Full Text of SB0654 101st General Assembly
SB0654enr 101ST GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Regulatory Sunset Act is amended by changing | 5 | | Section 4.30 and by adding Section 4.40 as follows: | 6 | | (5 ILCS 80/4.30) | 7 | | Sec. 4.30. Acts repealed on January 1, 2020. The following | 8 | | Acts are repealed on January 1, 2020: | 9 | | The Auction License Act. | 10 | | The Community Association Manager Licensing and | 11 | | Disciplinary Act. | 12 | | The Illinois Architecture Practice Act of 1989. | 13 | | The Illinois Landscape Architecture Act of 1989. | 14 | | The Illinois Professional Land Surveyor Act of 1989. | 15 | | The Orthotics, Prosthetics, and Pedorthics Practice Act. | 16 | | The Perfusionist Practice Act.
| 17 | | The Pharmacy Practice Act. | 18 | | The Professional Engineering Practice Act of 1989. | 19 | | The Real Estate License Act of 2000. | 20 | | The Structural Engineering Practice Act of 1989. | 21 | | (Source: P.A. 100-497, eff. 9-8-17; 100-534, eff. 9-22-17; | 22 | | 100-863, eff. 8-14-18.) |
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| 1 | | (5 ILCS 80/4.40 new) | 2 | | Sec. 4.40. Act repealed on January 1, 2030. The following | 3 | | Act is repealed on January 1, 2030: | 4 | | The Professional Engineering Practice Act of 1989. | 5 | | Section 10. The Professional Engineering Practice Act of | 6 | | 1989 is amended by changing Sections 3, 4, 5, 6, 7, 8, 9, 10, | 7 | | 11, 12, 14, 15, 16, 17, 17.5, 18, 19, 20, 23, 24, 25, 26, 27, | 8 | | 27.5, 29, 32, 33, 34, 37, 41, 44, 45, 47, and 48 and by adding | 9 | | Sections 4.5, 20.5, 20.10, and 31.5 as follows:
| 10 | | (225 ILCS 325/3) (from Ch. 111, par. 5203)
| 11 | | (Section scheduled to be repealed on January 1, 2020)
| 12 | | Sec. 3. Application of the Act; exemptions Exemptions .
| 13 | | (a) Nothing in this Act shall be construed to prevent the | 14 | | practice of
structural engineering as defined in the Structural
| 15 | | Engineering Practice Act of 1989 or the practice of
| 16 | | architecture
as defined in the Illinois Architecture Practice | 17 | | Act of 1989 or the
regular and customary practice of | 18 | | construction contracting and construction
management as | 19 | | performed by construction contractors.
| 20 | | (b) Nothing in this Act shall be construed to prevent the | 21 | | regular and customary practice of a private alarm contractor | 22 | | licensed pursuant to the Private Detective, Private Alarm, | 23 | | Private Security, Fingerprint Vendor, and Locksmith Act of | 24 | | 2004. |
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| 1 | | (c) Nothing in this Act shall be construed to prevent a | 2 | | fire sprinkler contractor licensed under the Fire Sprinkler | 3 | | Contractor Licensing Act from providing fire protection system | 4 | | layout documents. For the purpose of this subsection (c), "fire | 5 | | protection system layout documents" means layout drawings, | 6 | | catalog information on standard products, and other | 7 | | construction data that provide detail on the location of | 8 | | risers, cross mains, branch lines, sprinklers, piping per | 9 | | applicable standard, and hanger locations. Fire protection | 10 | | system layout documents serve as a guide for fabrication and | 11 | | installation of a fire sprinkler system. | 12 | | (d) A building permit for a building that requires a fire | 13 | | suppression system shall not be issued without the submission | 14 | | of a technical submission prepared and sealed by a licensed | 15 | | design professional. Fire protection system layout documents | 16 | | do not require an engineering seal if prepared by a technician | 17 | | who holds a valid NICET level 3 or 4 certification in fire | 18 | | protection technology, automatic sprinkler system layout. An | 19 | | authority having jurisdiction may not accept fire protection | 20 | | system layout documents in lieu of technical submissions. Fire | 21 | | protection system layout documents may be submitted as | 22 | | supporting documents to supplement technical submissions. | 23 | | However, in the event the fire protection system layout | 24 | | documents materially alter the technical submissions, the | 25 | | authority having jurisdiction shall return both the fire | 26 | | protection layout documents and technical submissions to the |
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| 1 | | licensed design professional for review. | 2 | | (e) Nothing in this Act shall prevent:
| 3 | | (1) Employees, including project representatives, of | 4 | | professional
engineers lawfully practicing as sole owners, | 5 | | partnerships or
corporations under this Act, from acting | 6 | | under the direct supervision of
their employers.
| 7 | | (2) The employment of owner's representatives by the | 8 | | owner during the
constructing, adding to, or altering of a | 9 | | project, or any parts thereof,
provided that such owner's | 10 | | representative shall not have the authority
to deviate from | 11 | | the technical submissions without the prior approval of
the | 12 | | professional engineer for the project.
| 13 | | (3) The practice of officers and employees of the | 14 | | Government of the
United States while engaged within this | 15 | | State in the practice of the
profession of engineering for | 16 | | the Government.
| 17 | | (4) Services performed by employees of a business | 18 | | organization engaged
in utility, telecommunications, | 19 | | industrial, or manufacturing operations, or by employees | 20 | | of
laboratory research affiliates of such business | 21 | | organization that which are
rendered in connection with the | 22 | | fabrication or production, sale, and
installation of | 23 | | products, systems, or nonengineering services of the
| 24 | | business organization or its affiliates.
| 25 | | (5) Inspection, maintenance and service work done by | 26 | | employees of the
State of Illinois, any political |
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| 1 | | subdivision thereof or any
municipality.
| 2 | | (6) The activities performed by those ordinarily | 3 | | designated as chief
engineer of plant operation, chief | 4 | | operating engineer, locomotive,
stationary, marine, power | 5 | | plant or hoisting and portable engineers,
electrical | 6 | | maintenance or service engineers, personnel employed in
| 7 | | connection with construction, operation or maintenance of | 8 | | street
lighting, traffic control signals, police and fire | 9 | | alarm systems,
waterworks, steam, electric, and sewage | 10 | | treatment and disposal plants,
or the services ordinarily | 11 | | performed by any worker regularly employed as
a locomotive, | 12 | | stationary, marine, power plant, or hoisting and portable
| 13 | | engineer or electrical maintenance or service engineer for | 14 | | any
corporation, contractor or employer.
| 15 | | (7) The activities performed by a person ordinarily | 16 | | designated as
a supervising engineer or supervising | 17 | | electrical maintenance or service
engineer who supervises | 18 | | the operation of, or who operates, machinery or
equipment, | 19 | | or who supervises construction or the installation of
| 20 | | equipment within a plant that which is under such person's | 21 | | immediate
supervision.
| 22 | | (8) The services, for private use, of contractors or | 23 | | owners in the
construction of engineering works or the | 24 | | installation of equipment.
| 25 | | (f) No officer, board, commission, or other public entity | 26 | | charged with
the enforcement of codes and ordinances involving |
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| 1 | | a professional
engineering project shall accept for filing or | 2 | | approval any technical
submissions that do not bear the seal | 3 | | and signature of a professional
engineer licensed under this | 4 | | Act.
| 5 | | (Source: P.A. 96-626, eff. 8-24-09.)
| 6 | | (225 ILCS 325/4) (from Ch. 111, par. 5204)
| 7 | | (Section scheduled to be repealed on January 1, 2020)
| 8 | | Sec. 4. Definitions. As used in this Act:
| 9 | | (a) "Address of record" means the designated address | 10 | | recorded by the Department in the applicant's or licensee's | 11 | | application file or license file maintained by the Department's | 12 | | licensure maintenance unit. It is the duty of the applicant or | 13 | | licensee to inform the Department of any change of address, and | 14 | | such changes must be made either through the Department's | 15 | | website or by directly contacting the Department. | 16 | | (a-5) "Approved engineering curriculum" means
an | 17 | | engineering curriculum or program
of 4 academic years or more | 18 | | that which meets the standards established by the
rules of the | 19 | | Department.
| 20 | | (b) "Board" means the State Board of Professional Engineers | 21 | | of the
Department.
| 22 | | (c) "Department" means the Department of Financial and | 23 | | Professional Regulation.
| 24 | | (d) "Design professional" means an architect, structural | 25 | | engineer , or
professional engineer practicing in conformance |
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| 1 | | with the Illinois
Architecture Practice Act of 1989, the | 2 | | Structural
Engineering Practice Act of 1989 or the
Professional | 3 | | Engineering Practice Act of 1989.
| 4 | | (e) (Blank).
| 5 | | (f) "Direct supervision/responsible charge" means work
| 6 | | prepared under the control of a licensed professional engineer | 7 | | or that
work as to which that professional engineer has | 8 | | detailed professional
knowledge. The Department may further | 9 | | define this term by rule.
| 10 | | (f-5) "Email address of record" means the designated email | 11 | | address of record by the Department in the applicant's | 12 | | application file or the licensee's license file as maintained | 13 | | by the Department's licensure maintenance unit. | 14 | | (g) "Engineering college" means a school, college, | 15 | | university,
department of a university or other educational | 16 | | institution, reputable
and in good standing in accordance with | 17 | | rules prescribed by the
Department, and which grants | 18 | | baccalaureate degrees in engineering.
| 19 | | (h) "Engineering system or facility" means a system or | 20 | | facility whose
design is based upon the application of the | 21 | | principles of science for
the purpose of modification of | 22 | | natural states of being.
| 23 | | (i) "Engineer intern" means a person who is a candidate for
| 24 | | licensure as a professional engineer and who has been enrolled | 25 | | as an
engineer intern.
| 26 | | (j) "Enrollment" means an action by the Department to |
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| 1 | | record those
individuals who have met the Department's | 2 | | requirements for an engineer
intern.
| 3 | | (k) "License" means an official document issued by the | 4 | | Department to
an individual, a corporation, a partnership, a | 5 | | professional
service corporation, a limited liability company, | 6 | | or a sole proprietorship,
signifying authority to
practice.
| 7 | | (l) "Negligence in the practice of professional | 8 | | engineering" means the
failure to exercise that degree of | 9 | | reasonable professional skill, judgment
and diligence normally | 10 | | rendered by professional engineers in the
practice of | 11 | | professional engineering.
| 12 | | (m) "Professional engineer" means a person licensed under | 13 | | the laws
of the State of Illinois to practice professional | 14 | | engineering.
| 15 | | (n) "Professional engineering" means the application of | 16 | | science to the
design of engineering systems and facilities | 17 | | using the knowledge,
skills, ability and professional judgment | 18 | | developed through professional
engineering education, training | 19 | | and experience.
| 20 | | (o) "Professional engineering practice" means the | 21 | | consultation on,
conception, investigation, evaluation, | 22 | | planning, and design of, and
selection of materials to be used | 23 | | in, administration of
construction contracts for, or site | 24 | | observation of,
an engineering system
or facility, where such | 25 | | consultation, conception, investigation,
evaluation, planning, | 26 | | design, selection, administration, or observation
requires |
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| 1 | | extensive knowledge of engineering laws, formulae, materials,
| 2 | | practice, and construction methods. A person shall be construed | 3 | | to
practice or offer to practice professional engineering, | 4 | | within the
meaning and intent of this Act, who practices, or | 5 | | who, by verbal claim,
sign, advertisement, letterhead, card, or | 6 | | any other way, is represented
to be a professional engineer, or | 7 | | through the use of the initials "P.E."
or the title "engineer" | 8 | | or any of its derivations or some other title
implies licensure | 9 | | as a professional engineer, or holds himself or herself out as | 10 | | able to
perform any service which is recognized as professional | 11 | | engineering
practice.
| 12 | | Examples of the practice of professional engineering | 13 | | include, but are not need
not be limited to, transportation | 14 | | facilities and publicly owned
utilities for a region or | 15 | | community,
railroads, railways, highways, subways, canals, | 16 | | harbors, river
improvements; land development; stormwater | 17 | | detention, retention, and conveyance, excluding structures | 18 | | defined under Section 5 of the Structural Engineering Practice | 19 | | Act of 1989 (225 ILCS 340/5) ; irrigation works; aircraft and | 20 | | airports; traffic engineering;
waterworks, piping systems, | 21 | | sewers, sewage disposal
works, storm sewer, sanitary sewer and | 22 | | water system modeling; plants for the generation of
power; | 23 | | devices for the utilization of power; boilers; refrigeration
| 24 | | plants, air conditioning systems and plants; heating systems | 25 | | and plants;
plants for the transmission or distribution of | 26 | | power; electrical plants
which produce, transmit, distribute, |
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| 1 | | or utilize electrical energy; works
for the extraction of | 2 | | minerals from the earth; plants for the refining,
alloying or | 3 | | treating of metals; chemical works and industrial plants
| 4 | | involving the use of chemicals and chemical processes; plants | 5 | | for the
production, conversion, or utilization of nuclear, | 6 | | chemical, or radiant
energy; forensic engineering, | 7 | | geotechnical engineering including,
subsurface investigations; | 8 | | soil and rock classification, geology and geohydrology,
| 9 | | incidental to the practice of professional engineering; | 10 | | geohydrological investigations, migration pathway analysis | 11 | | (including evaluation of building and site elements), soil and | 12 | | groundwater management zone analysis and design; energy
| 13 | | analysis, environmental risk assessments, corrective action | 14 | | plans, design, remediation, protection plans and systems, | 15 | | hazardous waste mitigation and control, and environmental | 16 | | control or remediation systems;
recognition, measurement, | 17 | | evaluation and control of environmental systems and
emissions; | 18 | | control systems, evaluation and design of engineered barriers, | 19 | | excluding structures defined under Section 5 of the Structural | 20 | | Engineering Practice Act of 1989 (225 ILCS 340/5) ; modeling of | 21 | | pollutants in water, soil, and air; engineering surveys of | 22 | | sites, facilities, and topography specific to a design project, | 23 | | not including land boundary establishment; automated building | 24 | | management systems; control or remediation systems; computer | 25 | | controlled or integrated systems; automatic fire notification | 26 | | and suppression systems; investigation and assessment of |
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| 1 | | indoor air inhalation exposures and design of abatement and | 2 | | remediation systems;
or the provision of professional | 3 | | engineering site observation of the
construction of works and | 4 | | engineering systems. In the performance of any of the foregoing | 5 | | functions, a licensee shall adhere to the standards of | 6 | | professional conduct enumerated in 68 Ill. Adm. Code 1380.300. | 7 | | Nothing contained in
this Section imposes upon a person | 8 | | licensed under this Act the
responsibility for the performance | 9 | | of any of the foregoing functions
unless such person | 10 | | specifically contracts to provide it. Nothing in this Section | 11 | | shall preclude an employee from acting under the direct | 12 | | supervision or responsible charge of a licensed professional | 13 | | engineer.
| 14 | | (p) "Project representative" means the professional | 15 | | engineer's
representative at the project site who assists in | 16 | | the administration of
the construction contract.
| 17 | | (q) "Registered" means the same as "licensed" for purposes | 18 | | of this Act.
| 19 | | (r) "Related science curriculum" means a 4-year 4 year | 20 | | program of study, the
satisfactory completion of which results | 21 | | in a Bachelor of Science
degree, and which contains courses | 22 | | from such areas as life, earth,
engineering and computer | 23 | | sciences, including , but not limited to, physics
and chemistry. | 24 | | In the study of these sciences, the objective is to
acquire | 25 | | fundamental knowledge about the nature of its phenomena,
| 26 | | including quantitative expression, appropriate to particular |
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| 1 | | fields of
engineering.
| 2 | | (s) "Rules" means the those rules adopted promulgated | 3 | | pursuant to this Act.
| 4 | | (t) "Seal" means the seal in compliance with Section 14 of | 5 | | this Act.
| 6 | | (t-5) "Secretary" means the Secretary of the Department of | 7 | | Financial and Professional Regulation. | 8 | | (u) "Site observation" means is visitation of the | 9 | | construction site for the
purpose of reviewing, as available, | 10 | | the quality and conformance of the
work to the technical | 11 | | submissions as they relate to design.
| 12 | | (v) "Support design professional" means a professional | 13 | | engineer
practicing in conformance with the Professional | 14 | | Engineering Practice Act
of 1989, who provides services to the | 15 | | design professional who has
contract responsibility.
| 16 | | (w) "Technical submissions" are the designs, drawings, and | 17 | | specifications
which establish the scope and standard of | 18 | | quality for materials, workmanship,
equipment, and systems. | 19 | | "Technical submissions" also includes, but are not limited to, | 20 | | studies, analyses, calculations, and other technical
reports | 21 | | prepared in the course of the practice of professional | 22 | | engineering or under the direct supervision and responsible | 23 | | charge of a licensed professional engineer.
| 24 | | (Source: P.A. 96-626, eff. 8-24-09.)
| 25 | | (225 ILCS 325/4.5 new) |
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| 1 | | Sec. 4.5. Address of record; email address of record. All | 2 | | applicants and licensees shall: | 3 | | (1) provide a valid address and email address to the | 4 | | Department, which shall serve as the address of record and | 5 | | email address of record, respectively, at the time of | 6 | | application for licensure or renewal of a license; and | 7 | | (2) inform the Department of any change of address of | 8 | | record or email address of record within 14 days after such | 9 | | change either through the Department's website or by | 10 | | contacting the Department's licensure maintenance unit.
| 11 | | (225 ILCS 325/5) (from Ch. 111, par. 5205)
| 12 | | (Section scheduled to be repealed on January 1, 2020)
| 13 | | Sec. 5. Powers and duties of the Department. The Subject to | 14 | | the
provisions of this Act, the Department shall exercise , | 15 | | subject to the provisions of this Act, the following
functions, | 16 | | powers , and duties:
| 17 | | (a) Authorize examinations to ascertain the fitness | 18 | | and qualifications of applicants for licensure and pass | 19 | | upon the qualifications and fitness of applicants for | 20 | | licensure by endorsement. To pass upon the qualifications | 21 | | and conduct examinations of
applicants for licensure as | 22 | | professional engineers or enrollment as
engineer interns | 23 | | and pass upon the qualifications of applicants by
| 24 | | endorsement and issue a license or enrollment to those who | 25 | | are found to
be fit and qualified.
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| 1 | | (b) Adopt rules required for the administration of this | 2 | | Act. To prescribe rules for the method, conduct and grading | 3 | | of the
examination of applicants.
| 4 | | (c) Conduct hearings on proceedings to refuse to issue | 5 | | or renew, restore, revoke, or suspend licenses or place on | 6 | | probation or reprimand persons or entities licensed under | 7 | | the provisions of this Act. To register corporations, | 8 | | partnerships, professional service
corporations,
limited | 9 | | liability companies, and sole proprietorships
for the | 10 | | practice of
professional engineering and issue a | 11 | | certificate of registration to those who qualify.
| 12 | | (d) Issue licenses to those who meet the requirements | 13 | | of this Act. To conduct investigations and
hearings | 14 | | regarding violations of this Act and take
disciplinary or | 15 | | other actions as provided in this Act as a result of the
| 16 | | proceedings.
| 17 | | (e) Adopt To prescribe rules as to what shall | 18 | | constitute a an professional engineering or
related | 19 | | science curriculum and to determine if a specific | 20 | | engineering
curriculum is in compliance with the rules, and | 21 | | to terminate the
approval of a specific engineering | 22 | | curriculum for non-compliance with
such rules .
| 23 | | (f) Adopt rules for what constitutes professional | 24 | | engineering experience. To promulgate rules required for | 25 | | the administration of this Act,
including rules of | 26 | | professional conduct.
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| 1 | | (g) Maintain To maintain membership in the National | 2 | | Council of
Examiners for Engineering and Surveying
and | 3 | | participate in activities of the Council by designation of
| 4 | | individuals for the various classifications of membership, | 5 | | the
appointment of delegates for attendance at zone and | 6 | | national meetings of
the Council, and the funding of the | 7 | | delegates for attendance at the
meetings of the Council.
| 8 | | (h) Adopt rules for standards of professional conduct. | 9 | | (i) Obtain To obtain written recommendations from the | 10 | | Board regarding
qualifications of individuals for | 11 | | licensure and enrollment, definitions
of curriculum | 12 | | content and approval of engineering curricula, standards
| 13 | | of professional conduct and formal disciplinary actions, | 14 | | and the adoption
promulgation of the rules affecting these | 15 | | matters.
| 16 | | Upon the issuance of any final decision or order that | 17 | | deviates from any report or recommendation of the Board | 18 | | relating to the qualification of applicants, discipline of | 19 | | licensees or registrants, or adoption of rules, the | 20 | | Secretary shall notify the Board on any such deviation and | 21 | | shall specify with particularity the reasons for the action | 22 | | in the final decision or order. Prior to issuance of any | 23 | | final decision or order that deviates from
any report or | 24 | | recommendations of the Board relating to the qualification
| 25 | | of applicants, discipline of licensees or registrants, or | 26 | | promulgation of
rules, the Secretary shall notify the Board |
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| 1 | | in writing with an explanation of
any such deviation. The | 2 | | Department may at any
time seek the expert advice and | 3 | | knowledge of the Board on any matter relating
to the | 4 | | enforcement of this Act.
| 5 | | (i) Post To post on the Department's website, a
| 6 | | newsletter describing the most recent changes in this Act | 7 | | and the
rules adopted under this Act and containing | 8 | | information of any final
disciplinary action that has been | 9 | | ordered under this Act since the date of the
last | 10 | | newsletter.
| 11 | | (j) Review To review such applicant qualifications to | 12 | | sit for the examination or for licensure as the Board | 13 | | designates pursuant to Section 7 of this Act.
| 14 | | (k) Conduct investigations related to possible | 15 | | violations of this Act. | 16 | | (Source: P.A. 96-626, eff. 8-24-09.)
| 17 | | (225 ILCS 325/6) (from Ch. 111, par. 5206)
| 18 | | (Section scheduled to be repealed on January 1, 2020)
| 19 | | Sec. 6. Board. Composition, qualifications and terms of the | 20 | | Board. | 21 | | (a) The Secretary shall appoint a Professional Engineering | 22 | | Board. The Board shall consist of 10 members who shall serve in | 23 | | an advisory capacity to the Secretary. All shall be residents | 24 | | of Illinois. 9 members shall (i) currently hold a valid | 25 | | professional engineering license in Illinois and shall have |
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| 1 | | held the license under this Act for the previous 10-year period | 2 | | and (ii) have not been disciplined within the last 10-year | 3 | | period under this Act. In addition to the 9 professional | 4 | | engineers, there shall be one public member. The public member | 5 | | shall be a voting member and shall not be licensed under this | 6 | | Act or any other design profession licensing Act that the | 7 | | Department administers.
| 8 | | (b) Board members shall serve 5-year terms and until their | 9 | | successors are appointed and qualified. | 10 | | (c) In appointing members to the Board, the Secretary shall | 11 | | give due consideration to recommendations by members and | 12 | | organizations of the professional engineering profession. | 13 | | (d) The membership of the Board should reasonably reflect | 14 | | representation from the geographic areas in this State. | 15 | | (e) No member shall be reappointed to the Board for a term | 16 | | which would cause his or her continuous service on the Board to | 17 | | be longer than 2 consecutive 5-year terms. | 18 | | (f) Appointments to fill vacancies shall be made in the | 19 | | same manner as original appointments for the unexpired portion | 20 | | of the vacated term. | 21 | | (g) Six members shall constitute a quorum. A quorum is | 22 | | required for Board decisions. | 23 | | (h) The Secretary may remove any member of the Board for | 24 | | misconduct, incompetence, or neglect of duty or for reasons | 25 | | prescribed by law for removal of State officials. The Secretary | 26 | | may remove a member of the Board who does not attend 2 |
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| 1 | | consecutive meetings. | 2 | | (i) Notice of proposed rulemaking shall be transmitted to | 3 | | the Board, and the Department shall review the response of the | 4 | | Board and any recommendations made therein. | 5 | | (j) Members of the Board shall not be liable for damages in | 6 | | any action or proceeding as a result of activities performed as | 7 | | members of the Board, except upon proof of actual malice. | 8 | | (k) Members of the Board shall be reimbursed for all | 9 | | legitimate, necessary, and authorized expenses. | 10 | | (a) The
Board shall be appointed by the Secretary and shall | 11 | | consist of 10
members, one of whom shall be a public member and | 12 | | 9 of whom shall be
professional engineers licensed under this | 13 | | Act. In addition each member
who is a professional engineer | 14 | | shall:
| 15 | | (1) be a citizen of the United States, and
| 16 | | (2) be a resident of this State.
| 17 | | (b) In addition, each member who is a professional engineer | 18 | | shall:
| 19 | | (1) have not less than 12 years of experience in the | 20 | | practice of
professional engineering, and shall hold an | 21 | | active license as a
professional engineer in Illinois;
| 22 | | (2) have been in charge of professional engineering | 23 | | work for at least
5 years. For the purposes of this | 24 | | Section, any period in
which a person has been in charge of | 25 | | teaching engineering in an
engineering college with the | 26 | | rank of assistant professor or higher
shall be considered |
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| 1 | | as time in which such person was in charge of
professional | 2 | | engineering work.
| 3 | | The terms for all members shall be for 5 years. On the | 4 | | expiration of
the term of any member
or in the event of a | 5 | | vacancy,
the Secretary shall appoint
a member who shall hold | 6 | | office until the expiration of the term
for which the member is | 7 | | appointed and until a successor has been
appointed and | 8 | | qualified.
| 9 | | No member shall be reappointed to the Board for a term | 10 | | which would
cause that individual's lifetime service on the | 11 | | Board to be longer
than 15 years.
| 12 | | In implementing the 5 year terms, the Secretary shall vary | 13 | | the terms to
enable the Board to have no more than 2 terms | 14 | | expire in any one year.
| 15 | | The public member shall be a voting member and shall not | 16 | | hold a license as an architect, professional engineer, | 17 | | structural engineer, or a land surveyor.
The public member | 18 | | shall be an Illinois resident and a citizen of the
United | 19 | | States.
| 20 | | In making appointments to the Board, the Secretary shall | 21 | | give due
consideration to recommendations by members of the | 22 | | profession and by
organizations therein.
| 23 | | The Secretary may remove any member of the Board for | 24 | | misconduct,
incompetence, neglect of duty or for reasons | 25 | | prescribed by law for
removal of State officials.
| 26 | | The Secretary may remove a member of the Board who does not |
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| 1 | | attend 2
consecutive meetings.
| 2 | | A quorum of the Board shall consist
of 6 Board members.
A | 3 | | quorum is required for Board decisions.
| 4 | | Each member of the Board may receive compensation as | 5 | | determined by the Secretary and shall be
reimbursed for all | 6 | | actual traveling expenses.
| 7 | | Members of the Board shall be immune from suit in any | 8 | | action based
upon any disciplinary proceedings or other | 9 | | activities performed in good
faith as members of the Board.
| 10 | | Persons holding office as members of the Board immediately | 11 | | prior to
the effective date of this Act under the Act repealed | 12 | | herein shall
continue as members of the Board until the | 13 | | expiration of the term for
which they were appointed and until | 14 | | their successors are appointed and
qualified.
| 15 | | (Source: P.A. 96-626, eff. 8-24-09.)
| 16 | | (225 ILCS 325/7) (from Ch. 111, par. 5207)
| 17 | | (Section scheduled to be repealed on January 1, 2020)
| 18 | | Sec. 7. Powers and duties of the Board. Subject to the | 19 | | provisions
of this Act, the Board shall exercise the following | 20 | | functions, powers,
and duties:
| 21 | | (a) The Board shall hold at least 3 regular meetings | 22 | | each year. Review applicant qualifications to sit for
the | 23 | | examination or for licensure and shall make | 24 | | recommendations to the
Department except for those | 25 | | applicant qualifications that the Board designates as |
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| 1 | | routinely acceptable;
| 2 | | (b) The Board shall annually elect a chairperson and a | 3 | | vice chairperson who shall be Illinois licensed | 4 | | professional engineers. The Board may appoint a | 5 | | subcommittee to serve as a Complaint Committee
to recommend | 6 | | the disposition of case files according to procedures | 7 | | established
by rule in 68 Ill. Adm. Code 1380.305, and any | 8 | | changes and amendments thereto;
| 9 | | (c) The Board, upon request by the Department, may make | 10 | | a curriculum evaluation to approve a professional engineer | 11 | | program, a non-approved engineering program, and related | 12 | | science curriculum and submit to the Secretary a written | 13 | | recommendation of acceptability of a curriculum. Conduct | 14 | | hearings regarding disciplinary actions and submit a
| 15 | | written report and recommendations to the Secretary as | 16 | | required by this
Act and to provide a Board member at | 17 | | informal conferences;
| 18 | | (d) The Department may at any time seek the expert | 19 | | advice and knowledge of the Board on any matter relating to | 20 | | the enforcement of this Act. Make visits to universities or | 21 | | colleges to evaluate
engineering curricula or to otherwise | 22 | | evaluate engineering curricula and
submit to the Secretary | 23 | | a written recommendation of acceptability of a
curriculum;
| 24 | | (e) The Board may appoint a subcommittee to serve as a | 25 | | Complaint Committee to recommend the disposition of case | 26 | | files according to procedures established by rule. Submit a |
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| 1 | | written recommendation to the Secretary concerning
| 2 | | promulgation of rules as required in Section 5 and to | 3 | | recommend to the Secretary
any rules or amendments thereto | 4 | | for the administration of this
Act;
| 5 | | (f) The Board shall assist the Department in conducting | 6 | | oral interviews, disciplinary conferences, informal | 7 | | conferences, and formal evidentiary hearings. Hold at | 8 | | least 3 regular meetings each year;
| 9 | | (g) The Board shall review applicant qualifications to | 10 | | sit for the examination or for licensure and shall make | 11 | | recommendations to the Department except for those | 12 | | applicant qualifications that the Board designates as | 13 | | routinely acceptable. Elect annually a chairperson and a | 14 | | vice-chairperson who shall be
professional engineers; and
| 15 | | (h) Submit written comments to the Secretary within 30 | 16 | | days from
notification of any final decision or order from | 17 | | the Secretary that deviates
from any
report or | 18 | | recommendation of the Board relating to the qualification | 19 | | of
applicants, discipline of licensees or registrants, or | 20 | | promulgation of rules.
| 21 | | (Source: P.A. 96-626, eff. 8-24-09.)
| 22 | | (225 ILCS 325/8) (from Ch. 111, par. 5208) | 23 | | (Section scheduled to be repealed on January 1, 2020) | 24 | | Sec. 8. Applications for licensure. | 25 | | (a) Applications for original licenses shall be made to the |
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| 1 | | Department in writing on forms or electronically as prescribed | 2 | | by the Department and shall be accompanied by the required fee, | 3 | | which shall not be refundable. All applications shall contain | 4 | | information that, in the judgment of the Department, will | 5 | | enable the Department to pass on the qualifications of the | 6 | | applicant for a license as a professional engineer or engineer | 7 | | intern. The Department may require an applicant, at the | 8 | | applicant's expense, to have an evaluation of the applicant's | 9 | | education in a foreign country by a nationally recognized | 10 | | evaluation service approved by the Department in accordance | 11 | | with rules adopted by the Department. Applications for | 12 | | licensure
shall (1) be on forms prescribed and furnished by the | 13 | | Department, (2) contain
statements made under oath showing the | 14 | | applicant's education and
a detailed summary of the applicant's | 15 | | technical work, and (3) contain
references as required by the | 16 | | Department. | 17 | | (b) Applicants have 3 years from the date of application to | 18 | | complete the application process. If the process has not been | 19 | | completed in 3 years, the application shall be denied, the fee | 20 | | shall be forfeited, and the applicant must reapply and meet the | 21 | | requirements in effect at the time of reapplication. Applicants | 22 | | shall have obtained the education and experience as
required in | 23 | | Section 10 or Section 11 prior to submittal of application
for | 24 | | licensure.
Allowable experience shall commence at the date of | 25 | | the baccalaureate
degree, except: | 26 | | (1) Credit for one year of experience shall be given |
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| 1 | | for a graduate of
a baccalaureate curriculum providing a | 2 | | cooperative program, which is
supervised industrial or | 3 | | field experience of at least one academic year
which | 4 | | alternates with periods of full-time academic training, | 5 | | when such
program is certified by the university, or | 6 | | (2) Partial credit may be given
for professional | 7 | | engineering experience as
defined by rule for employment | 8 | | prior to receipt of a baccalaureate
degree if the | 9 | | employment is full-time while the applicant is a
part-time | 10 | | student
taking fewer than 12 hours per semester or 8 hours | 11 | | per quarter
to earn the degree concurrent with the
| 12 | | full-time engineering experience. | 13 | | (3) If an applicant files an application and supporting | 14 | | documents
containing a material misstatement of | 15 | | information or a
misrepresentation for the purpose of | 16 | | obtaining licensure or
enrollment or if an applicant | 17 | | performs
any fraud or deceit in taking any examination to | 18 | | qualify for
licensure or enrollment
under this Act, the | 19 | | Department may issue a rule of intent to deny
licensure or | 20 | | enrollment
and may conduct a hearing in accordance
with | 21 | | Sections 26 through 33 and Sections 37 and 38 of this Act. | 22 | | The Board may conduct oral interviews of any applicant | 23 | | under Sections
10, 11, or 19 to assist in the evaluation of the | 24 | | qualifications of the
applicant. | 25 | | It is the responsibility of the applicant to supplement the
| 26 | | application, when requested by the Board, by provision of |
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| 1 | | additional
documentation of education, including transcripts, | 2 | | course content and
credentials of the engineering college or | 3 | | college granting related
science degrees, or of work experience | 4 | | to permit the Board to determine
the qualifications of the | 5 | | applicant. The Department may require an
applicant, at the | 6 | | applicant's expense, to have an evaluation of the applicant's
| 7 | | education in a foreign country by a nationally recognized | 8 | | evaluating service
approved by the Department. | 9 | | An applicant who graduated from an engineering program | 10 | | outside the United
States or its territories and whose first | 11 | | language is not English shall submit
certification of passage | 12 | | of the Test of English as a Foreign Language (TOEFL)
and a test | 13 | | of spoken English as defined by rule. However, any such | 14 | | applicant who subsequently earns an advanced degree from an | 15 | | accredited educational institution in the United States or its | 16 | | territories shall not be subject to this requirement. | 17 | | (Source: P.A. 98-993, eff. 1-1-15 .)
| 18 | | (225 ILCS 325/9) (from Ch. 111, par. 5209)
| 19 | | (Section scheduled to be repealed on January 1, 2020)
| 20 | | Sec. 9. Licensure qualifications; Examinations ; Failure or | 21 | | refusal
to take examinations . | 22 | | (a) The Department shall authorize examinations of | 23 | | applicants for a license under this Act at such times and | 24 | | places as it may determine by rule. The examinations shall be | 25 | | of a character to give a fair test of the qualifications of the |
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| 1 | | applicant to practice as a professional engineer or engineer | 2 | | intern. | 3 | | (b) Applicants for examination are required to pay, either | 4 | | to the Department or the designated testing service, a fee | 5 | | covering the cost of providing the examination. Failure to | 6 | | appear for the examination on the scheduled date, at the time | 7 | | and place specified, after the applicant's application for | 8 | | examination has been received and acknowledged by the | 9 | | Department or the designated testing service, shall result in | 10 | | the forfeiture of the examination fee. | 11 | | (c) If an applicant fails to pass an examination for | 12 | | licensure under this Act within 3 years after filing the | 13 | | application, the application shall be denied. However, such | 14 | | applicant may thereafter make a new application for examination | 15 | | accompanied by the required fee and must furnish proof of | 16 | | meeting the qualifications for examination in effect at the | 17 | | time of new application. | 18 | | Examinations provided for by this Act shall be
conducted under | 19 | | rules prescribed by the Department. Examinations shall
be held | 20 | | not less frequently than semi-annually, at times and places
| 21 | | prescribed by the Department, of which applicants shall be | 22 | | notified by
the Department in writing.
| 23 | | Examinations of the applicants who seek to practice | 24 | | professional
engineering shall ascertain: (a) if the applicant | 25 | | has an adequate
understanding of the basic and engineering | 26 | | sciences, which shall embrace
subjects required of candidates |
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| 1 | | for an approved baccalaureate degree in
engineering, and (b) if | 2 | | the training and experience of the applicant
have provided a | 3 | | background for the application of the basic and
engineering | 4 | | sciences to the solution of engineering problems. The
| 5 | | Department may by rule prescribe additional subjects for | 6 | | examination.
If an applicant neglects, fails to take, or | 7 | | refuses
to take the next available examination offered for | 8 | | licensure under this
Act within 3 years after filing the | 9 | | application, the fee paid by the
applicant shall be forfeited | 10 | | and the application denied. If an
applicant fails to pass an | 11 | | examination for licensure under this Act
within 3 years after | 12 | | filing the application, the application shall be
denied. | 13 | | However, such applicant may thereafter make a new application
| 14 | | for examination, accompanied by the required fee.
| 15 | | (Source: P.A. 96-626, eff. 8-24-09.)
| 16 | | (225 ILCS 325/10) (from Ch. 111, par. 5210)
| 17 | | (Section scheduled to be repealed on January 1, 2020) | 18 | | Sec. 10. Minimum standards for licensure as
professional | 19 | | engineer. | 20 | | (a) To qualify for licensure as a professional
engineer , | 21 | | each applicant shall be: | 22 | | (1) (a) a graduate of an approved engineering | 23 | | curriculum of at least 4
years who submits acceptable | 24 | | evidence to the Board of an additional 4
years or more of | 25 | | experience in engineering work of a grade and character
|
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| 1 | | that which indicate that the individual may be competent to | 2 | | practice
professional engineering, and who has passed an
| 3 | | examination in the fundamentals of engineering as defined | 4 | | by rule and an examination in the principles and practice | 5 | | of engineering as defined by rule. Upon
submitting an | 6 | | application with proof of passing both examinations, the | 7 | | applicant, if otherwise qualified, shall
be granted a | 8 | | license to practice professional engineering in this | 9 | | State; or | 10 | | (2) (b) a graduate of a non-approved engineering | 11 | | curriculum or a related
science curriculum of at least 4 | 12 | | years and which meets the requirements as
set forth by rule | 13 | | by submitting an application to the Department for its | 14 | | review and approval, who submits acceptable evidence to the | 15 | | Board of an
additional 8 years or more of experience in | 16 | | engineering work of a grade
and character which indicate | 17 | | that the individual may be competent to
practice | 18 | | professional engineering, and who has passed an | 19 | | examination in the fundamentals of engineering as defined | 20 | | by rule and an examination in the principles and practice | 21 | | of
engineering as defined by rule. Upon submitting the | 22 | | application with proof of passing both examinations, the | 23 | | applicant, if
otherwise qualified, shall be granted a | 24 | | license to practice professional
engineering in this | 25 | | State; or | 26 | | (3) (c) an Illinois engineer intern,
by application
and |
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| 1 | | payment of the required fee, may then take an
examination | 2 | | in the principles and practice of engineering as defined by | 3 | | rule. If the applicant passes
that examination and submits | 4 | | evidence to the Board that meets the experience | 5 | | qualification of paragraph (1) or (2) subsection (a) or (b) | 6 | | of this Section , the applicant, if otherwise qualified, | 7 | | shall be
granted a license to practice professional | 8 | | engineering in this State. | 9 | | (b) Allowable experience for licensure shall commence at | 10 | | the date of the baccalaureate degree, except for experience | 11 | | gained while the applicant is a part-time student taking fewer | 12 | | than 12 hours per semester or 8 hours per quarter to earn the | 13 | | degree concurrent with the full-time engineering experience. | 14 | | (c) When considering an applicant's
qualifications for | 15 | | licensure under this Act, the Department may take into
| 16 | | consideration whether an applicant has engaged in conduct or | 17 | | actions that
would constitute a violation of the Standards of | 18 | | Professional Conduct for
this Act as provided for by | 19 | | administrative rules. | 20 | | (Source: P.A. 97-333, eff. 8-12-11; 98-713, eff. 7-16-14.) | 21 | | (225 ILCS 325/11) (from Ch. 111, par. 5211)
| 22 | | (Section scheduled to be repealed on January 1, 2020) | 23 | | Sec. 11. Minimum standards for examination for enrollment | 24 | | as
engineer intern. Each of the following is considered a | 25 | | minimum standard
that an applicant must satisfy to qualify for |
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| 1 | | enrollment as an engineer
intern: | 2 | | (a) A graduate of an approved engineering curriculum of | 3 | | at least 4
years, who has passed an examination in the
| 4 | | fundamentals of engineering as defined by rule, shall be | 5 | | enrolled as an engineer intern, if
the applicant is | 6 | | otherwise qualified; or | 7 | | (b) An applicant in the last year of an approved | 8 | | engineering
curriculum who passes an examination in the
| 9 | | fundamentals of engineering as defined by rule and | 10 | | furnishes proof that the applicant graduated within a | 11 | | 12-month
12 month period following the examination shall be | 12 | | enrolled
as an engineer intern, if the applicant is | 13 | | otherwise qualified; or | 14 | | (c) A graduate of a non-approved engineering | 15 | | curriculum or a related
science curriculum of at least 4 | 16 | | years and which meets the requirements as set
forth by rule | 17 | | by submitting an application to the Department for its | 18 | | review and approval, who submits acceptable evidence to the | 19 | | Board of an
additional 4 years or more of progressive | 20 | | experience in engineering
work, and who has passed an | 21 | | examination in the
fundamentals of engineering as defined | 22 | | by rule shall be enrolled as an engineer intern, if
the | 23 | | applicant is otherwise qualified. | 24 | | (Source: P.A. 98-713, eff. 7-16-14; 99-78, eff. 7-20-15.)
| 25 | | (225 ILCS 325/12) (from Ch. 111, par. 5212)
|
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| 1 | | (Section scheduled to be repealed on January 1, 2020)
| 2 | | Sec. 12. Educational credits or teaching as equivalent of | 3 | | experience.
| 4 | | (a) After earning an acceptable baccalaureate degree as | 5 | | required by
paragraph (1) or (2) of subsection (a) or (b) of | 6 | | Section 10 in engineering or related science
and upon | 7 | | completion of a Master's degree in engineering, the applicant
| 8 | | may receive one year of experience credit. Upon completion of a | 9 | | Ph.D.
in engineering, an applicant may receive an additional | 10 | | year experience
credit for a maximum of 2 years.
| 11 | | (b) Teaching engineering subjects in an engineering | 12 | | college
at a rank of instructor or above
is
considered | 13 | | experience in engineering.
| 14 | | (c) (Blank).
| 15 | | (Source: P.A. 91-92, eff. 1-1-00; 92-145, eff. 1-1-02 .)
| 16 | | (225 ILCS 325/14) (from Ch. 111, par. 5214)
| 17 | | (Section scheduled to be repealed on January 1, 2020)
| 18 | | Sec. 14. Seal. Every professional engineer shall
have a | 19 | | reproducible seal or
stamp , which may be computer generated, | 20 | | the imprint of which shall the print of which shall
be | 21 | | reproducible and
contain the name of the
professional engineer, | 22 | | the professional engineer's license number, and
the words | 23 | | "Licensed Professional Engineer of Illinois".
Any
reproducible | 24 | | stamp heretofore authorized under the laws of this State
state | 25 | | for use by a
professional engineer, including those with the |
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| 1 | | words "Registered
Professional Engineer of Illinois",
shall | 2 | | serve the same purpose as the seal provided
for by this Act. | 3 | | The engineer shall be responsible for his or her seal and | 4 | | signature as defined by rule.
When technical submissions are | 5 | | prepared utilizing a computer or other
electronic means, the | 6 | | seal may be generated by the computer. The licensee may | 7 | | provide, at his or her sole discretion, an original signature | 8 | | in the licensee's handwriting, a scanned copy of the technical | 9 | | submission bearing an original signature, or a signature | 10 | | generated by a computer.
| 11 | | The use of a professional engineer's seal on technical | 12 | | submissions
constitutes a representation by the professional | 13 | | engineer that the work
has been prepared by or under the | 14 | | personal supervision of the professional
engineer or developed | 15 | | in conjunction with the use of accepted engineering
standards. | 16 | | The use of the seal further represents that the work has been
| 17 | | prepared and administered in accordance with the
standards of | 18 | | reasonable professional skill and diligence.
| 19 | | It is unlawful to affix one's seal to technical submissions | 20 | | if
it masks the true identity of the person who actually | 21 | | exercised
direction, control and supervision of the | 22 | | preparation of such work. A
professional engineer who seals and | 23 | | signs technical submissions is not
responsible for damage | 24 | | caused by subsequent changes to or uses of those
technical | 25 | | submissions, where the subsequent changes or uses, including
| 26 | | changes or uses made by State or local governmental agencies, |
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| 1 | | are not
authorized or approved by the professional engineer who | 2 | | originally
sealed and signed the technical submissions.
| 3 | | (Source: P.A. 98-289, eff. 1-1-14.)
| 4 | | (225 ILCS 325/15) (from Ch. 111, par. 5215)
| 5 | | (Section scheduled to be repealed on January 1, 2020)
| 6 | | Sec. 15. Technical submissions. | 7 | | (a) Technical submissions are the designs, drawings, and | 8 | | specifications that establish the scope of the professional | 9 | | engineering project, the standard of quality for materials, | 10 | | workmanship, equipment, and constructions systems, and the | 11 | | studies and other technical reports and calculations prepared | 12 | | in the course of the practice of professional engineering. All | 13 | | technical submissions
prepared by or under the personal | 14 | | supervision of a professional engineer
shall bear that | 15 | | professional engineer's seal, signature, and license
| 16 | | expiration date. The licensee's written signature and date of | 17 | | signing,
along with the date of license expiration, shall be | 18 | | placed adjacent to
the seal.
Computer generated signatures are | 19 | | not permitted.
| 20 | | (b) All technical submissions intended for use in the State | 21 | | of Illinois shall be prepared and administered in accordance | 22 | | with standards of reasonable professional skill and diligence. | 23 | | Care shall be taken to reflect the requirements of State | 24 | | statutes and, where applicable, county and municipal | 25 | | ordinances in such submissions. In recognition that |
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| 1 | | professional engineers are licensed for the protection of the | 2 | | public, health, safety, and welfare, submissions shall be of | 3 | | such quality and scope, and be so administered, as to conform | 4 | | to professional standards. | 5 | | (c) No officer, board, commission, or other public entity | 6 | | that receives technical submissions shall accept for filing or | 7 | | approval any technical submissions relating to services | 8 | | requiring the involvement of a professional engineer that do | 9 | | not bear the seal and signature of a professional engineer | 10 | | licensed under this Act. | 11 | | (d) It is unlawful to affix one's seal to technical | 12 | | submissions if it masks the true identity of the person who | 13 | | actually exercised responsible control of the preparation of | 14 | | such work. A professional engineer who seals and signs | 15 | | technical submissions is not responsible for damage caused by | 16 | | subsequent changes to or uses of those technical submissions | 17 | | where the subsequent changes or uses, including changes or uses | 18 | | made by State or local governmental agencies, are not | 19 | | authorized or approved in writing by the professional engineer | 20 | | who originally sealed and signed the technical submissions. | 21 | | (e) The professional engineer who has contract | 22 | | responsibility shall
seal a cover sheet of the technical | 23 | | submissions, and those individual
portions of the technical | 24 | | submissions for which the professional
engineer is legally and | 25 | | professionally responsible. The professional
engineer | 26 | | practicing as the support design professional shall seal
those |
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| 1 | | individual portions of technical submissions for which the
| 2 | | professional engineer is legally and professionally | 3 | | responsible.
| 4 | | All technical submissions intended for use in construction | 5 | | in the
State of Illinois shall be prepared and administered in | 6 | | accordance with
standards of reasonable professional skill and | 7 | | diligence. Care shall be
taken to reflect the requirements of | 8 | | State statutes and, where
applicable, county and municipal | 9 | | ordinances in such documents.
In recognition that professional | 10 | | engineers are licensed for the
protection of the public health, | 11 | | safety and welfare, documents shall be
of such quality and | 12 | | scope, and be so administered as to conform to
professional | 13 | | standards.
| 14 | | (Source: P.A. 91-92, eff. 1-1-00; 92-145, eff. 1-1-02 .)
| 15 | | (225 ILCS 325/16) (from Ch. 111, par. 5216)
| 16 | | (Section scheduled to be repealed on January 1, 2020)
| 17 | | Sec. 16. Display Issuance of license. Whenever the | 18 | | provisions of this
Act have been complied with the Department | 19 | | may issue a license as a
professional engineer and enroll the | 20 | | engineer intern. Every holder of a license under this Act as a | 21 | | professional engineer shall display
the license in a | 22 | | conspicuous place in his or her the professional engineer's
| 23 | | principal office , place of business, or place of employment .
| 24 | | It is the professional engineer's and engineer intern's
| 25 | | responsibility to inform the Department of any change of |
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| 1 | | address.
| 2 | | (Source: P.A. 96-626, eff. 8-24-09.)
| 3 | | (225 ILCS 325/17) (from Ch. 111, par. 5217)
| 4 | | (Section scheduled to be repealed on January 1, 2020)
| 5 | | Sec. 17. Renewal, reinstatement, or restoration of | 6 | | license; persons in military service Licensure; Renewal; | 7 | | Restoration; Person in military
service; Retired . | 8 | | (a) The expiration date and renewal period for each | 9 | | professional
engineer license issued under this Act shall be | 10 | | set by the Department
by rule. The holder of a license may | 11 | | renew such license during the month preceding the expiration | 12 | | date by paying the required fee. The
enrollment of an engineer | 13 | | intern shall not expire.
| 14 | | (b) A professional engineer who has permitted his or her | 15 | | license to expire or has had his or her license placed on | 16 | | inactive status may have his or her Any person whose
license | 17 | | has expired or whose license is on inactive status may have | 18 | | such
license restored by making application to the Department | 19 | | and filing
proof acceptable to the Department of his or her | 20 | | that person's fitness to have his or her such
license restored, | 21 | | including, but not limited to, which may include sworn evidence | 22 | | certifying to active
practice in another jurisdiction | 23 | | satisfactory to the Department and by
paying the required | 24 | | restoration fee as determined by rule .
If the person has not | 25 | | maintained an active practice in another
jurisdiction |
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| 1 | | satisfactory to the Department, the Board shall determine,
by | 2 | | an evaluation program established by rule, the person's fitness | 3 | | to
resume active status and may require the person to complete | 4 | | a period of
evaluated experience and may require successful | 5 | | completion of the
principles and practice examination.
| 6 | | (c) A professional engineer whose license has expired while | 7 | | engaged (1) in federal service on active duty with the Armed | 8 | | Forces of the United States or the State Militia called into | 9 | | service or training, or (2) in training or education under the | 10 | | supervision of the United States before induction into the | 11 | | military service, may have the license restored or reinstated | 12 | | without paying any lapsed reinstatement, renewal, or | 13 | | restoration fees if within 2 years after termination other than | 14 | | by dishonorable discharge of such service, training, or | 15 | | education and the Department is furnished with satisfactory | 16 | | evidence that the licensee has been so engaged in the practice | 17 | | of professional engineering and that such service, training, or | 18 | | education has been so terminated. However, any person whose | 19 | | license expired while that person was (1) in
Federal Service on | 20 | | active duty with the Armed Forces of the United
States, or the | 21 | | State Militia called into service or training, or (2) in
| 22 | | training or education under the supervision of the United | 23 | | States
preliminary to induction into the military service, may | 24 | | have such
license renewed or restored without paying any lapsed | 25 | | renewal fees if,
within 2 years after honorable termination of | 26 | | such service, training,
or education, except under conditions |
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| 1 | | other than honorable, the
Department is furnished with | 2 | | satisfactory evidence that the person has
been so engaged and | 3 | | has maintained professional competence and that such
service, | 4 | | training or education has been so terminated.
| 5 | | (d) The enrollment of an engineer intern does not expire. | 6 | | Each application
for renewal shall contain the original | 7 | | seal and signature of the
professional engineer. Applicants for | 8 | | renewal or restoration shall
certify that all conditions of | 9 | | their license meet the requirements of
the Illinois | 10 | | Professional Engineering Practice Act of 1989.
| 11 | | (e) Any person who has been duly licensed as a professional | 12 | | engineer by the Department and who chooses to deactivate or not | 13 | | renew his or her license may use the title "Professional | 14 | | Engineer, Retired". Those persons using the title | 15 | | "Professional Engineer, Retired" may request restoration to | 16 | | active status under the applicable provisions of Sections 17, | 17 | | 17.5, and 18 of this Act. | 18 | | The use of the title "Professional Engineer, Retired" shall | 19 | | not constitute representation of current licensure. Any person | 20 | | without an active license shall not be permitted to practice | 21 | | engineering as defined in this Act. | 22 | | Nothing in this Section shall be construed to require the | 23 | | Department to issue any certificate, credential, or other | 24 | | document indicating that a person has been granted the title, | 25 | | "Professional Engineer, Retired". | 26 | | (Source: P.A. 96-626, eff. 8-24-09.)
|
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| 1 | | (225 ILCS 325/17.5)
| 2 | | (Section scheduled to be repealed on January 1, 2020)
| 3 | | Sec. 17.5. Continuing education. The Department
may adopt | 4 | | promulgate rules of continuing education for persons licensed | 5 | | under this
Act. The Department shall consider the | 6 | | recommendations of the Board in
establishing the guidelines for | 7 | | the continuing education requirements. The
requirements of | 8 | | this Section apply to any person seeking renewal or restoration
| 9 | | under Section 17 or 18 of this Act. For the purposes of this | 10 | | Act, continuing education shall also be known as professional | 11 | | development.
| 12 | | (Source: P.A. 91-92, eff. 1-1-00 .)
| 13 | | (225 ILCS 325/18) (from Ch. 111, par. 5218)
| 14 | | (Section scheduled to be repealed on January 1, 2020)
| 15 | | Sec. 18. Inactive status. A person licensed under this Act | 16 | | who notifies the Department ,
in writing on forms prescribed by | 17 | | the Department , may elect to place his or her
that person's | 18 | | license on an inactive status and shall , subject to
rules, be | 19 | | excused from payment of renewal fees until the Department is
| 20 | | notified in writing of that person's desire to resume active | 21 | | status.
| 22 | | Any professional engineer whose license is in inactive | 23 | | status shall not practice professional engineering in the State | 24 | | of Illinois. |
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| 1 | | Any person requesting restoration from inactive status is | 2 | | required to
pay the current renewal fee and is required to seek | 3 | | restoration of
license as provided in Section 17 of this Act. | 4 | | Any professional
engineer whose license is in an inactive | 5 | | status shall not practice
professional engineering in the State | 6 | | of Illinois.
| 7 | | (Source: P.A. 86-667 .)
| 8 | | (225 ILCS 325/19) (from Ch. 111, par. 5219)
| 9 | | (Section scheduled to be repealed on January 1, 2020)
| 10 | | Sec. 19. Endorsement. | 11 | | (a) The Department may, upon application in writing on | 12 | | forms or electronically accompanied by the recommendation
of | 13 | | the Board, license as a professional engineer,
on payment of | 14 | | the required fee, issue a license as a professional engineer to | 15 | | an applicant already who is a professional
engineer registered | 16 | | or licensed under the laws of another state , the District of | 17 | | Columbia, or
a territory of the United States , or the District | 18 | | of Columbia or a party parties to the
North American Free Trade | 19 | | Agreement
if the
applicant qualifies under Section 8 and | 20 | | Section 10 of this Act, or if the requirements for licensure in | 21 | | that
qualifications of the applicant were at the time of | 22 | | registration or
licensure in another jurisdiction were, at the | 23 | | time of original licensure, substantially equivalent equal to | 24 | | the
requirements then in force in this State on that date .
| 25 | | The Department may refuse to endorse the applicants from |
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| 1 | | any
state, District of Columbia or territory if the | 2 | | requirements for
registration or licensure in such | 3 | | jurisdiction are not substantially
equal to the requirements of | 4 | | this Act.
| 5 | | (b) If the accuracy of any submitted documentation or | 6 | | relevance or sufficiency of the course work or experience is | 7 | | questioned by the Department or the Board because of a lack of | 8 | | information, discrepancies, or conflicts in information given | 9 | | or a need for clarification, the applicant seeking licensure | 10 | | may be required to provide additional information. | 11 | | (c) Applicants have 3 years from the date of application to | 12 | | complete the
application process. If the process has not been | 13 | | completed during the 3-year 3
year time frame, the application | 14 | | shall be denied, the fee forfeited , and
the applicant must | 15 | | reapply and meet the requirements in effect at the
time of | 16 | | reapplication.
| 17 | | (Source: P.A. 96-626, eff. 8-24-09.)
| 18 | | (225 ILCS 325/20) (from Ch. 111, par. 5220)
| 19 | | (Section scheduled to be repealed on January 1, 2020)
| 20 | | Sec. 20. Fees.
| 21 | | (a) The Department shall provide by rule for a schedule of | 22 | | fees to be paid
for licenses by all applicants. All fees are | 23 | | not refundable.
| 24 | | (b) The fees for the administration and enforcement of this | 25 | | Act, including
but not limited to original licensure, renewal, |
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| 1 | | and restoration, shall be
set by rule by the Department.
| 2 | | (c) All the fees and
fines collected as authorized under | 3 | | this Act pursuant to this Section shall be deposited into in | 4 | | the Design
Professionals Administration and Investigation | 5 | | Fund.
Of the moneys deposited into the Design Professionals | 6 | | Administration and
Investigation Fund, the Department may use | 7 | | such funds as necessary and
available to produce and distribute | 8 | | newsletters to persons licensed under
this Act.
| 9 | | (Source: P.A. 91-92, eff. 1-1-00 .)
| 10 | | (225 ILCS 325/20.5 new) | 11 | | Sec. 20.5. Returned checks; fines. Any person who delivers | 12 | | a check or other payment to the Department that is returned to | 13 | | the Department unpaid by the financial institution upon which | 14 | | it is drawn shall pay to the Department, in addition to the | 15 | | amount already owed to the Department, a fine of $50. The fines | 16 | | imposed by this Section are in addition to any other discipline | 17 | | provided under this Act for unlicensed practice or practice on | 18 | | a nonrenewed license. The Department shall notify the person | 19 | | that payment of fees and fines shall be paid to the Department | 20 | | by certified check or money order within 30 calendar days of | 21 | | the notification. If, after the expiration of 30 days from the | 22 | | date of the notification, the person has failed to submit the | 23 | | necessary remittance, the Department shall automatically | 24 | | terminate the license or deny the application, without hearing. | 25 | | If, after termination or denial, the person seeks a license, he |
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| 1 | | or she shall apply to the Department for restoration or | 2 | | issuance of the license and pay all fees and fines due to the | 3 | | Department. The Department may establish a fee for the | 4 | | processing of an application for restoration of a license to | 5 | | pay all expenses of processing this application. The Secretary | 6 | | may waive the fines due under this Section in individual cases | 7 | | where the Secretary finds that the fines would be unreasonable | 8 | | or unnecessarily burdensome. | 9 | | (225 ILCS 325/20.10 new) | 10 | | Sec. 20.10. Unlicensed practice; violation; civil penalty. | 11 | | (a) Any person who practices, offers to practice, attempts | 12 | | to practice, or holds himself or herself out to practice as a | 13 | | professional engineer or engineer intern without being | 14 | | licensed or exempt under this Act shall, in addition to any | 15 | | other penalty provided by law, pay a civil penalty to the | 16 | | Department in an amount not to exceed $10,000 for each offense, | 17 | | as determined by the Department. The civil penalty shall be | 18 | | assessed by the Department after a hearing is held in | 19 | | accordance with this Act regarding the provision of a hearing | 20 | | for the discipline of a licensee. | 21 | | (b) A firm or business that offers design services under | 22 | | this Act without being registered as a professional design firm | 23 | | or exempt under this Act shall, in addition to any other | 24 | | penalty provided by law, pay a civil penalty to the Department | 25 | | in an amount not to exceed $10,000 for each offense, as |
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| 1 | | determined by the Department. The civil penalty shall be | 2 | | assessed by the Department after a hearing is held in | 3 | | accordance with this Act regarding the provision of a hearing | 4 | | for the discipline of a licensee. | 5 | | (c) The Department may investigate any actual, alleged, or | 6 | | suspected unlicensed activity. | 7 | | (d) The civil penalty shall be paid within 60 days after | 8 | | the effective date of the order imposing the civil penalty. The | 9 | | order shall constitute a final judgment and may be filed and | 10 | | execution had thereon in the same manner as any judgment from | 11 | | any court of record. | 12 | | (e) A person or entity not licensed or registered under | 13 | | this Act that has violated any provision of this Act or its | 14 | | rules is guilty of a Class A misdemeanor for the first offense | 15 | | and a Class 4 felony for a second and subsequent offenses.
| 16 | | (225 ILCS 325/23) (from Ch. 111, par. 5223)
| 17 | | (Section scheduled to be repealed on January 1, 2020)
| 18 | | Sec. 23. Professional design firm registration.
| 19 | | (a) Nothing in this Act shall prohibit the formation, under | 20 | | the
provisions of the Professional Service Corporation Act, as | 21 | | amended, of a
corporation to practice professional | 22 | | engineering.
| 23 | | Any business, including a Professional Service | 24 | | Corporation, that includes within its stated purposes or | 25 | | practices, or holds
itself out as available to practice, |
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| 1 | | professional engineering shall be
registered with the | 2 | | Department pursuant to the provisions set forth in
this | 3 | | Section.
| 4 | | Any sole proprietorship not owned and operated by an | 5 | | Illinois licensed
design professional licensed under this Act | 6 | | shall be prohibited from offering
professional engineering | 7 | | services to the public.
Any sole proprietorship owned and | 8 | | operated by a professional engineer with an
active license | 9 | | issued under this Act and conducting or transacting such
| 10 | | business under an assumed name in accordance with the | 11 | | provisions of the Assumed
Business Name Act shall comply with | 12 | | the registration requirements of a
professional design firm.
| 13 | | Any sole proprietorship owned
and operated by a professional | 14 | | engineer with an active license issued under
this Act and | 15 | | conducting or transacting such business under the real name of
| 16 | | the sole proprietor is exempt from the registration | 17 | | requirements of a
professional design
firm. "Illinois licensed | 18 | | design professional" means a person who holds an
active license | 19 | | as a professional engineer under this Act, as an architect
| 20 | | under the Illinois Architecture Practice Act of 1989, or as a | 21 | | structural
engineer under the Structural Engineering Practice | 22 | | Act of
1989.
| 23 | | (b) Any professional design firm seeking to be registered | 24 | | pursuant to
the provisions of this Section shall not be | 25 | | registered unless one or more
managing agents in charge of | 26 | | professional engineering activities in this
State are |
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| 1 | | designated by the professional design firm. Each managing
agent | 2 | | must at all times maintain a valid, active license to practice
| 3 | | professional engineering in Illinois.
| 4 | | No individual whose license to practice professional | 5 | | engineering in
this State is currently in a suspended or | 6 | | revoked status shall act as a
managing agent for a professional | 7 | | design firm.
| 8 | | (c) Any business seeking to be registered under this
| 9 | | Section shall make application on a form provided by the | 10 | | Department and
shall provide such information as requested by | 11 | | the Department, which
shall include, but not be limited to:
| 12 | | (1) the name and license number of the person | 13 | | designated as the
managing agent in responsible charge of | 14 | | the practice of professional
engineering in Illinois. In | 15 | | the case of a corporation, the corporation
shall also | 16 | | submit a certified copy of the resolution by the board of
| 17 | | directors designating the managing agent. In the case of a | 18 | | limited liability
company, the company shall submit a | 19 | | certified copy of either its articles of
organization or | 20 | | operating agreement designating the managing agent;
| 21 | | (2) the names and license numbers of the directors, in | 22 | | the case of a
corporation, the members, in the case of a | 23 | | limited liability company, or
general partners, in the case | 24 | | of a partnership;
| 25 | | (3) a list of all office locations at which the | 26 | | professional design firm
provides professional engineering |
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| 1 | | services to the public; and
| 2 | | (4) a list of all assumed names of the business. | 3 | | Nothing in this Section
shall be construed to exempt a | 4 | | professional design firm, sole proprietorship,
or | 5 | | professional service corporation from compliance with the | 6 | | requirements of
the Assumed Business Name Act.
| 7 | | It is the responsibility of the professional design firm to
| 8 | | provide the Department notice, in writing, of any changes in | 9 | | the
information requested on the application.
| 10 | | (d) The Department shall issue to each business a | 11 | | certificate of
registration to practice professional | 12 | | engineering or offer the services of its
licensees in this | 13 | | State upon submittal of a proper application for registration
| 14 | | and payment of fees. The expiration date and renewal period for | 15 | | each
registration and renewal procedures shall be established | 16 | | by rule.
| 17 | | (e) In the event a managing agent is terminated or | 18 | | terminates his or her
status as
managing agent of the | 19 | | professional design firm, the managing agent and
the | 20 | | professional design firm shall notify the Department of this | 21 | | fact in writing,
by regular certified mail or email , within 10 | 22 | | business days of such termination. Thereafter, the
| 23 | | professional design firm, if it has so informed the Department, | 24 | | shall have 30
days in which to notify the Department of the | 25 | | name and license number of a
newly designated managing agent. | 26 | | If a corporation, the corporation shall also
submit a certified |
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| 1 | | copy of a resolution by the board of directors designating
the | 2 | | new managing agent. If a limited liability company, the company | 3 | | shall also
submit a certified copy of either its articles of | 4 | | organization or operating
agreement designating the new | 5 | | managing agent. The Department may, upon good
cause shown, | 6 | | extend the original 30-day 30 day period.
| 7 | | If the professional design firm has not notified the | 8 | | Department in writing,
by regular certified mail or email | 9 | | within the specified time, the registration shall be
terminated | 10 | | without prior hearing. Notification of termination shall be | 11 | | sent by regular
certified mail or email to the last known | 12 | | address of the business. If the professional
design firm | 13 | | continues to operate and offer professional engineering | 14 | | services
after the termination, the Department may seek | 15 | | prosecution under Sections 21 and 24 ,
39, and 40 of this Act | 16 | | for the unlicensed practice of professional
engineering.
| 17 | | (f) No professional design firm shall be relieved of | 18 | | responsibility for the
conduct or acts of its agent, employees, | 19 | | members, managers, or officers by
reason of its compliance with | 20 | | this Section, nor shall any individual practicing
professional | 21 | | engineering be relieved of the responsibility for professional
| 22 | | services performed by reason of the individual's employment or | 23 | | relationship
with a professional design firm registered under | 24 | | this Section.
| 25 | | (g) Disciplinary action against a professional design firm | 26 | | registered
under this Section shall be administered in the same |
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| 1 | | manner and on the
same grounds as disciplinary action against a | 2 | | licensed professional
engineer. All disciplinary action taken | 3 | | or pending against a corporation or
partnership before the | 4 | | effective date of this amendatory Act of 1993 shall be
| 5 | | continued or remain in effect without the Department filing | 6 | | separate actions.
| 7 | | (Source: P.A. 91-91, eff. 1-1-00; 91-92, eff. 1-1-00; 92-16, | 8 | | eff. 6-28-01 .)
| 9 | | (225 ILCS 325/24) (from Ch. 111, par. 5224)
| 10 | | (Section scheduled to be repealed on January 1, 2020)
| 11 | | Sec. 24. Grounds for Rules of professional conduct; | 12 | | disciplinary or
administrative
action. | 13 | | (a) The Department may refuse to issue or renew a license | 14 | | or registration, or may revoke, suspend, place on probation, | 15 | | reprimand, or take other disciplinary or non-disciplinary | 16 | | action as the Department may deem proper, including fines not | 17 | | to exceed $10,000 per violation, with regard to any license | 18 | | issued under this Act, for any one or a combination of the | 19 | | following reasons: The Department shall adopt rules setting | 20 | | standards of professional
conduct and establish appropriate | 21 | | penalties
for the breach of such rules.
| 22 | | (a-1) The Department may, singularly or in combination,
| 23 | | refuse to issue, renew, or restore a license or may revoke,
| 24 | | suspend, place on probation,
reprimand,
or take other | 25 | | disciplinary or non-disciplinary action with regard to a person |
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| 1 | | licensed under this Act, including but not limited to, the | 2 | | imposition of a fine
not to exceed $10,000 per violation upon | 3 | | any person, corporation,
partnership, or professional design | 4 | | firm licensed or registered under
this Act, for any one or | 5 | | combination of the following causes:
| 6 | | (1) Material misstatement in furnishing information to | 7 | | the
Department.
| 8 | | (2) Negligence, incompetence, or misconduct in the | 9 | | practice of professional engineering. Violations of this | 10 | | Act or any of its
rules.
| 11 | | (3) Failure to comply with any provisions of this Act | 12 | | or any of its rules. Conviction of or entry of a plea of | 13 | | guilty or nolo contendere to any crime that is a felony | 14 | | under the laws of the United States or
any state or | 15 | | territory thereof, or that is a
misdemeanor, an essential | 16 | | element of which is dishonesty,
or any crime that is | 17 | | directly related to the practice of engineering.
| 18 | | (4) Fraud or any misrepresentation in applying for or | 19 | | procuring a license under this Act or in connection with | 20 | | applying for renewal or restoration of a license under this | 21 | | Act. Making any misrepresentation for the purpose of | 22 | | obtaining, renewing, or restoring a license
or violating | 23 | | any provision of this Act or the rules promulgated under | 24 | | this Act pertaining to advertising.
| 25 | | (5) Purposefully making false statements or signing | 26 | | false statements, certificates, or affidavits to induce |
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| 1 | | payment. Willfully making or signing a false statement, | 2 | | certificate, or affidavit to induce payment.
| 3 | | (6) Conviction of or entry of a plea of guilty or nolo | 4 | | contendere, finding of guilt, jury verdict, or entry of | 5 | | judgment or sentencing, including, but not limited to, | 6 | | convictions, preceding sentences of supervision, | 7 | | conditional discharge or first offender probation under | 8 | | the laws of any jurisdiction of the United States that is | 9 | | (i) a felony or (ii) a misdemeanor, an essential element of | 10 | | which is dishonesty, that is directly related to the | 11 | | practice of the profession of professional engineering. | 12 | | Negligence, incompetence or misconduct in the practice of | 13 | | professional
engineering as a licensed professional | 14 | | engineer or in working as an engineer
intern.
| 15 | | (7) Aiding or assisting another person in violating any | 16 | | provision of
this Act or its rules.
| 17 | | (8) Failing to provide information in response to a | 18 | | written request
made by the Department within 60 30 days | 19 | | after receipt of such written
request.
| 20 | | (9) Engaging in dishonorable, unethical , or | 21 | | unprofessional conduct of a
character likely to deceive, | 22 | | defraud , or harm the public.
| 23 | | (10) Habitual or excessive use or abuse of drugs | 24 | | defined in law as controlled substances, of alcohol, | 25 | | narcotics, stimulants, or any other substances that | 26 | | results in the inability to practice with reasonable |
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| 1 | | judgment, skill, or safety. Inability to practice the | 2 | | profession with reasonable judgment, skill, or safety as a | 3 | | result of a physical illness, including, but not limited | 4 | | to, deterioration through the aging process or loss of | 5 | | motor skill, or mental illness or disability.
| 6 | | (11) A finding by the Department that an applicant or | 7 | | licensee has failed to pay a fine imposed by the | 8 | | Department. Discipline by the United States Government, | 9 | | another state,
District of Columbia, territory, foreign | 10 | | nation or government agency, if
at least one of the grounds | 11 | | for the discipline is the same or
substantially equivalent | 12 | | to those set forth in this Act.
| 13 | | (12) A finding by the Department that the licensee, | 14 | | after having his or her license placed on probationary | 15 | | status, has violated the terms of probation or failed to | 16 | | comply with such terms. Directly or indirectly giving to or | 17 | | receiving from any person,
firm, corporation, partnership | 18 | | or association any fee, commission,
rebate or other form of | 19 | | compensation for any professional services not
actually or | 20 | | personally rendered.
| 21 | | (13) Inability to practice the profession with | 22 | | reasonable judgment, skill, or safety as a result of | 23 | | physical illness, including, but not limited to, | 24 | | deterioration through the aging process, loss of motor | 25 | | skill, mental illness, or disability. A finding by the | 26 | | Department that
an applicant or registrant has failed to |
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| 1 | | pay a fine imposed
by the Department, a registrant
whose | 2 | | license has been
placed on probationary status has violated | 3 | | the terms of probation, or a
registrant has practiced on an | 4 | | expired, inactive, suspended, or
revoked license.
| 5 | | (14) Discipline by another state, territory, foreign | 6 | | country, the District of Columbia, the United States | 7 | | government, or any other government agency if at least one | 8 | | of the grounds for discipline is the same or substantially | 9 | | equivalent to those set forth in this Act. Signing, | 10 | | affixing the professional engineer's seal or permitting
| 11 | | the professional engineer's seal to be affixed to any | 12 | | technical
submissions not prepared as required by Section | 13 | | 14 or completely reviewed by
the professional engineer or | 14 | | under the professional engineer's direct
supervision.
| 15 | | (15) The making of any willfully false oath or | 16 | | affirmation in any matter or proceeding where an oath or | 17 | | affirmation is required by this Act. Inability to practice | 18 | | the profession with reasonable judgment, skill or
safety as | 19 | | a result of habitual or excessive use or addiction to | 20 | | alcohol, narcotics, stimulants, or any other chemical | 21 | | agent or drug.
| 22 | | (16) Using or attempting to use an expired, inactive, | 23 | | suspended, or revoked license or the certificate or seal of | 24 | | another or impersonating another licensee. The making of a | 25 | | statement pursuant to the Environmental Barriers
Act that a | 26 | | plan for construction or alteration of a public facility or
|
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| 1 | | for construction of a multi-story housing unit is in | 2 | | compliance with the
Environmental Barriers Act when such | 3 | | plan is not in compliance.
| 4 | | (17) Directly or indirectly giving to or receiving from | 5 | | any person or entity any fee, commission, rebate, or other | 6 | | form of compensation for any professional service not | 7 | | actually or personally rendered. (Blank).
| 8 | | (18) Signing or affixing the professional engineer's | 9 | | seal or permitting the seal to be affixed to any technical | 10 | | submissions not prepared by the professional engineer or | 11 | | under the professional engineer's supervision and control. | 12 | | (19) Making a statement pursuant to the Environmental | 13 | | Barriers Act that a plan for construction or alteration of | 14 | | a public facility or for construction of a multi-story | 15 | | housing unit is in compliance with the Environmental | 16 | | Barriers Act when such plan is not in compliance. | 17 | | (a-2) The Department shall deny a license or renewal | 18 | | authorized by this Act to a person who has failed to file a | 19 | | return, to pay the tax, penalty, or interest shown in a filed | 20 | | return, or to pay any final assessment of tax, penalty, or | 21 | | interest as required by any tax Act administered by the | 22 | | Department of Revenue, until such time as the requirements of | 23 | | the tax Act are satisfied in accordance with subsection (g) of | 24 | | Section 2105-15 of the Department of Professional Regulation | 25 | | Law of the Civil Administrative Code of Illinois (20 ILCS | 26 | | 2105/2105-15). |
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| 1 | | (a-3) (Blank). | 2 | | (a-4) In cases where the Department of Healthcare and | 3 | | Family Services (formerly the Department of Public Aid) has | 4 | | previously determined that a licensee or a potential licensee | 5 | | is more than 30 days delinquent in the payment of child support | 6 | | and has subsequently certified the delinquency to the | 7 | | Department, the Department shall refuse to issue or renew or | 8 | | shall revoke or suspend that person's license or shall take | 9 | | other disciplinary action against that person based solely upon | 10 | | the certification of delinquency made by the Department of | 11 | | Healthcare and Family Services in accordance with subdivision | 12 | | (a)(5) of Section 2105-15 of the Department of Professional | 13 | | Regulation Law of the Civil Administrative Code of Illinois (20 | 14 | | ILCS 2105/2105-15). | 15 | | (a-5) In enforcing this Section, the Department or Board, | 16 | | upon a showing of a possible violation, may order a licensee or | 17 | | applicant to submit to a mental or physical examination, or | 18 | | both, at the expense of the Department. The Department or Board | 19 | | may order the examining physician to present testimony | 20 | | concerning his or her examination of the licensee or applicant. | 21 | | No information shall be excluded by reason of any common law or | 22 | | statutory privilege relating to communications between the | 23 | | licensee or applicant and the examining physician. The | 24 | | examining physicians shall be specifically designated by the | 25 | | Board or Department. The licensee or applicant may have, at his | 26 | | or her own expense, another physician of his or her choice |
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| 1 | | present during all aspects of the examination. Failure of a | 2 | | licensee or applicant to submit to any such examination when | 3 | | directed, without reasonable cause as defined by rule, shall be | 4 | | grounds for either the immediate suspension of his or her | 5 | | license or immediate denial of his or her application. | 6 | | If the Secretary immediately suspends the license of a | 7 | | licensee for his or her failure to submit to a mental or | 8 | | physical examination when directed, a hearing must be convened | 9 | | by the Department within 15 days after the suspension and | 10 | | completed without appreciable delay. | 11 | | If the Secretary otherwise suspends a license pursuant to | 12 | | the results of the licensee's mental or physical examination, a | 13 | | hearing must be convened by the Department within 15 days after | 14 | | the suspension and completed without appreciable delay. The | 15 | | Department and Board shall have the authority to review the | 16 | | licensee's record of treatment and counseling regarding the | 17 | | relevant impairment or impairments to the extent permitted by | 18 | | applicable federal statutes and regulations safeguarding the | 19 | | confidentiality of medical records. | 20 | | Any licensee suspended under this subsection (a-5) shall be | 21 | | afforded an opportunity to demonstrate to the Department or | 22 | | Board that he or she can resume practice in compliance with the | 23 | | acceptable and prevailing standards under the provisions of his | 24 | | or her license.
| 25 | | (b) The determination by a circuit court that a registrant | 26 | | is subject
to involuntary admission or judicial admission as |
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| 1 | | provided in the Mental
Health and Developmental Disabilities | 2 | | Code , as now or hereafter amended,
operates as an automatic | 3 | | suspension. Such suspension will end only upon
a finding by a | 4 | | court that the patient is no longer subject to
involuntary | 5 | | admission or judicial admission, the issuance of an order
so | 6 | | finding and discharging the patient, and the recommendation of | 7 | | the Board to
the Secretary Director that the registrant be | 8 | | allowed to resume practice.
| 9 | | (c) In cases where the Department of Healthcare and Family | 10 | | Services (formerly the Department of Public Aid) has previously | 11 | | determined that a licensee or a potential licensee is more than | 12 | | 30 days delinquent in the payment of child support and has | 13 | | subsequently certified the delinquency to the Department, the | 14 | | Department shall refuse to issue or renew or shall revoke or | 15 | | suspend that person's license or shall take other disciplinary | 16 | | action against that person based solely upon the certification | 17 | | of delinquency made by the Department of Healthcare and Family | 18 | | Services in accordance with paragraph (5) of subsection (a) of | 19 | | Section 2105-15 of the Department of Professional Regulation | 20 | | Law of the Civil Administrative Code of Illinois. | 21 | | (d) The Department shall refuse to issue or renew or shall | 22 | | revoke or suspend a person's license or shall take other | 23 | | disciplinary action against that person for his or her failure | 24 | | to file a return, to pay the tax, penalty, or interest shown in | 25 | | a filed return, or to pay any final assessment of tax, penalty, | 26 | | or interest as required by any tax Act administered by the |
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| 1 | | Department of Revenue, until the requirements of the tax Act | 2 | | are satisfied in accordance with subsection (g) of Section | 3 | | 2105-15 of the Department of Professional Regulation Law of the | 4 | | Civil Administrative Code of Illinois. | 5 | | (Source: P.A. 100-872, eff. 8-14-18.)
| 6 | | (225 ILCS 325/25) (from Ch. 111, par. 5225)
| 7 | | (Section scheduled to be repealed on January 1, 2020)
| 8 | | Sec. 25. Violations; Injunction; cease Cease and desist | 9 | | order.
| 10 | | (a) If any person or other entity violates the provisions | 11 | | of this Act, the Secretary
Director , in the name of the People | 12 | | of the State of Illinois, through the
Attorney General of the | 13 | | State of Illinois or the State's Attorney of the county
in | 14 | | which the violation is alleged to have occurred, may petition | 15 | | the circuit
court for an order enjoining such violation or for | 16 | | an order enforcing
compliance with this Act. Upon the filing of | 17 | | a verified petition, the court
may issue a temporary | 18 | | restraining order, without bond, and may preliminarily
and | 19 | | permanently enjoin such violation. If it is established that | 20 | | such person or
other entity has violated or is violating the | 21 | | injunction, the court may punish
the offender for contempt of | 22 | | court. Proceedings under this Section shall be in
addition to, | 23 | | and not in lieu of, all other remedies and penalties provided | 24 | | by
this Act.
| 25 | | (b) (Blank). If any person practices as a professional |
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| 1 | | engineer or holds
himself out as such, without being licensed | 2 | | under the provisions of this
Act, then any professional | 3 | | engineer, or any interested party or any
person injured thereby | 4 | | may, in addition to the Director, petition for
relief as | 5 | | provided in this Section.
| 6 | | (c) (Blank)
| 7 | | (d) Whenever in the opinion of the Department, any person | 8 | | or other entity
violates any provision of this Act, the | 9 | | Department may issue a notice to show
cause why an order to | 10 | | cease and desist should not be entered against that
person or | 11 | | other entity. The rule shall clearly set forth the grounds | 12 | | relied
upon by the Department and shall provide a period of 7 | 13 | | days from the date of
the rule to file an answer to the | 14 | | satisfaction of the Department. Failure to
answer to the | 15 | | satisfaction of the Department shall cause an order to cease | 16 | | and
desist to be issued immediately.
| 17 | | (Source: P.A. 88-428; 88-595, eff. 8-26-94 .)
| 18 | | (225 ILCS 325/26) (from Ch. 111, par. 5226)
| 19 | | (Section scheduled to be repealed on January 1, 2020)
| 20 | | Sec. 26. Investigations; notice and hearing. | 21 | | (a) The Department may investigate the actions of any | 22 | | applicant or of any person or entity holding or claiming to | 23 | | hold a license or registration under this Act. | 24 | | (b) Before the initiation of a formal complaint, the matter | 25 | | shall be reviewed by a subcommittee of the Board according to |
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| 1 | | procedures established by rule for the Complaint Committee. If | 2 | | a subcommittee has not been formed, the matter shall proceed | 3 | | through the process as stated in subsection (c) of this | 4 | | Section. | 5 | | (c) The Department shall, before disciplining an applicant | 6 | | or licensee, at least 30 days before the date set for the | 7 | | hearing, (i) notify in writing the applicant or licensee of the | 8 | | charges made and the time and place for the hearing on the | 9 | | charges, (ii) direct the applicant or licensee to file a | 10 | | written answer to the charges under oath within 20 days after | 11 | | the service of the notice, and (iii) inform the applicant or | 12 | | licensee that failure to file a written answer to the charges | 13 | | will result in a default being entered against the applicant or | 14 | | licensee. | 15 | | (d) Written or electronic notice, and any notice in the | 16 | | subsequent proceeding, may be served by personal delivery, by | 17 | | email, or by mail to the applicant or licensee at his or her | 18 | | address of record or email address of record. | 19 | | (e) At the time and place fixed in the notice, the Board or | 20 | | hearing officer appointed by the Secretary shall proceed to | 21 | | hear the charges, and the parties or their counsel shall be | 22 | | accorded ample opportunity to present any statement, | 23 | | testimony, evidence, and argument as may be pertinent to the | 24 | | charges or to their defense. The Board or hearing officer may | 25 | | continue the hearing from time to time. | 26 | | (f) In case the licensee or applicant, after receiving the |
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| 1 | | notice, fails to file an answer, the license or application | 2 | | may, in the discretion of the Secretary, having first received | 3 | | the recommendation of the Board, be suspended, revoked, or | 4 | | placed on probationary status, or be subject to whatever | 5 | | disciplinary action the Secretary considers proper, including | 6 | | limiting the scope, nature, or extent of the person's practice | 7 | | or imposition of a fine, without hearing, if the act or acts | 8 | | charged constitute sufficient grounds for the action under this | 9 | | Act. | 10 | | The Department may
investigate the actions of any applicant or | 11 | | of any person or entity
holding or claiming to hold a license | 12 | | or registration or offering professional
engineering services. | 13 | | Before the initiation of an investigation, the matter
shall be | 14 | | reviewed by a subcommittee of the Board according to procedure
| 15 | | established by rule for the Complaint Committee. The Department | 16 | | shall,
before refusing to issue, restore or renew a license or | 17 | | registration or
otherwise discipline a licensee or registrant, | 18 | | at least 30 days prior to the
date set for the hearing, notify | 19 | | in writing the applicant for, or holder of, a
license or | 20 | | registration of the nature of the charges, that a hearing will | 21 | | be
held on the date designated, and direct the applicant or | 22 | | entity or licensee or
registrant to file a written answer to | 23 | | the Department under oath within 20 days
after the service of | 24 | | the notice and inform the applicant or entity or licensee
or | 25 | | registrant that failure to file an answer will result in | 26 | | default being taken
against the applicant or entity or licensee |
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| 1 | | or registrant and that the license
or certificate may be | 2 | | suspended, revoked, placed on probationary status, or
other | 3 | | disciplinary action may be taken, including limiting the scope, | 4 | | nature or
extent of practice, as the Secretary may deem proper. | 5 | | Written notice may be
served by personal delivery or certified | 6 | | or registered mail to the respondent
at the address of record. | 7 | | In case the person or
entity fails to file an answer after | 8 | | receiving notice as provided in this Section, his or her | 9 | | license or
certificate may, in the discretion of the | 10 | | Department, be suspended, revoked, or
placed on probationary | 11 | | status, or the Department may take whatever disciplinary
action | 12 | | deemed proper, including limiting the scope, nature, or extent | 13 | | of the
person's practice or the imposition of a fine, without a | 14 | | hearing, if the act or
acts charged constitute sufficient | 15 | | grounds for such action under this Act. At
the time and place | 16 | | fixed in the notice, the Board shall proceed to hear the
| 17 | | charges and the parties or their counsel shall be accorded | 18 | | ample opportunity to
present such statements, testimony, | 19 | | evidence and argument as may be pertinent
to the charges or to | 20 | | their defense. The Board may continue the hearing from
time to | 21 | | time.
| 22 | | (Source: P.A. 96-626, eff. 8-24-09.)
| 23 | | (225 ILCS 325/27) (from Ch. 111, par. 5227)
| 24 | | (Section scheduled to be repealed on January 1, 2020)
| 25 | | Sec. 27. Record of proceedings Stenographer; transcript . |
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| 1 | | (a) The Department, at its expense, shall provide a | 2 | | certified shorthand 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 or suspended or in which a | 5 | | licensee may be placed on probationary status, reprimanded, | 6 | | fined, or subjected to other disciplinary action with reference | 7 | | to the license when a disciplinary action is authorized under | 8 | | this Act and its rules. The notice of hearing, complaint, and | 9 | | all other documents in the nature of pleadings and written | 10 | | motions filed in the proceedings, the transcript of the | 11 | | testimony, the report of the Board, and the orders of the | 12 | | Department shall be the record of the proceedings. The record | 13 | | may be made available to any person interested in the hearing | 14 | | upon payment of the fee required by Section 2105-115 of the | 15 | | Department of Professional Regulation Law of the Civil | 16 | | Administrative Code of Illinois. | 17 | | (b) The Department may contract for court reporting | 18 | | services, and, if it does so, the Department shall provide the | 19 | | name and contact information for the certified shorthand | 20 | | reporter who transcribed the testimony at a hearing to any | 21 | | person interested, who may obtain a copy of the transcript of | 22 | | any proceedings at a hearing upon payment of the fee specified | 23 | | by the certified shorthand reporter. | 24 | | The Department, at its
expense, shall preserve a record of all | 25 | | proceedings at the formal
hearing of any case involving the | 26 | | refusal to issue, restore or renew a
license or otherwise |
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| 1 | | discipline a registrant. The notice of hearing,
complaint and | 2 | | all other documents in the nature of pleadings and written
| 3 | | motions filed in the proceedings, the transcript of testimony, | 4 | | the
report of the Board and orders of the Department shall be | 5 | | in the record
of the proceeding. The Department shall furnish a | 6 | | transcript
of the
record to any person interested in the | 7 | | hearing upon payment of
the fee
required under Section 2105-115 | 8 | | of the Department of Professional
Regulation Law (20 ILCS | 9 | | 2105/2105-115).
| 10 | | (Source: P.A. 91-239, eff. 1-1-00 .)
| 11 | | (225 ILCS 325/27.5) | 12 | | (Section scheduled to be repealed on January 1, 2020)
| 13 | | Sec. 27.5. Subpoenas; depositions; oaths. | 14 | | (a) The Department has the power to subpoena documents, | 15 | | books, records, or other materials, to bring before it any | 16 | | person, and to take testimony either orally or by deposition, | 17 | | or take written interrogatories, or any combination thereof, | 18 | | with the same fees and mileage and in the same manner | 19 | | prescribed in civil cases in courts of this State. | 20 | | (b) The Secretary, the designated hearing officer, and | 21 | | every member of the Board has the power to administer oaths to | 22 | | witnesses at any hearing that the Department is authorized to | 23 | | conduct and any other oaths authorized in any Act administered | 24 | | by the Department.
| 25 | | (Source: P.A. 96-626, eff. 8-24-09.)
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| 1 | | (225 ILCS 325/29) (from Ch. 111, par. 5229)
| 2 | | (Section scheduled to be repealed on January 1, 2020)
| 3 | | Sec. 29. Hearing; motion for rehearing Notice of hearing; | 4 | | Findings and recommendations . | 5 | | (a) The Board or hearing officer appointed by the Secretary | 6 | | shall hear evidence in support of the formal charges and | 7 | | evidence produced by the licensee. At the conclusion of the | 8 | | hearing, the Board or hearing officer shall present to the | 9 | | Secretary a written report of its findings of fact, conclusions | 10 | | of law, and recommendations. If the Board fails to present its | 11 | | report, the applicant or licensee may request in writing a | 12 | | direct appeal to the Secretary, in which case the Secretary may | 13 | | issue an order based upon the report of the hearing officer and | 14 | | the record of the proceedings or issue an order remanding the | 15 | | matter back to the hearing officer for additional proceedings | 16 | | in accordance with the order. | 17 | | (b) At the conclusion of the hearing, a copy of the Board | 18 | | or hearing officer's report shall be served upon the applicant | 19 | | or licensee, either personally or as provided in this Act for | 20 | | the service of the notice of hearing. Within 20 calendar days | 21 | | after such service, the applicant or licensee may present to | 22 | | the Department a motion, in writing, for a rehearing which | 23 | | shall specify the particular grounds for rehearing. The | 24 | | Department may respond to the motion for rehearing within 20 | 25 | | calendar days after its service on the Department. If no motion |
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| 1 | | for rehearing is filed, then upon the expiration of the time | 2 | | specified for filing such a motion, or upon denial of a motion | 3 | | for rehearing, the Secretary may enter an order in accordance | 4 | | with the recommendations of the Board or hearing officer. If | 5 | | the applicant or licensee orders from the reporting service and | 6 | | pays for a transcript of the record within the time for filing | 7 | | a motion for rehearing, the 20 calendar day period within which | 8 | | a motion may be filed shall commence upon delivery of the | 9 | | transcript to the applicant or licensee. | 10 | | (c) If the Secretary disagrees in any regard with the | 11 | | report of the Board, the Secretary may issue an order contrary | 12 | | to the report. The Secretary shall notify the Board on any such | 13 | | deviation and shall specify with particularity the reasons for | 14 | | such action in the final order. | 15 | | (d) Whenever the Secretary is not satisfied that | 16 | | substantial justice has been done, the Secretary may order a | 17 | | hearing by the same or another hearing officer. | 18 | | (e) At any point in any investigation or disciplinary | 19 | | proceeding provided for in this Act, both parties may agree to | 20 | | a negotiated consent order. The consent order shall be final | 21 | | upon signature of the Secretary. | 22 | | At
the conclusion of the hearing, the Board shall present to | 23 | | the Secretary a
written report of its finding and | 24 | | recommendations. The report shall
contain a finding whether or | 25 | | not the accused person violated this Act or
its rules or failed | 26 | | to comply with the conditions required in this Act
or its |
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| 1 | | rules. The Board shall specify the nature of the violation or
| 2 | | failure to comply, and shall make its recommendations to the | 3 | | Secretary. The
Board may take into consideration in making its | 4 | | recommendations for
discipline all facts and circumstances | 5 | | bearing upon the reasonableness of
the conduct of the | 6 | | respondent and the potential for future harm to the
public, | 7 | | including but not limited to previous discipline by the | 8 | | Department,
intent, degree of harm to the public and likelihood | 9 | | of harm in the future,
any restitution made, and whether the | 10 | | incident or incidents complained of
appear to be isolated or a | 11 | | pattern of conduct. In making its
recommendations for | 12 | | discipline, the Board shall endeavor to ensure that the
| 13 | | severity of the discipline recommended bears some reasonable | 14 | | relationship
to the severity of the violation. The report of | 15 | | findings of fact,
conclusions of law and recommendation of the | 16 | | Board shall be the basis for
the Department's order refusing to | 17 | | issue, restore or renew a license, or
otherwise discipline a | 18 | | registrant. If the Secretary disagrees in any regard
with the | 19 | | report of the Board, the Secretary may issue an order in
| 20 | | contravention thereof, following the procedures set forth in | 21 | | Section 7.
The Secretary shall provide a written report to the | 22 | | Board on any deviation,
and shall specify with particularity | 23 | | the reasons for said action. The
finding is not admissible in | 24 | | evidence against the person in a criminal
prosecution brought | 25 | | for the violation of this Act, but the hearing and
finding are | 26 | | not a bar to a criminal prosecution brought for the violation
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| 1 | | of this Act.
| 2 | | (Source: P.A. 96-626, eff. 8-24-09.)
| 3 | | (225 ILCS 325/31.5 new) | 4 | | Sec. 31.5. Confidentiality. All information collected by | 5 | | the Department in the course of an examination or investigation | 6 | | of a licensee or applicant, including, but not limited to, any | 7 | | complaint against a licensee filed with the Department and | 8 | | information collected to investigate any such complaint, shall | 9 | | be maintained for the confidential use of the Department and | 10 | | shall not be disclosed. The Department may not disclose the | 11 | | information to anyone other than law enforcement officials, | 12 | | other regulatory agencies that have an appropriate regulatory | 13 | | interest as determined by the Secretary, or a party presenting | 14 | | a lawful subpoena to the Department. Information and documents | 15 | | disclosed to a federal, State, county, or local law enforcement | 16 | | agency shall not be disclosed by the agency for any purpose to | 17 | | any other agency or person. A formal complaint filed against a | 18 | | licensee by the Department or any order issued by the | 19 | | Department against a licensee or applicant shall be a public | 20 | | record, except as otherwise prohibited by law.
| 21 | | (225 ILCS 325/32) (from Ch. 111, par. 5232)
| 22 | | (Section scheduled to be repealed on January 1, 2020)
| 23 | | Sec. 32. Hearing Appointment of a hearing officer. | 24 | | Notwithstanding any provision in this Act, the Secretary has |
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| 1 | | the authority to appoint an attorney duly licensed to practice | 2 | | law in the State of Illinois to serve as the hearing officer in | 3 | | any action for refusal to issue or renew a license or | 4 | | discipline a licensee. The Board may have at least one member | 5 | | present at any hearing conducted by the hearing officer. The | 6 | | hearing officer shall have full authority to conduct the | 7 | | hearing. The hearing officer shall report his or her findings | 8 | | of fact, conclusions of law, and recommendations to the Board | 9 | | and to the Secretary. If Notwithstanding the provisions
of | 10 | | Section 26, the Secretary has the authority to appoint any | 11 | | attorney
duly registered to practice law in the State of | 12 | | Illinois to serve as the
hearing officer in any action for | 13 | | refusal to issue, restore or renew a
license or to discipline a | 14 | | registrant. The hearing officer has full
authority to conduct | 15 | | the hearing. The hearing officer shall report the
findings and | 16 | | recommendations to the Board and the Secretary. The Board
has | 17 | | 60 days from receipt of the report to review the report of the
| 18 | | hearing officer and present its findings of fact, conclusions | 19 | | of law and
recommendations to the Secretary. If the Board fails | 20 | | to present its
report within the 60 day period, the Secretary | 21 | | shall issue an order based
on the report of the hearing officer | 22 | | except as herein noted. However,
if the Secretary disagrees in | 23 | | any regard with the report of the Board or
hearing officer, the | 24 | | Secretary may issue an order in contravention
thereof, | 25 | | following the procedures set forth in Section 7. The Secretary
| 26 | | shall provide a written report to the Board on any deviation,
|
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| 1 | | and shall specify with particularity the reasons for said | 2 | | action.
| 3 | | (Source: P.A. 96-626, eff. 8-24-09.)
| 4 | | (225 ILCS 325/34) (from Ch. 111, par. 5234)
| 5 | | (Section scheduled to be repealed on January 1, 2020)
| 6 | | Sec. 34. Restoration from disciplinary status of suspended | 7 | | or revoked license . | 8 | | (a) At any
time after the successful completion of a term | 9 | | of probation, suspension, or revocation , or probation of any | 10 | | license under this Act , the Department
may restore the license | 11 | | it to the licensee accused person, after review and upon the | 12 | | written recommendation of
the Board, unless after an | 13 | | investigation and a hearing, the Department
determines that | 14 | | restoration is not in the public interest.
| 15 | | (b) Where circumstances of suspension or revocation so | 16 | | indicate, the Department may require an examination of the | 17 | | licensee prior to restoring his or her license. | 18 | | (c) No person whose license has been revoked as authorized | 19 | | in this Act may apply for restoration of that license until | 20 | | such time as provided for in the Department of Professional | 21 | | Regulation Law of the Civil Administrative Code of Illinois. | 22 | | (d) A license that has been suspended or revoked shall be | 23 | | considered nonrenewed for purposes of restoration and a | 24 | | licensee restoring his or her license from suspension or | 25 | | revocation must comply with the requirements for restoration as |
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| 1 | | set forth in Section 17 and any related rules adopted. | 2 | | (Source: P.A. 96-626, eff. 8-24-09.)
| 3 | | (225 ILCS 325/37) (from Ch. 111, par. 5237)
| 4 | | (Section scheduled to be repealed on January 1, 2020)
| 5 | | Sec. 37. Administrative review ; Venue . | 6 | | (a) All final
administrative decisions of the Department | 7 | | are subject to judicial
review pursuant to the provisions of | 8 | | the Administrative Review Law and
all rules adopted pursuant | 9 | | thereto. The term "administrative decision"
is defined as in | 10 | | Section 3-101 of the Code of Civil Procedure.
| 11 | | (b) Proceedings for judicial review shall be commenced in | 12 | | the circuit
court of the county in which the party applying for | 13 | | review resides, but
if the party is not a resident of this | 14 | | State, the venue shall be in
Sangamon County.
| 15 | | (c) The Department shall not be required to certify any | 16 | | record to the court or file any answer in court or to otherwise | 17 | | appear in any court in a judicial review proceeding until the | 18 | | Department has received from the plaintiff payment of the costs | 19 | | of furnishing and certifying the record, which costs shall be | 20 | | determined by the Department. | 21 | | (d) Failure on the part of the plaintiff to file a receipt | 22 | | in court shall be grounds for dismissal of the action. | 23 | | (e) During the pendency and hearing of any and all judicial | 24 | | proceedings incident to a disciplinary action, the sanctions | 25 | | imposed upon the accused by the Department shall remain in full |
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| 1 | | force and effect. | 2 | | (Source: P.A. 86-667 .)
| 3 | | (225 ILCS 325/41) (from Ch. 111, par. 5241)
| 4 | | (Section scheduled to be repealed on January 1, 2020)
| 5 | | Sec. 41. Violation; political subdivisions, county, city | 6 | | or town; construction Political subdivisions, County, City or
| 7 | | Town; Construction without professional engineer. It is | 8 | | unlawful for
the State or any of its political subdivisions, or | 9 | | any county, city or
town to engage in the construction of any | 10 | | public work involving
professional engineering , unless the | 11 | | engineering plan, specifications ,
and estimates have been | 12 | | prepared by, and the construction is executed
under, the | 13 | | guidance of a professional engineer licensed under this Act.
| 14 | | (Source: P.A. 86-667 .)
| 15 | | (225 ILCS 325/44) (from Ch. 111, par. 5244)
| 16 | | (Section scheduled to be repealed on January 1, 2020)
| 17 | | Sec. 44. Fund; appropriations; investments; audits. Moneys
| 18 | | deposited into in the Design Professionals Administration and | 19 | | Investigation
Fund shall be appropriated to the Department | 20 | | exclusively for expenses of
the Department and the Board in the | 21 | | administration of this Act, the Illinois
Professional Land | 22 | | Surveyor Act of 1989, the Illinois Architecture Practice
Act, | 23 | | and the Structural Engineering Practice Act of 1989. The | 24 | | expenses of
the Department under this Act shall be limited to |
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| 1 | | the ordinary and
contingent expenses of the Design | 2 | | Professionals Dedicated Employees within
the Department as | 3 | | established under Section 2105-75 of the
Department of | 4 | | Professional Regulation Law of the Civil Administrative Code of | 5 | | Illinois (20 ILCS 2105/2105-75) and other
expenses related to | 6 | | the
administration and enforcement of this Act.
| 7 | | Moneys from the Fund may also be used for direct and | 8 | | allocable indirect
costs related to the public purposes of the | 9 | | Department of Professional
Regulation . Moneys in the Fund may | 10 | | be transferred to the Professions Indirect
Cost Fund as | 11 | | authorized by Section 2105-300 of the Department of
| 12 | | Professional Regulation Law of the Civil Administrative Code of | 13 | | Illinois (20 ILCS 2105/2105-300) .
| 14 | | Moneys in the Design Professionals Administration and | 15 | | Investigation
Fund may be invested and reinvested with all | 16 | | earnings received from
the investments to be deposited into in | 17 | | the Design Professionals
Administration and Investigation Fund | 18 | | and used for the same purposes as
fees deposited into in the | 19 | | Fund.
| 20 | | All fines and penalties under Sections Section 21 and 24 , | 21 | | Section 39, Section 42, and Section
43 shall be
deposited into | 22 | | in the Design Professionals Administration and Investigation | 23 | | Fund.
| 24 | | Upon the completion of any audit of the Department as | 25 | | prescribed by
the Illinois State Auditing Act that audit | 26 | | includes an audit of the
Design Professionals Administration |
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| 1 | | and Investigation Fund, the
Department shall make the audit | 2 | | report open to inspection by any
interested person. The copy of | 3 | | the audit report required to be
submitted to the Department by | 4 | | this Section is in addition to copies of
audit reports required | 5 | | to be submitted to other State officers and
agencies by Section | 6 | | 3-14 of the Illinois State Auditing Act.
| 7 | | (Source: P.A. 91-91, eff. 1-1-00; 91-92, eff. 1-1-00; 91-239, | 8 | | eff. 1-1-00;
92-16, eff. 6-28-01 .)
| 9 | | (225 ILCS 325/45) (from Ch. 111, par. 5245)
| 10 | | (Section scheduled to be repealed on January 1, 2020)
| 11 | | Sec. 45. Illinois Administrative Procedure Act; | 12 | | application. The Illinois
Administrative Procedure Act is | 13 | | hereby expressly adopted and incorporated
herein as if all of | 14 | | the provisions of Act were included in this Act, except
that | 15 | | the provision of subsection (d) of Section 10-65 of the | 16 | | Illinois
Administrative Procedure Act that provides that at | 17 | | hearings the registrant has
the right to show compliance with | 18 | | all lawful requirements for retention,
continuation or renewal | 19 | | of the license is specifically excluded. For the
purpose of | 20 | | this Act the notice required under Section 10-25 of the | 21 | | Illinois
Administrative Procedure Act is deemed sufficient | 22 | | when mailed to the last known
address of record or emailed to | 23 | | the email address of record of a party .
| 24 | | (Source: P.A. 88-45 .)
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| 1 | | (225 ILCS 325/47) (from Ch. 111, par. 5247)
| 2 | | (Section scheduled to be repealed on January 1, 2020)
| 3 | | Sec. 47. Practice of structural engineering or | 4 | | architecture.
| 5 | | (a) No professional engineer may practice
structural | 6 | | engineering as defined in the Structural Engineering Practice | 7 | | Act
of 1989 unless he or she is licensed under
the provisions | 8 | | of that Act.
| 9 | | (b) No professional engineer may practice architecture as | 10 | | defined in
the Illinois Architecture Practice Act of 1989 | 11 | | unless he or she is licensed
under the provisions of that Act.
| 12 | | (Source: P.A. 91-91, eff. 1-1-00; 92-16, eff. 6-28-01 .)
| 13 | | (225 ILCS 325/48) (from Ch. 111, par. 5248)
| 14 | | (Section scheduled to be repealed on January 1, 2020)
| 15 | | Sec. 48. Construction of Act; existing Existing | 16 | | injunctions. The
provisions of this Act, insofar as they are | 17 | | the same or substantially
the same as those of any prior law, | 18 | | shall be construed as a continuation
of such prior law and not | 19 | | as a new enactment.
| 20 | | Any existing injunction or temporary restraining order | 21 | | validly
obtained under The Illinois Professional Engineering | 22 | | Act, approved July
20, 1945, as amended, which prohibits | 23 | | unlicensed practice of
professional engineering or prohibits | 24 | | or requires any other conduct in
connection with the practice | 25 | | of professional engineering shall not be
invalidated by the |
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| 1 | | enactment of this Act and shall continue to have full
force and | 2 | | effect on and after the effective date of this Act.
| 3 | | (Source: P.A. 86-667 .)
| 4 | | (225 ILCS 325/21 rep.) | 5 | | (225 ILCS 325/30 rep.) | 6 | | (225 ILCS 325/31 rep.) | 7 | | (225 ILCS 325/38 rep.) | 8 | | (225 ILCS 325/39 rep.) | 9 | | (225 ILCS 325/40 rep.) | 10 | | (225 ILCS 325/42 rep.) | 11 | | (225 ILCS 325/43 rep.) | 12 | | Section 15. The Professional Engineering Practice Act of | 13 | | 1989 is amended by repealing Sections 21, 30, 31 38, 39, 40, 42 | 14 | | and, 43. | 15 | | Section 99. Effective date. This Act takes effect upon | 16 | | becoming law. |
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