Illinois General Assembly - Full Text of SB0654
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Full Text of SB0654  101st General Assembly

SB0654ham002 101ST GENERAL ASSEMBLY

Rep. Jay Hoffman

Filed: 5/20/2019

 

 


 

 


 
10100SB0654ham002LRB101 04415 AMC 60877 a

1
AMENDMENT TO SENATE BILL 654

2    AMENDMENT NO. ______. Amend Senate Bill 654, AS AMENDED, by
3replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Regulatory Sunset Act is amended by
6changing Section 4.30 and by adding Section 4.40 as follows:
 
7    (5 ILCS 80/4.30)
8    Sec. 4.30. Acts repealed on January 1, 2020. The following
9Acts are repealed on January 1, 2020:
10    The Auction License Act.
11    The Community Association Manager Licensing and
12Disciplinary Act.
13    The Illinois Architecture Practice Act of 1989.
14    The Illinois Landscape Architecture Act of 1989.
15    The Illinois Professional Land Surveyor Act of 1989.
16    The Orthotics, Prosthetics, and Pedorthics Practice Act.

 

 

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1    The Perfusionist Practice Act.
2    The Pharmacy Practice Act.
3    The Professional Engineering Practice Act of 1989.
4    The Real Estate License Act of 2000.
5    The Structural Engineering Practice Act of 1989.
6(Source: P.A. 100-497, eff. 9-8-17; 100-534, eff. 9-22-17;
7100-863, eff. 8-14-18.)
 
8    (5 ILCS 80/4.40 new)
9    Sec. 4.40. Act repealed on January 1, 2030. The following
10Act is repealed on January 1, 2030:
11    The Professional Engineering Practice Act of 1989.
 
12    Section 10. The Professional Engineering Practice Act of
131989 is amended by changing Sections 3, 4, 5, 6, 7, 8, 9, 10,
1411, 12, 14, 15, 16, 17, 17.5, 18, 19, 20, 23, 24, 25, 26, 27,
1527.5, 29, 32, 33, 34, 37, 41, 44, 45, 47, and 48 and by adding
16Sections 4.5, 18.5, 20.5, 20.10, and 31.5 as follows:
 
17    (225 ILCS 325/3)  (from Ch. 111, par. 5203)
18    (Section scheduled to be repealed on January 1, 2020)
19    Sec. 3. Application of the Act; exemptions Exemptions.
20    (a) Nothing in this Act shall be construed to prevent the
21practice of structural engineering as defined in the Structural
22Engineering Practice Act of 1989 or the practice of
23architecture as defined in the Illinois Architecture Practice

 

 

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1Act of 1989 or the regular and customary practice of
2construction contracting and construction management as
3performed by construction contractors.
4    (b) Nothing in this Act shall be construed to prevent the
5regular and customary practice of a private alarm contractor
6licensed pursuant to the Private Detective, Private Alarm,
7Private Security, Fingerprint Vendor, and Locksmith Act of
82004.
9    (c) Nothing in this Act shall be construed to prevent a
10fire sprinkler contractor licensed under the Fire Sprinkler
11Contractor Licensing Act from providing fire protection system
12layout documents. For the purpose of this subsection (c), "fire
13protection system layout documents" means layout drawings,
14catalog information on standard products, and other
15construction data that provide detail on the location of
16risers, cross mains, branch lines, sprinklers, piping per
17applicable standard, and hanger locations. Fire protection
18system layout documents serve as a guide for fabrication and
19installation of a fire sprinkler system.
20    (d) A building permit for a building that requires a fire
21suppression system shall not be issued without the submission
22of a technical submission prepared and sealed by a licensed
23design professional. Fire protection system layout documents
24do not require an engineering seal if prepared by a technician
25who holds a valid NICET level 3 or 4 certification in fire
26protection technology, automatic sprinkler system layout. An

 

 

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1authority having jurisdiction may not accept fire protection
2system layout documents in lieu of technical submissions. Fire
3protection system layout documents may be submitted as
4supporting documents to supplement technical submissions.
5However, in the event the fire protection system layout
6documents materially alter the technical submissions, the
7authority having jurisdiction shall return both the fire
8protection layout documents and technical submissions to the
9licensed design professional for review.
10    (e) Nothing in this Act shall prevent:
11        (1) Employees, including project representatives, of
12    professional engineers lawfully practicing as sole owners,
13    partnerships or corporations under this Act, from acting
14    under the direct supervision of their employers.
15        (2) The employment of owner's representatives by the
16    owner during the constructing, adding to, or altering of a
17    project, or any parts thereof, provided that such owner's
18    representative shall not have the authority to deviate from
19    the technical submissions without the prior approval of the
20    professional engineer for the project.
21        (3) The practice of officers and employees of the
22    Government of the United States while engaged within this
23    State in the practice of the profession of engineering for
24    the Government.
25        (4) Services performed by employees of a business
26    organization engaged in utility, telecommunications,

 

 

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1    industrial, or manufacturing operations, or by employees
2    of laboratory research affiliates of such business
3    organization that which are rendered in connection with the
4    fabrication or production, sale, and installation of
5    products, systems, or nonengineering services of the
6    business organization or its affiliates.
7        (5) Inspection, maintenance and service work done by
8    employees of the State of Illinois, any political
9    subdivision thereof or any municipality.
10        (6) The activities performed by those ordinarily
11    designated as chief engineer of plant operation, chief
12    operating engineer, locomotive, stationary, marine, power
13    plant or hoisting and portable engineers, electrical
14    maintenance or service engineers, personnel employed in
15    connection with construction, operation or maintenance of
16    street lighting, traffic control signals, police and fire
17    alarm systems, waterworks, steam, electric, and sewage
18    treatment and disposal plants, or the services ordinarily
19    performed by any worker regularly employed as a locomotive,
20    stationary, marine, power plant, or hoisting and portable
21    engineer or electrical maintenance or service engineer for
22    any corporation, contractor or employer.
23        (7) The activities performed by a person ordinarily
24    designated as a supervising engineer or supervising
25    electrical maintenance or service engineer who supervises
26    the operation of, or who operates, machinery or equipment,

 

 

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1    or who supervises construction or the installation of
2    equipment within a plant that which is under such person's
3    immediate supervision.
4        (8) The services, for private use, of contractors or
5    owners in the construction of engineering works or the
6    installation of equipment.
7    (f) No officer, board, commission, or other public entity
8charged with the enforcement of codes and ordinances involving
9a professional engineering project shall accept for filing or
10approval any technical submissions that do not bear the seal
11and signature of a professional engineer licensed under this
12Act.
13(Source: P.A. 96-626, eff. 8-24-09.)
 
14    (225 ILCS 325/4)  (from Ch. 111, par. 5204)
15    (Section scheduled to be repealed on January 1, 2020)
16    Sec. 4. Definitions. As used in this Act:
17    (a) "Address of record" means the designated address
18recorded by the Department in the applicant's or licensee's
19application file or license file maintained by the Department's
20licensure maintenance unit. It is the duty of the applicant or
21licensee to inform the Department of any change of address, and
22such changes must be made either through the Department's
23website or by directly contacting the Department.
24    (a-5) "Approved engineering curriculum" means an
25engineering curriculum or program of 4 academic years or more

 

 

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1that which meets the standards established by the rules of the
2Department.
3    (b) "Board" means the State Board of Professional Engineers
4of the Department.
5    (c) "Department" means the Department of Financial and
6Professional Regulation.
7    (d) "Design professional" means an architect, structural
8engineer, or professional engineer practicing in conformance
9with the Illinois Architecture Practice Act of 1989, the
10Structural Engineering Practice Act of 1989 or the Professional
11Engineering Practice Act of 1989.
12    (e) (Blank).
13    (f) "Direct supervision/responsible charge" means work
14prepared under the control of a licensed professional engineer
15or that work as to which that professional engineer has
16detailed professional knowledge. The Department may further
17define this term by rule.
18    (f-5) "Email address of record" means the designated email
19address of record by the Department in the applicant's
20application file or the licensee's license file as maintained
21by the Department's licensure maintenance unit.
22    (g) "Engineering college" means a school, college,
23university, department of a university or other educational
24institution, reputable and in good standing in accordance with
25rules prescribed by the Department, and which grants
26baccalaureate degrees in engineering.

 

 

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1    (h) "Engineering system or facility" means a system or
2facility whose design is based upon the application of the
3principles of science for the purpose of modification of
4natural states of being.
5    (i) "Engineer intern" means a person who is a candidate for
6licensure as a professional engineer and who has been enrolled
7as an engineer intern.
8    (j) "Enrollment" means an action by the Department to
9record those individuals who have met the Department's
10requirements for an engineer intern.
11    (k) "License" means an official document issued by the
12Department to an individual, a corporation, a partnership, a
13professional service corporation, a limited liability company,
14or a sole proprietorship, signifying authority to practice.
15    (l) "Negligence in the practice of professional
16engineering" means the failure to exercise that degree of
17reasonable professional skill, judgment and diligence normally
18rendered by professional engineers in the practice of
19professional engineering.
20    (m) "Professional engineer" means a person licensed under
21the laws of the State of Illinois to practice professional
22engineering.
23    (n) "Professional engineering" means the application of
24science to the design of engineering systems and facilities
25using the knowledge, skills, ability and professional judgment
26developed through professional engineering education, training

 

 

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1and experience.
2    (o) "Professional engineering practice" means the
3consultation on, conception, investigation, evaluation,
4planning, and design of, and selection of materials to be used
5in, administration of construction contracts for, or site
6observation of, an engineering system or facility, where such
7consultation, conception, investigation, evaluation, planning,
8design, selection, administration, or observation requires
9extensive knowledge of engineering laws, formulae, materials,
10practice, and construction methods. A person shall be construed
11to practice or offer to practice professional engineering,
12within the meaning and intent of this Act, who practices, or
13who, by verbal claim, sign, advertisement, letterhead, card, or
14any other way, is represented to be a professional engineer, or
15through the use of the initials "P.E." or the title "engineer"
16or any of its derivations or some other title implies licensure
17as a professional engineer, or holds himself or herself out as
18able to perform any service which is recognized as professional
19engineering practice.
20    Examples of the practice of professional engineering
21include, but are not need not be limited to, transportation
22facilities and publicly owned utilities for a region or
23community, railroads, railways, highways, subways, canals,
24harbors, river improvements; land development; stormwater
25detention, retention, and conveyance, excluding structures
26defined under Section 5 of the Structural Engineering Practice

 

 

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1Act of 1989 (225 ILCS 340/5); irrigation works; aircraft and
2airports; traffic engineering; waterworks, piping systems,
3sewers, sewage disposal works, storm sewer, sanitary sewer and
4water system modeling; plants for the generation of power;
5devices for the utilization of power; boilers; refrigeration
6plants, air conditioning systems and plants; heating systems
7and plants; plants for the transmission or distribution of
8power; electrical plants which produce, transmit, distribute,
9or utilize electrical energy; works for the extraction of
10minerals from the earth; plants for the refining, alloying or
11treating of metals; chemical works and industrial plants
12involving the use of chemicals and chemical processes; plants
13for the production, conversion, or utilization of nuclear,
14chemical, or radiant energy; forensic engineering,
15geotechnical engineering including, subsurface investigations;
16soil and rock classification, geology and geohydrology,
17incidental to the practice of professional engineering;
18geohydrological investigations, migration pathway analysis
19(including evaluation of building and site elements), soil and
20groundwater management zone analysis and design; energy
21analysis, environmental risk assessments, corrective action
22plans, design, remediation, protection plans and systems,
23hazardous waste mitigation and control, and environmental
24control or remediation systems; recognition, measurement,
25evaluation and control of environmental systems and emissions;
26control systems, evaluation and design of engineered barriers,

 

 

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1excluding structures defined under Section 5 of the Structural
2Engineering Practice Act of 1989 (225 ILCS 340/5); modeling of
3pollutants in water, soil, and air; engineering surveys of
4sites, facilities, and topography specific to a design project,
5not including land boundary establishment; automated building
6management systems; control or remediation systems; computer
7controlled or integrated systems; automatic fire notification
8and suppression systems; investigation and assessment of
9indoor air inhalation exposures and design of abatement and
10remediation systems; or the provision of professional
11engineering site observation of the construction of works and
12engineering systems. In the performance of any of the foregoing
13functions, a licensee shall adhere to the standards of
14professional conduct enumerated in 68 Ill. Adm. Code 1380.300.
15Nothing contained in this Section imposes upon a person
16licensed under this Act the responsibility for the performance
17of any of the foregoing functions unless such person
18specifically contracts to provide it. Nothing in this Section
19shall preclude an employee from acting under the direct
20supervision or responsible charge of a licensed professional
21engineer.
22    (p) "Project representative" means the professional
23engineer's representative at the project site who assists in
24the administration of the construction contract.
25    (q) "Registered" means the same as "licensed" for purposes
26of this Act.

 

 

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1    (r) "Related science curriculum" means a 4-year 4 year
2program of study, the satisfactory completion of which results
3in a Bachelor of Science degree, and which contains courses
4from such areas as life, earth, engineering and computer
5sciences, including, but not limited to, physics and chemistry.
6In the study of these sciences, the objective is to acquire
7fundamental knowledge about the nature of its phenomena,
8including quantitative expression, appropriate to particular
9fields of engineering.
10    (s) "Rules" means the those rules adopted promulgated
11pursuant to this Act.
12    (t) "Seal" means the seal in compliance with Section 14 of
13this Act.
14    (t-5) "Secretary" means the Secretary of the Department of
15Financial and Professional Regulation.
16    (u) "Site observation" means is visitation of the
17construction site for the purpose of reviewing, as available,
18the quality and conformance of the work to the technical
19submissions as they relate to design.
20    (v) "Support design professional" means a professional
21engineer practicing in conformance with the Professional
22Engineering Practice Act of 1989, who provides services to the
23design professional who has contract responsibility.
24    (w) "Technical submissions" are the designs, drawings, and
25specifications which establish the scope and standard of
26quality for materials, workmanship, equipment, and systems.

 

 

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1"Technical submissions" also includes, but are not limited to,
2studies, analyses, calculations, and other technical reports
3prepared in the course of the practice of professional
4engineering or under the direct supervision and responsible
5charge of a licensed professional engineer.
6(Source: P.A. 96-626, eff. 8-24-09.)
 
7    (225 ILCS 325/4.5 new)
8    Sec. 4.5. Address of record; email address of record. All
9applicants and licensees shall:
10        (1) provide a valid address and email address to the
11    Department, which shall serve as the address of record and
12    email address of record, respectively, at the time of
13    application for licensure or renewal of a license; and
14        (2) inform the Department of any change of address of
15    record or email address of record within 14 days after such
16    change either through the Department's website or by
17    contacting the Department's licensure maintenance unit.
 
18    (225 ILCS 325/5)  (from Ch. 111, par. 5205)
19    (Section scheduled to be repealed on January 1, 2020)
20    Sec. 5. Powers and duties of the Department. The Subject to
21the provisions of this Act, the Department shall exercise,
22subject to the provisions of this Act, the following functions,
23powers, and duties:
24        (a) Authorize examinations to ascertain the fitness

 

 

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1    and qualifications of applicants for licensure and pass
2    upon the qualifications and fitness of applicants for
3    licensure by endorsement. To pass upon the qualifications
4    and conduct examinations of applicants for licensure as
5    professional engineers or enrollment as engineer interns
6    and pass upon the qualifications of applicants by
7    endorsement and issue a license or enrollment to those who
8    are found to be fit and qualified.
9        (b) Adopt rules required for the administration of this
10    Act. To prescribe rules for the method, conduct and grading
11    of the examination of applicants.
12        (c) Conduct hearings on proceedings to refuse to issue
13    or renew, restore, revoke, or suspend licenses or place on
14    probation or reprimand persons or entities licensed under
15    the provisions of this Act. To register corporations,
16    partnerships, professional service corporations, limited
17    liability companies, and sole proprietorships for the
18    practice of professional engineering and issue a
19    certificate of registration to those who qualify.
20        (d) Issue licenses to those who meet the requirements
21    of this Act. To conduct investigations and hearings
22    regarding violations of this Act and take disciplinary or
23    other actions as provided in this Act as a result of the
24    proceedings.
25        (e) Adopt To prescribe rules as to what shall
26    constitute a an professional engineering or related

 

 

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1    science curriculum and to determine if a specific
2    engineering curriculum is in compliance with the rules, and
3    to terminate the approval of a specific engineering
4    curriculum for non-compliance with such rules.
5        (f) Adopt rules for what constitutes professional
6    engineering experience. To promulgate rules required for
7    the administration of this Act, including rules of
8    professional conduct.
9        (g) Maintain To maintain membership in the National
10    Council of Examiners for Engineering and Surveying and
11    participate in activities of the Council by designation of
12    individuals for the various classifications of membership,
13    the appointment of delegates for attendance at zone and
14    national meetings of the Council, and the funding of the
15    delegates for attendance at the meetings of the Council.
16        (h) Adopt rules for standards of professional conduct.
17        (i) Obtain To obtain written recommendations from the
18    Board regarding qualifications of individuals for
19    licensure and enrollment, definitions of curriculum
20    content and approval of engineering curricula, standards
21    of professional conduct and formal disciplinary actions,
22    and the adoption promulgation of the rules affecting these
23    matters.
24        Upon the issuance of any final decision or order that
25    deviates from any report or recommendation of the Board
26    relating to the qualification of applicants, discipline of

 

 

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1    licensees or registrants, or adoption of rules, the
2    Secretary shall notify the Board on any such deviation and
3    shall specify with particularity the reasons for the action
4    in the final decision or order. Prior to issuance of any
5    final decision or order that deviates from any report or
6    recommendations of the Board relating to the qualification
7    of applicants, discipline of licensees or registrants, or
8    promulgation of rules, the Secretary shall notify the Board
9    in writing with an explanation of any such deviation. The
10    Department may at any time seek the expert advice and
11    knowledge of the Board on any matter relating to the
12    enforcement of this Act.
13        (i) Post To post on the Department's website, a
14    newsletter describing the most recent changes in this Act
15    and the rules adopted under this Act and containing
16    information of any final disciplinary action that has been
17    ordered under this Act since the date of the last
18    newsletter.
19        (j) Review To review such applicant qualifications to
20    sit for the examination or for licensure as the Board
21    designates pursuant to Section 7 of this Act.
22        (k) Conduct investigations related to possible
23    violations of this Act.
24(Source: P.A. 96-626, eff. 8-24-09.)
 
25    (225 ILCS 325/6)  (from Ch. 111, par. 5206)

 

 

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1    (Section scheduled to be repealed on January 1, 2020)
2    Sec. 6. Board. Composition, qualifications and terms of the
3Board.
4    (a) The Secretary shall appoint a Professional Engineering
5Board. The Board shall consist of 10 members who shall serve in
6an advisory capacity to the Secretary. All shall be residents
7of Illinois. 9 members shall (i) currently hold a valid
8professional engineering license in Illinois and shall have
9held the license under this Act for the previous 10-year period
10and (ii) have not been disciplined within the last 10-year
11period under this Act. In addition to the 9 professional
12engineers, there shall be one public member. The public member
13shall be a voting member and shall not be licensed under this
14Act or any other design profession licensing Act that the
15Department administers.
16    (b) Board members shall serve 5-year terms and until their
17successors are appointed and qualified.
18    (c) In appointing members to the Board, the Secretary shall
19give due consideration to recommendations by members and
20organizations of the professional engineering profession.
21    (d) The membership of the Board should reasonably reflect
22representation from the geographic areas in this State.
23    (e) No member shall be reappointed to the Board for a term
24which would cause his or her continuous service on the Board to
25be longer than 2 consecutive 5-year terms.
26    (f) Appointments to fill vacancies shall be made in the

 

 

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1same manner as original appointments for the unexpired portion
2of the vacated term.
3    (g) Six members shall constitute a quorum. A quorum is
4required for Board decisions.
5    (h) The Secretary may remove any member of the Board for
6misconduct, incompetence, or neglect of duty or for reasons
7prescribed by law for removal of State officials. The Secretary
8may remove a member of the Board who does not attend 2
9consecutive meetings.
10    (i) Notice of proposed rulemaking shall be transmitted to
11the Board, and the Department shall review the response of the
12Board and any recommendations made therein.
13    (j) Members of the Board shall not be liable for damages in
14any action or proceeding as a result of activities performed as
15members of the Board, except upon proof of actual malice.
16    (k) Members of the Board shall be reimbursed for all
17legitimate, necessary, and authorized expenses.
18    (a) The Board shall be appointed by the Secretary and shall
19consist of 10 members, one of whom shall be a public member and
209 of whom shall be professional engineers licensed under this
21Act. In addition each member who is a professional engineer
22shall:
23        (1) be a citizen of the United States, and
24        (2) be a resident of this State.
25    (b) In addition, each member who is a professional engineer
26shall:

 

 

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1        (1) have not less than 12 years of experience in the
2    practice of professional engineering, and shall hold an
3    active license as a professional engineer in Illinois;
4        (2) have been in charge of professional engineering
5    work for at least 5 years. For the purposes of this
6    Section, any period in which a person has been in charge of
7    teaching engineering in an engineering college with the
8    rank of assistant professor or higher shall be considered
9    as time in which such person was in charge of professional
10    engineering work.
11    The terms for all members shall be for 5 years. On the
12expiration of the term of any member or in the event of a
13vacancy, the Secretary shall appoint a member who shall hold
14office until the expiration of the term for which the member is
15appointed and until a successor has been appointed and
16qualified.
17    No member shall be reappointed to the Board for a term
18which would cause that individual's lifetime service on the
19Board to be longer than 15 years.
20    In implementing the 5 year terms, the Secretary shall vary
21the terms to enable the Board to have no more than 2 terms
22expire in any one year.
23    The public member shall be a voting member and shall not
24hold a license as an architect, professional engineer,
25structural engineer, or a land surveyor. The public member
26shall be an Illinois resident and a citizen of the United

 

 

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1States.
2    In making appointments to the Board, the Secretary shall
3give due consideration to recommendations by members of the
4profession and by organizations therein.
5    The Secretary may remove any member of the Board for
6misconduct, incompetence, neglect of duty or for reasons
7prescribed by law for removal of State officials.
8    The Secretary may remove a member of the Board who does not
9attend 2 consecutive meetings.
10    A quorum of the Board shall consist of 6 Board members. A
11quorum is required for Board decisions.
12    Each member of the Board may receive compensation as
13determined by the Secretary and shall be reimbursed for all
14actual traveling expenses.
15    Members of the Board shall be immune from suit in any
16action based upon any disciplinary proceedings or other
17activities performed in good faith as members of the Board.
18    Persons holding office as members of the Board immediately
19prior to the effective date of this Act under the Act repealed
20herein shall continue as members of the Board until the
21expiration of the term for which they were appointed and until
22their successors are appointed and qualified.
23(Source: P.A. 96-626, eff. 8-24-09.)
 
24    (225 ILCS 325/7)  (from Ch. 111, par. 5207)
25    (Section scheduled to be repealed on January 1, 2020)

 

 

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1    Sec. 7. Powers and duties of the Board. Subject to the
2provisions of this Act, the Board shall exercise the following
3functions, powers, and duties:
4        (a) The Board shall hold at least 3 regular meetings
5    each year. Review applicant qualifications to sit for the
6    examination or for licensure and shall make
7    recommendations to the Department except for those
8    applicant qualifications that the Board designates as
9    routinely acceptable;
10        (b) The Board shall annually elect a chairperson and a
11    vice chairperson who shall be Illinois licensed
12    professional engineers. The Board may appoint a
13    subcommittee to serve as a Complaint Committee to recommend
14    the disposition of case files according to procedures
15    established by rule in 68 Ill. Adm. Code 1380.305, and any
16    changes and amendments thereto;
17        (c) The Board, upon request by the Department, may make
18    a curriculum evaluation to approve a professional engineer
19    program, a non-approved engineering program, and related
20    science curriculum and submit to the Secretary a written
21    recommendation of acceptability of a curriculum. Conduct
22    hearings regarding disciplinary actions and submit a
23    written report and recommendations to the Secretary as
24    required by this Act and to provide a Board member at
25    informal conferences;
26        (d) The Department may at any time seek the expert

 

 

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1    advice and knowledge of the Board on any matter relating to
2    the enforcement of this Act. Make visits to universities or
3    colleges to evaluate engineering curricula or to otherwise
4    evaluate engineering curricula and submit to the Secretary
5    a written recommendation of acceptability of a curriculum;
6        (e) The Board may appoint a subcommittee to serve as a
7    Complaint Committee to recommend the disposition of case
8    files according to procedures established by rule. Submit a
9    written recommendation to the Secretary concerning
10    promulgation of rules as required in Section 5 and to
11    recommend to the Secretary any rules or amendments thereto
12    for the administration of this Act;
13        (f) The Board shall assist the Department in conducting
14    oral interviews, disciplinary conferences, informal
15    conferences, and formal evidentiary hearings. Hold at
16    least 3 regular meetings each year;
17        (g) The Board shall review applicant qualifications to
18    sit for the examination or for licensure and shall make
19    recommendations to the Department except for those
20    applicant qualifications that the Board designates as
21    routinely acceptable. Elect annually a chairperson and a
22    vice-chairperson who shall be professional engineers; and
23        (h) Submit written comments to the Secretary within 30
24    days from notification of any final decision or order from
25    the Secretary that deviates from any report or
26    recommendation of the Board relating to the qualification

 

 

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1    of applicants, discipline of licensees or registrants, or
2    promulgation of rules.
3(Source: P.A. 96-626, eff. 8-24-09.)
 
4    (225 ILCS 325/8)  (from Ch. 111, par. 5208)
5    (Section scheduled to be repealed on January 1, 2020)
6    Sec. 8. Applications for licensure.
7    (a) Applications for original licenses shall be made to the
8Department in writing on forms or electronically as prescribed
9by the Department and shall be accompanied by the required fee,
10which shall not be refundable. All applications shall contain
11information that, in the judgment of the Department, will
12enable the Department to pass on the qualifications of the
13applicant for a license as a professional engineer or engineer
14intern. The Department may require an applicant, at the
15applicant's expense, to have an evaluation of the applicant's
16education in a foreign country by a nationally recognized
17evaluation service approved by the Department in accordance
18with rules adopted by the Department. Applications for
19licensure shall (1) be on forms prescribed and furnished by the
20Department, (2) contain statements made under oath showing the
21applicant's education and a detailed summary of the applicant's
22technical work, and (3) contain references as required by the
23Department.
24    (b) Applicants have 3 years from the date of application to
25complete the application process. If the process has not been

 

 

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1completed in 3 years, the application shall be denied, the fee
2shall be forfeited, and the applicant must reapply and meet the
3requirements in effect at the time of reapplication. Applicants
4shall have obtained the education and experience as required in
5Section 10 or Section 11 prior to submittal of application for
6licensure. Allowable experience shall commence at the date of
7the baccalaureate degree, except:
8        (1) Credit for one year of experience shall be given
9    for a graduate of a baccalaureate curriculum providing a
10    cooperative program, which is supervised industrial or
11    field experience of at least one academic year which
12    alternates with periods of full-time academic training,
13    when such program is certified by the university, or
14        (2) Partial credit may be given for professional
15    engineering experience as defined by rule for employment
16    prior to receipt of a baccalaureate degree if the
17    employment is full-time while the applicant is a part-time
18    student taking fewer than 12 hours per semester or 8 hours
19    per quarter to earn the degree concurrent with the
20    full-time engineering experience.
21        (3) If an applicant files an application and supporting
22    documents containing a material misstatement of
23    information or a misrepresentation for the purpose of
24    obtaining licensure or enrollment or if an applicant
25    performs any fraud or deceit in taking any examination to
26    qualify for licensure or enrollment under this Act, the

 

 

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1    Department may issue a rule of intent to deny licensure or
2    enrollment and may conduct a hearing in accordance with
3    Sections 26 through 33 and Sections 37 and 38 of this Act.
4    The Board may conduct oral interviews of any applicant
5under Sections 10, 11, or 19 to assist in the evaluation of the
6qualifications of the applicant.
7    It is the responsibility of the applicant to supplement the
8application, when requested by the Board, by provision of
9additional documentation of education, including transcripts,
10course content and credentials of the engineering college or
11college granting related science degrees, or of work experience
12to permit the Board to determine the qualifications of the
13applicant. The Department may require an applicant, at the
14applicant's expense, to have an evaluation of the applicant's
15education in a foreign country by a nationally recognized
16evaluating service approved by the Department.
17    An applicant who graduated from an engineering program
18outside the United States or its territories and whose first
19language is not English shall submit certification of passage
20of the Test of English as a Foreign Language (TOEFL) and a test
21of spoken English as defined by rule. However, any such
22applicant who subsequently earns an advanced degree from an
23accredited educational institution in the United States or its
24territories shall not be subject to this requirement.
25(Source: P.A. 98-993, eff. 1-1-15.)
 

 

 

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1    (225 ILCS 325/9)  (from Ch. 111, par. 5209)
2    (Section scheduled to be repealed on January 1, 2020)
3    Sec. 9. Licensure qualifications; Examinations; Failure or
4refusal to take examinations.
5    (a) The Department shall authorize examinations of
6applicants for a license under this Act at such times and
7places as it may determine by rule. The examinations shall be
8of a character to give a fair test of the qualifications of the
9applicant to practice as a professional engineer or engineer
10intern.
11    (b) Applicants for examination are required to pay, either
12to the Department or the designated testing service, a fee
13covering the cost of providing the examination. Failure to
14appear for the examination on the scheduled date, at the time
15and place specified, after the applicant's application for
16examination has been received and acknowledged by the
17Department or the designated testing service, shall result in
18the forfeiture of the examination fee.
19    (c) If an applicant fails to pass an examination for
20licensure under this Act within 3 years after filing the
21application, the application shall be denied. However, such
22applicant may thereafter make a new application for examination
23accompanied by the required fee and must furnish proof of
24meeting the qualifications for examination in effect at the
25time of new application.
26Examinations provided for by this Act shall be conducted under

 

 

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1rules prescribed by the Department. Examinations shall be held
2not less frequently than semi-annually, at times and places
3prescribed by the Department, of which applicants shall be
4notified by the Department in writing.
5    Examinations of the applicants who seek to practice
6professional engineering shall ascertain: (a) if the applicant
7has an adequate understanding of the basic and engineering
8sciences, which shall embrace subjects required of candidates
9for an approved baccalaureate degree in engineering, and (b) if
10the training and experience of the applicant have provided a
11background for the application of the basic and engineering
12sciences to the solution of engineering problems. The
13Department may by rule prescribe additional subjects for
14examination. If an applicant neglects, fails to take, or
15refuses to take the next available examination offered for
16licensure under this Act within 3 years after filing the
17application, the fee paid by the applicant shall be forfeited
18and the application denied. If an applicant fails to pass an
19examination for licensure under this Act within 3 years after
20filing the application, the application shall be denied.
21However, such applicant may thereafter make a new application
22for examination, accompanied by the required fee.
23(Source: P.A. 96-626, eff. 8-24-09.)
 
24    (225 ILCS 325/10)  (from Ch. 111, par. 5210)
25    (Section scheduled to be repealed on January 1, 2020)

 

 

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1    Sec. 10. Minimum standards for licensure as professional
2engineer.
3    (a) To qualify for licensure as a professional engineer,
4each applicant shall be:
5        (1) (a) a graduate of an approved engineering
6    curriculum of at least 4 years who submits acceptable
7    evidence to the Board of an additional 4 years or more of
8    experience in engineering work of a grade and character
9    that which indicate that the individual may be competent to
10    practice professional engineering, and who has passed an
11    examination in the fundamentals of engineering as defined
12    by rule and an examination in the principles and practice
13    of engineering as defined by rule. Upon submitting an
14    application with proof of passing both examinations, the
15    applicant, if otherwise qualified, shall be granted a
16    license to practice professional engineering in this
17    State; or
18        (2) (b) a graduate of a non-approved engineering
19    curriculum or a related science curriculum of at least 4
20    years and which meets the requirements as set forth by rule
21    by submitting an application to the Department for its
22    review and approval, who submits acceptable evidence to the
23    Board of an additional 8 years or more of experience in
24    engineering work of a grade and character which indicate
25    that the individual may be competent to practice
26    professional engineering, and who has passed an

 

 

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1    examination in the fundamentals of engineering as defined
2    by rule and an examination in the principles and practice
3    of engineering as defined by rule. Upon submitting the
4    application with proof of passing both examinations, the
5    applicant, if otherwise qualified, shall be granted a
6    license to practice professional engineering in this
7    State; or
8        (3) (c) an Illinois engineer intern, by application and
9    payment of the required fee, may then take an examination
10    in the principles and practice of engineering as defined by
11    rule. If the applicant passes that examination and submits
12    evidence to the Board that meets the experience
13    qualification of paragraph (1) or (2) subsection (a) or (b)
14    of this Section, the applicant, if otherwise qualified,
15    shall be granted a license to practice professional
16    engineering in this State.
17    (b) Allowable experience for licensure shall commence at
18the date of the baccalaureate degree, except for experience
19gained while the applicant is a part-time student taking fewer
20than 12 hours per semester or 8 hours per quarter to earn the
21degree concurrent with the full-time engineering experience.
22    (c) When considering an applicant's qualifications for
23licensure under this Act, the Department may take into
24consideration whether an applicant has engaged in conduct or
25actions that would constitute a violation of the Standards of
26Professional Conduct for this Act as provided for by

 

 

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1administrative rules.
2(Source: P.A. 97-333, eff. 8-12-11; 98-713, eff. 7-16-14.)
 
3    (225 ILCS 325/11)  (from Ch. 111, par. 5211)
4    (Section scheduled to be repealed on January 1, 2020)
5    Sec. 11. Minimum standards for examination for enrollment
6as engineer intern. Each of the following is considered a
7minimum standard that an applicant must satisfy to qualify for
8enrollment as an engineer intern:
9        (a) A graduate of an approved engineering curriculum of
10    at least 4 years, who has passed an examination in the
11    fundamentals of engineering as defined by rule, shall be
12    enrolled as an engineer intern, if the applicant is
13    otherwise qualified; or
14        (b) An applicant in the last year of an approved
15    engineering curriculum who passes an examination in the
16    fundamentals of engineering as defined by rule and
17    furnishes proof that the applicant graduated within a
18    12-month 12 month period following the examination shall be
19    enrolled as an engineer intern, if the applicant is
20    otherwise qualified; or
21        (c) A graduate of a non-approved engineering
22    curriculum or a related science curriculum of at least 4
23    years and which meets the requirements as set forth by rule
24    by submitting an application to the Department for its
25    review and approval, who submits acceptable evidence to the

 

 

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1    Board of an additional 4 years or more of progressive
2    experience in engineering work, and who has passed an
3    examination in the fundamentals of engineering as defined
4    by rule shall be enrolled as an engineer intern, if the
5    applicant is otherwise qualified.
6(Source: P.A. 98-713, eff. 7-16-14; 99-78, eff. 7-20-15.)
 
7    (225 ILCS 325/12)  (from Ch. 111, par. 5212)
8    (Section scheduled to be repealed on January 1, 2020)
9    Sec. 12. Educational credits or teaching as equivalent of
10experience.
11    (a) After earning an acceptable baccalaureate degree as
12required by paragraph (1) or (2) of subsection (a) or (b) of
13Section 10 in engineering or related science and upon
14completion of a Master's degree in engineering, the applicant
15may receive one year of experience credit. Upon completion of a
16Ph.D. in engineering, an applicant may receive an additional
17year experience credit for a maximum of 2 years.
18    (b) Teaching engineering subjects in an engineering
19college at a rank of assistant professor instructor or above is
20considered experience in engineering.
21    (c) (Blank).
22(Source: P.A. 91-92, eff. 1-1-00; 92-145, eff. 1-1-02.)
 
23    (225 ILCS 325/14)  (from Ch. 111, par. 5214)
24    (Section scheduled to be repealed on January 1, 2020)

 

 

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1    Sec. 14. Seal. Every professional engineer shall have a
2reproducible seal or stamp, which may be computer generated,
3the imprint of which shall the print of which shall be
4reproducible and contain the name of the professional engineer,
5the professional engineer's license number, and the words
6"Licensed Professional Engineer of Illinois". Any reproducible
7stamp heretofore authorized under the laws of this State state
8for use by a professional engineer, including those with the
9words "Registered Professional Engineer of Illinois", shall
10serve the same purpose as the seal provided for by this Act.
11The engineer shall be responsible for his or her seal and
12signature as defined by rule. When technical submissions are
13prepared utilizing a computer or other electronic means, the
14seal may be generated by the computer. The licensee may
15provide, at his or her sole discretion, an original signature
16in the licensee's handwriting, a scanned copy of the technical
17submission bearing an original signature, or a signature
18generated by a computer.
19    The use of a professional engineer's seal on technical
20submissions constitutes a representation by the professional
21engineer that the work has been prepared by or under the
22personal supervision of the professional engineer or developed
23in conjunction with the use of accepted engineering standards.
24The use of the seal further represents that the work has been
25prepared and administered in accordance with the standards of
26reasonable professional skill and diligence.

 

 

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1    It is unlawful to affix one's seal to technical submissions
2if it masks the true identity of the person who actually
3exercised direction, control and supervision of the
4preparation of such work. A professional engineer who seals and
5signs technical submissions is not responsible for damage
6caused by subsequent changes to or uses of those technical
7submissions, where the subsequent changes or uses, including
8changes or uses made by State or local governmental agencies,
9are not authorized or approved by the professional engineer who
10originally sealed and signed the technical submissions.
11(Source: P.A. 98-289, eff. 1-1-14.)
 
12    (225 ILCS 325/15)  (from Ch. 111, par. 5215)
13    (Section scheduled to be repealed on January 1, 2020)
14    Sec. 15. Technical submissions.
15    (a) Technical submissions are the designs, drawings, and
16specifications that establish the scope of the professional
17engineering project, the standard of quality for materials,
18workmanship, equipment, and constructions systems, and the
19studies and other technical reports and calculations prepared
20in the course of the practice of professional engineering. All
21technical submissions prepared by or under the personal
22supervision of a professional engineer shall bear that
23professional engineer's seal, signature, and license
24expiration date. The licensee's written signature and date of
25signing, along with the date of license expiration, shall be

 

 

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1placed adjacent to the seal. Computer generated signatures are
2not permitted.
3    (b) All technical submissions intended for use in the State
4of Illinois shall be prepared and administered in accordance
5with standards of reasonable professional skill and diligence.
6Care shall be taken to reflect the requirements of State
7statutes and, where applicable, county and municipal
8ordinances in such submissions. In recognition that
9professional engineers are licensed for the protection of the
10public, health, safety, and welfare, submissions shall be of
11such quality and scope, and be so administered, as to conform
12to professional standards.
13    (c) No officer, board, commission, or other public entity
14that receives technical submissions shall accept for filing or
15approval any technical submissions relating to services
16requiring the involvement of a professional engineer that do
17not bear the seal and signature of a professional engineer
18licensed under this Act.
19    (d) It is unlawful to affix one's seal to technical
20submissions if it masks the true identity of the person who
21actually exercised responsible control of the preparation of
22such work. A professional engineer who seals and signs
23technical submissions is not responsible for damage caused by
24subsequent changes to or uses of those technical submissions
25where the subsequent changes or uses, including changes or uses
26made by State or local governmental agencies, are not

 

 

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1authorized or approved in writing by the professional engineer
2who originally sealed and signed the technical submissions.
3    (e) The professional engineer who has contract
4responsibility shall seal a cover sheet of the technical
5submissions, and those individual portions of the technical
6submissions for which the professional engineer is legally and
7professionally responsible. The professional engineer
8practicing as the support design professional shall seal those
9individual portions of technical submissions for which the
10professional engineer is legally and professionally
11responsible.
12    All technical submissions intended for use in construction
13in the State of Illinois shall be prepared and administered in
14accordance with standards of reasonable professional skill and
15diligence. Care shall be taken to reflect the requirements of
16State statutes and, where applicable, county and municipal
17ordinances in such documents. In recognition that professional
18engineers are licensed for the protection of the public health,
19safety and welfare, documents shall be of such quality and
20scope, and be so administered as to conform to professional
21standards.
22(Source: P.A. 91-92, eff. 1-1-00; 92-145, eff. 1-1-02.)
 
23    (225 ILCS 325/16)  (from Ch. 111, par. 5216)
24    (Section scheduled to be repealed on January 1, 2020)
25    Sec. 16. Display Issuance of license. Whenever the

 

 

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1provisions of this Act have been complied with the Department
2may issue a license as a professional engineer and enroll the
3engineer intern. Every holder of a license under this Act as a
4professional engineer shall display the license in a
5conspicuous place in his or her the professional engineer's
6principal office, place of business, or place of employment.
7    It is the professional engineer's and engineer intern's
8responsibility to inform the Department of any change of
9address.
10(Source: P.A. 96-626, eff. 8-24-09.)
 
11    (225 ILCS 325/17)  (from Ch. 111, par. 5217)
12    (Section scheduled to be repealed on January 1, 2020)
13    Sec. 17. Renewal, reinstatement, or restoration of
14license; persons in military service Licensure; Renewal;
15Restoration; Person in military service; Retired.
16    (a) The expiration date and renewal period for each
17professional engineer license issued under this Act shall be
18set by the Department by rule. The holder of a license may
19renew such license during the month preceding the expiration
20date by paying the required fee. The enrollment of an engineer
21intern shall not expire.
22    (b) A professional engineer who has permitted his or her
23license to expire or has had his or her license placed on
24inactive status may have his or her Any person whose license
25has expired or whose license is on inactive status may have

 

 

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1such license restored by making application to the Department
2and filing proof acceptable to the Department of his or her
3that person's fitness to have his or her such license restored,
4including, but not limited to, which may include sworn evidence
5certifying to active practice in another jurisdiction
6satisfactory to the Department and by paying the required
7restoration fee as determined by rule. If the person has not
8maintained an active practice in another jurisdiction
9satisfactory to the Department, the Board shall determine, by
10an evaluation program established by rule, the person's fitness
11to resume active status and may require the person to complete
12a period of evaluated experience and may require successful
13completion of the principles and practice examination.
14    (c) A professional engineer whose license has expired while
15engaged (1) in federal service on active duty with the Armed
16Forces of the United States or the State Militia called into
17service or training, or (2) in training or education under the
18supervision of the United States before induction into the
19military service, may have the license restored or reinstated
20without paying any lapsed reinstatement, renewal, or
21restoration fees if within 2 years after termination other than
22by dishonorable discharge of such service, training, or
23education and the Department is furnished with satisfactory
24evidence that the licensee has been so engaged in the practice
25of professional engineering and that such service, training, or
26education has been so terminated. However, any person whose

 

 

10100SB0654ham002- 38 -LRB101 04415 AMC 60877 a

1license expired while that person was (1) in Federal Service on
2active duty with the Armed Forces of the United States, or the
3State Militia called into service or training, or (2) in
4training or education under the supervision of the United
5States preliminary to induction into the military service, may
6have such license renewed or restored without paying any lapsed
7renewal fees if, within 2 years after honorable termination of
8such service, training, or education, except under conditions
9other than honorable, the Department is furnished with
10satisfactory evidence that the person has been so engaged and
11has maintained professional competence and that such service,
12training or education has been so terminated.
13    (d) The enrollment of an engineer intern does not expire.
14    Each application for renewal shall contain the original
15seal and signature of the professional engineer. Applicants for
16renewal or restoration shall certify that all conditions of
17their license meet the requirements of the Illinois
18Professional Engineering Practice Act of 1989.
19    Any person who has been duly licensed as a professional
20engineer by the Department and who chooses to deactivate or not
21renew his or her license may use the title "Professional
22Engineer, Retired". Those persons using the title
23"Professional Engineer, Retired" may request restoration to
24active status under the applicable provisions of Sections 17,
2517.5, and 18 of this Act.
26    The use of the title "Professional Engineer, Retired" shall

 

 

10100SB0654ham002- 39 -LRB101 04415 AMC 60877 a

1not constitute representation of current licensure. Any person
2without an active license shall not be permitted to practice
3engineering as defined in this Act.
4    Nothing in this Section shall be construed to require the
5Department to issue any certificate, credential, or other
6document indicating that a person has been granted the title,
7"Professional Engineer, Retired".
8(Source: P.A. 96-626, eff. 8-24-09.)
 
9    (225 ILCS 325/17.5)
10    (Section scheduled to be repealed on January 1, 2020)
11    Sec. 17.5. Continuing education. The Department may adopt
12promulgate rules of continuing education for persons licensed
13under this Act. The Department shall consider the
14recommendations of the Board in establishing the guidelines for
15the continuing education requirements. The requirements of
16this Section apply to any person seeking renewal or restoration
17under Section 17 or 18 of this Act. For the purposes of this
18Act, continuing education shall also be known as professional
19development.
20(Source: P.A. 91-92, eff. 1-1-00.)
 
21    (225 ILCS 325/18)  (from Ch. 111, par. 5218)
22    (Section scheduled to be repealed on January 1, 2020)
23    Sec. 18. Inactive status. A person licensed under this Act
24who notifies the Department, in writing on forms prescribed by

 

 

10100SB0654ham002- 40 -LRB101 04415 AMC 60877 a

1the Department, may elect to place his or her that person's
2license on an inactive status and shall, subject to rules, be
3excused from payment of renewal fees until the Department is
4notified in writing of that person's desire to resume active
5status.
6    Any professional engineer whose license is in inactive
7status shall not practice professional engineering in the State
8of Illinois.
9    Any person requesting restoration from inactive status is
10required to pay the current renewal fee and is required to seek
11restoration of license as provided in Section 17 of this Act.
12Any professional engineer whose license is in an inactive
13status shall not practice professional engineering in the State
14of Illinois.
15(Source: P.A. 86-667.)
 
16    (225 ILCS 325/18.5 new)
17    Sec. 18.5. Professional Engineer, Retired.
18    (a) Under Section 2105-15 of the Department of Professional
19Regulation Law of the Civil Administrative Code of Illinois,
20the Department may grant the title "Professional Engineer,
21Retired" to any person who has been duly licensed as a
22professional engineer by the Department and who has chosen to
23place on inactive status or not renew his or her license. Those
24persons granted the title "Professional Engineer, Retired" may
25request restoration to active status under the applicable

 

 

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1provisions of this Act.
2    (b) The use of the title "Professional Engineer, Retired"
3shall not constitute representation of current licensure. Any
4person without an active license shall not be permitted to
5practice professional engineering as defined in this Act.
6    (c) Nothing in this Section shall be construed to require
7the Department to issue any certificate, credential, or other
8official document indicating that a person has been granted the
9title "Professional Engineer, Retired".
 
10    (225 ILCS 325/19)  (from Ch. 111, par. 5219)
11    (Section scheduled to be repealed on January 1, 2020)
12    Sec. 19. Endorsement.
13    (a) The Department may, upon application in writing on
14forms or electronically accompanied by the recommendation of
15the Board, license as a professional engineer, on payment of
16the required fee, issue a license as a professional engineer to
17an applicant already who is a professional engineer registered
18or licensed under the laws of another state, the District of
19Columbia, or a territory of the United States, or the District
20of Columbia or a party parties to the North American Free Trade
21Agreement if the applicant qualifies under Section 8 and
22Section 10 of this Act, or if the requirements for licensure in
23that qualifications of the applicant were at the time of
24registration or licensure in another jurisdiction were, at the
25time of original licensure, substantially equivalent equal to

 

 

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1the requirements then in force in this State on that date.
2    The Department may refuse to endorse the applicants from
3any state, District of Columbia or territory if the
4requirements for registration or licensure in such
5jurisdiction are not substantially equal to the requirements of
6this Act.
7    (b) If the accuracy of any submitted documentation or
8relevance or sufficiency of the course work or experience is
9questioned by the Department or the Board because of a lack of
10information, discrepancies, or conflicts in information given
11or a need for clarification, the applicant seeking licensure
12may be required to provide additional information.
13    (c) Applicants have 3 years from the date of application to
14complete the application process. If the process has not been
15completed during the 3-year 3 year time frame, the application
16shall be denied, the fee forfeited, and the applicant must
17reapply and meet the requirements in effect at the time of
18reapplication.
19(Source: P.A. 96-626, eff. 8-24-09.)
 
20    (225 ILCS 325/20)  (from Ch. 111, par. 5220)
21    (Section scheduled to be repealed on January 1, 2020)
22    Sec. 20. Fees.
23    (a) The Department shall provide by rule for a schedule of
24fees to be paid for licenses by all applicants. All fees are
25not refundable.

 

 

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1    (b) The fees for the administration and enforcement of this
2Act, including but not limited to original licensure, renewal,
3and restoration, shall be set by rule by the Department.
4    (c) All the fees and fines collected as authorized under
5this Act pursuant to this Section shall be deposited into in
6the Design Professionals Administration and Investigation
7Fund. Of the moneys deposited into the Design Professionals
8Administration and Investigation Fund, the Department may use
9such funds as necessary and available to produce and distribute
10newsletters to persons licensed under this Act.
11(Source: P.A. 91-92, eff. 1-1-00.)
 
12    (225 ILCS 325/20.5 new)
13    Sec. 20.5. Returned checks; fines. Any person who delivers
14a check or other payment to the Department that is returned to
15the Department unpaid by the financial institution upon which
16it is drawn shall pay to the Department, in addition to the
17amount already owed to the Department, a fine of $50. The fines
18imposed by this Section are in addition to any other discipline
19provided under this Act for unlicensed practice or practice on
20a nonrenewed license. The Department shall notify the person
21that payment of fees and fines shall be paid to the Department
22by certified check or money order within 30 calendar days of
23the notification. If, after the expiration of 30 days from the
24date of the notification, the person has failed to submit the
25necessary remittance, the Department shall automatically

 

 

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1terminate the license or deny the application, without hearing.
2If, after termination or denial, the person seeks a license, he
3or she shall apply to the Department for restoration or
4issuance of the license and pay all fees and fines due to the
5Department. The Department may establish a fee for the
6processing of an application for restoration of a license to
7pay all expenses of processing this application. The Secretary
8may waive the fines due under this Section in individual cases
9where the Secretary finds that the fines would be unreasonable
10or unnecessarily burdensome.
 
11    (225 ILCS 325/20.10 new)
12    Sec. 20.10. Unlicensed practice; violation; civil penalty.
13    (a) Any person who practices, offers to practice, attempts
14to practice, or holds himself or herself out to practice as a
15professional engineer or engineer intern without being
16licensed or exempt under this Act shall, in addition to any
17other penalty provided by law, pay a civil penalty to the
18Department in an amount not to exceed $10,000 for each offense,
19as determined by the Department. The civil penalty shall be
20assessed by the Department after a hearing is held in
21accordance with this Act regarding the provision of a hearing
22for the discipline of a licensee.
23    (b) A firm or business that offers design services under
24this Act without being registered as a professional design firm
25or exempt under this Act shall, in addition to any other

 

 

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1penalty provided by law, pay a civil penalty to the Department
2in an amount not to exceed $10,000 for each offense, as
3determined by the Department. The civil penalty shall be
4assessed by the Department after a hearing is held in
5accordance with this Act regarding the provision of a hearing
6for the discipline of a licensee.
7    (c) The Department may investigate any actual, alleged, or
8suspected unlicensed activity.
9    (d) The civil penalty shall be paid within 60 days after
10the effective date of the order imposing the civil penalty. The
11order shall constitute a final judgment and may be filed and
12execution had thereon in the same manner as any judgment from
13any court of record.
14    (e) A person or entity not licensed or registered under
15this Act that has violated any provision of this Act or its
16rules is guilty of a Class A misdemeanor for the first offense
17and a Class 4 felony for a second and subsequent offenses.
 
18    (225 ILCS 325/23)  (from Ch. 111, par. 5223)
19    (Section scheduled to be repealed on January 1, 2020)
20    Sec. 23. Professional design firm registration.
21    (a) Nothing in this Act shall prohibit the formation, under
22the provisions of the Professional Service Corporation Act, as
23amended, of a corporation to practice professional
24engineering.
25    Any business, including a Professional Service

 

 

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1Corporation, that includes within its stated purposes or
2practices, or holds itself out as available to practice,
3professional engineering shall be registered with the
4Department pursuant to the provisions set forth in this
5Section.
6    Any sole proprietorship not owned and operated by an
7Illinois licensed design professional licensed under this Act
8shall be prohibited from offering professional engineering
9services to the public. Any sole proprietorship owned and
10operated by a professional engineer with an active license
11issued under this Act and conducting or transacting such
12business under an assumed name in accordance with the
13provisions of the Assumed Business Name Act shall comply with
14the registration requirements of a professional design firm.
15Any sole proprietorship owned and operated by a professional
16engineer with an active license issued under this Act and
17conducting or transacting such business under the real name of
18the sole proprietor is exempt from the registration
19requirements of a professional design firm. "Illinois licensed
20design professional" means a person who holds an active license
21as a professional engineer under this Act, as an architect
22under the Illinois Architecture Practice Act of 1989, or as a
23structural engineer under the Structural Engineering Practice
24Act of 1989.
25    (b) Any professional design firm seeking to be registered
26pursuant to the provisions of this Section shall not be

 

 

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1registered unless one or more managing agents in charge of
2professional engineering activities in this State are
3designated by the professional design firm. Each managing agent
4must at all times maintain a valid, active license to practice
5professional engineering in Illinois.
6    No individual whose license to practice professional
7engineering in this State is currently in a suspended or
8revoked status shall act as a managing agent for a professional
9design firm.
10    (c) Any business seeking to be registered under this
11Section shall make application on a form provided by the
12Department and shall provide such information as requested by
13the Department, which shall include, but not be limited to:
14        (1) the name and license number of the person
15    designated as the managing agent in responsible charge of
16    the practice of professional engineering in Illinois. In
17    the case of a corporation, the corporation shall also
18    submit a certified copy of the resolution by the board of
19    directors designating the managing agent. In the case of a
20    limited liability company, the company shall submit a
21    certified copy of either its articles of organization or
22    operating agreement designating the managing agent;
23        (2) the names and license numbers of the directors, in
24    the case of a corporation, the members, in the case of a
25    limited liability company, or general partners, in the case
26    of a partnership;

 

 

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1        (3) a list of all office locations at which the
2    professional design firm provides professional engineering
3    services to the public; and
4        (4) a list of all assumed names of the business.
5    Nothing in this Section shall be construed to exempt a
6    professional design firm, sole proprietorship, or
7    professional service corporation from compliance with the
8    requirements of the Assumed Business Name Act.
9    It is the responsibility of the professional design firm to
10provide the Department notice, in writing, of any changes in
11the information requested on the application.
12    (d) The Department shall issue to each business a
13certificate of registration to practice professional
14engineering or offer the services of its licensees in this
15State upon submittal of a proper application for registration
16and payment of fees. The expiration date and renewal period for
17each registration and renewal procedures shall be established
18by rule.
19    (e) In the event a managing agent is terminated or
20terminates his or her status as managing agent of the
21professional design firm, the managing agent and the
22professional design firm shall notify the Department of this
23fact in writing, by regular certified mail or email, within 10
24business days of such termination. Thereafter, the
25professional design firm, if it has so informed the Department,
26shall have 30 days in which to notify the Department of the

 

 

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1name and license number of a newly designated managing agent.
2If a corporation, the corporation shall also submit a certified
3copy of a resolution by the board of directors designating the
4new managing agent. If a limited liability company, the company
5shall also submit a certified copy of either its articles of
6organization or operating agreement designating the new
7managing agent. The Department may, upon good cause shown,
8extend the original 30-day 30 day period.
9    If the professional design firm has not notified the
10Department in writing, by regular certified mail or email
11within the specified time, the registration shall be terminated
12without prior hearing. Notification of termination shall be
13sent by regular certified mail or email to the last known
14address of the business. If the professional design firm
15continues to operate and offer professional engineering
16services after the termination, the Department may seek
17prosecution under Sections 21 and 24, 39, and 40 of this Act
18for the unlicensed practice of professional engineering.
19    (f) No professional design firm shall be relieved of
20responsibility for the conduct or acts of its agent, employees,
21members, managers, or officers by reason of its compliance with
22this Section, nor shall any individual practicing professional
23engineering be relieved of the responsibility for professional
24services performed by reason of the individual's employment or
25relationship with a professional design firm registered under
26this Section.

 

 

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1    (g) Disciplinary action against a professional design firm
2registered under this Section shall be administered in the same
3manner and on the same grounds as disciplinary action against a
4licensed professional engineer. All disciplinary action taken
5or pending against a corporation or partnership before the
6effective date of this amendatory Act of 1993 shall be
7continued or remain in effect without the Department filing
8separate actions.
9(Source: P.A. 91-91, eff. 1-1-00; 91-92, eff. 1-1-00; 92-16,
10eff. 6-28-01.)
 
11    (225 ILCS 325/24)  (from Ch. 111, par. 5224)
12    (Section scheduled to be repealed on January 1, 2020)
13    Sec. 24. Grounds for Rules of professional conduct;
14disciplinary or administrative action.
15    (a) The Department may refuse to issue or renew a license
16or registration, or may revoke, suspend, place on probation,
17reprimand, or take other disciplinary or non-disciplinary
18action as the Department may deem proper, including fines not
19to exceed $10,000 per violation, with regard to any license
20issued under this Act, for any one or a combination of the
21following reasons: The Department shall adopt rules setting
22standards of professional conduct and establish appropriate
23penalties for the breach of such rules.
24    (a-1) The Department may, singularly or in combination,
25refuse to issue, renew, or restore a license or may revoke,

 

 

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1suspend, place on probation, reprimand, or take other
2disciplinary or non-disciplinary action with regard to a person
3licensed under this Act, including but not limited to, the
4imposition of a fine not to exceed $10,000 per violation upon
5any person, corporation, partnership, or professional design
6firm licensed or registered under this Act, for any one or
7combination of the following causes:
8        (1) Material misstatement in furnishing information to
9    the Department.
10        (2) Negligence, incompetence, or misconduct in the
11    practice of professional engineering. Violations of this
12    Act or any of its rules.
13        (3) Failure to comply with any provisions of this Act
14    or any of its rules. Conviction of or entry of a plea of
15    guilty or nolo contendere to any crime that is a felony
16    under the laws of the United States or any state or
17    territory thereof, or that is a misdemeanor, an essential
18    element of which is dishonesty, or any crime that is
19    directly related to the practice of engineering.
20        (4) Fraud or any misrepresentation in applying for or
21    procuring a license under this Act or in connection with
22    applying for renewal or restoration of a license under this
23    Act. Making any misrepresentation for the purpose of
24    obtaining, renewing, or restoring a license or violating
25    any provision of this Act or the rules promulgated under
26    this Act pertaining to advertising.

 

 

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1        (5) Purposefully making false statements or signing
2    false statements, certificates, or affidavits to induce
3    payment. Willfully making or signing a false statement,
4    certificate, or affidavit to induce payment.
5        (6) Conviction of or entry of a plea of guilty or nolo
6    contendere, finding of guilt, jury verdict, or entry of
7    judgment or sentencing, including, but not limited to,
8    convictions, preceding sentences of supervision,
9    conditional discharge or first offender probation under
10    the laws of any jurisdiction of the United States that is
11    (i) a felony or (ii) a misdemeanor, an essential element of
12    which is dishonesty, that is directly related to the
13    practice of the profession of professional engineering.
14    Negligence, incompetence or misconduct in the practice of
15    professional engineering as a licensed professional
16    engineer or in working as an engineer intern.
17        (7) Aiding or assisting another person in violating any
18    provision of this Act or its rules.
19        (8) Failing to provide information in response to a
20    written request made by the Department within 60 30 days
21    after receipt of such written request.
22        (9) Engaging in dishonorable, unethical, or
23    unprofessional conduct of a character likely to deceive,
24    defraud, or harm the public.
25        (10) Habitual or excessive use or abuse of drugs
26    defined in law as controlled substances, of alcohol,

 

 

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1    narcotics, stimulants, or any other substances that
2    results in the inability to practice with reasonable
3    judgment, skill, or safety. Inability to practice the
4    profession with reasonable judgment, skill, or safety as a
5    result of a physical illness, including, but not limited
6    to, deterioration through the aging process or loss of
7    motor skill, or mental illness or disability.
8        (11) A finding by the Department that an applicant or
9    licensee has failed to pay a fine imposed by the
10    Department. Discipline by the United States Government,
11    another state, District of Columbia, territory, foreign
12    nation or government agency, if at least one of the grounds
13    for the discipline is the same or substantially equivalent
14    to those set forth in this Act.
15        (12) A finding by the Department that the licensee,
16    after having his or her license placed on probationary
17    status, has violated the terms of probation or failed to
18    comply with such terms. Directly or indirectly giving to or
19    receiving from any person, firm, corporation, partnership
20    or association any fee, commission, rebate or other form of
21    compensation for any professional services not actually or
22    personally rendered.
23        (13) Inability to practice the profession with
24    reasonable judgment, skill, or safety as a result of
25    physical illness, including, but not limited to,
26    deterioration through the aging process, loss of motor

 

 

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1    skill, mental illness, or disability. A finding by the
2    Department that an applicant or registrant has failed to
3    pay a fine imposed by the Department, a registrant whose
4    license has been placed on probationary status has violated
5    the terms of probation, or a registrant has practiced on an
6    expired, inactive, suspended, or revoked license.
7        (14) Discipline by another state, territory, foreign
8    country, the District of Columbia, the United States
9    government, or any other government agency if at least one
10    of the grounds for discipline is the same or substantially
11    equivalent to those set forth in this Act. Signing,
12    affixing the professional engineer's seal or permitting
13    the professional engineer's seal to be affixed to any
14    technical submissions not prepared as required by Section
15    14 or completely reviewed by the professional engineer or
16    under the professional engineer's direct supervision.
17        (15) The making of any willfully false oath or
18    affirmation in any matter or proceeding where an oath or
19    affirmation is required by this Act. Inability to practice
20    the profession with reasonable judgment, skill or safety as
21    a result of habitual or excessive use or addiction to
22    alcohol, narcotics, stimulants, or any other chemical
23    agent or drug.
24        (16) Using or attempting to use an expired, inactive,
25    suspended, or revoked license or the certificate or seal of
26    another or impersonating another licensee. The making of a

 

 

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1    statement pursuant to the Environmental Barriers Act that a
2    plan for construction or alteration of a public facility or
3    for construction of a multi-story housing unit is in
4    compliance with the Environmental Barriers Act when such
5    plan is not in compliance.
6        (17) Directly or indirectly giving to or receiving from
7    any person or entity any fee, commission, rebate, or other
8    form of compensation for any professional service not
9    actually or personally rendered. (Blank).
10        (18) Signing or affixing the professional engineer's
11    seal or permitting the seal to be affixed to any technical
12    submissions not prepared by the professional engineer or
13    under the professional engineer's supervision and control.
14        (19) Making a statement pursuant to the Environmental
15    Barriers Act that a plan for construction or alteration of
16    a public facility or for construction of a multi-story
17    housing unit is in compliance with the Environmental
18    Barriers Act when such plan is not in compliance.
19    (a-2) The Department shall deny a license or renewal
20authorized by this Act to a person who has failed to file a
21return, to pay the tax, penalty, or interest shown in a filed
22return, or to pay any final assessment of tax, penalty, or
23interest as required by any tax Act administered by the
24Department of Revenue, until such time as the requirements of
25the tax Act are satisfied in accordance with subsection (g) of
26Section 2105-15 of the Department of Professional Regulation

 

 

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1Law of the Civil Administrative Code of Illinois (20 ILCS
22105/2105-15).
3    (a-3) (Blank).
4    (a-4) In cases where the Department of Healthcare and
5Family Services (formerly the Department of Public Aid) has
6previously determined that a licensee or a potential licensee
7is more than 30 days delinquent in the payment of child support
8and has subsequently certified the delinquency to the
9Department, the Department shall refuse to issue or renew or
10shall revoke or suspend that person's license or shall take
11other disciplinary action against that person based solely upon
12the certification of delinquency made by the Department of
13Healthcare and Family Services in accordance with subdivision
14(a)(5) of Section 2105-15 of the Department of Professional
15Regulation Law of the Civil Administrative Code of Illinois (20
16ILCS 2105/2105-15).
17    (a-5) In enforcing this Section, the Department or Board,
18upon a showing of a possible violation, may order a licensee or
19applicant to submit to a mental or physical examination, or
20both, at the expense of the Department. The Department or Board
21may order the examining physician to present testimony
22concerning his or her examination of the licensee or applicant.
23No information shall be excluded by reason of any common law or
24statutory privilege relating to communications between the
25licensee or applicant and the examining physician. The
26examining physicians shall be specifically designated by the

 

 

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1Board or Department. The licensee or applicant may have, at his
2or her own expense, another physician of his or her choice
3present during all aspects of the examination. Failure of a
4licensee or applicant to submit to any such examination when
5directed, without reasonable cause as defined by rule, shall be
6grounds for either the immediate suspension of his or her
7license or immediate denial of his or her application.
8    If the Secretary immediately suspends the license of a
9licensee for his or her failure to submit to a mental or
10physical examination when directed, a hearing must be convened
11by the Department within 15 days after the suspension and
12completed without appreciable delay.
13    If the Secretary otherwise suspends a license pursuant to
14the results of the licensee's mental or physical examination, a
15hearing must be convened by the Department within 15 days after
16the suspension and completed without appreciable delay. The
17Department and Board shall have the authority to review the
18licensee's record of treatment and counseling regarding the
19relevant impairment or impairments to the extent permitted by
20applicable federal statutes and regulations safeguarding the
21confidentiality of medical records.
22    Any licensee suspended under this subsection (a-5) shall be
23afforded an opportunity to demonstrate to the Department or
24Board that he or she can resume practice in compliance with the
25acceptable and prevailing standards under the provisions of his
26or her license.

 

 

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1    (b) The determination by a circuit court that a registrant
2is subject to involuntary admission or judicial admission as
3provided in the Mental Health and Developmental Disabilities
4Code, as now or hereafter amended, operates as an automatic
5suspension. Such suspension will end only upon a finding by a
6court that the patient is no longer subject to involuntary
7admission or judicial admission, the issuance of an order so
8finding and discharging the patient, and the recommendation of
9the Board to the Secretary Director that the registrant be
10allowed to resume practice.
11    (c) In cases where the Department of Healthcare and Family
12Services (formerly the Department of Public Aid) has previously
13determined that a licensee or a potential licensee is more than
1430 days delinquent in the payment of child support and has
15subsequently certified the delinquency to the Department, the
16Department shall refuse to issue or renew or shall revoke or
17suspend that person's license or shall take other disciplinary
18action against that person based solely upon the certification
19of delinquency made by the Department of Healthcare and Family
20Services in accordance with paragraph (5) of subsection (a) of
21Section 2105-15 of the Department of Professional Regulation
22Law of the Civil Administrative Code of Illinois.
23    (d) The Department shall refuse to issue or renew or shall
24revoke or suspend a person's license or shall take other
25disciplinary action against that person for his or her failure
26to file a return, to pay the tax, penalty, or interest shown in

 

 

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1a filed return, or to pay any final assessment of tax, penalty,
2or interest as required by any tax Act administered by the
3Department of Revenue, until the requirements of the tax Act
4are satisfied in accordance with subsection (g) of Section
52105-15 of the Department of Professional Regulation Law of the
6Civil Administrative Code of Illinois.
7(Source: P.A. 100-872, eff. 8-14-18.)
 
8    (225 ILCS 325/25)  (from Ch. 111, par. 5225)
9    (Section scheduled to be repealed on January 1, 2020)
10    Sec. 25. Violations; Injunction; cease Cease and desist
11order.
12    (a) If any person or other entity violates the provisions
13of this Act, the Secretary Director, in the name of the People
14of the State of Illinois, through the Attorney General of the
15State of Illinois or the State's Attorney of the county in
16which the violation is alleged to have occurred, may petition
17the circuit court for an order enjoining such violation or for
18an order enforcing compliance with this Act. Upon the filing of
19a verified petition, the court may issue a temporary
20restraining order, without bond, and may preliminarily and
21permanently enjoin such violation. If it is established that
22such person or other entity has violated or is violating the
23injunction, the court may punish the offender for contempt of
24court. Proceedings under this Section shall be in addition to,
25and not in lieu of, all other remedies and penalties provided

 

 

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1by this Act.
2    (b) (Blank). If any person practices as a professional
3engineer or holds himself out as such, without being licensed
4under the provisions of this Act, then any professional
5engineer, or any interested party or any person injured thereby
6may, in addition to the Director, petition for relief as
7provided in this Section.
8    (c) (Blank)
9    (d) Whenever in the opinion of the Department, any person
10or other entity violates any provision of this Act, the
11Department may issue a notice to show cause why an order to
12cease and desist should not be entered against that person or
13other entity. The rule shall clearly set forth the grounds
14relied upon by the Department and shall provide a period of 7
15days from the date of the rule to file an answer to the
16satisfaction of the Department. Failure to answer to the
17satisfaction of the Department shall cause an order to cease
18and desist to be issued immediately.
19(Source: P.A. 88-428; 88-595, eff. 8-26-94.)
 
20    (225 ILCS 325/26)  (from Ch. 111, par. 5226)
21    (Section scheduled to be repealed on January 1, 2020)
22    Sec. 26. Investigations; notice and hearing.
23    (a) The Department may investigate the actions of any
24applicant or of any person or entity holding or claiming to
25hold a license or registration under this Act.

 

 

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1    (b) Before the initiation of a formal complaint, the matter
2shall be reviewed by a subcommittee of the Board according to
3procedures established by rule for the Complaint Committee. If
4a subcommittee has not been formed, the matter shall proceed
5through the process as stated in subsection (c) of this
6Section.
7    (c) The Department shall, before disciplining an applicant
8or licensee, at least 30 days before the date set for the
9hearing, (i) notify in writing the applicant or licensee of the
10charges made and the time and place for the hearing on the
11charges, (ii) direct the applicant or licensee to file a
12written answer to the charges under oath within 20 days after
13the service of the notice, and (iii) inform the applicant or
14licensee that failure to file a written answer to the charges
15will result in a default being entered against the applicant or
16licensee.
17    (d) Written or electronic notice, and any notice in the
18subsequent proceeding, may be served by personal delivery, by
19email, or by mail to the applicant or licensee at his or her
20address of record or email address of record.
21    (e) At the time and place fixed in the notice, the Board or
22hearing officer appointed by the Secretary shall proceed to
23hear the charges, and the parties or their counsel shall be
24accorded ample opportunity to present any statement,
25testimony, evidence, and argument as may be pertinent to the
26charges or to their defense. The Board or hearing officer may

 

 

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1continue the hearing from time to time.
2    (f) In case the licensee or applicant, after receiving the
3notice, fails to file an answer, the license or application
4may, in the discretion of the Secretary, having first received
5the recommendation of the Board, be suspended, revoked, or
6placed on probationary status, or be subject to whatever
7disciplinary action the Secretary considers proper, including
8limiting the scope, nature, or extent of the person's practice
9or imposition of a fine, without hearing, if the act or acts
10charged constitute sufficient grounds for the action under this
11Act.
12The Department may investigate the actions of any applicant or
13of any person or entity holding or claiming to hold a license
14or registration or offering professional engineering services.
15Before the initiation of an investigation, the matter shall be
16reviewed by a subcommittee of the Board according to procedure
17established by rule for the Complaint Committee. The Department
18shall, before refusing to issue, restore or renew a license or
19registration or otherwise discipline a licensee or registrant,
20at least 30 days prior to the date set for the hearing, notify
21in writing the applicant for, or holder of, a license or
22registration of the nature of the charges, that a hearing will
23be held on the date designated, and direct the applicant or
24entity or licensee or registrant to file a written answer to
25the Department under oath within 20 days after the service of
26the notice and inform the applicant or entity or licensee or

 

 

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1registrant that failure to file an answer will result in
2default being taken against the applicant or entity or licensee
3or registrant and that the license or certificate may be
4suspended, revoked, placed on probationary status, or other
5disciplinary action may be taken, including limiting the scope,
6nature or extent of practice, as the Secretary may deem proper.
7Written notice may be served by personal delivery or certified
8or registered mail to the respondent at the address of record.
9In case the person or entity fails to file an answer after
10receiving notice as provided in this Section, his or her
11license or certificate may, in the discretion of the
12Department, be suspended, revoked, or placed on probationary
13status, or the Department may take whatever disciplinary action
14deemed proper, including limiting the scope, nature, or extent
15of the person's practice or the imposition of a fine, without a
16hearing, if the act or acts charged constitute sufficient
17grounds for such action under this Act. At the time and place
18fixed in the notice, the Board shall proceed to hear the
19charges and the parties or their counsel shall be accorded
20ample opportunity to present such statements, testimony,
21evidence and argument as may be pertinent to the charges or to
22their defense. The Board may continue the hearing from time to
23time.
24(Source: P.A. 96-626, eff. 8-24-09.)
 
25    (225 ILCS 325/27)  (from Ch. 111, par. 5227)

 

 

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1    (Section scheduled to be repealed on January 1, 2020)
2    Sec. 27. Record of proceedings Stenographer; transcript.
3    (a) The Department, at its expense, shall provide a
4certified shorthand reporter to take down the testimony and
5preserve a record of all proceedings at the hearing of any case
6in which a license may be revoked or suspended or in which a
7licensee may be placed on probationary status, reprimanded,
8fined, or subjected to other disciplinary action with reference
9to the license when a disciplinary action is authorized under
10this Act and its rules. The notice of hearing, complaint, and
11all other documents in the nature of pleadings and written
12motions filed in the proceedings, the transcript of the
13testimony, the report of the Board, and the orders of the
14Department shall be the record of the proceedings. The record
15may be made available to any person interested in the hearing
16upon payment of the fee required by Section 2105-115 of the
17Department of Professional Regulation Law of the Civil
18Administrative Code of Illinois.
19    (b) The Department may contract for court reporting
20services, and, if it does so, the Department shall provide the
21name and contact information for the certified shorthand
22reporter who transcribed the testimony at a hearing to any
23person interested, who may obtain a copy of the transcript of
24any proceedings at a hearing upon payment of the fee specified
25by the certified shorthand reporter.
26The Department, at its expense, shall preserve a record of all

 

 

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1proceedings at the formal hearing of any case involving the
2refusal to issue, restore or renew a license or otherwise
3discipline a registrant. The notice of hearing, complaint and
4all other documents in the nature of pleadings and written
5motions filed in the proceedings, the transcript of testimony,
6the report of the Board and orders of the Department shall be
7in the record of the proceeding. The Department shall furnish a
8transcript of the record to any person interested in the
9hearing upon payment of the fee required under Section 2105-115
10of the Department of Professional Regulation Law (20 ILCS
112105/2105-115).
12(Source: P.A. 91-239, eff. 1-1-00.)
 
13    (225 ILCS 325/27.5)
14    (Section scheduled to be repealed on January 1, 2020)
15    Sec. 27.5. Subpoenas; depositions; oaths.
16    (a) The Department has the power to subpoena documents,
17books, records, or other materials, to bring before it any
18person, and to take testimony either orally or by deposition,
19or take written interrogatories, or any combination thereof,
20with the same fees and mileage and in the same manner
21prescribed in civil cases in courts of this State.
22    (b) The Secretary, the designated hearing officer, and
23every member of the Board has the power to administer oaths to
24witnesses at any hearing that the Department is authorized to
25conduct and any other oaths authorized in any Act administered

 

 

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1by the Department.
2(Source: P.A. 96-626, eff. 8-24-09.)
 
3    (225 ILCS 325/29)  (from Ch. 111, par. 5229)
4    (Section scheduled to be repealed on January 1, 2020)
5    Sec. 29. Hearing; motion for rehearing Notice of hearing;
6Findings and recommendations.
7    (a) The Board or hearing officer appointed by the Secretary
8shall hear evidence in support of the formal charges and
9evidence produced by the licensee. At the conclusion of the
10hearing, the Board or hearing officer shall present to the
11Secretary a written report of its findings of fact, conclusions
12of law, and recommendations. If the Board fails to present its
13report, the applicant or licensee may request in writing a
14direct appeal to the Secretary, in which case the Secretary may
15issue an order based upon the report of the hearing officer and
16the record of the proceedings or issue an order remanding the
17matter back to the hearing officer for additional proceedings
18in accordance with the order.
19    (b) At the conclusion of the hearing, a copy of the Board
20or hearing officer's report shall be served upon the applicant
21or licensee, either personally or as provided in this Act for
22the service of the notice of hearing. Within 20 calendar days
23after such service, the applicant or licensee may present to
24the Department a motion, in writing, for a rehearing which
25shall specify the particular grounds for rehearing. The

 

 

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1Department may respond to the motion for rehearing within 20
2calendar days after its service on the Department. If no motion
3for rehearing is filed, then upon the expiration of the time
4specified for filing such a motion, or upon denial of a motion
5for rehearing, the Secretary may enter an order in accordance
6with the recommendations of the Board or hearing officer. If
7the applicant or licensee orders from the reporting service and
8pays for a transcript of the record within the time for filing
9a motion for rehearing, the 20 calendar day period within which
10a motion may be filed shall commence upon delivery of the
11transcript to the applicant or licensee.
12    (c) If the Secretary disagrees in any regard with the
13report of the Board, the Secretary may issue an order contrary
14to the report. The Secretary shall notify the Board on any such
15deviation and shall specify with particularity the reasons for
16such action in the final order.
17    (d) Whenever the Secretary is not satisfied that
18substantial justice has been done, the Secretary may order a
19hearing by the same or another hearing officer.
20    (e) At any point in any investigation or disciplinary
21proceeding provided for in this Act, both parties may agree to
22a negotiated consent order. The consent order shall be final
23upon signature of the Secretary.
24At the conclusion of the hearing, the Board shall present to
25the Secretary a written report of its finding and
26recommendations. The report shall contain a finding whether or

 

 

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1not the accused person violated this Act or its rules or failed
2to comply with the conditions required in this Act or its
3rules. The Board shall specify the nature of the violation or
4failure to comply, and shall make its recommendations to the
5Secretary. The Board may take into consideration in making its
6recommendations for discipline all facts and circumstances
7bearing upon the reasonableness of the conduct of the
8respondent and the potential for future harm to the public,
9including but not limited to previous discipline by the
10Department, intent, degree of harm to the public and likelihood
11of harm in the future, any restitution made, and whether the
12incident or incidents complained of appear to be isolated or a
13pattern of conduct. In making its recommendations for
14discipline, the Board shall endeavor to ensure that the
15severity of the discipline recommended bears some reasonable
16relationship to the severity of the violation. The report of
17findings of fact, conclusions of law and recommendation of the
18Board shall be the basis for the Department's order refusing to
19issue, restore or renew a license, or otherwise discipline a
20registrant. If the Secretary disagrees in any regard with the
21report of the Board, the Secretary may issue an order in
22contravention thereof, following the procedures set forth in
23Section 7. The Secretary shall provide a written report to the
24Board on any deviation, and shall specify with particularity
25the reasons for said action. The finding is not admissible in
26evidence against the person in a criminal prosecution brought

 

 

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1for the violation of this Act, but the hearing and finding are
2not a bar to a criminal prosecution brought for the violation
3of this Act.
4(Source: P.A. 96-626, eff. 8-24-09.)
 
5    (225 ILCS 325/31.5 new)
6    Sec. 31.5. Confidentiality. All information collected by
7the Department in the course of an examination or investigation
8of a licensee or applicant, including, but not limited to, any
9complaint against a licensee filed with the Department and
10information collected to investigate any such complaint, shall
11be maintained for the confidential use of the Department and
12shall not be disclosed. The Department may not disclose the
13information to anyone other than law enforcement officials,
14other regulatory agencies that have an appropriate regulatory
15interest as determined by the Secretary, or a party presenting
16a lawful subpoena to the Department. Information and documents
17disclosed to a federal, State, county, or local law enforcement
18agency shall not be disclosed by the agency for any purpose to
19any other agency or person. A formal complaint filed against a
20licensee by the Department or any order issued by the
21Department against a licensee or applicant shall be a public
22record, except as otherwise prohibited by law.
 
23    (225 ILCS 325/32)  (from Ch. 111, par. 5232)
24    (Section scheduled to be repealed on January 1, 2020)

 

 

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1    Sec. 32. Hearing Appointment of a hearing officer.
2Notwithstanding any provision in this Act, the Secretary has
3the authority to appoint an attorney duly licensed to practice
4law in the State of Illinois to serve as the hearing officer in
5any action for refusal to issue or renew a license or
6discipline a licensee. The Board may have at least one member
7present at any hearing conducted by the hearing officer. The
8hearing officer shall have full authority to conduct the
9hearing. The hearing officer shall report his or her findings
10of fact, conclusions of law, and recommendations to the Board
11and to the Secretary. If Notwithstanding the provisions of
12Section 26, the Secretary has the authority to appoint any
13attorney duly registered to practice law in the State of
14Illinois to serve as the hearing officer in any action for
15refusal to issue, restore or renew a license or to discipline a
16registrant. The hearing officer has full authority to conduct
17the hearing. The hearing officer shall report the findings and
18recommendations to the Board and the Secretary. The Board has
1960 days from receipt of the report to review the report of the
20hearing officer and present its findings of fact, conclusions
21of law and recommendations to the Secretary. If the Board fails
22to present its report within the 60 day period, the Secretary
23shall issue an order based on the report of the hearing officer
24except as herein noted. However, if the Secretary disagrees in
25any regard with the report of the Board or hearing officer, the
26Secretary may issue an order in contravention thereof,

 

 

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1following the procedures set forth in Section 7. The Secretary
2shall provide a written report to the Board on any deviation,
3and shall specify with particularity the reasons for said
4action.
5(Source: P.A. 96-626, eff. 8-24-09.)
 
6    (225 ILCS 325/34)  (from Ch. 111, par. 5234)
7    (Section scheduled to be repealed on January 1, 2020)
8    Sec. 34. Restoration from disciplinary status of suspended
9or revoked license.
10    (a) At any time after the successful completion of a term
11of probation, suspension, or revocation, or probation of any
12license under this Act, the Department may restore the license
13it to the licensee accused person, after review and upon the
14written recommendation of the Board, unless after an
15investigation and a hearing, the Department determines that
16restoration is not in the public interest.
17    (b) Where circumstances of suspension or revocation so
18indicate, the Department may require an examination of the
19licensee prior to restoring his or her license.
20    (c) No person whose license has been revoked as authorized
21in this Act may apply for restoration of that license until
22such time as provided for in the Department of Professional
23Regulation Law of the Civil Administrative Code of Illinois.
24    (d) A license that has been suspended or revoked shall be
25considered nonrenewed for purposes of restoration and a

 

 

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1licensee restoring his or her license from suspension or
2revocation must comply with the requirements for restoration as
3set forth in Section 17 and any related rules adopted.
4(Source: P.A. 96-626, eff. 8-24-09.)
 
5    (225 ILCS 325/37)  (from Ch. 111, par. 5237)
6    (Section scheduled to be repealed on January 1, 2020)
7    Sec. 37. Administrative review; Venue.
8    (a) All final administrative decisions of the Department
9are subject to judicial review pursuant to the provisions of
10the Administrative Review Law and all rules adopted pursuant
11thereto. The term "administrative decision" is defined as in
12Section 3-101 of the Code of Civil Procedure.
13    (b) Proceedings for judicial review shall be commenced in
14the circuit court of the county in which the party applying for
15review resides, but if the party is not a resident of this
16State, the venue shall be in Sangamon County.
17    (c) The Department shall not be required to certify any
18record to the court or file any answer in court or to otherwise
19appear in any court in a judicial review proceeding until the
20Department has received from the plaintiff payment of the costs
21of furnishing and certifying the record, which costs shall be
22determined by the Department.
23    (d) Failure on the part of the plaintiff to file a receipt
24in court shall be grounds for dismissal of the action.
25    (e) During the pendency and hearing of any and all judicial

 

 

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1proceedings incident to a disciplinary action, the sanctions
2imposed upon the accused by the Department shall remain in full
3force and effect.
4(Source: P.A. 86-667.)
 
5    (225 ILCS 325/41)  (from Ch. 111, par. 5241)
6    (Section scheduled to be repealed on January 1, 2020)
7    Sec. 41. Violation; political subdivisions, county, city
8or town; construction Political subdivisions, County, City or
9Town; Construction without professional engineer. It is
10unlawful for the State or any of its political subdivisions, or
11any county, city or town to engage in the construction of any
12public work involving professional engineering, unless the
13engineering plan, specifications, and estimates have been
14prepared by, and the construction is executed under, the
15guidance of a professional engineer licensed under this Act.
16(Source: P.A. 86-667.)
 
17    (225 ILCS 325/44)  (from Ch. 111, par. 5244)
18    (Section scheduled to be repealed on January 1, 2020)
19    Sec. 44. Fund; appropriations; investments; audits. Moneys
20deposited into in the Design Professionals Administration and
21Investigation Fund shall be appropriated to the Department
22exclusively for expenses of the Department and the Board in the
23administration of this Act, the Illinois Professional Land
24Surveyor Act of 1989, the Illinois Architecture Practice Act,

 

 

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1and the Structural Engineering Practice Act of 1989. The
2expenses of the Department under this Act shall be limited to
3the ordinary and contingent expenses of the Design
4Professionals Dedicated Employees within the Department as
5established under Section 2105-75 of the Department of
6Professional Regulation Law of the Civil Administrative Code of
7Illinois (20 ILCS 2105/2105-75) and other expenses related to
8the administration and enforcement of this Act.
9    Moneys from the Fund may also be used for direct and
10allocable indirect costs related to the public purposes of the
11Department of Professional Regulation. Moneys in the Fund may
12be transferred to the Professions Indirect Cost Fund as
13authorized by Section 2105-300 of the Department of
14Professional Regulation Law of the Civil Administrative Code of
15Illinois (20 ILCS 2105/2105-300).
16    Moneys in the Design Professionals Administration and
17Investigation Fund may be invested and reinvested with all
18earnings received from the investments to be deposited into in
19the Design Professionals Administration and Investigation Fund
20and used for the same purposes as fees deposited into in the
21Fund.
22    All fines and penalties under Sections Section 21 and 24,
23Section 39, Section 42, and Section 43 shall be deposited into
24in the Design Professionals Administration and Investigation
25Fund.
26    Upon the completion of any audit of the Department as

 

 

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1prescribed by the Illinois State Auditing Act that audit
2includes an audit of the Design Professionals Administration
3and Investigation Fund, the Department shall make the audit
4report open to inspection by any interested person. The copy of
5the audit report required to be submitted to the Department by
6this Section is in addition to copies of audit reports required
7to be submitted to other State officers and agencies by Section
83-14 of the Illinois State Auditing Act.
9(Source: P.A. 91-91, eff. 1-1-00; 91-92, eff. 1-1-00; 91-239,
10eff. 1-1-00; 92-16, eff. 6-28-01.)
 
11    (225 ILCS 325/45)  (from Ch. 111, par. 5245)
12    (Section scheduled to be repealed on January 1, 2020)
13    Sec. 45. Illinois Administrative Procedure Act;
14application. The Illinois Administrative Procedure Act is
15hereby expressly adopted and incorporated herein as if all of
16the provisions of Act were included in this Act, except that
17the provision of subsection (d) of Section 10-65 of the
18Illinois Administrative Procedure Act that provides that at
19hearings the registrant has the right to show compliance with
20all lawful requirements for retention, continuation or renewal
21of the license is specifically excluded. For the purpose of
22this Act the notice required under Section 10-25 of the
23Illinois Administrative Procedure Act is deemed sufficient
24when mailed to the last known address of record or emailed to
25the email address of record of a party.

 

 

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1(Source: P.A. 88-45.)
 
2    (225 ILCS 325/47)  (from Ch. 111, par. 5247)
3    (Section scheduled to be repealed on January 1, 2020)
4    Sec. 47. Practice of structural engineering or
5architecture.
6    (a) No professional engineer may practice structural
7engineering as defined in the Structural Engineering Practice
8Act of 1989 unless he or she is licensed under the provisions
9of that Act.
10    (b) No professional engineer may practice architecture as
11defined in the Illinois Architecture Practice Act of 1989
12unless he or she is licensed under the provisions of that Act.
13(Source: P.A. 91-91, eff. 1-1-00; 92-16, eff. 6-28-01.)
 
14    (225 ILCS 325/48)  (from Ch. 111, par. 5248)
15    (Section scheduled to be repealed on January 1, 2020)
16    Sec. 48. Construction of Act; existing Existing
17injunctions. The provisions of this Act, insofar as they are
18the same or substantially the same as those of any prior law,
19shall be construed as a continuation of such prior law and not
20as a new enactment.
21    Any existing injunction or temporary restraining order
22validly obtained under The Illinois Professional Engineering
23Act, approved July 20, 1945, as amended, which prohibits
24unlicensed practice of professional engineering or prohibits

 

 

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1or requires any other conduct in connection with the practice
2of professional engineering shall not be invalidated by the
3enactment of this Act and shall continue to have full force and
4effect on and after the effective date of this Act.
5(Source: P.A. 86-667.)
 
6    (225 ILCS 325/21 rep.)
7    (225 ILCS 325/30 rep.)
8    (225 ILCS 325/31 rep.)
9    (225 ILCS 325/38 rep.)
10    (225 ILCS 325/39 rep.)
11    (225 ILCS 325/40 rep.)
12    (225 ILCS 325/42 rep.)
13    (225 ILCS 325/43 rep.)
14    Section 15. The Professional Engineering Practice Act of
151989 is amended by repealing Sections 21, 30, 31 38, 39, 40, 42
16and, 43.
 
17    Section 99. Effective date. This Act takes effect upon
18becoming law.".