Illinois General Assembly - Full Text of HB5693
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Full Text of HB5693  98th General Assembly


Rep. Robert Rita

Filed: 3/4/2014





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2    AMENDMENT NO. ______. Amend House Bill 5693 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Illinois Architecture Practice Act of 1989
5is amended by changing Sections 3, 8, 9, 10, 12, 14, 16, 17,
621, 23, and 36 and by adding Section 37.5 as follows:
7    (225 ILCS 305/3)  (from Ch. 111, par. 1303)
8    (Section scheduled to be repealed on January 1, 2020)
9    Sec. 3. Application of Act. Nothing in this Act shall be
10deemed or construed to prevent the practice of structural
11engineering as defined in the Structural Engineering Practice
12Act of 1989, the practice of professional engineering as
13defined in the Professional Engineering Practice Act of 1989,
14or the preparation of documents used to prescribe work to be
15done inside buildings for non-loadbearing interior
16construction, furnishings, fixtures and equipment, or the



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1offering or preparation of environmental analysis, feasibility
2studies, programming or construction management services by
3persons other than those licensed in accordance with this Act,
4the Structural Engineering Practice Act of 1989 or the
5Professional Engineering Practice Act of 1989.
6    Nothing contained in this Act shall prevent the draftsmen,
7students, project representatives and other employees of those
8lawfully practicing as licensed architects under the
9provisions of this Act, from acting under the responsible
10control of their employers, or to prevent the employment of
11project representatives for enlargement or alteration of
12buildings or any parts thereof, or prevent such project
13representatives from acting under the responsible control of
14the licensed architect by whom the construction documents
15including drawings and specifications of any such building,
16enlargement or alteration were prepared.
17    Nothing in this Act or any other Act shall prevent an a
18licensed architect from practicing interior design services.
19Nothing in this Act shall be construed as requiring the
20services of an interior designer for the interior designing of
21a single family residence.
22    The involvement of an a licensed architect is not required
23for the following:
24        (A) The building, remodeling or repairing of any
25    building or other structure outside of the corporate limits
26    of any city or village, where such building or structure is



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1    to be, or is used for farm purposes, or for the purposes of
2    outbuildings or auxiliary buildings in connection with
3    such farm premises.
4        (B) The construction, remodeling or repairing of a
5    detached single family residence on a single lot.
6        (C) The construction, remodeling or repairing of a
7    two-family residence of wood frame construction on a single
8    lot, not more than two stories and basement in height.
9        (D) Interior design services for buildings which do not
10    involve life safety or structural changes.
11    However, when an ordinance of a unit of local government
12requires the involvement of an a licensed architect for any
13buildings included in the preceding paragraphs (A) through (D),
14the requirements of this Act shall apply. All buildings not
15included in the preceding paragraphs (A) through (D), including
16multi-family buildings and buildings previously exempt from
17the involvement of an a licensed architect under those
18paragraphs but subsequently non-exempt due to a change in
19occupancy or use, are subject to the requirements of this Act.
20Interior alterations which result in life safety or structural
21changes of the building are subject to the requirements of this
23(Source: P.A. 96-610, eff. 8-24-09.)
24    (225 ILCS 305/8)  (from Ch. 111, par. 1308)
25    (Section scheduled to be repealed on January 1, 2020)



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1    Sec. 8. Powers and duties of the Department.
2    (1) Subject to the provisions of this Act, the Department
3shall exercise the following functions, powers, and duties:
4        (a) conduct examinations to ascertain the
5    qualifications and fitness of applicants for licensure as
6    licensed architects, and pass upon the qualifications and
7    fitness of applicants for licensure by endorsement;
8        (b) prescribe rules for a method of examination of
9    candidates;
10        (c) prescribe rules defining what constitutes a
11    school, college or university, or department of a
12    university, or other institution, reputable and in good
13    standing, to determine whether or not a school, college or
14    university, or department of a university, or other
15    institution is reputable and in good standing by reference
16    to compliance with such rules, and to terminate the
17    approval of such school, college or university or
18    department of a university or other institution that
19    refuses admittance to applicants solely on the basis of
20    race, color, creed, sex or national origin. The Department
21    may adopt, as its own rules relating to education
22    requirements, those guidelines published from time to time
23    by the National Architectural Accrediting Board;
24        (d) prescribe rules for diversified professional
25    training;
26        (e) conduct oral interviews, disciplinary conferences



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1    and formal evidentiary hearings on proceedings to impose
2    fines or to suspend, revoke, place on probationary status,
3    reprimand, and refuse to issue or restore any license
4    issued under the provisions of this Act for the reasons set
5    forth in Section 22 of this Act;
6        (f) issue licenses to those who meet the requirements
7    of this Act;
8        (g) formulate and publish rules necessary or
9    appropriate to carrying out the provisions of this Act;
10        (h) maintain membership in the National Council of
11    Architectural Registration Boards and participate in
12    activities of the Council by designation of individuals for
13    the various classifications of membership and the
14    appointment of delegates for attendance at regional and
15    national meetings of the Council. All costs associated with
16    membership and attendance of such delegates to any national
17    meetings may be funded from the Design Professionals
18    Administration and Investigation Fund; and
19        (i) review such applicant qualifications to sit for the
20    examination or for licensure that the Board designates
21    pursuant to Section 10 of this Act.
22    (2) Upon the issuance of any final decision or order that
23deviates from any report or recommendation of the Board
24relating to the qualification of applicants, discipline of
25licensees or registrants, or promulgation of rules, the
26Secretary shall notify the Board with an explanation of the



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1deviation and provide a reasonable time for the Board to submit
2comments to the Secretary regarding the final decision or
3order. The Department may at any time seek the expert advice
4and knowledge of the Board on any matter relating to the
5enforcement of this Act.
6    (3) The Department may in its discretion, but shall not be
7required to, employ or utilize the legal services of outside
8counsel and the investigative services of outside personnel to
9assist the Department. However, no attorney employed or used by
10the Department shall prosecute a matter or provide legal
11services to the Department or Board with respect to the same
13(Source: P.A. 96-610, eff. 8-24-09.)
14    (225 ILCS 305/9)  (from Ch. 111, par. 1309)
15    (Section scheduled to be repealed on January 1, 2020)
16    Sec. 9. Creation of the Board. The Director shall appoint
17an Architecture Licensing Board which will consist of 6
18members. Five members shall be licensed architects, one of whom
19shall be a tenured member of the architectural faculty of an
20Illinois public university accredited by the National
21Architectural Accrediting Board. The other 4 shall be licensed
22architects, residing in this State, who have been engaged in
23the practice of architecture at least 10 years. In addition to
24the 5 licensed architects, there shall be one public member.
25The public member shall be a voting member and shall not hold a



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1license as an architect, professional engineer, structural
2engineer or land surveyor.
3    Board members shall serve 5 year terms and until their
4successors are appointed and qualified. In making the
5designation of persons to the Board, the Director shall give
6due consideration to recommendations by members and
7organizations of the profession.
8    The membership of the Board should reasonably reflect
9representation from the geographic areas in this State.
10    No member shall be reappointed to the Board for a term
11which would cause his or her continuous service on the Board to
12be longer than 10 successive years. Service prior to the
13effective date of this Act shall not be considered.
14    Appointments to fill vacancies shall be made in the same
15manner as original appointments, for the unexpired portion of
16the vacated term. Initial terms shall begin upon the effective
17date of this Act and Board members in office on that date under
18the predecessor Act may be appointed to specific terms as
19indicated in this Section.
20    Persons holding office as members of the Board under the
21Illinois Architecture Act immediately prior to the effective
22date of this Act shall continue as members of the Board under
23this Act until the expiration of the term for which they were
24appointed and until their successors are appointed and
26    Four members of the Board shall constitute a quorum. A



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1quorum is required for Board decisions.
2    The Director may remove any member of the Board for
3misconduct, incompetence, neglect of duty, or for reasons
4prescribed by law for removal of State officials.
5    The Director may remove a member of the Board who does not
6attend 2 consecutive meetings.
7    Notice of proposed rulemaking shall be transmitted to the
8Board and the Department shall review the response of the Board
9and any recommendations made therein. The Department may, at
10any time, seek the expert advice and knowledge of the Board on
11any matter relating to the administration or enforcement of
12this Act.
13    Members of the Board are immune from suit in any action
14based upon any disciplinary proceedings or other activities
15performed in good faith as members of the Board.
16(Source: P.A. 96-610, eff. 8-24-09.)
17    (225 ILCS 305/10)  (from Ch. 111, par. 1310)
18    (Section scheduled to be repealed on January 1, 2020)
19    Sec. 10. Powers and duties of the Board.
20    (a) The Board shall hold at least 3 regular meetings each
22    (b) The Board shall annually elect a Chairperson and a Vice
23Chairperson who shall be licensed architects.
24    (c) The Board, upon request by the Department, may make a
25curriculum evaluation to determine if courses conform to the



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1requirements of approved architectural programs.
2    (d) The Board shall assist the Department in conducting
3oral interviews, disciplinary conferences and formal
4evidentiary hearings.
5    (e) The Department may, at any time, seek the expert advice
6and knowledge of the Board on any matter relating to the
7enforcement of this Act.
8    (f) The Board may appoint a subcommittee to serve as a
9Complaint Committee to recommend the disposition of case files
10according to procedures established by rule in 68 Ill. Adm.
11Code 1150.95, and any amendments or changes thereto.
12    (g) The Board shall review applicant qualifications to sit
13for the examination or for licensure and shall make
14recommendations to the Department except for those applicant
15qualifications that the Board designates as routinely
16acceptable. The Department shall review the Board's
17recommendations on applicant qualifications. The Secretary
18shall notify the Board with an explanation of any deviation
19from the Board's recommendation on applicant qualifications.
20After review of the Secretary's explanation of his or her
21reasons for deviation, the Board shall have the opportunity to
22comment upon the Secretary's decision.
23    (h) The Board may submit comments to the Secretary within a
24reasonable time from notification of any final decision or
25order from the Secretary that deviates from any report or
26recommendation of the Board relating to the qualifications of



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1applicants, unlicensed practice, discipline of licensees or
2registrants, or promulgation of rules.
3    (i) The Board may recommend that the Department contract
4with an individual or a corporation or other business entity to
5assist in the providing of investigative, legal,
6prosecutorial, and other services necessary to perform its
7duties pursuant to subsection (3) of Section 8 of this Act.
8(Source: P.A. 96-610, eff. 8-24-09.)
9    (225 ILCS 305/12)  (from Ch. 111, par. 1312)
10    (Section scheduled to be repealed on January 1, 2020)
11    Sec. 12. Examinations; subjects; failure or refusal to take
12examination. The Department shall authorize examination of
13applicants as architects at such times and places as it may
14determine. The examination shall be in English and shall be
15written or written and graphic. It shall include at a minimum
16the following subjects:
17        (a) pre-design (environmental analysis, architectural
18    programming, and application of principles of project
19    management and coordination);
20        (b) site planning (site analysis, design and
21    development, parking, and application of zoning
22    requirements);
23        (c) building planning (conceptual planning of
24    functional and space relationships, building design,
25    interior space layout, barrier-free design, and the



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1    application of the life safety code requirements and
2    principles of energy efficient design);
3        (d) building technology (application of structural
4    systems, building components, and mechanical and
5    electrical systems);
6        (e) general structures (identification, resolution,
7    and incorporation of structural systems and the long span
8    design on the technical aspects of the design of buildings
9    and the process and construction);
10        (f) lateral forces (identification and resolution of
11    the effects of lateral forces on the technical aspects of
12    the design of buildings and the process of construction);
13        (g) mechanical and electrical systems (as applied to
14    the design of buildings, including plumbing and acoustical
15    systems);
16        (h) materials and methods (as related to the design of
17    buildings and the technical aspects of construction); and
18        (i) construction documents and services (conduct of
19    architectural practice as it relates to construction
20    documents, bidding, and construction administration and
21    contractual documents from beginning to end of a building
22    project).
23    It shall be the responsibility of the applicant to be
24familiar with this Act and its rules.
25    Examination subject matter headings and bases on which
26examinations are graded shall be indicated in rules pertaining



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1to this Act. The Department may adopt the examinations and
2grading procedures of the National Council of Architectural
3Registration Boards. Content of any particular examination
4shall not be considered public record under the Freedom of
5Information Act.
6    If an applicant neglects without an approved excuse or
7refuses to take the next available examination offered for
8licensure under this Act, the fee paid by the applicant shall
9be forfeited. If an applicant fails to pass an examination for
10licensure under this Act within 3 years after filing an
11application, the application shall be denied. The applicant
12may, however, make a new application for examination
13accompanied by the required fee and must furnish proof of
14meeting the qualifications for examination in effect at the
15time of the new application.
16    An applicant shall have 5 years from the passage of the
17first examination to successfully complete all examinations
18required by rule of the Department.
19    The Department may by rule prescribe additional subjects
20for examination.
21    An applicant has one year from the date of notification of
22successful completion of all the examination and experience
23requirements to apply to the Department for a license. If an
24applicant fails to apply within one year, the applicant shall
25be required to again take and pass the examination, unless the
26Department, upon recommendation of the Board, determines that



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1there is sufficient cause for the delay that is not due to the
2fault of the applicant.
3(Source: P.A. 96-610, eff. 8-24-09.)
4    (225 ILCS 305/14)  (from Ch. 111, par. 1314)
5    (Section scheduled to be repealed on January 1, 2020)
6    Sec. 14. Display of license; Seal. Every holder of a
7license as an a licensed architect shall display it in a
8conspicuous place in the principal office of the architect.
9    Every licensed architect shall have a reproducible seal, or
10facsimile, the print of which shall contain the name of the
11architect, the license number, and the words "Licensed
12Architect, State of Illinois". The licensed architect shall
13affix the signature, current date, date of license expiration
14and seal to the first sheet of any bound set or loose sheets of
15technical submissions utilized as contract documents between
16the parties to the contract or prepared for the review and
17approval of any governmental or public authority having
18jurisdiction by that licensed architect or under that licensed
19architect's responsible control. The sheet of technical
20submissions in which the seal is affixed shall indicate those
21documents or parts thereof for which the seal shall apply. The
22seal and dates may be electronically affixed. The licensee may
23provide, at his or her sole discretion, an original signature
24in the licensee's handwriting, a scanned copy of the document
25bearing an original signature, or a signature generated by a



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



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



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



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1years may have his license restored by making application to
2the Department and filing proof acceptable to the Department of
3his fitness to have his license restored, including sworn
4evidence certifying to active practice in another
5jurisdiction, and by paying the required restoration fee.
6    However, any person whose license has expired while he has
7been engaged (1) in federal service on active duty with the
8Army of the United States, the United States Navy, the Marine
9Corps, the Air Force, the Coast Guard, or the State Militia
10called into the service or training of the United States of
11America, or (2) in training or education under the supervision
12of the United States preliminary to induction into the military
13service, may have his license restored or reinstated without
14paying any lapsed renewal fees or restoration fee if within 2
15years after termination of such service, training or education
16other than by dishonorable discharge he furnishes the
17Department with an affidavit to the effect that he has been so
18engaged and that his service, training or education has been so
20(Source: P.A. 86-702.)
21    (225 ILCS 305/17)  (from Ch. 111, par. 1317)
22    (Section scheduled to be repealed on January 1, 2020)
23    Sec. 17. Inactive status; Restoration. Any licensed
24architect, who notifies the Department in writing on forms
25prescribed by the Department, may elect to place his or her



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1license on an inactive status and shall, subject to rules of
2the Department, be excused from payment of renewal fees until
3he or she notifies the Department in writing of his or her
4desire to resume active status.
5    Any licensed architect requesting restoration from
6inactive status shall be required to pay the current renewal
7fee and shall have his or her license restored as provided in
8Section 16 of this Act.
9    Any licensed architect whose license is in an inactive
10status shall not practice architecture in the State of
12(Source: P.A. 86-702.)
13    (225 ILCS 305/21)  (from Ch. 111, par. 1321)
14    (Section scheduled to be repealed on January 1, 2020)
15    Sec. 21. Professional design firm registration;
17    (a) Nothing in this Act shall prohibit the formation, under
18the provisions of the Professional Service Corporation Act, of
19a corporation to offer the practice of architecture.
20    Any business, including a Professional Service
21Corporation, that includes the practice of architecture within
22its stated purposes, practices architecture, or holds itself
23out as available to practice architecture shall register with
24the Department under this Section. Any professional service
25corporation, sole proprietorship, or professional design firm



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1offering architectural services must have a resident architect
2in responsible charge of the architectural practices in each
3location in which architectural services are provided who shall
4be designated as a managing agent.
5    Any sole proprietorship not owned and operated by an
6Illinois licensed design professional licensed under this Act
7is shall be prohibited from offering architectural services to
8the public. "Illinois licensed design professional" means a
9person who holds an active license as an architect under this
10Act, as a structural engineer under the Structural Engineering
11Practice Act of 1989, or as a professional engineer under the
12Professional Engineering Practice Act of 1989, or as a
13professional land surveyor under the Professional Land
14Surveyor Act of 1989. Any sole proprietorship owned and
15operated by an architect with an active license issued under
16this Act and conducting or transacting such business under an
17assumed name in accordance with the provisions of the Assumed
18Business Name Act shall comply with the registration
19requirements of a professional design firm. Any sole
20proprietorship owned and operated by an architect with an
21active license issued under this Act and conducting or
22transacting such business under the real name of the sole
23proprietor is exempt from the registration requirements of a
24professional design firm.
25    (b) Any corporation, including a Professional Service
26Corporation, partnership, limited liability company, or



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1professional design firm seeking to be registered under this
2Section shall not be registered unless:
3        (1) two-thirds of the board of directors, in the case
4    of a corporation, or two-thirds of the general partners, in
5    the case of a partnership, or two-thirds of the members, in
6    the case of a limited liability company, are licensed under
7    the laws of any State to practice architecture,
8    professional engineering, land surveying, or structural
9    engineering; and
10        (2) a managing agent is (A) a director in the case of a
11    corporation, a general partner in the case of a
12    partnership, or a member in the case of a limited liability
13    company, and (B) holds a license under this Act.
14    Any corporation, limited liability company, professional
15service corporation, or partnership qualifying under this
16Section and practicing in this State shall file with the
17Department any information concerning its officers, directors,
18members, managers, partners or beneficial owners as the
19Department may, by rule, require.
20    (c) No business shall offer the practice or hold itself out
21as available to offer the practice of architecture until it is
22registered with the Department as a professional design firm.
23Every entity registered as a professional design firm shall
24display its certificate of registration or a facsimile thereof
25in a conspicuous place in each office offering architectural



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1    (d) Any business seeking to be registered under this
2Section shall make application on a form provided by the
3Department and shall provide any information requested by the
4Department, which shall include but shall not be limited to all
5of the following:
6        (1) The name and architect's license number of at least
7    one person designated as a the managing agent. In the case
8    of a corporation, the corporation shall also submit a
9    certified copy of the resolution by the board of directors
10    designating at least one managing agent. If a limited
11    liability company, the company shall submit a certified
12    copy of either its articles of organization or operating
13    agreement designating at least one managing agent.
14        (2) The names and architect's, professional
15    engineer's, structural engineer's, or land surveyor's
16    license numbers of the directors, in the case of a
17    corporation, the members, in the case of a limited
18    liability company, or general partners, in the case of a
19    partnership.
20        (3) A list of all locations at which the professional
21    design firm provides architectural services.
22        (4) A list of all assumed names of the business.
23    Nothing in this Section shall be construed to exempt a
24    business from compliance with the requirements of the
25    Assumed Business Name Act.
26    It is the responsibility of the professional design firm to



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1provide the Department notice, in writing, of any changes in
2the information requested on the application.
3    (e) In the event a managing agent is terminated or
4terminates his or her status as managing agent of the
5professional design firm, the managing agent and professional
6design firm shall notify the Department of this fact in
7writing, by certified mail, within 10 business days of
9    Thereafter, the professional design firm, if it has so
10informed the Department, has 30 days in which to notify the
11Department of the name and architect's license number of the
12architect who is the newly designated managing agent. If a
13corporation, the corporation shall also submit a certified copy
14of a resolution by the board of directors designating the new
15managing agent. If a limited liability company, the company
16shall also submit a certified copy of either its articles of
17organization or operating agreement designating the new
18managing agent. The Department may, upon good cause shown,
19extend the original 30 day period.
20    If the professional design firm has not notified the
21Department in writing, by certified mail within the specified
22time, the registration shall be terminated without prior
23hearing. Notification of termination shall be sent by certified
24mail to the address of record. If the professional design firm
25continues to operate and offer architectural services after the
26termination, the Department may seek prosecution under



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1Sections 22, 36, and 36a of this Act for the unlicensed
2practice of architecture.
3    (f) No professional design firm shall be relieved of
4responsibility for the conduct or acts of its agents,
5employees, or officers by reason of its compliance with this
6Section, nor shall any individual practicing architecture be
7relieved of the responsibility for professional services
8performed by reason of the individual's employment or
9relationship with a professional design firm registered under
10this Section.
11    (g) Disciplinary action against a professional design firm
12registered under this Section shall be administered in the same
13manner and on the same grounds as disciplinary action against a
14licensed architect. All disciplinary action taken or pending
15against a corporation or partnership before the effective date
16of this amendatory Act of 1993 shall be continued or remain in
17effect without the Department filing separate actions.
18(Source: P.A. 96-610, eff. 8-24-09.)
19    (225 ILCS 305/23)  (from Ch. 111, par. 1323)
20    (Section scheduled to be repealed on January 1, 2020)
21    Sec. 23. Violations; Injunction; Cease and desist order.
22    (a) If any person or entity violates a provision of this
23Act, the Director may, in the name of the People of the State
24of Illinois, through the Attorney General of the State of
25Illinois, petition for an order enjoining such violation or for



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1an order enforcing compliance with this Act. Upon the filing of
2a verified petition in such court, the court may issue a
3temporary restraining order, without notice or bond, and may
4preliminarily and permanently enjoin such violation. If it is
5established that such person or entity has violated or is
6violating the injunction, the Court may punish the offender for
7contempt of court. Proceedings under this Section are in
8addition to, and not in lieu of, all other remedies and
9penalties provided by this Act.
10    (b) If any person or entity practices as an architect or
11holds himself out as an architect or professional design firm
12without being licensed or registered under the provisions of
13this Act, then any licensed architect, any interested party or
14any person injured thereby may, in addition to the Director,
15petition for relief as provided in subsection (a) of this
17    (c) Whenever in the opinion of the Department any person or
18entity violates any provision of this Act, the Department may
19issue a rule to show cause why an order to cease and desist
20should not be entered against him. The rule shall clearly set
21forth the grounds relied upon by the Department and shall
22provide a period of 7 days from the date of the rule to file an
23answer to the satisfaction of the Department. Failure to answer
24to the satisfaction of the Department shall cause an order to
25cease and desist to be issued immediately.
26(Source: P.A. 88-428.)



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1    (225 ILCS 305/36)  (from Ch. 111, par. 1336)
2    (Section scheduled to be repealed on January 1, 2020)
3    Sec. 36. Violations. Each of the following Acts constitutes
4a Class A misdemeanor for the first offense and a Class 4
5felony for a second or subsequent offense:
6        (a) the practice, attempt to practice or offer to
7    practice architecture, or the advertising or putting out of
8    any sign or card or other device which might indicate to
9    the public that the person is entitled to practice
10    architecture, without a license as an a licensed architect,
11    or registration as a professional design firm issued by the
12    Department. Each day of practicing architecture or
13    attempting to practice architecture, and each instance of
14    offering to practice architecture, without a license as an
15    a licensed architect or registration as a professional
16    design firm constitutes a separate offense;
17        (b) the making of any wilfully false oath or
18    affirmation in any matter or proceeding where an oath or
19    affirmation is required by this Act;
20        (c) the affixing of an a licensed architect's seal to
21    any technical submissions which have not been prepared by
22    that architect or under the architect's responsible
23    control;
24        (d) the violation of any provision of this Act or its
25    rules;



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1        (e) using or attempting to use an expired, inactive,
2    suspended, or revoked license, or the certificate or seal
3    of another, or impersonating another licensee;
4        (f) obtaining or attempting to obtain a license or
5    registration by fraud; or
6        (g) If any person, sole proprietorship, professional
7    service corporation, limited liability company,
8    corporation or partnership, or other entity practices
9    architecture or advertises or displays any sign or card or
10    other device that might indicate to the public that the
11    person or entity is entitled to practice as an architect or
12    use the title "architect" or any of its derivations unless
13    the person or other entity holds an active license as an
14    architect or registration as a professional design firm in
15    the State; then, in addition to any other penalty provided
16    by law any person or other entity who violates this
17    subsection (g) shall forfeit and pay to the Design
18    Professionals Administration and Investigation Fund a
19    civil penalty in an amount determined by the Department of
20    not more than $10,000 for each offense.
21    An unlicensed person who has completed the education
22requirements, is actively participating in the diversified
23professional training, and maintains in good standing a
24training record as required for licensure by this Act may use
25the title "architectural intern", but may not independently
26engage in the practice of architecture.



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1(Source: P.A. 96-610, eff. 8-24-09.)
2    (225 ILCS 305/37.5 new)
3    Sec. 37.5. Confidentiality. All information collected by
4the Department in the course of an examination or investigation
5of a licensee or applicant, including, but not limited to, any
6complaint against a licensee filed with the Department and
7information collected to investigate any such complaint, shall
8be maintained for the confidential use of the Department and
9shall not be disclosed. The Department may not disclose the
10information to anyone other than law enforcement officials,
11other regulatory agencies that have an appropriate regulatory
12interest as determined by the Secretary, or a party presenting
13a lawful subpoena to the Department. Information and documents
14disclosed to a federal, State, county, or local law enforcement
15agency shall not be disclosed by the agency for any purpose to
16any other agency or person. A formal complaint filed against a
17licensee by the Department or any order issued by the
18Department against a licensee or applicant shall be a public
19record, except as otherwise prohibited by law.
20    Section 99. Effective date. This Act takes effect upon
21becoming law.".