Full Text of SB2128 101st General Assembly
SB2128sam001 101ST GENERAL ASSEMBLY | Sen. Don Harmon Filed: 4/5/2019
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| 1 | | AMENDMENT TO SENATE BILL 2128
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2128 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Regulatory Sunset Act is amended by | 5 | | changing Section 4.34 as follows: | 6 | | (5 ILCS 80/4.34) | 7 | | Sec. 4.34. Acts and Section repealed on January 1, 2024. | 8 | | The following Acts and
Section of an Act are repealed
on | 9 | | January 1, 2024: | 10 | | The Electrologist Licensing Act. | 11 | | The Illinois Certified Shorthand Reporters and Voice | 12 | | Writer Reporters Act of 1984 . | 13 | | The Illinois Occupational Therapy Practice Act. | 14 | | The Illinois Public Accounting Act. | 15 | | The Private Detective, Private Alarm, Private | 16 | | Security, Fingerprint Vendor, and Locksmith Act of 2004. |
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| 1 | | The Registered Surgical Assistant and Registered | 2 | | Surgical Technologist
Title Protection Act. | 3 | | Section 2.5 of the Illinois Plumbing License Law.
| 4 | | The Veterinary Medicine and Surgery Practice Act of | 5 | | 2004. | 6 | | (Source: P.A. 98-140, eff. 12-31-13; 98-253, eff. 8-9-13; | 7 | | 98-254, eff. 8-9-13; 98-264, eff. 12-31-13; 98-339, eff. | 8 | | 12-31-13; 98-363, eff. 8-16-13; 98-364, eff. 12-31-13; 98-445, | 9 | | eff. 12-31-13; 98-756, eff. 7-16-14.) | 10 | | Section 10. The Oaths and Affirmations Act is amended by | 11 | | changing Sections 1 and 2 as follows:
| 12 | | (5 ILCS 255/1) (from Ch. 101, par. 1)
| 13 | | Sec. 1. Oaths and affirmations. All courts, and all judges | 14 | | and the clerk thereof, the county clerk,
deputy county clerk, | 15 | | notaries public, and persons certified under the
Illinois | 16 | | Certified Shorthand Reporters and Voice Writer Reporters Act of | 17 | | 1984 have the power to
administer
oaths
and affirmations to | 18 | | witnesses and others, concerning anything commenced or
to be | 19 | | commenced, or pending before them respectively.
| 20 | | (Source: P.A. 90-294, eff. 8-1-97.)
| 21 | | (5 ILCS 255/2) (from Ch. 101, par. 2)
| 22 | | Sec. 2. Affidavits and depositions. All courts, and judges, | 23 | | and the clerks thereof, the county clerk, deputy
county clerk, |
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| 1 | | the Secretary of State, notaries public, and
persons
certified | 2 | | under the Illinois Certified Shorthand Reporters and Voice | 3 | | Writer Reporters Act of 1984
may administer all
oaths of office | 4 | | and all other oaths authorized or required of any officer
or | 5 | | other person, and take affidavits and depositions concerning | 6 | | any matter
or thing, process or proceeding commenced or to be | 7 | | commenced, or pending in
any court or before them, or on any | 8 | | occasion wherein any affidavit or
deposition is authorized or | 9 | | required by law to be taken.
| 10 | | The same functions may be performed by any commissioned | 11 | | officer in
active service of the armed forces of the United | 12 | | States, within or without
the United States. Oaths, affidavits | 13 | | or depositions taken by or
affirmations made before such | 14 | | officers need not be authenticated nor
attested by any seal nor | 15 | | shall any instruments executed or proceedings had
before such | 16 | | officers be invalid because the place of the proceedings or of
| 17 | | the execution is not stated.
| 18 | | (Source: P.A. 97-36, eff. 1-1-12.)
| 19 | | Section 15. The Department of Professional Regulation Law | 20 | | of the Civil Administrative Code of Illinois is amended by | 21 | | changing Section 2105-115 as follows:
| 22 | | (20 ILCS 2105/2105-115) (was 20 ILCS 2105/60f)
| 23 | | Sec. 2105-115. Certified shorthand reporter or certified | 24 | | voice writer reporter ; transcript. The Department, at its
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| 1 | | expense,
shall provide a certified shorthand reporter or | 2 | | certified voice writer reporter
to take down the testimony and | 3 | | preserve a record of all proceedings at the
hearing of any case | 4 | | in which a license may be revoked,
suspended, placed
on | 5 | | probationary status, reprimanded, fined, or subjected to other | 6 | | disciplinary action with
reference to the license when a | 7 | | disciplinary action is
authorized
in any licensing Act | 8 | | administered by the Department. The notice,
complaint, and all | 9 | | other documents in the nature of pleadings and written
motions | 10 | | filed in the proceedings, the transcript of testimony, the | 11 | | report
of the board, and the orders of the Department shall be | 12 | | the record of
the proceedings. The Department shall furnish
the | 13 | | record to
any person interested in the hearing upon payment | 14 | | therefor of $1 per page.
The Department may contract for court | 15 | | reporting services, and, in the event it does so, the | 16 | | Department shall provide the name and contact information for | 17 | | the certified shorthand reporter or certified voice writer | 18 | | reporter who transcribed the testimony at a hearing to any | 19 | | person interested, who may obtain a copy of the transcript of | 20 | | any proceedings at a hearing upon payment of the fee specified | 21 | | by the certified shorthand reporter or certified voice writer | 22 | | reporter . This charge is in addition to any fee charged by the
| 23 | | Department for certifying the record.
| 24 | | (Source: P.A. 99-227, eff. 8-3-15; 100-262, eff. 8-22-17.)
| 25 | | Section 20. The Emergency Medical Services (EMS) Act is |
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| 1 | | amended by changing Section 3.40 as follows:
| 2 | | (210 ILCS 50/3.40)
| 3 | | (Text of Section before amendment by P.A. 100-1082 )
| 4 | | Sec. 3.40. EMS System Participation Suspensions and
Due | 5 | | Process. | 6 | | (a) An EMS Medical Director may suspend from
participation | 7 | | within the System any EMS personnel, EMS Lead Instructor (LI), | 8 | | individual, individual
provider or other participant | 9 | | considered not to be meeting
the requirements of the Program | 10 | | Plan of that approved EMS
System.
| 11 | | (b) Prior to suspending any individual or entity, an EMS | 12 | | Medical Director
shall provide an opportunity for a hearing | 13 | | before the
local System review board in accordance with | 14 | | subsection (f) and the rules
promulgated by the Department.
| 15 | | (1) If the local System review board affirms or | 16 | | modifies the EMS Medical
Director's suspension order, the | 17 | | individual or entity shall have the opportunity for
a | 18 | | review of the local board's decision by the State EMS | 19 | | Disciplinary Review
Board, pursuant to Section 3.45 of this | 20 | | Act.
| 21 | | (2) If the local System review board reverses or | 22 | | modifies the EMS Medical
Director's order, the EMS Medical | 23 | | Director shall have the
opportunity for a review of the | 24 | | local board's decision by the State EMS
Disciplinary Review | 25 | | Board, pursuant to Section 3.45 of this Act.
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| 1 | | (3) The suspension shall commence only upon the | 2 | | occurrence of one of the
following:
| 3 | | (A) the individual or entity has waived the | 4 | | opportunity for a hearing before
the local System | 5 | | review board; or
| 6 | | (B) the order has been affirmed or modified by the | 7 | | local system review
board
and the individual or entity | 8 | | has waived the opportunity for review by the State
| 9 | | Board; or
| 10 | | (C) the order has been affirmed or modified by the | 11 | | local system review
board,
and the local board's | 12 | | decision has been affirmed or modified by the State
| 13 | | Board.
| 14 | | (c) An EMS Medical Director may immediately suspend an EMR, | 15 | | EMD, EMT, EMT-I, A-EMT, Paramedic, ECRN, PHRN, LI, or other | 16 | | individual or entity if he or she finds that the
continuation | 17 | | in practice by the individual or entity would constitute an
| 18 | | imminent danger to the public. The suspended individual or | 19 | | entity shall be
issued an immediate verbal notification | 20 | | followed by a written suspension order
by the EMS Medical | 21 | | Director which states the
length, terms and basis for the | 22 | | suspension.
| 23 | | (1) Within 24 hours following the commencement of the | 24 | | suspension, the EMS
Medical Director shall deliver to the | 25 | | Department, by messenger, telefax, or other | 26 | | Department-approved electronic communication, a
copy of |
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| 1 | | the suspension order and copies of any written materials | 2 | | which relate
to the EMS Medical Director's decision to | 3 | | suspend the individual or entity. All medical and | 4 | | patient-specific information, including Department | 5 | | findings with respect to the quality of care rendered, | 6 | | shall be strictly confidential pursuant to the Medical | 7 | | Studies Act (Part 21 of Article VIII of the Code of Civil | 8 | | Procedure).
| 9 | | (2) Within 24 hours following the commencement of the | 10 | | suspension, the
suspended individual or entity may deliver | 11 | | to the Department, by messenger,
telefax, or other | 12 | | Department-approved electronic communication, a written | 13 | | response to the suspension order and copies of any written
| 14 | | materials which the individual or entity feels are | 15 | | appropriate. All medical and patient-specific information, | 16 | | including Department findings with respect to the quality | 17 | | of care rendered, shall be strictly confidential pursuant | 18 | | to the Medical Studies Act.
| 19 | | (3) Within 24 hours following receipt of the EMS | 20 | | Medical Director's
suspension order or the individual or | 21 | | entity's written response, whichever is later,
the | 22 | | Director or the Director's designee shall determine | 23 | | whether the suspension
should be stayed pending an | 24 | | opportunity for a hearing or
review in accordance with this | 25 | | Act, or whether the suspension should continue
during the | 26 | | course of that hearing or review. The Director or the |
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| 1 | | Director's
designee shall issue this determination to the | 2 | | EMS Medical Director, who shall
immediately notify the | 3 | | suspended individual or entity. The suspension shall | 4 | | remain
in effect during this period of review by the | 5 | | Director or the Director's
designee.
| 6 | | (d) Upon issuance of a suspension order for reasons | 7 | | directly related to
medical care, the EMS Medical Director | 8 | | shall also provide the individual or entity
with the | 9 | | opportunity for a hearing before the local System review board, | 10 | | in
accordance with subsection (f) and the rules promulgated by | 11 | | the Department.
| 12 | | (1) If the local System review board affirms or | 13 | | modifies the EMS Medical
Director's suspension order, the | 14 | | individual or entity shall have the opportunity for
a | 15 | | review of the local board's decision by the State EMS | 16 | | Disciplinary Review
Board, pursuant to Section 3.45 of this | 17 | | Act.
| 18 | | (2) If the local System review board reverses or | 19 | | modifies the EMS Medical
Director's suspension order, the | 20 | | EMS Medical Director shall have the
opportunity for a | 21 | | review of the local board's decision by the State EMS
| 22 | | Disciplinary Review Board, pursuant to Section 3.45 of this | 23 | | Act.
| 24 | | (3) The suspended individual or entity may elect to | 25 | | bypass the local System review board
and seek direct review | 26 | | of the EMS Medical Director's suspension order by the
State |
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| 1 | | EMS Disciplinary Review Board.
| 2 | | (e) The Resource Hospital shall designate a local System | 3 | | review board in
accordance with the rules of the Department, | 4 | | for the purpose of providing a
hearing to any individual or | 5 | | entity participating within the
System who is suspended from | 6 | | participation by the EMS Medical Director. The
EMS Medical | 7 | | Director shall arrange for a certified shorthand reporter or | 8 | | certified voice writer reporter to make a
stenographic record | 9 | | of that hearing and thereafter prepare a transcript of the
| 10 | | proceedings. The transcript, all documents or materials | 11 | | received as evidence
during the hearing and the local System | 12 | | review board's written decision shall
be retained in the | 13 | | custody of the EMS system. The System shall implement a
| 14 | | decision of the local System review board unless that decision | 15 | | has been
appealed to the State Emergency Medical Services | 16 | | Disciplinary Review Board in
accordance with this Act and the | 17 | | rules of the Department.
| 18 | | (f) The Resource Hospital shall implement a decision of the | 19 | | State Emergency
Medical Services Disciplinary Review Board | 20 | | which has been rendered in
accordance with this Act and the | 21 | | rules of the Department.
| 22 | | (Source: P.A. 100-201, eff. 8-18-17.)
| 23 | | (Text of Section after amendment by P.A. 100-1082 )
| 24 | | Sec. 3.40. EMS System Participation Suspensions and
Due | 25 | | Process. |
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| 1 | | (a) An EMS Medical Director may suspend from
participation | 2 | | within the System any EMS personnel, EMS Lead Instructor (LI), | 3 | | individual, individual
provider or other participant | 4 | | considered not to be meeting
the requirements of the Program | 5 | | Plan of that approved EMS
System.
| 6 | | (b) Prior to suspending any individual or entity, an EMS | 7 | | Medical Director
shall provide an opportunity for a hearing | 8 | | before the
local System review board in accordance with | 9 | | subsection (f) and the rules
promulgated by the Department.
| 10 | | (1) If the local System review board affirms or | 11 | | modifies the EMS Medical
Director's suspension order, the | 12 | | individual or entity shall have the opportunity for
a | 13 | | review of the local board's decision by the State EMS | 14 | | Disciplinary Review
Board, pursuant to Section 3.45 of this | 15 | | Act.
| 16 | | (2) If the local System review board reverses or | 17 | | modifies the EMS Medical
Director's order, the EMS Medical | 18 | | Director shall have the
opportunity for a review of the | 19 | | local board's decision by the State EMS
Disciplinary Review | 20 | | Board, pursuant to Section 3.45 of this Act.
| 21 | | (3) The suspension shall commence only upon the | 22 | | occurrence of one of the
following:
| 23 | | (A) the individual or entity has waived the | 24 | | opportunity for a hearing before
the local System | 25 | | review board; or
| 26 | | (B) the order has been affirmed or modified by the |
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| 1 | | local system review
board
and the individual or entity | 2 | | has waived the opportunity for review by the State
| 3 | | Board; or
| 4 | | (C) the order has been affirmed or modified by the | 5 | | local system review
board,
and the local board's | 6 | | decision has been affirmed or modified by the State
| 7 | | Board.
| 8 | | (c) An EMS Medical Director may immediately suspend an EMR, | 9 | | EMD, EMT, EMT-I, A-EMT, Paramedic, ECRN, PHRN, LI, PHPA, | 10 | | PHAPRN, or other individual or entity if he or she finds that | 11 | | the
continuation in practice by the individual or entity would | 12 | | constitute an
imminent danger to the public. The suspended | 13 | | individual or entity shall be
issued an immediate verbal | 14 | | notification followed by a written suspension order
by the EMS | 15 | | Medical Director which states the
length, terms and basis for | 16 | | the suspension.
| 17 | | (1) Within 24 hours following the commencement of the | 18 | | suspension, the EMS
Medical Director shall deliver to the | 19 | | Department, by messenger, telefax, or other | 20 | | Department-approved electronic communication, a
copy of | 21 | | the suspension order and copies of any written materials | 22 | | which relate
to the EMS Medical Director's decision to | 23 | | suspend the individual or entity. All medical and | 24 | | patient-specific information, including Department | 25 | | findings with respect to the quality of care rendered, | 26 | | shall be strictly confidential pursuant to the Medical |
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| 1 | | Studies Act (Part 21 of Article VIII of the Code of Civil | 2 | | Procedure).
| 3 | | (2) Within 24 hours following the commencement of the | 4 | | suspension, the
suspended individual or entity may deliver | 5 | | to the Department, by messenger,
telefax, or other | 6 | | Department-approved electronic communication, a written | 7 | | response to the suspension order and copies of any written
| 8 | | materials which the individual or entity feels are | 9 | | appropriate. All medical and patient-specific information, | 10 | | including Department findings with respect to the quality | 11 | | of care rendered, shall be strictly confidential pursuant | 12 | | to the Medical Studies Act.
| 13 | | (3) Within 24 hours following receipt of the EMS | 14 | | Medical Director's
suspension order or the individual or | 15 | | entity's written response, whichever is later,
the | 16 | | Director or the Director's designee shall determine | 17 | | whether the suspension
should be stayed pending an | 18 | | opportunity for a hearing or
review in accordance with this | 19 | | Act, or whether the suspension should continue
during the | 20 | | course of that hearing or review. The Director or the | 21 | | Director's
designee shall issue this determination to the | 22 | | EMS Medical Director, who shall
immediately notify the | 23 | | suspended individual or entity. The suspension shall | 24 | | remain
in effect during this period of review by the | 25 | | Director or the Director's
designee.
| 26 | | (d) Upon issuance of a suspension order for reasons |
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| 1 | | directly related to
medical care, the EMS Medical Director | 2 | | shall also provide the individual or entity
with the | 3 | | opportunity for a hearing before the local System review board, | 4 | | in
accordance with subsection (f) and the rules promulgated by | 5 | | the Department.
| 6 | | (1) If the local System review board affirms or | 7 | | modifies the EMS Medical
Director's suspension order, the | 8 | | individual or entity shall have the opportunity for
a | 9 | | review of the local board's decision by the State EMS | 10 | | Disciplinary Review
Board, pursuant to Section 3.45 of this | 11 | | Act.
| 12 | | (2) If the local System review board reverses or | 13 | | modifies the EMS Medical
Director's suspension order, the | 14 | | EMS Medical Director shall have the
opportunity for a | 15 | | review of the local board's decision by the State EMS
| 16 | | Disciplinary Review Board, pursuant to Section 3.45 of this | 17 | | Act.
| 18 | | (3) The suspended individual or entity may elect to | 19 | | bypass the local System review board
and seek direct review | 20 | | of the EMS Medical Director's suspension order by the
State | 21 | | EMS Disciplinary Review Board.
| 22 | | (e) The Resource Hospital shall designate a local System | 23 | | review board in
accordance with the rules of the Department, | 24 | | for the purpose of providing a
hearing to any individual or | 25 | | entity participating within the
System who is suspended from | 26 | | participation by the EMS Medical Director. The
EMS Medical |
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| 1 | | Director shall arrange for a certified shorthand reporter or | 2 | | certified voice writer reporter to make a
stenographic record | 3 | | of that hearing and thereafter prepare a transcript of the
| 4 | | proceedings. The transcript, all documents or materials | 5 | | received as evidence
during the hearing and the local System | 6 | | review board's written decision shall
be retained in the | 7 | | custody of the EMS system. The System shall implement a
| 8 | | decision of the local System review board unless that decision | 9 | | has been
appealed to the State Emergency Medical Services | 10 | | Disciplinary Review Board in
accordance with this Act and the | 11 | | rules of the Department.
| 12 | | (f) The Resource Hospital shall implement a decision of the | 13 | | State Emergency
Medical Services Disciplinary Review Board | 14 | | which has been rendered in
accordance with this Act and the | 15 | | rules of the Department.
| 16 | | (Source: P.A. 100-201, eff. 8-18-17; 100-1082, eff. 8-24-19.)
| 17 | | Section 25. The Illinois Funeral or Burial Funds Act is | 18 | | amended by changing Sections 3b and 3d as follows:
| 19 | | (225 ILCS 45/3b) (from Ch. 111 1/2, par. 73.103b)
| 20 | | Sec. 3b.
The Comptroller, at his expense, shall provide a | 21 | | certified
shorthand reporter or certified voice writer | 22 | | reporter to take down the testimony and preserve a record of | 23 | | all
proceedings at the hearing of any case involving the | 24 | | refusal to issue or
renew a license, the suspension or |
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| 1 | | revocation of a license, the imposition
of a monetary penalty, | 2 | | or the referral of a case for criminal prosecution.
The record | 3 | | of any such proceeding shall consist of the notice of hearing,
| 4 | | complaint, all other documents in the nature of pleadings and | 5 | | written
motions filed in the proceedings, the transcript of | 6 | | testimony and the
report and orders of the Comptroller. Copies | 7 | | of the transcript of such
record may be purchased from the | 8 | | certified shorthand reporter or certified voice writer | 9 | | reporter who prepared
the record.
| 10 | | (Source: P.A. 84-839.)
| 11 | | (225 ILCS 45/3d) (from Ch. 111 1/2, par. 73.103d)
| 12 | | Sec. 3d.
Any person affected by a final administrative | 13 | | decision of the
Comptroller may have such decision reviewed | 14 | | judicially by the circuit court
of the county where such person | 15 | | resides, or in the case of a corporation,
where the registered | 16 | | office is located. If the plaintiff in the review
proceeding is | 17 | | not a resident of this State, venue shall be in Sangamon
| 18 | | County. The provisions of the Administrative Review Law, as now | 19 | | or
hereafter amended, and any rules adopted thereunder shall | 20 | | govern all
proceedings for the judicial review of final | 21 | | administrative decisions of the
Comptroller. The term | 22 | | "administrative decision" is defined as in the
Administrative | 23 | | Review Law.
| 24 | | The Comptroller is not required to certify the record of | 25 | | the proceeding
unless the plaintiff in the review proceedings |
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| 1 | | has purchased a copy of the
transcript from the certified | 2 | | shorthand reporter or certified voice writer reporter who | 3 | | prepared the record.
Exhibits shall be certified without cost.
| 4 | | (Source: P.A. 84-839.)
| 5 | | Section 30. The Medical Practice Act of 1987 is amended by | 6 | | changing Section 39 as follows:
| 7 | | (225 ILCS 60/39) (from Ch. 111, par. 4400-39)
| 8 | | (Section scheduled to be repealed on December 31, 2019)
| 9 | | Sec. 39. Certified shorthand reporter or certified voice | 10 | | writer reporter ; record. The Department, at its expense, shall
| 11 | | provide a certified shorthand reporter or certified voice | 12 | | writer reporter to take down the testimony and
preserve a | 13 | | record of all proceedings at the hearing of any
case wherein a | 14 | | license may be revoked, suspended, placed on
probationary | 15 | | status, or other disciplinary action taken with
regard thereto. | 16 | | The notice of hearing, complaint and all
other documents in the | 17 | | nature of pleadings and written
motions filed in the | 18 | | proceedings, the transcript of
testimony, the report of the | 19 | | Licensing Board and the orders
of the Department constitute the | 20 | | record of the proceedings.
The Department shall furnish a copy | 21 | | of the record to
any person interested in such hearing upon | 22 | | payment of the fee required
under Section 2105-115 of the | 23 | | Department of Professional Regulation
Law (20 ILCS | 24 | | 2105/2105-115). The Department may contract for court |
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| 1 | | reporting services, and, in the event it does so, the | 2 | | Department shall provide the name and contact information for | 3 | | the certified shorthand reporter or certified voice writer | 4 | | reporter who transcribed the testimony at a hearing to any | 5 | | person interested, who may obtain a copy of the record of any | 6 | | proceedings at a hearing upon payment of the fee specified by | 7 | | the certified shorthand reporter or certified voice writer | 8 | | reporter . This charge is in addition to any fee charged by the | 9 | | Department for certifying the record.
| 10 | | (Source: P.A. 100-429, eff. 8-25-17.)
| 11 | | Section 35. The Illinois Explosives Act is amended by | 12 | | changing Section 5004 as follows
| 13 | | (225 ILCS 210/5004) (from Ch. 96 1/2, par. 1-5004)
| 14 | | Sec. 5004. Record of proceedings; transcript. The | 15 | | Department or aggrieved party may
provide at its or his or her | 16 | | expense a certified shorthand reporter or certified voice | 17 | | writer reporter to take down the
testimony and preserve a | 18 | | record of all proceedings at the hearing of any
case involving | 19 | | denial or refusal to issue or renew a license or
certificate, | 20 | | or the suspension or revocation or other discipline of a
| 21 | | license or certificate. Copies of the transcript of such record | 22 | | may be
purchased from the certified shorthand reporter or | 23 | | certified voice writer reporter who prepared the record.
| 24 | | (Source: P.A. 96-1194, eff. 1-1-11.)
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| 1 | | Section 40. The Illinois Certified Shorthand Reporters Act | 2 | | of 1984 is amended by changing Sections 1, 2, 3, 3.5, 4, 5, 6, | 3 | | 8, 9, 10, 11, 13, 14, 15, 16, 23, 23.1, 23.3, 23.4, 23.10, | 4 | | 23.13, 25, 26, and 28 as follows:
| 5 | | (225 ILCS 415/1) (from Ch. 111, par. 6201)
| 6 | | (Section scheduled to be repealed on January 1, 2024)
| 7 | | Sec. 1.
The practice of shorthand reporting and voice | 8 | | writer reporting in the State of Illinois
is hereby declared to | 9 | | affect the public health, safety and welfare and to
be subject | 10 | | to regulation and control in the public interest. This Act
is | 11 | | designed to encourage proficiency in the methods practice of | 12 | | shorthand
reporting and voice writer reporting as a profession; | 13 | | to promote efficiency in court and general
reporting; and to | 14 | | extend to the public the protection afforded by a
standardized | 15 | | profession by establishing standards a standard of competency | 16 | | for
certified shorthand reporters and voice writer reporters . | 17 | | It is further declared that, in order for
the practice of | 18 | | shorthand reporting and voice writer reporting as defined in | 19 | | this Act to merit and
receive the confidence of the public, | 20 | | only qualified persons shall be
authorized to practice | 21 | | shorthand reporting and voice writer reporting in the State of | 22 | | Illinois. This
Act shall be liberally construed to best carry | 23 | | out these subjects and purposes.
| 24 | | (Source: P.A. 83-73 .)
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| 1 | | (225 ILCS 415/2) (from Ch. 111, par. 6202)
| 2 | | (Section scheduled to be repealed on January 1, 2024)
| 3 | | Sec. 2.
This Act may be cited as the Illinois Certified
| 4 | | Shorthand Reporters and Voice Writer Reporters Act of 1984 .
| 5 | | (Source: P.A. 87-481 .)
| 6 | | (225 ILCS 415/3) (from Ch. 111, par. 6203)
| 7 | | (Section scheduled to be repealed on January 1, 2024)
| 8 | | Sec. 3. License required. No person may practice shorthand | 9 | | reporting or voice writer reporting on a temporary or
permanent | 10 | | basis in this State without being certified under this Act.
| 11 | | This Act does not prohibit any non-resident practicing | 12 | | shorthand
reporter or non-resident practicing voice writer | 13 | | reporter from practicing shorthand reporting or voice writer | 14 | | reporting in this State as to one single proceeding.
| 15 | | (Source: P.A. 98-445, eff. 12-31-13.)
| 16 | | (225 ILCS 415/3.5)
| 17 | | (Section scheduled to be repealed on January 1, 2024)
| 18 | | Sec. 3.5. Uncertified practice; violation; civil penalty.
| 19 | | (a) Any person who practices, offers to practice, attempts | 20 | | to practice, or
holds oneself out to practice as a shorthand | 21 | | reporter or a voice writer reporter without being certified
| 22 | | under this Act shall, in
addition to any other penalty provided | 23 | | by law, pay a civil penalty to the
Department in an amount not |
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| 1 | | to exceed $10,000 for each offense as determined by
the | 2 | | Department and the assessment of costs as provided under | 3 | | Section 23.3 of this Act. The civil penalty shall be assessed | 4 | | by the Department after a
hearing is held in accordance with | 5 | | the provisions set forth in this Act
regarding the provision of | 6 | | a hearing for the discipline of a licensee.
| 7 | | (b) The Department has the authority and power to | 8 | | investigate any and all
unlicensed activity.
| 9 | | (c) The civil penalty shall be paid within 60 days after | 10 | | the effective date
of the order imposing the civil penalty. The | 11 | | order shall constitute a judgment
and may be filed and | 12 | | execution had thereon in the same manner as any judgment
from | 13 | | any court of record.
| 14 | | (d) All moneys collected under this Section shall be | 15 | | deposited into the General Professions Dedicated Fund. | 16 | | (Source: P.A. 98-445, eff. 12-31-13.)
| 17 | | (225 ILCS 415/4) (from Ch. 111, par. 6204)
| 18 | | (Section scheduled to be repealed on January 1, 2024)
| 19 | | Sec. 4. In this Act:
| 20 | | (1) "Department" means the Department of Financial and | 21 | | Professional Regulation.
| 22 | | (2) "Secretary" means the Secretary of Financial and | 23 | | Professional Regulation.
| 24 | | (3) "Board" means the Certified Shorthand Reporters and | 25 | | Voice Writer Reporters Board appointed by the
Secretary.
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| 1 | | (4) "The practice of shorthand reporting" means reporting, | 2 | | by the use
of any system of manual or mechanical shorthand | 3 | | writing, of Grand Jury
proceedings, court proceedings, court | 4 | | related proceedings, pretrial
examinations, depositions, | 5 | | motions and related proceedings of like
character, or | 6 | | proceedings of an administrative agency when the final
decision | 7 | | of the agency with reference thereto is likely to be subject
to | 8 | | judicial review under the provisions of the Administrative | 9 | | Review Law.
| 10 | | (5) "Shorthand reporter" means a person who is technically | 11 | | qualified and
certified under this Act to practice shorthand | 12 | | reporting.
| 13 | | (6) "Stenographic notes" means the original notes by manual | 14 | | or mechanical
shorthand , voice writing, or shorthand writing | 15 | | taken by a shorthand reporter or voice writer reporter of a | 16 | | proceeding
while in attendance at such proceeding for the | 17 | | purpose of reporting the same.
| 18 | | (7) "Address of record" means the designated address | 19 | | recorded by the Department in the applicant's or licensee's | 20 | | application file or license file as maintained by the | 21 | | Department's licensure maintenance unit. It is the duty of the | 22 | | applicant or licensee to inform the Department of any change of | 23 | | address and those changes must be made either through the | 24 | | Department's Internet website or by contacting the Department. | 25 | | (8) "Practice of voice writer reporting" means reporting, | 26 | | by the use of a system of repeating words of the speaker into a |
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| 1 | | device that is capable of digital translation into text, of | 2 | | grand jury proceedings, court proceedings, court-related | 3 | | proceedings, pretrial examinations, depositions, motions, and | 4 | | related proceedings of like character, or proceedings of an | 5 | | administrative agency when the final decision of the agency | 6 | | with reference thereto is likely to be subject to judicial | 7 | | review under the provisions of the Administrative Review Law. | 8 | | (9) "Voice writer reporter" means a person who is | 9 | | technically qualified and certified under this Act to practice | 10 | | voice writer reporting. | 11 | | (Source: P.A. 98-445, eff. 12-31-13.)
| 12 | | (225 ILCS 415/5) (from Ch. 111, par. 6205)
| 13 | | (Section scheduled to be repealed on January 1, 2024)
| 14 | | Sec. 5. Title. Every person to whom a valid existing | 15 | | certificate as a
certified shorthand reporter or certified | 16 | | voice writer reporter has been issued under this Act shall
be | 17 | | designated as a Certified Shorthand Reporter or Certified Voice | 18 | | Writer Reporter, and not otherwise . Any ,
and any such | 19 | | certified shorthand reporter may, in connection with
his or her | 20 | | practice of shorthand reporting, use the abbreviation "C.S.R."
| 21 | | or the title "Court Reporter". Any such certified voice writer | 22 | | reporter may, in connection with his or her practice of voice | 23 | | writer reporting, use the abbreviation "C.C.R." or the title | 24 | | "Certified Voice Writer Reporter" or "Court Reporter".
No | 25 | | person other than the holder of a valid existing certificate
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| 1 | | under this Act shall use the title or designation of "Certified
| 2 | | Shorthand Reporter", "Court Reporter", "C.C.R.", or "C.S.R.", | 3 | | or "Certified Voice Writer Reporter", either directly or
| 4 | | indirectly
in connection with his or her profession or | 5 | | business. A person may hold valid certificates both as a | 6 | | certified shorthand reporter and as a certified voice writer | 7 | | under this Act and may use the titles authorized by this | 8 | | Section.
| 9 | | (Source: P.A. 90-49, eff. 7-3-97 .)
| 10 | | (225 ILCS 415/6) (from Ch. 111, par. 6206)
| 11 | | (Section scheduled to be repealed on January 1, 2024)
| 12 | | Sec. 6. Restricted certificate. Upon receipt of a written | 13 | | request from the Chief Judge of the reporter's circuit,
the | 14 | | Department shall, upon payment of the required fee, issue to | 15 | | any
reporter who has been appointed in counties of less than | 16 | | 1,000,000 in
population, has been examined under the Court | 17 | | Reporters Act, and has achieved an "A" proficiency rating, a | 18 | | restricted certificate by which
such official court reporter | 19 | | may then lawfully engage in reporting only court
proceedings to | 20 | | which he or she may be assigned by the Chief Judge of his or her | 21 | | circuit.
| 22 | | (Source: P.A. 98-445, eff. 12-31-13.)
| 23 | | (225 ILCS 415/8) (from Ch. 111, par. 6208)
| 24 | | (Section scheduled to be repealed on January 1, 2024)
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| 1 | | Sec. 8. Certified Shorthand Reporters and Voice Writer | 2 | | Reporters Board. The Secretary shall appoint a Certified | 3 | | Shorthand Reporters and Voice Writer Reporters Board
as | 4 | | follows: 9 7 persons who shall be appointed by and shall serve | 5 | | in
an advisory capacity to the Secretary. Six members must be | 6 | | certified shorthand
reporters, in good standing, and actively | 7 | | engaged in the practice of shorthand
reporting in this State | 8 | | for ten years, 2 members must be certified voice writer | 9 | | reporters actively engaged in the practice of voice writer | 10 | | reporting in this State, who have engaged in the practice of | 11 | | voice writer reporting for at least 10 years in this State, or | 12 | | who have applied for certification in this State and are | 13 | | engaged in the practice of voice writer reporting in another | 14 | | jurisdiction for at least 10 years and are in good standing in | 15 | | the other jurisdiction, and one member must be a member of
the | 16 | | public who is not certified under this Act, or a similar Act of | 17 | | another
jurisdiction.
| 18 | | Members shall serve 4 year terms and until their successors | 19 | | are appointed
and qualified. No member shall be
reappointed to | 20 | | the Board for a term that would cause his or her continuous
| 21 | | service on the Board to be longer than 2 full consecutive | 22 | | terms.
Appointments to fill vacancies
shall be made in the same | 23 | | manner as original appointments, for the unexpired
portion of | 24 | | the vacated term.
| 25 | | In making appointments to the Board,
the Secretary shall | 26 | | give consideration to recommendations by national and
State |
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| 1 | | organizations of the shorthand reporter and voice writer | 2 | | reporter professions profession .
| 3 | | Four members of the Board shall constitute a quorum. A | 4 | | quorum is required for all Board decisions. | 5 | | The Secretary may remove or suspend any member of the Board | 6 | | for cause at any time before the expiration of his or her term. | 7 | | The Secretary shall be the sole arbiter of cause.
| 8 | | The Secretary shall consider the recommendations of the | 9 | | Board on questions
involving standards of professional | 10 | | conduct, discipline and qualifications
of candidates and | 11 | | certificate holders under this Act. | 12 | | Members of the Board shall be reimbursed for all | 13 | | legitimate, necessary, and authorized expenses incurred in | 14 | | attending the meetings of the Board.
| 15 | | Members of the Board have no liability in any action based | 16 | | upon any disciplinary proceedings or other activity performed | 17 | | in good faith as members of the Board.
| 18 | | (Source: P.A. 98-445, eff. 12-31-13.)
| 19 | | (225 ILCS 415/9) (from Ch. 111, par. 6209)
| 20 | | (Section scheduled to be repealed on January 1, 2024)
| 21 | | Sec. 9. Qualifications. Applications for original | 22 | | certificates shall be made to the
Department
in writing on | 23 | | forms prescribed by the Department and shall be accompanied
by | 24 | | the required fee, which shall not be returnable. Any such | 25 | | application
shall require such information as in the judgment |
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| 1 | | of the Department
will enable the Department to pass on the | 2 | | qualifications of the applicant
for certification.
| 3 | | In determining competency, the Department shall require | 4 | | proof that the
applicant has a good understanding of the | 5 | | English language, including reading,
spelling and vocabulary, | 6 | | and that the applicant has sufficient ability to
accurately | 7 | | report any of the matters comprising the practice of shorthand
| 8 | | reporting or the practice of voice writer reporting, as herein | 9 | | defined, by the use of any system of manual or mechanical
| 10 | | shorthand or shorthand writing or by the use of voice writing , | 11 | | and a clear understanding of obligations
between a shorthand | 12 | | reporter and a voice writer reporter and the parties to any | 13 | | proceedings reported,
as well as the provisions of this Act.
| 14 | | (Source: P.A. 98-445, eff. 12-31-13.)
| 15 | | (225 ILCS 415/10) (from Ch. 111, par. 6210)
| 16 | | (Section scheduled to be repealed on January 1, 2024)
| 17 | | Sec. 10.
The Department shall authorize examinations at | 18 | | such time and place as it may designate. The examination shall | 19 | | be
of a character to give a fair test of the qualifications of | 20 | | the applicant
to practice shorthand reporting or to practice | 21 | | voice writer reporting .
| 22 | | Applicants for examination as certified shorthand | 23 | | reporters and for examination as certified voice writer | 24 | | reporters shall be required
to pay, either to the Department or | 25 | | the designated testing service, a fee
covering the cost of |
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| 1 | | providing the examination. Failure to appear for the
| 2 | | examination on the scheduled date, at the time and place | 3 | | specified, after
the applicant's application for examination | 4 | | has been received and acknowledged
by the Department or the | 5 | | designated testing service, shall result in the
forfeiture of | 6 | | the examination fee.
| 7 | | If an applicant neglects, fails or refuses to take the next | 8 | | available
examination offered or fails to pass an examination | 9 | | for certification
under this Act, the application shall be | 10 | | denied. If an applicant for
examination for certification under | 11 | | this Act fails to pass the examination
within 3 years after | 12 | | filing his application, the application shall be
denied. | 13 | | However, such applicant may thereafter make a new application
| 14 | | accompanied by the required fee.
| 15 | | The Department may employ consultants for the purpose of | 16 | | preparing and
conducting examinations.
| 17 | | An applicant has one year from the date of notification of
| 18 | | successful completion of the examination to apply to the | 19 | | Department for a
license. If an applicant fails to apply within | 20 | | one year, the applicant shall
be required to take and pass the | 21 | | examination again unless licensed in
another jurisdiction of | 22 | | the United States within one year of passing the
examination.
| 23 | | (Source: P.A. 98-445, eff. 12-31-13.)
| 24 | | (225 ILCS 415/11) (from Ch. 111, par. 6211)
| 25 | | (Section scheduled to be repealed on January 1, 2024)
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| 1 | | Sec. 11. Qualifications; application. A person shall be | 2 | | qualified for certification as a certified
shorthand reporter | 3 | | or for certification as a certified voice writer reporter if:
| 4 | | A. That person has applied in writing in form and substance | 5 | | to the
Department; and
| 6 | | (1) (Blank);
| 7 | | (2) Is of good moral character, the determination of | 8 | | which shall take
into account but not be totally based upon | 9 | | any felony conviction of the
applicant; and
| 10 | | (3) Has graduated from a high school or secondary | 11 | | school or its
equivalent; and
| 12 | | B. That person has successfully completed the examination | 13 | | authorized by
the Department.
| 14 | | Additional qualifications for the practice of shorthand | 15 | | reporting or for the practice of voice writer reporting may be | 16 | | set by the Department by rule. | 17 | | (Source: P.A. 98-445, eff. 12-31-13.)
| 18 | | (225 ILCS 415/13) (from Ch. 111, par. 6213)
| 19 | | (Section scheduled to be repealed on January 1, 2024)
| 20 | | Sec. 13.
No action or suit shall be instituted, nor | 21 | | recovery therein be
had, in any court of this State by any | 22 | | person for compensation for any
act done or service rendered, | 23 | | the doing or rendering of which is prohibited
under the | 24 | | provisions of this Act to other than certified shorthand | 25 | | reporters or certified voice writer reporters .
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| 1 | | (Source: P.A. 83-73 .)
| 2 | | (225 ILCS 415/14) (from Ch. 111, par. 6214)
| 3 | | (Section scheduled to be repealed on January 1, 2024)
| 4 | | Sec. 14. Expiration, renewal, and military service. The | 5 | | expiration date and renewal period for each certificate issued
| 6 | | under this Act shall be set by rule.
| 7 | | Any certified shorthand reporter or certified voice writer | 8 | | reporter who has permitted his or her certificate to expire
or | 9 | | who has had his or her certificate on inactive status may have | 10 | | his or her certificate
restored by making application to the | 11 | | Department, filing proof acceptable
to the Department of his or | 12 | | her fitness to have his or her certificate restored and
paying | 13 | | the required restoration fee. The Department may consider a
| 14 | | certificate expired less than 5 years as prima facie evidence | 15 | | that the
applicant is fit. If a certificate has expired or has | 16 | | been placed on
inactive status and the applicant has practiced | 17 | | in another jurisdiction
during such period, satisfactory proof | 18 | | of fitness may include
sworn evidence certifying to active | 19 | | practice in another jurisdiction.
| 20 | | If the certified shorthand reporter or certified voice | 21 | | writer reporter has not maintained an active practice
in | 22 | | another jurisdiction satisfactory to the Department, the | 23 | | Department shall
determine, by an evaluation program | 24 | | established by rule, his or her fitness to
resume active status | 25 | | and shall, by rule, establish procedures and requirements for |
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| 1 | | restoration.
| 2 | | However, any certified shorthand reporter or certified | 3 | | voice writer reporter whose certificate expired while
he or she | 4 | | was (1) in Federal Service on active duty with the Armed Forces | 5 | | of the
United States, or the State Militia called into service | 6 | | or training, or
(2) in training or education under the | 7 | | supervision of the United States
preliminary to induction into | 8 | | the military service, may have his or her certificate
renewed | 9 | | or restored without paying any lapsed renewal fees if within 2 | 10 | | years
after termination of such service, training or education | 11 | | except under
conditions other than honorable, he or she | 12 | | furnished the Department with
satisfactory evidence to the | 13 | | effect that he or she has been so engaged and that
his or her | 14 | | service, training or education has been so terminated.
| 15 | | (Source: P.A. 98-445, eff. 12-31-13.)
| 16 | | (225 ILCS 415/15) (from Ch. 111, par. 6215)
| 17 | | (Section scheduled to be repealed on January 1, 2024)
| 18 | | Sec. 15. Inactive status. Any certified shorthand reporter | 19 | | or certified voice writer reporter who notifies the Department
| 20 | | in writing on forms prescribed by the Department, may elect to | 21 | | place his or her
certificate on an inactive status and shall, | 22 | | subject to rules of the
Department,
be excused from payment of | 23 | | renewal fees until he or she notifies the Department
in writing | 24 | | of his or her desire to resume active status.
| 25 | | Any certified shorthand reporter or certified voice writer |
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| 1 | | reporter requesting restoration from inactive status
shall be | 2 | | required to pay the current renewal fee and shall be required | 3 | | to
restore his or her certificate, as provided in Section 14.
| 4 | | Any certified shorthand reporter or certified voice writer | 5 | | reporter whose certificate is in an inactive status
shall not | 6 | | practice shorthand reporting or voice writer reporting in the | 7 | | State of Illinois.
| 8 | | (Source: P.A. 98-445, eff. 12-31-13.)
| 9 | | (225 ILCS 415/16) (from Ch. 111, par. 6216)
| 10 | | (Section scheduled to be repealed on January 1, 2024)
| 11 | | Sec. 16. Endorsement; licensure without examination. The | 12 | | Department may certify as a certified
shorthand reporter or as | 13 | | a certified voice writer reporter , without examination, on | 14 | | payment of the required fee,
an applicant who is a certified | 15 | | shorthand reporter or certified voice writer reporter | 16 | | registered under the
laws of another jurisdiction, if the | 17 | | requirements for certification of
certified shorthand | 18 | | reporters or certified voice writer reporters in that | 19 | | jurisdiction were, at the date of his or her
certification, | 20 | | substantially equivalent to the requirements in force in
this | 21 | | State on that date.
| 22 | | Applicants have 3 years from the date of application to | 23 | | complete the
application process. If the process has not been | 24 | | completed in 3
years, the application shall be denied, the fee | 25 | | forfeited and the
applicant must reapply and meet the |
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| 1 | | requirements in effect at the time
of reapplication.
| 2 | | (Source: P.A. 98-445, eff. 12-31-13.)
| 3 | | (225 ILCS 415/23) (from Ch. 111, par. 6223)
| 4 | | (Section scheduled to be repealed on January 1, 2024)
| 5 | | Sec. 23. Grounds for disciplinary action.
| 6 | | (a) The Department may refuse to issue or renew, or may | 7 | | revoke,
suspend, place on probation, reprimand or take other | 8 | | disciplinary
or non-disciplinary action as the Department may | 9 | | deem appropriate, including imposing fines not to
exceed | 10 | | $10,000 for each violation and the assessment of costs as | 11 | | provided for in Section 23.3 of this Act, with regard to any | 12 | | license for any one
or combination of the following:
| 13 | | (1) Material misstatement in furnishing information to | 14 | | the Department;
| 15 | | (2) Violations of this Act, or of the rules promulgated | 16 | | thereunder;
| 17 | | (3) Conviction by plea of guilty or nolo contendere, | 18 | | finding of guilt, jury verdict, or entry of judgment or by | 19 | | sentencing of any crime, including, but not limited to, | 20 | | convictions, preceding sentences of supervision, | 21 | | conditional discharge, or first offender probation under | 22 | | the laws of any jurisdiction of the United States: (i) that | 23 | | is a felony or (ii) that is a misdemeanor, an essential | 24 | | element of which is dishonesty, or that is directly related | 25 | | to the practice of the profession;
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| 1 | | (4) Fraud or any misrepresentation in applying for or | 2 | | procuring a license under this Act or in connection with | 3 | | applying for renewal of a license under this Act;
| 4 | | (5) Professional incompetence;
| 5 | | (6) Aiding or assisting another person, firm, | 6 | | partnership or corporation
in violating any provision of | 7 | | this Act or rules;
| 8 | | (7) Failing, within 60 days, to provide information in | 9 | | response to a
written request made by the Department;
| 10 | | (8) Engaging in dishonorable, unethical or | 11 | | unprofessional conduct of a
character likely to deceive, | 12 | | defraud or harm the public;
| 13 | | (9) Habitual or excessive use or abuse of drugs defined | 14 | | in law as controlled substances, alcohol, or any other | 15 | | substances that results in the inability to practice with | 16 | | reasonable judgment, skill, or safety;
| 17 | | (10) Discipline by another state, unit of government, | 18 | | government agency, the District of Columbia, a territory,
| 19 | | or foreign nation, if at least one of the grounds for the | 20 | | discipline is
the same or substantially equivalent to those | 21 | | set forth herein;
| 22 | | (11) Charging for professional services not rendered, | 23 | | including filing false statements for the collection of | 24 | | fees for which services were not rendered, or giving, | 25 | | directly or indirectly, any gift or anything of value to | 26 | | attorneys or their staff or any other persons or entities |
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| 1 | | associated with any litigation, that exceeds $100 total per | 2 | | year; for the purposes of this Section, pro bono services, | 3 | | as defined by State law, are permissible in any amount;
| 4 | | (12) A finding by the Board that the certificate | 5 | | holder, after having
his or her certificate placed on | 6 | | probationary status, has violated the terms of
probation;
| 7 | | (13) Willfully making or filing false records or | 8 | | reports in the practice
of shorthand reporting or in the | 9 | | practice of voice writer reporting , including but not | 10 | | limited to false records filed
with State agencies or | 11 | | departments;
| 12 | | (14) Physical illness, including but not limited to, | 13 | | deterioration through
the aging process, or loss of motor | 14 | | skill which results in the inability
to practice under this | 15 | | Act with reasonable judgment, skill or safety;
| 16 | | (15) Solicitation of professional services other than | 17 | | by permitted
advertising;
| 18 | | (16) Willful failure to take full and accurate | 19 | | stenographic notes of
any proceeding;
| 20 | | (17) Willful alteration of any stenographic notes | 21 | | taken at any proceeding;
| 22 | | (18) Willful failure to accurately transcribe verbatim | 23 | | any stenographic
notes taken at any proceeding;
| 24 | | (19) Willful alteration of a transcript of | 25 | | stenographic notes taken at
any proceeding;
| 26 | | (20) Affixing one's signature to any transcript of his |
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| 1 | | stenographic notes
or certifying to its correctness unless | 2 | | the transcript has been prepared
by him or under his | 3 | | immediate supervision;
| 4 | | (21) Willful failure to systematically retain | 5 | | stenographic notes or transcripts on paper or any | 6 | | electronic media for 10 years
from the date that the notes | 7 | | or transcripts were taken;
| 8 | | (22) Failure to deliver transcripts in a timely manner | 9 | | or in accordance
with contractual agreements;
| 10 | | (23) Establishing contingent fees as a basis of | 11 | | compensation;
| 12 | | (24) Mental illness or disability that results in the | 13 | | inability to practice under this Act with reasonable | 14 | | judgment, skill, or safety; | 15 | | (25) Practicing under a false or assumed name, except | 16 | | as provided by law; | 17 | | (26) Cheating on or attempting to subvert the licensing | 18 | | examination administered under this Act; | 19 | | (27) Allowing one's license under this Act to be used | 20 | | by an unlicensed person in violation of this Act. | 21 | | All fines imposed under this Section shall be paid within | 22 | | 60 days after the effective date of the order imposing the fine | 23 | | or in accordance with the terms set forth in the order imposing | 24 | | the fine. | 25 | | (b) The determination by a circuit court that a certificate | 26 | | holder is
subject to involuntary admission or judicial |
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| 1 | | admission as provided in the
Mental Health and Developmental | 2 | | Disabilities Code, operates as an automatic
suspension. Such | 3 | | suspension will end only upon a
finding by a court that the | 4 | | patient is no longer subject to involuntary
admission or | 5 | | judicial admission, an order by the court so finding and
| 6 | | discharging the patient. In any case where a license is | 7 | | suspended under this Section, the licensee may file a petition | 8 | | for restoration and shall include evidence acceptable to the | 9 | | Department that the licensee can resume practice in compliance | 10 | | with acceptable and prevailing standards of the profession.
| 11 | | (c) In cases where the Department of Healthcare and Family | 12 | | Services has previously determined a licensee or a potential | 13 | | licensee is more than 30 days delinquent in the payment of | 14 | | child support and has subsequently certified the delinquency to | 15 | | the Department, the Department may refuse to issue or renew or | 16 | | may revoke or suspend that person's license or may take other | 17 | | disciplinary action against that person based solely upon the | 18 | | certification of delinquency made by the Department of | 19 | | Healthcare and Family Services in accordance with item (5) of | 20 | | subsection (a) of Section 2105-15 of the Civil Administrative | 21 | | Code of Illinois. | 22 | | (d) In enforcing this Section, the Department, upon a | 23 | | showing of a possible violation, may compel any individual who | 24 | | is certified under this Act or any individual who has applied | 25 | | for certification under this Act to submit to a mental or | 26 | | physical examination and evaluation, or both, which may include |
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| 1 | | a substance abuse or sexual offender evaluation, at the expense | 2 | | of the Department. The Department shall specifically designate | 3 | | the examining physician licensed to practice medicine in all of | 4 | | its branches or, if applicable, the multidisciplinary team | 5 | | involved in providing the mental or physical examination and | 6 | | evaluation, or both. The multidisciplinary team shall be led by | 7 | | a physician licensed to practice medicine in all of its | 8 | | branches and may consist of one or more or a combination of | 9 | | physicians licensed to practice medicine in all of its | 10 | | branches, licensed chiropractic physicians, licensed clinical | 11 | | psychologists, licensed clinical social workers, licensed | 12 | | clinical professional counselors, and other professional and | 13 | | administrative staff. Any examining physician or member of the | 14 | | multidisciplinary team may require any person ordered to submit | 15 | | to an examination and evaluation pursuant to this Section to | 16 | | submit to any additional supplemental testing deemed necessary | 17 | | to complete any examination or evaluation process, including, | 18 | | but not limited to, blood testing, urinalysis, psychological | 19 | | testing, or neuropsychological testing. | 20 | | The Department may order the examining physician or any | 21 | | member of the multidisciplinary team to provide to the | 22 | | Department any and all records, including business records, | 23 | | that relate to the examination and evaluation, including any | 24 | | supplemental testing performed. The Department may order the | 25 | | examining physician or any member of the multidisciplinary team | 26 | | to present testimony concerning this examination and |
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| 1 | | evaluation of the certified shorthand reporter , certified | 2 | | voice writer reporter, or applicant, including testimony | 3 | | concerning any supplemental testing or documents relating to | 4 | | the examination and evaluation. No information, report, | 5 | | record, or other documents in any way related to the | 6 | | examination and evaluation shall be excluded by reason of any | 7 | | common law or statutory privilege relating to communication | 8 | | between the licensee or applicant and the examining physician | 9 | | or any member of the multidisciplinary team. No authorization | 10 | | is necessary from the certified shorthand reporter or applicant | 11 | | ordered to undergo an evaluation and examination for the | 12 | | examining physician or any member of the multidisciplinary team | 13 | | to provide information, reports, records, or other documents or | 14 | | to provide any testimony regarding the examination and | 15 | | evaluation. The individual to be examined may have, at his or | 16 | | her own expense, another physician of his or her choice present | 17 | | during all aspects of the examination. | 18 | | Failure of any individual to submit to mental or physical | 19 | | examination and evaluation, or both, when directed, shall | 20 | | result in an automatic suspension, without hearing, until such | 21 | | time as the individual submits to the examination. If the | 22 | | Department finds a certified shorthand reporter or certified | 23 | | voice writer reporter unable to practice because of the reasons | 24 | | set forth in this Section, the Department shall require the | 25 | | certified shorthand reporter or certified voice writer | 26 | | reporter to submit to care, counseling, or treatment by |
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| 1 | | physicians approved or designated by the Department, as a | 2 | | condition for continued, reinstated, or renewed certification. | 3 | | When the Secretary immediately suspends a certificate | 4 | | under this Section, a hearing upon the person's certificate | 5 | | must be convened by the Department within 15 days after the | 6 | | suspension and completed without appreciable delay. The | 7 | | Department shall have the authority to review the certified | 8 | | shorthand reporter's or certified voice writer reporter's | 9 | | record of treatment and counseling regarding the impairment, to | 10 | | the extent permitted by applicable federal statutes and | 11 | | regulations safeguarding the confidentiality of medical | 12 | | records. | 13 | | Individuals certified under this Act, affected under this | 14 | | Section, shall be afforded an opportunity to demonstrate to the | 15 | | Department that they can resume practice in compliance with | 16 | | acceptable and prevailing standards under the provisions of | 17 | | their certification. | 18 | | (e) (Blank). | 19 | | (f) The Department may refuse to issue or may suspend | 20 | | without hearing, as provided for in the Code of Civil | 21 | | Procedure, the license of any person who fails to file a | 22 | | return, to pay the tax, penalty, or interest shown in a filed | 23 | | return, or to pay any final assessment of tax, penalty, or | 24 | | interest as required by any tax Act administered by the | 25 | | Illinois Department of Revenue, until such time as the | 26 | | requirements of any such tax Act are satisfied in accordance |
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| 1 | | with subsection (g) of Section 2105-15 of the Civil | 2 | | Administrative Code of Illinois. | 3 | | (Source: P.A. 100-872, eff. 8-14-18.)
| 4 | | (225 ILCS 415/23.1) (from Ch. 111, par. 6224)
| 5 | | (Section scheduled to be repealed on January 1, 2024)
| 6 | | Sec. 23.1. Injunctive actions; order to cease and desist. | 7 | | (a) If any person violates the provisions of this Act,
the | 8 | | Secretary may, in the name of the People of the State of | 9 | | Illinois, through
the Attorney General of the State of Illinois | 10 | | or the State's Attorney of the county in which the violation is | 11 | | alleged to have occurred, 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 has violated
| 17 | | or is violating the injunction, the court may punish the | 18 | | offender for contempt
of court. Proceedings under this Section | 19 | | shall be in addition to, and not
in lieu of, all other remedies | 20 | | and penalties provided by this Act.
| 21 | | (b) If any person practices as a certified shorthand | 22 | | reporter or certified voice writer reporter or holds
himself or | 23 | | herself out as a certified shorthand reporter or certified | 24 | | voice writer reporter without being licensed
under the | 25 | | provisions of this Act then any certified shorthand reporter, |
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| 1 | | any certified voice writer reporter,
any interested party or | 2 | | any person injured thereby may, in addition to the
Secretary, | 3 | | petition for relief as provided in subsection (a).
| 4 | | (c) Whenever in the opinion of the Department any person | 5 | | violates any
provision of this Act, the Department may issue a | 6 | | rule to show cause why
an order to cease and desist should not | 7 | | be entered against that individual. The rule
shall clearly set | 8 | | forth the grounds relied upon by the Department and shall
| 9 | | provide a period of 7 days from the date of the rule to file an | 10 | | answer to
the satisfaction of the Department. Failure to answer | 11 | | to the satisfaction
of the Department shall cause an order to | 12 | | cease and desist to be issued
forthwith.
| 13 | | (Source: P.A. 98-445, eff. 12-31-13.)
| 14 | | (225 ILCS 415/23.3) (from Ch. 111, par. 6226)
| 15 | | (Section scheduled to be repealed on January 1, 2024)
| 16 | | Sec. 23.3. Records of proceedings. The Department, at its | 17 | | expense, shall preserve a record
of all proceedings at the | 18 | | formal hearing of any case.
The notice of hearing, complaint | 19 | | and all other documents in the nature of
pleadings and written | 20 | | motions filed in the proceedings, the transcript of
testimony, | 21 | | the report
of the Board and orders of the Department, shall be | 22 | | the record of such
proceeding. Any certified shorthand reporter | 23 | | or certified voice writer reporter who is found to have | 24 | | violated this Act or who fails to appear for a hearing to | 25 | | refuse to issue, restore, or renew a license or to discipline a |
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| 1 | | licensee may be required by the Department to pay for the costs | 2 | | of the proceeding. These costs are limited to costs for court | 3 | | reporters, transcripts, and witness attendance and mileage | 4 | | fees. All costs imposed under this Section shall be paid within | 5 | | 60 days after the effective date of the order imposing the | 6 | | fine.
| 7 | | (Source: P.A. 98-445, eff. 12-31-13.)
| 8 | | (225 ILCS 415/23.4) (from Ch. 111, par. 6227)
| 9 | | (Section scheduled to be repealed on January 1, 2024)
| 10 | | Sec. 23.4. Subpoenas; oaths. The Department may subpoena | 11 | | and bring
before it any person and to take the oral or written | 12 | | testimony or compel the production of any books, papers, | 13 | | records, or any other documents that the Secretary or his or | 14 | | her designee deems relevant or material to an investigation or | 15 | | hearing conducted by the Department with the same fees and | 16 | | mileage and in the same manner
as prescribed by law in judicial | 17 | | procedure in civil cases in courts of this
State.
| 18 | | The Secretary, the designated hearing officer, any member | 19 | | of the Board, or a certified shorthand court reporter or a | 20 | | certified voice writer reporter may have power to administer | 21 | | oaths at any hearing which the
Department conducts. | 22 | | Notwithstanding any other statute or Department rule to the | 23 | | contrary, all requests for testimony and production of | 24 | | documents or records shall be in accordance with this Act.
| 25 | | (Source: P.A. 98-445, eff. 12-31-13.)
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| 1 | | (225 ILCS 415/23.13) (from Ch. 111, par. 6236)
| 2 | | (Section scheduled to be repealed on January 1, 2024)
| 3 | | Sec. 23.13. Summary suspension. The Secretary may | 4 | | summarily suspend the certificate of
a certified shorthand | 5 | | reporter or a certified voice writer reporter without a | 6 | | hearing, simultaneously with the
institution of proceedings | 7 | | for a hearing provided for in Section 23.2 of
this Act, if the | 8 | | Secretary finds that the evidence indicates
that a certified | 9 | | shorthand reporter's or a certified voice writer reporter's | 10 | | continuation in practice would constitute
an imminent danger to | 11 | | the public. In the event that the Secretary summarily
suspends
| 12 | | the certificate of a certified shorthand reporter or a | 13 | | certified voice writer reporter without a hearing, a
hearing | 14 | | shall be commenced within 30 days after such suspension has
| 15 | | occurred and shall be concluded as expeditiously as possible.
| 16 | | (Source: P.A. 98-445, eff. 12-31-13.)
| 17 | | (225 ILCS 415/25) (from Ch. 111, par. 6241)
| 18 | | (Section scheduled to be repealed on January 1, 2024)
| 19 | | Sec. 25. Home rule. The regulation and licensing of a | 20 | | shorthand reporter or a voice writer reporter are exclusive | 21 | | powers and functions of the State. A home rule unit may not | 22 | | regulate or license a shorthand reporter or the practice of | 23 | | shorthand reporting or regulate or license a voice writer | 24 | | reporter or the practice of voice writer reporting . This |
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| 1 | | Section is a denial and limitation of home rule powers and | 2 | | functions under subsection (h) of Section 6 of Article VII of | 3 | | the Illinois Constitution.
| 4 | | (Source: P.A. 98-445, eff. 12-31-13.)
| 5 | | (225 ILCS 415/26) (from Ch. 111, par. 6242)
| 6 | | (Section scheduled to be repealed on January 1, 2024)
| 7 | | Sec. 26.
Every shorthand reporter and voice writer reporter | 8 | | shall print his or her name
and license or restricted license | 9 | | number on each transcript reported.
| 10 | | (Source: P.A. 87-481; 87-576 .)
| 11 | | (225 ILCS 415/28)
| 12 | | (Section scheduled to be repealed on January 1, 2024)
| 13 | | Sec. 28. Payment for services. A person certified under | 14 | | this Act may hold an attorney, firm, or
any other entity | 15 | | personally responsible for payment of shorthand reporting
| 16 | | services or voice writer reporting services rendered at the | 17 | | request of that attorney, firm, or entity.
| 18 | | (Source: P.A. 90-295, eff. 8-1-97 .)
| 19 | | Section 45. The Illinois Public Accounting Act is amended | 20 | | by changing Section 20.2 as follows:
| 21 | | (225 ILCS 450/20.2) (from Ch. 111, par. 5523)
| 22 | | (Section scheduled to be repealed on January 1, 2024)
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| 1 | | Sec. 20.2. Subpoenas; depositions; oaths. | 2 | | (a) The Department may subpoena and bring before it any
| 3 | | person to take the oral or written testimony or compel the | 4 | | production of any books, papers, records, or any other | 5 | | documents that the Secretary or his or her designee deems | 6 | | relevant or material to any investigation or hearing conducted | 7 | | by the Department with the same fees and mileage as prescribed | 8 | | in
civil cases in circuit
courts of this State and in the same | 9 | | manner as prescribed by this Act and its rules.
| 10 | | (b) The Secretary, any member of the Committee designated | 11 | | by the Secretary, a certified shorthand reporter or certified | 12 | | voice writer reporter , or any hearing officer appointed may | 13 | | administer oaths at any hearing which the Department conducts. | 14 | | Notwithstanding any statute or Department rule to the contrary, | 15 | | all requests for testimony, production of documents, or records | 16 | | shall be in accordance with this Act.
| 17 | | (Source: P.A. 98-254, eff. 8-9-13.)
| 18 | | Section 50. The Real Estate Appraiser Licensing Act of 2002 | 19 | | is amended by changing Section 15-15 as follows:
| 20 | | (225 ILCS 458/15-15)
| 21 | | (Section scheduled to be repealed on January 1, 2022)
| 22 | | Sec. 15-15. Investigation; notice; hearing.
| 23 | | (a) Upon the motion of the Department
or the Board or
upon | 24 | | a complaint in
writing of a person setting forth facts that, if |
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| 1 | | proven, would constitute
grounds for suspension, revocation,
| 2 | | or other disciplinary action against a licensee or applicant | 3 | | for licensure, the Department
shall investigate the actions of | 4 | | the licensee or applicant. If, upon investigation, the | 5 | | Department believes that there may be cause for suspension, | 6 | | revocation, or other disciplinary action, the Department shall | 7 | | use the services of a State certified general real estate | 8 | | appraiser, a State certified residential real estate | 9 | | appraiser, or the Real Estate Coordinator to assist in | 10 | | determining whether grounds for disciplinary action exist | 11 | | prior to commencing formal disciplinary proceedings.
| 12 | | (b) Formal disciplinary proceedings shall commence upon | 13 | | the issuance of a
written complaint
describing the charges that | 14 | | are the basis of the disciplinary action and
delivery of the | 15 | | detailed complaint to the address of
record of the licensee or | 16 | | applicant. The Department
shall notify the licensee or
| 17 | | applicant
to file a verified written
answer within 20 days | 18 | | after the service of the notice and complaint.
The
notification | 19 | | shall inform the licensee or applicant of his or her
right to | 20 | | be heard in person or by
legal counsel; that the hearing will | 21 | | be afforded not sooner than 30 days after
service
of the | 22 | | complaint; that failure to file an answer will result in a | 23 | | default being
entered against the licensee or applicant;
that | 24 | | the license may be suspended, revoked, or placed on
| 25 | | probationary status; and that other
disciplinary action may be | 26 | | taken pursuant to this Act, including limiting the
scope, |
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| 1 | | nature, or extent of the licensee's
practice. If the licensee | 2 | | or applicant fails to file an answer after service of
notice, | 3 | | his or her license may,
at the discretion of the Department, be | 4 | | suspended,
revoked, or placed on probationary
status and the | 5 | | Department
may take whatever disciplinary
action it deems | 6 | | proper,
including limiting the scope, nature, or extent of the | 7 | | person's practice,
without a hearing.
| 8 | | (c) At the time and place fixed in the notice, the Board | 9 | | shall conduct
hearing of the charges, providing
both the | 10 | | accused person and the complainant ample opportunity to present | 11 | | in
person
or by counsel such statements, testimony, evidence, | 12 | | and argument as may be
pertinent to the charges or
to a defense | 13 | | thereto.
| 14 | | (d) The Board shall present to the Secretary
a written | 15 | | report of its
findings and
recommendations. A copy of the | 16 | | report shall be served upon the licensee or
applicant,
either | 17 | | personally or by certified
mail. Within 20 days after the | 18 | | service, the licensee or applicant may present
the Secretary
| 19 | | with a motion in writing
for either a rehearing, a proposed | 20 | | finding of fact, a conclusion of law, or an
alternative | 21 | | sanction, and shall
specify the particular grounds for the | 22 | | request. If the accused orders a
transcript of the record
as | 23 | | provided in this Act, the time elapsing thereafter and before | 24 | | the transcript
is ready for delivery to the
accused shall not | 25 | | be counted as part of the 20 days. If the Secretary
is
not | 26 | | satisfied that
substantial justice has been done, the Secretary
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| 1 | | may order a rehearing by
the Board or other
special committee | 2 | | appointed by the Secretary, may remand the matter to the
Board | 3 | | for its
reconsideration of the matter based on the pleadings | 4 | | and evidence presented to
the Board, or may enter
a final order | 5 | | in contravention of the Board's recommendation. | 6 | | Notwithstanding a licensee's or applicant's failure to file a | 7 | | motion for rehearing, the Secretary
shall have the right to | 8 | | take any of
the actions specified in this
subsection (d). Upon | 9 | | the suspension or revocation of a license, the licensee
shall
| 10 | | be required to surrender his
or her license to the Department, | 11 | | and upon failure or refusal to do so, the Department
shall have
| 12 | | the right to seize the
license.
| 13 | | (e) The Department
has the power to issue subpoenas and
| 14 | | subpoenas duces tecum
to bring before it any person in this | 15 | | State, to take testimony, or to require
production of any | 16 | | records
relevant to an inquiry or hearing by the Board in the | 17 | | same manner as prescribed
by law in judicial
proceedings in the | 18 | | courts of this State. In a case of refusal of a witness to
| 19 | | attend, testify, or to produce
books or papers concerning a | 20 | | matter upon which he or she might be lawfully
examined, the | 21 | | circuit court
of the county where the hearing is held, upon | 22 | | application of the Department
or any
party to the proceeding, | 23 | | may compel obedience by proceedings as for contempt.
| 24 | | (f) Any license that is suspended indefinitely or revoked | 25 | | may not be
restored for a minimum period
of 2 years, or as | 26 | | otherwise ordered by the Secretary.
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| 1 | | (g) In addition to the provisions of this Section | 2 | | concerning the conduct of
hearings and the
recommendations for | 3 | | discipline, the Department
has the authority to negotiate
| 4 | | disciplinary and non-disciplinary
settlement agreements | 5 | | concerning any license issued under this Act. All such
| 6 | | agreements shall be
recorded as Consent Orders or Consent to | 7 | | Administrative Supervision Orders.
| 8 | | (h) The Secretary
shall have the authority to appoint an | 9 | | attorney duly
licensed to practice law in the
State of Illinois | 10 | | to serve as the hearing officer in any action to suspend,
| 11 | | revoke, or otherwise discipline
any license issued by the | 12 | | Department. The Hearing Officer
shall have full authority
to | 13 | | conduct the hearing.
| 14 | | (i) The Department, at its expense, shall preserve a record | 15 | | of all formal hearings of
any contested case involving
the | 16 | | discipline of a license. At all hearings or pre-hearing | 17 | | conferences, the Department
and the licensee shall be
entitled | 18 | | to have the proceedings transcribed by a certified shorthand | 19 | | reporter or certified voice writer reporter .
A copy of the | 20 | | transcribed
proceedings shall be made available to the licensee | 21 | | by the certified shorthand
reporter or certified voice writer | 22 | | reporter upon payment of
the prevailing contract copy rate.
| 23 | | (Source: P.A. 100-831, eff. 1-1-19 .)
| 24 | | Section 55. The Animal Welfare Act is amended by changing | 25 | | Section 15 as follows:
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| 1 | | (225 ILCS 605/15) (from Ch. 8, par. 315)
| 2 | | Sec. 15.
Any person affected by a final administrative | 3 | | decision of
the Department may have such decision reviewed | 4 | | judicially by the circuit
court of the county wherein such | 5 | | person resides, or in the case of a
corporation, wherein the | 6 | | registered office is located. If the plaintiff
in the review | 7 | | proceeding is not a resident of this state, the venue
shall be | 8 | | in Sangamon County. The provisions of the Administrative Review
| 9 | | Law, and all amendments and modifications
thereof, and the | 10 | | rules adopted pursuant thereto, shall apply to and
govern all | 11 | | proceedings for the judicial review of final administrative
| 12 | | decisions of the Department hereunder. The term | 13 | | "administrative
decision" is defined as in Section 3-101 of the | 14 | | Code of Civil Procedure.
| 15 | | The Department shall not be required to certify the record | 16 | | of the
proceeding unless the plaintiff in the review | 17 | | proceedings has purchased
a copy from the certified shorthand | 18 | | reporter or certified voice writer reporter who prepared the | 19 | | record. Exhibits
shall be certified without cost.
| 20 | | (Source: P.A. 82-783.)
| 21 | | Section 60. The Liquor Control Act of 1934 is amended by | 22 | | changing Section 7-9 as follows:
| 23 | | (235 ILCS 5/7-9) (from Ch. 43, par. 153)
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| 1 | | Sec. 7-9.
Except as provided in this Section, any order or | 2 | | action of a
local liquor control commissioner levying a fine or | 3 | | refusing to levy a fine
on a licensee, granting or refusing to | 4 | | grant a license,
revoking or suspending or refusing to revoke | 5 | | or suspend a license or
refusing for more than 30 days to grant | 6 | | a hearing upon a complaint to
revoke or suspend a license may, | 7 | | within 20 days after notice of such
order or action, be | 8 | | appealed by any resident of the political
subdivision under the | 9 | | jurisdiction of the local liquor control
commissioner or any | 10 | | person interested, to the State Commission.
| 11 | | In any case where a licensee appeals to the State | 12 | | Commission from an
order or action of the local liquor control | 13 | | commission having the effect of
suspending or revoking a | 14 | | license, denying a renewal application, or
refusing to grant a | 15 | | license, the licensee shall resume the operation of the
| 16 | | licensed business pending the decision of the State Commission | 17 | | and the
expiration of the time allowed for an application for | 18 | | rehearing. If an
application for rehearing is filed, the | 19 | | licensee shall continue the
operation of the licensed business | 20 | | until the denial of the application or,
if the rehearing is | 21 | | granted, until the decision on rehearing.
| 22 | | In any case in which a licensee appeals to the State | 23 | | Commission a
suspension or revocation by a local liquor control | 24 | | commissioner that is the
second or subsequent such suspension | 25 | | or revocation placed on that licensee
within the preceding 12 | 26 | | month period, the licensee shall
consider the suspension or |
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| 1 | | revocation to be in effect until a reversal of
the local liquor | 2 | | control commissioner's action has been issued by the State
| 3 | | Commission and shall cease all activity otherwise authorized by | 4 | | the
license. The State Commission shall expedite, to the | 5 | | greatest extent
possible, its consideration of any appeal that | 6 | | is an appeal of a second or
subsequent suspension or revocation | 7 | | within the past 12 month period.
| 8 | | The appeal shall be limited to a review of the official | 9 | | record of the
proceedings of such local liquor control | 10 | | commissioner if the county board,
city council or board of | 11 | | trustees, as the case may be,
has adopted a resolution | 12 | | requiring that such review be on the record. If such
resolution | 13 | | is adopted, a certified official record of the proceedings
| 14 | | taken and prepared by a certified court reporter , or certified | 15 | | shorthand
reporter , or certified voice writer reporter shall be | 16 | | filed by the local liquor control commissioner within 5
days | 17 | | after notice of the filing of such appeal, if the appellant | 18 | | licensee
pays for the cost of the transcript.
The State | 19 | | Commission
shall
review the propriety of the order or action of | 20 | | the local liquor control
commissioner and shall consider the | 21 | | following questions:
| 22 | | (a) whether the local liquor control commissioner has | 23 | | proceeded in
the manner provided by law;
| 24 | | (b) whether the order is supported by the findings;
| 25 | | (c) whether the findings are supported by substantial | 26 | | evidence in
the light of the whole record.
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| 1 | | The only evidence which may be considered in the review, | 2 | | shall be the
evidence found in the certified official record of | 3 | | the proceedings of
the local liquor control commissioner. No | 4 | | new or additional evidence
shall be admitted or considered. The | 5 | | State Commission shall render a
decision affirming, reversing | 6 | | or modifying the order or action reviewed
within 30 days after | 7 | | the appeal was heard.
| 8 | | In the event such appeal is from an order of a local liquor | 9 | | control
commissioner of a city, village or incorporated town of | 10 | | 500,000 or more
inhabitants, granting or refusing to grant a | 11 | | license or refusing for
more than 30 days to grant a hearing | 12 | | upon a complaint to revoke or
suspend a license, the matter of | 13 | | the propriety of such order or action
shall be tried de novo by | 14 | | the license appeal commission as expeditiously
as | 15 | | circumstances permit.
| 16 | | In the event such appeal is from an order or action of a | 17 | | local liquor
control commissioner of a city, village or | 18 | | incorporated town of 500,000
or more inhabitants, imposing a | 19 | | fine or refusing to impose a fine on a
licensee, revoking or | 20 | | suspending or refusing to revoke or
suspend a license, the | 21 | | license appeal commission shall determine the
appeal by a | 22 | | review of the official record of the proceedings of such
local | 23 | | liquor control commissioner. A certified record of the | 24 | | proceedings
shall be promptly filed with the license appeal | 25 | | commission by such local
liquor
control commissioner after | 26 | | notice of the filing of such
appeal if the appellant licensee |
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| 1 | | pays for the cost of the transcript
and promptly delivers the | 2 | | transcript to
the local liquor control commission or its | 3 | | attorney.
The review by the license appeal commission shall be | 4 | | limited to
the questions:
| 5 | | (a) whether the local liquor control commissioner has | 6 | | proceeded in
the manner provided by law;
| 7 | | (b) whether the order is supported by the findings;
| 8 | | (c) whether the findings are supported by substantial | 9 | | evidence in
the light of the whole record.
| 10 | | No new or additional evidence in support
of or in opposition to | 11 | | such order or action under appeal shall be
received other than | 12 | | that contained in such record of the proceedings.
Within 30 | 13 | | days after such appeal was heard,
the license appeal
commission | 14 | | shall render its decision in accordance with the provisions
of | 15 | | Section 7-5.
| 16 | | In cities, villages and incorporated towns having a | 17 | | population of
500,000 or more inhabitants, appeals from any | 18 | | order or action shall lie
to the license appeal commission of | 19 | | such city, village or incorporated
town. All of the provisions | 20 | | of this Section and Section 7-10 relative
to proceedings upon | 21 | | appeals before the State Commission
and relative to appeals | 22 | | from the decisions of the State Commission shall
apply also to | 23 | | proceedings upon appeals before any license appeal
commission | 24 | | and appeals from the decisions of license appeal commission.
| 25 | | In any trial de novo hearing before the State Commission or | 26 | | license
appeal commission, the local liquor control |
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| 1 | | commissioner shall be
entitled to 10 days notice and to be | 2 | | heard. All such trial de novo
hearings shall be open to the | 3 | | public and the Illinois Liquor Control
Commission and the | 4 | | license appeal commission shall reduce all evidence
offered | 5 | | thereto to writing.
| 6 | | If after trial de novo hearing or review as provided | 7 | | herein, the
State Commission or the license appeal commission | 8 | | (as the case may be)
shall decide that the license has been | 9 | | improperly issued, denied,
revoked, suspended or refused to be | 10 | | revoked or suspended or a hearing to
revoke or suspend has been | 11 | | improperly refused or that the licensee has been
improperly | 12 | | fined or not fined, it shall enter an order
in conformity with | 13 | | such findings, which order shall be in writing.
| 14 | | A certified copy of the order shall be transmitted to the | 15 | | particular
local liquor control commissioner and it shall be | 16 | | the duty of the local
liquor control commissioner to take such | 17 | | action as may be necessary to
conform with the order.
| 18 | | In any trial de novo hearing before the State Commission or | 19 | | the
license appeal commission, the licensee shall submit to | 20 | | examination and
produce books and records material to the | 21 | | business conducted under the
license in like manner as before | 22 | | the local liquor control commissioner,
and the failure of the | 23 | | licensee to submit to such an examination or to
produce such | 24 | | books and records, or to appear at the hearing on such
appeal, | 25 | | shall constitute an admission that he has violated the
| 26 | | provisions of this Act. In the event the appeal is from an |
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| 1 | | order of the
local liquor control commissioner
denying a | 2 | | renewal application, the
licensee shall have on deposit with | 3 | | the local liquor control
commissioner an amount sufficient to | 4 | | cover the license fee for the
renewal period and any bond that | 5 | | may be required.
| 6 | | (Source: P.A. 88-613, eff. 1-1-95.)
| 7 | | Section 65. The Salvage Warehouse and Salvage Warehouse | 8 | | Store Act is amended by changing Section 10 as follows:
| 9 | | (240 ILCS 30/10) (from Ch. 114, par. 410)
| 10 | | Sec. 10.
The Department, at its expense, shall provide a | 11 | | stenographer
to take down the testimony and preserve a record | 12 | | of all proceedings at
the hearing of any case involving the | 13 | | refusal to issue or renew, or the
suspension or revocation of a | 14 | | license. The notice of hearing, complaint
and all other | 15 | | documents in the nature of pleadings and written motions
filed | 16 | | in the proceedings, the transcript of testimony, and orders of | 17 | | the
Department shall be the record of such proceedings. Any | 18 | | interested person
may purchase a copy of the transcript of the | 19 | | record from the certified shorthand
reporter or certified voice | 20 | | writer reporter who prepared the record.
| 21 | | In any case involving the refusal to issue or renew or the | 22 | | suspension
or revocation of a license, a copy of the | 23 | | Department's report shall be
served upon the respondent by the | 24 | | Department, either personally or by
registered or certified |
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| 1 | | mail as provided in this Act for the service of
the notice of | 2 | | hearing. Within 20 days after such service, the respondent
may | 3 | | present to the Department a motion in writing for a rehearing, | 4 | | which
written motion shall specify the particular grounds | 5 | | therefor. If no
motion for rehearing is filed, then upon the | 6 | | expiration of the time
specified for filing such a motion, or | 7 | | if a motion for rehearing is
denied, then upon such denial, the | 8 | | Director may enter an order. If the
respondent shall order and | 9 | | pay for a transcript of the record within the
time for filing a | 10 | | motion for rehearing, the 20 day period within which
such a | 11 | | motion may be filed shall commence upon the delivery of the
| 12 | | transcript to the respondent.
| 13 | | (Source: P.A. 81-750.)
| 14 | | Section 70. The Unified Code of Corrections is amended by | 15 | | changing Section 5-5-5 as follows:
| 16 | | (730 ILCS 5/5-5-5) (from Ch. 38, par. 1005-5-5)
| 17 | | Sec. 5-5-5. Loss and restoration of rights.
| 18 | | (a) Conviction and disposition shall not entail the loss by | 19 | | the
defendant of any civil rights, except under this Section | 20 | | and Sections 29-6
and 29-10 of The Election Code, as now or | 21 | | hereafter amended.
| 22 | | (b) A person convicted of a felony shall be ineligible to | 23 | | hold an office
created by the Constitution of this State until | 24 | | the completion of his sentence.
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| 1 | | (c) A person sentenced to imprisonment shall lose his right | 2 | | to vote
until released from imprisonment.
| 3 | | (d) On completion of sentence of imprisonment or upon | 4 | | discharge from
probation, conditional discharge or periodic | 5 | | imprisonment, or at any time
thereafter, all license rights and | 6 | | privileges
granted under the authority of this State which have | 7 | | been revoked or
suspended because of conviction of an offense | 8 | | shall be restored unless the
authority having jurisdiction of | 9 | | such license rights finds after
investigation and hearing that | 10 | | restoration is not in the public interest.
This paragraph (d) | 11 | | shall not apply to the suspension or revocation of a
license to | 12 | | operate a motor vehicle under the Illinois Vehicle Code.
| 13 | | (e) Upon a person's discharge from incarceration or parole, | 14 | | or upon a
person's discharge from probation or at any time | 15 | | thereafter, the committing
court may enter an order certifying | 16 | | that the sentence has been
satisfactorily completed when the | 17 | | court believes it would assist in the
rehabilitation of the | 18 | | person and be consistent with the public welfare.
Such order | 19 | | may be entered upon the motion of the defendant or the State or
| 20 | | upon the court's own motion.
| 21 | | (f) Upon entry of the order, the court shall issue to the | 22 | | person in
whose favor the order has been entered a certificate | 23 | | stating that his
behavior after conviction has warranted the | 24 | | issuance of the order.
| 25 | | (g) This Section shall not affect the right of a defendant | 26 | | to
collaterally attack his conviction or to rely on it in bar |
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| 1 | | of subsequent
proceedings for the same offense.
| 2 | | (h) No application for any license specified in subsection | 3 | | (i) of this
Section granted under the
authority of this State | 4 | | shall be denied by reason of an eligible offender who
has | 5 | | obtained a certificate of relief from disabilities, as
defined | 6 | | in Article 5.5 of this Chapter, having been previously | 7 | | convicted of one
or more
criminal offenses, or by reason of a | 8 | | finding of lack of "good moral
character" when the finding is | 9 | | based upon the fact that the applicant has
previously been | 10 | | convicted of one or more criminal offenses, unless:
| 11 | | (1) there is a direct relationship between one or more | 12 | | of the previous
criminal offenses and the specific license | 13 | | sought; or
| 14 | | (2) the issuance of the license would
involve an | 15 | | unreasonable risk to property or to the safety or welfare | 16 | | of
specific individuals or the general public.
| 17 | | In making such a determination, the licensing agency shall | 18 | | consider the
following factors:
| 19 | | (1) the public policy of this State, as expressed in | 20 | | Article 5.5 of this
Chapter, to encourage the licensure and | 21 | | employment of persons previously
convicted of one or more | 22 | | criminal offenses;
| 23 | | (2) the specific duties and responsibilities | 24 | | necessarily related to the
license being sought;
| 25 | | (3) the bearing, if any, the criminal offenses or | 26 | | offenses for which the
person
was previously convicted will |
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| 1 | | have on his or her fitness or ability to perform
one or
| 2 | | more such duties and responsibilities;
| 3 | | (4) the time which has elapsed since the occurrence of | 4 | | the criminal
offense or offenses;
| 5 | | (5) the age of the person at the time of occurrence of | 6 | | the criminal
offense or offenses;
| 7 | | (6) the seriousness of the offense or offenses;
| 8 | | (7) any information produced by the person or produced | 9 | | on his or her
behalf in
regard to his or her rehabilitation | 10 | | and good conduct, including a certificate
of relief from | 11 | | disabilities issued to the applicant, which certificate | 12 | | shall
create a presumption of rehabilitation in regard to | 13 | | the offense or offenses
specified in the certificate; and
| 14 | | (8) the legitimate interest of the licensing agency in | 15 | | protecting
property, and
the safety and welfare of specific | 16 | | individuals or the general public.
| 17 | | (i) A certificate of relief from disabilities shall be | 18 | | issued only
for a
license or certification issued under the | 19 | | following Acts:
| 20 | | (1) the Animal Welfare Act; except that a certificate | 21 | | of relief from
disabilities may not be granted
to provide | 22 | | for
the
issuance or restoration of a license under the | 23 | | Animal Welfare Act for any
person convicted of violating | 24 | | Section 3, 3.01, 3.02, 3.03, 3.03-1, or 4.01 of
the Humane | 25 | | Care for Animals Act or Section 26-5 or 48-1 of the | 26 | | Criminal Code of
1961 or the Criminal Code of 2012;
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| 1 | | (2) the Illinois Athletic Trainers Practice Act;
| 2 | | (3) the Barber, Cosmetology, Esthetics, Hair Braiding, | 3 | | and Nail Technology Act of 1985;
| 4 | | (4) the Boiler and Pressure Vessel Repairer Regulation | 5 | | Act;
| 6 | | (5) the Boxing and Full-contact Martial Arts Act;
| 7 | | (6) the Illinois Certified Shorthand Reporters and | 8 | | Voice Writer Reporters Act of 1984 ;
| 9 | | (7) the Illinois Farm Labor Contractor Certification | 10 | | Act;
| 11 | | (8) the Registered Interior Designers Act;
| 12 | | (9) the Illinois Professional Land Surveyor Act of | 13 | | 1989;
| 14 | | (10) the Illinois Landscape Architecture Act of 1989;
| 15 | | (11) the Marriage and Family Therapy Licensing Act;
| 16 | | (12) the Private Employment Agency Act;
| 17 | | (13) the Professional Counselor and Clinical | 18 | | Professional Counselor
Licensing and Practice
Act;
| 19 | | (14) the Real Estate License Act of 2000;
| 20 | | (15) the Illinois Roofing Industry Licensing Act; | 21 | | (16) the Professional Engineering Practice Act of | 22 | | 1989; | 23 | | (17) the Water Well and Pump Installation Contractor's | 24 | | License Act; | 25 | | (18) the Electrologist Licensing Act;
| 26 | | (19) the Auction License Act; |
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| 1 | | (20) the Illinois Architecture Practice Act of 1989; | 2 | | (21) the Dietitian Nutritionist Practice Act; | 3 | | (22) the Environmental Health Practitioner Licensing | 4 | | Act; | 5 | | (23) the Funeral Directors and Embalmers Licensing | 6 | | Code; | 7 | | (24) (blank); | 8 | | (25) the Professional Geologist Licensing Act; | 9 | | (26) the Illinois Public Accounting Act; and | 10 | | (27) the Structural Engineering Practice Act of 1989.
| 11 | | (Source: P.A. 100-534, eff. 9-22-17; 100-920, eff. 8-17-18.)
| 12 | | Section 75. The Code of Civil Procedure is amended by | 13 | | changing Section 2-1003 as follows:
| 14 | | (735 ILCS 5/2-1003) (from Ch. 110, par. 2-1003)
| 15 | | Sec. 2-1003. Discovery and depositions. | 16 | | (a) Discovery, such as admissions of
fact and of | 17 | | genuineness of documents, physical and mental examinations of | 18 | | parties and other persons, the taking of any depositions, and | 19 | | interrogatories,
shall be in accordance with rules.
| 20 | | (b) (Blank).
| 21 | | (c) (Blank).
| 22 | | (d) Whenever the defendant in any litigation in this State | 23 | | has the right
to demand a physical or mental examination of the | 24 | | plaintiff pursuant to
statute or Supreme Court Rule, relative |
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| 1 | | to the occurrence and extent of
injuries or damages for which | 2 | | claim is made, or in connection with the
plaintiff's capacity | 3 | | to exercise any right plaintiff has, or would have
but for a | 4 | | finding based upon such examination, the plaintiff has the
| 5 | | right to have his or her attorney, or such other person as the | 6 | | plaintiff
may wish, present at such physical or mental | 7 | | examination.
| 8 | | (e) No person or organization shall be required to furnish | 9 | | claims,
loss or risk management information held or provided by | 10 | | an insurer, which
information is described in Section 143.10a | 11 | | of the " Illinois Insurance Code " .
| 12 | | (f) Unless a verbatim record of the testimony or deposition | 13 | | is prepared and certified by an individual certified under the | 14 | | Illinois Certified Shorthand Reporters and Voice Writer | 15 | | Reporters Act, no testimony taken in any litigation in this | 16 | | State by deposition shall be offered in any court in this State | 17 | | and no testimony offered in the record of administrative | 18 | | proceedings in an appeal under the Administrative Review Law | 19 | | shall be offered as part of the administrative record. | 20 | | Testimony taken outside of this State shall be deemed to be in | 21 | | conformity with this Section if the testimony was prepared and | 22 | | certified by a court reporter authorized to prepare and certify | 23 | | deposition testimony in the jurisdiction in which the testimony | 24 | | was taken. | 25 | | (Source: P.A. 99-110, eff. 1-1-16 .)
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| 1 | | Section 80. The Illinois Pre-Need Cemetery Sales Act is | 2 | | amended by changing Sections 9 and 11 as follows:
| 3 | | (815 ILCS 390/9) (from Ch. 21, par. 209)
| 4 | | Sec. 9.
The Comptroller may upon his own motion investigate | 5 | | the actions
of any person providing, selling, or offering | 6 | | pre-need sales contracts
or of any applicant
or any person or | 7 | | persons holding or claiming to hold
a license under this Act. | 8 | | The Comptroller shall make such an investigation
on receipt of | 9 | | the verified written complaint of any person setting forth
| 10 | | facts which, if proved, would constitute grounds for refusal, | 11 | | suspension,
or revocation of a license.
Before refusing to | 12 | | issue, and before suspension or revocation of a license,
the | 13 | | Comptroller shall hold a hearing to determine whether the | 14 | | applicant or
licensee,
hereafter called the respondent, is | 15 | | entitled to hold
such a license. At
least 10 days prior to the | 16 | | date set for such hearing, the Comptroller shall
notify the | 17 | | respondent in writing that on the date designated a hearing
| 18 | | will be held to determine his eligibility for a license and | 19 | | that he may
appear in person or by counsel. Such written notice | 20 | | may be served on the
respondent personally, or by registered or | 21 | | certified mail sent to the
respondent's
business address as | 22 | | shown in his latest notification to the Comptroller and
shall | 23 | | include sufficient information to inform the respondent of the | 24 | | general
nature of the charge. At the hearing, both the | 25 | | respondent and the complainant
shall be accorded ample |
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| 1 | | opportunity to present in person or by counsel such
statements, | 2 | | testimony, evidence and argument as may be pertinent to the
| 3 | | charges or to any defense thereto. The Comptroller may | 4 | | reasonably continue
such hearing from time to time.
| 5 | | The Comptroller may subpoena any person or persons in this | 6 | | State and take
testimony orally, by deposition or by exhibit, | 7 | | in the same manner and with
the same fees and mileage as | 8 | | prescribed in judicial proceedings in civil cases.
| 9 | | Any authorized agent of the Comptroller may administer | 10 | | oaths to witnesses
at any hearing which the Comptroller is | 11 | | authorized to conduct.
| 12 | | The Comptroller, at his expense, shall provide a certified | 13 | | shorthand reporter or certified voice writer reporter
to take | 14 | | down the testimony and preserve a record of all proceedings at | 15 | | the
hearing of any case involving the refusal to issue a | 16 | | license, the suspension
or revocation of a license, the | 17 | | imposition of a monetary penalty, or the
referral
of a case for | 18 | | criminal prosecution. The record of any such proceeding shall
| 19 | | consist of the notice of hearing, complaint, all other | 20 | | documents in the
nature of pleadings and written motions filed | 21 | | in the proceedings, the
transcript
of testimony and the report | 22 | | and orders of the Comptroller. Copies of the
transcript of such | 23 | | record may be purchased from the certified shorthand
reporter | 24 | | or certified voice writer reporter
who prepared the record or | 25 | | from the Comptroller.
| 26 | | (Source: P.A. 92-419, eff. 1-1-02.)
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| 1 | | (815 ILCS 390/11) (from Ch. 21, par. 211)
| 2 | | Sec. 11.
Any person affected by a final administrative | 3 | | decision of the
Comptroller may have such decision reviewed | 4 | | judicially by the circuit court
of the county where such person | 5 | | resides, or in the case of a corporation,
where the registered | 6 | | office is located. If the plaintiff in the review
proceeding is | 7 | | not a resident of this State, venue shall be in Sangamon | 8 | | County. The
provisions of the "Administrative Review Law", | 9 | | approved August 19, 1981,
all amendments and modifications | 10 | | thereto, and any rules adopted under it
govern all proceedings | 11 | | for the judicial review of final administrative
decisions of | 12 | | the Comptroller. The term "administrative decision" is defined
| 13 | | as in the "Administrative Review Law".
| 14 | | The Comptroller is not required to certify the record of | 15 | | the proceeding
unless the plaintiff in the review proceedings | 16 | | has purchased a copy of the
transcript from the certified | 17 | | shorthand reporter or certified voice writer reporter who | 18 | | prepared the record or
from the Comptroller. Exhibits shall be | 19 | | certified without cost.
| 20 | | (Source: P.A. 84-239.)
| 21 | | Section 95. No acceleration or delay. Where this Act makes | 22 | | changes in a statute that is represented in this Act by text | 23 | | that is not yet or no longer in effect (for example, a Section | 24 | | represented by multiple versions), the use of that text does |
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| 1 | | not accelerate or delay the taking effect of (i) the changes | 2 | | made by this Act or (ii) provisions derived from any other | 3 | | Public Act.".
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