Illinois General Assembly - Full Text of HB2274
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Full Text of HB2274  93rd General Assembly

HB2274ham001 93rd General Assembly


093_HB2274ham001

 










                                     LRB093 09756 RCE 13250 a

 1                    AMENDMENT TO HOUSE BILL 2274

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

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

 6        (225 ILCS 325/29) (from Ch. 111, par. 5229)
 7        (Section scheduled to be repealed on January 1, 2010)
 8        Sec.   29.  Notice   Notice   of  hearing;  Findings  and
 9    recommendations.  At the conclusion of the hearing, the Board
10    shall present to the Director a written report of its finding
11    and recommendations.  The  report  shall  contain  a  finding
12    whether  or  not  the accused person violated this Act or its
13    rules or failed to comply with  the  conditions  required  in
14    this Act or its rules.  The Board shall specify the nature of
15    the  violation  or  failure  to  comply,  and  shall make its
16    recommendations to the Director.  The  Board  may  take  into
17    consideration  in  making  its recommendations for discipline
18    all facts and circumstances bearing upon  the  reasonableness
19    of the conduct of the respondent and the potential for future
20    harm  to  the  public,  including but not limited to previous
21    discipline by the Department, intent, degree of harm  to  the
22    public  and likelihood of harm in the future, any restitution
 
                            -2-      LRB093 09756 RCE 13250 a
 1    made, and whether the incident  or  incidents  complained  of
 2    appear to be isolated or a pattern of conduct.  In making its
 3    recommendations  for  discipline, the Board shall endeavor to
 4    ensure that the severity of the discipline recommended  bears
 5    some   reasonable   relationship   to  the  severity  of  the
 6    violation.  The report of findings of  fact,  conclusions  of
 7    law  and  recommendation  of the Board shall be the basis for
 8    the Department's order refusing to issue, restore or renew  a
 9    license,   or  otherwise  discipline  a  registrant.  If  the
10    Director disagrees in any  regard  with  the  report  of  the
11    Board,  the  Director  may  issue  an  order in contravention
12    thereof, following the procedures set  forth  in  Section  7.
13    The  Director  shall provide a written report to the Board on
14    any deviation,  and  shall  specify  with  particularity  the
15    reasons  for  said  action.  The finding is not admissible in
16    evidence against the person in a criminal prosecution brought
17    for the violation of this Act, but the  hearing  and  finding
18    are  not  a  bar  to  a  criminal prosecution brought for the
19    violation of this Act.
20    (Source: P.A. 86-667.)

21        Section 99. Effective date.  This Act takes  effect  upon
22    becoming law.".