Full Text of SB1270 99th General Assembly
SB1270sam001 99TH GENERAL ASSEMBLY | Sen. Kimberly A. Lightford Filed: 4/16/2015
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| 1 | | AMENDMENT TO SENATE BILL 1270
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1270 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the | 5 | | Licensed Interior Design Practitioner Act. | 6 | | Section 5. Declaration of public policy. The practice of
| 7 | | licensed interior design, as limited by and defined in this | 8 | | Act, in the State of
Illinois is hereby declared to affect the | 9 | | public health,
safety, and welfare and to be subject to | 10 | | regulation and control
in the public interest. It is further | 11 | | declared to be a matter
of public interest and concern that the | 12 | | practice of licensed interior
design merit and receive the
| 13 | | confidence of the public and that only qualified persons be
| 14 | | authorized to practice licensed interior design in the State of
| 15 | | Illinois. Nothing in this Act shall be construed as limiting or | 16 | | restricting the use by any individual or entity of the terms |
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| 1 | | "interior designer", "registered interior designer", or | 2 | | "interior decorator". This Act shall be liberally construed to | 3 | | best carry
out these subjects and purposes. | 4 | | Section 10. Licensed interior design practitioner defined; | 5 | | acts constituting practice. | 6 | | (a) A licensed interior design practitioner is a person who | 7 | | is qualified by education, training, experience, and | 8 | | examination and who is licensed under the laws of this State to | 9 | | engage in the practice of licensed interior design. | 10 | | (b) The practice of licensed interior design within the | 11 | | meaning and intent of this Act is limited solely to the | 12 | | practice of licensed interior design as defined in Section 5 of | 13 | | this Act. | 14 | | (c) Nothing contained in this Section imposes upon a person | 15 | | licensed under this Act the responsibility to perform any of | 16 | | the services described in subsection (b) of this Section unless | 17 | | such person specifically contracts to provide the services.
| 18 | | Section 15. Application of Act. Nothing in this Act shall | 19 | | be deemed or construed to prevent the practice of structural | 20 | | engineering as defined in the Structural Engineering Practice | 21 | | Act of 1989, the practice of architecture as defined in the
| 22 | | Illinois Architecture Practice Act of 1989, the practice of | 23 | | professional engineering as defined in the Professional | 24 | | Engineering Practice Act of 1989, or the practice of land |
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| 1 | | surveying as defined in the Illinois Professional Land Surveyor | 2 | | Act of 1989. | 3 | | Nothing contained in this Act prevents (i) the draftsmen, | 4 | | students, project representatives, and employees of those | 5 | | lawfully practicing as licensed interior design practitioners | 6 | | under the provisions of this Act from acting under the direct | 7 | | supervision and control of their employers, (ii) the employment | 8 | | of project representatives for modification, enlargement, or | 9 | | alteration of the interior space of buildings or any parts | 10 | | thereof, as allowed under this Act, or (iii) project | 11 | | representatives from acting under the direct supervision and | 12 | | control of the licensed interior design practitioner by whom | 13 | | the technical submissions (including drawings and | 14 | | specifications of any interior space of a building, | 15 | | modification, or alteration thereof) were prepared. | 16 | | Nothing in this Act or any other Act prevents an architect | 17 | | licensed under the Illinois Architecture Practice Act of 1989 | 18 | | from practicing or providing licensed interior design | 19 | | services. | 20 | | Nothing in this Act shall be construed as requiring the | 21 | | services of a licensed interior design practitioner for the | 22 | | interior designing of any single-family residence. | 23 | | Nothing in this Act shall require the use of a licensed | 24 | | interior design practitioner if the federal, State, and local | 25 | | codes do not require the use of a licensed architect. | 26 | | This Act does not apply to: |
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| 1 | | (1) the building, remodeling, or repairing of any
| 2 | | building or other structure outside of the corporate limits | 3 | | of any city or village, where the building or structure is | 4 | | to be or is used for residential or farm purposes or for | 5 | | the purposes of outbuildings or auxiliary buildings in | 6 | | connection with the residential or farm premises; | 7 | | (2)
the interior design of any single-family | 8 | | residence, whether that single-family residence is a | 9 | | detached residence on a single lot or a single-family | 10 | | residence included in any multi-family unit building; or | 11 | | (3) any person or entity, including any person or | 12 | | entity providing assistance to any realtor in staging or | 13 | | presenting any property for sale or lease, who prepares | 14 | | drawings limited to depicting the layout of furnishings | 15 | | used in interior design or provides assistance in the | 16 | | selection of furnishings used in interior design, | 17 | | including without limitation the following, provided the | 18 | | preparation or implementation of those drawings or the | 19 | | installation of those materials or furnishings is not | 20 | | regulated by any building code or other law, ordinance, | 21 | | rule, or regulation governing the alteration or | 22 | | construction of a structure: | 23 | | (A) decorative accessories; | 24 | | (B) wallpaper, wall coverings, and paint; | 25 | | (C) tile, carpeting, or floor coverings; | 26 | | (D) draperies, blinds, or window coverings; |
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| 1 | | (E) lighting fixtures that are not part of the | 2 | | structure; | 3 | | (F) plumbing fixtures that are not part of the | 4 | | structure; or | 5 | | (G) furniture, fixtures, or equipment, including | 6 | | cabinetry. | 7 | | However, when an ordinance or statute of a unit of federal, | 8 | | State, or local government requires the involvement of a | 9 | | licensed interior design practitioner for the interior design | 10 | | of any building included in items (1) through (3) of this | 11 | | paragraph, the requirements of this Act shall apply.
| 12 | | Section 20. Definitions. In this Act: | 13 | | "Address of record" means the designated address recorded | 14 | | by the Department in the applicant's or licensee's application | 15 | | file or license file maintained by the Department's licensure | 16 | | maintenance unit. It is the duty of the applicant or licensee | 17 | | to inform the Department of any change of address, and such | 18 | | changes must be made either through the Department's website or | 19 | | by directly contacting the Department. | 20 | | "Board" means the Licensed Interior Design Practice Board. | 21 | | "Interior life safety", as it pertains to the practice of | 22 | | licensed interior design, means the analysis, development, | 23 | | interpretation, and review of space plans, interior | 24 | | construction components, and the aggregate employment of such | 25 | | components to constitute an assembly, materials, finishes, and |
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| 1 | | furniture or fixtures and equipment selections for compliance | 2 | | with regulatory building code provisions as they specifically | 3 | | relate to the practice of licensed interior design. | 4 | | "Licensed design professional" means a person who holds an | 5 | | active license as a licensed interior design practitioner under | 6 | | this Act, as an architect under the Illinois Architecture | 7 | | Practice Act of 1989, as a structural engineer under the | 8 | | Structural Engineering Practice Act of 1989, as a professional | 9 | | engineer under the Professional Engineering Practice Act of | 10 | | 1989, or as a land surveyor under the Illinois Professional | 11 | | Land Surveyor Act of 1989. | 12 | | "Load-bearing structural element" means a foundation, | 13 | | column, girder, truss, wall, arch, or beam in which safe design | 14 | | and construction require that loads and stresses must be | 15 | | computed and the size and strength of parts must be determined | 16 | | by mathematical calculations based upon scientific principles | 17 | | and engineering data. | 18 | | "Practice of licensed interior design" means the rendering | 19 | | of or
the offering to render designs, consultations, studies,
| 20 | | planning, drawings, specifications, contract documents, or
| 21 | | other technical submissions and the administration of interior
| 22 | | construction and contracts relating to interior
construction | 23 | | and interior life safety not involving load-bearing structural | 24 | | elements of a building by a licensed interior design | 25 | | practitioner. "Practice of licensed interior design" includes: | 26 | | (1) space planning, finishes, furnishings, and the
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| 1 | | design for fabrication of interior
construction not | 2 | | involving load-bearing structural elements within interior | 3 | | spaces of buildings; | 4 | | (2) responsibility for design of proposed,
or | 5 | | modification of existing, nonstructural and
non-engineered | 6 | | elements of construction, such as
partitions, doors, | 7 | | stairways, and paths of egress
connecting to exits or exit | 8 | | ways, but specifically excluding load-bearing structural | 9 | | elements; and | 10 | | (3) modification of existing building construction not | 11 | | involving load-bearing structural elements so
as to alter | 12 | | the number of persons for which the egress
systems for the | 13 | | building are designed. | 14 | | "Secretary" means the Secretary of Financial and | 15 | | Professional Regulation. | 16 | | Section 25. Technical submissions. All technical | 17 | | submissions intended for use in construction in the State of | 18 | | Illinois within the scope of the practice of licensed interior | 19 | | design shall be prepared and administered in accordance with | 20 | | standards of reasonable professional skill and diligence. Care | 21 | | shall be taken to reflect the requirements of applicable | 22 | | federal and State statutes and county and municipal building | 23 | | ordinances in such submissions. In recognition that licensed | 24 | | interior design practitioners are licensed for the protection | 25 | | of the public health, safety, and welfare, submissions shall be |
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| 1 | | of such quality and scope, and be so administered, as to | 2 | | conform to professional standards. Technical submissions are | 3 | | the designs, drawings, and specifications that establish the | 4 | | scope of the licensed interior design project to be | 5 | | constructed, the standard of quality for materials, | 6 | | workmanship, equipment, and construction systems, and the | 7 | | studies and other technical reports and calculations prepared | 8 | | in the course of the practice of licensed interior design. Such | 9 | | submissions may be combined with submissions prepared under the | 10 | | responsible control, seal, and signature of other licensed | 11 | | design professionals.
| 12 | | No officer, board, commission, or other public entity who | 13 | | receives technical submissions relating to services requiring | 14 | | the involvement of a licensed interior design practitioner may | 15 | | accept any such submission that does not bear the seal and | 16 | | signature of a licensed interior design practitioner licensed | 17 | | under this Act. | 18 | | It is unlawful to affix one's seal to technical submissions | 19 | | if it masks the true identity of the person who actually | 20 | | exercised responsible control of the preparation of such work. | 21 | | A licensed interior design practitioner who seals and signs | 22 | | technical submissions is not responsible for damage caused by | 23 | | subsequent changes to or uses of those technical submissions | 24 | | where the subsequent changes or uses, including changes or uses | 25 | | made by federal, State, or local governmental agencies, are not | 26 | | authorized or approved in writing by the licensed interior |
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| 1 | | design practitioner who originally sealed and signed the | 2 | | technical submissions. | 3 | | Section 30. Powers and duties of the Department. Subject to | 4 | | the other provisions of this Act, the Department shall exercise | 5 | | the following functions, powers, and duties: | 6 | | (1) to conduct examinations to ascertain the | 7 | | qualifications and fitness of applicants for licensure as | 8 | | licensed interior design practitioners and pass upon the | 9 | | qualifications and fitness of applicants for licensure by | 10 | | endorsement; | 11 | | (2) to adopt rules for a method of examination of | 12 | | candidates; | 13 | | (3) to adopt rules defining what constitutes a school, | 14 | | college, university (or department of a university), or | 15 | | other institution that is reputable and in good standing; | 16 | | to determine whether or not a school, college, university | 17 | | (or department of a university), or other institution is | 18 | | reputable and in good standing by reference to compliance | 19 | | with the rules; and to terminate the approval of a school, | 20 | | college, university (or department of a university), or | 21 | | other institution that refuses admittance to applicants | 22 | | solely on the basis of race, color, creed, sex, national | 23 | | origin, or sexual orientation; the Department may adopt, as | 24 | | its own rules relating to education requirements, those | 25 | | guidelines that may be published from time to time by the |
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| 1 | | Council for Interior Design Accreditation (CIDA) or its | 2 | | successor entity; | 3 | | (4) to adopt rules for diversified professional | 4 | | training; | 5 | | (5) to conduct oral interviews, disciplinary | 6 | | conferences, and formal evidentiary hearings relating to | 7 | | proceedings to reprimand or impose fines on a licensee or | 8 | | to suspend, revoke, place on probationary status, or refuse | 9 | | to issue or restore a license issued under this Act for any | 10 | | of the reasons set forth in Section 105 of this Act; | 11 | | (6) to issue licenses to persons who meet the | 12 | | requirements of this Act; | 13 | | (7) to adopt rules necessary or appropriate to carry | 14 | | out the provisions of this Act; and | 15 | | (8) to review applicant qualifications to sit for the | 16 | | examination or for licensure that the Board designates | 17 | | pursuant to Section 55.
| 18 | | Section 35. Creation of the Board. The Secretary shall | 19 | | appoint a Licensed Interior Design Practice Board that shall | 20 | | consist of 5 members. Four members shall be licensed or, with | 21 | | respect to the initial appointments under this Section, be | 22 | | qualified to be licensed as licensed interior design | 23 | | practitioners, residing in this State, who have been engaged in | 24 | | the practice of licensed interior design for at least 5 years. | 25 | | In addition to the 4 licensed interior design practitioners, |
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| 1 | | there shall be one public member. The public member shall be a | 2 | | voting member. | 3 | | For the purposes of this Section, "public member" means a | 4 | | person who is not a licensed interior design practitioner, | 5 | | educator in the field, architect, structural engineer, | 6 | | professional engineer, or land surveyor. For the purposes of | 7 | | Board membership, any person with a significant financial | 8 | | interest in a design profession may not be a public member. | 9 | | Board members shall serve for terms of 3 years and until | 10 | | their successors are appointed and have qualified. For the | 11 | | initial appointments made under this Act, however, 2 members | 12 | | shall be appointed to serve for a period of one year, 2 members | 13 | | shall be appointed to serve for a period of 3 years, and the | 14 | | public member shall be appointed for a period of 5 years. In | 15 | | appointing persons to the Board, the Secretary shall give due | 16 | | consideration to recommendations by members and organizations | 17 | | of the profession. | 18 | | The membership of the Board should reasonably reflect | 19 | | representation from the geographic areas in this State. | 20 | | No member shall be reappointed to the Board for a term that | 21 | | would cause his or her continuous service on the Board to be | 22 | | longer than 6 successive years. Service on any board prior to
| 23 | | the effective date of this Act does not apply to this limit. | 24 | | In making appointments to the Board, the Secretary shall | 25 | | give due consideration to recommendations by national and State | 26 | | organizations of the interior design profession and shall |
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| 1 | | promptly give due notice to those organizations of any vacancy. | 2 | | A vacancy in the membership of the Board does not impair | 3 | | the right of a quorum to exercise all the rights and perform | 4 | | all the duties of the Board. | 5 | | The members of the Board shall each receive as compensation | 6 | | a reasonable sum as determined by the Secretary for each day | 7 | | actually engaged in the duties of the office, and all | 8 | | legitimate and necessary expenses incurred in attending | 9 | | meetings of the Board. | 10 | | Appointments to fill vacancies shall be made in the same | 11 | | manner as original appointments and shall be for the unexpired | 12 | | portion of the vacated term. | 13 | | Three members shall constitute a quorum of Board members. | 14 | | The chairman may vote on matters to come before the Board only | 15 | | in the case of a tie vote.
| 16 | | The Secretary may terminate the appointment of any member | 17 | | for cause that in the opinion of the Secretary reasonably | 18 | | justifies such termination. | 19 | | Notice of proposed rulemaking shall be transmitted to the | 20 | | Board, and the Department shall review the response of the | 21 | | Board and any recommendations made in the response. The | 22 | | Department may, at any time, seek the expert advice and | 23 | | knowledge of the Board on any matter relating to the | 24 | | administration or enforcement of this Act. | 25 | | Members of the Board shall be immune from suit in any | 26 | | action based upon any disciplinary proceedings or other |
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| 1 | | activities performed in good faith as members of the Board. | 2 | | Section 40. Powers and duties of the Board. | 3 | | (a) The Board shall hold at least 3 regular meetings each
| 4 | | year. | 5 | | (b) The Board shall annually elect a chairman, who shall be
| 6 | | a licensed interior design practitioner. | 7 | | (c) The Board, upon request by the Department, may make a
| 8 | | curriculum evaluation to determine if courses conform to the
| 9 | | requirements of approved design programs. | 10 | | (d) The Board shall assist the Department in conducting
| 11 | | oral interviews, disciplinary conferences, and formal
| 12 | | evidentiary hearings. | 13 | | (e) The Department may, at any time, seek the expert advice
| 14 | | and knowledge of the Board on any matter relating to the
| 15 | | enforcement of this Act. | 16 | | (f) The Board may appoint a subcommittee to serve as a
| 17 | | Complaint Committee to recommend the disposition of case files
| 18 | | according to the procedures established by rule. | 19 | | (g) The Board shall review applicant qualifications to sit
| 20 | | for the examination or for licensure and shall make
| 21 | | recommendations to the Department. The Department shall review
| 22 | | the Board's recommendations on applicant qualifications. The
| 23 | | Secretary shall notify the Board in writing with an explanation
| 24 | | of any deviation from the Board's recommendation on applicant
| 25 | | qualifications. After review of the Secretary's written
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| 1 | | explanation of his or her reasons for deviation, the Board
| 2 | | shall have the opportunity to comment upon the Secretary's
| 3 | | decision. | 4 | | Section 45. Application for original license. | 5 | | (a) Each applicant for license shall apply to the
| 6 | | Department in writing on a form provided by the Department.
| 7 | | Except as otherwise provided in this Act, each applicant shall
| 8 | | take and pass an examination approved by the Department. The
| 9 | | Board may adopt substantially all or part of the examination
| 10 | | and grading procedures of the National Council for Interior
| 11 | | Design Qualification or its successor entity. Prior to | 12 | | licensure,
the applicant shall provide substantial evidence to | 13 | | the Board
that the applicant: | 14 | | (1) is a graduate of a 5-year interior design program
| 15 | | from an accredited institution and has completed at least | 16 | | one
year of full-time diversified interior design | 17 | | experience; | 18 | | (2) is a graduate of a 4-year interior design program
| 19 | | from an accredited institution and has completed at least 2
| 20 | | years of full-time diversified interior design experience; | 21 | | or | 22 | | (3) is a holder of a master's degree or its equivalent | 23 | | awarded upon completion of an interior design program from | 24 | | an accredited institution and has completed one year of | 25 | | full-time diversified interior design experience. |
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| 1 | | (b) In addition to providing evidence of meeting the | 2 | | requirements of subsection (a), each applicant shall provide
| 3 | | substantial evidence that he or she has successfully completed
| 4 | | the examination administered by the governing entity known as | 5 | | the
Council for Interior Design Qualification or its successor | 6 | | entity.
Examinations for applicants under this Act may be held | 7 | | at the
direction of the Department from time to time but not | 8 | | less than
once each year. The scope and form of the examination | 9 | | shall
conform to the National Council for Interior Design
| 10 | | Qualification examination or the examination administered as | 11 | | that examination's successor, as recognized and determined by
| 12 | | the Department. | 13 | | Each applicant for licensure who possesses the necessary
| 14 | | qualifications shall pay to the Department the required license
| 15 | | fee, which is not refundable. | 16 | | An individual applying for licensure shall have 3 years
| 17 | | after the date of application to complete the application
| 18 | | process. If the process has not been completed in 3 years, the
| 19 | | application shall be denied and the fee forfeited. The
| 20 | | applicant may reapply, but shall meet the requirements in
| 21 | | effect at the time of reapplication. | 22 | | (c) An architect licensed under the Illinois Architecture
| 23 | | Practice Act of 1989 may,
without examination, be granted a | 24 | | license to provide services
as a licensed interior design | 25 | | practitioner upon submission to the Department of
proof of his | 26 | | or her licensure as an architect and payment of
the required |
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| 1 | | fee, which shall be determined by the Department
by rule. | 2 | | (d) All currently active registered interior designers who | 3 | | are registered under the Interior Design Title Act and who have | 4 | | met the qualifications for licensure set forth in this Act may | 5 | | be granted a license to provide services as a licensed interior | 6 | | design practitioner, as described in this Act and as determined | 7 | | by the Department.
| 8 | | Section 50. Social Security number on license application. | 9 | | In addition to any other information required to be contained
| 10 | | in the application, every application for an original, renewal,
| 11 | | or restored license under this Act shall include the
| 12 | | applicant's Social Security number. | 13 | | Section 55. Qualifications of applicants. A person who is
| 14 | | of good moral character and is a citizen of the United States
| 15 | | or any of its territories or a lawfully admitted alien may take
| 16 | | an examination for licensure if he or she is a graduate of a
| 17 | | program deemed satisfactory by the Department and has completed
| 18 | | diversified professional training, including academic
| 19 | | training, as required by Section 45 and the rules of the | 20 | | Department. The
Department may adopt, as its own rules relating | 21 | | to diversified
professional training, those guidelines that | 22 | | may be published
from time to time by the Council for Interior | 23 | | Design
Qualification or its successor entity. | 24 | | As used in this Section, "good moral character" means such |
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| 1 | | character as will enable
a person to discharge the fiduciary | 2 | | duties of a
licensed interior design practitioner to that | 3 | | person's clients and to the public in a manner
that protects | 4 | | health, safety, and welfare. Evidence of
inability to discharge | 5 | | those duties may include the commission
of an offense | 6 | | justifying discipline under Section 105 of this Act. In
| 7 | | addition, the Department may take into consideration any felony
| 8 | | conviction of the applicant, but such a conviction shall not
| 9 | | operate as an absolute bar to qualification for examination for
| 10 | | licensure.
| 11 | | Section 60. Display of license seal. Every holder of a
| 12 | | license as a licensed interior design practitioner shall | 13 | | display it in a
conspicuous place in the principal office of | 14 | | the licensed interior design practitioner. | 15 | | Every licensed interior design practitioner shall have a | 16 | | reproducible
seal, or facsimile, the print of which shall | 17 | | contain the name
of the licensed interior design practitioner, | 18 | | the license number, and the words
"Licensed Interior Design | 19 | | Practitioner, State of Illinois". The licensed interior
design | 20 | | practitioner shall affix the signature, current date, date
of | 21 | | license expiration, and seal to the first sheet of any bound
| 22 | | set or loose sheets of technical submissions utilized
as | 23 | | contract documents or prepared for the review and approval
of | 24 | | any governmental or public authority having jurisdiction by
| 25 | | that licensed interior design practitioner or under that |
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| 1 | | licensed interior design practitioner's
direct supervision and | 2 | | control. The sheet of
technical submissions to which the seal | 3 | | is affixed
shall indicate those documents or parts thereof to | 4 | | which the
seal applies. A licensed interior design practitioner | 5 | | shall be deemed to be a registered or licensed design | 6 | | professional as that term is used or defined in any building | 7 | | code or regulation adopted by any governmental or public | 8 | | authority. | 9 | | For the purposes of this Section, "direct supervision and
| 10 | | control" means that the licensed interior design practitioner | 11 | | has exerted
sufficient personal supervision, control, and | 12 | | review of the
activities of those employed to perform licensed | 13 | | design work to
ensure that the technical submissions produced | 14 | | by those so
employed and sealed by the licensed interior design | 15 | | practitioner meet the standards
of reasonable professional | 16 | | skill and diligence and are of no
lesser quality than if they | 17 | | had been produced personally by the
licensed interior design | 18 | | practitioner. The licensed interior design practitioner is | 19 | | obligated to have
detailed professional knowledge of the | 20 | | technical submissions
the licensed interior design | 21 | | practitioner seals and to have exercised professional
judgment | 22 | | in all licensed design matters embodied in those
technical | 23 | | submissions. Merely reviewing the technical submissions | 24 | | produced by others, even if they are
licensed, shall not | 25 | | constitute direct supervision and
control by the licensed | 26 | | interior design practitioner unless the licensed interior |
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| 1 | | design practitioner
has actually exercised supervision and | 2 | | control over the
preparation of the technical submissions. | 3 | | Section 65. Issuance of license. If an applicant has | 4 | | complied with the provisions of
this Act, the Department shall | 5 | | issue a
license to that applicant. | 6 | | Section 70. Licenses; renewal; restoration; reciprocity;
| 7 | | military service. The expiration date and renewal
period for | 8 | | each license issued under this Act shall be set by
rule. The | 9 | | holder of a license may renew the license during the
month | 10 | | preceding the expiration date of the license by paying the
| 11 | | required fee. A licensed interior design practitioner who has | 12 | | permitted
his or her license to expire or who has had his or | 13 | | her license
placed on inactive status may have his or her | 14 | | license restored by
making application to the Department and | 15 | | filing proof
acceptable to the Department of his or her fitness | 16 | | to have his
or her license restored, including sworn evidence | 17 | | certifying to
active practice in another jurisdiction | 18 | | satisfactory to the
Department, and by paying the required | 19 | | restoration fee. | 20 | | If the person has not maintained an active practice in
| 21 | | another jurisdiction satisfactory to the Department, the Board
| 22 | | shall determine, by an evaluation program established by rule,
| 23 | | that person's fitness to resume active status and may require
| 24 | | that person to successfully complete an examination. |
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| 1 | | Any person whose license has been expired for more than 3
| 2 | | years may have his or her license restored by making
| 3 | | application to the Department and filing proof acceptable to
| 4 | | the Department of his or her fitness to have his or her license
| 5 | | restored, including sworn evidence certifying to active
| 6 | | practice in another jurisdiction, and by paying the required
| 7 | | restoration fee. | 8 | | However, any person whose license has expired while he or
| 9 | | she has been engaged (i) in federal service on active duty with
| 10 | | the United States Army, Navy, Marine Corps, Air Force, or Coast
| 11 | | Guard or the State Militia called into the service or training
| 12 | | of the United States of America or (ii) in training or
| 13 | | education under the supervision of the United States
| 14 | | preliminary to induction into military service, may have
his or | 15 | | her license restored or reinstated without paying any
lapsed | 16 | | renewal fees or restoration fee if within 2 years after
| 17 | | termination of the service, training, or education other than | 18 | | by
dishonorable discharge he or she furnishes the Department | 19 | | with
an affidavit to the effect that he or she has been so | 20 | | engaged
and that his or her service, training, or education has | 21 | | been so
terminated. | 22 | | Section 75. Inactive status; restoration. Any
licensed | 23 | | interior design practitioner who notifies the Department in | 24 | | writing, on
forms prescribed by the Department, may elect to | 25 | | place his or
her license on an inactive status and shall, |
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| 1 | | subject to rules
of the Department, be excused from payment of | 2 | | renewal fees
until he or she notifies the Department in writing | 3 | | of his or
her desire to resume active status. | 4 | | A licensed interior design practitioner requesting | 5 | | restoration from
inactive status shall be required to pay the | 6 | | current renewal
fee and shall have his or her license restored | 7 | | as provided in
Section 150 of this Act. | 8 | | A licensed interior design practitioner whose license is in | 9 | | an
inactive status shall not practice licensed interior design | 10 | | in this
State.
| 11 | | Section 80. Endorsement. The Department may, in its
| 12 | | discretion and upon payment of the required fee, issue a | 13 | | license as a licensed interior design practitioner, without | 14 | | examination, to an applicant who is a
licensed design | 15 | | practitioner or licensed under the laws of another state or
| 16 | | territory, if the requirements for licensure or license in that | 17 | | state or
territory were, on the date of his or her license,
| 18 | | substantially equivalent to the requirements in force in this
| 19 | | State on that date as determined by the Board. | 20 | | Applicants have 3 years after the date of application to
| 21 | | complete the application process. If the process has not been
| 22 | | completed within the 3 years, the application shall be denied,
| 23 | | the fee shall be forfeited, and the applicant must reapply and
| 24 | | meet the requirements in effect at the time of reapplication. |
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| 1 | | Section 85. Fees. | 2 | | (a) The Department shall provide by rule for a schedule of | 3 | | fees to be paid for licenses by all applicants. All fees are | 4 | | not refundable. | 5 | | (b) The fees for the administration and enforcement of this | 6 | | Act, including, but not limited to, original licensure, | 7 | | renewal, and restoration, shall be set by rule of the | 8 | | Department. | 9 | | (c) All the fees and fines collected pursuant to this | 10 | | Section shall be deposited in the Design Professionals | 11 | | Administration and Investigation Fund. Of the moneys deposited | 12 | | into the Design Professionals Administration and Investigation | 13 | | Fund, the Department may use such funds as necessary and | 14 | | available to produce and distribute newsletters to persons | 15 | | licensed under this Act. | 16 | | Section 90. Roster of licensees. A roster
showing the | 17 | | names and addresses of all licensed interior design | 18 | | practitioners,
licensed interior design practitioner | 19 | | corporations and partnerships, and
professional licensed | 20 | | design firms licensed under this Act
shall be prepared by the | 21 | | Department each year. This roster
shall be available upon | 22 | | written request and payment of the
required fee. | 23 | | Section 95. Continuing education. The Department shall | 24 | | adopt rules establishing continuing education requirements for |
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| 1 | | persons licensed under this Act. The Department shall consider | 2 | | the recommendations of the Board in establishing the guidelines | 3 | | for the continuing education requirements. The requirements of | 4 | | this Section apply to any person seeking license renewal or | 5 | | restoration under Section 70 or 75 of this Act. | 6 | | Section 100. Professional licensed design firm license;
| 7 | | conditions. | 8 | | (a) Nothing in this Act prohibits the formation, under the
| 9 | | provisions of the Professional Service Corporation Act, of a
| 10 | | corporation to practice licensed interior design. | 11 | | (b) Any business
that includes the practice of licensed | 12 | | interior design within its
stated purposes, practices, offers | 13 | | to practice, or holds itself out as available
to practice | 14 | | licensed interior design shall be licensed by the Department
| 15 | | under this Section. Any professional service corporation, sole
| 16 | | proprietorship, or professional licensed design firm offering | 17 | | licensed interior
design services must have a resident licensed | 18 | | interior design practitioner or other
Illinois licensed design | 19 | | professional overseeing the practice of licensed interior | 20 | | design in each location in which interior design
services are | 21 | | provided. | 22 | | Any sole proprietorship not owned and operated by a | 23 | | licensed interior design practitioner
shall be prohibited from | 24 | | offering licensed design services under this Act to
the public. | 25 | | Any sole proprietorship owned and operated by a
licensed |
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| 1 | | interior design practitioner with an active license issued | 2 | | under this Act
is exempt from the license requirements of a | 3 | | professional licensed
design firm. | 4 | | (c) Any corporation, including a professional service | 5 | | corporation, partnership, limited liability company, or | 6 | | professional licensed design
firm seeking to be licensed under | 7 | | this Section shall not be
licensed unless: | 8 | | (1) two-thirds of the board of directors (in the case
| 9 | | of a corporation), general partners (in the case of a
| 10 | | partnership), or members (in the case of a limited
| 11 | | liability company) are registered, certified, or licensed | 12 | | under the laws of any state
to practice licensed interior | 13 | | design, architecture, professional
engineering, structural | 14 | | engineering, or land surveying; and | 15 | | (2) the person having the licensed design practice in
| 16 | | this State in his or her charge is (i) a director (in the
| 17 | | case of a corporation), general partner (in the case of a
| 18 | | partnership), or member (in the case of a limited liability
| 19 | | company) and (ii) holds a license under this Act. | 20 | | A corporation, limited liability company, professional
| 21 | | service corporation, or partnership qualifying under this
| 22 | | Section and practicing in this State shall file with the
| 23 | | Department all information concerning its officers, directors,
| 24 | | members, managers, or partners that the
Department may, by | 25 | | rule, require. | 26 | | (d) A business seeking to be licensed under this Section
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| 1 | | shall make application on a form provided by the Department and
| 2 | | shall provide all information requested by the Department,
| 3 | | including, but not limited to, all of the following: | 4 | | (1) The name and license number of
at least one person | 5 | | designated as the managing agent in
responsible charge of | 6 | | the practice of the profession of licensed interior design | 7 | | in
Illinois. In the case of a corporation, the corporation
| 8 | | shall also submit a certified copy of the resolution by the
| 9 | | board of directors designating at least one managing agent.
| 10 | | If the business is a limited liability company, the company
| 11 | | shall submit a certified copy of either its articles of
| 12 | | organization or its operating agreement, whichever
| 13 | | designates the managing agent. | 14 | | (2) The names and license numbers of the licensed | 15 | | interior design practitioners, professional engineers, | 16 | | architects,
structural engineers, and land surveyors among | 17 | | the directors (in the case of a
corporation), members (in | 18 | | the case of a limited liability
company), or general | 19 | | partners (in the case of a
partnership). | 20 | | (3) A list of all locations at which the professional
| 21 | | licensed design firm provides licensed interior design | 22 | | services. | 23 | | (4) A list of all assumed names of the business. | 24 | | Nothing in this Section shall be construed to exempt a
| 25 | | business from compliance with the requirements of the
Assumed | 26 | | Business Name Act.
It is the responsibility of the professional |
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| 1 | | licensed design firm to
provide the Department notice in | 2 | | writing of any changes in the
information requested on the | 3 | | application.
| 4 | | (e) If a managing agent terminates his or her status as a
| 5 | | managing agent of the professional licensed design firm or is
| 6 | | terminated, then the managing agent and the professional | 7 | | licensed design firm
shall each notify the Department of this | 8 | | fact in writing, by
certified mail, within 30 business days | 9 | | after the termination. | 10 | | If it has so notified the Department, the professional | 11 | | licensed
design firm has 60 days after the termination date in | 12 | | which to
notify the Department of the name and license number | 13 | | of the
licensed interior design practitioner who is the newly | 14 | | designated managing agent. A
corporation shall also submit a | 15 | | certified copy of a resolution
by the board of directors | 16 | | designating the new managing agent. A
limited liability company | 17 | | shall also submit a certified copy of
either its articles of | 18 | | organization or its operating agreement,
whichever designates | 19 | | the new managing agent. The Department
may, upon good cause | 20 | | shown, extend the original 30-day period. | 21 | | If the professional licensed design firm has not so | 22 | | notified the
Department within the specified time, the license | 23 | | shall be
terminated without prior hearing. Notification of | 24 | | termination
shall be sent by certified mail to the last known | 25 | | address of
the business. If the professional licensed design | 26 | | firm continues to
operate and offer licensed interior design |
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| 1 | | services after the
termination, the Department may seek | 2 | | prosecution under
this Act for the unlicensed
practice of | 3 | | licensed interior design. | 4 | | (f) No professional licensed design firm shall be relieved | 5 | | of
responsibility for the conduct or acts of its agents,
| 6 | | employees, or officers by reason of its compliance with this
| 7 | | Section, nor shall any individual engaged in the practice of | 8 | | licensed interior design be
relieved of the responsibility for | 9 | | professional services
performed by reason of the individual's | 10 | | employment or
relationship with a professional licensed design | 11 | | firm licensed under
this Section. | 12 | | (g) Disciplinary action against a professional licensed | 13 | | design firm
licensed under this Section shall be administered | 14 | | in the same
manner and on the same grounds as disciplinary | 15 | | action against a
licensed interior design practitioner. | 16 | | Section 105. Refusal, suspension, and revocation of
| 17 | | licenses; causes.
| 18 | | (a) The Department may refuse to issue, renew, or restore,
| 19 | | or may suspend or revoke any license, or may
place on | 20 | | probation, reprimand, or fine, with a civil penalty
not to | 21 | | exceed $10,000 for each violation, any person,
corporation, | 22 | | partnership, or professional licensed design firm
licensed | 23 | | under this Act for any of the following
reasons: | 24 | | (1) material misstatement in furnishing information to
| 25 | | the Department; |
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| 1 | | (2) negligence, incompetence, or misconduct in the
| 2 | | practice of licensed interior design; | 3 | | (3) failure to comply with any of the provisions of
| 4 | | this Act or any of its rules; | 5 | | (4) making any misrepresentation for the purpose of
| 6 | | obtaining licensure; | 7 | | (5) purposefully making false statements or signing
| 8 | | false statements, certificates, or affidavits to induce
| 9 | | payment; | 10 | | (6) conviction of any crime under the laws of the
| 11 | | United States, or any state or territory thereof, which is
| 12 | | a felony, whether related to the practice of interior
| 13 | | design or not; or conviction of any crime, whether a
| 14 | | felony, misdemeanor, or otherwise, an essential element of
| 15 | | which is dishonesty or wanton disregard for the rights of
| 16 | | others, or that is directly related to the practice of
| 17 | | licensed interior design; | 18 | | (7) aiding or assisting another person in violating any
| 19 | | provision of this Act or its rules; | 20 | | (8) signing or affixing the licensed interior design | 21 | | practitioner's
seal or permitting the licensed interior | 22 | | design practitioner's seal
to be affixed to any technical | 23 | | submissions not prepared by
the licensed interior design | 24 | | practitioner or under that licensed interior design | 25 | | practitioner's
direct supervision and control; | 26 | | (9) engaging in dishonorable, unethical, or
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| 1 | | unprofessional conduct of a character likely to deceive,
| 2 | | defraud, or harm the public; | 3 | | (10) habitual intoxication or addiction to the use of
| 4 | | drugs; | 5 | | (11) making a statement of compliance under the
| 6 | | Environmental Barriers Act that technical submissions
| 7 | | prepared by the licensed interior design practitioner or | 8 | | prepared
under the licensed interior design practitioner's | 9 | | direct supervision
and control for construction or | 10 | | alteration of an occupancy
required to be in compliance | 11 | | with the Environmental
Barriers Act are in compliance with | 12 | | the Environmental
Barriers Act when the technical | 13 | | submissions are not in
compliance; | 14 | | (12) a finding by the Board that a licensee whose
| 15 | | license has been placed on probationary status has
violated | 16 | | the terms of probation; | 17 | | (13) discipline by another state, territory, foreign
| 18 | | country, the District of Columbia, the United States
| 19 | | government, or any other governmental agency, if at least
| 20 | | one of the grounds for discipline is the same or
| 21 | | substantially equivalent to those set forth in this Act; | 22 | | (14) failure to provide information in response to a
| 23 | | written request made by the Department within 30 days after
| 24 | | receipt of the written request; or | 25 | | (15) physical illness, including, but not limited to,
| 26 | | deterioration through the aging process or loss of motor
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| 1 | | skill that results in the inability to practice the
| 2 | | profession with reasonable judgment, skill, or safety. | 3 | | (b) The determination by a circuit court that a licensee is
| 4 | | subject to involuntary admission or judicial admission, as
| 5 | | provided in the Mental Health and Developmental Disabilities
| 6 | | Code, operates as an automatic suspension. The suspension shall
| 7 | | end only upon a finding by a court that the patient is no
| 8 | | longer subject to involuntary admission or judicial admission,
| 9 | | the issuance of an order so finding and discharging the
| 10 | | patient, and the recommendation of the Board to the Secretary
| 11 | | that the licensee be allowed to resume practice.
| 12 | | The Department may refuse to issue or may suspend the
| 13 | | license of any person who fails to file a return, to pay the
| 14 | | tax, penalty, or interest shown in a filed return, or to pay | 15 | | any
final assessment of tax, penalty, or interest as required | 16 | | by
any tax Act administered by the Illinois Department of | 17 | | Revenue,
until such time as the requirements of that tax Act | 18 | | are
satisfied. | 19 | | Persons who assist the Department as consultants or expert
| 20 | | witnesses in the investigation or prosecution of alleged
| 21 | | violations of this Act, licensure matters, restoration
| 22 | | proceedings, or criminal prosecutions shall not be liable for
| 23 | | damages in any civil action or proceeding as a result of such
| 24 | | assistance, except upon proof of actual malice. The Attorney
| 25 | | General shall defend those persons in any such action or
| 26 | | proceeding. |
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| 1 | | Section 110. Violations; injunction; cease and desist
| 2 | | order. | 3 | | (a) If any person or entity violates a provision of this
| 4 | | Act, the Secretary may, in the name of the People of the State
| 5 | | of Illinois, through the Attorney General of the State of
| 6 | | Illinois, petition for an order enjoining the violation or for
| 7 | | an order enforcing compliance with this Act. Upon the filing of
| 8 | | a verified petition in the court, the court may issue a
| 9 | | temporary restraining order, without notice or bond, and may
| 10 | | preliminarily and permanently enjoin the violation. If it is
| 11 | | established that the person or entity has violated or is
| 12 | | violating the injunction, the court may punish the offender for
| 13 | | contempt of court. Proceedings under this Section are in
| 14 | | addition to, and not in lieu of, all other remedies and
| 15 | | penalties provided by this Act. | 16 | | (b) If any person or entity practices as a licensed | 17 | | interior design practitioner
or holds himself or herself out as | 18 | | a licensed interior design practitioner
or professional | 19 | | licensed design firm without being licensed under the | 20 | | provisions of this Act or being exempt pursuant to the | 21 | | provisions of this Act, then any licensed interior design | 22 | | practitioner, any interested party, or any person injured
| 23 | | thereby may, in addition to the Secretary, petition for relief
| 24 | | as provided in subsection (a) of this Section. | 25 | | (c) Whenever, in the opinion of the Department, any person |
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| 1 | | or
entity violates any provision of this Act, the Department | 2 | | may
issue a rule to show cause why an order to cease and desist
| 3 | | should not be entered against him or her. The rule shall
| 4 | | clearly set forth the grounds relied upon by the Department and
| 5 | | shall provide a period of 7 days after the date of the rule to
| 6 | | file an answer to the satisfaction of the Department. Failure
| 7 | | to answer to the satisfaction of the Department shall cause an
| 8 | | order to cease and desist to be issued immediately. | 9 | | Section 115. Investigations; notice and hearing. The | 10 | | Department may investigate the actions of any applicant or of
| 11 | | any person or entity holding or claiming to hold a license.
| 12 | | Before the initiation of an investigation, the
matter shall be | 13 | | reviewed by a subcommittee of the Board
according to procedures | 14 | | established by rule for the Complaint
Committee. The Department | 15 | | shall, before refusing to restore,
issue, or renew a license or | 16 | | disciplining a
licensee, at least 30 days prior to the date set
| 17 | | for the hearing, notify in writing the applicant for, or holder
| 18 | | of, a license of the nature of the charges and
that a hearing | 19 | | will be held on the date designated and direct
the applicant or | 20 | | entity or licensee to file a
written answer to the Board under | 21 | | oath within 20 days after the
service of the notice and inform | 22 | | the applicant, entity,
or licensee that failure to file an | 23 | | answer will
result in default being taken against the | 24 | | applicant, entity,
or licensee and that the license
may be | 25 | | suspended, revoked, or placed on probationary status, or
other |
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| 1 | | disciplinary action may be taken, including limiting the
scope, | 2 | | nature, or extent of practice, as the Secretary may deem
| 3 | | proper. Written notice may be served by personal delivery or
| 4 | | certified or registered mail to the respondent at his or her | 5 | | address
of record. If the
person or entity fails to file an | 6 | | answer after receiving
notice, his or her license may, in the
| 7 | | discretion of the Department, be suspended, revoked, or placed
| 8 | | on probationary status, or the Department may take whatever
| 9 | | disciplinary action it deems proper, including limiting the
| 10 | | scope, nature, or extent of the person's practice or the
| 11 | | imposition of a fine, without a hearing, if the act or acts
| 12 | | charged constitute sufficient grounds for such action under
| 13 | | this Act. At the time and place fixed in the notice, the Board
| 14 | | shall proceed to hear the charges and the parties or their
| 15 | | counsel shall be accorded ample opportunity to present such
| 16 | | statements, testimony, evidence, and argument as may be
| 17 | | pertinent to the charges or to their defense. The Board may
| 18 | | continue the hearing from time to time. | 19 | | Section 120. Stenographer; transcript. The Department, at | 20 | | its expense, shall preserve a record of all proceedings at the
| 21 | | formal hearing of any case involving the refusal to restore,
| 22 | | issue, or renew a license or the discipline of a licensee. The
| 23 | | notice of hearing, complaint, and all other documents in the
| 24 | | nature of pleadings and written motions filed in the
| 25 | | proceedings, the transcript of testimony, the report of the
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| 1 | | Board, and the orders of the Department shall be the record of
| 2 | | the proceedings. The Department shall furnish a transcript of
| 3 | | the record to any person interested in the hearing upon payment
| 4 | | of the fee required by Section 2105-115 of the Department of | 5 | | Professional Regulation Law. | 6 | | Section 125. Subpoenas of witnesses; oaths. The Department | 7 | | has the power to subpoena and bring before it any person in | 8 | | this
State and to take testimony either orally or by | 9 | | deposition, or
both, with the same fees and mileage and in the | 10 | | same manner as
prescribed by law in judicial proceedings in | 11 | | civil cases in
circuit courts of this State. | 12 | | The Secretary and every member of the Board have the
power | 13 | | to administer oaths to witnesses at any hearing that the
| 14 | | Department is authorized by law to conduct and any other oaths
| 15 | | required or authorized in any Act administered by the
| 16 | | Department. | 17 | | Section 130. Procedure to compel attendance of witnesses. | 18 | | Any circuit court, upon the application of the accused person
| 19 | | or complainant or of the Department, may, by order duly
| 20 | | entered, require the attendance of witnesses and the production
| 21 | | of relevant books and papers before the Department in any
| 22 | | hearing relating to the application for or refusal, recall,
| 23 | | suspension, or revocation of the license, or the discipline of
| 24 | | a licensee, and the court may compel obedience to its order by
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| 1 | | proceedings for contempt. | 2 | | Section 135. Report of Board; rehearing. After the hearing, | 3 | | the Board shall present to the Secretary its written report of
| 4 | | its findings and recommendations. A copy of the report shall be
| 5 | | served upon the accused person, either personally or by
| 6 | | registered or certified mail as provided in this Act for the
| 7 | | service of the notice. Within 20 days after the service, the
| 8 | | accused person may present to the Department his or her motion
| 9 | | in writing for a rehearing, which shall specify the particular
| 10 | | grounds for rehearing. If the accused person orders and pays
| 11 | | for a transcript of the record as provided in this Section, the
| 12 | | time elapsing before the transcript is ready for delivery to
| 13 | | him or her shall not be counted as part of the 20 days.
| 14 | | Whenever the Secretary is not satisfied that substantial
| 15 | | justice has been done, he or she may order a rehearing by the
| 16 | | same or another special board. At the expiration of the time
| 17 | | specified for filing a motion for a rehearing the Secretary has
| 18 | | the right to take the action recommended by the Board. | 19 | | Section 140. Hearing officer. Notwithstanding the | 20 | | provisions of Section 115 of this Act, the Secretary has the | 21 | | authority to appoint any attorney duly licensed to practice law
| 22 | | in the State to serve as the hearing officer in any action
| 23 | | under Section 135. The Secretary shall notify the Board of any
| 24 | | such appointment. The hearing officer has full authority to
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| 1 | | conduct the hearing. The Board has the right to have at least
| 2 | | one member present at any hearing conducted by the hearing
| 3 | | officer. The hearing officer shall report his or her findings
| 4 | | of fact, conclusions of law, and recommendations to the Board
| 5 | | and the Secretary. The Board has 60 days after the receipt of
| 6 | | the report to review the report of the hearing officer and
| 7 | | present his or her findings of fact, conclusions of law, and
| 8 | | recommendations to the Secretary. If the Board fails to present
| 9 | | its report within the 60-day period, the Secretary shall issue
| 10 | | an order based on the report of the hearing officer. If the
| 11 | | Secretary disagrees in any regard with the report of the Board
| 12 | | or hearing officer, he or she may issue an order in
| 13 | | contravention thereof. The Secretary shall provide a written
| 14 | | explanation to the Board on any deviation and shall specify
| 15 | | with particularity the reasons for such action in the final
| 16 | | order.
| 17 | | Section 145. Order; prima facie proof. An order of | 18 | | revocation or suspension or a certified copy thereof, over the
| 19 | | seal of the Department and purporting to be signed by the
| 20 | | Secretary, shall be prima facie proof that: | 21 | | (1) the signature is the genuine signature of the | 22 | | Secretary; | 23 | | (2) the Secretary is duly appointed and qualified;
and | 24 | | (3) the Board and the members thereof are
qualified to | 25 | | act. |
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| 1 | | This prima facie proof may be rebutted.
| 2 | | Section 150. Issuance or restoration of license. At any | 3 | | time after the refusal to issue or the suspension or revocation
| 4 | | of any license, the Department may issue or restore it to the
| 5 | | applicant without examination, upon the written recommendation
| 6 | | of the Board.
| 7 | | Section 155. Surrender of license. Upon the revocation or
| 8 | | suspension of any license, the licensee shall immediately
| 9 | | surrender the license to the Department and, if the licensee
| 10 | | fails to do so, the Department has the right to seize the
| 11 | | license.
| 12 | | Section 160. Summary suspension of a license. The Secretary | 13 | | may temporarily suspend the license of a licensed interior | 14 | | design practitioner
without a hearing, simultaneously with the | 15 | | institution of
proceedings for a hearing provided for in | 16 | | Section 115 of this
Act, if the Secretary finds that evidence
| 17 | | that indicates a licensed interior design practitioner's | 18 | | continuation
of practice would constitute an imminent danger to | 19 | | the public. | 20 | | If the Secretary temporarily suspends the
license of a | 21 | | licensed interior design practitioner without a hearing, a | 22 | | hearing by
the Board must be held within 30 days after the | 23 | | suspension has
occurred. |
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| 1 | | Section 165. Review under the Administrative Review Law;
| 2 | | venue. All final administrative decisions of the Department
| 3 | | under this Act are subject to judicial review under the
| 4 | | provisions of the Administrative Review Law.
The term
| 5 | | "administrative decision" is defined as in Section 3-101 of the
| 6 | | Code of Civil Procedure.
The proceedings for judicial review | 7 | | shall be commenced in
the circuit court of the county that the | 8 | | party applying for
review resides, but if the party is not a | 9 | | resident of this
State, the venue shall be in Sangamon County. | 10 | | Section 170. Certifying record to court; costs. The
| 11 | | Department shall not be required to certify any record to the
| 12 | | court or file any answer in court or otherwise appear in any
| 13 | | court in a judicial review proceeding, unless there is filed in
| 14 | | the court with the complaint a receipt from the Department
| 15 | | acknowledging payment of the costs of furnishing and certifying
| 16 | | the record. | 17 | | Section 175. Violations. | 18 | | (a) Each of the following Acts constitutes a Class A
| 19 | | misdemeanor for the first offense and a Class 4 felony for a
| 20 | | second or subsequent offense: | 21 | | (1) the practice of, attempt to practice, or offer to
| 22 | | practice licensed interior design, or the advertising or | 23 | | putting out
of any sign or card or other device that might |
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| 1 | | indicate to
the public that the person is entitled to | 2 | | engage in the practice of licensed interior design, without | 3 | | a license as a licensed interior design practitioner
or | 4 | | license as a professional licensed design firm issued by | 5 | | the
Department; each day engaged in the practice of | 6 | | licensed interior design or
attempting to engage in the | 7 | | practice of licensed interior design, and each instance
of | 8 | | offering to engage in the practice of licensed interior | 9 | | design, without a license
as a licensed interior design | 10 | | practitioner or license as a
professional licensed design | 11 | | firm constitutes a separate offense; | 12 | | (2) the making of any willfully false oath or
| 13 | | affirmation in any matter or proceeding where an oath or
| 14 | | affirmation is required by this Act; | 15 | | (3) the affixing of a licensed interior design | 16 | | practitioner's seal
to any technical submission that has | 17 | | not been prepared by
that licensed interior design | 18 | | practitioner or under the licensed interior design | 19 | | practitioner's
direct supervision and control; | 20 | | (4) the violation of any provision of this Act or its
| 21 | | rules; | 22 | | (5) using or attempting to use an expired, inactive,
| 23 | | suspended, or revoked license or the certificate or seal
of | 24 | | another or impersonating another licensee; or | 25 | | (6) obtaining or attempting to obtain a
license by | 26 | | fraud. |
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| 1 | | (b) In addition to any other penalty provided by law, the
| 2 | | Department may impose a civil penalty of up to $5,000 for each
| 3 | | violation upon a person, sole proprietorship, professional
| 4 | | service corporation, limited liability company, corporation,
| 5 | | partnership, or other entity that does not hold an active
| 6 | | license as a licensed interior design practitioner or license | 7 | | as a
professional licensed design firm in this State and is not | 8 | | exempt from
the provisions of this Act and: | 9 | | (1) practices licensed interior design in this State; | 10 | | (2) advertises or displays any sign or card or other
| 11 | | device that might indicate to the public that the person or
| 12 | | entity is entitled to practice as a licensed interior | 13 | | design practitioner in
this State; or | 14 | | (3) uses the title "Licensed Interior Design | 15 | | Practitioner" or any of its
derivations with respect to | 16 | | his, her, or its professional
activities in this State. | 17 | | (c) Civil penalties imposed and collected under this
| 18 | | Section shall be deposited into the Design Professionals
| 19 | | Administration and Investigation Fund. | 20 | | Section 180. Illinois Administrative Procedure Act. The | 21 | | Illinois Administrative Procedure Act is hereby expressly | 22 | | adopted and
incorporated herein as if all of the provisions of | 23 | | that Act
were included in this Act, except that the provision | 24 | | of
subsection (d) of Section 10-65 of the Illinois | 25 | | Administrative
Procedure Act that provides that at hearings the |
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| 1 | | licensee has
the right to show compliance with all lawful | 2 | | requirements for
retention, continuation, or renewal of the | 3 | | license is
specifically excluded. For the purposes of this Act, | 4 | | the notice
required under Section 10-25 of the Illinois | 5 | | Administrative
Procedure Act is deemed sufficient when mailed | 6 | | to the last
known address of a party. | 7 | | Section 185. Fund; appropriations; investments; audits. | 8 | | Moneys deposited in the Design Professionals Administration
| 9 | | and Investigation Fund shall be appropriated to the Department
| 10 | | exclusively for expenses of the Department and the Board in the
| 11 | | administration of this Act, the Illinois Architecture Practice
| 12 | | Act of 1989, the Illinois Professional Land Surveyor Act of
| 13 | | 1989, the Professional Engineering Practice Act of 1989, and
| 14 | | the Structural Engineering Practice Act of 1989. The expenses
| 15 | | of the Department under this Act shall be limited to the
| 16 | | ordinary and contingent expenses of the Design Professionals
| 17 | | Dedicated Employees within the Department as established under
| 18 | | Section 2105-75 of the Department of Professional Regulation | 19 | | Law of the Civil Administrative Code of Illinois and
other | 20 | | expenses related to the administration and enforcement of
this | 21 | | Act. | 22 | | All fines and penalties under Sections 30 and 85 shall be
| 23 | | deposited into the Design Professionals Administration and
| 24 | | Investigation `Fund. | 25 | | Moneys in the Design Professional Administration and
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| 1 | | Investigation Fund may be invested and reinvested. Earnings
| 2 | | attributable to those investments shall be deposited into the
| 3 | | Fund and used for the same purposes as fees deposited into the
| 4 | | Fund. | 5 | | Upon the completion of any audit of the Department as
| 6 | | prescribed by the Illinois State Auditing Act that includes an
| 7 | | audit of the Design Professionals Administration and
| 8 | | Investigation Fund, the Department shall make the audit open to
| 9 | | inspection by any interested person. The copy of the audit
| 10 | | report required to be submitted to the Department by this
| 11 | | Section is in addition to the copies of audit reports required
| 12 | | to be submitted to other State officers and agencies by Section
| 13 | | 3-14 of the Illinois State Auditing Act.
| 14 | | Section 190. Home rule. It is declared to be the public
| 15 | | policy of this State, under subsection (h) of Section 6 of
| 16 | | Article VII of the Illinois Constitution of 1970, that any
| 17 | | power or function set forth in this Act to be exercised by the
| 18 | | State is an exclusive State power or function. The power or
| 19 | | function shall not be exercised concurrently, either directly
| 20 | | or indirectly, by any unit of local government, including home
| 21 | | rule units, except as otherwise provided in this Act. This is a
| 22 | | limitation of home rule powers. | 23 | | Section 900. The Regulatory Sunset Act is amended by | 24 | | amending Section 4.32 and adding Section 4.36 as follows: |
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| 1 | | (5 ILCS 80/4.32) | 2 | | Sec. 4.32. Acts repealed on January 1, 2022. The following | 3 | | Acts are repealed on January 1, 2022: | 4 | | The Boxing and Full-contact Martial Arts Act. | 5 | | The Collateral Recovery Act. | 6 | | The Detection of Deception Examiners Act.
| 7 | | The Home Inspector License Act.
| 8 | | The Interior Design Title Act.
| 9 | | The Massage Licensing Act.
| 10 | | The Petroleum Equipment Contractors Licensing Act.
| 11 | | The Real Estate Appraiser Licensing Act of 2002. | 12 | | The Water Well and Pump Installation Contractor's License | 13 | | Act. | 14 | | (Source: P.A. 97-24, eff. 6-28-11; 97-119, eff. 7-14-11; | 15 | | 97-168, eff. 7-22-11; 97-226, eff. 7-28-11; 97-428, eff. | 16 | | 8-16-11; 97-514, eff. 8-23-11; 97-576, eff. 7-1-12; 97-598, | 17 | | eff. 8-26-11; 97-602, eff. 8-26-11; 97-813, eff. 7-13-12.) | 18 | | (5 ILCS 80/4.36 new) | 19 | | Sec. 4.36. Act repealed on January 1, 2026. The following | 20 | | Act is repealed on January 1, 2026: | 21 | | The Licensed Interior Design Practitioner Act. | 22 | | (225 ILCS 310/Act rep.) | 23 | | Section 905. The Interior Design Title Act is repealed. |
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| 1 | | Section 910. The Unified Code of Corrections is amended by | 2 | | changing Section 5-5-5 as follows:
| 3 | | (730 ILCS 5/5-5-5) (from Ch. 38, par. 1005-5-5)
| 4 | | Sec. 5-5-5. Loss and Restoration of Rights.
| 5 | | (a) Conviction and disposition shall not entail the loss by | 6 | | the
defendant of any civil rights, except under this Section | 7 | | and Sections 29-6
and 29-10 of The Election Code, as now or | 8 | | hereafter amended.
| 9 | | (b) A person convicted of a felony shall be ineligible to | 10 | | hold an office
created by the Constitution of this State until | 11 | | the completion of his sentence.
| 12 | | (c) A person sentenced to imprisonment shall lose his right | 13 | | to vote
until released from imprisonment.
| 14 | | (d) On completion of sentence of imprisonment or upon | 15 | | discharge from
probation, conditional discharge or periodic | 16 | | imprisonment, or at any time
thereafter, all license rights and | 17 | | privileges
granted under the authority of this State which have | 18 | | been revoked or
suspended because of conviction of an offense | 19 | | shall be restored unless the
authority having jurisdiction of | 20 | | such license rights finds after
investigation and hearing that | 21 | | restoration is not in the public interest.
This paragraph (d) | 22 | | shall not apply to the suspension or revocation of a
license to | 23 | | operate a motor vehicle under the Illinois Vehicle Code.
| 24 | | (e) Upon a person's discharge from incarceration or parole, |
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| 1 | | or upon a
person's discharge from probation or at any time | 2 | | thereafter, the committing
court may enter an order certifying | 3 | | that the sentence has been
satisfactorily completed when the | 4 | | court believes it would assist in the
rehabilitation of the | 5 | | person and be consistent with the public welfare.
Such order | 6 | | may be entered upon the motion of the defendant or the State or
| 7 | | upon the court's own motion.
| 8 | | (f) Upon entry of the order, the court shall issue to the | 9 | | person in
whose favor the order has been entered a certificate | 10 | | stating that his
behavior after conviction has warranted the | 11 | | issuance of the order.
| 12 | | (g) This Section shall not affect the right of a defendant | 13 | | to
collaterally attack his conviction or to rely on it in bar | 14 | | of subsequent
proceedings for the same offense.
| 15 | | (h) No application for any license specified in subsection | 16 | | (i) of this
Section granted under the
authority of this State | 17 | | shall be denied by reason of an eligible offender who
has | 18 | | obtained a certificate of relief from disabilities, as
defined | 19 | | in Article 5.5 of this Chapter, having been previously | 20 | | convicted of one
or more
criminal offenses, or by reason of a | 21 | | finding of lack of "good moral
character" when the finding is | 22 | | based upon the fact that the applicant has
previously been | 23 | | convicted of one or more criminal offenses, unless:
| 24 | | (1) there is a direct relationship between one or more | 25 | | of the previous
criminal offenses and the specific license | 26 | | sought; or
|
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| 1 | | (2) the issuance of the license would
involve an | 2 | | unreasonable risk to property or to the safety or welfare | 3 | | of
specific individuals or the general public.
| 4 | | In making such a determination, the licensing agency shall | 5 | | consider the
following factors:
| 6 | | (1) the public policy of this State, as expressed in | 7 | | Article 5.5 of this
Chapter, to encourage the licensure and | 8 | | employment of persons previously
convicted of one or more | 9 | | criminal offenses;
| 10 | | (2) the specific duties and responsibilities | 11 | | necessarily related to the
license being sought;
| 12 | | (3) the bearing, if any, the criminal offenses or | 13 | | offenses for which the
person
was previously convicted will | 14 | | have on his or her fitness or ability to perform
one or
| 15 | | more such duties and responsibilities;
| 16 | | (4) the time which has elapsed since the occurrence of | 17 | | the criminal
offense or offenses;
| 18 | | (5) the age of the person at the time of occurrence of | 19 | | the criminal
offense or offenses;
| 20 | | (6) the seriousness of the offense or offenses;
| 21 | | (7) any information produced by the person or produced | 22 | | on his or her
behalf in
regard to his or her rehabilitation | 23 | | and good conduct, including a certificate
of relief from | 24 | | disabilities issued to the applicant, which certificate | 25 | | shall
create a presumption of rehabilitation in regard to | 26 | | the offense or offenses
specified in the certificate; and
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| 1 | | (8) the legitimate interest of the licensing agency in | 2 | | protecting
property, and
the safety and welfare of specific | 3 | | individuals or the general public.
| 4 | | (i) A certificate of relief from disabilities shall be | 5 | | issued only
for a
license or certification issued under the | 6 | | following Acts:
| 7 | | (1) the Animal Welfare Act; except that a certificate | 8 | | of relief from
disabilities may not be granted
to provide | 9 | | for
the
issuance or restoration of a license under the | 10 | | Animal Welfare Act for any
person convicted of violating | 11 | | Section 3, 3.01, 3.02, 3.03, 3.03-1, or 4.01 of
the Humane | 12 | | Care for Animals Act or Section 26-5 or 48-1 of the | 13 | | Criminal Code of
1961 or the Criminal Code of 2012;
| 14 | | (2) the Illinois Athletic Trainers Practice Act;
| 15 | | (3) the Barber, Cosmetology, Esthetics, Hair Braiding, | 16 | | and Nail Technology Act of 1985;
| 17 | | (4) the Boiler and Pressure Vessel Repairer Regulation | 18 | | Act;
| 19 | | (5) the Boxing and Full-contact Martial Arts Act;
| 20 | | (6) the Illinois Certified Shorthand Reporters Act of | 21 | | 1984;
| 22 | | (7) the Illinois Farm Labor Contractor Certification | 23 | | Act;
| 24 | | (8) the Licensed Interior Design Practitioner Act the | 25 | | Interior Design Title Act ;
| 26 | | (9) the Illinois Professional Land Surveyor Act of |
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| 1 | | 1989;
| 2 | | (10) the Illinois Landscape Architecture Act of 1989;
| 3 | | (11) the Marriage and Family Therapy Licensing Act;
| 4 | | (12) the Private Employment Agency Act;
| 5 | | (13) the Professional Counselor and Clinical | 6 | | Professional Counselor
Licensing and Practice
Act;
| 7 | | (14) the Real Estate License Act of 2000;
| 8 | | (15) the Illinois Roofing Industry Licensing Act; | 9 | | (16) the Professional Engineering Practice Act of | 10 | | 1989; | 11 | | (17) the Water Well and Pump Installation Contractor's | 12 | | License Act; | 13 | | (18) the Electrologist Licensing Act;
| 14 | | (19) the Auction License Act; | 15 | | (20) the Illinois Architecture Practice Act of 1989; | 16 | | (21) the Dietitian Nutritionist Practice Act; | 17 | | (22) the Environmental Health Practitioner Licensing | 18 | | Act; | 19 | | (23) the Funeral Directors and Embalmers Licensing | 20 | | Code; | 21 | | (24) the Land Sales Registration Act of 1999; | 22 | | (25) the Professional Geologist Licensing Act; | 23 | | (26) the Illinois Public Accounting Act; and | 24 | | (27) the Structural Engineering Practice Act of 1989.
| 25 | | (Source: P.A. 97-119, eff. 7-14-11; 97-706, eff. 6-25-12; | 26 | | 97-1108, eff. 1-1-13; 97-1141, eff. 12-28-12; 97-1150, eff. |
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| 1 | | 1-25-13; 98-756, eff. 7-16-14.)
| 2 | | Section 999. Effective date. This Act takes effect upon | 3 | | becoming law.".
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