Illinois General Assembly - Full Text of HB5693
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Full Text of HB5693  98th General Assembly




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1    AN ACT concerning regulation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Architecture Practice Act of 1989
5is amended by changing Sections 3, 8, 9, 10, 12, 14, 16, 17,
621, 23, and 36 and by adding Section 37.5 as follows:
7    (225 ILCS 305/3)  (from Ch. 111, par. 1303)
8    (Section scheduled to be repealed on January 1, 2020)
9    Sec. 3. Application of Act. Nothing in this Act shall be
10deemed or construed to prevent the practice of structural
11engineering as defined in the Structural Engineering Practice
12Act of 1989, the practice of professional engineering as
13defined in the Professional Engineering Practice Act of 1989,
14or the preparation of documents used to prescribe work to be
15done inside buildings for non-loadbearing interior
16construction, furnishings, fixtures and equipment, or the
17offering or preparation of environmental analysis, feasibility
18studies, programming or construction management services by
19persons other than those licensed in accordance with this Act,
20the Structural Engineering Practice Act of 1989 or the
21Professional Engineering Practice Act of 1989.
22    Nothing contained in this Act shall prevent the draftsmen,
23students, project representatives and other employees of those



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1lawfully practicing as licensed architects under the
2provisions of this Act, from acting under the responsible
3control of their employers, or to prevent the employment of
4project representatives for enlargement or alteration of
5buildings or any parts thereof, or prevent such project
6representatives from acting under the responsible control of
7the licensed architect by whom the construction documents
8including drawings and specifications of any such building,
9enlargement or alteration were prepared.
10    Nothing in this Act or any other Act shall prevent an a
11licensed architect from practicing interior design services.
12Nothing in this Act shall be construed as requiring the
13services of an interior designer for the interior designing of
14a single family residence.
15    The involvement of an a licensed architect is not required
16for the following:
17        (A) The building, remodeling or repairing of any
18    building or other structure outside of the corporate limits
19    of any city or village, where such building or structure is
20    to be, or is used for farm purposes, or for the purposes of
21    outbuildings or auxiliary buildings in connection with
22    such farm premises.
23        (B) The construction, remodeling or repairing of a
24    detached single family residence on a single lot.
25        (C) The construction, remodeling or repairing of a
26    two-family residence of wood frame construction on a single



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1    lot, not more than two stories and basement in height.
2        (D) Interior design services for buildings which do not
3    involve life safety or structural changes.
4    However, when an ordinance of a unit of local government
5requires the involvement of an a licensed architect for any
6buildings included in the preceding paragraphs (A) through (D),
7the requirements of this Act shall apply. All buildings not
8included in the preceding paragraphs (A) through (D), including
9multi-family buildings and buildings previously exempt from
10the involvement of an a licensed architect under those
11paragraphs but subsequently non-exempt due to a change in
12occupancy or use, are subject to the requirements of this Act.
13Interior alterations which result in life safety or structural
14changes of the building are subject to the requirements of this
16(Source: P.A. 96-610, eff. 8-24-09.)
17    (225 ILCS 305/8)  (from Ch. 111, par. 1308)
18    (Section scheduled to be repealed on January 1, 2020)
19    Sec. 8. Powers and duties of the Department.
20    (1) Subject to the provisions of this Act, the Department
21shall exercise the following functions, powers, and duties:
22        (a) conduct examinations to ascertain the
23    qualifications and fitness of applicants for licensure as
24    licensed architects, and pass upon the qualifications and
25    fitness of applicants for licensure by endorsement;



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1        (b) prescribe rules for a method of examination of
2    candidates;
3        (c) prescribe rules defining what constitutes a
4    school, college or university, or department of a
5    university, or other institution, reputable and in good
6    standing, to determine whether or not a school, college or
7    university, or department of a university, or other
8    institution is reputable and in good standing by reference
9    to compliance with such rules, and to terminate the
10    approval of such school, college or university or
11    department of a university or other institution that
12    refuses admittance to applicants solely on the basis of
13    race, color, creed, sex or national origin. The Department
14    may adopt, as its own rules relating to education
15    requirements, those guidelines published from time to time
16    by the National Architectural Accrediting Board;
17        (d) prescribe rules for diversified professional
18    training;
19        (e) conduct oral interviews, disciplinary conferences
20    and formal evidentiary hearings on proceedings to impose
21    fines or to suspend, revoke, place on probationary status,
22    reprimand, and refuse to issue or restore any license
23    issued under the provisions of this Act for the reasons set
24    forth in Section 22 of this Act;
25        (f) issue licenses to those who meet the requirements
26    of this Act;



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1        (g) formulate and publish rules necessary or
2    appropriate to carrying out the provisions of this Act;
3        (h) maintain membership in the National Council of
4    Architectural Registration Boards and participate in
5    activities of the Council by designation of individuals for
6    the various classifications of membership and the
7    appointment of delegates for attendance at regional and
8    national meetings of the Council. All costs associated with
9    membership and attendance of such delegates to any national
10    meetings may be funded from the Design Professionals
11    Administration and Investigation Fund; and
12        (i) review such applicant qualifications to sit for the
13    examination or for licensure that the Board designates
14    pursuant to Section 10 of this Act.
15    (2) Upon the issuance of any final decision or order that
16deviates from any report or recommendation of the Board
17relating to the qualification of applicants, discipline of
18licensees or registrants, or promulgation of rules, the
19Secretary shall notify the Board with an explanation of the
20deviation and provide a reasonable time for the Board to submit
21comments to the Secretary regarding the final decision or
22order. The Department may at any time seek the expert advice
23and knowledge of the Board on any matter relating to the
24enforcement of this Act.
25    (3) The Department may in its discretion, but shall not be
26required to, employ or utilize the legal services of outside



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1counsel and the investigative services of outside personnel to
2assist the Department. However, no attorney employed or used by
3the Department shall prosecute a matter or provide legal
4services to the Department or Board with respect to the same
6(Source: P.A. 96-610, eff. 8-24-09.)
7    (225 ILCS 305/9)  (from Ch. 111, par. 1309)
8    (Section scheduled to be repealed on January 1, 2020)
9    Sec. 9. Creation of the Board. The Director shall appoint
10an Architecture Licensing Board which will consist of 6
11members. Five members shall be licensed architects, one of whom
12shall be a tenured member of the architectural faculty of an
13Illinois public university accredited by the National
14Architectural Accrediting Board. The other 4 shall be licensed
15architects, residing in this State, who have been engaged in
16the practice of architecture at least 10 years. In addition to
17the 5 licensed architects, there shall be one public member.
18The public member shall be a voting member and shall not hold a
19license as an architect, professional engineer, structural
20engineer or land surveyor.
21    Board members shall serve 5 year terms and until their
22successors are appointed and qualified. In making the
23designation of persons to the Board, the Director shall give
24due consideration to recommendations by members and
25organizations of the profession.



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1    The membership of the Board should reasonably reflect
2representation from the geographic areas in this State.
3    No member shall be reappointed to the Board for a term
4which would cause his or her continuous service on the Board to
5be longer than 10 successive years. Service prior to the
6effective date of this Act shall not be considered.
7    Appointments to fill vacancies shall be made in the same
8manner as original appointments, for the unexpired portion of
9the vacated term. Initial terms shall begin upon the effective
10date of this Act and Board members in office on that date under
11the predecessor Act may be appointed to specific terms as
12indicated in this Section.
13    Persons holding office as members of the Board under the
14Illinois Architecture Act immediately prior to the effective
15date of this Act shall continue as members of the Board under
16this Act until the expiration of the term for which they were
17appointed and until their successors are appointed and
19    Four members of the Board shall constitute a quorum. A
20quorum is required for Board decisions.
21    The Director may remove any member of the Board for
22misconduct, incompetence, neglect of duty, or for reasons
23prescribed by law for removal of State officials.
24    The Director may remove a member of the Board who does not
25attend 2 consecutive meetings.
26    Notice of proposed rulemaking shall be transmitted to the



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1Board and the Department shall review the response of the Board
2and any recommendations made therein. The Department may, at
3any time, seek the expert advice and knowledge of the Board on
4any matter relating to the administration or enforcement of
5this Act.
6    Members of the Board are immune from suit in any action
7based upon any disciplinary proceedings or other activities
8performed in good faith as members of the Board.
9(Source: P.A. 96-610, eff. 8-24-09.)
10    (225 ILCS 305/10)  (from Ch. 111, par. 1310)
11    (Section scheduled to be repealed on January 1, 2020)
12    Sec. 10. Powers and duties of the Board.
13    (a) The Board shall hold at least 3 regular meetings each
15    (b) The Board shall annually elect a Chairperson and a Vice
16Chairperson who shall be licensed architects.
17    (c) The Board, upon request by the Department, may make a
18curriculum evaluation to determine if courses conform to the
19requirements of approved architectural programs.
20    (d) The Board shall assist the Department in conducting
21oral interviews, disciplinary conferences and formal
22evidentiary hearings.
23    (e) The Department may, at any time, seek the expert advice
24and knowledge of the Board on any matter relating to the
25enforcement of this Act.



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1    (f) The Board may appoint a subcommittee to serve as a
2Complaint Committee to recommend the disposition of case files
3according to procedures established by rule in 68 Ill. Adm.
4Code 1150.95, and any amendments or changes thereto.
5    (g) The Board shall review applicant qualifications to sit
6for the examination or for licensure and shall make
7recommendations to the Department except for those applicant
8qualifications that the Board designates as routinely
9acceptable. The Department shall review the Board's
10recommendations on applicant qualifications. The Secretary
11shall notify the Board with an explanation of any deviation
12from the Board's recommendation on applicant qualifications.
13After review of the Secretary's explanation of his or her
14reasons for deviation, the Board shall have the opportunity to
15comment upon the Secretary's decision.
16    (h) The Board may submit comments to the Secretary within a
17reasonable time from notification of any final decision or
18order from the Secretary that deviates from any report or
19recommendation of the Board relating to the qualifications of
20applicants, unlicensed practice, discipline of licensees or
21registrants, or promulgation of rules.
22    (i) The Board may recommend that the Department contract
23with an individual or a corporation or other business entity to
24assist in the providing of investigative, legal,
25prosecutorial, and other services necessary to perform its
26duties pursuant to subsection (3) of Section 8 of this Act.



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1(Source: P.A. 96-610, eff. 8-24-09.)
2    (225 ILCS 305/12)  (from Ch. 111, par. 1312)
3    (Section scheduled to be repealed on January 1, 2020)
4    Sec. 12. Examinations; subjects; failure or refusal to take
5examination. The Department shall authorize examination of
6applicants as architects at such times and places as it may
7determine. The examination shall be in English and shall be
8written or written and graphic. It shall include at a minimum
9the following subjects:
10        (a) pre-design (environmental analysis, architectural
11    programming, and application of principles of project
12    management and coordination);
13        (b) site planning (site analysis, design and
14    development, parking, and application of zoning
15    requirements);
16        (c) building planning (conceptual planning of
17    functional and space relationships, building design,
18    interior space layout, barrier-free design, and the
19    application of the life safety code requirements and
20    principles of energy efficient design);
21        (d) building technology (application of structural
22    systems, building components, and mechanical and
23    electrical systems);
24        (e) general structures (identification, resolution,
25    and incorporation of structural systems and the long span



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1    design on the technical aspects of the design of buildings
2    and the process and construction);
3        (f) lateral forces (identification and resolution of
4    the effects of lateral forces on the technical aspects of
5    the design of buildings and the process of construction);
6        (g) mechanical and electrical systems (as applied to
7    the design of buildings, including plumbing and acoustical
8    systems);
9        (h) materials and methods (as related to the design of
10    buildings and the technical aspects of construction); and
11        (i) construction documents and services (conduct of
12    architectural practice as it relates to construction
13    documents, bidding, and construction administration and
14    contractual documents from beginning to end of a building
15    project).
16    It shall be the responsibility of the applicant to be
17familiar with this Act and its rules.
18    Examination subject matter headings and bases on which
19examinations are graded shall be indicated in rules pertaining
20to this Act. The Department may adopt the examinations and
21grading procedures of the National Council of Architectural
22Registration Boards. Content of any particular examination
23shall not be considered public record under the Freedom of
24Information Act.
25    If an applicant neglects without an approved excuse or
26refuses to take the next available examination offered for



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1licensure under this Act, the fee paid by the applicant shall
2be forfeited. If an applicant fails to pass an examination for
3licensure under this Act within 3 years after filing an
4application, the application shall be denied. The applicant
5may, however, make a new application for examination
6accompanied by the required fee and must furnish proof of
7meeting the qualifications for examination in effect at the
8time of the new application.
9    An applicant shall have 5 years from the passage of the
10first examination to successfully complete all examinations
11required by rule of the Department.
12    The Department may by rule prescribe additional subjects
13for examination.
14    An applicant has one year from the date of notification of
15successful completion of all the examination and experience
16requirements to apply to the Department for a license. If an
17applicant fails to apply within one year, the applicant shall
18be required to again take and pass the examination, unless the
19Department, upon recommendation of the Board, determines that
20there is sufficient cause for the delay that is not due to the
21fault of the applicant.
22(Source: P.A. 96-610, eff. 8-24-09.)
23    (225 ILCS 305/14)  (from Ch. 111, par. 1314)
24    (Section scheduled to be repealed on January 1, 2020)
25    Sec. 14. Display of license; Seal. Every holder of a



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1license as an a licensed architect shall display it in a
2conspicuous place in the principal office of the architect.
3    Every licensed architect shall have a reproducible seal, or
4facsimile, the print of which shall contain the name of the
5architect, the license number, and the words "Licensed
6Architect, State of Illinois". The licensed architect shall
7affix the signature, current date, date of license expiration
8and seal to the first sheet of any bound set or loose sheets of
9technical submissions utilized as contract documents between
10the parties to the contract or prepared for the review and
11approval of any governmental or public authority having
12jurisdiction by that licensed architect or under that licensed
13architect's responsible control. The sheet of technical
14submissions in which the seal is affixed shall indicate those
15documents or parts thereof for which the seal shall apply. The
16seal and dates may be electronically affixed. The licensee may
17provide, at his or her sole discretion, an original signature
18in the licensee's handwriting, a scanned copy of the document
19bearing an original signature, or a signature generated by a
20computer. All technical submissions issued by any corporation,
21partnership, professional service corporation, or professional
22design firm as registered under this Act shall contain the
23corporate or assumed business name and design firm registration
24number, in addition to any other seal requirements as set forth
25in this Section.
26    "Responsible control" means that amount of control over and



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1detailed professional knowledge of the content of technical
2submissions during their preparation as is ordinarily
3exercised by architects applying the required professional
4standard of care. Merely reviewing or reviewing and correcting
5the technical submissions or any portion thereof prepared by
6those not in the regular employment of the office where the
7architect is resident without control over the content of such
8work throughout its preparation does not constitute
9responsible control.
10    An architect licensed under the laws of this jurisdiction
11shall not sign and seal technical submissions that were not
12prepared by or under the responsible control of the architect
13except that:
14        (1) the architect may sign and seal those portions of
15    the technical submissions that were prepared by or under
16    the responsible control of persons who hold a license under
17    this Act, and who shall have signed and sealed the
18    documents, if the architect has reviewed in whole or in
19    part such portions and has either coordinated their
20    preparation or integrated them into his or her work;
21        (2) the architect may sign and seal portions of the
22    professional work that are not required by this Act to be
23    prepared by or under the responsible control of an
24    architect if the architect has reviewed and adopted in
25    whole or in part such portions and has integrated them into
26    his or her work; and



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1        (3) a partner or corporate officer of a professional
2    design firm registered in Illinois who is licensed under
3    the architecture licensing laws of this State, and who has
4    professional knowledge of the content of the technical
5    submissions and intends to be responsible for the adequacy
6    of the technical submissions, may sign and seal technical
7    submissions that are prepared by or under the responsible
8    control of architects who are licensed in this State and
9    who are in the regular employment of the professional
10    design firm.
11    The architect exercising responsible control under which
12the documents or portions of the documents were prepared shall
13be identified on the documents or portions of the documents by
14name and Illinois license number.
15    Any licensed architect who signs and seals technical
16submissions not prepared by that architect but prepared under
17the architect's responsible control by persons not regularly
18employed in the office where the architect is resident shall
19maintain and make available to the board upon request for at
20least 5 years following such signing and sealing, adequate and
21complete records demonstrating the nature and extent of the
22architect's control over and detailed professional knowledge
23of such technical submissions throughout their preparation.
24(Source: P.A. 98-289, eff. 1-1-14.)
25    (225 ILCS 305/16)  (from Ch. 111, par. 1316)



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1    (Section scheduled to be repealed on January 1, 2020)
2    Sec. 16. Licenses; Renewal; Restoration; Architects in
3military service. The expiration date and renewal period for
4each license issued under this Act shall be set by rule. The
5holder of a license may renew such license during the month
6preceding the expiration date thereof by paying the required
7fee. An A licensed architect who has permitted his license to
8expire or who has had his license on inactive status may have
9his license restored by making application to the Department
10and filing proof acceptable to the Department of his fitness to
11have his license restored, including sworn evidence certifying
12to active practice in another jurisdiction satisfactory to the
13Department, and by paying the required restoration fee.
14    If the person has not maintained an active practice in
15another jurisdiction satisfactory to the Department, the Board
16shall determine, by an evaluation program established by rule,
17that person's fitness to resume active status and may require
18that person to successfully complete an examination.
19    Any person whose license has been expired for more than 3
20years may have his license restored by making application to
21the Department and filing proof acceptable to the Department of
22his fitness to have his license restored, including sworn
23evidence certifying to active practice in another
24jurisdiction, and by paying the required restoration fee.
25    However, any person whose license has expired while he has
26been engaged (1) in federal service on active duty with the



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1Army of the United States, the United States Navy, the Marine
2Corps, the Air Force, the Coast Guard, or the State Militia
3called into the service or training of the United States of
4America, or (2) in training or education under the supervision
5of the United States preliminary to induction into the military
6service, may have his license restored or reinstated without
7paying any lapsed renewal fees or restoration fee if within 2
8years after termination of such service, training or education
9other than by dishonorable discharge he furnishes the
10Department with an affidavit to the effect that he has been so
11engaged and that his service, training or education has been so
13(Source: P.A. 86-702.)
14    (225 ILCS 305/17)  (from Ch. 111, par. 1317)
15    (Section scheduled to be repealed on January 1, 2020)
16    Sec. 17. Inactive status; Restoration. Any licensed
17architect, who notifies the Department in writing on forms
18prescribed by the Department, may elect to place his or her
19license on an inactive status and shall, subject to rules of
20the Department, be excused from payment of renewal fees until
21he or she notifies the Department in writing of his or her
22desire to resume active status.
23    Any licensed architect requesting restoration from
24inactive status shall be required to pay the current renewal
25fee and shall have his or her license restored as provided in



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1Section 16 of this Act.
2    Any licensed architect whose license is in an inactive
3status shall not practice architecture in the State of
5(Source: P.A. 86-702.)
6    (225 ILCS 305/21)  (from Ch. 111, par. 1321)
7    (Section scheduled to be repealed on January 1, 2020)
8    Sec. 21. Professional design firm registration;
10    (a) Nothing in this Act shall prohibit the formation, under
11the provisions of the Professional Service Corporation Act, of
12a corporation to offer the practice of architecture.
13    Any business, including a Professional Service
14Corporation, that includes the practice of architecture within
15its stated purposes, practices architecture, or holds itself
16out as available to practice architecture shall register with
17the Department under this Section. Any professional service
18corporation, sole proprietorship, or professional design firm
19offering architectural services must have a resident architect
20in responsible charge of the architectural practices in each
21location in which architectural services are provided who shall
22be designated as a managing agent.
23    Any sole proprietorship not owned and operated by an
24Illinois licensed design professional licensed under this Act
25is shall be prohibited from offering architectural services to



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1the public. "Illinois licensed design professional" means a
2person who holds an active license as an architect under this
3Act, as a structural engineer under the Structural Engineering
4Practice Act of 1989, or as a professional engineer under the
5Professional Engineering Practice Act of 1989, or as a
6professional land surveyor under the Professional Land
7Surveyor Act of 1989. Any sole proprietorship owned and
8operated by an architect with an active license issued under
9this Act and conducting or transacting such business under an
10assumed name in accordance with the provisions of the Assumed
11Business Name Act shall comply with the registration
12requirements of a professional design firm. Any sole
13proprietorship owned and operated by an architect with an
14active license issued under this Act and conducting or
15transacting such business under the real name of the sole
16proprietor is exempt from the registration requirements of a
17professional design firm.
18    (b) Any corporation, including a Professional Service
19Corporation, partnership, limited liability company, or
20professional design firm seeking to be registered under this
21Section shall not be registered unless:
22        (1) two-thirds of the board of directors, in the case
23    of a corporation, or two-thirds of the general partners, in
24    the case of a partnership, or two-thirds of the members, in
25    the case of a limited liability company, are licensed under
26    the laws of any State to practice architecture,



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1    professional engineering, land surveying, or structural
2    engineering; and
3        (2) a managing agent is (A) a director in the case of a
4    corporation, a general partner in the case of a
5    partnership, or a member in the case of a limited liability
6    company, and (B) holds a license under this Act.
7    Any corporation, limited liability company, professional
8service corporation, or partnership qualifying under this
9Section and practicing in this State shall file with the
10Department any information concerning its officers, directors,
11members, managers, partners or beneficial owners as the
12Department may, by rule, require.
13    (c) No business shall offer the practice or hold itself out
14as available to offer the practice of architecture until it is
15registered with the Department as a professional design firm.
16Every entity registered as a professional design firm shall
17display its certificate of registration or a facsimile thereof
18in a conspicuous place in each office offering architectural
20    (d) Any business seeking to be registered under this
21Section shall make application on a form provided by the
22Department and shall provide any information requested by the
23Department, which shall include but shall not be limited to all
24of the following:
25        (1) The name and architect's license number of at least
26    one person designated as a the managing agent. In the case



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1    of a corporation, the corporation shall also submit a
2    certified copy of the resolution by the board of directors
3    designating at least one managing agent. If a limited
4    liability company, the company shall submit a certified
5    copy of either its articles of organization or operating
6    agreement designating at least one managing agent.
7        (2) The names and architect's, professional
8    engineer's, structural engineer's, or land surveyor's
9    license numbers of the directors, in the case of a
10    corporation, the members, in the case of a limited
11    liability company, or general partners, in the case of a
12    partnership.
13        (3) A list of all locations at which the professional
14    design firm provides architectural services.
15        (4) A list of all assumed names of the business.
16    Nothing in this Section shall be construed to exempt a
17    business from compliance with the requirements of the
18    Assumed Business Name Act.
19    It is the responsibility of the professional design firm to
20provide the Department notice, in writing, of any changes in
21the information requested on the application.
22    (e) In the event a managing agent is terminated or
23terminates his or her status as managing agent of the
24professional design firm, the managing agent and professional
25design firm shall notify the Department of this fact in
26writing, by certified mail, within 10 business days of



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2    Thereafter, the professional design firm, if it has so
3informed the Department, has 30 days in which to notify the
4Department of the name and architect's license number of the
5architect who is the newly designated managing agent. If a
6corporation, the corporation shall also submit a certified copy
7of a resolution by the board of directors designating the new
8managing agent. If a limited liability company, the company
9shall also submit a certified copy of either its articles of
10organization or operating agreement designating the new
11managing agent. The Department may, upon good cause shown,
12extend the original 30 day period.
13    If the professional design firm has not notified the
14Department in writing, by certified mail within the specified
15time, the registration shall be terminated without prior
16hearing. Notification of termination shall be sent by certified
17mail to the address of record. If the professional design firm
18continues to operate and offer architectural services after the
19termination, the Department may seek prosecution under
20Sections 22, 36, and 36a of this Act for the unlicensed
21practice of architecture.
22    (f) No professional design firm shall be relieved of
23responsibility for the conduct or acts of its agents,
24employees, or officers by reason of its compliance with this
25Section, nor shall any individual practicing architecture be
26relieved of the responsibility for professional services



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1performed by reason of the individual's employment or
2relationship with a professional design firm registered under
3this Section.
4    (g) Disciplinary action against a professional design firm
5registered under this Section shall be administered in the same
6manner and on the same grounds as disciplinary action against a
7licensed architect. All disciplinary action taken or pending
8against a corporation or partnership before the effective date
9of this amendatory Act of 1993 shall be continued or remain in
10effect without the Department filing separate actions.
11(Source: P.A. 96-610, eff. 8-24-09.)
12    (225 ILCS 305/23)  (from Ch. 111, par. 1323)
13    (Section scheduled to be repealed on January 1, 2020)
14    Sec. 23. Violations; Injunction; Cease and desist order.
15    (a) If any person or entity violates a provision of this
16Act, the Director may, in the name of the People of the State
17of Illinois, through the Attorney General of the State of
18Illinois, petition for an order enjoining such violation or for
19an order enforcing compliance with this Act. Upon the filing of
20a verified petition in such court, the court may issue a
21temporary restraining order, without notice or bond, and may
22preliminarily and permanently enjoin such violation. If it is
23established that such person or entity has violated or is
24violating the injunction, the Court may punish the offender for
25contempt of court. Proceedings under this Section are in



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1addition to, and not in lieu of, all other remedies and
2penalties provided by this Act.
3    (b) If any person or entity practices as an architect or
4holds himself out as an architect or professional design firm
5without being licensed or registered under the provisions of
6this Act, then any licensed architect, any interested party or
7any person injured thereby may, in addition to the Director,
8petition for relief as provided in subsection (a) of this
10    (c) Whenever in the opinion of the Department any person or
11entity violates any provision of this Act, the Department may
12issue a rule to show cause why an order to cease and desist
13should not be entered against him. The rule shall clearly set
14forth the grounds relied upon by the Department and shall
15provide a period of 7 days from the date of the rule to file an
16answer to the satisfaction of the Department. Failure to answer
17to the satisfaction of the Department shall cause an order to
18cease and desist to be issued immediately.
19(Source: P.A. 88-428.)
20    (225 ILCS 305/36)  (from Ch. 111, par. 1336)
21    (Section scheduled to be repealed on January 1, 2020)
22    Sec. 36. Violations. Each of the following Acts constitutes
23a Class A misdemeanor for the first offense and a Class 4
24felony for a second or subsequent offense:
25        (a) the practice, attempt to practice or offer to



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1    practice architecture, or the advertising or putting out of
2    any sign or card or other device which might indicate to
3    the public that the person is entitled to practice
4    architecture, without a license as an a licensed architect,
5    or registration as a professional design firm issued by the
6    Department. Each day of practicing architecture or
7    attempting to practice architecture, and each instance of
8    offering to practice architecture, without a license as an
9    a licensed architect or registration as a professional
10    design firm constitutes a separate offense;
11        (b) the making of any wilfully false oath or
12    affirmation in any matter or proceeding where an oath or
13    affirmation is required by this Act;
14        (c) the affixing of an a licensed architect's seal to
15    any technical submissions which have not been prepared by
16    that architect or under the architect's responsible
17    control;
18        (d) the violation of any provision of this Act or its
19    rules;
20        (e) using or attempting to use an expired, inactive,
21    suspended, or revoked license, or the certificate or seal
22    of another, or impersonating another licensee;
23        (f) obtaining or attempting to obtain a license or
24    registration by fraud; or
25        (g) If any person, sole proprietorship, professional
26    service corporation, limited liability company,



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1    corporation or partnership, or other entity practices
2    architecture or advertises or displays any sign or card or
3    other device that might indicate to the public that the
4    person or entity is entitled to practice as an architect or
5    use the title "architect" or any of its derivations unless
6    the person or other entity holds an active license as an
7    architect or registration as a professional design firm in
8    the State; then, in addition to any other penalty provided
9    by law any person or other entity who violates this
10    subsection (g) shall forfeit and pay to the Design
11    Professionals Administration and Investigation Fund a
12    civil penalty in an amount determined by the Department of
13    not more than $10,000 for each offense.
14    An unlicensed person who has completed the education
15requirements, is actively participating in the diversified
16professional training, and maintains in good standing a
17training record as required for licensure by this Act may use
18the title "architectural intern", but may not independently
19engage in the practice of architecture.
20(Source: P.A. 96-610, eff. 8-24-09.)
21    (225 ILCS 305/37.5 new)
22    Sec. 37.5. Confidentiality. All information collected by
23the Department in the course of an examination or investigation
24of a licensee or applicant, including, but not limited to, any
25complaint against a licensee filed with the Department and



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1information collected to investigate any such complaint, shall
2be maintained for the confidential use of the Department and
3shall not be disclosed. The Department may not disclose the
4information to anyone other than law enforcement officials,
5other regulatory agencies that have an appropriate regulatory
6interest as determined by the Secretary, or a party presenting
7a lawful subpoena to the Department. Information and documents
8disclosed to a federal, State, county, or local law enforcement
9agency shall not be disclosed by the agency for any purpose to
10any other agency or person. A formal complaint filed against a
11licensee by the Department or any order issued by the
12Department against a licensee or applicant shall be a public
13record, except as otherwise prohibited by law.
14    Section 99. Effective date. This Act takes effect upon
15becoming law.