Full Text of HB4106 101st General Assembly
HB4106ham001 101ST GENERAL ASSEMBLY | Rep. Emanuel Chris Welch Filed: 2/19/2020
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| 1 | | AMENDMENT TO HOUSE BILL 4106
| 2 | | AMENDMENT NO. ______. Amend House Bill 4106 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Regulatory Sunset Act is amended by | 5 | | changing Section 4.31 and by adding Section 4.41 as follows: | 6 | | (5 ILCS 80/4.31) | 7 | | Sec. 4.31. Acts repealed on January 1, 2021. The following | 8 | | Acts are repealed on January 1, 2021: | 9 | | The Crematory Regulation Act. | 10 | | The Cemetery Oversight Act. | 11 | | The Illinois Health Information Exchange and Technology | 12 | | Act.
| 13 | | The Radiation Protection Act of 1990. | 14 | | (Source: P.A. 96-1041, eff. 7-14-10; 96-1331, eff. 7-27-10; | 15 | | incorporates P.A. 96-863, eff. 3-1-10; 97-333, eff. 8-12-11.) |
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| 1 | | (5 ILCS 80/4.41 new) | 2 | | Sec. 4.41. Act repealed on January 1, 2031. The following | 3 | | Act is repealed on January 1, 2031: | 4 | | The Cemetery Oversight Act. | 5 | | Section 10. The Department of Professional Regulation Law | 6 | | of the
Civil Administrative Code of Illinois is amended by | 7 | | changing Sections 2105-35 and 2105-120 as follows: | 8 | | (20 ILCS 2105/2105-35) | 9 | | Sec. 2105-35. Prohibited uses of roster of information. | 10 | | Notwithstanding any other provision of law to the contrary, any | 11 | | roster of information including, but not limited to, the | 12 | | licensee's name, address, and profession, shall not be used by | 13 | | a third party for the purpose of marketing goods or services | 14 | | not related to the licensee's profession. Rosters provided by | 15 | | the Department shall comply with the requirements set forth | 16 | | under the Illinois Freedom of Information Act.
| 17 | | (Source: P.A. 96-978, eff. 7-2-10.)
| 18 | | (20 ILCS 2105/2105-120) (was 20 ILCS 2105/60g)
| 19 | | Sec. 2105-120. Board's report; licensee's or applicant's | 20 | | motion for rehearing.
| 21 | | (a) The board shall present to the Secretary Director its | 22 | | written report of its
findings and recommendations. A copy of | 23 | | the report shall be served upon the licensee or applicant, |
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| 1 | | either personally or by mail or email as provided in Section
| 2 | | 2105-100 for the service of the notice. The Secretary may issue | 3 | | an order that deviates from the board's report and is not | 4 | | required to provide the board with an explanation of the | 5 | | deviation.
| 6 | | (b) Within 20 days after the service required under | 7 | | subsection (a), the licensee or applicant
may present to the | 8 | | Department a motion in writing for a rehearing.
The written | 9 | | motion shall specify the particular grounds for a rehearing. If
| 10 | | the licensee or applicant orders and pays for a transcript of | 11 | | the record as provided in
Section 2105-115, the time elapsing | 12 | | thereafter and before the
transcript is ready for delivery to | 13 | | the licensee or applicant shall not be counted as
part of the | 14 | | 20 days.
| 15 | | (Source: P.A. 99-227, eff. 8-3-15; 100-262, eff. 8-22-17.)
| 16 | | Section 15. The Cemetery Oversight Act is amended by | 17 | | changing Sections 5-15, 5-20, 5-25, 10-20, 10-21, 10-40, 10-55, | 18 | | 20-8, 25-3, 25-5, 25-10, 25-15, 25-25, 25-30, 25-35, 25-90, | 19 | | 25-95, 25-105, 25-115, 25-125, and 35-5 and by adding Sections | 20 | | 5-16, 5-26, 25-26, and 25-126 as follows: | 21 | | (225 ILCS 411/5-15) | 22 | | (Section scheduled to be repealed on January 1, 2021)
| 23 | | Sec. 5-15. Definitions. In this Act: | 24 | | "Address of record" means the designated address recorded |
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| 1 | | by the Department in the applicant's or licensee's application | 2 | | file or license file. It is the duty of the applicant or | 3 | | licensee to inform the Department of any change of address | 4 | | within 14 days either through the Department's website or by | 5 | | contacting the Department's licensure maintenance unit. The | 6 | | address of record for a cemetery authority shall be the | 7 | | permanent street address of the cemetery. | 8 | | "Applicant" means a person applying for licensure under | 9 | | this Act as a cemetery authority, cemetery manager, or customer | 10 | | service employee. Any applicant or any person who holds himself | 11 | | or herself out as an applicant is considered a licensee for | 12 | | purposes of enforcement, investigation, hearings, and the | 13 | | Illinois Administrative Procedure Act. | 14 | | "Burial permit" means a permit provided by a licensed | 15 | | funeral director for the disposition of a dead human body. | 16 | | "Care" means the maintenance of a cemetery and of the lots, | 17 | | graves, crypts, niches, family mausoleums, memorials, and | 18 | | markers therein, including: (i) the cutting and trimming of | 19 | | lawn, shrubs, and trees at reasonable intervals; (ii) keeping | 20 | | in repair the drains, water lines, roads, buildings, fences, | 21 | | and other structures, in keeping with a well-maintained | 22 | | cemetery as provided for in Section 20-5 of this Act and | 23 | | otherwise as required by rule; (iii) maintenance of machinery, | 24 | | tools, and equipment for such care; (iv) compensation of | 25 | | cemetery workers, any discretionary payment of insurance | 26 | | premiums, and any reasonable payments for workers' pension and |
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| 1 | | other benefits plans; and (v) the payment of expenses necessary | 2 | | for such purposes and for maintaining necessary records of lot | 3 | | ownership, transfers, and burials. | 4 | | "Cemetery" means any land or structure in this State | 5 | | dedicated to and used, or intended to be used, for the | 6 | | interment, inurnment, or entombment of human remains. | 7 | | "Cemetery authority" means any individual or legal entity | 8 | | that owns or controls cemetery lands or property. | 9 | | "Cemetery manager" means an individual directly | 10 | | responsible or holding himself or herself directly responsible | 11 | | for the operation, maintenance, development, or improvement of | 12 | | a cemetery that is or shall be licensed under this Act , | 13 | | irrespective of whether the individual is paid by the licensed | 14 | | cemetery authority or a third party. This definition does not | 15 | | include a volunteer who receives no compensation, either | 16 | | directly or indirectly, for his or her work as a cemetery | 17 | | manager . | 18 | | "Cemetery merchandise" means items of personal property | 19 | | normally sold by a cemetery authority not covered under the | 20 | | Illinois Funeral or Burial Funds Act, including, but not | 21 | | limited to: (1) memorials, (2) markers, (3) monuments, (4) | 22 | | foundations and installations, and (5) outer burial | 23 | | containers. | 24 | | "Cemetery operation" means to engage in any or all of the | 25 | | following, whether on behalf of, or in the absence of, a | 26 | | cemetery authority: (i) the interment, entombment, or |
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| 1 | | inurnment of human remains, (ii) the sale of interment, | 2 | | entombment, or inurnment rights, cemetery merchandise, or | 3 | | cemetery services, (iii) the maintenance of interment rights | 4 | | ownership records, (iv) the maintenance of or reporting of | 5 | | interment, entombment, or inurnment records, (v) the | 6 | | maintenance of cemetery property, (vi) the development or | 7 | | improvement of cemetery grounds, or (vii) the maintenance and | 8 | | execution of business documents, including State and federal | 9 | | government reporting and the payment of taxes, for a cemetery | 10 | | business entity. | 11 | | "Cemetery Oversight Database" means a database certified | 12 | | by the Department as effective in tracking the interment, | 13 | | entombment, or inurnment of human remains.
| 14 | | "Cemetery services" means those services customarily | 15 | | performed by cemetery personnel in connection with the | 16 | | interment, entombment, or inurnment of a dead human body. | 17 | | "Certificate of organization" means the document received | 18 | | by a cemetery association from the Secretary of State that | 19 | | indicates that the cemetery association shall be deemed fully | 20 | | organized as a body corporate under the name adopted and in its | 21 | | corporate name may sue and be sued. | 22 | | "Comptroller" means the Comptroller of the State of | 23 | | Illinois. | 24 | | "Confidential information" means unique identifiers, | 25 | | including a person's Social Security number, home address, home | 26 | | phone number, personal phone number, personal email address, |
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| 1 | | personal financial information, and any other information | 2 | | protected by law. | 3 | | "Consumer" means an individual who purchases or who is | 4 | | considering purchasing cemetery, burial, or cremation products | 5 | | or services from a cemetery authority, whether for themselves | 6 | | or for another person. | 7 | | "Customer service employee" means an individual who has | 8 | | direct contact with consumers to explain cemetery merchandise, | 9 | | services, and interment rights and to execute the sale of those | 10 | | items to consumers, whether at the cemetery or an off-site | 11 | | location, irrespective of whether compensation is paid by the | 12 | | cemetery authority or a third party. This definition does not | 13 | | include a volunteer who receives no compensation, either | 14 | | directly or indirectly, for his or her work as a customer | 15 | | service employee. | 16 | | "Department" means the Department of Financial and | 17 | | Professional Regulation. | 18 | | "Email address of record" means the designated email | 19 | | address recorded by the Department in the applicant's | 20 | | application file or the licensee's license file as maintained | 21 | | by the Department's licensure maintenance unit. | 22 | | "Employee" means an individual who works for a cemetery | 23 | | authority where the cemetery authority has the right to control | 24 | | what work is performed and the details of how the work is | 25 | | performed regardless of whether federal or State payroll taxes | 26 | | are withheld. |
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| 1 | | "Entombment right" means the right to place individual | 2 | | human remains or individual cremated human remains in a | 3 | | specific mausoleum crypt or lawn crypt selected by a consumer | 4 | | for use as a final resting place. | 5 | | "Family burying ground" means a cemetery in which no lots, | 6 | | crypts, or niches are sold to the public and in which | 7 | | interments, inurnments, and entombments are restricted to the | 8 | | immediate family or a group of individuals related to each | 9 | | other by blood or marriage. | 10 | | "Full exemption" means an exemption granted to a cemetery | 11 | | authority pursuant to subsection (a) of Section 5-20. | 12 | | "Funeral director" means a funeral director as defined by | 13 | | the Funeral Directors and Embalmers Licensing Code. | 14 | | "Grave" means a space of ground in a cemetery used or | 15 | | intended to be used for burial. | 16 | | "Green burial or cremation disposition" means burial or | 17 | | cremation practices that reduce the greenhouse gas emissions, | 18 | | waste, and toxic chemicals ordinarily created in burial or | 19 | | cremation or, in the case of greenhouse gas emissions, mitigate | 20 | | or offset emissions. Such practices include any standards or | 21 | | method for burial or cremation that the Department may name by | 22 | | rule. | 23 | | "Immediate family" means the designated agent of a person | 24 | | or the persons given priority for the disposition of a person's | 25 | | remains under the Disposition of Remains Act and shall include | 26 | | a person's spouse, parents, grandparents, children, |
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| 1 | | grandchildren and siblings. | 2 | | "Individual" means a natural person. | 3 | | "Interment right" means the right to place individual human | 4 | | remains or cremated human remains in a specific underground | 5 | | location selected by a consumer for use as a final resting | 6 | | place. | 7 | | "Inurnment right" means the right to place individual | 8 | | cremated human remains in a specific niche selected by the | 9 | | consumer for use as a final resting place. | 10 | | "Lawn crypt" means a permanent underground crypt installed | 11 | | in multiple units for the entombment of human remains. | 12 | | "Licensee" means a person licensed under this Act as a | 13 | | cemetery authority, cemetery manager, or customer service | 14 | | employee. Anyone who holds himself or herself out as a licensee | 15 | | or who is accused of unlicensed practice is considered a | 16 | | licensee for purposes of enforcement, investigation, hearings, | 17 | | and the Illinois Administrative Procedure Act. | 18 | | "Mausoleum crypt" means a grouping of spaces constructed of | 19 | | reinforced concrete or similar material constructed or | 20 | | assembled above the ground for entombing remains. | 21 | | "Niche" means a space in a columbarium or mausoleum used, | 22 | | or intended to be used, for inurnment of cremated human | 23 | | remains. | 24 | | "Partial exemption" means an exemption granted to a | 25 | | cemetery authority pursuant to subsection (b) of Section 5-20. | 26 | | "Parcel identification number" means a unique number |
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| 1 | | assigned by the Cemetery Oversight Database to a grave, plot, | 2 | | crypt, or niche that enables the Department to ascertain the | 3 | | precise location of a decedent's remains interred, entombed, or | 4 | | inurned after the effective date of this Act. | 5 | | "Person" means any individual, firm, partnership, | 6 | | association, corporation, limited liability company, trustee, | 7 | | government or political subdivision, or other entity. | 8 | | "Public cemetery" means a cemetery owned, operated, | 9 | | controlled, or managed by the federal government, by any state, | 10 | | county, city, village, incorporated town, township, | 11 | | multi-township, public cemetery district, or other municipal | 12 | | corporation, political subdivision, or instrumentality thereof | 13 | | authorized by law to own, operate, or manage a cemetery. | 14 | | "Religious burying ground" means a cemetery in which no | 15 | | lots, crypts, or niches are sold and in which interments, | 16 | | inurnments, and entombments are restricted to a group of | 17 | | individuals all belonging to a religious order or granted | 18 | | burial rights by special consideration of the religious order. | 19 | | "Religious cemetery" means a cemetery owned, operated, | 20 | | controlled, and managed by any recognized church, religious | 21 | | society, association, or denomination, or by any cemetery | 22 | | authority or any corporation administering, or through which is | 23 | | administered, the temporalities of any recognized church, | 24 | | religious society, association, or denomination. | 25 | | "Secretary" means the Secretary of Financial and | 26 | | Professional Regulation or a person authorized by the Secretary |
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| 1 | | to act in the Secretary's stead . | 2 | | "Term burial" means a right of interment sold to a consumer | 3 | | in which the cemetery authority retains the right to disinter | 4 | | and relocate the remains, subject to the provisions of | 5 | | subsection (d) of Section 35-15 of this Act. | 6 | | "Trustee" means any person authorized to hold funds under | 7 | | this Act. | 8 | | "Unique personal identifier" means the parcel | 9 | | identification number in addition to the term of burial in | 10 | | years; the numbered level or depth in the grave, plot, crypt, | 11 | | or niche; and the year of death for human remains interred, | 12 | | entombed, or inurned after the effective date of this Act. The | 13 | | unique personal identifier is assigned by the Cemetery | 14 | | Oversight Database.
| 15 | | (Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.) | 16 | | (225 ILCS 411/5-16 new) | 17 | | Sec. 5-16. Address of record; email address of record. All | 18 | | applicants and licensees shall: | 19 | | (1) provide a valid address and email address to the | 20 | | Department, which shall serve as the address of record and | 21 | | email address of record, respectively, at the time of | 22 | | application for licensure or renewal of a license; and | 23 | | (2) inform the Department of any change of address of | 24 | | record or email address of record within 14 days after such | 25 | | change either through the Department's website or by |
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| 1 | | contacting the Department's licensure maintenance unit. | 2 | | (225 ILCS 411/5-20) | 3 | | (Section scheduled to be repealed on January 1, 2021)
| 4 | | Sec. 5-20. Exemptions.
| 5 | | (a) Full exemption. Except as provided in this subsection, | 6 | | this Act does not apply to (1) any cemetery authority operating | 7 | | as a family burying ground or religious burying ground, (2) any | 8 | | cemetery authority that has not engaged in an interment, | 9 | | inurnment, or entombment of human remains within the last 10 | 10 | | years, or (3) any cemetery authority that is less than 3 acres. | 11 | | For purposes of determining the applicability of this | 12 | | subsection, the number of interments, inurnments, and | 13 | | entombments shall be aggregated for each calendar year. A | 14 | | cemetery authority claiming a full exemption shall apply for | 15 | | exempt status as provided for in Section 10-20 of this Act. A | 16 | | cemetery authority claiming a full exemption shall be subject | 17 | | to Sections 10-40, 10-55, and 10-60 of this Act. A cemetery | 18 | | authority that performs activities that would disqualify it | 19 | | from a full exemption is required to apply for licensure within | 20 | | one year following the date on which its activities would | 21 | | disqualify it for a full exemption. A cemetery authority that | 22 | | previously qualified for and maintained a full exemption that | 23 | | fails to timely apply for licensure shall be deemed to have | 24 | | engaged in unlicensed practice and shall be subject to | 25 | | discipline in accordance with Article 25 of this Act. |
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| 1 | | (b) Partial exemption. If a cemetery authority does not | 2 | | qualify for a full exemption and (1) engages in 25 or fewer | 3 | | interments, inurnments, or entombments of human remains for | 4 | | each of the preceding 2 calendar years, (2) operates as a | 5 | | public cemetery, or (3) operates as a religious cemetery, then | 6 | | the cemetery authority is partially exempt from this Act but | 7 | | shall be required to comply with Sections 10-23, 10-40, 10-55, | 8 | | 10-60, subsections (a), (b), (b-5), (c), (d), and (h) of | 9 | | Section 20-5, Sections 20-6, 20-8, 20-10, 20-12, 20-30, 20-35, | 10 | | 20-40, 25-3, and 25-120, and Article 35 of this Act. Cemetery | 11 | | authorities claiming a partial exemption shall apply for the | 12 | | partial exemption as provided in Section 10-20 of this Act. A | 13 | | cemetery authority that changes to a status that would | 14 | | disqualify it from a partial exemption is required to apply for | 15 | | licensure within one year following the date on which it | 16 | | changes its status. A cemetery authority that maintains a | 17 | | partial exemption that fails to timely apply for licensure | 18 | | shall be deemed to have engaged in unlicensed practice and | 19 | | shall be subject to discipline in accordance with Article 25 of | 20 | | this Act.
| 21 | | (c) Nothing in this Act applies to the City of Chicago in | 22 | | its exercise of its powers under the O'Hare Modernization Act | 23 | | or limits the authority of the City of Chicago to acquire | 24 | | property or otherwise exercise its powers under the O'Hare | 25 | | Modernization Act, or requires the City of Chicago, or any | 26 | | person acting on behalf of the City of Chicago, to comply with |
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| 1 | | the licensing, regulation, or investigation , or mediation | 2 | | requirements of this Act in exercising its powers under the | 3 | | O'Hare Modernization Act.
| 4 | | (Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.) | 5 | | (225 ILCS 411/5-25) | 6 | | (Section scheduled to be repealed on January 1, 2021)
| 7 | | Sec. 5-25. Powers and duties of the Department. The | 8 | | Department shall, subject Subject to the provisions of this | 9 | | Act, the Department may exercise the following functions, | 10 | | powers , and duties : | 11 | | (1) Authorize certification programs to ascertain the | 12 | | qualifications and fitness of applicants for licensing as a | 13 | | licensed cemetery manager or as a customer service employee | 14 | | to ascertain whether they possess the requisite level of | 15 | | knowledge for such position. | 16 | | (2) Examine a licensed cemetery authority's records | 17 | | from any year or any other aspects of cemetery operation as | 18 | | the Department deems appropriate. | 19 | | (3) Investigate any and all cemetery operations. | 20 | | (4) Conduct hearings on proceedings to refuse to issue , | 21 | | or renew , or restore licenses or to revoke, suspend, place | 22 | | on probation, or reprimand , or otherwise discipline a | 23 | | licensee license under this Act or take other | 24 | | non-disciplinary action . | 25 | | (5) Adopt reasonable rules and regulations required |
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| 1 | | for the administration of this Act. | 2 | | (6) Prescribe forms to be issued for the administration | 3 | | and enforcement of this Act. | 4 | | (7) (Blank). Maintain rosters of the names and | 5 | | addresses of all licensees and all persons whose licenses | 6 | | have been suspended, revoked, denied renewal, or otherwise | 7 | | disciplined within the previous calendar year. These | 8 | | rosters shall be available upon written request and payment | 9 | | of the required fee as established by rule. | 10 | | (8) Work with the Office of the Comptroller and the | 11 | | Department of Public Health, Division of Vital Records to | 12 | | exchange information and request additional information | 13 | | relating to a licensed cemetery authority. | 14 | | (9) Investigate cemetery contracts, grounds, or | 15 | | employee records. | 16 | | (10) Issue licenses to those who meet the requirements | 17 | | of this Act. | 18 | | (11) Conduct investigations related to possible | 19 | | violations of this Act. | 20 | | If the Department exercises its authority to conduct | 21 | | investigations under this Section, the Department shall | 22 | | provide the cemetery authority with information sufficient to | 23 | | challenge the allegation. If the complainant consents, then the | 24 | | Department shall provide the cemetery authority with the | 25 | | identity of and contact information for the complainant so as | 26 | | to allow the cemetery authority and the complainant to resolve |
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| 1 | | the complaint directly. Except as otherwise provided in this | 2 | | Act, any complaint received by the Department and any | 3 | | information collected to investigate the complaint shall be | 4 | | maintained by the Department for the confidential use of the | 5 | | Department and shall not be disclosed. The Department may not | 6 | | disclose the information to anyone other than law enforcement | 7 | | officials or other regulatory agencies or persons that have an | 8 | | appropriate regulatory interest, as determined by the | 9 | | Secretary, or to a party presenting a lawful subpoena to the | 10 | | Department. Information and documents disclosed to a federal, | 11 | | state, county, or local law enforcement agency shall not be | 12 | | disclosed by the agency for any purpose to any other agency or | 13 | | person. A formal complaint filed against a licensee by the | 14 | | Department or any order issued by the Department against a | 15 | | licensee or applicant shall be a public record, except as | 16 | | otherwise prohibited by law.
| 17 | | (Source: P.A. 99-78, eff. 7-20-15.) | 18 | | (225 ILCS 411/5-26 new) | 19 | | Sec. 5-26. Confidentiality. All information collected by | 20 | | the Department in the course of an examination or investigation | 21 | | of a licensee or applicant, including, but not limited to, any | 22 | | complaint against a licensee filed with the Department and | 23 | | information collected to investigate any such complaint, shall | 24 | | be maintained for the confidential use of the Department and | 25 | | shall not be disclosed. The Department may not disclose the |
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| 1 | | information to anyone other than law enforcement officials, | 2 | | other regulatory agencies that have an appropriate regulatory | 3 | | interest as determined by the Director, or a party presenting a | 4 | | lawful subpoena to the Department. Information and documents | 5 | | disclosed to a federal, State, county, or local law enforcement | 6 | | agency shall not be disclosed by the agency for any purpose to | 7 | | any other agency or person. A formal complaint filed against a | 8 | | licensee by the Department or any order issued by the | 9 | | Department against a licensee or applicant shall be a public | 10 | | record, except as otherwise prohibited by law. | 11 | | (225 ILCS 411/10-20) | 12 | | (Section scheduled to be repealed on January 1, 2021)
| 13 | | Sec. 10-20. Application for original license or exemption. | 14 | | (a) Applications for original licensure as a cemetery | 15 | | authority, cemetery manager, or customer service employee | 16 | | authorized by this Act, or application for exemption from | 17 | | licensure as a cemetery authority, shall be made to the | 18 | | Department in writing on forms or electronically as prescribed | 19 | | by the Department, which shall include the applicant's Social | 20 | | Security number or FEIN number, or both, and shall be | 21 | | accompanied by the required fee that shall not be refundable. | 22 | | as set by Section 10-55 of this Act and further refined by | 23 | | rule. Applications for partial or full exemption from licensure | 24 | | as a cemetery authority shall be submitted to the Department | 25 | | within 6 months after the Department adopts rules under this |
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| 1 | | Act. If the person fails to submit the application for partial | 2 | | or full exemption within this period, the person shall be | 3 | | subject to discipline in accordance with Article 25 of this | 4 | | Act. The process for renewing a full or partial exemption shall | 5 | | be set by rule. If a cemetery authority seeks to practice at | 6 | | more than one location, it shall meet all licensure | 7 | | requirements at each location as required by this Act and by | 8 | | rule, including submission of an application and fee. All | 9 | | applications shall contain information that, in the judgment of | 10 | | the Department, will enable the Department to pass on the | 11 | | qualifications of the applicant for a license under this Act. | 12 | | (b) (Blank). | 13 | | (c) After initial licensure, if any person comes to obtain | 14 | | at least 51% of the ownership over the licensed cemetery | 15 | | authority, then the cemetery authority shall have to apply for | 16 | | a new license and receive licensure in the required time as set | 17 | | by rule. The current license remains in effect until the | 18 | | Department takes action on the application for a new license. | 19 | | (d) (Blank). All applications shall contain the | 20 | | information that, in the judgment of the Department, will | 21 | | enable the Department to pass on the qualifications of the | 22 | | applicant for an exemption from licensure or for a license to | 23 | | practice as a cemetery authority, cemetery manager, or customer | 24 | | service employee as set by rule.
| 25 | | (Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.) |
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| 1 | | (225 ILCS 411/10-21) | 2 | | (Section scheduled to be repealed on January 1, 2021)
| 3 | | Sec. 10-21. Qualifications for licensure. | 4 | | (a) A cemetery authority shall apply for licensure on forms | 5 | | prescribed by the Department and pay the required fee. An | 6 | | applicant is qualified for licensure as a cemetery authority if | 7 | | the applicant meets all of the following qualifications: | 8 | | (1) The applicant has not committed any act or offense | 9 | | in any jurisdiction that would constitute the basis for | 10 | | discipline under this Act. When considering such license, | 11 | | the Department shall take into consideration the | 12 | | following: | 13 | | (A) the applicant's record of compliance with the | 14 | | Code of Professional Conduct and Ethics, and whether | 15 | | the applicant has been found to have engaged in any | 16 | | unethical or dishonest practices in the cemetery | 17 | | business; | 18 | | (B) whether the applicant has been adjudicated, | 19 | | civilly or criminally, to have committed fraud or to | 20 | | have violated any law of any state involving unfair | 21 | | trade or business practices, has been convicted of a | 22 | | misdemeanor of which fraud is an essential element or | 23 | | which involves any aspect of the cemetery business, or | 24 | | has been convicted of any felony; | 25 | | (C) whether the applicant has willfully violated | 26 | | any provision of this Act or a predecessor law or any |
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| 1 | | regulations relating thereto; | 2 | | (D) whether the applicant has been permanently or | 3 | | temporarily suspended, enjoined, or barred by any | 4 | | court of competent jurisdiction in any state from | 5 | | engaging in or continuing any conduct or practice | 6 | | involving any aspect of the cemetery or funeral | 7 | | business; and | 8 | | (E) whether the applicant has ever had any license | 9 | | to practice any profession or occupation suspended, | 10 | | denied, fined, or otherwise acted against or | 11 | | disciplined by the applicable licensing authority. | 12 | | If the applicant is a corporation, limited liability | 13 | | company, partnership, or other entity permitted by law, | 14 | | then the Department shall determine whether each | 15 | | principal, owner, member, officer, and shareholder holding | 16 | | 25% or more of corporate stock has met the requirements of | 17 | | this item (1) of subsection (a) of this Section. | 18 | | (2) The applicant must provide a statement of its | 19 | | assets and liabilities to the Department. | 20 | | (3) The applicant has not, within the preceding 10 | 21 | | years, been convicted of or entered a plea of guilty or | 22 | | nolo contendere to (i) a Class X felony or (ii) a | 23 | | misdemeanor felony , an essential element of which was fraud | 24 | | or dishonesty under the laws of this State, another state, | 25 | | the United States, or a foreign jurisdiction that is | 26 | | directly related to the practice of cemetery operations . If |
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| 1 | | the applicant is a corporation, limited liability company, | 2 | | partnership, or other entity permitted by law, then each | 3 | | principal, owner, member, officer, and shareholder holding | 4 | | 25% or more of corporate stock has not, within the | 5 | | preceding 10 years, been convicted of or entered a plea of | 6 | | guilty or nolo contendere to (i) a Class X felony or (ii) a | 7 | | misdemeanor felony , an essential element of which was fraud | 8 | | or dishonesty under the laws of this State, another state, | 9 | | the United States, or a foreign jurisdiction that is | 10 | | directly related to the practice of cemetery operations . | 11 | | (4) The applicant shall authorize the Department to | 12 | | conduct a criminal background check that does not involve | 13 | | fingerprinting. | 14 | | (5) In the case of a person or entity applying for | 15 | | renewal of his, her, or its license, the applicant has | 16 | | complied with all other requirements of this Act and the | 17 | | rules adopted for the implementation of this Act. | 18 | | (b) The cemetery manager and customer service employees of | 19 | | a licensed cemetery authority shall apply for licensure as a | 20 | | cemetery manager or customer service employee on forms | 21 | | prescribed by the Department and pay the required fee. A person | 22 | | is qualified for licensure as a cemetery manager or customer | 23 | | service employee if he or she meets all of the following | 24 | | requirements: | 25 | | (1) Is at least 18 years of age. | 26 | | (2) Has acted in an ethical manner as set forth in |
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| 1 | | Section 10-23 of this Act. In determining qualifications of | 2 | | licensure, the Department shall take into consideration | 3 | | the factors outlined in item (1) of subsection (a) of this | 4 | | Section. | 5 | | (3) Submits proof of successful completion of a high | 6 | | school education or its equivalent as established by rule. | 7 | | (4) The applicant shall authorize the Department to | 8 | | conduct a criminal background check that does not involve | 9 | | fingerprinting. | 10 | | (5) Has not committed a violation of this Act or any | 11 | | rules adopted under this Act that, in the opinion of the | 12 | | Department, renders the applicant unqualified to be a | 13 | | cemetery manager. | 14 | | (6) Submits proof of successful completion of a | 15 | | certification course recognized by the Department for a | 16 | | cemetery manager or customer service employee, whichever | 17 | | the case may be. | 18 | | (7) Has not, within the preceding 10 years, been | 19 | | convicted of or entered a plea of guilty or nolo contendere | 20 | | to (i) a Class X felony or (ii) a misdemeanor felony , an | 21 | | essential element of which was fraud or dishonesty under | 22 | | the laws of this State, another state, the United States, | 23 | | or a foreign jurisdiction that is directly related to the | 24 | | practice of cemetery operations . | 25 | | (8) (Blank). | 26 | | (9) In the case of a person applying for renewal of his |
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| 1 | | or her license, has complied with all other requirements of | 2 | | this Act and the rules adopted for implementation of this | 3 | | Act. | 4 | | (c) Each applicant for a cemetery authority, cemetery | 5 | | manager, or customer service employee license shall authorize | 6 | | the Department to conduct a criminal background check that does | 7 | | not involve fingerprinting. The Department must, in turn, | 8 | | conduct the criminal background check on each applicant. The | 9 | | Department shall adopt rules to implement this subsection (c), | 10 | | but in no event shall the Department impose a fee upon the | 11 | | applicant for the background check.
| 12 | | (Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.) | 13 | | (225 ILCS 411/10-40) | 14 | | (Section scheduled to be repealed on January 1, 2021)
| 15 | | Sec. 10-40. Renewal, reinstatement, or restoration of | 16 | | license Expiration and renewal of license . | 17 | | (a) The expiration date and renewal period for each license | 18 | | issued under this Act shall be set by rule. The holder of a | 19 | | license may renew such license during the month preceding the | 20 | | expiration date thereof by paying the required fee. | 21 | | (b) A licensee under this Act who has permitted his or her | 22 | | license to expire or has had his or her license placed on | 23 | | inactive status may have his or her license restored by making | 24 | | application to the Department and filing proof acceptable to | 25 | | the Department of his or her fitness of having his or her |
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| 1 | | license restored, including, but not limited to, sworn evidence | 2 | | certifying to active practice in another jurisdiction | 3 | | satisfactory to the Department, and by paying the required fee | 4 | | as determined by rule. Every cemetery authority, cemetery | 5 | | manager, and customer service employee license shall expire | 6 | | every 2 years. Every registration as a fully exempt cemetery | 7 | | authority or partially exempt cemetery authority shall expire | 8 | | every 4 years. The expiration date, renewal period, and other | 9 | | requirements for each license and registration shall be further | 10 | | refined by rule.
| 11 | | (Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.) | 12 | | (225 ILCS 411/10-55) | 13 | | (Section scheduled to be repealed on January 1, 2021)
| 14 | | Sec. 10-55. Fees. | 15 | | (a) Except as provided in this Section, the fees for the | 16 | | administration and enforcement of this Act shall be set by the | 17 | | Department by rule. The fees shall be reasonable and shall not | 18 | | be refundable. | 19 | | (b) Cemetery manager applicants and customer service | 20 | | employee applicants shall pay any certification program or | 21 | | continuing education program fee directly to the entity | 22 | | offering the program. | 23 | | (c) (Blank). The Department may waive fees based upon | 24 | | hardship. | 25 | | (d) Nothing shall prohibit a cemetery authority from |
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| 1 | | paying, on behalf of its cemetery managers or customer service | 2 | | employees, their application, renewal, or restoration fees. | 3 | | (e) (Blank). All fees and other moneys collected under this | 4 | | Act shall be deposited in the Cemetery Oversight Licensing and | 5 | | Disciplinary Fund.
| 6 | | (f) The fee for application as a cemetery authority seeking | 7 | | a full exemption is $0. | 8 | | (g) The fee to renew registration as a fully exempt | 9 | | cemetery authority is $0. As provided in Section 10-40 of this | 10 | | Act and as further refined by rule, each registration as a | 11 | | fully exempt cemetery authority shall expire every 4 years. | 12 | | (h) The fee for application as a cemetery authority seeking | 13 | | a partial exemption is $150. | 14 | | (i) The fee to renew registration as a partially exempt | 15 | | cemetery authority is $150. As provided in Section 10-40 of | 16 | | this Act and as further refined by rule, each registration as a | 17 | | partially exempt cemetery authority shall expire every 4 years. | 18 | | (j) The fee for original licensure, renewal, and | 19 | | restoration as a cemetery authority not seeking a full or | 20 | | partial exemption is $75. As provided in Section 10-40 of this | 21 | | Act and as further refined by rule, each cemetery authority | 22 | | license shall expire every 2 years. | 23 | | (k) The fee for original licensure, renewal, and | 24 | | restoration as a cemetery manager is $25. As provided in | 25 | | Section 10-40 of this Act and as further refined by rule, each | 26 | | cemetery manager license shall expire every 2 years. |
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| 1 | | (l) The fee for original licensure, renewal, and | 2 | | restoration as a customer service employee is $25. As provided | 3 | | in Section 10-40 of this Act and as further refined by rule, | 4 | | each customer service employee license shall expire every 2 | 5 | | years. | 6 | | (Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.) | 7 | | (225 ILCS 411/20-8) | 8 | | (Section scheduled to be repealed on January 1, 2021)
| 9 | | Sec. 20-8. Vehicle traffic control. A cemetery authority | 10 | | shall use its reasonable best efforts to ensure that funeral | 11 | | processions entering and exiting the cemetery grounds do not | 12 | | obstruct traffic on any street for a period in excess of 10 | 13 | | minutes, except where such funeral procession is continuously | 14 | | moving or cannot be moved by reason of circumstances over which | 15 | | the cemetery authority has no reasonable control. The cemetery | 16 | | authority shall use its reasonable best efforts to help prevent | 17 | | multiple funeral processions from arriving at the cemetery | 18 | | simultaneously. Notwithstanding any provision of this Act to | 19 | | the contrary, a cemetery authority that violates the provisions | 20 | | of this Section shall be guilty of a business offense and | 21 | | punishable by a fine of not more than $500 for each offense.
| 22 | | (Source: P.A. 96-863, eff. 3-1-10.) | 23 | | (225 ILCS 411/25-3) | 24 | | (Section scheduled to be repealed on January 1, 2021)
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| 1 | | Sec. 25-3. Exemption , investigation, mediation . All | 2 | | cemetery authorities maintaining a partial exemption must | 3 | | submit to the following investigation and mediation procedure | 4 | | by the Department in the event of a consumer complaint: | 5 | | (a) Complaints to cemetery: | 6 | | (1) the cemetery authority shall make every effort to | 7 | | first resolve a consumer complaint; and
| 8 | | (2) if the complaint is not resolved, then the cemetery | 9 | | authority shall advise the consumer of his or her right to | 10 | | file a complaint with seek investigation and mediation by | 11 | | the Department. | 12 | | (b) Complaints to the Department: | 13 | | (1) if the Department receives a complaint, the | 14 | | Department shall make an initial determination as to | 15 | | whether the complaint has a reasonable basis and pertains | 16 | | to this Act;
| 17 | | (2) if the Department determines that the complaint has | 18 | | a reasonable basis and pertains to this Act, it shall | 19 | | inform the cemetery authority of the complaint and give it | 20 | | 30 days to tender a response;
| 21 | | (3) upon receiving the cemetery authority's response, | 22 | | or after the 30 days provided in subsection (2) of this | 23 | | subsection, whichever comes first, the Department shall | 24 | | attempt to resolve the complaint telephonically with the | 25 | | parties involved;
| 26 | | (4) if the complaint still is not resolved, then the |
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| 1 | | Department shall conduct an investigation and mediate the | 2 | | complaint as provided for by rule;
| 3 | | (5) if the Department conducts an on-site | 4 | | investigation and face-to-face mediation with the parties, | 5 | | then it may charge the cemetery authority a single | 6 | | investigation and mediation fee, which fee shall be set by | 7 | | rule and shall be calculated on an hourly basis; and
| 8 | | (6) if all attempts to resolve the consumer complaint | 9 | | as provided for in paragraphs (1) through (5) fail, then | 10 | | the cemetery authority may be subject to proceedings for | 11 | | penalties and discipline under this Article when it is | 12 | | determined by the Department that the cemetery authority | 13 | | may have engaged in any of the following: (i) gross | 14 | | malpractice; (ii) dishonorable, unethical, or | 15 | | unprofessional conduct of a character likely to deceive, | 16 | | defraud, or harm the public; (iii) gross, willful, or | 17 | | continued overcharging for services; (iv) incompetence; | 18 | | (v) unjustified failure to honor its contracts; or (vi) | 19 | | failure to adequately maintain its premises. The | 20 | | Department may issue a citation or institute disciplinary | 21 | | action and cause the matter to be prosecuted and may | 22 | | thereafter issue and enforce its final order as provided in | 23 | | this Act.
| 24 | | (Source: P.A. 96-863, eff. 3-1-10.) | 25 | | (225 ILCS 411/25-5) |
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| 1 | | (Section scheduled to be repealed on January 1, 2021)
| 2 | | Sec. 25-5. Citations. | 3 | | (a) The Department may adopt rules to permit the issuance | 4 | | of citations for non-frivolous complaints. The citation shall | 5 | | be issued to the licensee and shall contain the licensee's name | 6 | | and address, the licensee's license number, a brief factual | 7 | | statement, the Sections of the law allegedly violated, and the | 8 | | penalty imposed. The citation must clearly state that the | 9 | | licensee may choose, in lieu of accepting the citation, to | 10 | | request a hearing. If the licensee does not dispute the matter | 11 | | in the citation with the Department within 30 days after the | 12 | | citation is served, then the citation shall become a final | 13 | | order and shall constitute discipline. The penalty shall be a | 14 | | fine or other conditions as established by rule. | 15 | | (b) The Department shall adopt rules designating | 16 | | violations for which a citation may be issued. Such rules shall | 17 | | designate as citation violations those violations for which | 18 | | there is no substantial threat to the public health, safety, | 19 | | and welfare. Citations shall not be utilized if there was any | 20 | | significant consumer harm resulting from the violation. | 21 | | (c) A citation must be issued within 6 months after the | 22 | | reporting of a violation that is the basis for the citation. | 23 | | (d) Service of a citation may be made by personal service , | 24 | | regular mail, or email or certified mail to the licensee at the | 25 | | licensee's address of record.
| 26 | | (Source: P.A. 96-863, eff. 3-1-10.) |
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| 1 | | (225 ILCS 411/25-10) | 2 | | (Section scheduled to be repealed on January 1, 2021)
| 3 | | Sec. 25-10. Grounds for disciplinary action. | 4 | | (a) The Department may refuse to issue or renew a license | 5 | | or may revoke, suspend, place on probation, reprimand, or take | 6 | | other disciplinary or non-disciplinary action as the | 7 | | Department may deem appropriate, including imposing fines not | 8 | | to exceed $10,000 $8,000 for each violation, with regard to any | 9 | | license under this Act, for any one or combination of the | 10 | | following: | 11 | | (1) Material misstatement in furnishing information to | 12 | | the Department. | 13 | | (2) Violations of this Act , except for Section 20-8, or | 14 | | of the rules adopted under this Act . | 15 | | (3) Conviction of, or entry of a plea of guilty or nolo | 16 | | contendere to, any crime within the last 10 years that is a | 17 | | Class X felony or higher or is a felony involving fraud and | 18 | | dishonesty under the laws of the United States or any state | 19 | | or territory thereof. Conviction of or entry of a plea of | 20 | | guilty or nolo contendere, finding of guilt, jury verdict, | 21 | | or entry of judgment or sentencing, including, but not | 22 | | limited to, convictions, preceding sentences of | 23 | | supervision, conditional discharge, or first offender | 24 | | probation under the law of any jurisdiction of the United | 25 | | States that is (i) a felony or (ii) a misdemeanor, an |
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| 1 | | essential element of which is fraud or dishonesty that is | 2 | | directly related to the practice of cemetery operations. | 3 | | (4) Fraud or any misrepresentation in applying for or | 4 | | procuring a license under this Act or in connection with | 5 | | applying for renewal. Making any misrepresentation for the | 6 | | purpose of obtaining licensure or violating any provision | 7 | | of this Act or the rules adopted under this Act. | 8 | | (5) Negligence, incompetence, or misconduct in the | 9 | | practice of cemetery operations. Professional | 10 | | incompetence. | 11 | | (6) Gross malpractice.
| 12 | | (7) Aiding or assisting another person in violating any | 13 | | provision of this Act or rules adopted under this Act. | 14 | | (8) Failing, within 10 business days, to provide | 15 | | information in response to a written request made by the | 16 | | Department.
| 17 | | (9) Engaging in dishonorable, unethical, or | 18 | | unprofessional conduct of a character likely to deceive, | 19 | | defraud, or harm the public. | 20 | | (10) Habitual or excessive use or abuse of drugs | 21 | | defined in law as controlled substances, alcohol, | 22 | | narcotics, stimulants, or any other substances that | 23 | | results in the inability to practice with reasonable | 24 | | judgment, skill, or safety. Inability to practice with | 25 | | reasonable judgment, skill, or safety as a result of | 26 | | habitual or excessive use of alcohol, narcotics, |
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| 1 | | stimulants, or any other chemical agent or drug. | 2 | | (11) Discipline by another agency, state, territory, | 3 | | foreign country, the District of Columbia, the United | 4 | | States government territory , or any other government | 5 | | agency foreign nation , if at least one of the grounds for | 6 | | the discipline is the same or substantially equivalent to | 7 | | those set forth in this Act Section . | 8 | | (12) Directly or indirectly giving to or receiving from | 9 | | any person, firm, corporation, partnership, or association | 10 | | any fee, commission, rebate, or other form of compensation | 11 | | for professional services not actually or personally | 12 | | rendered. | 13 | | (13) A finding by the Department that the licensee, | 14 | | after having his or her license placed on probationary | 15 | | status, has violated the terms of probation or failed to | 16 | | comply with such terms . | 17 | | (14) Willfully making or filing false records or | 18 | | reports in his or her practice, including, but not limited | 19 | | to, false records filed with any governmental agency or | 20 | | department. | 21 | | (15) Inability to practice the profession with | 22 | | reasonable judgment, skill, or safety as a result of | 23 | | physical illness, including, but not limited to, | 24 | | deterioration through the aging process, loss of motor | 25 | | skill, mental illness, or disability . | 26 | | (16) Failure to comply with an order, decision, or |
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| 1 | | finding of the Department made pursuant to this Act. | 2 | | (17) Directly or indirectly receiving compensation for | 3 | | any professional services not actually performed. | 4 | | (18) Practicing under a false or, except as provided by | 5 | | law, an assumed name.
| 6 | | (19) Using or attempting to use an expired, inactive, | 7 | | suspended, or revoked license or impersonating another | 8 | | licensee. Fraud or misrepresentation in applying for, or | 9 | | procuring, a license under this Act or in connection with | 10 | | applying for renewal of a license under this Act. | 11 | | (20) A finding by the Department that an applicant or | 12 | | licensee has failed to pay a fine imposed by the | 13 | | Department. Cheating on or attempting to subvert the | 14 | | licensing examination administered under this Act. | 15 | | (21) Unjustified failure to honor its contracts.
| 16 | | (22) Negligent supervision of a cemetery manager, | 17 | | customer service employee, employee, or independent | 18 | | contractor.
| 19 | | (23) (Blank). A pattern of practice or other behavior | 20 | | which demonstrates incapacity or incompetence to practice | 21 | | under this Act. | 22 | | (24) (Blank). Allowing an individual who is not, but is | 23 | | required to be, licensed under this Act to perform work for | 24 | | the cemetery authority. | 25 | | (25) (Blank). | 26 | | (b) (Blank). No action may be taken under this Act against |
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| 1 | | a person licensed under this Act unless the action is commenced | 2 | | within 5 years after the occurrence of the alleged violations, | 3 | | except for a violation of item (3) of subsection (a) of this | 4 | | Section. If a person licensed under this Act violates item (3) | 5 | | of subsection (a) of this Section, then the action may commence | 6 | | within 10 years after the occurrence of the alleged violation. | 7 | | A continuing violation shall be deemed to have occurred on the | 8 | | date when the circumstances last existed that give rise to the | 9 | | alleged violation.
| 10 | | (c) In enforcing this Section, the Department, upon a | 11 | | showing of a possible violation, may order a licensee or | 12 | | applicant to submit to a mental or physical examination, or | 13 | | both, at the expense of the Department. The Department may | 14 | | order the examining physician to present testimony concerning | 15 | | his or her examination of the licensee or applicant. No | 16 | | information shall be excluded by reason of any common law or | 17 | | statutory privilege relating to communications between the | 18 | | licensee or applicant and the examining physician. The | 19 | | examining physicians shall be specifically designated by the | 20 | | Department. The licensee or applicant may have, at his or her | 21 | | own expense, another physician of his or her choice present | 22 | | during all aspects of the examination. Failure of a licensee or | 23 | | applicant to submit to any such examination when directed, | 24 | | without reasonable cause, shall be grounds for either immediate | 25 | | suspending of his or her license or immediate denial of his or | 26 | | her application. |
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| 1 | | (1) If the Secretary immediately suspends the license | 2 | | of a licensee for his or her failure to submit to a mental | 3 | | or physical examination when directed, a hearing must be | 4 | | convened by the Department within 15 days after the | 5 | | suspension and completed without appreciable delay. | 6 | | (2) If the Secretary otherwise suspends a license | 7 | | pursuant to the results of the licensee's mental or | 8 | | physical examination, a hearing must be convened by the | 9 | | Department within 15 days after the suspension and | 10 | | completed without appreciable delay. The Department shall | 11 | | have the authority to review the licensee's record of | 12 | | treatment and counseling regarding the relevant impairment | 13 | | or impairments to the extent permitted by applicable | 14 | | federal statutes and regulations safeguarding the | 15 | | confidentiality of medical records. | 16 | | (3) Any licensee suspended under this subsection | 17 | | (c)shall be afforded an opportunity to demonstrate to the | 18 | | Department that he or she can resume practice in compliance | 19 | | with the acceptable and prevailing standards under the | 20 | | provisions of his or her license. | 21 | | (d) The determination by a circuit court that a licensee is | 22 | | subject to involuntary admission or judicial admission, as | 23 | | provided in the Mental Health and Developmental Disabilities | 24 | | Code, operates as an automatic suspension. Such suspension may | 25 | | end only upon a finding by a court that the patient is no | 26 | | longer subject to involuntary admission or judicial admission, |
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| 1 | | the issuance of an order so finding and discharging the | 2 | | patient, and the filing of a petition for restoration | 3 | | demonstrating fitness to practice. | 4 | | (e) In cases where the Department of Healthcare and Family | 5 | | Services has previously determined that a licensee or a | 6 | | potential licensee is more than 30 days delinquent in the | 7 | | payment of child support and has subsequently certified the | 8 | | delinquency to the Department, the Department shall refuse to | 9 | | issue or renew or shall revoke or suspend that person's license | 10 | | or shall take other disciplinary action against that person | 11 | | based solely upon the certification of delinquency made by the | 12 | | Department of Healthcare and Family Services in accordance with | 13 | | subdivision (a)(5) of Section 2105-15 of the Department of | 14 | | Professional Regulation Law of the Civil Administrative Code of | 15 | | Illinois. | 16 | | (f) The Department shall refuse to issue or renew or shall | 17 | | revoke or suspend a person's license or shall take other | 18 | | disciplinary action against that person for his or her failure | 19 | | to file a return, to pay the tax, penalty, or interest shown in | 20 | | a filed return, or to pay any final assessment of tax, penalty, | 21 | | or interest as required by any tax Act administered by the | 22 | | Department of Revenue, until the requirements of the tax Act | 23 | | are satisfied in accordance with subsection (g) of Section | 24 | | 2105-15 of the Department of Professional Regulation Law of the | 25 | | Civil Administrative Code of Illinois. | 26 | | (Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.) |
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| 1 | | (225 ILCS 411/25-15) | 2 | | (Section scheduled to be repealed on January 1, 2021)
| 3 | | Sec. 25-15. Injunction; cease Cease and desist order . | 4 | | (a) If any person or entity violates a provision of this | 5 | | Act, the Secretary may, in the name of the People of the State | 6 | | of Illinois, through the Attorney General of the State of | 7 | | Illinois, petition for an order enjoining such violation or for | 8 | | an order enforcing compliance with this Act. Upon the filing of | 9 | | a verified petition in such court, the court may issue a | 10 | | temporary restraining order, without notice or bond, and may | 11 | | preliminarily and permanently enjoin such violation. If it is | 12 | | established that such person or entity has violated or is | 13 | | violating the injunction, the court may punish the offender for | 14 | | contempt of court. Proceedings under this Section are in | 15 | | addition to, and not in lieu of, all other remedies and | 16 | | penalties provided by this Act. The Secretary may issue an | 17 | | order to cease and desist to any licensee or other person doing | 18 | | business without the required license when, in the opinion of | 19 | | the Secretary, the licensee or other person is violating or is | 20 | | about to violate any provision of this Act or any rule or | 21 | | requirement imposed in writing by the Department. | 22 | | (b) Whenever in the opinion of the Department any person or | 23 | | entity violates any provision of this Act, the Department may | 24 | | issue a rule to show cause why an order to cease and desist | 25 | | should not be entered against them. The rule shall clearly set |
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| 1 | | forth the grounds relied upon by the Department and shall | 2 | | provide a period of 7 days from the date of the rule to file an | 3 | | answer to the satisfaction of the Department. Failure to answer | 4 | | to the satisfaction of the Department shall cause an order to | 5 | | cease and desist to be issued immediately. The Secretary may | 6 | | issue an order to cease and desist prior to a hearing and such | 7 | | order shall be in full force and effect until a final | 8 | | administrative order is entered.
| 9 | | (c) The Secretary shall serve notice of his or her action, | 10 | | designated as an order to cease and desist made pursuant to | 11 | | this Section, including a statement of the reasons for the | 12 | | action, either personally or by certified mail, return receipt | 13 | | requested. Service by certified mail shall be deemed completed | 14 | | when the notice is deposited in the United States mail and sent | 15 | | to the address of record or, in the case of unlicensed | 16 | | activity, the address known to the Department. | 17 | | (d) Within 15 days after service of the order to cease and | 18 | | desist, the licensee or other person may request, in writing, a | 19 | | hearing. | 20 | | (e) The Secretary shall schedule a hearing within 30 days | 21 | | after the request for a hearing unless otherwise agreed to by | 22 | | the parties. | 23 | | (f) The Secretary shall have the authority to prescribe | 24 | | rules for the administration of this Section. | 25 | | (g) If, after hearing, it is determined that the Secretary | 26 | | has the authority to issue the order to cease and desist, he or |
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| 1 | | she may issue such orders as may be reasonably necessary to | 2 | | correct, eliminate, or remedy such conduct. | 3 | | (h) The powers vested in the Secretary by this Section are | 4 | | additional to any and all other powers and remedies vested in | 5 | | the Secretary by law and nothing in this Section shall be | 6 | | construed as requiring that the Secretary shall employ the | 7 | | power conferred in this Section instead of or as a condition | 8 | | precedent to the exercise of any other power or remedy vested | 9 | | in the Secretary.
| 10 | | (Source: P.A. 96-863, eff. 3-1-10.) | 11 | | (225 ILCS 411/25-25) | 12 | | (Section scheduled to be repealed on January 1, 2021)
| 13 | | Sec. 25-25. Investigations, notice, hearings. | 14 | | (a) The Department may investigate the actions of any | 15 | | applicant or of any person or entity holding or claiming to | 16 | | hold a license under this Act. The Department may at any time | 17 | | investigate the actions of any applicant or of any person or | 18 | | persons rendering or offering to render services as a cemetery | 19 | | authority, cemetery manager, or customer service employee of or | 20 | | any person holding or claiming to hold a license as a licensed | 21 | | cemetery authority, cemetery manager, or customer service | 22 | | employee. If it appears to the Department that a person has | 23 | | engaged in, is engaging in, or is about to engage in any | 24 | | practice declared to be unlawful by this Act, then the | 25 | | Department may: (1) require that person to file on such terms |
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| 1 | | as the Department prescribes a statement or report in writing, | 2 | | under oath or otherwise, containing all information the | 3 | | Department may consider necessary to ascertain whether a | 4 | | licensee is in compliance with this Act, or whether an | 5 | | unlicensed person is engaging in activities for which a license | 6 | | is required; (2) examine under oath any individual in | 7 | | connection with the books and records pertaining to or having | 8 | | an impact upon the operation of a cemetery; (3) examine any | 9 | | books and records of the licensee that the Department may | 10 | | consider necessary to ascertain compliance with this Act; and | 11 | | (4) require the production of a copy of any record, book, | 12 | | document, account, or paper that is produced in accordance with | 13 | | this Act and retain it in his or her possession until the | 14 | | completion of all proceedings in connection with which it is | 15 | | produced. | 16 | | (b) The Department shall, before disciplining an applicant | 17 | | or licensee, at least 30 days prior to the date set for the | 18 | | hearing: (i) notify, in writing, the accused of the charges | 19 | | made and the time and place for the hearing on the charges, | 20 | | (ii) direct him or her to file a written answer to the charges | 21 | | under oath within 20 days after service of the notice, and | 22 | | (iii) inform the applicant or licensee that failure to file an | 23 | | answer will result in a default being entered against the | 24 | | applicant or licensee. The Secretary may, after 10 days notice | 25 | | by certified mail with return receipt requested to the licensee | 26 | | at the address of record or to the last known address of any |
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| 1 | | other person stating the contemplated action and in general the | 2 | | grounds therefor, fine such licensee an amount not exceeding | 3 | | $10,000 per violation or revoke, suspend, refuse to renew, | 4 | | place on probation, or reprimand any license issued under this | 5 | | Act if he or she finds that:
| 6 | | (1) the licensee has failed to comply with any | 7 | | provision of this Act or any order, decision, finding, | 8 | | rule, regulation, or direction of the Secretary lawfully | 9 | | made pursuant to the authority of this Act; or
| 10 | | (2) any fact or condition exists which, if it had | 11 | | existed at the time of the original application for the | 12 | | license, clearly would have warranted the Secretary in | 13 | | refusing to issue the license.
| 14 | | (c) Written or electronic notice, and any notice in the | 15 | | subsequent proceedings, may be served by personal delivery, by | 16 | | email, or by mail to the applicant or licensee at his or her | 17 | | address of record or email address of record. The Secretary may | 18 | | fine, revoke, suspend, refuse to renew, place on probation, | 19 | | reprimand, or take any other disciplinary action as to the | 20 | | particular license with respect to which grounds for the fine, | 21 | | revocation, suspension, refuse to renew, probation, or | 22 | | reprimand, or other disciplinary action occur or exist, but if | 23 | | the Secretary finds that grounds for revocation are of general | 24 | | application to all offices or to more than one office of the | 25 | | licensee, the Secretary shall fine, revoke, suspend, refuse to | 26 | | renew, place on probation, reprimand, or otherwise discipline |
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| 1 | | every license to which such grounds apply. | 2 | | (d) At the time and place fixed in the notice, the hearing | 3 | | officer appointed by the Secretary shall proceed to hear the | 4 | | charges and the parties or their counsel shall be accorded | 5 | | ample opportunity to present any statement, testimony, | 6 | | evidence, and argument as may be pertinent to the charges or to | 7 | | their defense. The hearing officer may continue the hearing | 8 | | from time to time. In every case in which a license is revoked, | 9 | | suspended, placed on probation, reprimanded, or otherwise | 10 | | disciplined, the Secretary shall serve the licensee with notice | 11 | | of his or her action, including a statement of the reasons for | 12 | | his or her actions, either personally or by certified mail, | 13 | | return receipt requested. Service by certified mail shall be | 14 | | deemed completed when the notice is deposited in the United | 15 | | States mail and sent to the address of record. | 16 | | (e) In case the licensee or applicant, after receiving the | 17 | | notice, fails to file an answer, his or her license may, in the | 18 | | discretion of the Secretary, be suspended, revoked, or placed | 19 | | on probationary status, or be subject to whatever disciplinary | 20 | | action the Secretary considers proper, including limiting the | 21 | | scope, nature, or extent of the person's practice or imposition | 22 | | of a fine, without hearing, if the act or acts charges | 23 | | constitute sufficient grounds for the action under this Act. An | 24 | | order assessing a fine, an order revoking, suspending, placing | 25 | | on probation, or reprimanding a license or, an order denying | 26 | | renewal of a license shall take effect upon service of the |
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| 1 | | order unless the licensee requests, in writing, within 20 days | 2 | | after the date of service, a hearing. In the event a hearing is | 3 | | requested, an order issued under this Section shall be stayed | 4 | | until a final administrative order is entered. | 5 | | (f) If the licensee requests a hearing, then the Secretary | 6 | | shall schedule a hearing within 30 days after the request for a | 7 | | hearing unless otherwise agreed to by the parties. The | 8 | | Secretary shall have the authority to appoint an attorney duly | 9 | | licensed to practice law in the State of Illinois to serve as | 10 | | the hearing officer in any disciplinary action with regard to a | 11 | | license. The hearing officer shall have full authority to | 12 | | conduct the hearing. | 13 | | (g) The hearing shall be held at the time and place | 14 | | designated by the Secretary. | 15 | | (h) The Secretary shall have the authority to prescribe | 16 | | rules for the administration of this Section. | 17 | | (i) Fines imposed and any costs assessed shall be paid | 18 | | within 60 days.
| 19 | | (Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.) | 20 | | (225 ILCS 411/25-26 new) | 21 | | Sec. 25-26. Hearing officer. Notwithstanding any provision | 22 | | of this Act, the Secretary has the authority to appoint an | 23 | | attorney duly licensed to practice law in the State of Illinois | 24 | | to serve as the hearing officer in any action for refusal to | 25 | | issue or renew a license or discipline a license. The hearing |
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| 1 | | officer shall have full authority to conduct the hearing. The | 2 | | hearing officer shall report his or her findings of fact, | 3 | | conclusions of law, and recommendations to the Board and the | 4 | | Secretary. | 5 | | (225 ILCS 411/25-30) | 6 | | (Section scheduled to be repealed on January 1, 2021)
| 7 | | Sec. 25-30. Hearing; motion for rehearing Consent order . | 8 | | (a) The hearing officer appointed by the Secretary shall | 9 | | hear evidence in support of the formal charges and evidence | 10 | | produced by the licensee. At the conclusion of the hearing, the | 11 | | hearing officer shall present to the Board and the Secretary a | 12 | | written report of his or her findings of fact, conclusions of | 13 | | law, and recommendations. The Board shall review the report of | 14 | | the hearing officer and record and issue its own report | 15 | | adopting, rejecting, or modifying the hearing officer's | 16 | | finding of fact, conclusion of law, and recommendations. If the | 17 | | Board fails to present its report, the applicant or licensee | 18 | | may request in writing a direct appeal to the Secretary, in | 19 | | which case the Secretary may issue an order based upon the | 20 | | report of the hearing officer and the record of the proceedings | 21 | | or issue an order remanding the matter back to the hearing | 22 | | officer for additional proceedings in accordance with the | 23 | | order. | 24 | | (b) After the Board has issued its report, a copy of the | 25 | | Board's report and the hearing officer's report shall be served |
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| 1 | | upon the applicant or licensee, either personally or as | 2 | | provided in this Act for the service of the notice of hearing. | 3 | | Within 20 calendar days after such service, the applicant or | 4 | | licensee may present to the Department a motion, in writing, | 5 | | for a rehearing which shall specify the particular grounds for | 6 | | rehearing. The Department may respond to the motion for | 7 | | rehearing within 20 calendar days after its service on the | 8 | | Department. If no motion for rehearing is filed, then upon the | 9 | | expiration of the time specified for filing such a motion, or | 10 | | upon denial of a motion for rehearing, the Secretary may enter | 11 | | an order in accordance with the recommendations of the Board or | 12 | | hearing officer. If the applicant or licensee orders from the | 13 | | reporting service and pays for a transcript of the record | 14 | | within the time for filing a motion for rehearing, the 20 | 15 | | calendar day period within which a motion may be filed shall | 16 | | commence upon delivery of the transcript to the applicant or | 17 | | licensee. | 18 | | (c) If the Secretary disagrees in any regard with the | 19 | | report of Board, the Secretary may issue an order contrary to | 20 | | the report. | 21 | | (d) Whenever the Secretary is not satisfied that | 22 | | substantial justice has been done, the Secretary may order a | 23 | | hearing by the same or another hearing officer. | 24 | | (e) At any point in any investigation or disciplinary | 25 | | proceeding provided for in this Act, both parties may agree to | 26 | | a negotiated consent order. The consent order shall be final |
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| 1 | | upon signature of the Secretary. | 2 | | At any point in any investigation or disciplinary proceeding | 3 | | provided for in this Act, both parties may agree to a | 4 | | negotiated consent order. The consent order shall be final upon | 5 | | signature of the Secretary.
| 6 | | (Source: P.A. 96-863, eff. 3-1-10.) | 7 | | (225 ILCS 411/25-35) | 8 | | (Section scheduled to be repealed on January 1, 2021)
| 9 | | Sec. 25-35. Record of proceedings ; transcript . | 10 | | (a) The Department, at its expense, shall provide a | 11 | | certified shorthand reporter to take down the testimony and | 12 | | preserve a record of all proceedings at the hearing of any case | 13 | | in which a licensee may be revoked, suspended, placed on | 14 | | probationary status, reprimanded, fined, or subjected to other | 15 | | disciplinary action with reference to the license when a | 16 | | disciplinary action is authorized under this Act and rules. The | 17 | | notice of hearing, complaint, and all other documents in the | 18 | | nature of pleadings and written portions filed in the | 19 | | proceedings, the transcript of the testimony, the report of the | 20 | | hearing officer, and the orders of the Department shall be the | 21 | | record of the proceedings. The record may be made available to | 22 | | any person interested in the hearing upon payment of the fee | 23 | | required by Section 2105-115 of the Department of Professional | 24 | | Regulation Law shall preserve a record of all proceedings at | 25 | | the formal hearing of any case. Any notice, all documents in |
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| 1 | | the nature of pleadings, written motions filed in the | 2 | | proceedings, the transcripts of testimony, and orders of the | 3 | | Department shall be in the record of the proceeding .
| 4 | | (b) The Department may contract for court reporting | 5 | | services, and, in the event it does so, the Department shall | 6 | | provide the name and contact information for the certified | 7 | | shorthand reporter who transcribed the testimony at a hearing | 8 | | to any person interested, who may obtain a copy of the | 9 | | transcript of any proceedings at a hearing upon payment of the | 10 | | fee specified by the certified shorthand reporter. | 11 | | (Source: P.A. 96-863, eff. 3-1-10.) | 12 | | (225 ILCS 411/25-90) | 13 | | (Section scheduled to be repealed on January 1, 2021)
| 14 | | Sec. 25-90. Restoration of license from discipline. | 15 | | (a) At any time after the successful completion of a term | 16 | | of indefinite probation, suspension, or revocation of a license | 17 | | under this Act , the Department may restore the license to the | 18 | | licensee, unless after an investigation and a hearing the | 19 | | Secretary determines that restoration is not in the public | 20 | | interest.
| 21 | | (b) Where circumstances of suspension or revocation so | 22 | | indicate, the Department may require an examination of the | 23 | | licensee prior to restoring his or her license. | 24 | | (c) No person whose license has been revoked as authorized | 25 | | in this Act may apply for restoration of that license until |
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| 1 | | such time as provided for in the Civil Administrative Code of | 2 | | Illinois. | 3 | | (d) A license that has been suspended or revoked shall be | 4 | | considered non-renewed for purposes of restoration and a | 5 | | licensee restoring his or her license from suspension or | 6 | | revocation must comply with the requirements for restoration as | 7 | | set forth in Section 10-40. | 8 | | (Source: P.A. 96-863, eff. 3-1-10.) | 9 | | (225 ILCS 411/25-95) | 10 | | (Section scheduled to be repealed on January 1, 2021)
| 11 | | Sec. 25-95. Administrative review; venue. | 12 | | (a) All final administrative decisions of the Department | 13 | | are subject to judicial review under the Administrative Review | 14 | | Law and its rules. The term "administrative decision" is | 15 | | defined as in Section 3-101 of the Code of Civil Procedure. | 16 | | (b) Proceedings for judicial review shall be commenced in | 17 | | the circuit court of the county in which the party applying for | 18 | | review resides, but if the party is not a resident of Illinois, | 19 | | the venue shall be in Sangamon County.
| 20 | | (c) The Department shall not be required to certify any | 21 | | record to the court or file any answer in court, or to | 22 | | otherwise appear in any court in a judicial review proceeding, | 23 | | unless and until the Department has received from the plaintiff | 24 | | payment of the costs of furnishing and certifying the record, | 25 | | which costs shall be determined by the Department. |
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| 1 | | (d) Failure on the part of the plaintiff to file a receipt | 2 | | in court shall be grounds for dismissal of the action. | 3 | | (Source: P.A. 96-863, eff. 3-1-10.) | 4 | | (225 ILCS 411/25-105) | 5 | | (Section scheduled to be repealed on January 1, 2021)
| 6 | | Sec. 25-105. Unlicensed practice; violations; civil | 7 | | penalty Violations . | 8 | | (a) Any person who practices, offers to practice, attempts | 9 | | to practice, or hold himself or herself out as being able to | 10 | | engage in cemetery operations without being licensed or exempt | 11 | | under this Act shall, in addition to any other penalty provided | 12 | | by law, pay a civil penalty to the Department in an amount not | 13 | | to exceed $10,000 for each offense, as determined by the | 14 | | Department. The civil penalty shall be assessed by the | 15 | | Department after a hearing is held in accordance with the | 16 | | provision set forth in this Act regarding the provision of a | 17 | | hearing for the discipline of a licensee. | 18 | | (b) The Department may investigate any actual, alleged, or | 19 | | suspected unlicensed activity. | 20 | | (c) The civil penalty shall be paid within 60 days after | 21 | | the effective date of the order imposing the civil penalty. The | 22 | | order shall constitute a judgment and may be filed and | 23 | | execution had thereon in the same manner as any judgment from | 24 | | any court of record. | 25 | | (d) A person or entity not registered under this Act who |
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| 1 | | has violated any provision of this Act or its rules is guilty | 2 | | of a Class A misdemeanor for the first offense and a Class 4 | 3 | | felony for a second and subsequent offenses. | 4 | | Each of the following acts is a Class A misdemeanor for the | 5 | | first offense and a Class 4 felony for each subsequent offense: | 6 | | (1) the practice of or attempted practice of or holding | 7 | | out as available to practice as a cemetery authority, | 8 | | cemetery manager, or customer service employee without a | 9 | | license; or | 10 | | (2) the obtaining of or the attempt to obtain any | 11 | | license or authorization under this Act by fraud or | 12 | | misrepresentation.
| 13 | | (Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.) | 14 | | (225 ILCS 411/25-115) | 15 | | (Section scheduled to be repealed on January 1, 2021)
| 16 | | Sec. 25-115. Illinois Administrative Procedure Act; | 17 | | application. The Illinois Administrative Procedure Act is | 18 | | expressly adopted and incorporated in this Act as if all of the | 19 | | provisions of that Act were included in this Act, except that | 20 | | the provision of paragraph (d) of Section 10-65 of the Illinois | 21 | | Administrative Procedure Act, which provides that at hearings | 22 | | the licensee has the right to show compliance with all lawful | 23 | | requirements for retention or continuation or renewal of the | 24 | | license, is specifically excluded. The Department shall not be | 25 | | required to annually verify email addresses as specified in |
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| 1 | | paragraph (a) of subsection (2) of Section 10-75 of the | 2 | | Illinois Administrative Procedure Act. For the purpose of this | 3 | | Act, the notice required under Section 10-25 of the Illinois | 4 | | Administrative Procedure Act is considered sufficient when | 5 | | mailed to the address of record.
| 6 | | (Source: P.A. 96-863, eff. 3-1-10.) | 7 | | (225 ILCS 411/25-125) | 8 | | (Section scheduled to be repealed on January 1, 2021)
| 9 | | Sec. 25-125. Board Cemetery Oversight Board . | 10 | | (a) The Secretary shall appoint the Cemetery Oversight | 11 | | Board. The Board shall consist of 7 members who shall serve in | 12 | | an advisory capacity to the Secretary. Four The Cemetery | 13 | | Oversight Board is created and shall consist of the Secretary, | 14 | | who shall serve as its chairperson, and 8 members appointed by | 15 | | the Secretary. Appointments shall be made within 90 days after | 16 | | the effective date of this Act. Three members shall represent | 17 | | the segment of the cemetery industry that does not maintain a | 18 | | partial exemption or full exemption, one member shall represent | 19 | | the segment of the cemetery industry that maintains a partial | 20 | | exemption as a public cemetery, and one member shall represent | 21 | | the segment of the cemetery industry that maintains a partial | 22 | | exemption as a religious cemetery , 2 members shall be consumers | 23 | | as defined in this Act, and one member shall represent the | 24 | | general public . In addition to the 6 members from the cemetery | 25 | | industry, there shall be one public member. The public member |
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| 1 | | shall be a voting member, not licensed under this Act, and | 2 | | shall not have any affiliation with the death care industry. No | 3 | | member shall be a licensed professional from a non-cemetery | 4 | | segment of the death care industry. Board members shall serve | 5 | | 5-year terms and until their successors are appointed and | 6 | | qualified. The membership of the Board should reasonably | 7 | | reflect representation from the geographic areas in this State. | 8 | | No member shall be reappointed to the Board for a term that | 9 | | would cause his or her continuous service on the Board to be | 10 | | longer than 10 successive years. Appointments to fill vacancies | 11 | | shall be made in the same manner as original appointments, for | 12 | | the unexpired portion of the vacated term. Five members of the | 13 | | Board shall constitute a quorum. A quorum is required for Board | 14 | | decisions. The Secretary may remove any member of the Board for | 15 | | misconduct, incompetence, neglect of duty, or for reasons | 16 | | prescribed by law for removal of State officials. The Secretary | 17 | | may remove a member of the Board who does not attend 2 | 18 | | consecutive meetings. The Department may, at any time, seek the | 19 | | expert advice and knowledge of the Board on any matter relating | 20 | | to the administration or enforcement of this Act. The Secretary | 21 | | shall consider the recommendations of the Board in the | 22 | | development of proposed rules under this Act and in the | 23 | | approval of entities seeking to offer certification programs to | 24 | | cemetery manager applicants and customer service employee | 25 | | applicants. Notice of any proposed rulemaking under this Act | 26 | | and applications submitted by entities seeking to offer |
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| 1 | | certification programs shall be transmitted to the Board and | 2 | | the Department shall review the response of the Board and any | 3 | | recommendations made therein.
| 4 | | (b) Board members shall serve 5-year terms and serve until | 5 | | their successors are appointed and qualified. | 6 | | (c) In appointing members to the Board, the Secretary shall | 7 | | give due consideration to recommendations by members and | 8 | | organizations of the cemetery industry. | 9 | | (d) The membership of the Board should reasonably reflect | 10 | | representation from the geographic areas in this State. | 11 | | (e) No member shall be appointed to the Board for a term | 12 | | that would cause his or her continuous service on the Board to | 13 | | be longer than 2 consecutive 5-year terms. | 14 | | (f) The Secretary may terminate the appointment of any | 15 | | member for cause which, in the opinion of the Secretary, | 16 | | reasonably justified such termination, including, but not | 17 | | limited to, failure to attend 2 consecutive meetings. | 18 | | (g) Appointments to fill vacancies shall be made in the | 19 | | same manner as original appointments, for the unexpired portion | 20 | | of the vacated term. | 21 | | (h) Four members of the Board shall constitute a quorum. A | 22 | | quorum is required for Board decisions. | 23 | | (i) Notice of proposed rulemaking shall be transmitted to | 24 | | the Board and the Department shall review the response of the | 25 | | Board and any recommendations made therein. | 26 | | (j) Members of the Board shall have no liability in any |
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| 1 | | action based upon activity performed in good faith as members | 2 | | of the Board. | 3 | | (k) Members of the Board may be reimbursed for all | 4 | | legitimate, necessary, and authorized expenses. | 5 | | (Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.) | 6 | | (225 ILCS 411/25-126 new) | 7 | | Sec. 25-126. Powers and duties of the Board. Subject to the | 8 | | provisions of this Act, the Board shall exercise the following | 9 | | functions, powers, and duties: | 10 | | (1) The Board shall hold at least 3 regular meetings | 11 | | each year. | 12 | | (2) The Board shall annually elect a Chairperson and a | 13 | | Vice Chairperson who shall be licensed under this Act. | 14 | | (3) The Board, upon request by the Department, may make | 15 | | an evaluation to determine if certification programs to | 16 | | cemetery manager applicants and customer service employee | 17 | | applicants conform to the requirements as set forth in the | 18 | | rules. | 19 | | (4) The Department may, at any time, seek the expert | 20 | | advice and knowledge of the Board on any matter relating to | 21 | | the enforcement of this Act. | 22 | | (5) The Board shall assist the Department in conducting | 23 | | oral interviews, disciplinary conferences, informal | 24 | | conferences, and formal evidentiary hearings. |
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| 1 | | (225 ILCS 411/35-5) | 2 | | (Section scheduled to be repealed on January 1, 2021)
| 3 | | Sec. 35-5. Penalties. Cemetery authorities shall respect | 4 | | the rights of consumers of cemetery products and services as | 5 | | put forth in this Article. Failure to abide by the cemetery | 6 | | duties listed in this Article or to comply with a request by a | 7 | | consumer based on a consumer's privileges under this Article | 8 | | may activate the mediation, citation, or disciplinary | 9 | | processes in Article 25 of this Act.
| 10 | | (Source: P.A. 96-863, eff. 3-1-10.)
| 11 | | (225 ILCS 411/10-39 rep.) | 12 | | (225 ILCS 411/25-1 rep.) | 13 | | (225 ILCS 411/25-50 rep.) | 14 | | (225 ILCS 411/25-55 rep.) | 15 | | (225 ILCS 411/25-60 rep.) | 16 | | (225 ILCS 411/25-100 rep.) | 17 | | (225 ILCS 411/25-110 rep.) | 18 | | (225 ILCS 411/25-120 rep.) | 19 | | (225 ILCS 411/75-20 rep.) | 20 | | (225 ILCS 411/75-35 rep.) | 21 | | Section 20. The Cemetery Oversight Act is amended by | 22 | | repealing Sections 10-39, 25-1, 25-50, 25-55, 25-60, 25-100, | 23 | | 25-110, 25-120, 75-20, and 75-35. | 24 | | Section 99. Effective date. This Act takes effect upon |
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| 1 | | becoming law.".
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