section shall be construed to require
12the Department to issue any certificate, credential, or other
13official document indicating that a person may use has been
14granted the title "Architect, Retired".
15(Source: P.A. 96-610, eff. 8-24-09.)
 
16    (225 ILCS 305/18)  (from Ch. 111, par. 1318)
17    (Section scheduled to be repealed on January 1, 2020)
18    Sec. 18. Endorsement.
19    (a) The Department may, upon application in writing on
20forms or electronically accompanied by the required fee, issue
21a license as an architect to an applicant licensed under the
22laws of another state, the District of Columbia, or a territory
23of the United States if the requirements for licensure in that
24jurisdiction were, on the date of original licensure,
25substantially equivalent to the requirements then in force in

 

 

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1this State.
2    (b) If the accuracy of any submitted documentation or
3relevance or sufficiency of the coursework or experience is
4questioned by the Department or the Board because of a lack of
5information, discrepancies or conflicts in information given,
6or a need for clarification, the applicant seeking licensure
7may be required to provide additional information.
8The Department may, in its discretion, license as an architect,
9without examination on payment of the required fee, an
10applicant who is an architect licensed under the laws of
11another state or territory, if the requirements for licensure
12in the state or territory in which the applicant was licensed
13were, at the date of his licensure, substantially equivalent to
14the requirements in force in this State on that date.
15    (c) Applicants have 3 years from the date of application to
16complete the application process. If the process has not been
17completed within the 3 years, the application shall be denied,
18the fee shall be forfeited, and the applicant must reapply and
19meet the requirements in effect at the time of reapplication.
20(Source: P.A. 86-702.)
 
21    (225 ILCS 305/19)  (from Ch. 111, par. 1319)
22    (Section scheduled to be repealed on January 1, 2020)
23    Sec. 19. Fees.
24    (a) The Department shall provide by rule for a schedule of
25fees to be paid for licenses or registrations by all

 

 

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1applicants. All fees are not refundable.
2    (b) The fees for the administration and enforcement of this
3Act, including, but not limited to, original licensure, firm
4registration, renewal, and restoration, shall be set by rule by
5the Department.
6    (c) All of the fees and fines collected as authorized under
7this Act pursuant to this Section shall be deposited in the
8Design Professionals Administration and Investigation Fund. Of
9the moneys deposited into the Design Professionals
10Administration and Investigation Fund, the Department may use
11such funds as necessary and available to produce and distribute
12newsletters to persons licensed under this Act.
13    Any person who delivers a check or other payment to the
14Department that is returned to the Department unpaid by the
15financial institution upon which it is drawn shall pay to the
16Department, in addition to the amount already owed to the
17Department, a fine of $50. The fines imposed by this Section
18are in addition to any other discipline provided under this Act
19for unlicensed practice or practice on a nonrenewed license.
20The Department shall notify the person that payment of fees and
21fines shall be paid to the Department by certified check or
22money order within 30 calendar days of the notification. If,
23after the expiration of 30 days from the date of the
24notification, the person has failed to submit the necessary
25remittance, the Department shall automatically terminate the
26license or certificate or deny the application, without

 

 

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1hearing. If, after termination or denial, the person seeks a
2license or certificate, he or she shall apply to the Department
3for restoration or issuance of the license or certificate and
4pay all fees and fines due to the Department. The Department
5may establish a fee for the processing of an application for
6restoration of a license or certificate to pay all expenses of
7processing this application. The Director may waive the fines
8due under this Section in individual cases where the Director
9finds that the fines would be unreasonable or unnecessarily
10burdensome.
11(Source: P.A. 91-133, eff. 1-1-00; 92-146, eff. 1-1-02.)
 
12    (225 ILCS 305/20)  (from Ch. 111, par. 1320)
13    (Section scheduled to be repealed on January 1, 2020)
14    Sec. 20. Roster of licensees and registrants. The
15Department shall maintain a roster showing the address of
16record of individuals and entities who hold licenses or
17registrations under this Act. A roster showing the names and
18addresses of all architects, architectural corporations and
19partnerships and professional design firms licensed or
20registered under this Act shall be prepared by the Department
21each year. This roster shall be organized by discipline and
22available by discipline upon written request and payment of the
23required fee.
24(Source: P.A. 94-543, eff. 8-10-05.)
 

 

 

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1    (225 ILCS 305/21)  (from Ch. 111, par. 1321)
2    (Section scheduled to be repealed on January 1, 2020)
3    Sec. 21. Professional design firm registration;
4conditions.
5    (a) Nothing in this Act shall prohibit the formation, under
6the provisions of the Professional Service Corporation Act, of
7a corporation to offer the practice of architecture.
8    Any business, including, but not limited to, a Professional
9Service Corporation, that includes the practice of
10architecture within its stated purposes, practices
11architecture, or holds itself out as available to practice
12architecture shall register with the Department under this
13Section. Any professional service corporation, sole
14proprietorship, or professional design firm offering
15architectural services must have a resident architect in
16responsible charge of the architectural practices in each
17location in which architectural services are provided who shall
18be designated as a managing agent.
19    Any sole proprietorship not owned and operated by an
20Illinois licensed design professional licensed under this Act
21is prohibited from offering architectural services to the
22public. "Illinois licensed design professional" means a person
23who holds an active license as an architect under this Act, as
24a structural engineer under the Structural Engineering
25Practice Act of 1989, as a professional engineer under the
26Professional Engineering Practice Act of 1989, or as a

 

 

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1professional land surveyor under the Professional Land
2Surveyor Act of 1989. Any sole proprietorship owned and
3operated by an architect with an active license issued under
4this Act and conducting or transacting such business under an
5assumed name in accordance with the provisions of the Assumed
6Business Name Act shall comply with the registration
7requirements of a professional design firm. Any sole
8proprietorship owned and operated by an architect with an
9active license issued under this Act and conducting or
10transacting such business under the real name of the sole
11proprietor is exempt from the registration requirements of a
12professional design firm.
13    (b) Any business corporation, including, but not limited
14to, a Professional Service Corporation, partnership, limited
15liability company, or professional design firm seeking to be
16registered under this Section shall not be registered as a
17professional design firm unless:
18        (1) two-thirds of the board of directors, in the case
19    of a corporation, or two-thirds of the general partners, in
20    the case of a partnership, or two-thirds of the members, in
21    the case of a limited liability company, are licensed under
22    the laws of any State to practice architecture,
23    professional engineering, land surveying, or structural
24    engineering; and
25        (2) a managing agent is (A) a sole proprietor or a
26    director in the case of a corporation, a general partner in

 

 

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1    the case of a partnership, or a member in the case of a
2    limited liability company, and (B) holds a license under
3    this Act.
4    Any corporation, limited liability company, professional
5service corporation, or partnership qualifying under this
6Section and practicing in this State shall file with the
7Department any information concerning its officers, directors,
8members, managers, partners or beneficial owners as the
9Department may, by rule, require.
10    (c) No business shall offer the practice or hold itself out
11as available to offer the practice of architecture until it is
12registered with the Department as a professional design firm.
13Every entity registered as a professional design firm shall
14display its certificate of registration or a facsimile thereof
15in a conspicuous place in each office offering architectural
16services.
17    (d) Any business seeking to be registered under this
18Section shall make application on a form provided by the
19Department and shall provide any information requested by the
20Department, which shall include but shall not be limited to all
21of the following:
22        (1) The name and architect's license number of at least
23    one person designated as a managing agent. In the case of a
24    corporation, the corporation shall also submit a certified
25    copy of the resolution by the board of directors
26    designating at least one managing agent. If a limited

 

 

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1    liability company, the company shall submit a certified
2    copy of either its articles of organization or operating
3    agreement designating at least one managing agent.
4        (2) The names and architect's, professional
5    engineer's, structural engineer's, or land surveyor's
6    license numbers of the directors, in the case of a
7    corporation, the members, in the case of a limited
8    liability company, or general partners, in the case of a
9    partnership.
10        (3) A list of all locations at which the professional
11    design firm provides architectural services.
12        (4) A list of all assumed names of the business.
13    Nothing in this Section shall be construed to exempt a
14    business from compliance with the requirements of the
15    Assumed Business Name Act.
16    It is the responsibility of the professional design firm to
17provide the Department notice, in writing, of any changes in
18the information requested on the application.
19    (e) If In the event a managing agent is terminated or
20terminates his or her status as managing agent of the
21professional design firm, the managing agent and the
22professional design firm shall notify the Department of this
23fact in writing, by regular certified mail or email, within 10
24business days of termination.
25    Thereafter, the professional design firm, if it has so
26informed the Department, has 30 days in which to notify the

 

 

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1Department of the name and architect's license number of the
2architect who is the newly designated managing agent. If a
3corporation, the corporation shall also submit a certified copy
4of a resolution by the board of directors designating the new
5managing agent. If a limited liability company, the company
6shall also submit a certified copy of either its articles of
7organization or operating agreement designating the new
8managing agent. The Department may, upon good cause shown,
9extend the original 30-day 30 day period.
10    If the professional design firm has not notified the
11Department in writing, by regular certified mail or email,
12within the specified time, the registration shall be terminated
13without prior hearing. Notification of termination shall be
14sent by regular certified mail to the address of record. If the
15professional design firm continues to operate and offer
16architectural services after the termination, the Department
17may seek prosecution under Sections 22, 36, and 23.5 36a of
18this Act for the unlicensed practice of architecture.
19    (f) No professional design firm shall be relieved of
20responsibility for the conduct or acts of its agents,
21employees, or officers by reason of its compliance with this
22Section, nor shall any individual practicing architecture be
23relieved of the responsibility for professional services
24performed by reason of the individual's employment or
25relationship with a professional design firm registered under
26this Section.

 

 

SB1684 Enrolled- 35 -LRB101 08690 JRG 53775 b

1    (g) Disciplinary action against a professional design firm
2registered under this Section shall be administered in the same
3manner and on the same grounds as disciplinary action against a
4licensed architect. All disciplinary action taken or pending
5against a corporation or partnership before the effective date
6of this amendatory Act of 1993 shall be continued or remain in
7effect without the Department filing separate actions.
8(Source: P.A. 98-976, eff. 8-15-14.)
 
9    (225 ILCS 305/22)  (from Ch. 111, par. 1322)
10    (Section scheduled to be repealed on January 1, 2020)
11    Sec. 22. Grounds for disciplinary action Refusal,
12suspension and revocation of licenses; causes.
13    (a) The Department may, singularly or in combination,
14refuse to issue or , renew a license or restore, or may suspend,
15revoke, suspend, place on probation, reprimand, or take other
16disciplinary or non-disciplinary action the Department may
17deem proper as deemed appropriate, including fines not to
18exceed $10,000 for each violation, but not limited to, the
19imposition of fines not to exceed $10,000 for each violation,
20as the Department may deem proper, with regard to any a license
21issued under this Act, for any one or a combination of the
22following reasons causes:
23        (1) Material material misstatement in furnishing
24    information to the Department. ;
25        (2) Negligence negligence, incompetence, or misconduct

 

 

SB1684 Enrolled- 36 -LRB101 08690 JRG 53775 b

1    in the practice of architecture. ;
2        (3) Failure failure to comply with any of the
3    provisions of this Act or any of the rules. ;
4        (4) Fraud or making any misrepresentation in applying
5    for or procuring a license or registration under this Act
6    or in connection with applying for renewal or restoration
7    of a license or registration under this Act. for the
8    purpose of obtaining licensure;
9        (5) Purposefully purposefully making false statements
10    or signing false statements, certificates or affidavits to
11    induce payment. ;
12        (6) Conviction conviction of or entry of a plea of
13    guilty or nolo contendere, finding of guilt, jury verdict,
14    or entry of judgment or sentencing, including, but not
15    limited to, convictions, preceding sentences of
16    supervision, conditional discharge, or first offender
17    probation to any crime that is a felony under the laws of
18    any jurisdiction of the United States or any state or
19    territory thereof or that is (i) a misdemeanor, an
20    essential element of which is dishonesty, or any crime that
21    is directly related to the practice of the profession of
22    architecture or (ii) a felony. ;
23        (7) Aiding aiding or assisting another person in
24    violating any provision of this Act or the its rules
25    adopted under this Act. ;
26        (8) Failing to provide information in response to a

 

 

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1    written request made by the Department within 60 days after
2    receipt of the written request. signing, affixing the
3    architect's seal or permitting the architect's seal to be
4    affixed to any technical submission not prepared by the
5    architect or under that architect's responsible control;
6        (9) Engaging engaging in dishonorable, unethical or
7    unprofessional conduct of a character likely to deceive,
8    defraud or harm the public. ;
9        (10) Habitual habitual or excessive use or abuse of
10    drugs defined in law as controlled substances, addiction to
11    alcohol, narcotics, stimulants, or any other substances
12    chemical agent or drug that results in the inability to
13    practice with reasonable judgment, skill, or safety. ;
14        (11) Making making a statement of compliance pursuant
15    to the Environmental Barriers Act that technical
16    submissions prepared by the architect or prepared under the
17    architect's responsible control for construction or
18    alteration of an occupancy required to be in compliance
19    with the Environmental Barriers Act are in compliance with
20    the Environmental Barriers Act when such technical
21    submissions are not in compliance. ;
22        (12) A finding by the Department that an applicant or
23    licensee has failed to pay a fine imposed by the
24    Department. a finding by the Board that an applicant or
25    registrant has failed to pay a fine imposed by the
26    Department or a registrant, whose license has been placed

 

 

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1    on probationary status, has violated the terms of
2    probation;
3        (13) A finding by the Department that the licensee,
4    after having his or her license placed on probationary
5    status, has violated or failed to comply with the terms of
6    probation. discipline by another state, territory, foreign
7    country, the District of Columbia, the United States
8    government, or any other governmental agency, if at least
9    one of the grounds for discipline is the same or
10    substantially equivalent to those set forth herein;
11        (14) Inability to practice the profession with
12    reasonable judgment, skill, or safety as a result of
13    physical illness, including, but not limited to,
14    deterioration through the aging process, loss of motor
15    skill, mental illness, or disability. failure to provide
16    information in response to a written request made by the
17    Department within 30 days after the receipt of such written
18    request;
19        (15) Discipline by another state, territory, foreign
20    country, the District of Columbia, the United States
21    government, or any other governmental agency if at least
22    one of the grounds for discipline is the same or
23    substantially equivalent to those set forth in this Act.
24    physical illness, including, but not limited to,
25    deterioration through the aging process or loss of motor
26    skill, mental illness, or disability which results in the

 

 

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1    inability to practice the profession with reasonable
2    judgment, skill, and safety, including without limitation
3    deterioration through the aging process, mental illness,
4    or disability.
5        (16) The making of any willfully false oath or
6    affirmation in any matter or proceeding where an oath or
7    affirmation is required by this Act.
8        (17) Using or attempting to use an expired, inactive,
9    suspended, or revoked license or the certificate or seal of
10    another or impersonating another licensee.
11        (19) Signing, affixing, or allowing the architect's
12    seal to be affixed to any technical submission not prepared
13    by the architect or under the architect's responsible
14    control.
15    (a-5) In enforcing this Section, the Department or Board,
16upon a showing of a possible violation, may order a licensee or
17applicant to submit to a mental or physical examination, or
18both, at the expense of the Department. The Department or Board
19may order the examining physician to present testimony
20concerning his or her examination of the licensee or applicant.
21No information shall be excluded by reason of any common law or
22statutory privilege relating to communications between the
23licensee or applicant and the examining physician. The
24examining physicians shall be specifically designated by the
25Board or Department. The licensee or applicant may have, at his
26or her own expense, another physician of his or her choice

 

 

SB1684 Enrolled- 40 -LRB101 08690 JRG 53775 b

1present during all aspects of the examination. Failure of a
2licensee or applicant to submit to any such examination when
3directed, without reasonable cause as defined by rule, shall be
4grounds for either the immediate suspension of his or her
5license or immediate denial of his or her application.
6    If the Secretary immediately suspends the license of a
7licensee for his or her failure to submit to a mental or
8physical examination when directed, a hearing must be convened
9by the Department within 15 days after the suspension and
10completed without appreciable delay.
11    If the Secretary otherwise suspends a license pursuant to
12the results of the licensee's mental or physical examination, a
13hearing must be convened by the Department within 15 days after
14the suspension and completed without appreciable delay. The
15Department and Board shall have the authority to review the
16licensee's record of treatment and counseling regarding the
17relevant impairment or impairments to the extent permitted by
18applicable federal statutes and regulations safeguarding the
19confidentiality of medical records.
20    Any licensee suspended under this subsection (a-5) shall be
21afforded an opportunity to demonstrate to the Department or
22Board that he or she can resume practice in compliance with the
23acceptable and prevailing standards under the provisions of his
24or her license.
25    (b) The determination by a circuit court that a licensee is
26subject to involuntary admission or judicial admission, as

 

 

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1provided in the Mental Health and Developmental Disabilities
2Code, operates as an automatic suspension. Such suspension will
3end only upon a finding by a court that the patient is no
4longer subject to involuntary admission or judicial admission,
5the issuance of an order so finding and discharging the
6patient, and the recommendation of the Board to the Secretary
7that the licensee be allowed to resume practice.
8    (c) (Blank).
9    (d) If In cases where the Department of Healthcare and
10Family Services (formerly the Department of Public Aid) has
11previously determined that a licensee or a potential licensee
12is more than 30 days delinquent in the payment of child support
13and has subsequently certified the delinquency to the
14Department, the Department shall refuse to issue or renew or
15shall revoke or suspend that person's license or shall take
16other disciplinary action against that person based solely upon
17the certification of delinquency made by the Department of
18Healthcare and Family Services in accordance with subdivision
19(a)(5) of Section 2105-15 of the Department of Professional
20Regulation Law of the Civil Administrative Code of Illinois.
21    (e) The Department shall refuse to issue or renew or shall
22revoke or suspend a person's license or entity's registration
23or shall take other disciplinary action against that person or
24entity for his or her failure to file a return, to pay the tax,
25penalty, or interest shown in a filed return, or to pay any
26final assessment of tax, penalty, or interest as required by

 

 

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1any tax Act administered by the Department of Revenue, until
2the requirements of the tax Act are satisfied in accordance
3with subsection (g) of Section 2105-15 of the Department of
4Professional Regulation Law of the Civil Administrative Code of
5Illinois. The Department shall deny a license or renewal
6authorized by this Act to a person who has failed to file a
7return, to pay the tax, penalty, or interest shown in a filed
8return, or to pay any final assessment of tax, penalty, or
9interest as required by any tax Act administered by the
10Department of Revenue, until such time as the requirements of
11the tax Act are satisfied in accordance with subsection (g) of
12Section 2105-15 of the Department of Professional Regulation
13Law of the Civil Administrative Code of Illinois.
14    (f) Persons who assist the Department as consultants or
15expert witnesses in the investigation or prosecution of alleged
16violations of the Act, licensure matters, restoration
17proceedings, or criminal prosecutions, shall not be liable for
18damages in any civil action or proceeding as a result of such
19assistance, except upon proof of actual malice. The attorney
20general shall defend such persons in any such action or
21proceeding.
22(Source: P.A. 100-872, eff. 8-14-18.)
 
23    (225 ILCS 305/23)  (from Ch. 111, par. 1323)
24    (Section scheduled to be repealed on January 1, 2020)
25    Sec. 23. Injunction Violations; injunction; cease and

 

 

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1desist order.
2    (a) If any person or entity violates a provision of this
3Act, the Secretary Director may, in the name of the People of
4the State of Illinois, through the Attorney General of the
5State of Illinois, petition for an order enjoining such
6violation or for an order enforcing compliance with this Act.
7Upon the filing of a verified petition in such court, the court
8may issue a temporary restraining order, without notice or
9bond, and may preliminarily and permanently enjoin such
10violation. If it is established that such person or entity has
11violated or is violating the injunction, the court Court may
12punish the offender for contempt of court. Proceedings under
13this Section are in addition to, and not in lieu of, all other
14remedies and penalties provided by this Act.
15    (b) If any person or entity practices as an architect or
16holds himself, herself, or itself out as an architect or
17professional design firm without being licensed or registered
18under the provisions of this Act, then any architect, any
19interested party or any person injured thereby may, in addition
20to the Secretary Director, petition for relief as provided in
21subsection (a) of this Section.
22    (c) If, Whenever in the opinion of the Department, any
23person or entity violates any provision of this Act, the
24Department may issue a rule to show cause why an order to cease
25and desist should not be entered against the person or entity
26him. The rule shall clearly set forth the grounds relied upon

 

 

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1by the Department and shall provide a period of 7 days from the
2date of the rule to file an answer to the satisfaction of the
3Department. Failure to answer to the satisfaction of the
4Department shall cause an order to cease and desist to be
5issued immediately.
6(Source: P.A. 98-976, eff. 8-15-14.)
 
7    (225 ILCS 305/23.5)
8    (Section scheduled to be repealed on January 1, 2020)
9    Sec. 23.5. Unlicensed practice; violation; civil penalty.
10    (a) Use of the title "architect" or any of its derivations
11is limited to those persons or entities licensed or registered
12under this Act. Any person who practices, offers to practice,
13attempts to practice, or holds himself or herself oneself out
14to practice as an architect without being licensed under this
15Act shall, in addition to any other penalty provided by law,
16pay a civil penalty to the Department in an amount not to
17exceed $10,000 for each offense as determined by the
18Department. The civil penalty shall be assessed by the
19Department after a hearing is held in accordance with the
20provisions set forth in this Act regarding the provision of a
21hearing for the discipline of a licensee.
22    (b) An entity or business that offers design services under
23this Act without being registered as a professional design firm
24or exempt under this Act shall, in addition to any other
25penalty provided by law, pay a civil penalty to the Department

 

 

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1in an amount not to exceed $10,000 for each offense, as
2determined by the Department. The civil penalty shall be
3assessed by the Department after a hearing is held in
4accordance with the provisions set forth in this Act regarding
5the provision of a hearing for the discipline of a licensee.
6(a-5) Any entity that advertises architecture services in a
7telecommunications directory must include its architecture
8firm registration number or, in the case of a sole proprietor,
9his or her individual license number. Nothing in this
10subsection (a-5) requires the publisher of a
11telecommunications directory to investigate or verify the
12accuracy of the registration or license number provided by the
13advertiser of architecture services.
14    (c) (b) The Department may has the authority and power to
15investigate any actual, alleged, or suspected and all
16unlicensed activity.
17    (d) (c) The civil penalty shall be paid within 60 days
18after the effective date of the order imposing the civil
19penalty. The order shall constitute a judgment and may be filed
20and execution had thereon in the same manner as any judgment
21from any court of record.
22    (e) A person or entity not licensed or registered under
23this Act who has violated any provision of this Act or its
24rules is guilty of a Class A misdemeanor for the first offense
25and a Class 4 felony for a second and subsequent offenses.
26(Source: P.A. 96-610, eff. 8-24-09.)
 

 

 

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1    (225 ILCS 305/24)  (from Ch. 111, par. 1324)
2    (Section scheduled to be repealed on January 1, 2020)
3    Sec. 24. Investigations; notice and hearing.
4    (a) The Department may investigate the actions of any
5applicant or of any person or entity holding or claiming to
6hold a license under this Act or registration.
7    (b) Before the initiation of a formal complaint an
8investigation, the matter shall be reviewed by a subcommittee
9of the Board according to procedures established by rule for
10the Complaint Committee. If a subcommittee has not been formed,
11the matter shall proceed through the process as stated in
12subsection (c) of this Section.
13    (c) The Department shall, before disciplining an
14applicant, licensee, or registrant refusing to restore, issue
15or renew a license or registration, or discipline a licensee or
16registrant, at least 30 days prior to the date set for the
17hearing, (i) notify in writing the accused applicant for, or
18holder of, a license or registrant of the nature of the charges
19made and the time and place for the hearing on the charges,
20(ii) and that a hearing will be held on the date designated,
21and direct the applicant, registrant, or entity or licensee or
22registrant to file a written answer to the charges Board under
23oath within 20 days after the service of the notice, and (iii)
24inform the applicant, or entity or licensee, or registrant that
25failure to file a written an answer to the charges will result

 

 

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

 

 

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1his or her address of record or email address of record.
2    (e) At the time and place fixed in the notice, the Board or
3hearing officer appointed by the Secretary shall proceed to
4hear the charges and the parties or their counsel shall be
5accorded ample opportunity to present any statement,
6testimony, evidence, and argument as may be pertinent to the
7charges or to their defense. The Board or hearing officer may
8continue the hearing from time to time.
9    (f) If the applicant, licensee, or registrant, after
10receiving the notice, fails to file an answer, his or her
11license or registration may, in the discretion of the
12Secretary, having first received the recommendation of the
13Board, be suspended, revoked, or placed on probationary status
14or be subject to whatever disciplinary action the Secretary
15considers proper, including limiting the scope, nature, or
16extent of the person's practice or imposing a fine, without
17hearing, if the act or acts charged constitute sufficient
18grounds for the action under this Act.
19(Source: P.A. 96-610, eff. 8-24-09.)
 
20    (225 ILCS 305/25)  (from Ch. 111, par. 1325)
21    (Section scheduled to be repealed on January 1, 2020)
22    Sec. 25. Record of proceedings Stenographer; transcript.
23    (a) The Department, at its expense, shall provide a
24certified shorthand reporter to take down the testimony and
25preserve a record of all proceedings at the hearing of any case

 

 

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1in which a license may be revoked, suspended, placed on
2probationary status, reprimanded, fined, or subjected to other
3disciplinary action with reference to the license when a
4disciplinary action is authorized under this Act and rules. The
5notice of hearing, complaint, and all other documents in the
6nature of pleadings and written motions filed in the
7proceedings, the transcript of the testimony, the report of the
8Board, and the orders of the Department shall be the record of
9the proceedings. The record may be made available to any person
10interested in the hearing upon payment of the fee required by
11Section 2105-115 of the Department of Professional Regulation
12Law of the Civil Administrative Code of Illinois.
13    (b) The Department may contract for court reporting
14services, and, if it does so, the Department shall provide the
15name and contact information for the certified shorthand
16reporter who transcribed the testimony at a hearing to any
17person interested, who may obtain a copy of the transcript of
18any proceedings at a hearing upon payment of the fee specified
19by the certified shorthand reporter.
20The Department, at its expense, shall preserve a record of all
21proceedings at the formal hearing of any case involving the
22refusal to restore, issue or renew a license, or the discipline
23of a licensee. The notice of hearing, complaint and all other
24documents in the nature of pleadings and written motions filed
25in the proceedings, the transcript of testimony, the report of
26the Board and the orders of the Department shall be the record

 

 

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1of the proceedings. A transcript of the record may be made
2available to any person interested in the hearing upon payment
3of the fee required by Section 2105-115 of the Department of
4Professional Regulation Law (20 ILCS 2105/2105-115).
5(Source: P.A. 96-610, eff. 8-24-09.)
 
6    (225 ILCS 305/26)  (from Ch. 111, par. 1326)
7    (Section scheduled to be repealed on January 1, 2020)
8    Sec. 26. Subpoenas; depositions; oaths.
9    (a) The Department has power to subpoena documents, books,
10records, or other materials and to bring before it any person
11and to take testimony, either orally or by deposition, or take
12written interrogatories, or any combination thereof, with the
13same fees and mileage and in the same manner as is prescribed
14in civil cases in the courts of this State.
15    (b) The Secretary, the designated hearing officer, and
16every member of the Board has the power to administer oaths to
17witnesses at any hearing that the Department is authorized to
18conduct and any other oaths authorized in any Act administered
19by the Department.
20(Source: P.A. 96-610, eff. 8-24-09.)
 
21    (225 ILCS 305/27)  (from Ch. 111, par. 1327)
22    (Section scheduled to be repealed on January 1, 2020)
23    Sec. 27. Compelling testimony Procedure to compel
24attendance of witnesses. Any circuit court, upon the

 

 

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1application of the accused person or complainant or of the
2Department, may, by order duly entered, require the attendance
3of witnesses and the production of relevant books and papers
4before the Department in any hearing relative to the
5application for or refusal, recall, suspension or revocation of
6a license, or the discipline of a licensee, and the court may
7compel obedience to its order by proceedings for contempt.
8(Source: P.A. 86-702.)
 
9    (225 ILCS 305/28)  (from Ch. 111, par. 1328)
10    (Section scheduled to be repealed on January 1, 2020)
11    Sec. 28. Hearing; motion for rehearing Report of Board;
12Rehearing.
13    (a) The Board or hearing officer appointed by the Secretary
14shall hear evidence in support of the formal charges and
15evidence produced by the licensee. At the conclusion of the
16hearing, the Board or hearing officer shall present to the
17Secretary a written report of its findings of fact, conclusions
18of law, and recommendations. If the Board fails to present its
19report, the applicant, licensee, or registrant may request in
20writing a direct appeal to the Secretary, in which case the
21Secretary may issue an order based upon the report of the
22hearing officer and the record of the proceedings or issue an
23order remanding the matter back to the hearing officer for
24additional proceedings in accordance with the order.
25    (b) At the conclusion of the hearing, a copy of the Board

 

 

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1or hearing officer's report shall be served upon the applicant,
2licensee, or registrant either personally or as provided in
3this Act for the service of the notice of hearing. Within 20
4calendar days after such service, the applicant, licensee, or
5registrant may present to the Department a motion, in writing,
6for a rehearing, which shall specify the particular grounds for
7rehearing. The Department may respond to the motion for
8rehearing within 20 calendar days after its service on the
9Department. If no motion for rehearing is filed, then upon the
10expiration of the time specified for filing such a motion or
11upon denial of a motion for rehearing, the Secretary may enter
12an order in accordance with the recommendations of the Board or
13hearing officer. If the applicant, licensee, or registrant
14orders from the reporting service and pays for a transcript of
15the record within the time for filing a motion for rehearing,
16the 20 calendar day period within which a motion may be filed
17shall commence upon delivery of the transcript to the
18applicant, licensee, or registrant.
19    (c) If the Secretary disagrees in any regard with the
20report of the Board, the Secretary may issue an order contrary
21to the report. The Secretary shall notify the Board on any such
22deviation and shall specify with particularity the reasons for
23such action in the final order.
24    (d) Whenever the Secretary is not satisfied that
25substantial justice has been done, the Secretary may order a
26hearing by the same or another hearing officer.

 

 

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1    (e) At any point in any investigation or disciplinary
2proceeding provided for in this Act, both parties may agree to
3a negotiated consent order. The consent order shall be final
4upon signature of the Secretary.
5After the hearing, the Board shall present to the Director its
6written report of its findings and recommendations. A copy of
7such report shall be served upon the accused person, either
8personally or by registered or certified mail as provided in
9this Act for the service of the notice. Within 20 days after
10such service, the accused person may present to the Department
11his motion in writing for a rehearing which shall specify the
12particular grounds for rehearing. If the accused person orders
13and pays for a transcript of the record as provided in this
14Section, the time elapsing before such transcript is ready for
15delivery to him shall not be counted as part of such 20 days.
16    Whenever the Director is not satisfied that substantial
17justice has been done, he may order a rehearing by the same or
18another special board. At the expiration of the time specified
19for filing a motion for a rehearing the Director has the right
20to take the action recommended by the Board.
21(Source: P.A. 86-702.)
 
22    (225 ILCS 305/29)  (from Ch. 111, par. 1329)
23    (Section scheduled to be repealed on January 1, 2020)
24    Sec. 29. Hearing officer. Notwithstanding the provisions
25of Section 28 of this Act, the Secretary Director has the

 

 

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1authority to appoint an any attorney duly licensed to practice
2law in the State of Illinois to serve as the hearing officer in
3any action for refusal to issue or renew a license or
4registration or discipline an applicant, licensee, or
5registrant under Section 24. The Board may have at least one
6member present at any hearing conducted by the hearing officer.
7The Director shall notify the Board of any such appointment.
8The hearing officer shall have has full authority to conduct
9the hearing. The Board has the right to have at least one
10member present at any hearing conducted by such hearing
11officer. The hearing officer shall report his or her findings
12of fact, conclusions of law, and recommendations to the Board
13and to the Secretary Director. The Board has 60 days from
14receipt of the report to review the report of the hearing
15officer and present its findings of fact, conclusions of law
16and recommendations to the Secretary. If the Board fails to
17present its report within the 60 day period, the Secretary may
18issue an order based on the report of the hearing officer. If
19the Secretary disagrees in any regard with the report of the
20Board or hearing officer, he or she may issue an order in
21contravention thereof. The Secretary shall notify the Board on
22any such deviation, and shall specify with particularity the
23reasons for such action in the final order.
24(Source: P.A. 96-610, eff. 8-24-09.)
 
25    (225 ILCS 305/30)  (from Ch. 111, par. 1330)

 

 

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1    (Section scheduled to be repealed on January 1, 2020)
2    Sec. 30. Order to be prima facie proof. An order of
3revocation or suspension or a certified copy thereof, over the
4seal of the Department and purporting to be signed by the
5Secretary Director, shall be prima facie proof that:
6        (a) the signature is the genuine signature of the
7    Secretary Director;
8        (b) the Secretary Director is duly appointed and
9    qualified; and
10        (c) the Board and the members thereof are qualified to
11    act.
12Such proof may be rebutted.
13(Source: P.A. 91-357, eff. 7-29-99.)
 
14    (225 ILCS 305/31)  (from Ch. 111, par. 1331)
15    (Section scheduled to be repealed on January 1, 2020)
16    Sec. 31. Restoration from disciplinary status of suspended
17or revoked license.
18    (a) At any time after the successful completion of a term
19of probation, suspension, or revocation of a license or
20registration under this Act, the Department may restore the
21license or registration it to the licensee or registrant, upon
22the written recommendation of the Board, unless after an
23investigation and a hearing the Department Board determines
24that restoration is not in the public interest.
25    (b) If the circumstances of suspension or revocation so

 

 

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1indicate, the Department may require an examination of the
2licensee or registrant prior to restoring his or her license.
3    (c) A person whose license or registration has been revoked
4under this Act may not apply for restoration of that license or
5registration until authorized to do so under the Civil
6Administrative Code of Illinois.
7    (d) A license or registration that has been suspended or
8revoked shall be considered nonrenewed for purposes of
9restoration and a licensee or registrant restoring his or her
10license or registration from suspension or revocation must
11comply with the requirements for restoration as set forth in
12Section 16 and any related rules adopted.
13(Source: P.A. 96-610, eff. 8-24-09.)
 
14    (225 ILCS 305/32)  (from Ch. 111, par. 1332)
15    (Section scheduled to be repealed on January 1, 2020)
16    Sec. 32. Surrender of license or registration. Upon the
17revocation or suspension of any license or registration, the
18licensee or professional design firm shall immediately
19surrender the license or licenses or registration to the
20Department and if the licensee or registrant fails to do so,
21the Department has the right to seize the license or
22registration.
23(Source: P.A. 86-702.)
 
24    (225 ILCS 305/33)  (from Ch. 111, par. 1333)

 

 

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1    (Section scheduled to be repealed on January 1, 2020)
2    Sec. 33. Temporary suspension of a license. The Secretary
3Director may temporarily suspend the license or registration of
4an architect without a hearing, simultaneously with the
5institution of proceedings for a hearing provided for in
6Section 24 of this Act, if the Secretary Director finds that
7evidence in the Department's his possession indicates that an
8architect's continuation in practice would constitute an
9imminent danger to the public. If In the event that the
10Secretary Director temporarily suspends the license or
11registration of an architect without a hearing, a hearing by
12the Board must be held within 30 days after such suspension has
13occurred.
14(Source: P.A. 86-702.)
 
15    (225 ILCS 305/34)  (from Ch. 111, par. 1334)
16    (Section scheduled to be repealed on January 1, 2020)
17    Sec. 34. Review under Administrative review Review Law;
18Venue.
19    (a) All final administrative decisions of the Department
20hereunder are subject to judicial review pursuant to the
21provisions of the Administrative Review Law, as now or
22hereafter amended, and all the rules adopted pursuant thereto.
23The term "administrative decision" is defined as in Section
243-101 of the Code of Civil Procedure.
25    (b) Proceedings Such proceedings for judicial review shall

 

 

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1be commenced in the circuit court of the county in which the
2party applying for review resides, but if the such party is not
3a resident of this State, the venue shall be in Sangamon
4County.
5    (c) The Department shall not be required to certify any
6record to the court or file any answer in court, or to
7otherwise appear in any court in a judicial review proceeding,
8unless and until the Department has received from the plaintiff
9payment of the costs of furnishing and certifying the record,
10which costs shall be determined by the Department.
11    (d) Failure on the part of the plaintiff to file a receipt
12in court shall be grounds for dismissal of the action.
13    (e) During the pendency and hearing of any and all judicial
14proceedings incident to a disciplinary action, the sanctions
15imposed upon the accused by the Department shall remain in full
16force and effect.
17(Source: P.A. 86-702.)
 
18    (225 ILCS 305/37)  (from Ch. 111, par. 1337)
19    (Section scheduled to be repealed on January 1, 2020)
20    Sec. 37. Illinois Administrative Procedure Act;
21application. The Illinois Administrative Procedure Act is
22hereby expressly adopted and incorporated herein as if all of
23the provisions of that Act were included in this Act, except
24that the provision of subsection (d) of Section 10-65 of the
25Illinois Administrative Procedure Act that provides that at

 

 

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1hearings the licensee has the right to show compliance with all
2lawful requirements for retention, continuation or renewal of
3the license is specifically excluded. For the purposes of this
4Act, the notice required under Section 10-25 of the Illinois
5Administrative Procedure Act is deemed sufficient when mailed
6to the last known address of record a party.
7(Source: P.A. 88-45.)
 
8    (225 ILCS 305/4.5 rep.)
9    (225 ILCS 305/35 rep.)
10    (225 ILCS 305/36 rep.)
11    Section 15. The Illinois Architecture Practice Act of 1989
12is amended by repealing Sections 4.5, 35, and 36.
 
13    Section 99. Effective date. This Act takes effect upon
14becoming law.