Illinois General Assembly - Full Text of SB1925
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Full Text of SB1925  96th General Assembly

SB1925ham001 96TH GENERAL ASSEMBLY

Rep. Robert Rita

Filed: 5/19/2009

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1925

2     AMENDMENT NO. ______. Amend Senate Bill 1925 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The Regulatory Sunset Act is amended by
5 changing Section 4.20 and adding Section 4.30 as follows:
 
6     (5 ILCS 80/4.20)
7     Sec. 4.20. Acts repealed on January 1, 2010 and December
8 31, 2010.
9     (a) The following Acts are repealed on January 1, 2010:
10         The Auction License Act.
11         The Illinois Architecture Practice Act of 1989.
12         The Illinois Landscape Architecture Act of 1989.
13         The Illinois Professional Land Surveyor Act of 1989.
14         The Land Sales Registration Act of 1999.
15         The Orthotics, Prosthetics, and Pedorthics Practice
16     Act.

 

 

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1         The Perfusionist Practice Act.
2         The Professional Engineering Practice Act of 1989.
3         The Real Estate License Act of 2000.
4         The Structural Engineering Practice Act of 1989.
5     (b) The following Act is repealed on December 31, 2010:
6         The Medical Practice Act of 1987.
7 (Source: P.A. 95-1018, eff. 12-18-08.)
 
8     (5 ILCS 80/4.30 new)
9     Sec. 4.30. Acts repealed on January 1, 2020. The following
10 Acts are repealed on January 1, 2020:
11     The Auction License Act.
12     The Illinois Landscape Architecture Act of 1989.
 
13     Section 10. The Illinois Landscape Architecture Act of 1989
14 is amended by changing Sections 1, 3, 4, 5, 6, 7, 8, 9, 11, 13,
15 15, 16, 17, 18, 18.1, 19, 21, 22.1, 23, 24, 25, 28, and 31 and
16 by adding Sections 3.5, 6.5, 11.5, and 12.5 as follows:
 
17     (225 ILCS 315/1)  (from Ch. 111, par. 8101)
18     (Section scheduled to be repealed on January 1, 2010)
19     Sec. 1. Purpose. It is the purpose of this Act to provide
20 for the licensure registration of landscape architects.
21 (Source: P.A. 86-932.)
 
22     (225 ILCS 315/3)  (from Ch. 111, par. 8103)

 

 

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1     (Section scheduled to be repealed on January 1, 2010)
2     Sec. 3. Definitions. As used in this Act:
3     (a) "Board" means the Illinois Landscape Architect
4 Registration Board.
5     (b) "Department" means the Illinois Department of
6 Financial and Professional Regulation.
7     (c) "Secretary Director" means the Secretary Director of
8 Financial and Professional Regulation.
9     (d) "Landscape Architect" or "Landscape Architect Design
10 Professional" means a person who, based on education,
11 experience, and examination or both in the field of landscape
12 architecture, is licensed eligible to register under this Act.
13     (e) "Landscape Architecture" means the art and science of
14 arranging land, together with the spaces and objects upon it,
15 for the purpose of creating a safe, efficient, healthful, and
16 aesthetically pleasing physical environment for human use and
17 enjoyment, as performed by landscape architects.
18     (f) "Landscape Architectural Practice" means the offering
19 or furnishing of professional services in connection with a
20 landscape architecture project that do not require the seal of
21 an architect, land surveyor, professional engineer, or
22 structural engineer. Such services may include including, but
23 are not limited to, providing preliminary studies; developing
24 design concepts; planning for the relationships of physical
25 improvements and intended uses of the site; establishing form
26 and aesthetic elements; analyzing and providing for life safety

 

 

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1 requirements; developing those construction details on the
2 site which are exclusive of any building or structure and do
3 not require the seal of an engineer, architect, or structural
4 engineer; preparing and coordinating technical submissions;
5 and conducting site observation of a landscape architecture
6 project.
7     (g) "Person" means any person, sole proprietorship, or
8 entity such as a partnership, professional service
9 corporation, or corporation.
10 (Source: P.A. 86-932.)
 
11     (225 ILCS 315/3.5 new)
12     (Section scheduled to be repealed on January 1, 2010)
13     Sec. 3.5. References.
14     (a) References in this Act (i) to the Department of
15 Professional Regulation are deemed, in appropriate contexts,
16 to be references to the Department of Financial and
17 Professional Regulation and (ii) to the Director of
18 Professional Regulation are deemed, in appropriate contexts,
19 to be references to the Secretary of Financial and Professional
20 Regulation.
21     (b) References to registration in the rules promulgated
22 pursuant to this Act shall be deemed, in appropriate contexts,
23 to be references to licensure.
 
24     (225 ILCS 315/4)  (from Ch. 111, par. 8104)

 

 

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1     (Section scheduled to be repealed on January 1, 2010)
2     Sec. 4. Use of title. No After the effective date of this
3 Act, no person may represent himself to be a landscape
4 architect, or use the title "landscape architect", "registered
5 landscape architect", "licensed landscape architect",
6 "landscape architect design professional", or any other title
7 which includes the words "landscape architect" or "landscape
8 architecture", unless licensed registered under this Act.
9 (Source: P.A. 86-932.)
 
10     (225 ILCS 315/5)  (from Ch. 111, par. 8105)
11     (Section scheduled to be repealed on January 1, 2010)
12     Sec. 5. Practice without license. Nothing in this Act
13 prevents any person from being engaged in the practice of
14 landscape architecture so long as he or she does not represent
15 himself or herself as, or use the titles of, "landscape
16 architect", or "registered landscape architect", "licensed
17 landscape architect", "landscape architecture", "landscape
18 architect design professional", or "landscape architecture
19 design professional".
20 (Source: P.A. 86-932.)
 
21     (225 ILCS 315/6)  (from Ch. 111, par. 8106)
22     (Section scheduled to be repealed on January 1, 2010)
23     Sec. 6. Issuance of Certificate. Whenever an applicant for
24 licensure registration has complied with the provisions of

 

 

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1 Section 11 of this Act, the Department shall issue a
2 certificate of licensure registration to the applicant as a
3 licensed registered landscape architect subject to the
4 provisions of this Act.
5 (Source: P.A. 86-932.)
 
6     (225 ILCS 315/6.5 new)
7     (Section scheduled to be repealed on January 1, 2010)
8     Sec. 6.5. Display of license; seal.
9     (a) Every holder of a landscape architect license shall
10 display his or her certificate of licensure in a conspicuous
11 place in his or her principal office. A certificate of
12 registration issued under this Act that is in good standing on
13 the effective date of this amendatory Act of the 96th General
14 Assembly shall be deemed to be a certificate of licensure and
15 the Department shall not be required to issue a new certificate
16 of licensure to replace it.
17     (b) Every landscape architect shall have a seal, approved
18 by the Department and the Board, which shall contain the name
19 of the landscape architect, the number of his or her license,
20 and the legend "Landscape Architect, State of Illinois" and
21 other words or figures as the Department deems necessary.
22 Plans, specifications, and reports related to landscape
23 architectural practice and prepared by the landscape
24 architect, or under his or her supervision, shall be stamped
25 with his or her seal when filed. Notwithstanding the

 

 

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1 requirements of this Section, an architect, land surveyor,
2 professional engineer, or structural engineer shall be
3 permitted to affix his or her professional seal or stamp to any
4 plans, specifications, and reports prepared by or under his or
5 her responsible control in connection with the incidental
6 practice of landscape architecture.
7     (c) A landscape architect who endorses a document with his
8 or her seal while his or her license is suspended, expired, or
9 has been revoked, who has been placed on probation or inactive
10 status, or who endorses a document that the landscape architect
11 did not actually prepare or supervise the preparation of, is
12 subject to the penalties prescribed in Section 18.1.
 
13     (225 ILCS 315/7)  (from Ch. 111, par. 8107)
14     (Section scheduled to be repealed on January 1, 2010)
15     Sec. 7. Current Address of Record. Every landscape
16 architect shall maintain a current address with the Department.
17 It is the duty of every applicant or licensee to inform the
18 Department of any change of address, and such changes must be
19 made either through the Department's website or by directly
20 contacting the Department shall be the responsibility of the
21 registrant to notify the Department in writing of any change of
22 address.
23 (Source: P.A. 91-255, eff. 12-30-99.)
 
24     (225 ILCS 315/8)  (from Ch. 111, par. 8108)

 

 

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1     (Section scheduled to be repealed on January 1, 2010)
2     Sec. 8. Powers and Duties of the Department.
3     (a) The Department shall exercise the powers and duties
4 prescribed by the Civil Administrative Code of Illinois for the
5 administration of licensing acts and shall exercise such other
6 powers and duties vested by this Act.
7     (b) The Department shall promulgate rules and regulations
8 consistent with the provisions of this Act for the
9 administration and enforcement thereof which shall include
10 standards and criteria for licensure registration and for the
11 payment of fees connected therewith. The Department shall
12 prescribe forms required for the administration of this Act.
13     (c) The Department shall consult the Landscape
14 Architecture Board in promulgating rules and regulations.
15 Notice of proposed rulemaking shall be transmitted to the Board
16 and the Department shall review the Board's response and any
17 recommendations made therein. The Department shall notify the
18 Board in writing of the explanation for any deviations from the
19 Board's recommendations and response.
20     (d) The Department may at any time seek the advice and the
21 expert knowledge of the Board on any matter relating to the
22 administration of this Act.
23     (e) The Department shall issue a quarterly report to the
24 Board setting forth the status of all complaints received by
25 the Department related to the landscape architectural
26 architecture practice.

 

 

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1     (f) The Department shall maintain membership and
2 representation in the national body composed of state licensing
3 and testing boards for landscape architects.
4 (Source: P.A. 86-932.)
 
5     (225 ILCS 315/9)  (from Ch. 111, par. 8109)
6     (Section scheduled to be repealed on January 1, 2010)
7     Sec. 9. Composition, qualification, and terms of Board.
8     (a) The Secretary Director shall appoint a Board consisting
9 of 5 persons who are residents of the State of Illinois and who
10 shall be appointed by and shall serve in an advisory capacity
11 to the Secretary Director. Four persons shall be individuals
12 experienced in landscape architectural work who would qualify
13 upon application to the Department under the provisions of this
14 Act to be licensed registered landscape architects, one of whom
15 shall be a tenured member of the landscape architecture faculty
16 of a university located within this State that maintains an
17 accredited school of landscape architecture the University of
18 Illinois and 3 of whom shall have engaged in landscape
19 architectural work for at least 5 years. The fifth person shall
20 be a public member, not an employee of the State of Illinois,
21 who is not licensed or registered under this Act or a similar
22 Act of another jurisdiction. The public member may not be
23 elected or appointed as chairman of the Board or serve in such
24 capacity in any other manner.
25     (b) Members of the Board shall serve 5 year terms and until

 

 

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1 their successors are appointed and qualified. No member shall
2 be reappointed to the Board for a term which would cause that
3 member's cumulative service on the Board to be longer than 10
4 years. No member who is an initial appointment to the Board
5 shall be reappointed to the Board for a term which would cause
6 that member's cumulative service on the Board to be longer than
7 13 years. Appointments to fill vacancies shall be made in the
8 same manner as original appointments for the unexpired portion
9 of the vacated term. Initial terms shall begin upon the
10 effective date of this Act.
11     (c) The Secretary Director may remove any member of the
12 Board for cause, which may include without limitation a member
13 who does not attend 2 consecutive meetings.
14     (d) The Secretary Director shall consider the
15 recommendations of the Board on questions involving standards
16 of professional conduct, discipline, and qualifications of
17 applicants candidates and licensees registrants under this
18 Act.
19     (e) Three members A quorum of the Board shall constitute a
20 quorum consist of a majority of members currently appointed. A
21 majority vote of the quorum is required for Board board
22 decisions.
23     (f) The Board shall annually elect a chairperson and vice
24 chairperson, both of whom shall be licensed landscape
25 architects.
26 (Source: P.A. 91-255, eff. 12-30-99.)
 

 

 

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1     (225 ILCS 315/11)  (from Ch. 111, par. 8111)
2     (Section scheduled to be repealed on January 1, 2010)
3     Sec. 11. Licensure Registration Qualifications.
4     (a) Every person applying to the Department for licensure
5 registration shall do so on forms approved by the Department
6 and shall pay the required fee. Every person applying to the
7 Department for licensure registration shall submit, with his
8 application, satisfactory evidence that the person holds an
9 approved professional degree in landscape architecture from an
10 approved and accredited program, as such terms are defined by
11 the rules and regulations of the Department, and that he has
12 had such practical experience in landscape architectural work
13 as shall be required by the rules and regulations of the
14 Department. Every In lieu of evidence of any approved
15 professional degree in landscape architecture, the applicant
16 may submit satisfactory evidence of such other education or
17 experience as shall be required by the rules and regulations of
18 the Department; provided, however, that after January 1, 1993
19 every applicant for initial licensure registration must have an
20 approved professional degree. If an applicant is qualified the
21 Department shall, by means of a written examination, examine
22 the applicant on such technical and professional subjects as
23 shall be required by the rules and regulations of the
24 Department.
25     (b) The Department may exempt from such written examination

 

 

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1 an applicant who holds a certificate of qualification issued by
2 the National Council of Landscape Architecture Registration
3 Boards, or who holds a registration or license in another state
4 which has equivalent or substantially equivalent requirements
5 as the State of Illinois.
6     (c) The Department shall adopt rules determining
7 requirements for practical training and education. The
8 Department may also adopt the examinations and recommended
9 grading procedures of the National Council of Landscape
10 Architectural Registration Boards and the accreditation
11 procedures of the Landscape Architectural Accrediting Board.
12 The Department shall issue a certificate of licensure
13 registration to each applicant who satisfies the requirements
14 set forth in this Section. Such licensure registration shall be
15 effective upon issuance.
16     (d) If an applicant neglects, fails without an approved
17 excuse, or refuses to take an examination or fails to pass an
18 examination to obtain a certificate of licensure registration
19 under this Act within 3 years after filing the application, the
20 application shall be denied. However, such applicant may
21 thereafter submit a new application accompanied by the required
22 fee.
23     (e) For a period of 2 years after the effective date of
24 this amendatory Act of the 96th General Assembly, persons
25 demonstrating to the Department that they have been engaged in
26 landscape architectural practice for a period of 10 years and

 

 

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1 have an accredited degree and license in urban or regional
2 planning, architecture, or civil engineering are eligible to
3 achieve licensure through examination. Any person who has been
4 engaged in the practice of landscape architecture prior to the
5 effective date of this Act, shall, upon application within 2
6 years from the effective date of this Act and upon payment of
7 the required current registration fee and application fee, be
8 issued registration without examination upon furnishing to the
9 Department satisfactory proof that he was so engaged prior to
10 such date. The Director, through the Board, shall accept as
11 satisfactory evidence of the competency and qualifications of
12 the applicant for registration the following:
13         (1) A diploma of graduation or satisfactory completion
14     certificate from a college, school, or university offering
15     an accredited program in landscape architecture, together
16     with evidence of at least 2 years of actual, practical
17     experience in landscape architectural work of a grade and
18     character acceptable to the Board; or
19         (2) Evidence that the applicant has a total of at least
20     7 years of actual, practical experience in landscape
21     architectural work of a grade and character acceptable to
22     the Board and has been actually engaged in the active
23     practice of landscape architecture for not less than 4
24     years immediately prior to the effective date of this Act.
25 (Source: P.A. 91-255, eff. 12-30-99.)
 

 

 

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1     (225 ILCS 315/11.5 new)
2     (Section scheduled to be repealed on January 1, 2010)
3     Sec. 11.5. Professional liability.
4     (a) Any individual licensed under this Act as a landscape
5 architect is liable for his or her negligent or willful acts,
6 errors, and omissions and any shareholder, member, or partner
7 of any entity that provides landscape architecture services
8 through an individual licensed under this Act is liable for the
9 negligent or willful acts, errors, and omissions of the
10 employees, members, and partners of the entity. Eligible claims
11 of liability may be covered under a qualifying policy of
12 professional liability insurance, as set forth in subsection
13 (b) of this Section, maintained by an individual or entity.
14     (b) A qualifying policy of professional liability
15 insurance must insure an individual or entity against liability
16 imposed upon it by law for damages arising out of the negligent
17 acts, errors, and omissions of the individual or of the
18 licensed and unlicensed employees, members, and partners of the
19 entity. The policy may exclude coverage of the following:
20         (1) a dishonest, fraudulent, criminal, or malicious
21     act or omission of the insured individual or entity or any
22     stockholder, employee, member, or partner of the insured
23     entity;
24         (2) the conducting of a business enterprise that is not
25     landscape architectural practice by the insured individual
26     or entity;

 

 

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1         (3) the conducting of a business enterprise in which
2     the insured individual or entity may be a partner or that
3     may be controlled, operated, or managed by the individual
4     or entity in its own or in a fiduciary capacity, including
5     without limitation the ownership, maintenance, or use of
6     property;
7         (4) bodily injury, sickness, disease, or death of a
8     person; or
9         (5) damage to or destruction of tangible property owned
10     by the insured individual or entity.
11 The policy may include any other reasonable provisions with
12 respect to policy periods, territory, claims, conditions, and
13 ministerial matters.
 
14     (225 ILCS 315/12.5 new)
15     (Section scheduled to be repealed on January 1, 2010)
16     Sec. 12.5. Continuing education. The Department may adopt
17 rules of continuing education for persons licensed under this
18 Act. The Department shall consider the recommendations of the
19 Board in establishing the guidelines for the continuing
20 education requirements. Rules adopted under this Section apply
21 to any person seeking renewal or restoration of licensure under
22 this Act. The continuing education shall consist of at least 6
23 hours per year and may include relevant courses offered in
24 various formats or mediums.
 

 

 

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1     (225 ILCS 315/13)  (from Ch. 111, par. 8113)
2     (Section scheduled to be repealed on January 1, 2010)
3     Sec. 13. Inactive Status.
4     (a) Any landscape architect who notifies the Department in
5 writing on forms prescribed by the Department may elect to
6 place his or her license registration on an inactive status and
7 shall be excused from payment of renewal fees until he or she
8 notifies the Department in writing of his or her desire to
9 resume active status.
10     (b) Any person whose license has been expired for more than
11 3 years may have his or her license restored by making
12 application to the Department and filing proof acceptable to
13 the Department of his or her fitness to have his or her license
14 restored, including evidence certifying to active practice in
15 another jurisdiction, and by paying the required restoration
16 fee.
17     (c) Any landscape architect whose license registration is
18 in an inactive status, has been suspended or revoked, or has
19 expired shall not represent himself or herself to be a
20 landscape architect or use the title "landscape architect",
21 "registered landscape architect", "licensed landscape
22 architect", or any other title which includes the words
23 "landscape architect" or "landscape architecture".
24 (Source: P.A. 86-932.)
 
25     (225 ILCS 315/15)  (from Ch. 111, par. 8115)

 

 

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1     (Section scheduled to be repealed on January 1, 2010)
2     Sec. 15. Disposition of funds. All of the fees collected
3 pursuant to this Act shall be deposited in the General
4 Professions Dedicated Fund.
5     On January 1, 2000 the State Comptroller shall transfer the
6 balance of the monies in the Landscape Architects'
7 Administration and Investigation Fund into the General
8 Professions Dedicated Fund. Amounts appropriated for fiscal
9 year 2000 out of the Landscape Architects' Administration and
10 Investigation Fund may be paid out of the General Professions
11 Dedicated Fund.
12     The monies deposited in the General Professions Dedicated
13 Fund may be used for the expenses of the Department in the
14 administration of this Act.
15     Moneys from the Fund may also be used for direct and
16 allocable indirect costs related to the public purposes of the
17 Department of Financial and Professional Regulation. Moneys in
18 the Fund may be transferred to the Professions Indirect Cost
19 Fund as authorized by Section 2105-300 of the Department of
20 Professional Regulation Law (20 ILCS 2105/2105-300).
21 (Source: P.A. 91-239, eff. 1-1-00; 91-255, eff. 12-30-99;
22 92-16, eff. 6-28-01.)
 
23     (225 ILCS 315/16)  (from Ch. 111, par. 8116)
24     (Section scheduled to be repealed on January 1, 2010)
25     Sec. 16. Roster. The Department shall maintain a roster of

 

 

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1 the names and addresses of all licensed registered landscape
2 architects. This roster shall be available upon written request
3 and payment of the required fee.
4 (Source: P.A. 86-932.)
 
5     (225 ILCS 315/17)  (from Ch. 111, par. 8117)
6     (Section scheduled to be repealed on January 1, 2010)
7     Sec. 17. Advertising. Any person licensed registered under
8 this Act may advertise the availability of professional
9 services in the public media or on the premises where such
10 professional services are rendered provided that such
11 advertising is truthful and not misleading.
12 (Source: P.A. 86-932.)
 
13     (225 ILCS 315/18)  (from Ch. 111, par. 8118)
14     (Section scheduled to be repealed on January 1, 2010)
15     Sec. 18. Violation; injunction; cease and desist order.
16     (a) If any person violates the provisions of this Act, the
17 Secretary Director may, in the name of the People of the State
18 of Illinois, through the Attorney General of the State of
19 Illinois or the State's Attorney of any county in which the
20 action is brought, petition for an order enjoining such
21 violation and for an order enforcing compliance with this Act.
22 Upon the filing of a verified petition in court, the court may
23 issue a temporary restraining order, without notice or bond,
24 and may preliminarily and permanently enjoin such violation. If

 

 

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1 it is established that such person has violated or is violating
2 the injunction, the Court may punish the offender for contempt
3 of court. Proceedings under this Section shall be in addition
4 to, and not in lieu of, all other remedies and penalties
5 provided by this Act.
6     (b) If any person shall hold himself or herself out as a
7 "landscape architect", "licensed landscape architect", or
8 "registered landscape architect", or use any other title that
9 includes the words "landscape architect" or "landscape
10 architecture" without being licensed registered under the
11 provisions of this Act, then any licensed registered landscape
12 architect, any interested party or any person injured thereby
13 may, in addition to the Secretary Director, petition for relief
14 as provided in subsection (a) of this Section.
15     (c) Whoever holds himself or herself out as a "landscape
16 architect", "licensed landscape architect", or a "registered
17 landscape architect", or uses any other title that includes the
18 words "landscape architect" or "landscape architecture" in
19 this State without being licensed under this Act registered for
20 that purpose shall be guilty of a Class A misdemeanor, and for
21 each subsequent conviction shall be guilty of a Class 4 felony.
22     (d) Whenever, in the opinion of the Department, a person
23 violates any provision of this Act, the Department may issue a
24 rule to show cause why an order to cease and desist should not
25 be entered against that person. The rule shall clearly set
26 forth the grounds relied upon by the Department and shall allow

 

 

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1 the person at least 7 days from the date of the rule to file an
2 answer that is satisfactory to the Department. Failure to
3 answer to the satisfaction of the Department shall cause an
4 order to cease and desist to be issued.
5 (Source: P.A. 88-363.)
 
6     (225 ILCS 315/18.1)
7     (Section scheduled to be repealed on January 1, 2010)
8     Sec. 18.1. Grounds for Discipline.
9     (a) The Department may refuse to issue or to , renew, or may
10 revoke, suspend, place on probation, reprimand, or take other
11 disciplinary or non-disciplinary action as deemed appropriate
12 including the impositions of fines the Department considers
13 appropriate, including the issuance of fines not to exceed
14 $10,000 $1,000 for each violation, as the Department may deem
15 proper with regard to any license for any one or combination
16 more of the following:
17         (1) Material misstatement in furnishing information to
18     the Department or to any other State agency.
19         (2) Negligent or intentional disregard of this Act, or
20     violation of any rules under this Act.
21         (3) Conviction of or plea of guilty or nolo contendere
22     to any crime under the laws of the United States or any
23     state or territory thereof that is a felony, or that is a
24     misdemeanor, an essential element of which is dishonesty,
25     or of any crime that is directly related to the practice of

 

 

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1     the profession.
2         (4) Making any misrepresentation for the purpose of
3     obtaining a license, or violating any provision of this Act
4     or its rules.
5         (5) Professional incompetence or gross negligence in
6     the rendering of landscape architectural services.
7         (6) Aiding or assisting another person in violating any
8     provision of this Act or any rules.
9         (7) Failing to provide information within 60 days in
10     response to a written request made by the Department.
11         (8) Engaging in dishonorable, unethical, or
12     unprofessional conduct of a character likely to deceive,
13     defraud, or harm the public and violating the rules of
14     professional conduct adopted by the Department.
15         (9) Habitual or excessive use or addiction to alcohol,
16     narcotics, stimulants, or any other chemical agent or drug
17     that results in an inability to practice with reasonable
18     skill, judgment, or safety.
19         (10) Discipline by another jurisdiction, if at least
20     one of the grounds for the discipline is the same or
21     substantially equivalent to those set forth in this
22     Section.
23         (11) Directly or indirectly giving to or receiving from
24     any person, firm, corporation, partnership, or association
25     any fee, commission, rebate, or other form of compensation
26     for any professional service not actually rendered.

 

 

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1         (12) A finding by the Board that the licensee, after
2     having the license placed on probationary status, has
3     violated the terms of probation.
4         (12.5) A finding by the Board that the licensee has
5     failed to pay a fine imposed by the Department.
6         (13) Abandonment of a client.
7         (14) Willfully filing false reports relating to a
8     licensee's practice, including but not limited to, false
9     records filed with federal or State agencies or
10     departments.
11         (15) Being named as a perpetrator in an indicated
12     report by the Department of Children and Family Services
13     under the Abused and Neglected Child Reporting Act, and
14     upon proof by clear and convincing evidence that the
15     licensee has caused a child to be an abused child or
16     neglected child as defined in the Abused and Neglected
17     Child Reporting Act.
18         (16) Physical or mental disability, including
19     deterioration through the aging process or loss of
20     abilities and skills that results in the inability to
21     practice the profession with reasonable judgment, skill,
22     or safety.
23         (17) Solicitation of professional services by using
24     false or misleading advertising.
25         (18) Failure to file a return, or to pay the tax,
26     penalty, or interest shown in a filed return, or to pay any

 

 

09600SB1925ham001 - 23 - LRB096 11242 AMC 27087 a

1     final assessment of tax, penalty, or interest, as required
2     by any tax Act administered by the Illinois Department of
3     Revenue or any successor agency or the Internal Revenue
4     Service or any successor agency.
5     (b) Any fines imposed under this Section shall not exceed
6 $10,000 $1,000 for each violation.
7     (c) The determination by a court that a licensee is subject
8 to involuntary admission or judicial admission as provided in
9 the Mental Health and Developmental Disabilities Code will
10 result in an automatic suspension of his or her license. The
11 suspension will end upon a finding by a court that the licensee
12 is no longer subject to involuntary admission or judicial
13 admission, the issuance of an order so finding and discharging
14 the patient, and the recommendation of the Board to the
15 Secretary Director that the licensee be allowed to resume
16 professional practice.
17     (d) In enforcing this Section, the Board, upon a showing of
18 a possible violation, may compel a person licensed registered
19 under this Act or who has applied for licensure registration
20 pursuant to this Act to submit to a mental or physical
21 examination, or both, as required by and at the expense of the
22 Department. The examining physicians shall be those
23 specifically designated by the Board. The Board or the
24 Department may order the examining physician to present
25 testimony concerning this mental or physical examination of the
26 licensee registrant or applicant. No information shall be

 

 

09600SB1925ham001 - 24 - LRB096 11242 AMC 27087 a

1 excluded by reason of any common law or statutory privilege
2 relating to communications between the licensee registrant or
3 applicant and the examining physician. The person to be
4 examined may have, at his or her own expense, another physician
5 of his or her choice present during all aspects of the
6 examination. Failure of any person to submit to a mental or
7 physical examination when directed shall be grounds for
8 suspension of a license registration until the person submits
9 to the examination if the Board finds, after notice and
10 hearing, that the refusal to submit to the examination was
11 without reasonable cause.
12     If the Board finds a person unable to practice because of
13 the reasons set forth in this Section, the Board may require
14 that person to submit to care, counseling, or treatment by
15 physicians approved or designated by the Board as a condition,
16 term, or restriction for continued, reinstated, or renewed
17 licensure registration; or, in lieu of care, counseling, or
18 treatment, the Board may recommend that the Department file a
19 complaint to immediately suspend, revoke, or otherwise
20 discipline the license registration of the person. Any person
21 whose license registration was granted, continued, reinstated,
22 renewed, disciplined, or supervised subject to such terms,
23 conditions, or restrictions and who fails to comply with such
24 terms, conditions, or restrictions shall be referred to the
25 Secretary Director for a determination as to whether the person
26 shall have his or her license registration suspended

 

 

09600SB1925ham001 - 25 - LRB096 11242 AMC 27087 a

1 immediately, pending a hearing by the Board.
2 (Source: P.A. 91-255, eff. 12-30-99.)
 
3     (225 ILCS 315/19)  (from Ch. 111, par. 8119)
4     (Section scheduled to be repealed on January 1, 2010)
5     Sec. 19. Investigation; notice and hearing. The Department
6 may investigate the actions or qualifications of any applicant
7 or person holding or claiming to hold a license certificate of
8 registration. The Department shall, before suspending or
9 revoking, placing on probation, reprimanding, or taking any
10 other disciplinary action under Section 18.1 of this Act, at
11 least 30 days before the date set for the hearing, notify the
12 applicant or licensee holder of a certificate of registration
13 in writing of the nature of the charges and that a hearing will
14 be held on the date designated. The written notice may be
15 served by personal delivery or certified or registered mail to
16 the applicant or licensee at the address of record with his
17 last notification to the Department. The Department shall
18 direct the applicant or licensee to file a written answer with
19 the Department, under oath, within 20 days after the service of
20 the notice, and inform the person that if he or she fails to
21 file an answer, his or her license may be revoked, suspended,
22 placed on probation, reprimanded, or the Department may take
23 any other additional disciplinary action including the
24 issuance of fines, not to exceed $10,000 $1,000 for each
25 violation, as the Department may consider necessary, without a

 

 

09600SB1925ham001 - 26 - LRB096 11242 AMC 27087 a

1 hearing. At the time and place fixed in the notice, the Board
2 shall proceed to hear the charges and the parties or their
3 counsel. All parties shall be accorded an opportunity to
4 present any statements, testimony, evidence, and arguments as
5 may be pertinent to the charges or to their defense. The Board
6 may continue the hearing from time to time.
7 (Source: P.A. 87-1031; 88-363.)
 
8     (225 ILCS 315/21)  (from Ch. 111, par. 8121)
9     (Section scheduled to be repealed on January 1, 2010)
10     Sec. 21. Subpoenas; depositions; oaths. The Department has
11 power to subpoena and bring before it any person and to take
12 testimony either orally or by deposition, or both, with the
13 same fees and mileage and in the same manner as prescribed in
14 civil cases in circuit courts of this State.
15     The Secretary Director, the designated hearing officer,
16 and every member of the Board has the power to administer oaths
17 to witnesses at any hearing which the Department is authorized
18 to conduct, and any other oaths authorized in any Act
19 administered by the Department.
20 (Source: P.A. 88-363.)
 
21     (225 ILCS 315/22.1)
22     (Section scheduled to be repealed on January 1, 2010)
23     Sec. 22.1. Findings and recommendations. At the conclusion
24 of the hearing, the Board shall present to the Secretary

 

 

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1 Director a written report of its findings of fact, conclusions
2 of law, and recommendations. The report shall contain a finding
3 whether the licensee violated this Act or failed to comply with
4 the conditions required in this Act. The Board shall specify
5 the nature of the violation or failure to comply, and shall
6 make its recommendations to the Secretary Director.
7     The report of findings of fact, conclusions of law, and
8 recommendation of the Board shall be the basis for the
9 Department's order for refusal or for the granting of the
10 license. If the Secretary Director disagrees with the
11 recommendations of the Board, the Secretary Director may issue
12 an order in contravention of the Board recommendations. The
13 Secretary Director shall provide a written report to the Board
14 on any disagreement and shall specify the reasons for the
15 action in the final order. The findings are not admissible in
16 evidence against the person in a criminal prosecution for
17 violation of this Act, but the hearing and findings are not a
18 bar to a criminal prosecution for violation of this Act.
19 (Source: P.A. 88-363.)
 
20     (225 ILCS 315/23)  (from Ch. 111, par. 8123)
21     (Section scheduled to be repealed on January 1, 2010)
22     Sec. 23. Board; Rehearing. At the conclusion of the
23 hearing, a copy of the Board's report shall be served upon the
24 accused person, either personally or as provided in this Act
25 for the service of the notice. Within 20 days after such

 

 

09600SB1925ham001 - 28 - LRB096 11242 AMC 27087 a

1 service, the applicant or licensee may present to the
2 Department a motion in writing for a rehearing which shall
3 specify the particular grounds for rehearing. If no motion for
4 a rehearing is filed, then upon the expiration of the time
5 specified for filing such a motion, or if a motion for
6 rehearing is denied, then upon the denial, the Secretary
7 Director may enter any order in accordance with recommendations
8 of the Board, except as provided in Section 120 of this Act. If
9 the applicant or licensee requests and pays for a transcript of
10 the record within the time for filing a motion for rehearing,
11 the 20-day period within which a motion may be filed shall
12 commence upon the delivery of the transcript to the applicant
13 or licensee.
14     Whenever the Secretary Director is not satisfied that
15 substantial justice has been done, he may order a rehearing by
16 the same or another special board. At the expiration of the
17 time specified for filing a motion for a rehearing the
18 Secretary Director has the right to take the action recommended
19 by the Board.
20 (Source: P.A. 88-363.)
 
21     (225 ILCS 315/24)  (from Ch. 111, par. 8124)
22     (Section scheduled to be repealed on January 1, 2010)
23     Sec. 24. Appointment of a hearing officer. The Secretary
24 Director has the authority to appoint any attorney licensed to
25 practice law in the State of Illinois to serve as the hearing

 

 

09600SB1925ham001 - 29 - LRB096 11242 AMC 27087 a

1 officer in any action for refusal to issue or renew a license
2 or permit or to discipline a licensee. The Secretary Director
3 shall notify the Board of any such appointment. The hearing
4 officer has full authority to conduct the hearing. At least one
5 member of the Board shall attend each hearing. The hearing
6 officer shall report his findings of fact, conclusions of law
7 and recommendations to the Board and the Secretary Director.
8 The Board has 60 days from receipt of the report to review it
9 and present its findings of fact, conclusions of law and
10 recommendations to the Secretary Director. If the Board fails
11 to present its report within the 60 day period, the Secretary
12 Director shall issue an order based on the report of the
13 hearing officer. If the Secretary Director disagrees with the
14 recommendation of the Board or hearing officer, the Secretary
15 Director may issue an order in contravention of the
16 recommendation. The Secretary Director shall promptly provide
17 a written explanation to the Board on any disagreement.
18 (Source: P.A. 88-363.)
 
19     (225 ILCS 315/25)  (from Ch. 111, par. 8125)
20     (Section scheduled to be repealed on January 1, 2010)
21     Sec. 25. Order or certified copy; prima facie proof. An
22 order or a certified copy thereof, over the seal of the
23 Department and purporting to be signed by the Secretary
24 Director, shall be prima facie proof that:
25         (a) the signature is the genuine signature of the

 

 

09600SB1925ham001 - 30 - LRB096 11242 AMC 27087 a

1     Secretary Director;
2         (b) the Secretary Director is duly appointed and
3     qualified; and
4         (c) the Board and the members thereof are qualified to
5     act.
6 (Source: P.A. 91-357, eff. 7-29-99.)
 
7     (225 ILCS 315/28)  (from Ch. 111, par. 8128)
8     (Section scheduled to be repealed on January 1, 2010)
9     Sec. 28. Summary suspension of a license. The Secretary
10 Director may summarily suspend the license of a landscape
11 architect without a hearing, simultaneously with the
12 institution of proceedings for a hearing provided for in
13 Section 24 of this Act, if the Secretary Director finds that
14 evidence in the possession of the Secretary Director indicates
15 that the continuation in practice by the landscape architect
16 would constitute an imminent danger to the public. In the event
17 that the Secretary Director temporarily suspends the license of
18 an individual without a hearing, a hearing must be held within
19 30 days after such suspension has occurred.
20 (Source: P.A. 88-363.)
 
21     (225 ILCS 315/31)  (from Ch. 111, par. 8131)
22     (Section scheduled to be repealed on January 1, 2010)
23     Sec. 31. Administrative Procedure Act. The Illinois
24 Administrative Procedure Act is hereby expressly adopted and

 

 

09600SB1925ham001 - 31 - LRB096 11242 AMC 27087 a

1 incorporated herein as if all of the provisions of that Act
2 were included in this Act, except that the provision of
3 subsection (d) of Section 10-65 of the Illinois Administrative
4 Procedure Act that provides that at hearings the licensee has
5 the right to show compliance with all lawful requirements for
6 retention, continuation or renewal of the license is
7 specifically excluded. For the purposes of this Act the notice
8 required under Section 10-25 of the Illinois Administrative
9 Procedure Act is deemed sufficient when mailed to the last
10 known address of record of a party.
11 (Source: P.A. 88-45.)
 
12     (225 ILCS 315/4.5 rep.)
13     Section 15. The Illinois Landscape Architecture Act of 1989
14 is amended by repealing Section 4.5.
 
15     Section 20. The Auction License Act is amended by changing
16 Sections 5-10, 10-1, 10-20, 10-27, 10-30, 10-35, 10-40, 10-45,
17 10-50, 15-5, 15-10, 20-5, 20-15, 20-40, 20-50, 20-55, 20-80,
18 and 30-30 and by adding Sections 10-15a, 20-43, 20-56, 30-7 and
19 30-13 as follows:
 
20     (225 ILCS 407/5-10)
21     (Section scheduled to be repealed on January 1, 2010)
22     Sec. 5-10. Definitions. As used in this Act:
23     "Advertisement" means any written, oral, or electronic

 

 

09600SB1925ham001 - 32 - LRB096 11242 AMC 27087 a

1 communication that contains a promotion, inducement, or offer
2 to conduct an auction or offer to provide an auction service,
3 including but not limited to brochures, pamphlets, radio and
4 television scripts, telephone and direct mail solicitations,
5 electronic media, and other means of promotion.
6     "Advisory Board" or "Board" means the Auctioneer Advisory
7 Board.
8     "Associate auctioneer" means a person who conducts an
9 auction, but who is under the direct supervision of, and is
10 sponsored by, a licensed auctioneer or auction firm.
11     "Auction" means the sale or lease of property, real or
12 personal, by means of exchanges between an auctioneer or
13 associate auctioneer and prospective purchasers or lessees,
14 which consists of a series of invitations for offers made by
15 the auctioneer or associate auctioneer and offers by
16 prospective purchasers or lessees for the purpose of obtaining
17 an acceptable offer for the sale or lease of the property,
18 including the sale or lease of property via mail,
19 telecommunications, or the Internet.
20     "Auction contract" means a written agreement between an
21 auctioneer, associate auctioneer, or auction firm and a seller
22 or sellers.
23     "Auction firm" means any corporation, partnership, or
24 limited liability company that acts as an auctioneer and
25 provides an auction service.
26     "Auction school" means any educational institution, public

 

 

09600SB1925ham001 - 33 - LRB096 11242 AMC 27087 a

1 or private, which offers a curriculum of auctioneer education
2 and training approved by the Department.
3     "Auction service" means the service of arranging,
4 managing, advertising, or conducting auctions.
5     "Auctioneer" means a person or entity who, for another, for
6 a fee, compensation, commission, or any other valuable
7 consideration at auction or with the intention or expectation
8 of receiving valuable consideration by the means of or process
9 of an auction or sale at auction or providing an auction
10 service, offers, negotiates, or attempts to negotiate an
11 auction contract, sale, purchase, or exchange of goods,
12 chattels, merchandise, personal property, real property, or
13 any commodity that may be lawfully kept or offered for sale by
14 or at auction.
15     "Address of Record" means the designated address recorded
16 by the Department in the applicant's or licensee's application
17 file or license file maintained by the Department. It is the
18 duty of the applicant or licensee to inform the Department of
19 any change of address, and such changes must be made either
20 through the Department's website or by directly contacting the
21 Department.
22     "Buyer premium" means any fee or compensation paid by the
23 successful purchaser of property sold or leased at or by
24 auction, to the auctioneer, auction firms, seller, lessor, or
25 other party to the transaction, other than the purchase price.
26     "Department" means the Department of Financial and

 

 

09600SB1925ham001 - 34 - LRB096 11242 AMC 27087 a

1 Professional Regulation.
2     "Goods" means chattels, movable goods, merchandise, or
3 personal property or commodities of any form or type that may
4 be lawfully kept or offered for sale.
5     "Licensee" means any person licensed under this Act.
6     "Managing auctioneer" means any person licensed as an
7 auctioneer who manages and supervises licensees sponsored by an
8 auction firm or auctioneer.
9     "Person" means an individual, association, partnership,
10 corporation, or limited liability company or the officers,
11 directors, or employees of the same.
12     "Pre-renewal period" means the 24 months prior to the
13 expiration date of a license issued under this Act.
14     "Secretary" means the Secretary of the Department of
15 Financial and Professional Regulation or his or her designee.
16     "Sponsoring auctioneer" means the auctioneer or auction
17 firm who has issued a sponsor card to a licensed associate
18 auctioneer or auctioneer.
19     "Sponsor card" means the temporary permit issued by the
20 sponsoring auctioneer certifying that the licensee named
21 thereon is employed by or associated with the sponsoring
22 auctioneer and the sponsoring auctioneer shall be responsible
23 for the actions of the sponsored licensee.
24 (Source: P.A. 95-572, eff. 6-1-08.)
 
25     (225 ILCS 407/10-1)

 

 

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1     (Section scheduled to be repealed on January 1, 2010)
2     Sec. 10-1. Necessity of license; exemptions.
3     (a) It is unlawful for any person, corporation, limited
4 liability company, partnership, or other entity to conduct an
5 auction, provide an auction service, hold himself or herself
6 out as an auctioneer, or advertise his or her services as an
7 auctioneer in the State of Illinois without a license issued by
8 the Department under this Act, except at:
9         (1) an auction conducted solely by or for a
10     not-for-profit organization for charitable purposes in
11     which the individual receives no compensation;
12         (2) an auction conducted by the owner of the property,
13     real or personal;
14         (3) an auction for the sale or lease of real property
15     conducted by a licensee under the Real Estate License Act,
16     or its successor Acts, in accordance with the terms of that
17     Act;
18         (4) an auction conducted by a business registered as a
19     market agency under the federal Packers and Stockyards Act
20     (7 U.S.C. 181 et seq.) or under the Livestock Auction
21     Market Law;
22         (5) an auction conducted by an agent, officer, or
23     employee of a federal agency in the conduct of his or her
24     official duties; and
25         (6) an auction conducted by an agent, officer, or
26     employee of the State government or any political

 

 

09600SB1925ham001 - 36 - LRB096 11242 AMC 27087 a

1     subdivision thereof performing his or her official duties.
2     (b) Nothing in this Act shall be construed to apply to a
3 new or used vehicle dealer or a vehicle auctioneer licensed by
4 the Secretary of State of Illinois, or to any employee of the
5 licensee, who is a resident of the State of Illinois, while the
6 employee is acting in the regular scope of his or her
7 employment for the licensee while conducting an auction that is
8 not open to the public, provided that only new or used vehicle
9 dealers, rebuilders, automotive parts recyclers, or scrap
10 processors licensed by the Secretary of State or licensed by
11 another state or jurisdiction may buy property at the auction,
12 or to sales by or through the licensee. Out-of-state salvage
13 vehicle buyers licensed in another state or jurisdiction may
14 also buy property at the auction.
15     (c) Nothing in this Act shall be construed to prohibit a
16 person under the age of 18 from selling property under $250 in
17 value while under the direct supervision of a licensed
18 auctioneer.
19     (d) Nothing in this Act, except Section 10-27, shall be
20 construed to apply to a person while providing an Internet
21 auction listing service as defined in Section 10-27.
22 (Source: P.A. 95-572, eff. 6-1-08; 95-783, eff. 1-1-09.)
 
23     (225 ILCS 407/10-15a new)
24     Sec. 10-15a. Associate auctioneer license; discontinuance.
25     (a) Upon the effective date of this amendatory Act of the

 

 

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1 96th General Assembly, the Department shall no longer issue or
2 renew any associate auctioneer license.
3     (b) Any person who holds a valid license as an associate
4 auctioneer on the effective date of this amendatory Act of the
5 96th General Assembly shall be issued an auctioneer license
6 without having to apply to the Department or pay any fee. Such
7 licensee's previous record as an associate auctioneer,
8 including any past discipline imposed on him or her, shall be
9 become part of his or her auctioneer license record. The
10 expiration date of such licensee's auctioneer license shall be
11 the same as the expiration date of his or her associate
12 auctioneer license.
13     (c) Upon receipt of an auctioneer license issued by the
14 Department pursuant to this Section, a licensee's associate
15 auctioneer license shall no longer be valid.
 
16     (225 ILCS 407/10-20)
17     (Section scheduled to be repealed on January 1, 2010)
18     Sec. 10-20. Requirements for auction firm license;
19 application. Any corporation, limited liability company, or
20 partnership who desires to obtain an auction firm license
21 shall:
22         (1) apply to the Department on forms provided by the
23     Department accompanied by the required fee; and
24         (2) provide evidence to the Department that the auction
25     firm has a properly licensed managing auctioneer; and .

 

 

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1         (3) any requirement as defined by rule.
2 (Source: P.A. 95-572, eff. 6-1-08.)
 
3     (225 ILCS 407/10-27)
4     (Section scheduled to be repealed on January 1, 2010)
5     Sec. 10-27. Registration of Internet Auction Listing
6 Service.
7     (a) For the purposes of this Section:
8         (1) "Internet Auction Listing Service" means a website
9     on the Internet, or other interactive computer service that
10     is designed to allow or advertised as a means of allowing
11     users to offer personal property or services for sale or
12     lease to a prospective buyer or lessee through an on-line
13     bid submission process using that website or interactive
14     computer service and that does not examine, set the price,
15     or prepare the description of the personal property or
16     service to be offered, or in any way utilize the services
17     of a natural person as an auctioneer.
18         (2) "Interactive computer service" means any
19     information service, system, or access software provider
20     that provides or enables computer access by multiple users
21     to a computer server, including specifically a service or
22     system that provides access to the Internet.
23     (b) It is unlawful for any person, corporation, limited
24 liability company, partnership, or other entity to provide an
25 Internet auction listing service in the State of Illinois for

 

 

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1 compensation without being registered with the Department
2 when:
3         (1) the person, corporation, limited liability
4     company, partnership, or other entity providing the
5     Internet auction listing service is located in the State of
6     Illinois;
7         (2) the prospective seller or seller, prospective
8     lessor or lessor, or prospective purchaser or purchaser is
9     located in the State of Illinois and is required to agree
10     to terms with the person, corporation, limited liability
11     company, partnership, or other entity providing the
12     Internet auction listing service, no matter where that
13     person, corporation, limited liability company,
14     partnership, or other entity is located; or
15         (3) the personal property or services offered for sale
16     or lease are located or will be provided in the State of
17     Illinois.
18     (c) Any person, corporation, limited liability company,
19 partnership, or other entity that provides an Internet auction
20 listing service in the State of Illinois for compensation under
21 any of the circumstances listed in subsection (b) shall
22 register with the Department on forms provided by the
23 Department accompanied by the required fee as provided by rule.
24 Such registration shall include information as required by the
25 Department and established by rule as the Department deems
26 necessary to enable users of the Internet auction listing

 

 

09600SB1925ham001 - 40 - LRB096 11242 AMC 27087 a

1 service in Illinois to identify the entity providing the
2 service and to seek redress or further information from such
3 entity. The fee shall be sufficient to cover the reasonable
4 costs of the Department in administering and enforcing the
5 provisions of this Section. The registrant shall be required to
6 certify:
7         (1) that the registrant does not act as the agent of
8     users who sell items on its website, and acts only as a
9     venue for user transactions;
10         (2) that the registrant requires sellers and bidders to
11     register with the website and provide their name, address,
12     telephone number and e-mail address;
13         (3) that the registrant retains such information for a
14     period of at least 2 years;
15         (4) that the registrant retains transactional
16     information consisting of at least seller identification,
17     high bidder identification, and item sold for at least 2
18     years from the close of a transaction, and has a mechanism
19     to identify all transactions involving a particular seller
20     or buyer;
21         (5) that the registrant has a mechanism to receive
22     complaints or inquiries from users;
23         (6) that the registrant adopts and reasonably
24     implements a policy of suspending, in appropriate
25     circumstances, the accounts of users who, based on the
26     registrant's investigation, are proven to have engaged in a

 

 

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1     pattern of activity that appears to be deliberately
2     designed to defraud consumers on the registrant's website;
3     and
4         (7) that the registrant will comply with the Department
5     and law enforcement requests for stored data in its
6     possession, subject to the requirements of applicable law.
7     (d) The Department may refuse to accept a registration
8 which is incomplete or not accompanied by the required fee. The
9 Department may impose a civil penalty not to exceed $10,000
10 upon any Internet auction listing service that intentionally
11 fails to register as required by this Section, and may impose
12 such penalty or revoke, suspend, or place on probation or
13 administrative supervision the registration of any Internet
14 auction listing service that:
15         (1) intentionally makes a false or fraudulent material
16     representation or material misstatement or
17     misrepresentation to the Department in connection with its
18     registration, including in the certification required
19     under subsection (c);
20         (2) is convicted of any crime, an essential element of
21     which is dishonesty, fraud, larceny, embezzlement, or
22     obtaining money, property, or credit by false pretenses or
23     by means of a confidence game; or is convicted in this or
24     another state of a crime that is a felony under the laws of
25     this State; or is convicted of a felony in a federal court;
26         (3) is adjudged to be a person under legal disability

 

 

09600SB1925ham001 - 42 - LRB096 11242 AMC 27087 a

1     or subject to involuntary admission or to meet the standard
2     for judicial admission as provided in the Mental Health and
3     Developmental Disabilities Code;
4         (4) has been subject to discipline by another state,
5     the District of Columbia, a territory of the United States,
6     a foreign nation, a governmental agency, or any other
7     entity authorized to impose discipline if at least one of
8     the grounds for that discipline is the same as or
9     equivalent to one of the grounds for discipline set forth
10     in this Section or for failing to report to the Department,
11     within 30 days, any adverse final action taken against the
12     registrant by any other licensing or registering
13     jurisdiction, government agency, law enforcement agency,
14     or court, or liability for conduct that would constitute
15     grounds for action as set forth in this Section;
16         (5) fails to make available to the Department personnel
17     during normal business hours all records and related
18     documents maintained in connection with the activities
19     subject to registration under this Section;
20         (6) makes or files false records or reports in
21     connection with activities subject to registration,
22     including but not limited to false records or reports filed
23     with State agencies;
24         (7) fails to provide information within 30 days in
25     response to a written request made by the Department to a
26     person designated in the registration for receipt of such

 

 

09600SB1925ham001 - 43 - LRB096 11242 AMC 27087 a

1     requests; or
2         (8) fails to perform any act or procedure described in
3     subsection (c) of this Section.
4     (e) Registrations issued pursuant to this Section shall be
5 defined by rule expire on September 30 of odd-numbered years. A
6 registrant shall submit a renewal application to the Department
7 on forms provided by the Department along with the required fee
8 as established by rule.
9     (f) Operating an Internet auction listing service under any
10 of the circumstances listed in subsection (b) without being
11 currently registered under this Section is declared to be
12 adverse to the public welfare, to constitute a public nuisance,
13 and to cause irreparable harm to the public welfare. The
14 Secretary, the Attorney General of the State of Illinois, the
15 State's Attorney of any county in the State, or any other
16 person may maintain an action and apply for injunctive relief
17 in any circuit court to enjoin the person or entity from
18 engaging in such practice.
19     (g) The provisions of Sections 20-25, 20-30, 20-35, 20-40,
20 20-45, 20-50, 20-55, 20-60 and 20-75 of this Act shall apply to
21 any actions of the Department exercising its authority under
22 subsection (d) as if a person required to register under this
23 Section were a person holding or claiming to hold a license
24 under this Act.
25     (h) The Department shall have the authority to adopt such
26 rules as may be necessary to implement or interpret the

 

 

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1 provisions of this Section.
2 (Source: P.A. 95-572, eff. 6-1-08.)
 
3     (225 ILCS 407/10-30)
4     (Section scheduled to be repealed on January 1, 2010)
5     Sec. 10-30. Expiration, renewal, and continuing education.
6     (a) License expiration dates, renewal periods, renewal
7 fees, and procedures for renewal of licenses issued under this
8 Act shall be set by rule of the Department. An entity may renew
9 its license by paying the required fee and by meeting the
10 renewal requirements adopted by the Department under this
11 Section.
12     (b) All renewal applicants must provide proof as determined
13 by the Department of having met the continuing education
14 requirements set forth by the Department by rule. At a minimum,
15 the rules shall require an applicant for renewal licensure as
16 an auctioneer or associate auctioneer to provide proof of the
17 completion of at least 12 hours of continuing education during
18 the pre-renewal period preceding the expiration date of the
19 license from schools approved by the Department, as established
20 by rule.
21     (c) The Department, in its discretion, may waive
22 enforcement of the continuing education requirements of this
23 Section and shall adopt rules defining the standards and
24 criteria for such waiver.
25     (d) (Blank).

 

 

09600SB1925ham001 - 45 - LRB096 11242 AMC 27087 a

1 (Source: P.A. 95-572, eff. 6-1-08.)
 
2     (225 ILCS 407/10-35)
3     (Section scheduled to be repealed on January 1, 2010)
4     Sec. 10-35. Completed 45-day permit sponsor card;
5 termination by sponsoring auctioneer; inoperative status.
6     (a) No auctioneer or associate auctioneer shall conduct an
7 auction or provide an auction service without being properly
8 sponsored by a licensed auctioneer or auction firm.
9     (b) The sponsoring auctioneer or sponsoring auction firm
10 shall prepare upon forms provided by the Department and deliver
11 to each auctioneer or associate auctioneer employed by or
12 associated with the sponsoring auctioneer or sponsoring
13 auction firm a properly completed duplicate 45-day permit
14 sponsor card certifying that the person whose name appears
15 thereon is in fact employed by or associated with said
16 sponsoring auctioneer or sponsoring auction firm. The
17 sponsoring auctioneer or sponsoring auction firm shall send the
18 original 45-day permit sponsor card, along with a valid
19 terminated license or other authorization as provided by rule
20 and the appropriate fee, to the Department within 24 hours
21 after the issuance of the sponsor card. It is a violation of
22 this Act for any sponsoring auctioneer or sponsoring auction
23 firm to issue a sponsor card to any auctioneer, associate
24 auctioneer, or applicant, unless the auctioneer, associate
25 auctioneer, or applicant presents in hand a valid terminated

 

 

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1 license or other authorization, as provided by rule.
2     (c) An auctioneer may be self-sponsored or may be sponsored
3 by another licensed auctioneer or auction firm.
4     (d) (Blank). An associate auctioneer must be sponsored by a
5 licensed auctioneer or auction firm.
6     (e) When an auctioneer or associate auctioneer terminates
7 his or her employment or association with a sponsoring
8 auctioneer or sponsoring auction firm or the employment or
9 association is terminated by the sponsoring auctioneer or
10 sponsoring auction firm, the terminated licensee shall obtain
11 from that sponsoring auctioneer or sponsoring auction firm his
12 or her license endorsed by the sponsoring auctioneer or
13 sponsoring auction firm indicating the termination. The
14 terminating sponsoring auctioneer or sponsoring auction firm
15 shall send a copy of the terminated license within 5 days after
16 the termination to the Department or shall notify the
17 Department in writing of the termination and explain why a copy
18 of the terminated license was not surrendered.
19     (f) The license of any auctioneer or associate auctioneer
20 whose association with a sponsoring auctioneer or sponsoring
21 auction firm has terminated shall automatically become
22 inoperative immediately upon such termination, unless the
23 terminated licensee accepts employment or becomes associated
24 with a new sponsoring auctioneer or sponsoring auction firm
25 pursuant to subsection (g) of this Section. An inoperative
26 licensee under this Act shall not conduct an auction or provide

 

 

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1 auction services while the license is in inoperative status.
2     (g) When a terminated or inoperative auctioneer or
3 associate auctioneer accepts employment or becomes associated
4 with a new sponsoring auctioneer or sponsoring auction firm,
5 the new sponsoring auctioneer or sponsoring auction firm shall
6 send to the Department a properly completed 45-day permit
7 sponsor card, the terminated license, and the appropriate fee.
8 (Source: P.A. 95-572, eff. 6-1-08.)
 
9     (225 ILCS 407/10-40)
10     (Section scheduled to be repealed on January 1, 2010)
11     Sec. 10-40. Restoration.
12     (a) A licensee whose license has lapsed or expired shall
13 have 2 years from the expiration date to restore his or her
14 license without examination. The expired licensee shall make
15 application to the Department on forms provided by the
16 Department, including a properly completed 45-day permit
17 sponsor card, provide evidence of successful completion of 12
18 hours of approved continuing education during the period of
19 time the license had lapsed, and pay all lapsed fees and
20 penalties as established by administrative rule.
21     (b) Notwithstanding any other provisions of this Act to the
22 contrary, any licensee whose license under this Act has expired
23 is eligible to restore such license without paying any lapsed
24 fees and penalties provided that the license expired while the
25 licensee was:

 

 

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1         (1) on active duty with the United States Army, United
2     States Marine Corps, United States Navy, United States Air
3     Force, United States Coast Guard, the State Militia called
4     into service or training;
5         (2) engaged in training or education under the
6     supervision of the United States prior to induction into
7     military service; or
8         (3) serving as an employee of the Department, while the
9     employee was required to surrender his or her license due
10     to a possible conflict of interest.
11     A licensee shall be eligible to restore a license under the
12 provisions of this subsection for a period of 2 years following
13 the termination of the service, education, or training by
14 providing a properly completed application and 45-day permit
15 sponsor card, provided that the termination was by other than
16 dishonorable discharge and provided that the licensee
17 furnishes the Department with an affidavit specifying that the
18 licensee has been so engaged.
19     (c) At any time after the suspension, revocation, placement
20 on probationary status, or other disciplinary action taken
21 under this Act with reference to any license, the Department
22 may restore the license to the licensee without examination
23 upon the order of the Secretary, if the licensee submits a
24 properly completed application and 45-day permit sponsor card,
25 pays appropriate fees, and otherwise complies with the
26 conditions of the order.

 

 

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1 (Source: P.A. 95-331, eff. 8-21-07; 95-572, eff. 6-1-08.)
 
2     (225 ILCS 407/10-45)
3     (Section scheduled to be repealed on January 1, 2010)
4     Sec. 10-45. Nonresident auctioneer reciprocity.
5     (a) A person holding a license to engage in auctions issued
6 to him or her by the proper authority of a state, territory, or
7 possession of the United States of America or the District of
8 Columbia that has licensing requirements equal to or
9 substantially equivalent to the requirements of this State and
10 that otherwise meets the requirements of this Act may obtain a
11 license under this Act without examination, provided:
12         (1) that the Department has entered into a valid
13     reciprocal agreement with the proper authority of the
14     state, territory, or possession of the United States of
15     America or the District of Columbia from which the
16     nonresident applicant has a valid license;
17         (2) that the applicant provides the Department with a
18     certificate of good standing from the applicant's resident
19     state of licensure;
20         (3) that the applicant completes and submits an
21     application as provided by the Department; and
22         (4) that the applicant pays all applicable fees
23     required under this Act.
24     (b) A nonresident applicant shall file an irrevocable
25 consent with the Department that actions may be commenced

 

 

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1 against the applicant or nonresident licensee in a court of
2 competent jurisdiction in this State by the service of summons,
3 process, or other pleading authorized by the law upon the
4 Secretary. The consent shall stipulate and agree that service
5 of the process, summons, or pleading upon the Secretary shall
6 be taken and held in all courts to be valid and binding as if
7 actual service had been made upon the applicant in Illinois. If
8 a summons, process, or other pleading is served upon the
9 Secretary, it shall be by duplicate copies, one of which shall
10 be retained by the Department and the other immediately
11 forwarded by certified or registered mail to the last known
12 business address of the applicant or nonresident licensee
13 against whom the summons, process, or other pleading may be
14 directed.
15 (Source: P.A. 95-572, eff. 6-1-08.)
 
16     (225 ILCS 407/10-50)
17     (Section scheduled to be repealed on January 1, 2010)
18     Sec. 10-50. Fees; disposition of funds. Fees shall be
19 determined by rule and shall be non-refundable.
20     (a) The Department shall establish by rule a schedule of
21 fees for the administration and maintenance of this Act. Such
22 fees shall be nonrefundable.
23     (b) All fees collected under this Act shall be deposited
24 into the General Professions Dedicated Fund and appropriated to
25 the Department for the ordinary and contingent expenses of the

 

 

09600SB1925ham001 - 51 - LRB096 11242 AMC 27087 a

1 Department in the administration of this Act. The Department
2 shall provide by administrative rule for fees to be collected
3 from licensees and applicants to cover the statutory
4 requirements for funding the Auctioneer Recovery Fund. The
5 Department may also provide by administrative rule for general
6 fees to cover the reasonable expenses of carrying out other
7 functions and responsibilities under this Act.
8 (Source: P.A. 95-572, eff. 6-1-08.)
 
9     (225 ILCS 407/15-5)
10     (Section scheduled to be repealed on January 1, 2010)
11     Sec. 15-5. Representations. An auctioneer, associate
12 auctioneer, or auction firm, or the sponsored licensees,
13 agents, or employees of an auctioneer or auction firm,
14 conducting an auction or providing an auction service shall
15 not:
16         (1) misrepresent a fact material to a purchaser's
17     decision to buy at or by auction;
18         (2) predict specific or immediate increases in the
19     value of any item offered for sale at auction; or
20         (3) materially misrepresent the qualities or
21     characteristics of any item offered for sale at auction.
22 (Source: P.A. 91-603, eff. 1-1-00.)
 
23     (225 ILCS 407/15-10)
24     (Section scheduled to be repealed on January 1, 2010)

 

 

09600SB1925ham001 - 52 - LRB096 11242 AMC 27087 a

1     Sec. 15-10. Auction contract. Any auctioneer, associate
2 auctioneer, or auction firm shall not conduct an auction or
3 provide an auction service, unless the auctioneer, associate
4 auctioneer, or auction firm enters into a written or oral
5 auction contract with the seller of any property at auction
6 prior to the date of the auction. Any agreement shall state
7 whether the auction is with reserve or absolute. The agreement
8 shall be signed by the auctioneer, associate auctioneer, or
9 auction firm conducting an auction or providing an auction
10 service and the seller or sellers, or the legal agent of the
11 seller or sellers of the property to be offered at or by
12 auction, and shall include, but not be limited to the following
13 disclosures:
14         (1) Licensees shall disclose:
15             (A) the name, license number, business address,
16         and phone number of the auctioneer, associate
17         auctioneer, or auction firm conducting an auction or
18         providing an auction service;
19             (B) the fee to be paid to the auctioneer, associate
20         auctioneer, or auction firm for conducting an auction
21         or providing an auction service; and
22             (C) an estimate of the advertising costs that shall
23         be paid by the seller or sellers of property at auction
24         and a disclosure that, if the actual advertising costs
25         exceeds 120% of the estimated advertising cost, the
26         auctioneer, associate auctioneer, or auction firm

 

 

09600SB1925ham001 - 53 - LRB096 11242 AMC 27087 a

1         shall pay the advertising costs that exceed 120% of the
2         estimated advertising costs or shall have the seller or
3         sellers agree in writing to pay for the actual
4         advertising costs in excess of 120% of the estimated
5         advertising costs.
6             (D) the buyer premium and the party to the
7         transaction that receives it.
8         (2) Sellers shall disclose:
9             (A) the name, address, and phone number of the
10         seller or sellers or the legal agent of the seller or
11         sellers of property to be sold at auction; and
12             (B) any mortgage, lien, easement, or encumbrance
13         of which the seller has knowledge on any property or
14         goods to be sold or leased at or by auction.
15 (Source: P.A. 91-603, eff. 1-1-00.)
 
16     (225 ILCS 407/20-5)
17     (Section scheduled to be repealed on January 1, 2010)
18     Sec. 20-5. Unlicensed practice; civil penalty.
19     (a) Any person who practices, offers to practice, attempts
20 to practice, or holds oneself out to practice as an auctioneer,
21 an associate auctioneer, an auction firm, or any other licensee
22 under this Act without being licensed under this Act shall, in
23 addition to any other penalty provided by law, pay a civil
24 penalty to the Department in an amount not to exceed $10,000
25 for each offense as determined by the Department. The civil

 

 

09600SB1925ham001 - 54 - LRB096 11242 AMC 27087 a

1 penalty fine shall be assessed by the Department after a
2 hearing is held in accordance with the provisions set forth in
3 this Act regarding a hearing for the discipline of a license.
4     (b) The Department has the authority and power to
5 investigate any and all unlicensed activity pursuant to this
6 Act.
7     (c) The civil penalty shall be paid within 60 days after
8 the effective date of the order imposing the civil penalty. The
9 order shall constitute a judgment and may be filed and
10 execution had thereon in the same manner from any court of
11 record.
12     (d) Conducting an auction or providing an auction service
13 in Illinois without holding a valid and current license under
14 this Act is declared to be adverse to the public welfare, to
15 constitute a public nuisance, and to cause irreparable harm to
16 the public welfare. The Secretary, the Attorney General, the
17 State's Attorney of any county in the State, or any other
18 person may maintain an action in the name of the People of the
19 State of Illinois and may apply for injunctive relief in any
20 circuit court to enjoin the person or entity from engaging in
21 such practice.
22     Upon the filing of a verified petition in a circuit court,
23 the court, if satisfied by affidavit or otherwise that the
24 person or entity has been engaged in the practice of auctioning
25 without a valid and current license, may enter a temporary
26 restraining order without notice or bond enjoining the

 

 

09600SB1925ham001 - 55 - LRB096 11242 AMC 27087 a

1 defendant from further practice. Only the showing of
2 non-licensure, by affidavit or otherwise, is necessary in order
3 for a temporary injunction to be issued. A copy of the verified
4 complaint shall be served upon the defendant and the
5 proceedings shall thereafter be conducted as in other civil
6 cases except as modified by this Section. If it is established
7 that the defendant has been or is engaged in unlawful practice,
8 the court may enter an order or judgment perpetually enjoining
9 the defendant from further practice. In all proceedings
10 hereunder, the court, in its discretion, may apportion the
11 costs among the parties interested in the action, including
12 cost of filing the complaint, service of process, witness fees
13 and expenses, court reporter charges, and reasonable
14 attorneys' fees. In case of violation of any injunctive order
15 entered under the provisions of this Section, the court may
16 summarily try and punish the offender for contempt of court.
17 These injunction proceedings shall be in addition to, and not
18 in lieu of, all penalties and other remedies provided in this
19 Act.
20 (Source: P.A. 95-572, eff. 6-1-08.)
 
21     (225 ILCS 407/20-15)
22     (Section scheduled to be repealed on January 1, 2010)
23     Sec. 20-15. Disciplinary actions; grounds. The Department
24 may refuse to issue or renew a license, may place on probation
25 or administrative supervision, suspend, or revoke any license

 

 

09600SB1925ham001 - 56 - LRB096 11242 AMC 27087 a

1 or may reprimand or take other disciplinary or non-disciplinary
2 action as the Department may deem proper, including the
3 imposition of fines not to exceed $10,000 for each violation
4 upon anyone licensed under this Act for any of the following
5 reasons:
6         (1) False or fraudulent representation or material
7     misstatement in furnishing information to the Department
8     in obtaining or seeking to obtain a license.
9         (2) Violation of any provision of this Act or the rules
10     promulgated pursuant to this Act.
11         (3) Conviction of or entry of a plea of guilty or nolo
12     contendere to any crime that is a felony under the laws of
13     the United States or any state or territory thereof, or
14     that is a misdemeanor, an essential element of which is
15     dishonesty, or any crime that is directly related to the
16     practice of the profession. fraud, or larceny,
17     embezzlement, or obtaining money, property, or credit by
18     false pretenses or by means of a confidence game,
19     conviction in this or another state of a crime that is a
20     felony under the laws of this State, or conviction of a
21     felony in a federal court.
22         (4) Being adjudged to be a person under legal
23     disability or subject to involuntary admission or to meet
24     the standard for judicial admission as provided in the
25     Mental Health and Developmental Disabilities Code.
26         (5) Discipline of a licensee by another state, the

 

 

09600SB1925ham001 - 57 - LRB096 11242 AMC 27087 a

1     District of Columbia, a territory of the United States, a
2     foreign nation, a governmental agency, or any other entity
3     authorized to impose discipline if at least one of the
4     grounds for that discipline is the same as or the
5     equivalent to one of the grounds for discipline set forth
6     in this Act or for failing to report to the Department,
7     within 30 days, any adverse final action taken against the
8     licensee by any other licensing jurisdiction, government
9     agency, law enforcement agency, or court, or liability for
10     conduct that would constitute grounds for action as set
11     forth in this Act.
12         (6) Engaging in the practice of auctioneering,
13     conducting an auction, or providing an auction service
14     without a license or after the license was expired,
15     revoked, suspended, or terminated or while the license was
16     inoperative.
17         (7) Attempting to subvert or cheat on the auctioneer
18     exam or any continuing education exam, or aiding or
19     abetting another to do the same.
20         (8) Directly or indirectly giving to or receiving from
21     a person, firm, corporation, partnership, or association a
22     fee, commission, rebate, or other form of compensation for
23     professional service not actually or personally rendered,
24     except that an auctioneer licensed under this Act may
25     receive a fee from another licensed auctioneer from this
26     State or jurisdiction for the referring of a client or

 

 

09600SB1925ham001 - 58 - LRB096 11242 AMC 27087 a

1     prospect for auction services to the licensed auctioneer.
2         (9) Making any substantial misrepresentation or
3     untruthful advertising.
4         (10) Making any false promises of a character likely to
5     influence, persuade, or induce.
6         (11) Pursuing a continued and flagrant course of
7     misrepresentation or the making of false promises through a
8     licensee, agent, employee, advertising, or otherwise.
9         (12) Any misleading or untruthful advertising, or
10     using any trade name or insignia of membership in any
11     auctioneer association or organization of which the
12     licensee is not a member.
13         (13) Commingling funds of others with his or her own
14     funds or failing to keep the funds of others in an escrow
15     or trustee account.
16         (14) Failure to account for, remit, or return any
17     moneys, property, or documents coming into his or her
18     possession that belong to others, acquired through the
19     practice of auctioneering, conducting an auction, or
20     providing an auction service within 30 days of the written
21     request from the owner of said moneys, property, or
22     documents.
23         (15) Failure to maintain and deposit into a special
24     account, separate and apart from any personal or other
25     business accounts, all moneys belonging to others
26     entrusted to a licensee while acting as an auctioneer,

 

 

09600SB1925ham001 - 59 - LRB096 11242 AMC 27087 a

1     associate auctioneer, auction firm, or as a temporary
2     custodian of the funds of others.
3         (16) Failure to make available to Department personnel
4     during normal business hours all escrow and trustee records
5     and related documents maintained in connection with the
6     practice of auctioneering, conducting an auction, or
7     providing an auction service within 24 hours after a
8     request from Department personnel.
9         (17) Making or filing false records or reports in his
10     or her practice, including but not limited to false records
11     or reports filed with State agencies.
12         (18) Failing to voluntarily furnish copies of all
13     written instruments prepared by the auctioneer and signed
14     by all parties to all parties at the time of execution.
15         (19) Failing to provide information within 30 days in
16     response to a written request made by the Department.
17         (20) Engaging in any act that constitutes a violation
18     of Section 2-102, 3-103, or 3-105 of the Illinois Human
19     Rights Act.
20         (21) (Blank) Causing a payment from the Auction
21     Recovery Fund.
22         (22) Engaging in dishonorable, unethical, or
23     unprofessional conduct of a character likely to deceive,
24     defraud, or harm the public.
25         (23) Offering or advertising real estate for sale or
26     lease at auction without a valid broker or salesperson's

 

 

09600SB1925ham001 - 60 - LRB096 11242 AMC 27087 a

1     license under the Real Estate License Act of 1983, or any
2     successor Act, unless exempt from licensure under the terms
3     of the Real Estate License Act of 2000 2001, or any
4     successor Act.
5         (24) Inability to practice the profession with
6     reasonable judgement, skill, or safety as a result of a
7     physical illness, including, but not limited to,
8     deterioration through the aging process or loss of motor
9     skill, or a mental illness or disability. Physical illness,
10     mental illness, or other impairment including without
11     limitation deterioration through the aging process, mental
12     illness, or disability that results in the inability to
13     practice the profession with reasonable judgment, skill,
14     and safety.
15         (25) A pattern of practice or other behavior that
16     demonstrates incapacity or incompetence to practice under
17     this Act.
18         (26) Being named as a perpetrator in an indicated
19     report by the Department of Children and Family Services
20     under the Abused and Neglected Child Reporting Act and upon
21     proof by clear and convincing evidence that the licensee
22     has caused a child to be an abused child or a neglected
23     child as defined in the Abused and Neglected Child
24     Reporting Act.
25         (27) Inability to practice with reasonable judgement,
26     skill, or safety as a result of habitual or excessive use

 

 

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1     or addiction to alcohol, narcotics, stimulants, or any
2     other chemical agent or drug. Habitual or excessive use or
3     addiction to alcohol, narcotics, stimulants, or any other
4     chemical agent or drug that results in a licensee's
5     inability to practice with reasonable judgment, skill, or
6     safety.
7         (28) Wilfully failing to report an instance of
8     suspected child abuse or neglect as required by the Abused
9     and Neglected Child Reporting Act.
10     The entry of an order by a circuit court establishing that
11 any person holding a license under this Act is subject to
12 involuntary admission or judicial admission, as provided for in
13 the Mental Health and Developmental Disabilities Code,
14 operates as an automatic suspension of that license. That
15 person may have his or her license restored only upon the
16 determination by a circuit court that the patient is no longer
17 subject to involuntary admission or judicial admission and the
18 issuance of an order so finding and discharging the patient and
19 upon the Board's recommendation to the Department that the
20 license be restored. Where circumstances so indicate, the Board
21 may recommend to the Department that it require an examination
22 prior to restoring a suspended license.
23     If the Department or Board finds an individual unable to
24 practice because of the reasons set forth in this Section, the
25 Department or Board may require that individual to submit to
26 care, counseling, or treatment by physicians approved or

 

 

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1 designated by the Department or Board, as a condition, term, or
2 restriction for continued, reinstated, or renewed licensure to
3 practice; or, in lieu of care, counseling, or treatment, the
4 Department may file, or the Board may recommend to the
5 Department to file, a complaint to immediately suspend, revoke,
6 or otherwise discipline the license of the individual. An
7 individual whose license was granted, continued, reinstated,
8 renewed, disciplined or supervised subject to such terms,
9 conditions, or restrictions, and who fails to comply with such
10 terms, conditions, or restrictions, shall be referred to the
11 Secretary for a determination as to whether the individual
12 shall have his or her license suspended immediately, pending a
13 hearing by the Department. In instances in which the Secretary
14 immediately suspends a person's license under this Section, a
15 hearing on that person's license must be convened by the
16 Department within 21 days after the suspension and completed
17 without appreciable delay. The Department and Board shall have
18 the authority to review the subject individual's record of
19 treatment and counseling regarding the impairment to the extent
20 permitted by applicable federal statutes and regulations
21 safeguarding the confidentiality of medical records.
22     An individual licensed under this Act and affected under
23 this Section shall be afforded an opportunity to demonstrate to
24 the Department or Board that he or she can resume practice in
25 compliance with acceptable and prevailing standards under the
26 provisions of his or her license.

 

 

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1     In enforcing this Section, the Department or Board, upon a
2 showing of a possible violation, may compel an individual
3 licensed to practice under this Act, or who has applied for
4 licensure under this Act, to submit to a mental or physical
5 examination, or both, as required by and at the expense of the
6 Department. The Department or Board may order the examining
7 physician to present testimony concerning the mental or
8 physical examination of the licensee or applicant. No
9 information shall be excluded by reason of any common law or
10 statutory privilege relating to communications between the
11 licensee or applicant and the examining physician. The
12 examining physicians shall be specifically designated by the
13 Board or Department. The individual to be examined may have, at
14 his or her own expense, another physician of his or her choice
15 present during all aspects of this examination. Failure of an
16 individual to submit to a mental or physical examination when
17 directed shall be grounds for suspension of his or her license
18 until the individual submits to the examination, if the
19 Department finds that, after notice and hearing, the refusal to
20 submit to the examination was without reasonable cause.
21 (Source: P.A. 95-572, eff. 6-1-08.)
 
22     (225 ILCS 407/20-40)
23     (Section scheduled to be repealed on January 1, 2010)
24     Sec. 20-40. Hearings; record of hearings.
25     (a) The Department shall have the authority to conduct

 

 

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1 hearings before the Advisory Board on proceedings to revoke,
2 suspend, place on probation or administrative review,
3 reprimand, or refuse to issue or renew any license under this
4 Act or to impose a civil penalty not to exceed $10,000 upon any
5 licensee under this Act.
6     (b) The Department, at its expense, shall preserve a record
7 of all proceedings at the formal hearing of any case. The
8 notice of hearing, complaint, all other documents in the nature
9 of pleadings, written motions filed in the proceedings, the
10 transcripts of testimony, the report of the Board, and orders
11 of the Department shall be in the record of the proceeding. The
12 Department shall furnish a transcript of such record to any
13 person interested in such hearing upon payment of the fee
14 required under Section 2105-115 of the Department of
15 Professional Regulation Law (20 ILCS 2105/2105-115). The
16 Department, at its expense, shall preserve a record of all
17 proceedings at the formal hearing of any case involving the
18 discipline of any license under this Act. The notice of
19 hearing, complaint and all other documents in the nature of
20 pleadings and written motions filed in the proceedings, the
21 transcript of testimony, the report of the Board, and the order
22 of the Department shall be the record of proceeding. At all
23 hearings or prehearing conference, the Department and the
24 respondent shall be entitled to have a court reporter in
25 attendance for purposes of transcribing the proceeding or
26 prehearing conference.

 

 

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1 (Source: P.A. 95-572, eff. 6-1-08.)
 
2     (225 ILCS 407/20-43 new)
3     Sec. 20-43. Investigations; notice and hearing. The
4 Department may investigate the actions of any applicant or
5 person rendering or offering to render auction services, or
6 holding or claiming to hold a license as a licensed auctioneer.
7 At least 30 days before any disciplinary hearing under this
8 Act, the Department shall: (i) notify the accused in writing of
9 the charges made and the time and place of the hearing; (ii)
10 direct the accused to file with the Board a written answer
11 under oath to the charges within 20 days of receiving service
12 of the notice; and (iii) inform the accused that if he or she
13 fails to file an answer to the charges within 20 days of
14 receiving service of the notice, a default judgement may be
15 entered against him or her, or his or her license may be
16 suspended, revoked, placed on probationary status, or other
17 disciplinary action taken with regard to the license as the
18 Department may consider proper, including, but not limited to,
19 limiting the scope, nature, or extent of the licensee's
20 practice, or imposing a fine.
21     At the time and place of the hearing fixed in the notice,
22 the Board shall proceed to hear the charges and the accused or
23 his or her counsel shall be accorded ample opportunity to
24 present any pertinent statements, testimony, evidence, and
25 arguments in his or her defense. The Board may continue the

 

 

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1 hearing when it deems it appropriate.
2     Written notice of the hearing may be served by personal
3 delivery or by certified mail to the last known address of
4 record, unless specified as otherwise by the accused in his or
5 her last communication with the Department.
 
6     (225 ILCS 407/20-50)
7     (Section scheduled to be repealed on January 1, 2010)
8     Sec. 20-50. Findings and recommendations. Board's findings
9 of fact, conclusions of law, and recommendation to the
10 Secretary. At the conclusion of the hearing, the Board shall
11 present to the Secretary a written report of its findings of
12 fact, conclusions of law, and recommendations. The report shall
13 contain a finding whether or not the accused person violated
14 this Act or any rules promulgated pursuant to this Act. The
15 Board shall specify the nature of any violations and shall make
16 its recommendations to the Secretary. In making
17 recommendations for any disciplinary action, the Board may take
18 into consideration all facts and circumstances bearing upon the
19 reasonableness of the conduct of the accused, including, but
20 not limited to, previous discipline of the accused by the
21 Department, intent, degree of harm to the public and likelihood
22 of future harm to the public, any restitution made by the
23 accused, and whether the incident or incidents contained in the
24 complaint appear to be isolated or represent a continuing
25 pattern of conduct. In making its recommendations for

 

 

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1 discipline, the Board shall endeavor to ensure that the
2 severity of the discipline recommended is reasonably
3 proportional to the severity of the violation.
4     The report of the Board's findings of fact, conclusions of
5 law, and recommendations shall be the basis for the
6 Department's decision to refuse to issue, restore, or renew a
7 license, or to take any other disciplinary action. If the
8 Secretary disagrees with the recommendations of the Board, the
9 Secretary may issue an order in contravention of the Board
10 recommendations. The report's findings are not admissible in
11 evidence against the person in a criminal prosecution brought
12 for a violation of this Act, but the hearing and findings are
13 not a bar to a criminal prosecution for the violation of this
14 Act. At the conclusion of the hearing, the Advisory Board shall
15 present to the Secretary a written report of its findings of
16 facts, conclusions of law, and recommendations regarding
17 discipline or a fine. The report shall contain a finding
18 whether or not the accused person violated this Act or failed
19 to comply with the conditions required in this Act. The
20 Advisory Board shall specify the nature of the violation or
21 failure to comply and shall make its recommendations to the
22 Secretary.
23     If the Secretary disagrees in any regard with the report of
24 the Advisory Board, the Secretary may issue an order in
25 contravention of the report. The Secretary shall provide a
26 written report to the Advisory Board on any deviation and shall

 

 

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1 specify with particularity the reasons for that action in the
2 final order.
3 (Source: P.A. 95-572, eff. 6-1-08.)
 
4     (225 ILCS 407/20-55)
5     (Section scheduled to be repealed on January 1, 2010)
6     Sec. 20-55. Appointment of a hearing officer. Motion for
7 rehearing; rehearing. The Secretary has the authority to
8 appoint any attorney licensed to practice law in the State of
9 Illinois to serve as the hearing officer in any action for
10 refusal to issue, restore, or renew a license or to discipline
11 a licensee. The hearing officer has full authority to conduct
12 the hearing. Any Board member may attend hearings. The hearing
13 officer shall report his or her findings of fact, conclusions
14 of law, and recommendations to the Board. The Board shall
15 review the report of the hearing officer and present its
16 findings of fact, conclusions of law, and recommendations to
17 the Secretary and to all parties to the proceedings.
18     If the Secretary disagrees with the recommendations of the
19 Board or hearing officer, the Secretary may issue an order in
20 contravention of the Board's recommendations. In any hearing
21 involving the discipline of a license, a copy of the Advisory
22 Board's report shall be served upon the respondent by the
23 Department, either personally or as provided in this Act for
24 the service of the notice of hearing. Within 20 calendar days
25 after the service, the respondent may present to the Department

 

 

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1 a motion in writing for a rehearing, which shall specify the
2 particular grounds for rehearing.
3     If no motion for rehearing is filed, then upon the
4 expiration of the time specified for filing a motion, or if a
5 motion for rehearing is denied, then upon denial, the Secretary
6 may enter an order in accordance with the recommendations of
7 the Advisory Board, except as provided for in this Act. If the
8 respondent orders a transcript of the record from the reporting
9 service and pays for it within the time for filing a motion for
10 rehearing, the 20 calendar day period within which a motion for
11 rehearing may be filed shall commence upon the delivery of the
12 transcript to the respondent.
13     Whenever the Secretary is not satisfied that substantial
14 justice has been done in the hearing or in the Advisory Board's
15 report, the Secretary may order a rehearing by the same.
16 (Source: P.A. 95-572, eff. 6-1-08.)
 
17     (225 ILCS 407/20-56 new)
18     Sec. 20-56. Board; rehearing. At the conclusion of the
19 hearing, a copy of the Board's report shall be served upon the
20 applicant or licensee by the Department, either personally or
21 as provided in this Act for the service of a notice of hearing.
22 Within 20 days after service, the applicant or licensee may
23 present to the Department a motion in writing for a rehearing,
24 which shall specify the particular grounds for rehearing. The
25 Department may respond to the motion for rehearing within 20

 

 

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1 days after its service on the Department. If no motion for
2 rehearing is filed, then upon the expiration of the time
3 specified for filing such a motion, or if a motion for
4 rehearing is denied, then upon denial, the Secretary may enter
5 an order in accordance with recommendations of the Board except
6 as provided in Section 120 of this Act. If the applicant or
7 licensee orders from the reporting service and pays for a
8 transcript of the record within the time for filing a motion
9 for rehearing, the 20-day period within which a motion may be
10 filed shall commence upon the delivery of the transcript to the
11 applicant or licensee.
 
12     (225 ILCS 407/20-80)
13     (Section scheduled to be repealed on January 1, 2010)
14     Sec. 20-80. Summary suspension. The Secretary may
15 temporarily suspend any license pursuant to this Act, without
16 hearing, simultaneously with the institution of proceedings
17 for a hearing provided for in this Act, if the Secretary finds
18 that the evidence indicates that the public interest, safety,
19 or welfare requires emergency action. In the event that the
20 Secretary temporarily suspends any license without a hearing, a
21 hearing shall be commenced held within 30 calendar days after
22 the suspension has begun. The suspended licensee may seek a
23 continuance of the hearing during which the suspension shall
24 remain in effect. The proceeding shall be concluded without
25 appreciable delay.

 

 

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1 (Source: P.A. 95-572, eff. 6-1-08.)
 
2     (225 ILCS 407/30-7 new)
3     Sec. 30-7. Department; powers and duties. The Department
4 shall exercise the powers and duties prescribed by the Civil
5 Administrative Code of Illinois for the administration of
6 licensing acts and shall exercise such other powers and duties
7 as are prescribed by this Act. The Department may contract with
8 third parties for services necessary for the proper
9 administration of this Act.
 
10     (225 ILCS 407/30-13 new)
11     Sec. 30-13. The General Professions Dedicated Fund. All of
12 the fees, fines, and penalties collected under this Act shall
13 be deposited into the General Professions Dedicated Fund. The
14 monies deposited into the General Professions Dedicated Fund
15 shall be used by the Department, as appropriated, for the
16 ordinary and contingent expenses of the Department. Monies in
17 the General Professions Dedicated Fund may be invested and
18 reinvested, with all earnings received from investments to be
19 deposited into that Fund and used for the same purposes as fees
20 deposited in that Fund.
 
21     (225 ILCS 407/30-30)
22     (Section scheduled to be repealed on January 1, 2010)
23     Sec. 30-30. Auction Advisory Board.

 

 

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1     (a) There is hereby created the Auction Advisory Board. The
2 Advisory Board shall consist of 7 members and shall be
3 appointed by the Secretary. In making the appointments, the
4 Secretary shall give due consideration to the recommendations
5 by members and organizations of the industry, including but not
6 limited to the Illinois State Auctioneers Association. Five
7 members of the Advisory Board shall be licensed auctioneers,
8 except that for the initial appointments, these members may be
9 persons without a license, but who have been auctioneers for at
10 least 5 years preceding their appointment to the Advisory
11 Board. One member shall be a public member who represents the
12 interests of consumers and who is not licensed under this Act
13 or the spouse of a person licensed under this Act or who has
14 any responsibility for management or formation of policy of or
15 any financial interest in the auctioneering profession or any
16 other connection with the profession. One member shall be
17 actively engaged in the real estate industry and licensed as a
18 broker or salesperson. The Advisory Board shall annually elect
19 one of its members to serve as Chairperson.
20     (b) Members shall be appointed for a term of 4 years,
21 except that of the initial appointments, 3 members shall be
22 appointed to serve a term of 3 years and 4 members shall be
23 appointed to serve a term of 4 years. The Secretary shall fill
24 a vacancy for the remainder of any unexpired term. Each member
25 shall serve on the Advisory Board until his or her successor is
26 appointed and qualified. No person shall be appointed to serve

 

 

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1 more than 2 terms, including the unexpired portion of a term
2 due to vacancy. To the extent practicable, the Secretary shall
3 appoint members to insure that the various geographic regions
4 of the State are properly represented on the Advisory Board.
5     (c) Four A majority of the Advisory Board members currently
6 appointed shall constitute a quorum. A quorum is required for
7 all Board decisions A vacancy in the membership of the Advisory
8 Board shall not impair the right of a quorum to exercise all of
9 the rights and perform all the duties of the Board.
10     (d) Each member of the Advisory Board shall receive a per
11 diem stipend in an amount to be determined by the Secretary.
12 Each member shall be paid his or her necessary expenses while
13 engaged in the performance of his or her duties.
14     (e) Members of the Advisory Board shall be immune from suit
15 in an action based upon any disciplinary proceedings or other
16 acts performed in good faith as members of the Advisory Board.
17     (f) The Advisory Board shall meet monthly or as convened by
18 the Department Chairperson.
19     (g) The Advisory Board shall advise the Department on
20 matters of licensing and education and make recommendations to
21 the Department on those matters and shall hear and make
22 recommendations to the Secretary on disciplinary matters that
23 require a formal evidentiary hearing.
24     (h) The Secretary shall give due consideration to all
25 recommendations of the Advisory Board.
26 (Source: P.A. 95-572, eff. 6-1-08.)
 

 

 

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1     (225 ILCS 407/10-15 rep.)
2     (225 ILCS 407/10-25 rep.)
3     (225 ILCS 407/15-20 rep.)
4     (225 ILCS 407/20-45 rep.)
5     (225 ILCS 407/20-90 rep.)
6     (225 ILCS 407/30-15 rep.)
7     (225 ILCS 407/30-20 rep.)
8     (225 ILCS 407/30-25 rep.)
9     (225 ILCS 407/30-35 rep.)
10     (225 ILCS 407/30-40 rep.)
11     (225 ILCS 407/30-45 rep.)
12     Section 25. The Auction License Act is amended by repealing
13 Sections 10-15, 10-25, 15-20, 20-45, 20-90, 30-15, 30-20,
14 30-25, 30-35, 30-40 and 30-45.
 
15     Section 99. Effective date. This Act takes effect upon
16 becoming law.".