Commencing January 1, 1974 the Department shall not issue a license
to act as an employment counselor to any person not previously licensed
as such employment counselor on such date unless he has taken and
successfully completed a written examination based upon this Act. The
Department of Labor shall conduct such examination at such times and
places as it shall determine, but not less than once each month. The
examination shall test the applicant's knowledge of the employment
agency law, pertinent labor laws and laws against discrimination in
employment. Upon successful completion of the written examination and
providing the requirements of this Section are met, the Department shall
issue a license to act as an employment counselor and no additional
licensing fee shall be required.
In the event of failure to appear for the examination as scheduled or
if the applicant appears and fails to pass, such person shall pay a fee
of $10 for rescheduling at a later date. No person may be rescheduled for
examination more than twice in any calendar year except in the event
that he has failed to appear for examination and such failure to appear
was not willful but was the result of illness of the applicant or a
member of his immediate family or of some other emergency.
The Department of Labor may require such other proof as to the
honesty, truthfulness and integrity of the applicant, as may be deemed
necessary and desirable. If the applicant is shown to be honest,
truthful and of known integrity, and has successfully completed the
written examination required under this Section, the Department of Labor
shall issue a license, which license shall set out the true name and
address of the applicant, the name of the Employment agency by whom he
is employed, and such additional information as the Department may prescribe.
The license issued shall authorize the person named therein to act as an
employment counselor. Such license may be renewed at the end of each year
by the payment of a renewal fee of $25.
The applicant must furnish satisfactory proof to the Department that
he has never been a party to any fraud, has no jail record, belongs to no
subversive societies and is of good moral character and business integrity.
In determining honesty, truthfulness, integrity, moral character
and business integrity under this Section, the Department may take into
consideration any felony conviction of the applicant, but such a conviction
shall not operate as a bar to licensing.
The license of the employment counselor shall be mailed to the employment
agency by which he is employed, and shall be kept in the office of such
agency and produced for inspection by any agent of the Department of Labor,
at any time during business hours.
The Department of Labor, upon its own motion, or upon the filing of a verified
complaint with the department, by any person, accompanied by such evidence,
documentary or otherwise, as makes out a prima facie case that the licensee
is unworthy to hold a license, shall notify the employment counselor in
writing that the question of his honesty, truthfulness,
integrity, moral character, business integrity or felony conviction
is to be reopened and determined, de novo. This notice shall be served
by delivering a copy to the licensed person, or by mailing a copy to him,
by registered mail, at his last known business address. Thereupon, the Department
of Labor shall require further proof of the licensee's honesty,
truthfulness, integrity, moral character and business integrity,
and if the proof is not satisfactory to the Department of Labor, it shall
revoke his license.
If any employment counselor is discharged or terminates his employment
with the agency by which he is employed, such agency shall immediately deliver,
or forward by mail, the employment counselor's
license, to the Department of Labor, together with the reasons for his
discharge, if he was discharged. Failure to state that the employment counselor
was discharged will be conclusively presumed to indicate that
he terminated his services voluntarily. Thereafter, it shall be unlawful
for the employment counselor to exercise any rights or privileges under
such license, unless the Department of Labor transfers his license to
another employment agency.
Each employment counselor shall notify the Department of Labor of
any change in his residence address. Failure to give such notice shall
automatically work a revocation of his license.
The Department may refuse to issue or may suspend the license
of any person who fails to file a return, or to pay the tax, penalty or
interest shown in a filed return, or to pay any final assessment of tax,
penalty or interest, as required by any tax Act administered by the
Illinois Department of Revenue, until such time as the requirements of any
such tax Act are satisfied.
Any person who violates any provisions of this section or who
testifies falsely as to any matter required by the provisions of this
section or of this Act, is guilty of a Class B misdemeanor.
(Source: P.A. 100-278, eff. 8-22-17.)