Full Text of SB1684 101st General Assembly
SB1684ham001 101ST GENERAL ASSEMBLY | Rep. Kelly M. Burke Filed: 5/8/2019
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| 1 | | AMENDMENT TO SENATE BILL 1684
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1684 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Regulatory Sunset Act is amended by | 5 | | changing Section 4.30 by adding Section 4.40 as follows: | 6 | | (5 ILCS 80/4.30) | 7 | | Sec. 4.30. Acts repealed on January 1, 2020. The following | 8 | | Acts are repealed on January 1, 2020: | 9 | | The Auction License Act. | 10 | | The Community Association Manager Licensing and | 11 | | Disciplinary Act. | 12 | | The Illinois Architecture Practice Act of 1989. | 13 | | The Illinois Landscape Architecture Act of 1989. | 14 | | The Illinois Professional Land Surveyor Act of 1989. | 15 | | The Orthotics, Prosthetics, and Pedorthics Practice Act. | 16 | | The Perfusionist Practice Act.
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| 1 | | The Pharmacy Practice Act. | 2 | | The Professional Engineering Practice Act of 1989. | 3 | | The Real Estate License Act of 2000. | 4 | | The Structural Engineering Practice Act of 1989. | 5 | | (Source: P.A. 100-497, eff. 9-8-17; 100-534, eff. 9-22-17; | 6 | | 100-863, eff. 8-14-18.) | 7 | | (5 ILCS 80/4.40 new) | 8 | | Sec. 4.40. Act repealed on January 1, 2030. The following | 9 | | Act is repealed on January 1, 2030: | 10 | | The Illinois Architecture Practice Act of 1989. | 11 | | Section 10. The Illinois Architecture Practice Act of 1989 | 12 | | is amended by changing Sections 4, 6, 8, 9, 10, 11, 12, 13, 14, | 13 | | 16, 17, 17.5, 18, 19, 20, 21, 22, 23, 23.5, 24, 25, 26, 27, 28, | 14 | | 29, 30, 31, 32, 33, 34, and 37 and by adding Section 4.1 as | 15 | | follows:
| 16 | | (225 ILCS 305/4) (from Ch. 111, par. 1304)
| 17 | | (Section scheduled to be repealed on January 1, 2020)
| 18 | | Sec. 4. Definitions. In this Act:
| 19 | | "Address of record" means the designated address recorded | 20 | | by the Department in the applicant's or licensee's application | 21 | | file or license file maintained by the Department's licensure | 22 | | maintenance unit. It is the duty of the applicant or licensee | 23 | | to inform the Department of any change of address, and such |
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| 1 | | changes must be made either through the Department's website or | 2 | | by directly contacting the Department. | 3 | | "Architect, Retired" means a person who has been duly
| 4 | | licensed as an architect by the Department and who chooses to | 5 | | place on inactive status or not renew his or her license | 6 | | pursuant to Section 17.5 of this Act . | 7 | | "Architectural associate intern " means an unlicensed | 8 | | person who has completed the education requirements, is | 9 | | actively participating in the diversified professional | 10 | | training, and
maintains in good standing a training record as | 11 | | required for licensure by this Act and may use the title | 12 | | "architectural associate intern ", but may not independently | 13 | | engage in the practice of architecture. | 14 | | "Board" means the Illinois Architecture Licensing Board | 15 | | appointed by the Secretary. | 16 | | "Department" means the Department of Financial and | 17 | | Professional Regulation.
| 18 | | "Design build" or and "design build entity" means the | 19 | | project delivery process defined in 68 Ill. Adm. Code 1150.85, | 20 | | and any amendments or changes thereto.
| 21 | | "Email address of record" means the designated email | 22 | | address recorded by the Department in the applicant's | 23 | | application file or the licensee's license file as maintained | 24 | | by the Department's licensure maintenance unit. | 25 | | "Public health" as related to the practice of architecture | 26 | | means the state of the well-being of the body or mind of the |
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| 1 | | building user.
| 2 | | "Public safety" as related to the practice of architecture | 3 | | means the state of being reasonably free from risk of danger, | 4 | | damage, or injury.
| 5 | | "Public welfare" as related to the practice of architecture | 6 | | means the well-being of the building user resulting from the | 7 | | state of a physical environment that accommodates human | 8 | | activity.
| 9 | | "Secretary" means the Secretary of Financial and | 10 | | Professional Regulation. | 11 | | (Source: P.A. 96-610, eff. 8-24-09.)
| 12 | | (225 ILCS 305/4.1 new) | 13 | | Sec. 4.1. Address of record; email address of record. All | 14 | | applicants and licensees shall: | 15 | | (1) provide a valid address and email address to the | 16 | | Department, which shall serve as the address of record and | 17 | | email address of record, respectively, at the time of | 18 | | application for licensure or renewal of a license; and | 19 | | (2) inform the Department of any change of address of | 20 | | record or email address of record within 14 days after such | 21 | | change either through the Department's website or by | 22 | | contacting the Department's licensure maintenance unit.
| 23 | | (225 ILCS 305/6) (from Ch. 111, par. 1306)
| 24 | | (Section scheduled to be repealed on January 1, 2020)
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| 1 | | Sec. 6. Technical submissions. All
technical submissions
| 2 | | intended for use in construction in the State of Illinois shall | 3 | | be prepared
and administered in accordance with standards of | 4 | | reasonable professional
skill and diligence. Care shall be | 5 | | taken to reflect the requirements of
State statutes and, where | 6 | | applicable, county and municipal building
ordinances in such | 7 | | submissions. In recognition that
architects are licensed
for | 8 | | the protection of the public health, safety and welfare, | 9 | | submissions
shall be of such quality and scope, and be so | 10 | | administered, as to conform to
professional standards.
| 11 | | (a) Technical submissions are the designs,
drawings , and | 12 | | specifications that which
establish the scope of the | 13 | | architecture to be constructed, the standard of
quality for | 14 | | materials, workmanship, equipment, and construction systems,
| 15 | | and the studies and other technical reports and calculations | 16 | | prepared in
the
course of the
practice of architecture.
| 17 | | (b) All technical submissions intended for use in the State | 18 | | of Illinois shall be prepared and administered in accordance | 19 | | with standards of reasonable professional skill and diligence. | 20 | | Care shall be taken to reflect the requirements of State | 21 | | statutes and, where applicable, county and municipal | 22 | | ordinances in such submissions. In recognition that architects | 23 | | are licensed for the protection of the public health, safety, | 24 | | and welfare, submissions shall be of such quality and scope, | 25 | | and be so administered, as to conform to professional | 26 | | standards. |
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| 1 | | (c) No officer, board, commission, or other public entity | 2 | | who receives technical submissions shall accept for filing or | 3 | | approval any technical submissions relating to services | 4 | | requiring the involvement of an architect that do not bear the | 5 | | seal and signature of an architect licensed under this Act. | 6 | | (d) It is unlawful to affix one's seal to technical | 7 | | submissions if it masks the true identity of the person who | 8 | | actually exercised responsible control of the preparation of | 9 | | such work. An architect who seals and signs technical | 10 | | submissions is not responsible for damage caused by subsequent | 11 | | changes to or uses of those technical submissions where the | 12 | | subsequent changes or uses, including changes or uses made by | 13 | | State or local governmental agencies, are not authorized or
| 14 | | approved in writing by the architect who originally sealed and | 15 | | signed the technical submissions. | 16 | | (Source: P.A. 96-610, eff. 8-24-09.)
| 17 | | (225 ILCS 305/8) (from Ch. 111, par. 1308)
| 18 | | (Section scheduled to be repealed on January 1, 2020)
| 19 | | Sec. 8. Powers and duties of the Department. | 20 | | (a) The (1) Subject to the provisions of this Act, the | 21 | | Department shall , subject to the provisions of this Act,
| 22 | | exercise the following functions, powers, and duties:
| 23 | | (1) Authorize (a) conduct examinations to ascertain | 24 | | the qualifications and fitness
of applicants for licensure | 25 | | as architects, and pass upon the
qualifications and fitness |
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| 1 | | of applicants for licensure by endorsement . ;
| 2 | | (2) Adopt (b) prescribe rules for a method of | 3 | | examination of candidates . ;
| 4 | | (3) Adopt (c) prescribe rules defining what | 5 | | constitutes an approved architectural program. a school, | 6 | | college or
university, or department of a university, or | 7 | | other institution, reputable
and in good standing, to | 8 | | determine whether or not a school, college or
university, | 9 | | or department of a university, or other institution is
| 10 | | reputable and in good standing by reference to compliance | 11 | | with such
rules, and to terminate the approval of such | 12 | | school, college or university
or department of a university | 13 | | or other institution that refuses admittance
to applicants | 14 | | solely on the basis of race, color, creed, sex or national
| 15 | | origin. The Department may adopt, as its own rules relating | 16 | | to education
requirements, those guidelines published from | 17 | | time to time by the National
Architectural Accrediting | 18 | | Board . ;
| 19 | | (4) Adopt (d) prescribe rules for diversified | 20 | | professional training . ;
| 21 | | (5) Conduct hearings on proceedings to refuse to issue, | 22 | | renew, or restore licenses or registrations, revoke | 23 | | licenses or registrations, suspend licenses or | 24 | | registrations, or place on probation or reprimand persons | 25 | | or entities licensed or registered under the provisions of | 26 | | this Act. (e) conduct oral interviews, disciplinary |
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| 1 | | conferences and formal
evidentiary hearings on proceedings | 2 | | to impose fines or to suspend, revoke,
place on | 3 | | probationary status, reprimand, and refuse to issue or | 4 | | restore any
license issued under the provisions of this Act | 5 | | for the reasons set forth
in Section 22 of this Act;
| 6 | | (6) Issue (f) issue licenses and registrations to those | 7 | | who meet the requirements of this Act . ;
| 8 | | (7) Adopt (g) formulate and publish rules necessary or | 9 | | appropriate to carrying out
the provisions of this Act;
| 10 | | (8) Maintain (h) maintain membership in the National | 11 | | Council of Architectural
Registration Boards and | 12 | | participate in activities of the Council by
designation of | 13 | | individuals for the various classifications of membership | 14 | | and
the appointment of delegates for attendance at regional | 15 | | and national meetings
of the Council. All costs associated | 16 | | with membership and attendance of such
delegates to any | 17 | | national meetings may be funded from the Design | 18 | | Professionals
Administration and Investigation Fund . ; and
| 19 | | (9) Review (i) review such applicant qualifications to | 20 | | sit for the examination or for licensure that the Board | 21 | | designates pursuant to Section 10 of this Act . | 22 | | (10) Conduct investigations related to possible | 23 | | violations of this Act. | 24 | | (11) Post on the Department's website a
newsletter | 25 | | describing the most recent changes in this Act and the
| 26 | | rules adopted under this Act and containing information of |
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| 1 | | any final
disciplinary action that has been ordered under | 2 | | this Act since the date of the
last newsletter. | 3 | | (b) (2) Upon the issuance of any final decision or order | 4 | | that deviates from
any report or recommendation of the Board | 5 | | relating to the qualification of
applicants, discipline of | 6 | | licensees or registrants, or adoption promulgation of rules,
| 7 | | the Secretary shall notify the Board on any such deviation and | 8 | | shall specify with particularity the reasons for the action in | 9 | | with an explanation of the deviation and provide a reasonable | 10 | | time for the Board to submit
comments to the Secretary | 11 | | regarding the final decision or order. The Department may at | 12 | | any time seek the expert
advice and knowledge of the Board on | 13 | | any matter relating to the enforcement of
this Act.
| 14 | | (c) (3) The Department may in its discretion, but shall not | 15 | | be required to, employ or utilize the legal services of outside | 16 | | counsel and the investigative services of outside personnel to | 17 | | assist the Department. However, no attorney employed or used by | 18 | | the Department shall prosecute a matter or provide legal | 19 | | services to the Department or Board with respect to the same | 20 | | matter. | 21 | | (Source: P.A. 98-976, eff. 8-15-14.)
| 22 | | (225 ILCS 305/9) (from Ch. 111, par. 1309)
| 23 | | (Section scheduled to be repealed on January 1, 2020)
| 24 | | Sec. 9. Creation of the Board. The Secretary Director shall | 25 | | appoint an
Architecture Licensing Board consisting which will |
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| 1 | | consist of 7 6 members who shall serve in an advisory capacity | 2 | | to the Secretary . All members of the Board shall be residents | 3 | | of Illinois. Six
Five members
shall (i) hold a valid | 4 | | architecture license in Illinois and have held the license | 5 | | under this Act for the preceding 10 years, and (ii) not have | 6 | | been disciplined within the preceding 10 years under this Act. | 7 | | One architect be architects, one of whom shall be a tenured | 8 | | member of the
architectural faculty of an Illinois public | 9 | | university accredited by the National Architectural | 10 | | Accrediting Board. The other 4 shall be
architects, residing in | 11 | | this State, who have been engaged in the
practice of | 12 | | architecture at least 10 years. In addition to the 6 5
| 13 | | architects, there shall be one public member. The public member | 14 | | shall be a
voting member and shall not be licensed under this | 15 | | Act or any other design profession licensing Act that the | 16 | | Department administers not hold a license as an architect, | 17 | | professional
engineer, structural engineer or land surveyor .
| 18 | | Board members shall serve 5-year 5 year terms and until | 19 | | their successors are
appointed and qualified. In appointing | 20 | | members making the designation of
persons to the Board, the | 21 | | Secretary Director shall give due consideration to
| 22 | | recommendations by members and organizations of the | 23 | | architecture profession.
| 24 | | The membership of the Board should reasonably reflect | 25 | | representation from
the geographic areas in this State.
| 26 | | No member shall be reappointed to the Board for a term |
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| 1 | | which would cause
his or her continuous service on the Board to | 2 | | be longer than 2 consecutive 5-year terms 10 successive
years .
| 3 | | Appointments to fill vacancies shall be made in the same | 4 | | manner as
original appointments, for the unexpired portion of | 5 | | the vacated term.
| 6 | | Four members of the Board shall constitute a quorum. A | 7 | | quorum is required for Board
decisions.
| 8 | | The Secretary Director may remove any member of the Board | 9 | | for misconduct,
incompetence, or neglect of duty , or for | 10 | | reasons prescribed by law for
removal of State officials.
| 11 | | The Secretary Director may remove a member of the Board who | 12 | | does not attend 2
consecutive meetings.
| 13 | | Notice of proposed rulemaking shall be transmitted to the | 14 | | Board and the
Department shall review the response of the Board | 15 | | and any recommendations
made therein. The Department may, at | 16 | | any time, seek the expert advice and
knowledge of the Board on | 17 | | any matter relating to the administration or
enforcement of | 18 | | this Act.
| 19 | | Members of the Board are not liable for damages in any | 20 | | action or proceeding as a result of activities performed as | 21 | | members of the Board, except upon proof of actual malice. are | 22 | | immune from suit in any action based upon
any disciplinary | 23 | | proceedings or other activities performed in good faith as
| 24 | | members of the Board.
| 25 | | Members of the Board shall be reimbursed for all | 26 | | legitimate, necessary, and authorized expenses. |
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| 1 | | (Source: P.A. 98-976, eff. 8-15-14.)
| 2 | | (225 ILCS 305/10) (from Ch. 111, par. 1310)
| 3 | | (Section scheduled to be repealed on January 1, 2020)
| 4 | | Sec. 10. Powers and duties of the Board. Subject to the | 5 | | provisions of this Act, the Board shall exercise the following | 6 | | functions, powers, and duties: | 7 | | (a) The Board shall hold at
least 3 regular meetings | 8 | | each year , conducted in accordance with the Open Meetings | 9 | | Act .
| 10 | | (b) The Board shall annually elect a Chairperson and a | 11 | | Vice Chairperson who
shall be
Illinois licensed | 12 | | architects.
| 13 | | (c) The Board, upon request by the Department, may make | 14 | | a curriculum
evaluation or use a nationally certified | 15 | | evaluation service to determine if courses conform to the | 16 | | requirements of approved
architectural programs.
| 17 | | (d) The Board shall assist the Department in conducting | 18 | | oral interviews,
disciplinary conferences and formal | 19 | | evidentiary hearings.
| 20 | | (d) (e) The Department may, at any time, seek the | 21 | | expert advice and knowledge
of the Board on any matter | 22 | | relating to the enforcement of this Act.
| 23 | | (e) (f) The Board may appoint a subcommittee to serve | 24 | | as a Complaint Committee
to recommend the disposition of | 25 | | case files according to procedures established
by rule in |
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| 1 | | 68 Ill. Adm. Code 1150.95, and any amendments or changes | 2 | | thereto.
| 3 | | (f) The Board shall assist the Department in conducting | 4 | | oral interviews, disciplinary conferences, informal | 5 | | conferences, and formal evidentiary hearings. | 6 | | (g) The Board shall review applicant qualifications to | 7 | | sit for
the examination or for licensure and shall make | 8 | | recommendations to the
Department except for those | 9 | | applicant qualifications that the Board designates as | 10 | | routinely acceptable. The Department shall review the | 11 | | Board's recommendations on
applicant qualifications. The | 12 | | Secretary shall notify the Board
with an explanation of any | 13 | | deviation from the Board's recommendation on
applicant | 14 | | qualifications. After review of the Secretary's
| 15 | | explanation of his or her reasons for deviation, the Board | 16 | | shall have the
opportunity to comment upon the Secretary's | 17 | | decision.
| 18 | | (h) The Board may submit comments to the Secretary | 19 | | within a reasonable time
from
notification of any final | 20 | | decision or order from the Secretary that deviates
from any | 21 | | report or recommendation of the Board relating to the | 22 | | qualifications
of applicants, unlicensed practice, | 23 | | discipline of licensees or registrants, or promulgation of
| 24 | | rules.
| 25 | | (h) (i) The Board may recommend that the Department | 26 | | contract
with an individual or a corporation or other |
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| 1 | | business entity to assist in the providing of | 2 | | investigative, legal, prosecutorial, and other services | 3 | | necessary to perform its
duties pursuant to subsection (c) | 4 | | (3) of Section 8 of this Act. | 5 | | (Source: P.A. 98-976, eff. 8-15-14.)
| 6 | | (225 ILCS 305/11) (from Ch. 111, par. 1311)
| 7 | | (Section scheduled to be repealed on January 1, 2020)
| 8 | | Sec. 11. Application for licensure original license . | 9 | | (a) Applications for original licenses
licensure shall be | 10 | | made to the Department in writing on forms or electronically as | 11 | | prescribed by
the Department and shall be accompanied by the | 12 | | required fee, which is
not refundable. All applications shall | 13 | | contain information that, in the judgment of the Department, | 14 | | will enable the Department to pass on the qualifications of the | 15 | | applicant for a license as an architect. Any such application | 16 | | shall require information as in
the judgment of the Department | 17 | | will enable the Department to pass on the
qualifications of the | 18 | | applicant to practice architecture.
The Department may require | 19 | | an applicant, at the applicant's expense, to have an evaluation | 20 | | of the applicant's education in a foreign country by an | 21 | | evaluation service approved by the Department Board in | 22 | | accordance with rules
prescribed by the Department.
| 23 | | (b) Applicants have 3 years from the date of application to | 24 | | complete the application process. If the process has not been | 25 | | completed in 3 years, the application shall be denied, the fee |
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| 1 | | shall be forfeited, and the applicant must reapply and meet the | 2 | | requirements in effect at the time of reapplication. | 3 | | An applicant who has graduated from an architectural | 4 | | program outside the
United
States or its territories and whose | 5 | | first language is not English shall submit
certification of | 6 | | passage of the Test of English as a Foreign Language (TOEFL)
| 7 | | and a test of spoken English as defined by rule. However, any | 8 | | such applicant who subsequently earns an advanced degree from | 9 | | an accredited educational institution in the United States or | 10 | | its territories shall not be subject to this requirement.
| 11 | | (Source: P.A. 98-993, eff. 1-1-15 .)
| 12 | | (225 ILCS 305/12) (from Ch. 111, par. 1312)
| 13 | | (Section scheduled to be repealed on January 1, 2020)
| 14 | | Sec. 12. Examinations ; subjects; failure or refusal to take
| 15 | | examination . | 16 | | (a) The Department shall authorize examinations of | 17 | | applicants for a license under this Act at such times and | 18 | | places as it may determine. The examination shall be of a | 19 | | character to give a fair test of the qualifications of the | 20 | | applicant to practice as an architect. | 21 | | (b) An applicant for examination is required to pay, either | 22 | | to the Department or the designated testing service, a fee | 23 | | covering the cost of providing the examination. Failure to | 24 | | appear for the examination on the scheduled date, at the time | 25 | | and place specified, after the applicant's application for |
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| 1 | | examination has been received and acknowledged by the | 2 | | Department or the designated testing service, shall result in | 3 | | the forfeiture of the examination fee. | 4 | | (c) If an applicant fails to pass an examination for | 5 | | licensure under this Act within 3 years after filing the | 6 | | application, the application shall be denied. However, such | 7 | | applicant may thereafter make a new application for examination | 8 | | accompanied by the required fee and must furnish proof of | 9 | | meeting the qualifications for examination in effect at the | 10 | | time of the new application. | 11 | | The Department shall authorize examination of applicants as
| 12 | | architects at such times and places as it may determine. The | 13 | | examination
shall be in English and shall be written or written | 14 | | and graphic. It shall
include at a minimum the following | 15 | | subjects:
| 16 | | (a) pre-design (environmental analysis, architectural | 17 | | programming,
and application of principles of project | 18 | | management and coordination);
| 19 | | (b) site planning (site analysis, design and | 20 | | development, parking,
and application of zoning | 21 | | requirements);
| 22 | | (c) building planning (conceptual planning of | 23 | | functional and space
relationships, building design, | 24 | | interior space layout, barrier-free design,
and the | 25 | | application of the life safety code requirements and | 26 | | principles of
energy efficient design);
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| 1 | | (d) building technology (application of structural | 2 | | systems, building
components, and mechanical and | 3 | | electrical systems);
| 4 | | (e) general structures (identification, resolution, | 5 | | and incorporation
of structural systems and the long span | 6 | | design on the technical aspects of
the design of buildings | 7 | | and the process and construction);
| 8 | | (f) lateral forces (identification and resolution of | 9 | | the effects of
lateral forces on the technical aspects of | 10 | | the design of buildings and the
process of construction);
| 11 | | (g) mechanical and electrical systems (as applied to | 12 | | the
design of buildings, including plumbing and acoustical | 13 | | systems);
| 14 | | (h) materials and methods (as related to the design of | 15 | | buildings
and the technical aspects of construction); and
| 16 | | (i) construction documents and services (conduct of | 17 | | architectural
practice as it relates to construction | 18 | | documents, bidding, and construction
administration and | 19 | | contractual documents from beginning to end of a building
| 20 | | project).
| 21 | | It shall be the responsibility of the applicant to be | 22 | | familiar with
this Act and its rules.
| 23 | | Examination subject matter headings and bases on which | 24 | | examinations are
graded shall be indicated in rules pertaining | 25 | | to this Act. The Department
may adopt the examinations and | 26 | | grading procedures of the National Council
of Architectural |
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| 1 | | Registration Boards. Content of any particular
examination | 2 | | shall not be considered public record under the Freedom of
| 3 | | Information Act.
| 4 | | If an applicant neglects without an approved excuse or | 5 | | refuses to take
the next available examination offered for | 6 | | licensure under this Act, the
fee paid by the applicant shall | 7 | | be forfeited. If an applicant fails to
pass an examination for | 8 | | licensure under this Act within 3 years after
filing an | 9 | | application, the application shall be denied. The applicant
| 10 | | may, however, make a new application for examination | 11 | | accompanied
by the required fee and must furnish proof of | 12 | | meeting the qualifications
for examination in effect at the | 13 | | time of the new application.
| 14 | | (d) An applicant shall have 5 years from the passage of the | 15 | | first examination to successfully complete all examinations | 16 | | required by rule of the Department. | 17 | | The Department may by rule prescribe additional subjects | 18 | | for examination.
| 19 | | (e) An applicant has one year from the date of notification | 20 | | of
successful completion of all the examination and experience | 21 | | requirements to apply to the
Department for a license. If an | 22 | | applicant fails to apply within one year,
the applicant shall | 23 | | be required to again take and pass the examination, unless the | 24 | | Department, upon recommendation of the Board, determines that | 25 | | there is sufficient cause for the delay that is not due to the | 26 | | fault of the applicant.
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| 1 | | (Source: P.A. 98-976, eff. 8-15-14.)
| 2 | | (225 ILCS 305/13) (from Ch. 111, par. 1313)
| 3 | | (Section scheduled to be repealed on January 1, 2020)
| 4 | | Sec. 13. Qualifications of applicants. Any person who is of | 5 | | good
moral character may apply for licensure if he
or she
is
a | 6 | | graduate with a first professional degree in architecture from | 7 | | a program
accredited by the National Architectural Accrediting | 8 | | Board, has completed the
examination requirements set forth | 9 | | under Section 12 of this Act , and has
completed such | 10 | | diversified professional training, including academic
| 11 | | training, as is required by rules of the Department. Until | 12 | | January 1, 2016, in lieu of the
requirement of graduation with | 13 | | a first professional degree in architecture
from a program | 14 | | accredited by the National Architectural Accrediting Board,
| 15 | | the Department may admit an applicant who is a graduate with a
| 16 | | pre-professional 4 year baccalaureate degree accepted for | 17 | | direct entry into
a first professional master of architecture | 18 | | degree program, and who has
completed such additional | 19 | | diversified professional training, including
academic | 20 | | training, as is required by rules of the Department. The
| 21 | | Department may adopt, as its own rules relating to diversified | 22 | | professional
training, those guidelines published from time to | 23 | | time by the National
Council of Architectural Registration | 24 | | Boards.
| 25 | | Good moral character means such character as will enable a |
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| 1 | | person to
discharge the fiduciary duties of an architect to | 2 | | that person's client and
to the public in a manner that which | 3 | | protects health, safety , and welfare. Evidence
of inability to | 4 | | discharge such duties may include the commission of an
offense | 5 | | justifying discipline under Section 22. In addition, the
| 6 | | Department may take into consideration whether the applicant | 7 | | has engaged in
conduct or actions that would constitute grounds | 8 | | for discipline under this
Act.
| 9 | | (Source: P.A. 98-288, eff. 8-9-13.)
| 10 | | (225 ILCS 305/14) (from Ch. 111, par. 1314)
| 11 | | (Section scheduled to be repealed on January 1, 2020)
| 12 | | Sec. 14. Seal Display of license; seal . Every holder of a | 13 | | license as an architect shall display it in a conspicuous place | 14 | | in the principal
office of the architect. Every architect shall | 15 | | have a reproducible
seal, or facsimile,
the impression print of | 16 | | which shall contain the name of the architect, the license
| 17 | | number, and the words "Licensed Architect, State of Illinois". | 18 | | The
architect shall affix the signature, current date, date of | 19 | | license
expiration , and seal to the first sheet of any bound | 20 | | set or loose sheets of
technical submissions used utilized as | 21 | | contract
documents between the parties to the contract or | 22 | | prepared for the
review and approval of any governmental or | 23 | | public authority having
jurisdiction by that architect or under | 24 | | that
architect's responsible control. The sheet
of technical | 25 | | submissions in which the seal is affixed shall indicate those |
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| 1 | | documents or
parts thereof for which the seal shall apply.
The | 2 | | seal and dates may be electronically affixed. The licensee may | 3 | | provide, at his or her sole discretion, an original signature | 4 | | in the licensee's handwriting, a scanned copy of the document | 5 | | bearing an original signature, or a signature generated by a | 6 | | computer. All technical submissions issued by any corporation,
| 7 | | partnership, professional service corporation, or professional | 8 | | design firm as
registered under this Act shall contain the | 9 | | corporate or assumed business name
and design firm registration | 10 | | number, in addition to any other seal
requirements as set forth | 11 | | in this Section.
| 12 | | "Responsible control" means that amount of control over and | 13 | | detailed
professional knowledge of
the content of technical | 14 | | submissions during their preparation as is ordinarily
| 15 | | exercised by architects
applying the required professional | 16 | | standard of care. Merely reviewing or
reviewing and correcting | 17 | | the
technical submissions or any portion thereof prepared by | 18 | | those not in the
regular employment of the
office where the | 19 | | architect is resident without control over the content of such
| 20 | | work throughout its
preparation does not constitute | 21 | | responsible control.
| 22 | | An architect licensed under this Act the laws of this | 23 | | jurisdiction shall not sign and
seal technical
submissions that | 24 | | were not prepared by or under the responsible control of the
| 25 | | architect except that:
| 26 | | (1) the architect may sign and seal those portions of |
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| 1 | | the technical
submissions that were
prepared by or under | 2 | | the responsible control of persons who hold a license
under | 3 | | this Act, and
who shall have signed and sealed the | 4 | | documents, if the architect has reviewed
in whole or in
| 5 | | part such portions and has either coordinated their | 6 | | preparation or integrated
them into his or
her work;
| 7 | | (2) the architect may sign and seal portions of the | 8 | | professional work that
are not
required by this Act to be | 9 | | prepared by or under the responsible control of an
| 10 | | architect if the
architect has reviewed and adopted in | 11 | | whole or in part such portions and has
integrated them
into | 12 | | his or her work; and
| 13 | | (3) a partner or corporate officer of a professional | 14 | | design firm
registered in Illinois
who is licensed under | 15 | | the architecture licensing laws of this State, and who
has | 16 | | professional
knowledge of the content of the technical | 17 | | submissions and intends to be
responsible for the
adequacy | 18 | | of the technical submissions, may sign and seal technical | 19 | | submissions
that are prepared
by or under the responsible | 20 | | control of architects who are licensed in this
State and | 21 | | who are in
the regular employment of the professional | 22 | | design firm.
| 23 | | The architect exercising responsible control under which | 24 | | the technical submissions documents or
portions of the
| 25 | | technical submissions documents were prepared shall be | 26 | | identified on the technical submissions documents or portions |
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| 1 | | of the
technical submissions documents by name and
Illinois | 2 | | license number.
| 3 | | Any architect who signs and seals technical submissions not | 4 | | prepared
by that architect
but prepared under the architect's | 5 | | responsible control by persons not regularly
employed in the | 6 | | office
where the architect is resident shall maintain and make | 7 | | available to the board
upon request for at
least 5 years | 8 | | following such signing and sealing, adequate and complete | 9 | | records
demonstrating the
nature and extent of the architect's | 10 | | control over and detailed professional
knowledge of such
| 11 | | technical submissions throughout their preparation.
| 12 | | (Source: P.A. 98-289, eff. 1-1-14; 98-976, eff. 8-15-14.)
| 13 | | (225 ILCS 305/16) (from Ch. 111, par. 1316)
| 14 | | (Section scheduled to be repealed on January 1, 2020)
| 15 | | Sec. 16. Renewal, reinstatement, or restoration of | 16 | | license; persons Licenses; renewal; restoration; architects in | 17 | | military
service. | 18 | | (a) The expiration date and renewal period for each license | 19 | | issued
under this Act shall be set by rule. The holder of a | 20 | | license may renew
such license during the month preceding the | 21 | | expiration date thereof by
paying the required fee. | 22 | | (b) An architect who has permitted his
or her license to | 23 | | expire or who has had his or her license placed on inactive | 24 | | status may have
his or her license restored by making | 25 | | application to the Department and filing
proof acceptable to |
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| 1 | | the Department of his or her fitness to have his or her license
| 2 | | restored, including , but not limited to, sworn evidence | 3 | | certifying to active practice in another
jurisdiction | 4 | | satisfactory to the Department, and by paying the required | 5 | | restoration fee as determined by rule .
| 6 | | If the person has not maintained an active practice in | 7 | | another
jurisdiction satisfactory to the Department, the Board | 8 | | shall determine, by
an evaluation program established by rule, | 9 | | that person's fitness to resume
active status and may require | 10 | | that person to successfully complete an examination.
| 11 | | Any person whose license has been expired for more than 3 | 12 | | years may have
his license restored by making application to | 13 | | the Department and filing
proof acceptable to the Department of | 14 | | his fitness to have his license
restored, including sworn | 15 | | evidence certifying to active practice in another
| 16 | | jurisdiction, and by paying the required restoration fee.
| 17 | | (c) An architect However, any person whose license has | 18 | | expired while he has been engaged
(1) in federal service on | 19 | | active duty with the Armed Forces Army of the United States ,
| 20 | | the United States Navy, the Marine Corps, the Air Force, the | 21 | | Coast Guard,
or the State Militia called into the service or | 22 | | training of the United
States of America , or (2) in training or | 23 | | education under the supervision of
the United States | 24 | | preliminary to induction into the military service, may
have a | 25 | | his license restored or reinstated without paying any lapsed | 26 | | reinstatement, renewal ,
fees or restoration fees fee if within |
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| 1 | | 2 years after termination other than by dishonorable discharge | 2 | | of such
service, training , or education and the Department is | 3 | | furnished with satisfactory evidence that the licensee has been | 4 | | so engaged in the practice of architecture and that such | 5 | | service, training, or education has been so terminated other | 6 | | than by dishonorable discharge he
furnishes the Department with | 7 | | an affidavit to the effect that he has been
so engaged and that | 8 | | his service, training or education has been so terminated .
| 9 | | (Source: P.A. 98-976, eff. 8-15-14.)
| 10 | | (225 ILCS 305/17) (from Ch. 111, par. 1317)
| 11 | | (Section scheduled to be repealed on January 1, 2020)
| 12 | | Sec. 17. Inactive status ; restoration . A person licensed | 13 | | under this Act Any architect, who
notifies the Department in | 14 | | writing on forms prescribed by the Department,
may elect to | 15 | | place his or her license on an inactive status and shall,
| 16 | | subject to rules of the Department, be excused from payment of | 17 | | renewal fees
until he or she notifies the Department in writing | 18 | | of his or her desire to
resume active status.
| 19 | | Any architect requesting restoration from inactive status | 20 | | shall
be required to pay the current renewal fee and shall have | 21 | | his or her
license restored as provided in Section 16 of this | 22 | | Act.
| 23 | | Any architect whose license is in an inactive status shall | 24 | | not
practice architecture in the State of Illinois.
| 25 | | (Source: P.A. 98-976, eff. 8-15-14.)
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| 1 | | (225 ILCS 305/17.5) | 2 | | (Section scheduled to be repealed on January 1, 2020)
| 3 | | Sec. 17.5. Architect, Retired. | 4 | | (a) Pursuant to Section 2105-15 of the Department of | 5 | | Professional Regulation Law of the Civil Administrative Code of | 6 | | Illinois, the Department may grant the title "Architect, | 7 | | Retired" may be used by to any person who has been duly | 8 | | licensed as an architect under this Act by the Department and | 9 | | who has chosen to place on inactive status or not renew his or | 10 | | her license. Those persons using granted the title "Architect, | 11 | | Retired" may request restoration to active status under the | 12 | | applicable provisions of this Act. | 13 | | (b) The use of the title "Architect, Retired" shall not | 14 | | constitute representation of current licensure. Any person
| 15 | | without an active license shall not be permitted to practice | 16 | | architecture as defined in this Act. | 17 | | (c) Nothing in this Section shall be construed to require | 18 | | the Department to issue any certificate, credential, or other | 19 | | official document indicating that a person may use has been | 20 | | granted the title "Architect, Retired".
| 21 | | (Source: P.A. 96-610, eff. 8-24-09.)
| 22 | | (225 ILCS 305/18) (from Ch. 111, par. 1318)
| 23 | | (Section scheduled to be repealed on January 1, 2020)
| 24 | | Sec. 18. Endorsement. |
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| 1 | | (a) The Department may, upon application in writing on | 2 | | forms or electronically accompanied by the required fee, issue | 3 | | a license as an architect to an applicant licensed under the | 4 | | laws of another state, the District of Columbia, or a territory | 5 | | of the United States if the requirements for licensure in that | 6 | | jurisdiction were, on the date of original licensure, | 7 | | substantially equivalent to the requirements then in force in | 8 | | this State. | 9 | | (b) If the accuracy of any submitted documentation or | 10 | | relevance or sufficiency of the coursework or experience is | 11 | | questioned by the Department or the Board because of a lack of | 12 | | information, discrepancies or conflicts in information given, | 13 | | or a need for clarification, the applicant seeking licensure | 14 | | may be required to provide additional information. | 15 | | The Department may, in its discretion, license
as an architect, | 16 | | without examination on payment of the required fee, an
| 17 | | applicant who is an architect licensed under the laws of | 18 | | another state or
territory, if the requirements for licensure | 19 | | in the state or territory in
which the applicant was licensed | 20 | | were, at the date of his licensure,
substantially equivalent to | 21 | | the requirements in force in this State on that date.
| 22 | | (c) Applicants have 3 years from the date of application to | 23 | | complete the
application process. If the process has not been | 24 | | completed within the 3
years, the application shall be denied, | 25 | | the fee shall be forfeited , and the applicant
must reapply and | 26 | | meet the requirements in effect at the time of reapplication.
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| 1 | | (Source: P.A. 86-702 .)
| 2 | | (225 ILCS 305/19) (from Ch. 111, par. 1319)
| 3 | | (Section scheduled to be repealed on January 1, 2020)
| 4 | | Sec. 19. Fees.
| 5 | | (a) The Department shall provide by rule for a schedule of | 6 | | fees to be paid
for licenses or registrations by all | 7 | | applicants. All fees are not refundable.
| 8 | | (b) The fees for the administration and enforcement of this | 9 | | Act, including ,
but not limited to , original licensure, firm | 10 | | registration, renewal, and restoration, shall be set
by rule by | 11 | | the Department.
| 12 | | (c) All of the fees and fines collected as authorized under | 13 | | this Act pursuant to this Section shall be
deposited in the | 14 | | Design Professionals Administration and Investigation Fund.
Of | 15 | | the moneys deposited into the Design Professionals | 16 | | Administration and
Investigation Fund, the Department may use | 17 | | such funds as necessary and
available to produce and distribute | 18 | | newsletters to persons licensed under this
Act.
| 19 | | Any person who delivers a check or other payment to the | 20 | | Department that
is returned to the Department unpaid by the | 21 | | financial institution upon
which it is drawn shall pay to the | 22 | | Department, in addition to the amount
already owed to the | 23 | | Department, a fine of $50.
The fines imposed by this Section | 24 | | are in addition
to any other discipline provided under this Act | 25 | | for unlicensed
practice or practice on a nonrenewed license. |
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| 1 | | The Department shall notify
the person that payment of fees and | 2 | | fines shall be paid to the Department
by certified check or | 3 | | money order within 30 calendar days of the
notification. If, | 4 | | after the expiration of 30 days from the date of the
| 5 | | notification, the person has failed to submit the necessary | 6 | | remittance, the
Department shall automatically terminate the | 7 | | license or certificate or deny
the application, without | 8 | | hearing. If, after termination or denial, the
person seeks a | 9 | | license or certificate, he or she shall apply to the
Department | 10 | | for restoration or issuance of the license or certificate and
| 11 | | pay all fees and fines due to the Department. The Department | 12 | | may establish
a fee for the processing of an application for | 13 | | restoration of a license or
certificate to pay all expenses of | 14 | | processing this application. The Director
may waive the fines | 15 | | due under this Section in individual cases where the
Director | 16 | | finds that the fines would be unreasonable or unnecessarily
| 17 | | burdensome.
| 18 | | (Source: P.A. 91-133, eff. 1-1-00; 92-146, eff. 1-1-02 .)
| 19 | | (225 ILCS 305/20) (from Ch. 111, par. 1320)
| 20 | | (Section scheduled to be repealed on January 1, 2020)
| 21 | | Sec. 20. Roster of licensees and registrants. The | 22 | | Department shall maintain a roster showing the address of | 23 | | record of individuals and entities who hold licenses or | 24 | | registrations under this Act. A roster showing the
names and | 25 | | addresses of all architects, architectural corporations and
|
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| 1 | | partnerships and professional design firms licensed or | 2 | | registered under
this Act shall be prepared by the Department | 3 | | each year. This roster shall be
organized by discipline and | 4 | | available by discipline upon written request and payment of the | 5 | | required fee.
| 6 | | (Source: P.A. 94-543, eff. 8-10-05 .)
| 7 | | (225 ILCS 305/21) (from Ch. 111, par. 1321)
| 8 | | (Section scheduled to be repealed on January 1, 2020)
| 9 | | Sec. 21. Professional design firm registration; | 10 | | conditions.
| 11 | | (a) Nothing in this Act shall prohibit the formation, under | 12 | | the provisions
of the Professional Service Corporation Act, of | 13 | | a corporation to offer
the practice
of architecture.
| 14 | | Any business, including , but not limited to, a
Professional
| 15 | | Service Corporation, that includes the practice of | 16 | | architecture within its stated purposes,
practices | 17 | | architecture, or holds itself out as available to practice
| 18 | | architecture shall
register with the Department under this | 19 | | Section. Any professional service
corporation, sole | 20 | | proprietorship, or professional design firm offering
| 21 | | architectural services must have a resident architect in | 22 | | responsible charge of the
architectural practices in each | 23 | | location in which architectural services are
provided who shall | 24 | | be designated as a managing agent.
| 25 | | Any sole proprietorship not owned and operated by an |
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| 1 | | Illinois licensed design
professional licensed under this Act | 2 | | is prohibited from offering
architectural services to the | 3 | | public. "Illinois licensed design professional"
means a person | 4 | | who holds an active license as an architect under this Act,
as | 5 | | a structural engineer under the Structural Engineering | 6 | | Practice Act of
1989, as a professional engineer under the | 7 | | Professional Engineering
Practice Act of 1989, or as a | 8 | | professional land surveyor under the Professional Land | 9 | | Surveyor Act of 1989. Any sole proprietorship owned and | 10 | | operated by an
architect with an active license issued under | 11 | | this Act and conducting or
transacting such business under an | 12 | | assumed name in accordance with the
provisions of the Assumed | 13 | | Business Name Act shall comply with the registration
| 14 | | requirements of a professional design firm.
Any sole | 15 | | proprietorship owned and
operated by an
architect with an | 16 | | active license issued under this Act and conducting or
| 17 | | transacting such business under the real name of the sole | 18 | | proprietor is
exempt from the
registration requirements of a | 19 | | professional design firm.
| 20 | | (b) Any business corporation , including , but not limited | 21 | | to, a Professional Service
Corporation, partnership, limited | 22 | | liability company, or professional
design firm
seeking to be | 23 | | registered under this Section shall not be registered as a | 24 | | professional design firm unless:
| 25 | | (1) two-thirds of the board of directors, in the case | 26 | | of a corporation,
or two-thirds of the general partners, in |
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| 1 | | the case of a partnership, or
two-thirds of the members, in | 2 | | the case of a limited liability company, are
licensed under | 3 | | the laws of any State to practice architecture, | 4 | | professional
engineering, land surveying, or structural | 5 | | engineering; and
| 6 | | (2) a managing agent is (A) a sole proprietor or a | 7 | | director in the case of a corporation, a general
partner in | 8 | | the case of a partnership, or a member in the case of a | 9 | | limited
liability company, and (B) holds a license under | 10 | | this Act.
| 11 | | Any corporation, limited liability company, professional | 12 | | service
corporation, or partnership qualifying under this | 13 | | Section and
practicing in this State shall file with the | 14 | | Department any information
concerning its officers, directors, | 15 | | members, managers, partners or
beneficial owners as the | 16 | | Department may, by rule, require.
| 17 | | (c) No business shall offer the practice or hold itself out | 18 | | as available
to offer the practice
of architecture until it is | 19 | | registered with the Department as a professional design firm. | 20 | | Every entity registered as a professional design firm shall | 21 | | display its certificate of registration or a facsimile thereof | 22 | | in a conspicuous place in each office offering architectural | 23 | | services.
| 24 | | (d) Any business seeking to be registered under this
| 25 | | Section shall make application on a form provided by the | 26 | | Department and
shall provide any information requested by the |
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| 1 | | Department, which shall
include but shall not be limited to all | 2 | | of the following:
| 3 | | (1) The name and architect's license number of at least | 4 | | one person
designated as a managing agent. In the case of a | 5 | | corporation, the corporation
shall also submit a certified | 6 | | copy of the resolution by the board of
directors | 7 | | designating at least one managing agent. If a limited | 8 | | liability
company, the company shall submit a certified | 9 | | copy of either its articles of
organization or operating | 10 | | agreement designating at least one managing agent.
| 11 | | (2) The names and architect's, professional | 12 | | engineer's, structural
engineer's, or land surveyor's | 13 | | license numbers of the directors, in the
case
of a | 14 | | corporation,
the members, in the case of a limited | 15 | | liability company, or general
partners, in the case of a | 16 | | partnership.
| 17 | | (3) A list of all locations at which the professional | 18 | | design firm
provides architectural services.
| 19 | | (4) A list of all assumed names of the business. | 20 | | Nothing in this
Section shall be construed to exempt a | 21 | | business from compliance with the
requirements of the | 22 | | Assumed Business Name Act.
| 23 | | It is the responsibility of the professional design firm to
| 24 | | provide the Department notice, in writing, of any changes in | 25 | | the
information requested on the application.
| 26 | | (e) If In the event a managing agent is terminated or |
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| 1 | | terminates his or her
status
as managing agent of the | 2 | | professional design firm, the managing agent and
the | 3 | | professional design firm shall notify the Department of this | 4 | | fact in writing,
by regular
certified mail or email , within 10 | 5 | | business days of termination.
| 6 | | Thereafter, the professional design firm, if it has so | 7 | | informed the
Department, has 30 days in which to notify the | 8 | | Department of the name and
architect's license number of the | 9 | | architect who is the newly designated
managing agent. If a | 10 | | corporation, the corporation shall also submit a certified
copy | 11 | | of a resolution by the board of directors designating the new | 12 | | managing
agent. If a limited liability company, the company | 13 | | shall also submit a
certified copy of either its articles of | 14 | | organization or operating agreement
designating the new | 15 | | managing agent. The Department may, upon good cause shown,
| 16 | | extend the original 30-day 30 day period.
| 17 | | If the professional design firm has not notified the | 18 | | Department in writing,
by regular certified mail or email, | 19 | | within the specified time, the registration shall be
terminated | 20 | | without prior hearing. Notification of termination shall be | 21 | | sent by regular
certified mail to the address of record. If the | 22 | | professional
design firm continues to operate and offer | 23 | | architectural services after the
termination, the Department | 24 | | may seek prosecution under Sections 22 , 36, and 23.5 36a
of | 25 | | this Act for the unlicensed practice of architecture.
| 26 | | (f) No professional design firm shall be relieved of |
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| 1 | | responsibility
for the conduct or acts of its agents, | 2 | | employees, or officers by reason of
its compliance with this | 3 | | Section, nor shall any individual practicing
architecture be | 4 | | relieved of the responsibility for professional services
| 5 | | performed by reason of the individual's employment or | 6 | | relationship with a
professional design firm registered under | 7 | | this Section.
| 8 | | (g) Disciplinary action against a professional design firm | 9 | | registered
under this Section shall be administered in the same | 10 | | manner and on the same
grounds as disciplinary action against a | 11 | | licensed architect. All
disciplinary action taken or pending | 12 | | against a corporation or partnership
before the effective date | 13 | | of this amendatory Act of 1993 shall be continued or
remain in | 14 | | effect without the Department filing separate actions.
| 15 | | (Source: P.A. 98-976, eff. 8-15-14.)
| 16 | | (225 ILCS 305/22) (from Ch. 111, par. 1322)
| 17 | | (Section scheduled to be repealed on January 1, 2020)
| 18 | | Sec. 22. Grounds for disciplinary action Refusal, | 19 | | suspension and revocation of licenses; causes .
| 20 | | (a) The Department may , singularly or in combination, | 21 | | refuse to issue or ,
renew a license or restore, or may suspend,
| 22 | | revoke, suspend, place on probation, reprimand, or take other | 23 | | disciplinary or non-disciplinary action the Department may | 24 | | deem proper as deemed appropriate , including fines not to | 25 | | exceed $10,000 for each violation , but not limited to, the |
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| 1 | | imposition of fines not to exceed $10,000 for each violation, | 2 | | as the Department may deem proper, with regard to any a license | 3 | | issued under this Act, for any one or a combination of the | 4 | | following reasons causes :
| 5 | | (1) Material material misstatement in furnishing | 6 | | information to the Department . ;
| 7 | | (2) Negligence negligence , incompetence , or misconduct | 8 | | in the practice of
architecture . ;
| 9 | | (3) Failure failure to comply with any of the | 10 | | provisions of this Act or any of the
rules . ;
| 11 | | (4) Fraud or making any misrepresentation in applying | 12 | | for or procuring a license or registration under this Act | 13 | | or in connection with applying for renewal or restoration | 14 | | of a license or registration under this Act. for the | 15 | | purpose of obtaining licensure;
| 16 | | (5) Purposefully purposefully making false statements | 17 | | or signing false statements,
certificates or affidavits to | 18 | | induce payment . ;
| 19 | | (6) Conviction conviction of or entry of a plea of | 20 | | guilty or nolo contendere , finding of guilt, jury verdict, | 21 | | or entry of judgment or sentencing, including, but not | 22 | | limited to, convictions, preceding sentences of | 23 | | supervision, conditional discharge, or first offender | 24 | | probation to any crime that is a felony under the laws of | 25 | | any jurisdiction of the United States or any
state or | 26 | | territory thereof or that is (i) a
misdemeanor, an |
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| 1 | | essential element of which is
dishonesty, or any crime that | 2 | | is directly
related to the practice of the profession of | 3 | | architecture or (ii) a felony. ;
| 4 | | (7) Aiding aiding or assisting another person in | 5 | | violating any provision of
this Act or the its rules | 6 | | adopted under this Act. ;
| 7 | | (8) Failing to provide information in response to a | 8 | | written request made by the Department within 60 days after | 9 | | receipt of the written request. signing, affixing the | 10 | | architect's seal or permitting the
architect's seal to be | 11 | | affixed to any technical submission not prepared
by the | 12 | | architect or under that architect's responsible control;
| 13 | | (9) Engaging engaging in dishonorable, unethical or | 14 | | unprofessional conduct of a
character likely to deceive, | 15 | | defraud or harm the public . ;
| 16 | | (10) Habitual habitual or excessive use or abuse of | 17 | | drugs defined in law as controlled substances, addiction to | 18 | | alcohol, narcotics, stimulants, or any other substances | 19 | | chemical agent or drug that results in the inability to | 20 | | practice with reasonable judgment, skill, or safety . ;
| 21 | | (11) Making making a statement of compliance pursuant | 22 | | to the Environmental
Barriers Act that technical | 23 | | submissions prepared by the architect or
prepared under the | 24 | | architect's responsible control for
construction or | 25 | | alteration of an occupancy required to be in compliance | 26 | | with
the Environmental Barriers Act are in compliance with |
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| 1 | | the Environmental
Barriers Act when such technical | 2 | | submissions are not in compliance . ;
| 3 | | (12) A finding by the Department that an applicant or | 4 | | licensee has failed to pay a fine imposed by the | 5 | | Department. a finding by the Board that an applicant or | 6 | | registrant
has failed to pay a fine imposed by the | 7 | | Department or a
registrant, whose license has been
placed | 8 | | on probationary status, has violated the terms of | 9 | | probation;
| 10 | | (13) A finding by the Department that the licensee, | 11 | | after having his or her license placed on probationary | 12 | | status, has violated or failed to comply with the terms of | 13 | | probation. discipline by another state, territory, foreign | 14 | | country, the
District of Columbia, the United States | 15 | | government, or any other
governmental agency, if at least | 16 | | one of the grounds for discipline is the
same or | 17 | | substantially equivalent to those set forth herein;
| 18 | | (14) Inability to practice the profession with | 19 | | reasonable judgment, skill, or safety as a result of | 20 | | physical illness, including, but not limited to, | 21 | | deterioration through the aging process, loss of motor | 22 | | skill, mental illness, or disability. failure to provide | 23 | | information in response to a written request
made by the | 24 | | Department within 30 days after the receipt of such written
| 25 | | request;
| 26 | | (15) Discipline by another state, territory, foreign |
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| 1 | | country, the District of Columbia, the United States | 2 | | government, or any other governmental agency if at least | 3 | | one of the grounds for discipline is the same or | 4 | | substantially equivalent to those set forth in this Act. | 5 | | physical illness, including, but not limited to, | 6 | | deterioration
through the aging process or loss of motor | 7 | | skill, mental illness, or disability which results in the
| 8 | | inability to practice the profession with reasonable | 9 | | judgment, skill, and safety, including without limitation | 10 | | deterioration through the aging process, mental illness, | 11 | | or disability.
| 12 | | (16) The making of any willfully false oath or | 13 | | affirmation in any matter or proceeding where an oath or | 14 | | affirmation is required by this Act. | 15 | | (17) Using or attempting to use an expired, inactive, | 16 | | suspended, or revoked license or the certificate or seal of | 17 | | another or impersonating another licensee. | 18 | | (19) Signing, affixing, or allowing the architect's | 19 | | seal to be affixed to any technical submission not prepared | 20 | | by the architect or under the architect's responsible | 21 | | control. | 22 | | (a-5) In enforcing this Section, the Department or Board, | 23 | | upon a showing of a possible violation, may order a licensee or | 24 | | applicant to submit to a mental or physical examination, or | 25 | | both, at the expense of the Department. The Department or Board | 26 | | may order the examining physician to present testimony |
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| 1 | | concerning his or her examination of the licensee or applicant. | 2 | | No information shall be excluded by reason of any common law or | 3 | | statutory privilege relating to communications between the | 4 | | licensee or applicant and the examining physician. The | 5 | | examining physicians shall be specifically designated by the | 6 | | Board or Department. The licensee or applicant may have, at his | 7 | | or her own expense, another physician of his or her choice | 8 | | present during all aspects of the examination. Failure of a | 9 | | licensee or applicant to submit to any such examination when | 10 | | directed, without reasonable cause as defined by rule, shall be | 11 | | grounds for either the immediate suspension of his or her | 12 | | license or immediate denial of his or her application. | 13 | | If the Secretary immediately suspends the license of a | 14 | | licensee for his or her failure to submit to a mental or | 15 | | physical examination when directed, a hearing must be convened | 16 | | by the Department within 15 days after the suspension and | 17 | | completed without appreciable delay. | 18 | | If the Secretary otherwise suspends a license pursuant to | 19 | | the results of the licensee's mental or physical examination, a | 20 | | hearing must be convened by the Department within 15 days after | 21 | | the suspension and completed without appreciable delay. The | 22 | | Department and Board shall have the authority to review the | 23 | | licensee's record of treatment and counseling regarding the | 24 | | relevant impairment or impairments to the extent permitted by | 25 | | applicable federal statutes and regulations safeguarding the | 26 | | confidentiality of medical records. |
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| 1 | | Any licensee suspended under this subsection (a-5) shall be | 2 | | afforded an opportunity to demonstrate to the Department or | 3 | | Board that he or she can resume practice in compliance with the | 4 | | acceptable and prevailing standards under the provisions of his | 5 | | or her license.
| 6 | | (b) The determination by a circuit court that a licensee is | 7 | | subject to
involuntary admission or judicial admission, as | 8 | | provided in the Mental
Health and Developmental Disabilities | 9 | | Code, operates as an automatic
suspension. Such suspension will | 10 | | end only upon a finding by a court that
the patient is no | 11 | | longer subject to involuntary admission or judicial
admission, | 12 | | the issuance of an order so finding and discharging the | 13 | | patient, and
the recommendation of the Board to the Secretary | 14 | | that the licensee be
allowed to resume practice.
| 15 | | (c) (Blank). | 16 | | (d) If In cases where the Department of Healthcare and | 17 | | Family Services (formerly the Department of Public Aid) has | 18 | | previously determined that a licensee or a potential licensee | 19 | | is more than 30 days delinquent in the payment of child support | 20 | | and has subsequently certified the delinquency to the | 21 | | Department, the Department shall refuse to issue or renew or | 22 | | shall revoke or suspend that person's license or shall take | 23 | | other disciplinary action against that person based solely upon | 24 | | the certification of delinquency made by the Department of | 25 | | Healthcare and Family Services in accordance with subdivision | 26 | | (a)(5) of Section 2105-15 of the Department of Professional |
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| 1 | | Regulation Law of the Civil Administrative Code of Illinois. | 2 | | (e) The Department shall refuse to issue or renew or shall | 3 | | revoke or suspend a person's license or entity's registration | 4 | | or shall take other disciplinary action against that person or | 5 | | entity for his or her failure to file a return, to pay the tax, | 6 | | penalty, or interest shown in a filed return, or to pay any | 7 | | final assessment of tax, penalty, or interest as required by | 8 | | any tax Act administered by the Department of Revenue, until | 9 | | the requirements of the tax Act are satisfied in accordance | 10 | | with subsection (g) of Section 2105-15 of the Department of | 11 | | Professional Regulation Law of the Civil Administrative Code of | 12 | | Illinois. The Department shall deny a license or renewal | 13 | | authorized by this Act to a person who has failed to file a | 14 | | return, to pay the tax, penalty, or interest shown in a filed | 15 | | return, or to pay any final assessment of tax, penalty, or | 16 | | interest as required by any tax Act administered by the | 17 | | Department of Revenue, until such time as the requirements of | 18 | | the tax Act are satisfied in accordance with subsection (g) of | 19 | | Section 2105-15 of the Department of Professional Regulation | 20 | | Law of the Civil Administrative Code of Illinois.
| 21 | | (f) Persons who assist the Department as consultants or | 22 | | expert witnesses in
the investigation or prosecution of alleged | 23 | | violations of the Act,
licensure matters, restoration | 24 | | proceedings, or criminal prosecutions, shall
not be liable for | 25 | | damages in any civil action or proceeding as a result of
such | 26 | | assistance, except upon proof of actual malice. The attorney |
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| 1 | | general
shall defend such persons in any such action or | 2 | | proceeding.
| 3 | | (Source: P.A. 100-872, eff. 8-14-18.)
| 4 | | (225 ILCS 305/23) (from Ch. 111, par. 1323)
| 5 | | (Section scheduled to be repealed on January 1, 2020)
| 6 | | Sec. 23. Injunction Violations; injunction ; cease and | 7 | | desist order.
| 8 | | (a) If any person
or entity violates a provision of this | 9 | | Act, the Secretary Director may, in the
name of the People of | 10 | | the State of Illinois, through the Attorney General
of the | 11 | | State of Illinois, petition for an order enjoining such | 12 | | violation
or for an order enforcing compliance with this Act. | 13 | | Upon the filing of a
verified petition in such court, the court | 14 | | may issue a temporary
restraining order, without notice or | 15 | | bond, and may preliminarily and
permanently enjoin such | 16 | | violation. If it is established that such
person or entity has | 17 | | violated or is violating the injunction, the court Court may
| 18 | | punish the offender for contempt of court. Proceedings under | 19 | | this Section are
in addition to, and not in lieu of, all other | 20 | | remedies and penalties
provided by this Act.
| 21 | | (b) If any person or entity practices as an architect or | 22 | | holds himself , herself, or itself
out as an architect or | 23 | | professional design firm without being licensed or
registered | 24 | | under the provisions of this Act, then any architect, any
| 25 | | interested party or any person injured thereby may, in addition |
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| 1 | | to the
Secretary Director , petition for relief as provided in | 2 | | subsection (a) of this Section.
| 3 | | (c) If, Whenever in the opinion of the Department , any | 4 | | person or entity
violates any provision of this Act, the | 5 | | Department may issue a rule to show
cause why an order to cease | 6 | | and desist should not be entered against the person or entity | 7 | | him . The
rule shall clearly set forth the grounds relied upon | 8 | | by the Department and
shall provide a period of 7 days from the | 9 | | date of the rule to file an answer to
the satisfaction of the | 10 | | Department. Failure to answer to the satisfaction of
the | 11 | | Department shall cause an order to cease and desist to be | 12 | | issued
immediately.
| 13 | | (Source: P.A. 98-976, eff. 8-15-14.)
| 14 | | (225 ILCS 305/23.5)
| 15 | | (Section scheduled to be repealed on January 1, 2020)
| 16 | | Sec. 23.5. Unlicensed practice; violation; civil penalty.
| 17 | | (a) Use of the title "architect" or any of its derivations | 18 | | is limited to those persons or entities licensed or registered | 19 | | under this Act. Any person who practices, offers to practice, | 20 | | attempts to practice, or
holds himself or herself oneself out | 21 | | to practice as an architect without being licensed under this
| 22 | | Act shall, in
addition to any other penalty provided by law, | 23 | | pay a civil penalty to the
Department in an amount not to | 24 | | exceed $10,000 for each offense as determined by
the | 25 | | Department. The civil penalty shall be assessed by the |
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| 1 | | Department after a
hearing is held in accordance with the | 2 | | provisions set forth in this Act
regarding the provision of a | 3 | | hearing for the discipline of a licensee.
| 4 | | (b) An entity or business that offers design services under | 5 | | this Act without being registered as a professional design firm | 6 | | or exempt under this Act shall, in addition to any other | 7 | | penalty provided by law, pay a civil penalty to the Department | 8 | | in an amount not to exceed $10,000 for each offense, as | 9 | | determined by the Department. The civil penalty shall be | 10 | | assessed by the Department after a hearing is held in | 11 | | accordance with the provisions set forth in this Act regarding | 12 | | the provision of a hearing for the discipline of a licensee. | 13 | | (a-5) Any entity that advertises architecture services in a | 14 | | telecommunications directory must include its architecture | 15 | | firm registration number or, in the case of a sole proprietor, | 16 | | his or her individual license number. Nothing in this | 17 | | subsection (a-5) requires the publisher of a | 18 | | telecommunications directory to investigate or verify the | 19 | | accuracy of the registration or license number provided by the | 20 | | advertiser of architecture services.
| 21 | | (c) (b) The Department may has the authority and power to | 22 | | investigate any actual, alleged, or suspected and all
| 23 | | unlicensed activity.
| 24 | | (d) (c) The civil penalty shall be paid within 60 days | 25 | | after the effective date
of the order imposing the civil | 26 | | penalty. The order shall constitute a judgment
and may be filed |
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| 1 | | and execution had thereon in the same manner as any judgment
| 2 | | from any court of record.
| 3 | | (e) A person or entity not licensed or registered under | 4 | | this Act who has violated any provision of this Act or its | 5 | | rules is guilty of a Class A misdemeanor for the first offense | 6 | | and a Class 4 felony for a second and subsequent offenses. | 7 | | (Source: P.A. 96-610, eff. 8-24-09.)
| 8 | | (225 ILCS 305/24) (from Ch. 111, par. 1324)
| 9 | | (Section scheduled to be repealed on January 1, 2020)
| 10 | | Sec. 24. Investigations; notice and hearing. | 11 | | (a) The Department may investigate
the actions of any | 12 | | applicant or of any person or entity holding or claiming to
| 13 | | hold a license under this Act or registration . | 14 | | (b) Before the initiation of a formal complaint an | 15 | | investigation , the
matter shall be reviewed by a subcommittee | 16 | | of the Board according to procedures
established by rule for | 17 | | the Complaint Committee. If a subcommittee has not been formed, | 18 | | the matter shall proceed through the process as stated in | 19 | | subsection (c) of this Section. | 20 | | (c) The Department shall, before disciplining an | 21 | | applicant, licensee, or registrant
refusing to restore, issue | 22 | | or renew a license or registration, or discipline a
licensee or | 23 | | registrant , at least 30 days prior to the date set for the
| 24 | | hearing, (i) notify in writing the accused applicant for, or | 25 | | holder of, a license or
registrant of the nature of the charges |
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| 1 | | made and the time and place for the hearing on the charges, | 2 | | (ii) and that a hearing will be held on the
date designated, | 3 | | and direct the applicant , registrant, or entity or licensee or | 4 | | registrant
to file a written answer to the charges Board under | 5 | | oath within 20 days after the
service of the notice , and (iii) | 6 | | inform the applicant , or entity or licensee , or
registrant that | 7 | | failure to file a written an answer to the charges will result | 8 | | in a default being entered against the applicant, licensee, or | 9 | | registrant. taken
against the applicant or entity or licensee | 10 | | or registrant and that the license
or certificate may be | 11 | | suspended, revoked, placed on probationary status, or
other | 12 | | disciplinary action may be taken, including limiting the scope, | 13 | | nature or
extent of practice, as the Director may deem proper. | 14 | | Written notice may be
served by personal delivery or certified | 15 | | or registered mail to the respondent
at the address of record | 16 | | with the Department. In case the person
or entity fails to file | 17 | | an answer after receiving notice, his or her license or
| 18 | | certificate may, in the discretion of the Department, be | 19 | | suspended, revoked, or
placed on probationary status, or the | 20 | | Department may take whatever disciplinary
action deemed | 21 | | proper, including limiting the scope, nature, or extent of the
| 22 | | person's practice or the imposition of a fine, without a | 23 | | hearing, if the act or
acts charged constitute sufficient | 24 | | grounds for such action under this Act. At
the time and place | 25 | | fixed in the notice, the Board shall proceed to hear the
| 26 | | charges and the parties or their counsel shall be accorded |
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| 1 | | ample opportunity to
present such statements, testimony, | 2 | | evidence and argument as may be pertinent
to the charges or to | 3 | | their defense. The Board may continue the hearing from
time to | 4 | | time.
| 5 | | (d) Written or electronic notice, and any notice in the | 6 | | subsequent proceeding, may be served by personal delivery, by | 7 | | email, or by mail to the applicant, licensee, or registrant at | 8 | | his or her address of record or email address of record. | 9 | | (e) At the time and place fixed in the notice, the Board or | 10 | | hearing officer appointed by the Secretary shall proceed to | 11 | | hear the charges and the parties or their counsel shall be | 12 | | accorded ample opportunity to present any statement, | 13 | | testimony, evidence, and argument as may be pertinent to the | 14 | | charges or to their defense. The Board or hearing officer may | 15 | | continue the hearing from time to time. | 16 | | (f) If the applicant, licensee, or registrant, after | 17 | | receiving the notice, fails to file an answer, his or her | 18 | | license or registration may, in the discretion of the | 19 | | Secretary, having first received the recommendation of the | 20 | | Board, be suspended, revoked, or placed on probationary status | 21 | | or be subject to whatever disciplinary action the Secretary | 22 | | considers proper, including limiting the scope, nature, or | 23 | | extent of the person's practice or imposing a fine, without | 24 | | hearing, if the act or acts charged constitute sufficient | 25 | | grounds for the action under this Act. | 26 | | (Source: P.A. 96-610, eff. 8-24-09.)
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| 1 | | (225 ILCS 305/25) (from Ch. 111, par. 1325)
| 2 | | (Section scheduled to be repealed on January 1, 2020)
| 3 | | Sec. 25. Record of proceedings Stenographer; transcript . | 4 | | (a) The Department, at its expense, shall provide a | 5 | | certified shorthand reporter to take down the testimony and | 6 | | preserve a record of all proceedings at the hearing of any case | 7 | | in which a license may be revoked, suspended, placed on | 8 | | probationary status, reprimanded, fined, or subjected to other | 9 | | disciplinary action with reference to the license when a | 10 | | disciplinary action is authorized under this Act and rules. The | 11 | | notice of hearing, complaint, and all other documents in the | 12 | | nature of pleadings and written motions filed in the | 13 | | proceedings, the transcript of the testimony, the report of the | 14 | | Board, and the orders of the Department shall be the record of | 15 | | the proceedings. The record may be made available to any person | 16 | | interested in the hearing upon payment of the fee required by | 17 | | Section 2105-115 of the Department of Professional Regulation | 18 | | Law of the Civil Administrative Code of Illinois. | 19 | | (b) The Department may contract for court reporting | 20 | | services, and, if it does so, the Department shall provide the | 21 | | name and contact information for the certified shorthand | 22 | | reporter who transcribed the testimony at a hearing to any | 23 | | person interested, who may obtain a copy of the transcript of | 24 | | any proceedings at a hearing upon payment of the fee specified | 25 | | by the certified shorthand reporter. |
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| 1 | | The Department, at its
expense, shall preserve a record of all | 2 | | proceedings at the formal hearing
of any case involving the | 3 | | refusal to restore, issue or renew a license, or
the discipline | 4 | | of a licensee.
The notice of hearing, complaint and all other | 5 | | documents in the nature of
pleadings and written motions filed | 6 | | in the proceedings, the transcript of
testimony, the report of | 7 | | the Board and the orders of the Department shall
be the record | 8 | | of the proceedings. A
transcript of the record may be made | 9 | | available to any person interested in the hearing upon
payment | 10 | | of the fee required by Section 2105-115 of the Department
of | 11 | | Professional Regulation Law (20 ILCS 2105/2105-115).
| 12 | | (Source: P.A. 96-610, eff. 8-24-09.)
| 13 | | (225 ILCS 305/26) (from Ch. 111, par. 1326)
| 14 | | (Section scheduled to be repealed on January 1, 2020)
| 15 | | Sec. 26. Subpoenas; depositions; oaths. | 16 | | (a) The Department has
power to subpoena documents, books, | 17 | | records, or other materials and to bring before it any person | 18 | | and to take testimony, either orally or by deposition, or take | 19 | | written interrogatories, or any combination thereof, with the | 20 | | same fees and mileage and in the same manner as is prescribed | 21 | | in civil cases in the courts of this State. | 22 | | (b) The Secretary, the designated hearing officer, and | 23 | | every member of the Board has the power to administer oaths to | 24 | | witnesses at any hearing that the Department is authorized to | 25 | | conduct and any other oaths authorized in any Act administered |
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| 1 | | by the Department.
| 2 | | (Source: P.A. 96-610, eff. 8-24-09.)
| 3 | | (225 ILCS 305/27) (from Ch. 111, par. 1327)
| 4 | | (Section scheduled to be repealed on January 1, 2020)
| 5 | | Sec. 27. Compelling testimony Procedure to compel | 6 | | attendance of witnesses . Any circuit
court, upon the | 7 | | application of the accused person or complainant or of the
| 8 | | Department, may, by order duly entered, require the attendance | 9 | | of witnesses
and the production of relevant books and papers | 10 | | before the Department in
any hearing relative to the | 11 | | application for or refusal, recall, suspension
or revocation of | 12 | | a license, or the discipline of a licensee, and the court
may | 13 | | compel obedience to its
order by proceedings for contempt.
| 14 | | (Source: P.A. 86-702 .)
| 15 | | (225 ILCS 305/28) (from Ch. 111, par. 1328)
| 16 | | (Section scheduled to be repealed on January 1, 2020)
| 17 | | Sec. 28. Hearing; motion for rehearing Report of Board; | 18 | | Rehearing . | 19 | | (a) The Board or hearing officer appointed by the Secretary | 20 | | shall hear evidence in support of the formal charges and | 21 | | evidence produced by the licensee. At the conclusion of the | 22 | | hearing, the Board or hearing officer shall present to the | 23 | | Secretary a written report of its findings of fact, conclusions | 24 | | of law, and recommendations. If the Board fails to present its |
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| 1 | | report, the applicant, licensee, or registrant may request in | 2 | | writing a direct appeal to the Secretary, in which case the | 3 | | Secretary may issue an order based upon the report of the | 4 | | hearing officer and the record of the proceedings or issue an | 5 | | order remanding the matter back to the hearing officer for | 6 | | additional proceedings in accordance with the order. | 7 | | (b) At the conclusion of the hearing, a copy of the Board | 8 | | or hearing officer's report shall be served upon the applicant, | 9 | | licensee, or registrant either personally or as provided in | 10 | | this Act for the service of the notice of hearing. Within 20 | 11 | | calendar days after such service, the applicant, licensee, or | 12 | | registrant may present to the Department a motion, in writing, | 13 | | for a rehearing, which shall specify the particular grounds for | 14 | | rehearing. The Department may respond to the motion for | 15 | | rehearing within 20 calendar days after its service on the | 16 | | Department. If no motion for rehearing is filed, then upon the | 17 | | expiration of the time specified for filing such a motion or | 18 | | upon denial of a motion for rehearing, the Secretary may enter | 19 | | an order in accordance with the recommendations of the Board or | 20 | | hearing officer. If the applicant, licensee, or registrant | 21 | | orders from the reporting service and pays for a transcript of | 22 | | the record within the time for filing a motion for rehearing, | 23 | | the 20 calendar day period within which a motion may be filed | 24 | | shall commence upon delivery of the transcript to the | 25 | | applicant, licensee, or registrant. | 26 | | (c) If the Secretary disagrees in any regard with the |
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| 1 | | report of the Board, the Secretary may issue an order contrary | 2 | | to the report. The Secretary shall notify the Board on any such | 3 | | deviation and shall specify
with particularity the reasons for | 4 | | such action in the final order. | 5 | | (d) Whenever the Secretary is not satisfied that | 6 | | substantial justice has been done, the Secretary may order a | 7 | | hearing by the same or another hearing officer. | 8 | | (e) At any point in any investigation or disciplinary | 9 | | proceeding provided for in this Act, both parties may agree to | 10 | | a negotiated consent order. The consent order shall be final | 11 | | upon signature of the Secretary. | 12 | | After the hearing, the Board shall present to
the Director its | 13 | | written report of its findings and recommendations. A
copy of | 14 | | such report shall be served upon the accused person, either
| 15 | | personally or by registered or certified mail as provided in | 16 | | this Act for
the service of the notice. Within 20 days after | 17 | | such service, the
accused person may present to the Department | 18 | | his motion in writing for a
rehearing which shall specify the | 19 | | particular grounds for rehearing.
If the accused person orders | 20 | | and pays for a transcript of
the record as provided in this | 21 | | Section, the time elapsing
before such transcript is ready for | 22 | | delivery to him shall not be counted as
part of such 20 days.
| 23 | | Whenever the Director is not satisfied that substantial | 24 | | justice has been
done, he may order a rehearing by the same or | 25 | | another special board. At
the expiration of the time specified | 26 | | for filing a motion for a rehearing
the Director has the right |
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| 1 | | to take the action recommended by the Board.
| 2 | | (Source: P.A. 86-702 .)
| 3 | | (225 ILCS 305/29) (from Ch. 111, par. 1329)
| 4 | | (Section scheduled to be repealed on January 1, 2020)
| 5 | | Sec. 29. Hearing officer. Notwithstanding the provisions | 6 | | of
Section 28 of this Act , the Secretary Director has the | 7 | | authority to appoint an
any attorney duly licensed to practice | 8 | | law in the State of Illinois to
serve as the hearing officer in | 9 | | any action for refusal to issue or renew a license or | 10 | | registration or discipline an applicant, licensee, or | 11 | | registrant under Section 24 . The Board may have at least one | 12 | | member present at any hearing conducted by the hearing officer.
| 13 | | The Director shall notify the Board of any such appointment. | 14 | | The hearing
officer shall have has full authority to conduct | 15 | | the hearing. The Board has
the right to have at least one | 16 | | member present at any hearing conducted
by such hearing | 17 | | officer. The hearing officer shall report his or her findings | 18 | | of
fact, conclusions of law , and recommendations to the Board | 19 | | and to the Secretary Director .
The Board has 60 days from | 20 | | receipt of the report to review the
report of the hearing | 21 | | officer and present its findings of fact,
conclusions of law | 22 | | and recommendations to the Secretary. If the Board fails
to | 23 | | present its report within the 60 day period, the Secretary may | 24 | | issue an
order based on the report of the hearing officer. If | 25 | | the Secretary
disagrees in any regard with the report of the |
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| 1 | | Board or hearing officer, he or she
may issue an order in | 2 | | contravention thereof. The Secretary shall notify the Board on | 3 | | any such deviation , and shall specify
with particularity the | 4 | | reasons for such action in the final order.
| 5 | | (Source: P.A. 96-610, eff. 8-24-09.)
| 6 | | (225 ILCS 305/30) (from Ch. 111, par. 1330)
| 7 | | (Section scheduled to be repealed on January 1, 2020)
| 8 | | Sec. 30. Order to be prima facie proof. An order of | 9 | | revocation or
suspension or a certified copy thereof, over the | 10 | | seal of the Department and
purporting to be signed by the | 11 | | Secretary Director , shall be prima facie proof that:
| 12 | | (a) the signature is the genuine signature of the
| 13 | | Secretary Director ;
| 14 | | (b) the Secretary Director is duly appointed and | 15 | | qualified;
and
| 16 | | (c) the Board and the members thereof are qualified to | 17 | | act.
| 18 | | Such proof may be rebutted.
| 19 | | (Source: P.A. 91-357, eff. 7-29-99 .)
| 20 | | (225 ILCS 305/31) (from Ch. 111, par. 1331)
| 21 | | (Section scheduled to be repealed on January 1, 2020)
| 22 | | Sec. 31. Restoration from disciplinary status of suspended | 23 | | or revoked license . | 24 | | (a) At any time after the successful
completion of a term |
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| 1 | | of probation, suspension , or revocation of a license or | 2 | | registration under this Act , the Department may restore the | 3 | | license or registration it to the licensee or registrant , upon | 4 | | the written recommendation of the Board, unless after an | 5 | | investigation and a hearing the Department Board determines | 6 | | that restoration is not in the public interest.
| 7 | | (b) If the circumstances of suspension or revocation so | 8 | | indicate, the Department may require an examination of the | 9 | | licensee or registrant prior to restoring his or her license. | 10 | | (c) A person whose license or registration has been revoked | 11 | | under this Act may not apply for restoration of that license or | 12 | | registration until authorized to do so under the Civil | 13 | | Administrative Code of Illinois. | 14 | | (d) A license or registration that has been suspended or | 15 | | revoked shall be considered nonrenewed for purposes of | 16 | | restoration and a licensee or registrant restoring his or her | 17 | | license or registration from suspension or revocation must | 18 | | comply with the requirements for restoration as set forth in | 19 | | Section 16 and any related rules adopted. | 20 | | (Source: P.A. 96-610, eff. 8-24-09.)
| 21 | | (225 ILCS 305/32) (from Ch. 111, par. 1332)
| 22 | | (Section scheduled to be repealed on January 1, 2020)
| 23 | | Sec. 32. Surrender of license or registration . Upon the | 24 | | revocation or suspension
of any license or registration , the | 25 | | licensee or professional design firm shall immediately |
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| 1 | | surrender the license or
licenses or registration to the | 2 | | Department and if the licensee or registrant fails to do so, | 3 | | the
Department has the right to seize the license or | 4 | | registration .
| 5 | | (Source: P.A. 86-702 .)
| 6 | | (225 ILCS 305/33) (from Ch. 111, par. 1333)
| 7 | | (Section scheduled to be repealed on January 1, 2020)
| 8 | | Sec. 33. Temporary suspension of a license. The Secretary | 9 | | Director may
temporarily suspend the license or registration of | 10 | | an architect without a hearing,
simultaneously with the | 11 | | institution of proceedings for a hearing provided
for in | 12 | | Section 24 of this Act , if the Secretary Director finds that | 13 | | evidence in the Department's his possession indicates that an | 14 | | architect's continuation in practice would
constitute an | 15 | | imminent danger to the public. If In the event that the
| 16 | | Secretary Director temporarily suspends the license or | 17 | | registration of an architect without a
hearing, a hearing by | 18 | | the Board must be held within 30 days after such
suspension has | 19 | | occurred.
| 20 | | (Source: P.A. 86-702 .)
| 21 | | (225 ILCS 305/34) (from Ch. 111, par. 1334)
| 22 | | (Section scheduled to be repealed on January 1, 2020)
| 23 | | Sec. 34. Review under Administrative review Review Law; | 24 | | Venue . |
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| 1 | | (a) All
final administrative decisions of the Department | 2 | | hereunder are subject
to judicial review pursuant to the | 3 | | provisions of the Administrative Review
Law , as now or | 4 | | hereafter amended, and all the rules adopted
pursuant thereto. | 5 | | The term "administrative decision" is defined as in
Section | 6 | | 3-101 of the Code of Civil Procedure.
| 7 | | (b) Proceedings Such proceedings for judicial review shall | 8 | | be commenced in the circuit
court of the county in which the | 9 | | party applying for review resides,
but if the such party is not | 10 | | a resident of this State, the venue
shall be in Sangamon | 11 | | County.
| 12 | | (c) The Department shall not be required to certify any | 13 | | record to the court or file any answer in court, or to | 14 | | otherwise appear in any court in a judicial review proceeding, | 15 | | unless and until the Department has received from the plaintiff | 16 | | payment of the costs of furnishing and certifying the record, | 17 | | which costs shall be determined by the Department. | 18 | | (d) Failure on the part of the plaintiff to file a receipt | 19 | | in court shall be grounds for dismissal of the action. | 20 | | (e) During the pendency and hearing of any and all judicial | 21 | | proceedings incident to a disciplinary action, the sanctions | 22 | | imposed upon the accused by the Department shall remain in full | 23 | | force and effect. | 24 | | (Source: P.A. 86-702 .)
| 25 | | (225 ILCS 305/37) (from Ch. 111, par. 1337)
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| 1 | | (Section scheduled to be repealed on January 1, 2020)
| 2 | | Sec. 37. Illinois Administrative Procedure Act; | 3 | | application. The Illinois
Administrative Procedure Act is | 4 | | hereby expressly adopted and incorporated
herein as if all of | 5 | | the provisions of that Act were included in this Act,
except | 6 | | that the provision of subsection (d) of Section 10-65 of the | 7 | | Illinois
Administrative Procedure Act that provides that at | 8 | | hearings the licensee has
the right to show compliance with all | 9 | | lawful requirements for retention,
continuation or renewal of | 10 | | the license is specifically excluded. For the
purposes of this | 11 | | Act , the notice required under Section 10-25 of the Illinois
| 12 | | Administrative Procedure Act is deemed sufficient when mailed | 13 | | to the last known
address of record a party .
| 14 | | (Source: P.A. 88-45 .)
| 15 | | (225 ILCS 305/4.5 rep.) | 16 | | (225 ILCS 305/35 rep.) | 17 | | (225 ILCS 305/36 rep.) | 18 | | Section 15. The Illinois Architecture Practice Act of 1989 | 19 | | is amended by repealing Sections 4.5, 35, and 36. | 20 | | Section 99. Effective date. This Act takes effect upon | 21 | | becoming law.".
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