Full Text of SB1232 97th General Assembly
SB1232 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 SB1232 Introduced 2/8/2011, by Sen. Kimberly A. Lightford SYNOPSIS AS INTRODUCED: |
| New Act | | 5 ILCS 80/4.32 new | | 730 ILCS 5/5-5-5 | from Ch. 38, par. 1005-5-5 | 225 ILCS 310/Act rep. | |
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Creates the Interior Design Practice Act. Provides for licensure of interior designers by the Department of Financial and Professional Regulation. Creates the Interior Design Licensing Board and sets forth the powers and duties of the Board. Provides that it is unlawful for a person or entity to act or assume to act as an interior design company as defined in this Act, to engage in the business of interior design, or to advertise or hold himself or herself out to be a licensed interior design company without first obtaining a license issued by the Department under this Act. Includes provisions concerning exemption from the Act. Provides that persons practicing as an interior design company in Illinois as of the effective date of the Act may continue to practice until the Department has adopted rules implementing the Act. Provides that each entity registered under the Act shall designate a managing agent who is responsible to assure that the company operates in compliance with the Act. Sets forth the powers and duties of the Department, licensure qualifications, grounds for discipline, civil and criminal penalties, and administrative procedure. Sets forth provisions concerning standards of practice and prohibited activities. Preempts home rule. Effective immediately.
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| | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | 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,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be cited as the | 5 | | Interior Design Practice Act. | 6 | | Section 5. Declaration of public policy. The practice of | 7 | | interior
design, as defined in this Act, in the State of | 8 | | Illinois is hereby
declared to affect the public health, | 9 | | safety, and welfare and to be
subject to regulation and control | 10 | | in the public interest. It is
further declared to be a matter | 11 | | of public interest and concern that
the practice of interior | 12 | | design, as defined in this Act, merit and
receive the | 13 | | confidence of the public, and that only qualified
persons be | 14 | | authorized to practice interior design in the State of
| 15 | | Illinois. This Act shall be liberally construed to best carry | 16 | | out
these subjects and purposes. | 17 | | Section 10. Application of Act. Nothing in this Act shall | 18 | | be
deemed or construed to prevent the practice of structural
| 19 | | engineering as defined in the Structural Engineering Licensing | 20 | | Act
of 1989, the practice of architecture as defined in the | 21 | | Illinois
Architecture Practice Act of 1989, or the practice of | 22 | | professional
engineering as defined in the Professional |
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| 1 | | Engineering Practice Act
of 1989, or to prevent the offering or | 2 | | preparation of environmental
analysis, feasibility studies, | 3 | | programming, or construction
management services by persons | 4 | | other than those licensed in
accordance with this Act, the | 5 | | Structural Engineering Licensing Act
of 1989, the Professional | 6 | | Engineering Practice Act of 1989, or the
Illinois Architecture | 7 | | Practice Act of 1989. | 8 | | Nothing contained in this Act prevents (i) the draftsmen,
| 9 | | students, project representatives, and employees of those
| 10 | | lawfully practicing as licensed interior designers under the
| 11 | | provisions of this Act from acting under the direct supervision
| 12 | | and control of their employers, (ii) the employment of
project | 13 | | representatives for modification, enlargement, or alteration
| 14 | | of the interior space of buildings or any parts thereof, as | 15 | | allowed
under this Act, or (iii) project representatives from | 16 | | acting
under the direct supervision and control of the licensed | 17 | | interior
designer by whom the technical submissions (including | 18 | | drawings and specifications of any interior space of
a | 19 | | building, modification, or alteration thereof) were prepared.
| 20 | | Nothing in this Act or any other Act prevents a registered
| 21 | | architect under the Illinois Architecture Practice Act of 1989 | 22 | | from
practicing or providing interior design services. Nothing | 23 | | in this
Act shall be construed as requiring the services of an | 24 | | interior
designer for the interior designing of a single family | 25 | | residence.
This Act does not apply to any of the following:
| 26 | | (1) The building, remodeling, or repairing of any |
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| 1 | | building or other
structure outside of the corporate limits | 2 | | of any city or village,
where the building or structure is | 3 | | to be, or is used for
residential or farm purposes, or for | 4 | | the purposes of outbuildings
or auxiliary buildings in | 5 | | connection with the residential or farm
premises.
| 6 | | (2) The construction, remodeling, or repairing of a | 7 | | detached single
family residence on a single lot.
| 8 | | (3) The construction, remodeling, or repairing of a | 9 | | two-family
residence of wood frame construction on a single | 10 | | lot, not more than
two stories and basement in height.
| 11 | | (4) The interior design of any single family residence.
| 12 | | However, all buildings not included in the preceding | 13 | | paragraphs (1)
through (4), including multi-family buildings | 14 | | and buildings
previously exempt under those provisions but | 15 | | subsequently non-exempt due to a change in occupancy or use, | 16 | | are subject to the
requirements of this Act. | 17 | | Section 15. Definitions. In this Act: | 18 | | "Department" means the Department of Financial and | 19 | | Professional Regulation.
| 20 | | "Secretary" means the Secretary of Financial and | 21 | | Professional Regulation.
| 22 | | "Board" means the Illinois Interior Design Licensing Board
| 23 | | appointed by the Secretary.
| 24 | | "Public member" means a person who is not an interior
| 25 | | designer, educator in the field, architect, structural |
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| 1 | | engineer, or
professional engineer. For the purposes of Board | 2 | | membership, any
person with a significant financial interest in | 3 | | the design or
construction service or profession is not a | 4 | | public member.
| 5 | | "Interior designer" means a person who is qualified by | 6 | | education,
training, experience, or examination and who is | 7 | | licensed under
the laws of this State to practice the | 8 | | profession of interior
design.
| 9 | | "Profession of interior design" means the rendering of or
| 10 | | the offering to render designs, consultations, studies, | 11 | | planning,
drawings, specifications, contract documents, or | 12 | | other technical
submissions and the administration of interior | 13 | | construction and
contracts relating to non-structural interior | 14 | | construction of a
building by a licensed interior designer. The | 15 | | term
includes:
| 16 | | (1) space planning, finishes, furnishings, and the | 17 | | design for
fabrication of nonstructural interior | 18 | | construction within interior
spaces of buildings;
| 19 | | (2) responsibility for life safety design of proposed, | 20 | | or
modification of existing, nonstructural and | 21 | | non-engineered elements
of construction such as | 22 | | partitions, doors, stairways, and paths of
egress | 23 | | connecting to exits or exitways; and
| 24 | | (3) modification of existing building construction so | 25 | | as to
alter the number of persons for which the egress | 26 | | systems for the
building are designed.
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| 1 | | "Illinois licensed design professional" means a person who | 2 | | holds an
active license as an interior designer under this Act, | 3 | | as a
structural engineer under the Structural Engineering | 4 | | Licensing Act
of 1989, or as a professional engineer under the | 5 | | Professional
Engineering Practice Act of 1989. | 6 | | "Interior design project" means the
provision of | 7 | | professional services for the purpose of creating an
interior | 8 | | space that satisfies the functional and aesthetic
requirements | 9 | | of an area, within a given structure, encompassing all
elements | 10 | | of design theory, programming, planning, pre-designed
| 11 | | analysis, conceptual design, materials and finish selection,
| 12 | | interior construction documentation, furniture or fixture and
| 13 | | equipment selection, interior life safety, codes and standards | 14 | | review or analysis and interpretation,
project administration | 15 | | and representation, and interior
construction observation in | 16 | | conjunction with the construction of
any interior space within | 17 | | a proposed or given structure, building,
project, or addition, | 18 | | alteration, or restoration thereof; but,
specifically | 19 | | excluding: structural changes or alterations to
previously | 20 | | determined core enclosures, alterations to building
entry | 21 | | ingress or egress conditions that constitute horizontal or
| 22 | | vertical fire exitways, fire compartmentalization, or areas of
| 23 | | refuge, including any access point to the structure, used for | 24 | | the
purpose of entering or exiting the building, the approach | 25 | | walk, the
vertical access leading to the entrance platform, | 26 | | areas of refuge,
the entry doors or gates and their associated |
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| 1 | | hardware; but
specifically not excluding egress or ingress | 2 | | analysis and resolution
within the interior space of the | 3 | | building including horizontal fire
exitways leading to | 4 | | pre-determined vertical fire exitways.
| 5 | | "Interior technical submissions" means detailed drawings | 6 | | and
specifications sealed and signed by a licensed interior
| 7 | | designer certifying compliance with applicable current | 8 | | building
codes, ordinances, laws, and regulations that define | 9 | | the work to be
constructed in such form as is required for | 10 | | approval of a
construction permit by a building official. | 11 | | Technical submissions
are the designs, drawings, and | 12 | | specifications that establish the
scope of the interior design | 13 | | to be constructed, the standard of
quality for materials, | 14 | | workmanship, equipment, and construction
systems and the | 15 | | studies and the technical reports and calculations
prepared in | 16 | | the course of the practice of interior design. Such submissions | 17 | | may be combined with
submissions prepared under the responsible | 18 | | control, seal,
and signature of other registered or licensed | 19 | | professionals. All technical
submissions intended for use in | 20 | | interior
construction in this State shall be prepared and
| 21 | | administered in accordance with standards of reasonable
| 22 | | professional skill and diligence. Care shall be taken to | 23 | | reflect
the requirements of State law and, where applicable, | 24 | | federal law and
county and municipal building ordinances in | 25 | | such submissions.
In recognition that interior designers are | 26 | | licensed for
the protection of the public health, safety, and |
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| 1 | | welfare,
submissions shall be of such quality and scope, and be | 2 | | so
administered, as to conform to professional standards.
| 3 | | "Interior life safety" as it pertains to an interior design
| 4 | | project means the analysis, development,
interpretation, and | 5 | | review of space plans, interior construction
components, and | 6 | | the aggregate employment of such components to
constitute an | 7 | | assembly, materials, finishes, and furniture or fixtures
and | 8 | | equipment selections for compliance with regulatory building
| 9 | | code provisions that when applied collectively, provide
| 10 | | comprehensive safety features to eliminate, reduce, or control | 11 | | life
or health threatening situations in the interior | 12 | | environments of a
proposed or given structure or building, but | 13 | | specifically
excluding: structural changes or alterations to | 14 | | previously
determined core enclosures, alterations to building | 15 | | entry
ingress or egress conditions that constitute horizontal | 16 | | or
vertical fire exitways, fire compartmentalization, or areas | 17 | | of
refuge, including any access point to the structure, used | 18 | | for the
purpose of entering or exiting the building, the | 19 | | approach walk, the
vertical access leading to the entrance | 20 | | platform, areas of refuge,
the entry doors or gates and their | 21 | | associated hardware, but
specifically not excluding: egress or | 22 | | ingress analysis and resolution
within the interior space of | 23 | | the building including horizontal fire
exitways leading to | 24 | | pre-determined vertical fire exitways.
| 25 | | "Interior alteration" means any
modification or renovation | 26 | | that involves or includes, but is not
limited to, change in the |
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| 1 | | physical state of permanent fixtures or
equipment, remodeling, | 2 | | renovation, rehabilitation, historic
preservation, | 3 | | reconstruction, restoration or improvements, ordinary
repairs, | 4 | | changes in design function or layout of rooms, assessment
| 5 | | rearrangement, and verification of code compliance of interior | 6 | | exit
provisions, and interior office systems furniture
| 7 | | rearrangements, as they pertain to the interior areas of a
| 8 | | structure, but specifically excluding: changes to load bearing
| 9 | | walls, columns, or other load bearing elements of a building
| 10 | | essential to the structural integrity of a building the | 11 | | structural
envelope, extraordinary repairs, or mechanical, | 12 | | electrical,
plumbing, and fire protection requirements.
| 13 | | The following work is not included under the definition of
| 14 | | "interior alteration": routine maintenance, redecoration, | 15 | | minor
mechanical and electrical systems alterations, | 16 | | replacement of
plumbing piping or valves, and rearrangements of | 17 | | interior office
systems furniture encompassing or utilizing | 18 | | less than 5,000 square
feet of interior floor space.
| 19 | | "Space planning" means the translation of
project or client | 20 | | requirements into a physical plan of space within
a proposed or | 21 | | given structure, organizing major rooms, areas,
furniture or | 22 | | fixtures and equipment, determining internal circulation
| 23 | | systems or patterns, and the location of internal exit | 24 | | requirements;
based on occupancy loads, assessment of life | 25 | | safety factors, or
the analysis of and for compliance with | 26 | | State and local building
codes, but specifically excluding: |
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| 1 | | building core elements, any
access point to the structure, used | 2 | | for the purpose of entering or
exiting the building, the | 3 | | approach walk, the vertical access
leading to the entrance | 4 | | platform, areas of refuge, the entry doors
or gates and the | 5 | | hardware of the entry doors or gates. | 6 | | Section 20. Powers and duties of the Department. Subject to | 7 | | the
other provisions of this Act, the Department shall exercise | 8 | | the following
functions, powers, and duties:
| 9 | | (1) to conduct examinations to ascertain the | 10 | | qualifications and
fitness of applicants for licensure as | 11 | | licensed interior designers,
and pass upon the | 12 | | qualifications and fitness of applicants for
licensure by | 13 | | endorsement;
| 14 | | (2) to prescribe rules for a method of examination of | 15 | | candidates;
| 16 | | (3) to prescribe rules defining what constitutes a | 17 | | school, college, university (or department of a | 18 | | university), or other institution that is reputable and in | 19 | | good standing; to determine whether or not a
school, | 20 | | college, university (or department of a university), or
| 21 | | other institution is reputable and in good standing by | 22 | | reference to
compliance with the rules; and to terminate | 23 | | the approval of a
school, college, university (or | 24 | | department of a university), or other
institution that | 25 | | refuses admittance to applicants solely on the
basis of |
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| 1 | | race, color, creed, sex, or national origin. The
Department | 2 | | may adopt, as its own rules relating to education
| 3 | | requirements, those guidelines that may be published from | 4 | | time to
time by the National Council for Interior Design | 5 | | Qualifications;
| 6 | | (4) to prescribe rules for diversified professional | 7 | | training;
| 8 | | (5) to conduct oral interviews, disciplinary | 9 | | conferences, and formal
evidentiary hearings relating to | 10 | | proceedings to reprimand or impose fines on a licensee or | 11 | | to suspend,
revoke, place on probationary status, or refuse | 12 | | to
issue or restore a license issued under this
Act for any | 13 | | of the reasons set forth in Section 90 of this Act;
| 14 | | (6) to issue licenses to those who meet the | 15 | | requirements of this Act;
and
| 16 | | (7) to formulate and publish rules necessary or | 17 | | appropriate to
carrying out the provisions of this Act. | 18 | | Section 25. Creation of the Board. The Secretary shall | 19 | | appoint an
Interior Design Licensing Board that shall consist | 20 | | of 5 members.
Four members shall be licensed, or with respect | 21 | | to the initial
appointments under this Section, be qualified to | 22 | | be licensed as
interior designers, residing in this State, who | 23 | | have been engaged
in the practice of interior design at least 5 | 24 | | years. In
addition to the 4 licensed interior designers, there | 25 | | shall be one
public member. The public member shall be a voting |
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| 1 | | member and
shall not hold a license as an interior designer, | 2 | | architect,
professional engineer, structural engineer, or land | 3 | | surveyor.
| 4 | | Board members shall serve for terms of 5 years and until | 5 | | their successors are
appointed and have qualified. For the | 6 | | initial appointments made under
this Act, however, 2 members | 7 | | shall be appointed to serve for a
period of one year, 2 members | 8 | | shall be appointed to serve for a
period of 3 years, and the | 9 | | public member shall be appointed for a period
of 5 years. In | 10 | | appointing persons to the
Board, the Secretary shall give due | 11 | | consideration to recommendations
by members and organizations | 12 | | of the profession.
| 13 | | The membership of the Board should reasonably reflect
| 14 | | representation from the geographic areas in this State. | 15 | | No member shall be reappointed to the Board for a term that | 16 | | would
cause his or her continuous service on the Board to be | 17 | | longer that 10
successive years. Service on any board prior to | 18 | | the effective date of this Act
does not apply to this limit.
| 19 | | In making appointments to the Board, the Secretary shall | 20 | | give due
consideration to recommendations by national and State
| 21 | | organizations of the interior design profession and shall | 22 | | promptly
give due notice to those organizations of any vacancy | 23 | | in the
membership of the Board. The Secretary may terminate the
| 24 | | appointment of any member for any cause that, in the opinion of
| 25 | | the Secretary, reasonably justifies such termination.
| 26 | | A vacancy in the membership of the Board does not impair |
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| 1 | | the right
of a quorum to exercise all the rights and perform | 2 | | all the duties
of the Board.
| 3 | | The members of the Board shall each receive as compensation | 4 | | a
reasonable sum as determined by the Secretary for each day | 5 | | actually
engaged in the duties of the office, and all | 6 | | legitimate and
necessary expenses incurred in attending | 7 | | meetings of the Board. | 8 | | Appointments to fill vacancies shall be made in the same | 9 | | manner as
original appointments, for the unexpired portion of | 10 | | the vacated
term.
| 11 | | Three members shall constitute a quorums of Board members.
| 12 | | The chairman may vote on matters to come before the
Board only | 13 | | in the case of a tie vote.
| 14 | | The Secretary may terminate the appointment of any member | 15 | | for cause
that in the opinion of the Secretary reasonably | 16 | | justifies such
termination.
| 17 | | Notice of proposed rulemaking shall be transmitted to the | 18 | | Board and
the Department shall review the response of the Board | 19 | | and any
recommendations made therein. The Department may, at | 20 | | any time,
seek the expert advice and knowledge of the Board on | 21 | | any matter
relating to the administration or enforcement of | 22 | | this Act. | 23 | | Members of the Board shall be immune from suit in any | 24 | | action based
upon any disciplinary proceedings or other | 25 | | activities performed in
good faith as members of the Board. |
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| 1 | | Section 30. Powers and duties of the Board.
| 2 | | (a) The Board shall hold at least 3 regular meetings each | 3 | | year.
| 4 | | (b) The Board shall annually elect a chairman, who shall be | 5 | | a
licensed interior designer.
| 6 | | (c) The Board, upon request by the Department, may make a
| 7 | | curriculum evaluation to determine if courses conform to the
| 8 | | requirements of approved interior design programs.
| 9 | | (d) The Board shall assist the Department in conducting | 10 | | oral
interviews, disciplinary conferences, and formal | 11 | | evidentiary
hearings.
| 12 | | (e) The Department may, at any time, seek the expert advise | 13 | | and
knowledge of the Board on any matter relating to the | 14 | | enforcement of
this Act.
| 15 | | (f) The Board may appoint a subcommittee to serve as a | 16 | | Complaint
Committee to recommend the disposition of case files | 17 | | according to
the procedures established by rule.
| 18 | | (g) The Board shall review applicant qualifications to sit | 19 | | for the
examination or for licensure and shall make | 20 | | recommendations to the
Department. The Department shall review | 21 | | the Board's
recommendations on applicant qualifications. The | 22 | | Secretary shall
notify the Board in writing with an explanation | 23 | | of any deviation
from the Board's recommendation on applicant | 24 | | qualifications. After
review of the Secretary's written | 25 | | explanation of his or her reasons for
deviation, the Board | 26 | | shall have the opportunity to comment upon the
Secretary's |
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| 1 | | decision. | 2 | | Section 35. Application for original license. | 3 | | (a) Each applicant
for licensure shall apply to the | 4 | | Department in writing on a form
provided by the Department. | 5 | | Except as otherwise provided in this
Act, each applicant shall | 6 | | take and pass an examination approved by
the Department. The | 7 | | Board may adopt substantially all or part of
the examination | 8 | | and grading procedures of the National Council for
Interior | 9 | | Design Qualifications or its equivalent. Prior to
licensure, | 10 | | the applicant shall provide substantial evidence to the
Board | 11 | | that the applicant:
| 12 | | (1) is a graduate of a 5 year interior design program | 13 | | from an
accredited institution and has completed at least 2 | 14 | | years of full
time diversified interior design experience;
| 15 | | (2) is a graduate of a 4 year interior design program | 16 | | from an
accredited institution and has completed at least 2 | 17 | | years of full
time diversified interior design experience.
| 18 | | (3) has completed at least 3 years of interior design | 19 | | curriculum
from an accredited institution and has | 20 | | completed 3 years of full
time diversified interior design | 21 | | experience; or
| 22 | | (4) is a graduate of a 2 year interior design program | 23 | | from an
accredited institution and has completed 4 years of | 24 | | full time
diversified interior design experience.
| 25 | | (b) In addition to providing evidence of meeting the |
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| 1 | | requirements
of subsection (a) each applicant shall provide | 2 | | substantial evidence
that he or she has successfully completed | 3 | | all or part of the
examination administered by the National | 4 | | Council for Interior
Design Qualifications or its equivalent. | 5 | | Examinations for
applicants under this Act may be held at the | 6 | | direction of the
Department from time to time but not less than | 7 | | once each year. The
scope and form of the examination shall | 8 | | conform to the National
Council for Interior Design | 9 | | Qualifications examination or its
equivalent as determined by | 10 | | the Department.
| 11 | | Each applicant for licensure who possesses the necessary
| 12 | | qualifications shall pay to the Department the required license
| 13 | | fee, which is not refundable.
| 14 | | An individual applying for licensure shall have 3 years | 15 | | from the
date of application to complete the application | 16 | | process. If the
process has not been completed in 3 years, the | 17 | | application shall be
denied and the fee forfeited. The | 18 | | applicant may reapply, but shall
meet the requirements in | 19 | | effect at the time of reapplication.
| 20 | | (c) An architect licensed under the Illinois
Architecture | 21 | | Practice Act of 1989 who meets the provisions of that Act may, | 22 | | without examination, be granted a license to
provide services | 23 | | as an interior designer, upon submission to the Department of | 24 | | proof of his or her licensure as an architect and payment of | 25 | | the required fee, which shall be determined by
the Department | 26 | | by rule. |
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| 1 | | Section 40. Social Security number on license application. | 2 | | In
addition to any other information required to be contained | 3 | | in the
application, every application for an original, renewal, | 4 | | or
restored license under this Act shall include the | 5 | | applicant's
Social Security number. | 6 | | Section 45. Qualifications of applicants. A person who is | 7 | | of
good moral character and is a citizen of the United States | 8 | | or any
of its territories or a lawfully admitted alien may take | 9 | | an
examination for licensure, if he or she is a graduate of a | 10 | | program deemed
satisfactory by the Department and has completed | 11 | | diversified
professional training, including academic | 12 | | training, as required
by rules of the Department. The | 13 | | Department may adopt, as its own
rules relating to diversified | 14 | | professional training, those
guidelines that may be published | 15 | | from time to time by the National
Council for Interior Design | 16 | | Qualification. | 17 | | "Good moral character" means such character as will enable | 18 | | a person
to discharge the fiduciary duties of an interior | 19 | | designer to that
person's clients and to the public in a manner | 20 | | that protects
health, safety, and welfare. Evidence of | 21 | | inability to discharge
those duties may include the commission | 22 | | of an offense justifying
discipline under Section 90. In | 23 | | addition, the Department may take
into consideration any felony | 24 | | conviction of the applicant, but such
a conviction shall not |
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| 1 | | operate as an absolute bar to qualification
for examination for | 2 | | licensure. | 3 | | Section 50. Display of license; seal. Every holder of a
| 4 | | license as a licensed interior designer shall display it in a
| 5 | | conspicuous place in the principal office of the interior | 6 | | designer.
| 7 | | Every licensed interior designer shall have a reproducible | 8 | | seal, or
facsimile, the print of which shall contain the name | 9 | | of the
interior designer, the license number, and the words | 10 | | "Licensed
Interior Designer, State of Illinois". The licensed | 11 | | interior
designer shall affix the signature, current date, date | 12 | | of license
expiration, and seal to the first sheet of any bound | 13 | | set or loose
sheets of interior technical submissions utilized | 14 | | as contract documents or prepared for the review and
approval | 15 | | of any governmental or public authority having
jurisdiction by | 16 | | that licensed interior designer or under that
licensed interior | 17 | | designer's direct supervision and control. The
sheet of | 18 | | interior technical submissions to which the seal is affixed | 19 | | shall indicate those documents or parts
thereof to which the | 20 | | seal applies.
| 21 | | For the purposes of this Act, "direct supervision and | 22 | | control" means that the interior designer
has exerted | 23 | | sufficient personal supervision, control, and review of
the | 24 | | activities of those employed to perform interior design work to
| 25 | | ensure that the technical submissions
produced by those so |
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| 1 | | employed and sealed by the interior designer
meet the standards | 2 | | of reasonable professional skill and diligence
and are of no | 3 | | lesser quality than if they had been produced
personally by the | 4 | | interior designer. The interior designer is
obligated to have | 5 | | detailed professional knowledge of the technical
submissions | 6 | | the interior designer seals and
to have exercised professional | 7 | | judgment in all interior design
matters embodied in those | 8 | | interior technical submissions. Merely reviewing the interior | 9 | | technical
submissions produced by others, even if they
are | 10 | | licensed, shall not constitute "direct supervision and | 11 | | control"
by the interior designer unless the interior designer | 12 | | has actually
exercised supervision and control over the | 13 | | preparation of the
interior technical submissions. | 14 | | Section 55. Issuance of license. Whenever the provisions of | 15 | | this
Act have been complied with, the Department shall issue a | 16 | | license as
an interior designer. | 17 | | Section 60. Licenses; renewal; restoration; interior | 18 | | designers
in military service. The expiration date and renewal | 19 | | period for
each license issued under this Act shall be set by | 20 | | rule. The
holder of a license may renew the license during the | 21 | | month
preceding the expiration date thereof by paying the | 22 | | required fee.
A licensed interior designer who has permitted | 23 | | his or her license to
expire or who has had his or her license | 24 | | on inactive status may have his
or her license restored by |
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|
| 1 | | making application to the Department and filing
proof | 2 | | acceptable to the Department of his or her fitness to have his
| 3 | | or her license restored, including sworn evidence certifying to | 4 | | active
practice in another jurisdiction satisfactory to the | 5 | | Department,
and by paying the required restoration fee.
| 6 | | If the person has not maintained an active practice in | 7 | | another
jurisdiction satisfactory to the Department, the Board | 8 | | shall
determine, by an evaluation program established by rule, | 9 | | that
person's fitness to resume active status and may require | 10 | | that
person to successfully complete an examination.
| 11 | | Any person whose license has been expired for more than 3 | 12 | | years may
have his or her license restored by making | 13 | | application to the Department
and filing proof acceptable to | 14 | | the Department of his or her fitness to
have his or her license | 15 | | restored, including sworn evidence certifying to
active | 16 | | practice in another jurisdiction, and by paying the required
| 17 | | restoration fee.
| 18 | | However, any person whose license has expired while he or | 19 | | she has been
engaged (i) in federal service on active duty with | 20 | | the United States Army, Navy, Marine Corps, Air
Force, Coast | 21 | | Guard, or the State Militia called into the
service or training | 22 | | of the United States of America, or (ii) in
training or | 23 | | education under the supervision of the United States
| 24 | | preliminary to induction into the military service, may have | 25 | | his
or her license restored or reinstated without paying any | 26 | | lapsed renewal
fees or restoration fee if within 2 years after |
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| 1 | | termination of the
service, training or education other than by | 2 | | dishonorable discharge
he or she furnishes the Department with | 3 | | an affidavit to the effect that he
or she has been so engaged | 4 | | and that his or her service, training, or education has
been so | 5 | | terminated. | 6 | | Section 65. Inactive status; restoration. Any licensed
| 7 | | interior designer who notifies the Department in writing, on | 8 | | forms
prescribed by the Department, may elect to place his or | 9 | | her license
on an inactive status and shall, subject to rules | 10 | | of the
Department, be excused from payment of renewal fees | 11 | | until he or she
notifies the Department in writing of his or | 12 | | her desire to resume
active status.
| 13 | | A licensed interior designer requesting restoration from | 14 | | inactive
status shall be required to pay the current renewal | 15 | | fee and shall
have his or her license restored as provided in | 16 | | Section 135 of this
Act.
| 17 | | A licensed interior designer whose license is in an | 18 | | inactive
status shall not practice interior design in the | 19 | | State. | 20 | | Section 70. Endorsement. The Department may, in its
| 21 | | discretion and upon
payment of the required fee, license as an | 22 | | interior designer, without examination, an applicant who is an | 23 | | interior
designer licensed under the laws of another state or | 24 | | territory, if
the requirements for licensure in that state or |
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|
| 1 | | territory were, at the date of his or her licensure,
| 2 | | substantially equivalent to the requirements in force in this | 3 | | State
on that date as determined by the Board.
| 4 | | Applicants have 3 years from the date of application to | 5 | | complete
the application process. If the process has not been | 6 | | completed
within the 3 years, the application shall be denied, | 7 | | the fee
shall be forfeited, and the applicant must reapply and | 8 | | meet the requirements
in effect at the time of reapplication. | 9 | | Section 75. Fees. The following fees are not refundable. | 10 | | (a)
Licensure fees.
| 11 | | (1) The fee for application for a license is $100.
| 12 | | (2) In addition, applicants for any examination are | 13 | | required to
pay, either to the Department or to the | 14 | | designated testing service,
a fee covering the cost of | 15 | | determining the applicant's eligibility
and providing the | 16 | | examination. Failure to appear for the
examination on the | 17 | | scheduled date, at the time and place specified,
after the | 18 | | applicant's application for examination has been received
| 19 | | and acknowledged by the Department or the designated | 20 | | testing
service, shall result in the forfeiture of the | 21 | | examination fee.
| 22 | | (3) The fee for a license for an interior designer | 23 | | registered or
licensed under the laws of another state or | 24 | | territory of the United
States or province is $100.
| 25 | | (4) The fee for the renewal of a license shall be $30.
|
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| 1 | | (5) The fee for the restoration of a license other than | 2 | | from
inactive status is $10 plus payment of all lapsed | 3 | | renewal fees.
| 4 | | (6) The fee for application for a license as an | 5 | | interior design
corporation or partnership is $100.
| 6 | | (7) The fee for a renewal of a license or certificate | 7 | | of
registration as a professional design firm shall be $30.
| 8 | | (b) General fees.
| 9 | | (1) The fee for the issuance of a duplicate license, | 10 | | for the
issuance of a replacement license for a license | 11 | | that has been lost
or destroyed, or for the issuance of a | 12 | | license with a change of name
or address other than during | 13 | | the renewal period is $20. No fee
is required for name and | 14 | | address changes on Department records when
no duplicate | 15 | | license is issued.
| 16 | | (2) The fee for a certification of a licensee's record | 17 | | for any
purpose is $20.
| 18 | | (3) The fee for rescoring an examination is the cost to | 19 | | the
Department of rescoring the examination, plus any fees | 20 | | charged by
the applicable testing service to have the | 21 | | examination rescored.
| 22 | | (4) The fee for a wall certificate showing licensure is | 23 | | the actual
cost of producing such certificate.
| 24 | | (5) The fee for a roster of licensed interior designers | 25 | | in this
State is the actual cost of producing such a |
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| 1 | | roster. | 2 | | (c) All of the fees and fines collected under this Section | 3 | | shall
be deposited into the Design Professional Administration | 4 | | and
Investigation Fund. | 5 | | (d) Any person who delivers a check or other payment to the | 6 | | Department
that is returned to the Department unpaid by the | 7 | | financial
institution upon which it is drawn shall pay to the | 8 | | Department, in
addition to the amount already owing to the | 9 | | Department, a fine of
$50. If the check or other payment was | 10 | | for a renewal or issuance
fee and that person practices without | 11 | | paying the renewal fee or
issuance fee and the fine due, an | 12 | | additional fine of $100 shall be
imposed. The fines imposed by | 13 | | this Section are in addition to any
other discipline provided | 14 | | under this Act for unlicensed practice or
practice on a | 15 | | nonrenewed license. The Department shall notify the
person that | 16 | | payment of fees and fines shall be paid to the
Department by | 17 | | certified check or money order within 30 calendar
days of the | 18 | | notification. If, after termination or denial, the
person seeks | 19 | | a license or certificate, he or she shall apply to the
| 20 | | Department for restoration or issuance of the license or
| 21 | | certificate and pay all fees and fines due to the Department. | 22 | | The
Department may establish a fee for the processing of an | 23 | | application
for restoration of a license or certificate to pay | 24 | | all expenses of
processing this application. The Secretary may | 25 | | waive the fines due
under this subsection in individual cases |
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| 1 | | where the Secretary finds
that the fines would be unreasonable | 2 | | or unnecessarily burdensome. | 3 | | Section 80. Roster of licensees and registrants. A roster
| 4 | | showing the names and addresses of all interior designers, | 5 | | interior
designer corporations, and partnerships and | 6 | | professional design
firms licensed or registered under this Act | 7 | | shall be prepared by
the Department each year. This roster | 8 | | shall be available upon
written request and payment of the | 9 | | required fee. | 10 | | Section 85. Professional design firm registration; | 11 | | conditions.
| 12 | | (a) Nothing in this Act prohibits the formation, under the
| 13 | | provisions of the Professional Service Corporation Act, of a
| 14 | | corporation to practice interior design.
| 15 | | Any business not formed under the Professional
Service | 16 | | Corporation Act and not registered as such with the
Department, | 17 | | and which includes the practice of interior design
within its | 18 | | stated purposes or practices or holds itself out as
available | 19 | | to practice interior design, shall register with the
Department | 20 | | under this Section. Any professional service
corporation, sole | 21 | | proprietorship, or professional design firm
offering interior | 22 | | design services must have a resident interior
designer or other | 23 | | Illinois licensed design professional overseeing
the interior | 24 | | design practices in each location in which interior
design |
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| 1 | | services are provided.
| 2 | | Any sole proprietorship not owned and operated by an | 3 | | Illinois
licensed design professional licensed under this Act | 4 | | shall be
prohibited form offering interior design services to | 5 | | the public.
Any sole proprietorship owned
and operated by an | 6 | | interior designer with an active license issued
under this Act | 7 | | is exempt from the registration requirements of a
professional | 8 | | design firm.
| 9 | | (b) A corporation, partnership, or professional design | 10 | | firm
seeking to be registered under this Section shall not be | 11 | | registered
unless:
| 12 | | (1) two-thirds of the board of directors (in the case | 13 | | of a
corporation), general partners (in the case of
a | 14 | | partnership), or members (in the case of a
limited | 15 | | liability company) are licensed under the laws of any state
| 16 | | to practice interior design, architecture, professional
| 17 | | engineering, or structural engineering; and
| 18 | | (2) the person having the interior design practice in | 19 | | this State
in his or her charge is (i) a director (in the | 20 | | case of a corporation), general partner (in the case of a | 21 | | partnership), or member (in the
case of a limited liability | 22 | | company) and (ii) holds a license under
this Act.
| 23 | | A corporation, limited liability company, professional | 24 | | service
corporation, or partnership qualifying under this | 25 | | Section and
practicing in this State shall file with the | 26 | | Department all
information concerning its officers, directors, |
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| 1 | | members, managers,
partners, or beneficial owners that the | 2 | | Department may, by rule,
require.
| 3 | | (c) No business shall practice or hold itself out as | 4 | | available to
practice interior design until it is registered | 5 | | with the
Department.
| 6 | | (d) A business seeking to be registered under this Section | 7 | | shall
make application on a form provided by the Department and | 8 | | shall
provide all information requested by the Department, | 9 | | including, but not limited to, all of the following:
| 10 | | (1) The name and interior designer's license number of | 11 | | at least
one person designated as the managing agent in | 12 | | responsible charge
of the practice of interior design in | 13 | | Illinois. In the case of a
corporation, the corporation | 14 | | shall also submit a certified copy of
the resolution by the | 15 | | board of directors designating at least one
managing agent. | 16 | | If the business is a limited liability company, the company | 17 | | shall
submit a certified copy of either its articles of | 18 | | organization or
its operating agreement, whichever | 19 | | designates the managing agent.
| 20 | | (2) The names and license numbers of the interior | 21 | | designers, professional engineers,
architects, and | 22 | | structural engineers among the
directors (in the case of a | 23 | | corporation), members (in the case
of a limited liability | 24 | | company), or general partners (in the case of
a | 25 | | partnership).
| 26 | | (3) A list of all locations at which the professional |
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| 1 | | design firm
provides interior designer services.
| 2 | | (4) A list of all assumed names of the business. | 3 | | Nothing in this
Section shall be construed to exempt a | 4 | | business from compliance
with the requirements of the | 5 | | Assumed Business Name Act.
| 6 | | It is the responsibility of the professional design firm to | 7 | | provide
the Department notice in writing of any changes in the | 8 | | information
requested on the application.
| 9 | | (e) If a managing agent terminates his or her
status as a | 10 | | managing agent of the professional design firm or is | 11 | | terminated, the
managing agent and the professional design firm | 12 | | shall each notify the
Department of this fact in writing, by | 13 | | certified mail, within 10
business days of the termination.
| 14 | | If it has so notified the
Department, the professional | 15 | | design firm has 30 days after the termination date in which to | 16 | | notify the Department of the
name and license number of the | 17 | | interior
designer who is the newly designated managing agent. A | 18 | | corporation shall also submit a certified copy of
a resolution | 19 | | by the board of directors designating the new managing
agent. A | 20 | | limited liability company shall also
submit a certified copy of | 21 | | either its articles of organization or
its operating agreement, | 22 | | whichever designates the new managing agent. The
Department | 23 | | may, upon good cause shown, extend the original 30 day
period.
| 24 | | If the professional design firm has not so notified the | 25 | | Department within the specified time, the
registration shall be | 26 | | terminated without prior hearing.
Notification of termination |
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| 1 | | shall be sent by certified mail to the
last known address of | 2 | | the business. If the professional design
firm continues to | 3 | | operate and offer interior design services after
the | 4 | | termination, the Department may seek prosecution under | 5 | | Sections
95, 100, and 110 of this Act for the unlicensed | 6 | | practice of interior
design.
| 7 | | (f) No professional design firm shall be relieved of
| 8 | | responsibility for the conduct or acts of its agents, | 9 | | employees, or
officers by reason of its compliance with this | 10 | | Section, nor shall
any individual practicing interior design be | 11 | | relieved of the
responsibility for professional services | 12 | | performed by reason of the
individual's employment or | 13 | | relationship with a professional design
firm registered under | 14 | | this Section.
| 15 | | (g) Disciplinary action against a professional design firm
| 16 | | registered under this Section shall be administered in the same | 17 | | manner and on the same grounds as disciplinary action against a
| 18 | | licensed interior designer. | 19 | | Section 90. Refusal, suspension and revocation of | 20 | | licenses;
causes. | 21 | | (a) The Department may refuse to issue, renew or restore,
| 22 | | or may suspend or revoke any license or registration, or may | 23 | | place
on probation, reprimand, or fine, with a civil penalty | 24 | | not to
exceed $10,000 for each violation, any person, | 25 | | corporation, or
partnership, or professional design firm |
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| 1 | | licensed or registered
under this Act for any of the following | 2 | | reasons:
| 3 | | (1) material misstatement in furnishing information to | 4 | | the
Department;
| 5 | | (2) negligence, incompetence, or misconduct in the | 6 | | practice of
interior design;
| 7 | | (3) failure to comply with any of the provisions of | 8 | | this Act or
any of the rules;
| 9 | | (4) making any misrepresentation for the purpose of | 10 | | obtaining
licensure;
| 11 | | (5) purposefully making false statements or signing | 12 | | false
statements, certificates, or affidavits to induce | 13 | | payment;
| 14 | | (6) conviction of any crime under the laws of the | 15 | | United States,
or any state or territory thereof, which is | 16 | | a felony, whether
related to the practice of interior | 17 | | design or not; or conviction of
any crime, whether a | 18 | | felony, misdemeanor, or otherwise, an
essential element of | 19 | | which is dishonesty or wanton disregard for the
rights of | 20 | | others, or that is directly related to the practice of
| 21 | | interior design;
| 22 | | (7) aiding or assisting another person in violating any | 23 | | provision
of this Act or its rules;
| 24 | | (8) signing or affixing the licensed interior | 25 | | designer's seal or
permitting the interior designer's seal | 26 | | to be affixed to any
technical submissions not prepared by |
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| 1 | | the
interior designer or under that interior designer's | 2 | | direct
supervision and control;
| 3 | | (9) engaging in dishonorable, unethical, or | 4 | | unprofessional conduct
of a character likely to deceive, | 5 | | defraud, or harm the public;
| 6 | | (10) habitual intoxication or addiction to the use of | 7 | | drugs;
| 8 | | (11) making a statement of compliance under the | 9 | | Environmental
Barriers Act that technical submissions | 10 | | prepared by the licensed interior designer or prepared | 11 | | under the
licensed interior designer's direct supervision | 12 | | and control for
construction or alteration of an occupancy | 13 | | required to be in
compliance with the Environmental | 14 | | Barriers Act are in compliance
with the Environmental | 15 | | Barriers Act when the technical submissions
are not in | 16 | | compliance;
| 17 | | (12) a finding by the Board that a registrant, whose | 18 | | license has
been placed on probationary status, has | 19 | | violated the terms of
probation;
| 20 | | (13) discipline by another state, territory, foreign | 21 | | country, the
District of Columbia, the United States | 22 | | government, or any other
governmental agency, if at least | 23 | | one of the grounds for discipline
is the same or | 24 | | substantially equivalent to those set forth herein;
| 25 | | (14) failure to provide information in response to a | 26 | | written
request made by the Department within 30 days after |
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| 1 | | receipt of
the written request;
| 2 | | (15) physical illness, including, but not limited to, | 3 | | deterioration
through the aging process or loss of motor | 4 | | skill that results in
the inability to practice the | 5 | | profession with reasonable judgment,
skill, or safety.
| 6 | | (b) The determination by a circuit court that a licensee is
| 7 | | subject to involuntary admission or judicial admission, as | 8 | | provided
in the Mental Health and Developmental Disabilities | 9 | | Code, operates
as an automatic suspension. The suspension will | 10 | | end only upon a
finding by a court that the patient is no | 11 | | longer subject to
involuntary admission or judicial admission, | 12 | | the issuance of an
order so finding and discharging the | 13 | | patient, and the
recommendation of the Board to the Secretary | 14 | | that the licensee be
allowed to resume practice. | 15 | | The Department may refuse to issue or may suspend the | 16 | | license of
any person who fails to file a return, or to pay the | 17 | | tax, penalty
or interest shown in a filed return, or to pay any | 18 | | final assessment
of tax, penalty or interest, as required by | 19 | | any tax Act
administered by the Illinois Department of Revenue, | 20 | | until such time
as the requirements of any that tax Act are | 21 | | satisfied.
| 22 | | Persons who assist the Department as consultants or expert
| 23 | | witnesses in the investigation or prosecution of alleged | 24 | | violations
of this Act, licensure matters, restoration | 25 | | proceedings, or criminal
prosecutions shall not be liable for | 26 | | damages in any civil action
or proceeding as a result of such |
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| 1 | | assistance, except upon proof of
actual malice. The Attorney | 2 | | General shall defend those persons in
any such action or | 3 | | proceeding. | 4 | | Section 95. Violations; injunction; cease and desist | 5 | | order.
| 6 | | (a) If any person or entity violates a provision of this | 7 | | Act, the
Secretary may, in the name of the People of the State | 8 | | of Illinois,
through the Attorney General of the State of | 9 | | Illinois, petition for
an order enjoining the violation or for | 10 | | an order enforcing
compliance with this Act. Upon the filing of | 11 | | a verified petition
in the court, the court may issue a | 12 | | temporary restraining order,
without notice or bond, and may | 13 | | preliminarily and permanently
enjoin the violation. If it is | 14 | | established that the person or
entity has violated or is | 15 | | violating the injunction, the court may
punish the offender for | 16 | | contempt of court. Proceedings under this
Section are in | 17 | | addition to, and not in lieu of, all other remedies
and | 18 | | penalties provided by this Act.
| 19 | | (b) If any person or entity practices as an interior | 20 | | designer or
holds himself or herself out as an interior | 21 | | designer or professional design
firm without being licensed or | 22 | | registered under the provisions of
this Act, then any licensed | 23 | | interior designer, any interested party,
or any person injured | 24 | | thereby may, in addition to the Secretary,
petition for relief | 25 | | as provided in subsection (a) of this Section.
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| 1 | | (c) Whenever in the opinion of the Department any person or | 2 | | entity
violates any provision of this Act, the Department may | 3 | | issue a rule
to show cause why an order to cease and desist | 4 | | should not be
entered against him or her. The rule shall | 5 | | clearly set forth the grounds
relied upon by the Department and | 6 | | shall provide a period of 7 days
from the date of the rule to | 7 | | file an answer to the satisfaction of
the Department. Failure | 8 | | to answer to the satisfaction of the
Department shall cause an | 9 | | order to cease and desist to be issued
immediately. | 10 | | Section 100. Investigations; notice and hearing. The | 11 | | Department
may investigate the actions of any applicant or of | 12 | | any person or
entity holding or claiming to hold a license or | 13 | | registration.
Before the initiation of an investigation, the | 14 | | matter shall be
reviewed by a subcommittee of the Board | 15 | | according to procedures
established by rule for the Complaint | 16 | | Committee. The Department
shall, before refusing to restore, | 17 | | issue, or renew a license or
registration, or disciplining a | 18 | | licensee or registrant, at least 30
days prior to the date set | 19 | | for the hearing, notify in writing the
applicant for, or holder | 20 | | of, a license or registrant of the nature
of the charges and | 21 | | that a hearing will be held on the date
designated, and direct | 22 | | the applicant or entity or licensee or
registrant to file a | 23 | | written answer to the Board under oath within
20 days after the | 24 | | service of the notice and inform the applicant,
entity, | 25 | | licensee, or registrant that failure to file an answer
will |
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| 1 | | result in default being taken against the applicant or entity
| 2 | | or licensee or registrant and that the license or certificate | 3 | | may
be suspended, revoked, place on probationary status, or | 4 | | other
disciplinary action may be taken, including limiting the | 5 | | scope,
nature, or extent of practice, as the Secretary may deem | 6 | | proper.
Written notice may be served by personal delivery or | 7 | | certified or
registered mail to the respondent at the address | 8 | | of his or her last
notification to the Department. If the | 9 | | person or entity
fails to file an answer after receiving | 10 | | notice, his or her license
or certificate may, in the | 11 | | discretion of the Department, be
suspended, revoked, or placed | 12 | | on probationary status, or the
Department may take whatever | 13 | | disciplinary action it deems proper,
including limiting the | 14 | | scope, nature, or extent of the person's
practice or the | 15 | | imposition of a fine, without a hearing, if the act
or acts | 16 | | charged constitute sufficient grounds for such action under
| 17 | | this Act. At the time and place fixed in the notice, the Board
| 18 | | shall proceed to hear the charges and the parties or their | 19 | | counsel
shall be accorded ample opportunity to present such | 20 | | statements,
testimony, evidence, and argument as may be | 21 | | pertinent to the charges
or to their defense. The Board may | 22 | | continue the hearing from time
to time. | 23 | | Section 105. Stenographer; transcript. The Department, at | 24 | | its
expense, shall preserve a record of all proceedings at the | 25 | | formal
hearing of any case involving the refusal to restore, |
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| 1 | | issue or
renew a license, or the discipline of a licensee. The | 2 | | notice of
hearing, complaint, and all other documents in the | 3 | | nature of
pleadings and written motions filed in the | 4 | | proceedings, the
transcript of testimony, the report of the | 5 | | Board and the orders of
the Department shall be the record of | 6 | | the proceedings. The
Department shall furnish a transcript of | 7 | | the record to any person
interested in the hearing upon payment | 8 | | of the fee required by
Section 60f of the Civil Administrative | 9 | | Code of Illinois. | 10 | | Section 110. Subpoenas of witnesses; oaths. The Department | 11 | | has
power to subpoena and bring before it any person in this | 12 | | State and
to take testimony either orally or by deposition, or | 13 | | both, with the
same fees and mileage and in the same manner as | 14 | | prescribed by law
in judicial proceedings in civil cases in | 15 | | circuit courts of this
State.
| 16 | | The Secretary, and every member of the Board, each have | 17 | | power to
administer oaths to witnesses at any hearing that the | 18 | | Department
is authorized by law to conduct, and any other oaths | 19 | | required or
authorized in any Act administered by the | 20 | | Department. | 21 | | Section 115. Procedure to compel attendance of witnesses. | 22 | | Any
circuit court, upon the application of the accused person | 23 | | or
complainant or of the Department, may, by order duly | 24 | | entered,
require the attendance of witnesses and the production |
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| 1 | | of relevant
books and papers before the Department in any | 2 | | hearing relating to
the application for or refusal, recall, | 3 | | suspension, or revocation of
the license, or the discipline of | 4 | | a licensee, and the court may
compel obedience to its order by | 5 | | proceedings for contempt. | 6 | | Section 120. Report of Board; rehearing. After the hearing, | 7 | | the
Board shall present to the Secretary its written report of | 8 | | its
findings and recommendations. A copy of the report shall be
| 9 | | served upon the accused person, either personally or by | 10 | | registered
or certified mail as provided in this Act for the | 11 | | service of the
notice. Within 20 days after the service, the | 12 | | accused person may
present to the Department his or her motion | 13 | | in writing for a rehearing, which shall specify the particular | 14 | | grounds for rehearing. If the
accused person orders and pays | 15 | | for a transcript of the record as
provided in this Section, the | 16 | | time elapsing before the transcript
is ready for delivery to | 17 | | him or her shall not be counted as part of the
20 days.
| 18 | | Whenever the Secretary is not satisfied that substantial | 19 | | justice has
been done, he or she may order a rehearing by the | 20 | | same or another special
board. At the expiration of the time | 21 | | specified for filing a motion
for a rehearing the Secretary has | 22 | | the right to take the action
recommended by the Board. | 23 | | Section 125. Hearing officer. Notwithstanding the | 24 | | provisions of
Section 100 of this Act, the Secretary has the |
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| 1 | | authority to appoint
any attorney duly licensed to practice law | 2 | | in the State
to serve as the hearing officer in any action | 3 | | under Section 120.
The Secretary shall notify the Board of any | 4 | | such appointment. The
hearing officer has full authority to | 5 | | conduct the hearing. The
Board has the right to have at least | 6 | | one member present at any
hearing conducted by the hearing | 7 | | officer. The hearing officer
shall report his or her findings | 8 | | of fact, conclusions of law, and
recommendations to the Board | 9 | | and the Secretary. The Board has 60
days after the receipt of | 10 | | the report to review the report of the hearing
officer and | 11 | | present his or her findings of fact, conclusions of law, and
| 12 | | recommendations to the Secretary. If the Board fails to present | 13 | | its
report within the 60-day period, the Secretary shall issue | 14 | | an order
based on the report of the hearing officer. If the | 15 | | Secretary
disagrees in any regard with the report of the Board | 16 | | or hearing
officer, he or she may issue an order in | 17 | | contravention thereof. The
Secretary shall provide a written | 18 | | explanation to the Board on any deviation, and shall specify | 19 | | with particularity the reasons
for such action in the final | 20 | | order. | 21 | | Section 130. Order to be prima facie proof. An order of
| 22 | | revocation or suspension or a certified copy thereof, over the | 23 | | seal
of the Department and purporting to be signed by the | 24 | | Secretary,
shall be prima facie proof:
| 25 | | (1) that the signature is the genuine signature of the |
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| 1 | | Secretary;
| 2 | | (2) that the Secretary is duly appointed and qualified; | 3 | | and
| 4 | | (3) that the Board and the members thereof are | 5 | | qualified to act. | 6 | | This prima facie proof may be rebutted. | 7 | | Section 135. Issuance or restoration of license. At any | 8 | | time
after the refusal to issue or the suspension or revocation
| 9 | | of any license, the Department may issue or restore it to the
| 10 | | applicant without examination, upon the written recommendation | 11 | | of
the Board. | 12 | | Section 140. Surrender of license. Upon the revocation or
| 13 | | suspension of any license, the licensee shall immediately | 14 | | surrender
the license to the Department and if the licensee | 15 | | fails
to do so, the Department has the right to seize the | 16 | | license. | 17 | | Section 145. Summary suspension of a license. The Secretary | 18 | | may temporarily suspend the license of an
interior designer | 19 | | without a hearing, simultaneously with the
institution of | 20 | | proceedings for a hearing provided for in Section 100
of this | 21 | | Act, if the Secretary finds that evidence in his or her | 22 | | possession
indicates that an interior designer's continuation | 23 | | of practice
would constitute an imminent danger to the public. |
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| 1 | | In the event
that the Secretary temporarily suspends the | 2 | | license of an interior
designer without a hearing, a hearing by | 3 | | the Board must be held
within 30 days after the suspension has | 4 | | occurred. | 5 | | Section 150. Review under the Administrative Review Law; | 6 | | venue. All
final administrative decisions of the Department | 7 | | under this Act are
subject to judicial review under the | 8 | | provisions of the
Administrative Review Law, as now or | 9 | | hereafter amended, and the
rules adopted thereunder. The term | 10 | | "administrative decision"
is defined as in Section 3-101 of the | 11 | | Code of Civil Procedure.
| 12 | | The proceedings for judicial review shall be commenced in | 13 | | the
circuit court of the county that the party applying for | 14 | | review
resides, but if the party is not a resident of this | 15 | | State, the
venue shall be in Sangamon County. | 16 | | Section 155. Certifying record to court; costs. The | 17 | | Department
shall not be required to certify any record to the | 18 | | court or file
any answer in court or otherwise appear in any | 19 | | court in a judicial
review proceeding, unless there is filed in | 20 | | the court with the
complaint a receipt from the Department | 21 | | acknowledging payment of
the costs of furnishing and certifying | 22 | | the record. | 23 | | Section 160. Violations. |
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| 1 | | (a) Each of the following Acts constitutes
a Class A | 2 | | misdemeanor for the first offense and a Class 4 felony
for a | 3 | | second or subsequent offense:
| 4 | | (1) the practice, attempt to practice or offer to | 5 | | practice
interior design, or the advertising or putting out | 6 | | of any sign or
card or other device that might indicate to | 7 | | the public that the
person is entitled to practice interior | 8 | | design, without a license
as a licensed interior designer, | 9 | | or registration as a professional
design firm issued by the | 10 | | Department; each day of practicing
interior design or | 11 | | attempting to practice interior design, and each
instance | 12 | | of offering to practice interior design, without a license
| 13 | | as a licensed interior designer or registration as a | 14 | | professional
design firm constitutes a separate offense;
| 15 | | (2) the making of any wilfully false oath or | 16 | | affirmation in any
matter or proceeding where an oath or | 17 | | affirmation is required by
this Act;
| 18 | | (3) the affixing of a licensed interior designer's seal | 19 | | to any
technical submission that has not been
prepared by | 20 | | that interior designer or under the interior designer's
| 21 | | direct supervision and control;
| 22 | | (4) the violation of any provision of this Act or its | 23 | | rules;
| 24 | | (5) using or attempting to use an expired, inactive | 25 | | suspended, or
revoked license, or the certificate or seal | 26 | | of another, or
impersonating another licensee;
or |
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| 1 | | (6) obtaining or attempting to obtain a license or | 2 | | registration by
fraud.
| 3 | | (b) In addition to any other penalty
provided by law, the | 4 | | Department may impose a civil penalty of up to $5,000 for each | 5 | | violation upon a person, sole proprietorship, professional | 6 | | service
corporation, limited liability company, corporation, | 7 | | partnership,
or other entity that does not hold an active
| 8 | | license as an interior designer or registration as a | 9 | | professional
design firm in this State and is not exempt from | 10 | | the provisions of this Act, and: | 11 | | (1) practices interior design in this State; or | 12 | | (2) advertises or displays
any sign or card or other | 13 | | device that might indicate to the public
that the person or | 14 | | entity is entitled to practice as an interior
designer in | 15 | | this State; or | 16 | | (3) uses the title "interior designer" or any of its
| 17 | | derivations with respect to his, her, or its professional | 18 | | activities in this State. | 19 | | (c) Civil penalties imposed and collected under this | 20 | | Section shall be deposited into the Design Professionals
| 21 | | Administration and Investigation Fund. | 22 | | Section 165. Administrative Procedure Act. The Illinois
| 23 | | Administrative Procedure Act is hereby expressly adopted and
| 24 | | incorporated herein as if all of the provisions of that Act | 25 | | were
included in this Act, except that the provision of |
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| 1 | | subsection (d)
of Section 10-65 of the Illinois Administrative | 2 | | Procedure Act that
provides that at hearings the licensee has | 3 | | the right to show
compliance with all lawful requirements for | 4 | | retention, continuation,
or renewal of the license is | 5 | | specifically excluded. For the
purposes of this Act, the notice | 6 | | required under Section 10 of the
Illinois Administrative | 7 | | Procedure Act is deemed sufficient when
mailed to the last | 8 | | known address of a party. | 9 | | Section 170. Fund; appropriations; investments; audits. | 10 | | Moneys
deposited in the Design Professionals Administration | 11 | | and
Investigation Fund shall be appropriated to the Department
| 12 | | exclusively for expenses of the Department and the Board in the
| 13 | | administration of this Act, the Illinois Architecture Practice | 14 | | Act
of 1989, the Illinois Professional Land Surveyor Act of | 15 | | 1989, the
Professional Engineering Practice Act of 1989, and | 16 | | the Structural
Engineering Licensing Act of 1989. The expenses | 17 | | of the Department
under this Act shall be limited to the | 18 | | ordinary and contingent
expenses of the Design Professionals | 19 | | Dedicated Employees within the
Department as established under | 20 | | Section 62.1 of the Civil
Administrative Code of Illinois and | 21 | | other expenses related to the
administration and enforcement of | 22 | | this Act. | 23 | | All fines and penalties under Sections 20 and 75 shall be | 24 | | deposited
into the Design Professionals Administration and | 25 | | Investigation Fund.
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| 1 | | Moneys in the Design Professional Administration and | 2 | | Investigation
Fund may be invested and reinvested. Earnings | 3 | | attributable to those investments shall be deposited into the | 4 | | Fund and used for the same
purposes as fees deposited into the | 5 | | Fund.
| 6 | | Upon the completion of any audit of the Department as | 7 | | prescribed by
the Illinois State Auditing Act that includes an | 8 | | audit of the
Design Professionals Administration and | 9 | | Investigation Fund, the
Department shall make the audit open to | 10 | | inspection by any
interested person. The copy of the audit | 11 | | report required to be
submitted to the Department by this | 12 | | Section is in addition to
the copies of audit reports required | 13 | | to be submitted to other State
officers and agencies by Section | 14 | | 3-14 of the Illinois State
Auditing Act. | 15 | | Section 175. Home rule. It is declared to be the public
| 16 | | policy of this State, under subsection (h) of Section 6 of
| 17 | | Article VII of the Illinois Constitution of 1970, that any | 18 | | power or
function set forth in this Act to be exercised by the | 19 | | State is an
exclusive State power or function. The power or | 20 | | function shall
not be exercised concurrently, either directly | 21 | | or indirectly, by
any unit of local government, including home | 22 | | rule units, except as
otherwise provided in this Act. This is a | 23 | | limitation of home rule
powers. | 24 | | Section 500. The Regulatory Sunset Act is amended by adding |
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| 1 | | Section 4.32 as follows: | 2 | | (5 ILCS 80/4.32 new) | 3 | | Sec. 4.32. Act repealed on January 1, 2022. The following | 4 | | Act is repealed on January 1, 2022: | 5 | | The Interior Design Practice Act. | 6 | | Section 505. The Unified Code of Corrections is amended by | 7 | | changing Section 5-5-5 as follows:
| 8 | | (730 ILCS 5/5-5-5) (from Ch. 38, par. 1005-5-5)
| 9 | | Sec. 5-5-5. Loss and Restoration of Rights.
| 10 | | (a) Conviction and disposition shall not entail the loss by | 11 | | the
defendant of any civil rights, except under this Section | 12 | | and Sections 29-6
and 29-10 of The Election Code, as now or | 13 | | hereafter amended.
| 14 | | (b) A person convicted of a felony shall be ineligible to | 15 | | hold an office
created by the Constitution of this State until | 16 | | the completion of his sentence.
| 17 | | (c) A person sentenced to imprisonment shall lose his right | 18 | | to vote
until released from imprisonment.
| 19 | | (d) On completion of sentence of imprisonment or upon | 20 | | discharge from
probation, conditional discharge or periodic | 21 | | imprisonment, or at any time
thereafter, all license rights and | 22 | | privileges
granted under the authority of this State which have | 23 | | been revoked or
suspended because of conviction of an offense |
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| 1 | | shall be restored unless the
authority having jurisdiction of | 2 | | such license rights finds after
investigation and hearing that | 3 | | restoration is not in the public interest.
This paragraph (d) | 4 | | shall not apply to the suspension or revocation of a
license to | 5 | | operate a motor vehicle under the Illinois Vehicle Code.
| 6 | | (e) Upon a person's discharge from incarceration or parole, | 7 | | or upon a
person's discharge from probation or at any time | 8 | | thereafter, the committing
court may enter an order certifying | 9 | | that the sentence has been
satisfactorily completed when the | 10 | | court believes it would assist in the
rehabilitation of the | 11 | | person and be consistent with the public welfare.
Such order | 12 | | may be entered upon the motion of the defendant or the State or
| 13 | | upon the court's own motion.
| 14 | | (f) Upon entry of the order, the court shall issue to the | 15 | | person in
whose favor the order has been entered a certificate | 16 | | stating that his
behavior after conviction has warranted the | 17 | | issuance of the order.
| 18 | | (g) This Section shall not affect the right of a defendant | 19 | | to
collaterally attack his conviction or to rely on it in bar | 20 | | of subsequent
proceedings for the same offense.
| 21 | | (h) No application for any license specified in subsection | 22 | | (i) of this
Section granted under the
authority of this State | 23 | | shall be denied by reason of an eligible offender who
has | 24 | | obtained a certificate of relief from disabilities, as
defined | 25 | | in Article 5.5 of this Chapter, having been previously | 26 | | convicted of one
or more
criminal offenses, or by reason of a |
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| 1 | | finding of lack of "good moral
character" when the finding is | 2 | | based upon the fact that the applicant has
previously been | 3 | | convicted of one or more criminal offenses, unless:
| 4 | | (1) there is a direct relationship between one or more | 5 | | of the previous
criminal offenses and the specific license | 6 | | sought; or
| 7 | | (2) the issuance of the license would
involve an | 8 | | unreasonable risk to property or to the safety or welfare | 9 | | of
specific individuals or the general public.
| 10 | | In making such a determination, the licensing agency shall | 11 | | consider the
following factors:
| 12 | | (1) the public policy of this State, as expressed in | 13 | | Article 5.5 of this
Chapter, to encourage the licensure and | 14 | | employment of persons previously
convicted of one or more | 15 | | criminal offenses;
| 16 | | (2) the specific duties and responsibilities | 17 | | necessarily related to the
license being sought;
| 18 | | (3) the bearing, if any, the criminal offenses or | 19 | | offenses for which the
person
was previously convicted will | 20 | | have on his or her fitness or ability to perform
one or
| 21 | | more such duties and responsibilities;
| 22 | | (4) the time which has elapsed since the occurrence of | 23 | | the criminal
offense or offenses;
| 24 | | (5) the age of the person at the time of occurrence of | 25 | | the criminal
offense or offenses;
| 26 | | (6) the seriousness of the offense or offenses;
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| 1 | | (7) any information produced by the person or produced | 2 | | on his or her
behalf in
regard to his or her rehabilitation | 3 | | and good conduct, including a certificate
of relief from | 4 | | disabilities issued to the applicant, which certificate | 5 | | shall
create a presumption of rehabilitation in regard to | 6 | | the offense or offenses
specified in the certificate; and
| 7 | | (8) the legitimate interest of the licensing agency in | 8 | | protecting
property, and
the safety and welfare of specific | 9 | | individuals or the general public.
| 10 | | (i) A certificate of relief from disabilities shall be | 11 | | issued only
for a
license or certification issued under the | 12 | | following Acts:
| 13 | | (1) the Animal Welfare Act; except that a certificate | 14 | | of relief from
disabilities may not be granted
to provide | 15 | | for
the
issuance or restoration of a license under the | 16 | | Animal Welfare Act for any
person convicted of violating | 17 | | Section 3, 3.01, 3.02, 3.03, 3.03-1, or 4.01 of
the Humane | 18 | | Care for Animals Act or Section 26-5 of the Criminal Code | 19 | | of
1961;
| 20 | | (2) the Illinois Athletic Trainers Practice Act;
| 21 | | (3) the Barber, Cosmetology, Esthetics, Hair Braiding, | 22 | | and Nail Technology Act of 1985;
| 23 | | (4) the Boiler and Pressure Vessel Repairer Regulation | 24 | | Act;
| 25 | | (5) the Professional Boxing Act;
| 26 | | (6) the Illinois Certified Shorthand Reporters Act of |
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| 1 | | 1984;
| 2 | | (7) the Illinois Farm Labor Contractor Certification | 3 | | Act;
| 4 | | (8) the Interior Design Practice Act Title Act ;
| 5 | | (9) the Illinois Professional Land Surveyor Act of | 6 | | 1989;
| 7 | | (10) the Illinois Landscape Architecture Act of 1989;
| 8 | | (11) the Marriage and Family Therapy Licensing Act;
| 9 | | (12) the Private Employment Agency Act;
| 10 | | (13) the Professional Counselor and Clinical | 11 | | Professional Counselor
Licensing
Act;
| 12 | | (14) the Real Estate License Act of 2000;
| 13 | | (15) the Illinois Roofing Industry Licensing Act; | 14 | | (16) the Professional Engineering Practice Act of | 15 | | 1989; | 16 | | (17) the Water Well and Pump Installation Contractor's | 17 | | License Act; | 18 | | (18) the Electrologist Licensing Act;
| 19 | | (19) the Auction License Act; | 20 | | (20) Illinois Architecture Practice Act of 1989; | 21 | | (21) the Dietetic and Nutrition Services Practice Act; | 22 | | (22) the Environmental Health Practitioner Licensing | 23 | | Act; | 24 | | (23) the Funeral Directors and Embalmers Licensing | 25 | | Code; | 26 | | (24) the Land Sales Registration Act of 1999; |
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| 1 | | (25) the Professional Geologist Licensing Act; | 2 | | (26) the Illinois Public Accounting Act; and | 3 | | (27) the Structural Engineering Practice Act of 1989.
| 4 | | (Source: P.A. 96-1246, eff. 1-1-11.)
| 5 | | (225 ILCS 310/Act rep.) | 6 | | Section 510. The Interior Design Title Act is repealed.
| 7 | | Section 999. Effective date. This Act takes effect upon | 8 | | becoming law.
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