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(225 ILCS 335/1) (from Ch. 111, par. 7501) (Section scheduled to be repealed on January 1, 2031) Sec. 1. Legislative purpose. It is hereby declared to be the public policy of this State that, in order to safeguard the life, health, property, and public welfare of its citizens, the business of roofing construction, reconstruction, alteration, maintenance and repair is a matter affecting the public interest, and any person desiring to obtain a license to engage in the business as herein defined shall be required to establish the person's qualifications to be licensed as herein provided.(Source: P.A. 104-427, eff. 8-15-25.) |
(225 ILCS 335/2) (from Ch. 111, par. 7502) (Section scheduled to be repealed on January 1, 2031) Sec. 2. Definitions. As used in this Act, unless the context otherwise requires: (a) "Licensure" means the act of obtaining or holding a license issued by the Department as provided in this Act. (b) "Department" means the Department of Financial and Professional Regulation. (c) "Secretary" means the Secretary of Financial and Professional Regulation or his or her designee. (d) "Person" means any individual, partnership, corporation, business trust, professional limited liability company, limited liability company, or other legal entity. (e) "Roofing contractor" is one who has the experience, knowledge, and skill to construct, reconstruct, alter, maintain, and repair roofs and use materials and items used in the construction, reconstruction, alteration, maintenance, and repair of all kinds of roofing and waterproofing as related to roofing over an occupiable space, all in such manner to comply with all plans, specifications, codes, laws, and regulations applicable thereto, but does not include such contractor's employees to the extent the requirements of Section 3 of this Act apply and extend to such employees. "Roofing contractor" includes a corporation, professional limited liability company, limited liability company, limited partnership, partnership, business trust, or sole proprietorship. (f) "Board" means the Roofing Advisory Board. (g) "Qualifying party" means the individual designated by a roofing contracting business who is filing for licensure as a sole proprietor, partner of a partnership, officer of a corporation, trustee of a business trust, or manager of a professional limited liability company or limited liability company. "Qualifying party" means a person who, prior to and upon the roofing contractor's licensure, is legally qualified to act for the business organization in all matters connected with its roofing contracting business, has the authority to supervise roofing installation operations, and is actively engaged in day-to-day activities of the business organization. "Qualifying party" does not apply to a seller of roofing services or roofing materials when the construction, reconstruction, alteration, maintenance, or repair of roofing or waterproofing is to be performed by a person other than the seller or the seller's employees. (h) "Limited roofing license" means a license made available to contractors whose roofing business is limited to roofing residential properties consisting of 8 units or less. (i) "Unlimited roofing license" means a license made available to contractors whose roofing business is unlimited in nature and includes roofing on residential, commercial, and industrial properties. (j) "Seller of roofing materials" means a business entity primarily engaged in the sale of tangible personal property at retail. (k) "Building permit" means a permit issued by a unit of local government for work performed within the local government's jurisdiction that requires a license under this Act. (l) "Address of record" means the designated street address recorded by the Department in the applicant's or licensee's application file or license file as maintained by the Department's licensure maintenance unit. (m) "Email address of record" means the designated email address recorded by the Department in the applicant's application file or the licensee's license file as maintained by the Department's licensure maintenance unit. (n) "Roof repair" means reconstruction or renewal of any portion of an existing roof for the purpose of correcting damage or restoring the roof to pre-damage condition, but excludes circumstances when a torch technique is used by a licensed roofing contractor. "Roof repair" includes the use of: (1) new material that is compatible with existing | ||
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(2) new material that is at least as fire resistive | ||
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(o) "Roofing work" or "professional roofing services" means the construction, reconstruction, alteration, maintenance, and repair of a roof on residential, commercial, or industrial property and the use of materials and items in the construction, reconstruction, alteration, maintenance, and repair of roofing and waterproofing of roofs, all in a manner that complies with plans, specifications, codes, laws, rules, regulations, and current roofing industry standards for workmanlike performance applicable to the construction, reconstruction, alteration, maintenance, and repair of roofs on such properties. (p) "Seller of roofing services" means a business or governmental entity that subcontracts professional roofing services to a licensed roofing contractor that serves as the subcontractor for a roofing project. "Seller of roofing services" includes a general contractor, real estate developer, or builder. (q) "General contractor", "real estate developer", or "builder" means the person responsible for overseeing a building or construction project that includes a roof system. (r) "Public member" means a consumer who is not a qualifying party or employee of a licensed roofing contractor. For purposes of board membership, the public member shall have no connection or financial interest in the roofing or general contracting industries. (s) "Subcontractor" means any person who is a licensed roofing contractor that has a direct contract with a seller of roofing services or a governmental entity to perform a portion of roofing work under a building or construction contract for a project that includes a roof system. (t) "Roof system" means the components of a roof that include, but are not limited to, covering, framing, insulation, sheathing, ventilation, sealing, waterproofing, weatherproofing, related architectural sheet metal work, and roof coatings. (u) "Roof section" means a separation or division of a roof area by existing expansion joints, parapet walls, flashing (excluding valley), difference of elevation (excluding hips and ridges), roof type, or legal description. "Roof section" does not include the roof area required for a proper tie-off with an existing system. (v) "Roof recover" means installing an additional roof covering over a prepared existing roof covering without removing the existing roof covering. "Roof recover" does not include the following situations: (1) if the existing roof covering is water soaked or | ||
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(2) if the existing roof covering is slate or tile; or (3) if the existing roof has 2 or more applications | ||
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(w) "Roof replacement" means removing the existing roof covering, repairing any damaged substrate, and installing a new roof covering. The new roof shall be installed in accordance with the applicable provisions of the Illinois Energy Conservation Code. (Source: P.A. 104-427, eff. 8-15-25.) |
(225 ILCS 335/2.1) (from Ch. 111, par. 7502.1) (Section scheduled to be repealed on January 1, 2031) Sec. 2.1. Administration of Act; rules and forms. (a) The Department shall exercise the powers and duties prescribed by the Civil Administrative Code of Illinois for the administration of licensing Acts and shall exercise such other powers and duties necessary for effectuating the purposes of this Act. (b) The Secretary may adopt rules consistent with the provisions of this Act for the administration and enforcement of this Act and for the payment of fees connected with this Act and may prescribe forms that shall be issued in connection with this Act. The rules may include, but not be limited to, the standards and criteria for licensure and professional conduct and discipline and the standards and criteria used when determining fitness to practice. The Department may consult with the Board in adopting rules. (c) The Department may, at any time, seek the advice and the expert knowledge of the Board and any member of the Board on any matter relating to the administration of this Act. (d) (Blank).(Source: P.A. 104-427, eff. 8-15-25.) |
(225 ILCS 335/2.05) (Section scheduled to be repealed on January 1, 2031) Sec. 2.05. Address of record; email address of record. All applicants and licensees shall: (1) provide a valid address and email address to the | ||
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(2) inform the Department of any change of address of | ||
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(Source: P.A. 104-427, eff. 8-15-25.) |
(225 ILCS 335/3) (from Ch. 111, par. 7503) (Section scheduled to be repealed on January 1, 2031) Sec. 3. Application for roofing contractor license. (1) To obtain a license, an applicant must indicate if the license is sought for a sole proprietorship, partnership, corporation, professional limited liability company, limited liability company, business trust, or other legal entity and whether the application is for a limited or unlimited roofing license. If the license is sought for a sole proprietorship, the license shall be issued to the sole proprietor who shall also be designated as the qualifying party. If the license is sought for a partnership, corporation, professional limited liability company, limited liability company, business trust, or other legal entity, the license shall be issued in the company name. At the time of application for licensure under the Act, a company shall designate one individual who will serve as a qualifying party. The qualifying party is the individual who must take the examination required under Section 3.5 on behalf of the company, and actively participate in the day-to-day operations of the company's business following the issuance of licensure. The company shall submit an application in writing to the Department on a form containing the information prescribed by the Department and accompanied by the fee fixed by the Department. The application shall include, but shall not be limited to: (a) the name and address of the individual designated | ||
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(b) the name of the sole proprietorship and its sole | ||
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(c) evidence of compliance with any statutory | ||
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(d) a signed irrevocable uniform consent to service | ||
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(1.5) (Blank). (2) An applicant for a roofing contractor license must submit satisfactory evidence that: (a) the applicant has obtained public liability and | ||
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(b) the applicant has obtained Workers' Compensation | ||
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(c) the applicant has an unemployment insurance | ||
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(d) the applicant has submitted a continuous bond to | ||
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(e) the qualifying party has satisfactorily completed | ||
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(3) It is the ongoing responsibility of the licensee to provide to the Department notice in writing of any and all changes in the information required to be provided on the application, including, but not limited to, a change in the licensee's assumed name, if applicable. (3.5) The qualifying party shall be an employee who receives compensation from and is under the supervision and control of the licensed roofing contractor business employer that regularly deducts the payroll tax under the Federal Insurance Contributions Act, deducts withholding tax, and provides workers' compensation as prescribed by law. The qualifying party shall not receive a Form 1099 from the licensed roofing contractor business. (4) (Blank). (5) Nothing in this Section shall apply to a seller of roofing services or roofing materials when the construction, reconstruction, alteration, maintenance, or repair of roofing or waterproofing is to be performed by a subcontractor or a person other than the seller or the seller's employees. (6) Applicants have 3 years from the date of application to complete the application process. If the application has not been completed within 3 years, the application shall be denied, the fee shall be forfeited and the applicant must reapply and meet the requirements in effect at the time of reapplication.(Source: P.A. 104-427, eff. 8-15-25.) |
(225 ILCS 335/3.2) (Section scheduled to be repealed on January 1, 2031) Sec. 3.2. Bond. Before issuing or renewing a license, the Department shall require each applicant or licensee to file and maintain in force a surety bond, issued by an insurance company authorized to transact fidelity and surety business in the State of Illinois. The bond shall be continuous in form, unless terminated by the insurance company. An insurance company may terminate a bond and avoid further liability by filing a 60-day notice of termination with the Department and, at the same time, sending the notice to the roofing contractor. A license shall be cancelled without hearing on the termination date of the roofing contractor's bond, unless a new bond is filed with the Department to become effective at the termination date of the prior bond. If a license has been cancelled without hearing under this Section, the license shall be reinstated upon showing proof of compliance with this Act.(Source: P.A. 91-950, eff. 2-9-01.) |
(225 ILCS 335/3.5) (Section scheduled to be repealed on January 1, 2031) Sec. 3.5. Examinations. (a) The Department shall authorize examinations for applicants for initial licensure at the time and place it may designate. The examinations shall be of a character to fairly test the competence and qualifications of applicants to act as roofing contractors. Each applicant for limited licenses shall designate a qualifying party who shall take an examination, the technical portion of which shall cover current residential roofing practices. Each applicant for an unlimited license shall designate a qualifying party who shall take an examination, the technical portion of which shall cover current residential, commercial, and industrial roofing practices. Both examinations shall cover Illinois jurisprudence as it relates to roofing practice. (b) An applicant for a limited license or an unlimited license or a qualifying party designated by an applicant for a limited license or unlimited license shall pay, either to the Department or the designated testing service, a fee established by the Department to cover the cost of providing the examination. Failure to appear for the examination on the scheduled date at the time and place specified, after the applicant's application for examination has been received and acknowledged by the Department or the designated testing service, shall result in forfeiture of the examination fee. (c) The qualifying party for an applicant for a new license must have passed an examination authorized by the Department before the Department may issue a license. (d) The application for a license as a corporation, business trust, or other legal entity submitted by a sole proprietor who is currently licensed under this Act and exempt from the examination requirement of this Section shall not be considered an application for initial licensure for the purposes of this subsection (d) if the sole proprietor is named in the application as the qualifying party and is the sole owner of the legal entity. Upon issuance of a license to the new legal entity, the sole proprietorship license is terminated. The application for initial licensure as a partnership, corporation, professional limited liability company, limited liability company, business trust, or other legal entity submitted by a currently licensed partnership, corporation, professional limited liability company, limited liability company, business trust, or other legal entity shall not be considered an application for initial licensure for the purposes of this subsection (d) if the entity's current qualifying party is exempt from the examination requirement of this Section, that qualifying party is named as the new legal entity's qualifying party, and the majority of ownership in the new legal entity remains the same as the currently licensed entity. Upon issuance of a license to the new legal entity under this subsection (d), the former license issued to the applicant is terminated. (e) A roofing contractor applicant and a qualifying party applicant have 3 years after the date of application to complete the application process. If the process has not been completed within 3 years, the application shall be denied, the fee shall be forfeited, and the applicant must reapply and meet the requirements in effect at the time of reapplication.(Source: P.A. 104-427, eff. 8-15-25.) |
(225 ILCS 335/4) (from Ch. 111, par. 7504)
Sec. 4.
(Repealed).
(Source: P.A. 90-55, eff. 1-1-98. Repealed by P.A. 91-950, eff. 2-9-01.)
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(225 ILCS 335/4.5) (Section scheduled to be repealed on January 1, 2031) Sec. 4.5. Duties and responsibilities of qualifying party; acceptance; grounds for discipline. (a) While named as and engaged as a qualifying party for a roofing contractor licensee, no person may be the named qualifying party for any other licensee. However, the person may act in the capacity of the qualifying party for one additional roofing contractor licensee of the same type of licensure only if one of the following conditions exists: (1) the person has a common ownership or management | ||
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(2) the same person acts as a qualifying party for | ||
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"Subsidiary" as used in this Section means a corporation, professional limited liability company, or limited liability company of which at least 25% is owned or managed by another roofing contractor licensee. (b) At all times a licensed roofing contractor shall have one corresponding qualifying party actively engaged in the day-to-day activities of the roofing contractor's business, except for a change in qualifying party as set forth in Section 4.6 and the rules adopted under this Act. (c) A qualifying party that is accepted by the Department shall be issued an appropriate credential and shall have and exercise the authority to act for the licensed entity in all matters connected with its roofing contracting business and to supervise roofing installation operations. This authority shall not be deemed to be a license for purposes of this Act. Upon acceptance, the qualifying party shall act on behalf of the licensed roofing contractor entity only, except as provided for in subsection (a). (d) Designation of a qualifying party by an applicant under this Section and Section 3 is subject to acceptance by the Department. The Department may refuse to accept a qualifying party (i) for failure to qualify as required under this Act and the rules adopted under this Act or (ii) after making a determination that the designated qualifying party has a history of acting illegally, fraudulently, incompetently, or with gross negligence in the roofing or construction business. The qualifying party who has been accepted by the Department shall maintain the qualifying party's duties and responsibilities to the licensed roofing contractor as follows: (1) The qualifying party may have a common ownership | ||
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(2) The qualifying party may delegate the qualifying | ||
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(3) While engaged as a qualifying party for a | ||
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(4) The qualifying party shall not act on behalf of | ||
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(5) The qualifying party shall not use the qualifying | ||
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(e) The Department may, at any time after giving appropriate notice and the opportunity for a hearing, suspend or revoke its acceptance of a qualifying party designated by a roofing contractor licensee and impose other discipline, including, but not limited to, fines not to exceed $15,000 per violation for any act or failure to act that gives rise to any ground for disciplinary action against that roofing contractor licensee under this Act and the rules adopted under this Act. If the Department suspends or revokes its acceptance of a qualifying party, the license of the roofing contractor licensee shall be deemed to be suspended until a new qualifying party has been designated by the roofing contractor licensee and accepted by the Department. If acceptance of a qualifying party is suspended or revoked for action or inaction that constitutes a violation of this Act or the rules adopted under this Act, the Department may in addition take such other disciplinary or non-disciplinary action as it may deem proper against the licensee or qualifying party, including imposing a fine on the qualifying party, not to exceed $15,000 for each violation. All administrative decisions of the Department under this subsection (e) are subject to judicial review pursuant to Section 9.7 of this Act. An order taking action against a qualifying party shall be deemed a final administrative decision of the Department for purposes of Section 9.7 of this Act. (Source: P.A. 104-427, eff. 8-15-25.) |
(225 ILCS 335/4.6) (Section scheduled to be repealed on January 1, 2031) Sec. 4.6. Qualifying party termination; succession; inoperative status. (a) The licensed roofing contractor shall provide information as requested by the Department, which shall include, but not be limited to, the name and contact information of the qualifying party. (b) A qualifying party shall at all times maintain a valid, active credential only on behalf of the qualifying party's corresponding licensed roofing contractor. (c) In the event a qualifying party is terminated or has an active status as the qualifying party of the licensed roofing contractor terminated, both the licensee and the qualifying party shall notify the Department of this disassociation in writing, by regular mail or email, within 30 business days after the date of disassociation. If such notice is not given in a timely manner, the license will be placed on inoperative status. (d) Upon the termination, loss, or disassociation of the qualifying party, the licensed roofing contractor, if it has so informed the Department of the disassociation, shall notify the Department of the name and address of the newly designated qualifying party within 60 days after the date the licensee notifies the Department of the date of disassociation. If such notice is not given in a timely manner, the license will be placed on inoperative status. (e) The Department shall determine the newly designated qualifying party's fitness to have the roofing contracting license requalified, including, but not limited to, the application qualifications to sit for the examination. (f) Within 7 months after approval by the Department, the newly designated qualifying party must take and pass the examination prescribed in Section 3.5 of this Act to requalify the roofing contracting license. (g) If a licensed roofing contractor fails to requalify through the newly designated qualifying party within the time prescribed by the Department by rule, the license is automatically placed in inoperative status at the end of the time period until the licensee requalifies through another newly designated qualifying party. The requirements in this Section shall be met in a timely manner as established by rule of the Department. (h) The license of any roofing contractor whose association with a qualifying party has terminated shall automatically become inoperative immediately upon such termination. An inoperative licensee under this Act shall not perform any roofing contracting services while the license is in inoperative status, unless the licensee meets all of the criteria outlined in this Section.(Source: P.A. 104-427, eff. 8-15-25.) |
(225 ILCS 335/5) (from Ch. 111, par. 7505) (Section scheduled to be repealed on January 1, 2031) Sec. 5. Display of license number; building permits; advertising. (a) Each State licensed roofing contractor shall affix the roofing contractor license number and the licensee's name, as it appears on the license, to all contracts and bids. In addition, the official issuing building permits shall affix the roofing contractor license number to each application for a building permit and on each building permit issued and recorded. (a-3) A municipality or a county that requires a building permit may not issue a building permit to a roofing contractor unless that contractor has provided sufficient proof of current licensure as a roofing contractor by the State. Holders of an unlimited roofing license may be issued permits for residential, commercial, and industrial roofing projects. Holders of a limited roofing license are restricted to permits for work on residential properties consisting of 8 units or less. (a-5) A person who knowingly, in the course of applying for a building permit with a unit of local government, provides the roofing license number or name of a roofing contractor whom that person does not intend to have perform the work on the roofing portion of the project commits identity theft under paragraph (8) of subsection (a) of Section 16-30 of the Criminal Code of 2012. (a-10) A building permit applicant must present a government-issued identification along with the building permit application. Except for the name of the individual, all other personal information contained in the government-issued identification shall be exempt from disclosure under subsection (c) of Section 7 of the Freedom of Information Act. The official issuing the building permit shall maintain the name and identification number, as it appears on the government-issued identification, in the building permit application file. It is not necessary that the building permit applicant be the qualifying party. This subsection shall not apply to a county or municipality whose building permit process occurs through electronic means. (b) (Blank). (c) Every holder of a license shall display it in a conspicuous place in the licensee's principal office, place of business, or place of employment. (d) No person licensed under this Act may advertise services regulated by this Act unless that person includes in the advertisement the roofing contractor license number and the licensee's name, as it appears on the license. Nothing contained in this subsection requires the publisher of advertising for roofing contractor services to investigate or verify the accuracy of the license number provided by the licensee. (e) A person who advertises services regulated by this Act who knowingly (i) fails to display the license number and the licensee's name, as it appears on the license, in any manner required by this Section, (ii) fails to provide a publisher with the correct license number as required by subsection (d), or (iii) provides a publisher with a false license number or a license number of another person, or a person who knowingly allows the licensee's license number to be displayed or used by another person to circumvent any provisions of this Section, is guilty of a Class A misdemeanor with a fine of $1,000, and, in addition, is subject to the administrative enforcement provisions of this Act. Each day that an advertisement runs or each day that a person knowingly allows the licensee's license to be displayed or used in violation of this Section constitutes a separate offense.(Source: P.A. 99-469, eff. 8-26-15.) |
(225 ILCS 335/5.1) (Section scheduled to be repealed on January 1, 2031) Sec. 5.1. Commercial vehicles. Any entity offering services regulated by the Roofing Industry Licensing Act shall affix the roofing contractor license number and the licensee's name, as it appears on the license, on all commercial vehicles used in offering such services. An entity in violation of this Section shall be subject to a civil penalty of no less than $250 and no more than $1,000. This Section may be enforced by the Department, the Attorney General, or local code enforcement officials employed by units of local government as it relates to roofing work being performed within the boundaries of their jurisdiction. For purposes of this Section, "code enforcement official" means an officer or other designated authority charged with the administration, interpretation, and enforcement of codes on behalf of a municipality or county. If the alleged violation has been corrected prior to or on the date of the hearing scheduled to adjudicate the alleged violation, the violation shall be dismissed.(Source: P.A. 104-427, eff. 8-15-25.) |
(225 ILCS 335/5.5) (Section scheduled to be repealed on January 1, 2031) Sec. 5.5. Contracts. (a) A licensed roofing contractor, when signing a contract for professional roofing services, must include in the contract a phone number, a street address other than a post office box, and an email address at which the roofing contractor may be contacted. (b) Prior to engaging in any roofing work, a roofing contractor shall provide a written contract to the property owner, signed by both the roofing contractor or the roofing contractor's designee and the property owner, stating at least the following terms: (1) the scope of roofing services and materials to be | ||
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(2) the approximate dates of service; (3) for roof repair, the approximate costs of the | ||
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(4) the licensed roofing contractor's contact | ||
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(5) identification of the roofing contractor's surety | ||
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(6) the roofing contractor's policy regarding | ||
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(7) a written statement that if the property owner | ||
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(c) In addition to the contract terms required in subsection (b) of this Section, a licensed roofing contractor shall include, on the face of the contract, in bold-faced type, a statement indicating that the roofing contractor shall hold in trust any payment from the property owner until the roofing contractor has delivered roofing materials at the property site or has performed a majority of the roofing work on the property. (d) The roofing contractor for a roofing project shall keep a fully executed copy of the contract for professional roofing services available for inspection by the Department. (e) In awarding a contract for professional roofing services, if the property owner is the State or any municipality, county, incorporated area, or school district, the property owner or responsible public entity shall conduct a bona fide procurement process in accordance with applicable law in which the awarded vendor or a subcontractor holds the applicable verified active licenses and a qualifying party credential issued by the Department. (Source: P.A. 104-427, eff. 8-15-25.) |
(225 ILCS 335/6) (from Ch. 111, par. 7506) (Section scheduled to be repealed on January 1, 2031) Sec. 6. Expiration and renewal; inactive status; restoration. (a) The expiration date and renewal period for each certificate of registration issued under this Act shall be set by the Department by rule. (b) A licensee who has permitted the licensee's license to expire or whose license is on inactive status may have the license restored by making application to the Department in the form and manner prescribed by the Department. (c) A licensee who notifies the Department in writing on forms prescribed by the Department may elect to place the license on inactive status and shall, subject to rules of the Department, be excused from payment of renewal fees until the licensee notifies the Department in writing of the licensee's desire to resume active status. (d) A licensee whose license expired while the licensee's qualifying party was (1) on active duty with the Armed Forces of the United States or the State Militia called into service or training or (2) in training or education under the supervision of the United States preliminary to induction into the military service, may have the license renewed or restored without paying any lapsed renewal fees if, within 2 years after termination of such service, training, or education, except under conditions other than honorable, the qualifying party furnishes the Department with satisfactory evidence to the effect that the qualifying party has been so engaged and that the qualifying party's service, training, or education has been so terminated. (e) A roofing contractor whose license is expired or on inactive status shall not practice under this Act in the State of Illinois. (Source: P.A. 104-427, eff. 8-15-25.) |
(225 ILCS 335/7) (from Ch. 111, par. 7507) (Section scheduled to be repealed on January 1, 2031) Sec. 7. Fees. The fees for the administration and enforcement of this Act, including, but not limited to, original certification, renewal, and restoration of a license issued under this Act, shall be set by rule. The fees shall be nonrefundable. All fees, penalties, and fines collected under this Act shall be deposited into the General Professions Dedicated Fund and shall be appropriated to the Department for the ordinary and contingent expenses of the Department in the administration of this Act.(Source: P.A. 99-469, eff. 8-26-15.) |
(225 ILCS 335/7.1) (Section scheduled to be repealed on January 1, 2031) Sec. 7.1. Applicant convictions. (a) When reviewing a conviction by plea of guilty or nolo contendere, finding of guilt, jury verdict, or entry of judgment or by sentencing of an initial applicant, the Department may only deny a license or refuse to accept a designated qualifying party based upon consideration of mitigating factors provided in subsection (c) of this Section for a felony directly related to the practice of roofing contracting. (b) The following crimes or similar offenses in any other jurisdiction are hereby deemed directly related to the practice of roofing contracting: (1) first degree murder; (2) second degree murder; (3) drug induced homicide; (4) unlawful restraint; (5) aggravated unlawful restraint; (6) forcible detention; (7) involuntary servitude; (8) involuntary sexual servitude of a minor; (9) predatory criminal sexual assault of a child; (10) aggravated criminal sexual assault; (11) criminal sexual assault; (12) criminal sexual abuse; (13) aggravated kidnaping; (14) aggravated robbery; (15) armed robbery; (16) kidnapping; (17) aggravated battery; (18) aggravated vehicular hijacking; (19) home invasion; (20) terrorism; (21) causing a catastrophe; (22) possession of a deadly substance; (23) making a terrorist threat; (24) material support for terrorism; (25) hindering prosecution of terrorism; (26) armed violence; (27) any felony based on consumer fraud or deceptive | ||
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(28) any felony requiring registration as a sex | ||
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(29) attempt of any the offenses set forth in | ||
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(30) convictions set forth in subsection (e) of | ||
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(c) The Department shall consider any mitigating factors contained in the record, when determining the appropriate disciplinary sanction, if any, to be imposed. In addition to those set forth in Section 2105-130 of the Department of Professional Regulation Law of the Civil Administrative Code of Illinois, mitigating factors shall include the following: (1) the bearing, if any, the criminal offense or | ||
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(2) the time that has elapsed since the criminal | ||
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(3) the age of the person at the time of the criminal | ||
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(d) The Department shall issue an annual report by January 31, 2027 and by January 31 each year thereafter, indicating the following: (1) the number of initial applicants for a license | ||
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(2) the number of initial applicants for a license | ||
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(3) the number of applicants with a conviction who | ||
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(4) the number of applicants denied a license under | ||
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(5) the number of applicants denied a license under | ||
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(e) Nothing in this Section shall prevent the Department taking disciplinary or non-disciplinary action against a license as set forth in Section 9.1 of this Act. (Source: P.A. 104-427, eff. 8-15-25.) |
(225 ILCS 335/8)
Sec. 8. (Repealed).
(Source: P.A. 90-55, eff. 1-1-98. Repealed by P.A. 99-469, eff. 8-26-15.)
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(225 ILCS 335/9) (from Ch. 111, par. 7509) (Section scheduled to be repealed on January 1, 2031) Sec. 9. Licensure requirement. (1) It is unlawful for any person to engage in the business of providing professional roofing services or act in the capacity of or hold himself, herself, or itself out in any manner as a roofing contractor or a qualifying party without having been duly licensed or accepted by the Department under the provisions of this Act. (2) No work involving the construction, reconstruction, alteration, maintenance, or repair of any kind of roofing or waterproofing may be done except by a roofing contractor or a qualifying party licensed or credentialed under this Act. (3) Sellers of roofing services may subcontract the provision of those roofing services only to roofing contractors licensed under this Act. Subcontractors that are licensed roofing contractors shall have at all times updated assumed business names disclosed to the Department, if applicable. (4) All persons performing roofing services under this Act shall be licensed as roofing contractors, except for qualifying parties and those persons who are deemed to be employees under Section 10 of the Employee Classification Act of a licensed roofing contractor. (Source: P.A. 104-427, eff. 8-15-25.) |
(225 ILCS 335/9.1) (from Ch. 111, par. 7509.1) (Section scheduled to be repealed on January 1, 2031) Sec. 9.1. Grounds for disciplinary action. (1) The Department may refuse to issue, to accept, or to renew, or may revoke, suspend, place on probation, reprimand or take other disciplinary or non-disciplinary action as the Department may deem proper, including fines not to exceed $15,000 for each violation, with regard to any license or credential for any one or combination of the following: (a) violation of this Act or its rules; (b) for licensees, conviction or plea of guilty or | ||
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(c) fraud or any misrepresentation in applying for or | ||
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(d) professional incompetence or gross negligence in | ||
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(e) (blank); (f) aiding or assisting another person in violating | ||
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(g) failing, within 60 days, to provide information | ||
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(h) engaging in dishonorable, unethical, or | ||
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(i) habitual or excessive use or abuse of controlled | ||
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(j) discipline by another state, unit of government, | ||
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(k) directly or indirectly giving to or receiving | ||
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(l) a finding by the Department that any licensee or | ||
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(m) a finding by any court of competent jurisdiction, | ||
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(n) willfully making or filing false records or | ||
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(o) practicing, attempting to practice, or | ||
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(p) gross and willful overcharging for professional | ||
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(q) (blank); (r) (blank); (s) failure to continue to meet the requirements of | ||
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(t) physical or mental disability, including | ||
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(u) material misstatement in furnishing information | ||
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(v) (blank); (w) advertising in any manner that is false, | ||
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(x) taking undue advantage of a customer, which | ||
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(y) performing any act or practice that is a | ||
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(z) engaging in the practice of roofing contracting, | ||
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(aa) treating any person differently to the person's | ||
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(bb) knowingly making any false statement, oral, | ||
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(cc) violation of any final administrative action of | ||
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(dd) allowing the use of the roofing license or | ||
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(ee) (blank); (ff) cheating or attempting to subvert a licensing | ||
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(gg) use of a license or credential to permit or | ||
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(2) The determination by a circuit court that a license or credential holder is subject to involuntary admission or judicial admission, as provided in the Mental Health and Developmental Disabilities Code, operates as an automatic suspension. Such suspension will end only upon a finding by a court that the patient is no longer subject to involuntary admission or judicial admission, an order by the court so finding and discharging the patient, and the recommendation of the Board to the Director of the Division of Professional Regulation that the license or credential holder be allowed to resume the license or credential holder's practice. (3) The Department may refuse to issue or take disciplinary action concerning the license or credential of any person who fails to file a return, 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 Department of Revenue, until such time as the requirements of any such tax Act are satisfied as determined by the Department of Revenue. (4) In enforcing this Section, the Department, upon a showing of a possible violation, may compel any individual who is licensed or credentialed under this Act or any individual who has applied for licensure or a credential to submit to a mental or physical examination or evaluation, or both, which may include a substance abuse or sexual offender evaluation, at the expense of the Department. The Department shall specifically designate the examining physician licensed to practice medicine in all of its branches or, if applicable, the multidisciplinary team involved in providing the mental or physical examination and evaluation. The multidisciplinary team shall be led by a physician licensed to practice medicine in all of its branches and may consist of one or more or a combination of physicians licensed to practice medicine in all of its branches, licensed chiropractic physicians, licensed clinical psychologists, licensed clinical social workers, licensed clinical professional counselors, and other professional and administrative staff. Any examining physician or member of the multidisciplinary team may require any person ordered to submit to an examination and evaluation pursuant to this Section to submit to any additional supplemental testing deemed necessary to complete any examination or evaluation process, including, but not limited to, blood testing, urinalysis, psychological testing, or neuropsychological testing. (5) The Department may order the examining physician or any member of the multidisciplinary team to provide to the Department any and all records, including business records, that relate to the examination and evaluation, including any supplemental testing performed. The Department may order the examining physician or any member of the multidisciplinary team to present testimony concerning this examination and evaluation of the licensee or applicant, including testimony concerning any supplemental testing or documents relating to the examination and evaluation. No information, report, record, or other documents in any way related to the examination and evaluation shall be excluded by reason of any common law or statutory privilege relating to communication between the licensee or applicant and the examining physician or any member of the multidisciplinary team. No authorization is necessary from the licensee, qualifying party, or applicant ordered to undergo an evaluation and examination for the examining physician or any member of the multidisciplinary team to provide information, reports, records, or other documents or to provide any testimony regarding the examination and evaluation. The individual to be examined may have, at the individual's own expense, another physician of the individual's choice present during all aspects of the examination. (6) Failure of any individual to submit to mental or physical examination or evaluation, or both, when directed, shall result in an automatic suspension without hearing until such time as the individual submits to the examination. If the Department finds a licensee or qualifying party unable to practice because of the reasons set forth in this Section, the Department shall require the licensee or qualifying party to submit to care, counseling, or treatment by physicians approved or designated by the Department as a condition for continued, reinstated, or renewed licensure. (7) When the Secretary immediately suspends a license or credential under this Section, a hearing upon such person's license or credential must be convened by the Department within 15 days after the suspension and completed without appreciable delay. The Department shall have the authority to review the licensee's or qualifying party's record of treatment and counseling regarding the impairment to the extent permitted by applicable federal statutes and regulations safeguarding the confidentiality of medical records. (8) Licensees and qualifying parties affected under this Section shall be afforded an opportunity to demonstrate to the Department that they can resume practice in compliance with acceptable and prevailing standards under the provisions of their license. (9) (Blank). (10) In cases where the Department of Healthcare and Family Services has previously determined a licensee, qualifying party, a potential licensee, or potential qualifying party is more than 30 days delinquent in the payment of child support and has subsequently certified the delinquency to the Department, the Department may refuse to issue or renew or may revoke or suspend that person's license or credential or may take other disciplinary action against that person based solely upon the certification of delinquency made by the Department of Healthcare and Family Services in accordance with paragraph (5) of subsection (a) of Section 2105-15 of the Department of Professional Regulation Law of the Civil Administrative Code of Illinois. (Source: P.A. 104-427, eff. 8-15-25.) |
(225 ILCS 335/9.2) (from Ch. 111, par. 7509.2) (Section scheduled to be repealed on January 1, 2031) Sec. 9.2. Record of proceedings. The Department, at its expense, shall preserve a record of all proceedings at the formal hearing of any case. The notice of hearing, complaint, answer, and all other documents in the nature of pleadings and written motions and responses filed in the proceedings, the transcript of the testimony, all exhibits admitted into evidence, the report of the hearing officer, the Board's findings of fact, conclusions of law, and recommendations to the Director, and the order of the Department shall be the record of the proceedings. Any licensee who is found to have violated this Act or who fails to appear for a hearing to refuse to issue, restore, or renew a license or to discipline a licensee may be required by the Department to pay for the costs of the proceeding. These costs are limited to costs for court reporters, transcripts, and witness attendance and mileage fees. All costs imposed under this Section shall be paid within 60 days after the effective date of the order imposing the fine.(Source: P.A. 99-469, eff. 8-26-15.) |
(225 ILCS 335/9.3) (from Ch. 111, par. 7509.3) (Section scheduled to be repealed on January 1, 2031) Sec. 9.3. Attendance of witnesses; contempt. Any circuit court may, upon application of the Department or its designee or of the applicant or licensee against whom proceedings are pending, order the attendance and testimony of witnesses, and the production of relevant documents, papers, files, books and records in connection with any hearing or investigation. The court may compel obedience to its order by proceedings for contempt.(Source: P.A. 99-469, eff. 8-26-15.) |
(225 ILCS 335/9.4) (from Ch. 111, par. 7509.4) (Section scheduled to be repealed on January 1, 2031) Sec. 9.4. Subpoenas; oaths. The Department has power to subpoena and bring before it any person in this State and to take the oral or written testimony, or to compel the production of any books, papers, records, documents, exhibits, or other materials that the Secretary or the Secretary's designee deems relevant or material to an investigation or hearing conducted by the Department, with the same fees and mileage and in the same manner as prescribed by law in judicial proceedings in civil cases in courts of this State. The Secretary, the designated hearing officer, any member of the Board, or a certified shorthand court reporter may administer oaths to witnesses at any hearing that the Department conducts. Notwithstanding any other statute or Department rule to the contrary, all requests for testimony or production of documents or records shall be in accordance with this Act.(Source: P.A. 104-427, eff. 8-15-25.) |
(225 ILCS 335/9.5) (from Ch. 111, par. 7509.5) (Section scheduled to be repealed on January 1, 2031) Sec. 9.5. Findings of fact, conclusions of law, and recommendations of the Board; rehearing. The Board shall have 90 days after receipt of the report of the hearing officer to review the report and present their findings of fact, conclusions of law, and recommendations to the Secretary. If the Board fails to present its findings of fact, conclusions of law, and recommendations within the 90-day period, the Secretary may issue an order based on the report of the hearing officer. If the Secretary disagrees with the recommendation of the Board or hearing officer, then the Secretary may issue an order in contravention of the recommendation. In any case involving the refusal to issue or renew or the taking of disciplinary action against a license, a copy of the Board's findings of fact, conclusions of law, and recommendations shall be served upon the respondent by the Department as provided in this Act for the service of the notice of hearing. Within 20 days after such service, the respondent may present to the Department a motion in writing for a rehearing, which motion shall specify the particular grounds therefor. If no motion for rehearing is filed, then upon the expiration of the time specified for filing such a motion or, if a motion for rehearing is denied, then upon such denial the Secretary may enter an order in accordance with recommendations of the Board. If the respondent shall order from the reporting service, and pays for a transcript of the record within the time for filing a motion for rehearing, the 20-day period within which such a motion may be filed shall commence upon the delivery of the transcript to the respondent. Whenever the Secretary is satisfied that substantial justice has not been done in the revocation or suspension of, or the refusal to issue or renew, a license, the Secretary may order a rehearing by the hearing officer. (Source: P.A. 99-469, eff. 8-26-15.) |
(225 ILCS 335/9.6) (from Ch. 111, par. 7509.6) (Section scheduled to be repealed on January 1, 2031) Sec. 9.6. Summary suspension pending hearing. The Secretary may summarily suspend a license issued under this Act without a hearing, simultaneously with the institution of proceedings for a hearing provided for in this Act, if the Secretary finds that evidence indicates that continuation in practice would constitute an imminent danger to the public. In the event that the Secretary summarily suspends a license without a hearing, a hearing by the Department shall be commenced within 30 days after such suspension has occurred and shall be concluded as expeditiously as possible.(Source: P.A. 99-469, eff. 8-26-15.) |
(225 ILCS 335/9.7) (from Ch. 111, par. 7509.7) (Section scheduled to be repealed on January 1, 2031) Sec. 9.7. Final administrative decisions. All final administrative decisions of the Department are subject to judicial review pursuant to the Administrative Review Law and all rules adopted pursuant thereto. The term "administrative decision" is defined as in Section 3-101 of the Code of Civil Procedure. Proceedings for judicial review shall be commenced in the circuit court of the county in which the party applying for review resides, except that, if the party is not a resident of this State, the venue shall be Sangamon County. (Source: P.A. 104-427, eff. 8-15-25.) |
(225 ILCS 335/9.8) (from Ch. 111, par. 7509.8) (Section scheduled to be repealed on January 1, 2031) Sec. 9.8. Criminal penalties. Any person who is found to have violated any provision of this Act is guilty of a Class A misdemeanor for the first offense and such violation may result in a sentence in accordance with subsection (a) of Section 5-4.5-55 of the Unified Code of Corrections and a fine not to exceed $2,500. On conviction of a second or subsequent offense, the violator is guilty of a Class 4 felony, which may result in a sentence in accordance with subsection (a) of Section 5-4.5-45 of the Unified Code of Corrections and a fine of $25,000. Each day of violation constitutes a separate offense. Fines for any and all criminal penalties imposed shall be payable to the Department. (Source: P.A. 104-427, eff. 8-15-25.) |
(225 ILCS 335/9.9) (from Ch. 111, par. 7509.9) (Section scheduled to be repealed on January 1, 2031) Sec. 9.9. Administrative Procedure Act. The Illinois Administrative Procedure Act is hereby expressly adopted and incorporated herein as if all of the provisions of that Act were included in this Act, except that the provision of subsection (d) of Section 10-65 of the Illinois Administrative Procedure Act that provides that at hearings the licensee has the right to show compliance with all lawful requirements for retention, continuation or renewal of the license is specifically excluded. For the purpose of this Act the notice required under Section 10-25 of the Administrative Procedure Act is deemed sufficient when mailed to the last known address of a party.(Source: P.A. 88-45.) |
(225 ILCS 335/9.9a) (Section scheduled to be repealed on January 1, 2031) Sec. 9.9a. Certification of record; costs. The Department shall not be required to certify any record to the court, to file an answer in court, or to otherwise appear in any court in a judicial review proceeding, unless and until the Department has received from the plaintiff payment of the costs of furnishing and certifying the record, which costs shall be determined by the Department. Failure on the part of the plaintiff to file the receipt in court is grounds for dismissal of the action.(Source: P.A. 99-469, eff. 8-26-15.) |
(225 ILCS 335/9.10) (from Ch. 111, par. 7509.10) (Section scheduled to be repealed on January 1, 2031) Sec. 9.10. Returned checks; fines. Any person who delivers a check or other payment to the Department that is returned to the Department unpaid by the financial institution upon which it is drawn shall pay to the Department, in addition to the amount already owed to the Department, a fine of $50. The fines imposed by this Section are in addition to any other discipline provided under this Act for unlicensed practice or practice on a nonrenewed license. The Department shall notify the person that payment of fees and fines shall be paid to the Department by certified check or money order within 30 calendar days of the notification. If, after the expiration of 30 days from the date of the notification, the person has failed to submit the necessary remittance, the Department shall automatically terminate the license or deny the application, without hearing. If, after termination or denial, the person seeks a license, that person shall apply to the Department for restoration or issuance of the license and pay all the application fees as set by rule. The Department may establish a fee for the processing of an application for restoration of a license to pay all expenses of processing this application. The Director may waive the fines due under this Section in individual cases where the Director finds that the fines would be unreasonable or unnecessarily burdensome.(Source: P.A. 99-469, eff. 8-26-15.) |
(225 ILCS 335/9.11) (from Ch. 111, par. 7509.11) Sec. 9.11. (Repealed). (Source: P.A. 86-615. Repealed by P.A. 89-387, eff. 1-1-96.) |
(225 ILCS 335/9.12)
Sec. 9.12. (Repealed).
(Source: P.A. 86-615. Repealed by P.A. 99-469, eff. 8-26-15.)
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(225 ILCS 335/9.13) (from Ch. 111, par. 7509.13) Sec. 9.13. (Repealed). (Source: P.A. 86-615. Repealed by P.A. 89-387, eff. 1-1-96.) |
(225 ILCS 335/9.14) (from Ch. 111, par. 7509.14) (Section scheduled to be repealed on January 1, 2031) Sec. 9.14. Appointment of hearing officer. The Secretary has the authority to appoint any attorney duly licensed to practice law in the State of Illinois to serve as the hearing officer for any action for refusal to issue or renew a license, for discipline of a licensee for sanctions for unlicensed practice, for restoration of a license, or for any other action for which findings of fact, conclusions of law, and recommendations are required pursuant to Section 9.5 of this Act. The hearing officer shall have full authority to conduct the hearing and shall issue his or her findings of fact, conclusions of law, and recommendations to the Board pursuant to Section 9.5 of this Act.(Source: P.A. 99-469, eff. 8-26-15.) |
(225 ILCS 335/9.15) (from Ch. 111, par. 7509.15) (Section scheduled to be repealed on January 1, 2031) Sec. 9.15. Investigation; notice; default. The Department may investigate the actions of any applicant or any person or persons holding or claiming to hold a license. The Department shall, before refusing to issue, renew, or discipline a licensee or applicant, at least 30 days prior to the date set for the hearing, notify the applicant or licensee in writing of the nature of the charges made and the time and place for a hearing on the charges. The Department shall direct the applicant or licensee to file a written answer to the charges with the hearing officer under oath within 20 days after the service of the notice, and inform the applicant or licensee that failure to file an answer will result in default being taken against the applicant or licensee. At the time and place fixed in the notice, the Department shall proceed to hear the charges and the parties or their counsel shall be accorded ample opportunity to present any pertinent statements, testimony, evidence, and arguments. The Department may continue the hearing from time to time. In case the person fails to file an answer after receiving notice, the license may, in the discretion of the Department, be suspended, revoked, or placed on probationary status, or the Department may take whatever disciplinary action deemed proper, including limiting the scope, nature, or extent of the person's practice or the imposition of a fine, without a hearing, if the act or acts charged constitute sufficient grounds for such action under this Act. The written notice and any notice in the subsequent proceeding may be served by registered or certified mail to the licensee's address of record. (Source: P.A. 99-469, eff. 8-26-15.) |
(225 ILCS 335/10) (from Ch. 111, par. 7510) (Section scheduled to be repealed on January 1, 2031) Sec. 10. Injunctive relief; order to cease and desist. (1) If any person violates the provisions of this Act, the Secretary, through the Attorney General of the State of Illinois or the State's Attorney of any county in which a violation is alleged to have occurred, may in the name of the People of the State of Illinois petition for an order enjoining such violation or for an order enforcing compliance with this Act. Upon the filing of a verified petition in such court, the court may issue a temporary restraining order, without notice or bond, and may preliminarily and permanently enjoin such violation, and if it is established that such person has violated or is violating the injunction, the Court may punish the offender for contempt of court. Proceedings under this Section shall be in addition to, and not in lieu of, all other remedies and penalties provided by this Act. (2) If any person shall practice as a licensee or hold himself or herself out as a licensee without being licensed under the provisions of this Act, then any person licensed under this Act, any interested party or any person injured thereby may, in addition to the Secretary, petition for relief as provided in subsection (1) of this Section. (3) (Blank). (4) Whenever, in the opinion of the Department, any person violates any provision of this Act, the Department may issue a rule to show cause why an order to cease and desist should not be entered. The rule shall clearly set forth the grounds relied upon by the Department and shall provide a period of 7 days after the date of issuance of the rule to file an answer to the satisfaction of the Department. Failure to answer to the satisfaction of the Department shall cause an order to cease and desist to be issued forthwith.(Source: P.A. 99-469, eff. 8-26-15.) |
(225 ILCS 335/10a) (Section scheduled to be repealed on January 1, 2031) Sec. 10a. Unlicensed practice; violation; civil penalty. (a) In addition to any other penalty provided by law, any person who practices, offers to practice, attempts to practice, or holds himself or herself out to practice roofing without being licensed under this Act shall, in addition to any other penalty provided by law, pay a civil penalty to the Department in an amount not to exceed $15,000 for each offense as determined by the Department. The civil penalty shall be assessed by the Department after a hearing is held in accordance with the provisions set forth in this Act regarding the provision of a hearing for the discipline of a licensee. (b) The Department has the authority and power to investigate any and all unlicensed activity. (c) The civil penalty shall be paid within 60 days after the effective date of the order imposing the civil penalty. The order shall constitute a judgment and may be filed and execution had thereon in the same manner as any judgment from any court of record.(Source: P.A. 104-427, eff. 8-15-25.) |
(225 ILCS 335/10b)
Sec. 10b. (Repealed).
(Source: P.A. 95-303, eff. 1-1-08. Repealed by P.A. 99-469, eff. 8-26-15.)
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(225 ILCS 335/11) (from Ch. 111, par. 7511) (Section scheduled to be repealed on January 1, 2031) Sec. 11. Application of Act. (1) Nothing in this Act limits the power of a municipality, city, county, incorporated area, or school district to regulate the quality and character of work performed by roofing contractors through a system of permits, fees, and inspections which are designed to secure compliance with and aid in the implementation of State and local building laws or to enforce other local laws for the protection of the public health and safety. (2) Nothing in this Act shall be construed to require a seller of roofing services or a seller of roofing materials to be licensed as a roofing contractor when the construction, reconstruction, alteration, maintenance or repair of roofing or waterproofing is to be performed by a person other than the seller or the seller's employees. (3) Nothing in this Act shall be construed to require a person who performs roofing or waterproofing work to the person's own property, or for no consideration, to be licensed as a roofing contractor. (3.5) Nothing in this Act shall be construed to require an employee who performs roofing or waterproofing work to an employer's residential property, where there exists an employee-employer relationship or for no consideration, to be licensed as a roofing contractor. (4) Nothing in this Act shall be construed to require a person who performs roof repair or waterproofing work to an employer's commercial or industrial property to be licensed as a roofing contractor, where there exists an employer-employee relationship. Nothing in this Act shall be construed to apply to the installation of plastics, glass or fiberglass to greenhouses and related horticultural structures, or to the repair or construction of farm buildings. (5) Nothing in this Act limits the power of a municipality, city, county, incorporated area, or school district to collect occupational license and inspection fees for engaging in roofing contracting. (6) Nothing in this Act limits the power of the municipalities, cities, counties, incorporated areas, or school districts to adopt any system of permits requiring submission to and approval by the municipality, city, county, or incorporated area of plans and specifications for work to be performed by roofing contractors before commencement of the work. (7) Any official authorized to issue building or other related permits shall ascertain that the applicant contractor is duly licensed before issuing the permit. The evidence shall consist only of the exhibition to him or her of current evidence of licensure. (8) This Act applies to any roofing contractor performing work for the State or any municipality, city, county, incorporated area, or school district. Officers of the State or any municipality, city, county, incorporated area, or school district are required to determine compliance with this Act before awarding any contracts for construction, improvement, remodeling, or repair. (9) If an incomplete contract exists at the time of death of a qualifying party or the dissolution of a roofing contractor licensee, the contract may be completed by any person even though not licensed or credentialed. Such person shall notify the Department within 30 days after the death of the qualifying party or the dissolution of the roofing contractor of the person's name and address. For purposes of this subsection (9), an incomplete contract is one which has been awarded to, or entered into by, the licensee before the dissolution or the death of the qualifying party or on which the licensee was the low bidder and the contract is subsequently awarded to the roofing contractor regardless of whether any actual work has commenced under the contract before the dissolution or the death of the qualifying party. (10) The State or any municipality, city, county, incorporated area, or school district may require that bids submitted for roofing construction, improvement, remodeling, or repair of public buildings be accompanied by evidence that that bidder holds an appropriate license issued pursuant to this Act. (11) (Blank). (12) Nothing in this Act shall prevent a municipality, city, county, incorporated area, or school district from making laws or ordinances that are more stringent than those contained in this Act. (13) Nothing in this Act shall be construed to prevent or limit the practice of professional engineering as defined in the Professional Engineering Practice Act of 1989 or the practice of structural engineering as defined in the Structural Engineering Practice Act of 1989. (Source: P.A. 104-427, eff. 8-15-25.) |
(225 ILCS 335/11.5) (Section scheduled to be repealed on January 1, 2031) Sec. 11.5. Roofing Advisory Board. There is created within the Department a Roofing Advisory Board to be composed of persons: (a) Nine members, one of whom is a public member and 5 of whom are each (i) designated as the qualifying party of a licensed roofing contractor or (ii) legally qualified to act for the business entity on behalf of the licensed roofing contractor in all matters connected with its roofing contracting business, exercise the authority to supervise roofing installation operations, and actively engaged in day-to-day activities of the business entity for a licensed roofing contractor. One shall represent a statewide association representing home builders, another shall represent an association predominantly representing retailers, and another shall represent the employees of licensed roofing contractors. The public member shall not represent any association or be licensed or credentialed under this Act. (b) Each member shall be appointed by the Secretary. The membership of the Board should represent racial, ethnic, and cultural diversity and reasonably reflect representation from the various geographic areas of the State. (c) Members of the Board shall be immune from suit in any action based upon any disciplinary proceedings or other acts performed in good faith as members of the Board, unless the conduct that gave rise to the suit was willful and wanton misconduct. (d) Terms for each member of the Board shall be for 4 years. A member shall serve until the member's successor is qualified and appointed. Partial terms over 2 years in length shall be considered as full terms. A member may be reappointed for a successive term, but no member shall serve more than 2 full terms. For any such reappointment, the second term shall begin the day after the end of the first full term. (e) The Secretary may terminate or refuse the appointment of any member of the Board for cause. The Secretary shall be the sole arbiter of cause. (f) The Secretary shall fill a vacancy for the unexpired portion of the term with an appointee who meets the same qualifications as the person whose position has become vacant. (g) The members of the Board shall be reimbursed for all legitimate, necessary, and authorized expenses incurred in attending the meetings of the Board.(Source: P.A. 104-427, eff. 8-15-25.) |
(225 ILCS 335/11.5a) (Section scheduled to be repealed on January 1, 2031) Sec. 11.5a. Roofing Advisory Board; powers and duties. (a) The Board shall meet at least once per year or as otherwise called by the Secretary. (b) Five members of the Board currently appointed shall constitute a quorum. A vacancy in the membership of the Board shall not impair the right of a quorum to exercise all the rights and perform all the duties of the Board. (c) Each member, in exercising the member's duties on behalf of the Board, shall not engage in any self-interest, including, but not limited to, conduct contrary to an appropriate regulatory interest as determined by the Department. (d) The Board shall annually elect a chairperson and a vice chairperson who shall be qualifying parties credentialed under this Act. No officer shall be elected more than twice in succession to the same office unless there are extenuating circumstances. (e) The Board shall elect a successor chairperson or vice chairperson in the event such officer position becomes vacant, and such successor shall serve the remainder of the vacating officer's term. (f) Without limiting the power of the Department to conduct investigations, the Board may recommend to the Secretary that one or more credentialed qualifying parties be selected by the Secretary to conduct or assist in any investigation pursuant to this Act. Each such credentialed qualifying party may receive remuneration as determined by the Secretary. (Source: P.A. 104-427, eff. 8-15-25.) |
(225 ILCS 335/11.6) (Section scheduled to be repealed on January 1, 2031) Sec. 11.6. Confidentiality. All information collected by the Department in the course of an examination or investigation of a licensee or applicant, including, but not limited to, any complaint against a licensee filed with the Department and information collected to investigate any such complaint, shall be maintained for the confidential use of the Department and shall not be disclosed. The Department may not disclose the information to anyone other than law enforcement officials, other regulatory agencies that have an appropriate regulatory interest as determined by the Secretary, or a party presenting a lawful subpoena to the Department. Information and documents disclosed to a federal, State, county, or local law enforcement agency shall not be disclosed by the agency for any purpose to any other agency or person. A formal complaint filed against a licensee by the Department or any order issued by the Department against a licensee or applicant shall be a public record, except as otherwise prohibited by law.(Source: P.A. 99-469, eff. 8-26-15.) |
(225 ILCS 335/11.7) (Section scheduled to be repealed on January 1, 2031) Sec. 11.7. Order or certified copy; prima facie proof. An order or a certified copy thereof, over the seal of the Department and purporting to be signed by the Secretary, shall be prima facie proof that: (1) the signature is the genuine signature of the | ||
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(2) the Secretary is duly appointed and qualified.(Source: P.A. 99-469, eff. 8-26-15.) |
(225 ILCS 335/11.8) (Section scheduled to be repealed on January 1, 2031) Sec. 11.8. Surrender of license. Upon the revocation or suspension of any license, the licensee shall immediately surrender the license or licenses or credential or credentials to the Department. If the licensee or qualifying party fails to do so, the Department shall have the right to seize the license or credential.(Source: P.A. 104-427, eff. 8-15-25.) |
(225 ILCS 335/11.9) (Section scheduled to be repealed on January 1, 2031) Sec. 11.9. Suspension of license for failure to pay restitution. The Department, without further process or hearing, shall suspend the license or other authorization to practice of any person issued under this Act who has been certified by court order as not having paid restitution to a person under Section 8A-3.5 of the Illinois Public Aid Code or under Section 17-10.5 or 46-1 of the Criminal Code of 1961 or the Criminal Code of 2012. A person whose license or other authorization to practice is suspended under this Section is prohibited from practicing until the restitution is made in full.(Source: P.A. 99-469, eff. 8-26-15.) |
(225 ILCS 335/11.10) (Section scheduled to be repealed on January 1, 2031) Sec. 11.10. Citations. (a) The Department may adopt rules to permit the issuance of citations for non-frivolous complaints. The citation shall list the person's name and address, a brief factual statement, the Sections of the Act or rules allegedly violated, the penalty imposed, and, if applicable, the licensee's license number. The citation must clearly state that the person may choose, in lieu of accepting the citation, to request a hearing. If the person does not dispute the matter in the citation with the Department within 30 days after the citation is served, then the citation shall become a final order and shall constitute discipline. The penalty shall be a fine or other conditions as established by rule. (b) The Department shall adopt rules designating violations for which a citation may be issued. Such rules shall designate as citation violations those violations for which there is no substantial threat to the public health, safety, and welfare. Citations shall not be utilized if there was any significant consumer harm resulting from the violation. (c) A citation must be issued within 6 months after the reporting of a violation that is the basis for the citation. (d) Service of a citation may be made by personal service or certified mail to the person at the person's last known address of record or, if applicable, the licensee's address of record.(Source: P.A. 99-469, eff. 8-26-15.) |
(225 ILCS 335/12) (from Ch. 111, par. 7512) (Section scheduled to be repealed on January 1, 2031) Sec. 12. This Act shall be known and may be cited as the "Illinois Roofing Industry Licensing Act".(Source: P.A. 83-1513.) |