(225 ILCS 745/1)
(Section scheduled to be repealed on January 1, 2026)
Sec. 1.
Short title.
This Act may be cited as the Professional Geologist Licensing Act.
(Source: P.A. 89-366, eff. 7-1-96.)
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(225 ILCS 745/5)
(Section scheduled to be repealed on January 1, 2026)
Sec. 5.
Findings.
The General Assembly finds that:
(a) In recent years, governmental bodies have increasingly come to rely upon
advice from geologists when formulating laws and policies to protect the
environment and the safety, property, and well-being of the citizens of this
State.
(b) Some federal and State regulations require that geological
investigations be performed and the geological conditions be interpreted.
(c) Expert opinions regarding the geological conditions of an area provided
to regulatory bodies, State or local governmental agencies, and the public can
have significant impacts on the
environmental quality of this State and on the safety, property, and well-being
of its citizens.
(d) On a worldwide basis, natural geological events such as earthquakes,
floods, and landslides annually cause billions of dollars in property losses
and the deaths of thousands of persons. This loss of life and property, in many
instances, has been reduced or largely avoided when advice provided by
geologists has been accepted and appropriately acted upon in time by
governmental bodies and citizens.
(e) The environment and the safety, property, and well-being of the
citizens of this State are significantly threatened by natural geological
hazards such as earthquakes within the New Madrid and Wabash Valley Seismic
Zones, flooding, landslides, karst collapse, and coastal erosion.
(f) The environment and the safety, property, and well-being of the citizens
of this State also are significantly threatened by geological hazards related
to the acts of humans such as contamination of groundwater resources and mine
subsidence.
(g) The advice of geologists is needed to guide the governmental bodies and
the citizens of this State toward an appropriate level of preparedness for a
future major earthquake within the New Madrid or Wabash Valley Seismic Zones
and to assist the citizens and governmental bodies of this State in reducing
their exposure to risks to the environment and to their safety, property, and
well-being from other geological hazards, both natural and human-caused.
(h) As in the case with other professions that directly affect their safety,
property, and well-being, the citizens of this State need assurance that
persons offering the services of professional geologists are adequately trained
and experienced and are practicing their profession in an ethical manner.
Statutes and rules in this State indicate that certification through peer
review by national professional organizations is not regarded as sufficient
proof of competence and ethical practice for professions that affect the
safety, property, and well-being
of the citizens of this State. Therefore, certification by national
professional organizations also should not be considered sufficient to protect
the citizens of this State from possible harm from the practice of professional
geology by inadequately trained and experienced, or unethical persons.
(Source: P.A. 89-366, eff. 7-1-96.)
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(225 ILCS 745/10)
(Section scheduled to be repealed on January 1, 2026)
Sec. 10.
Declaration of public policy.
The practice of professional
geology in the State of Illinois is hereby declared to affect the public
health, safety, and well-being of its citizens and to be subject to regulation
and control in the public interest. It is further declared that the practice
of professional geology, as defined in this Act, merits the confidence of the
public, and that only qualified persons shall be authorized to engage in the
practice of professional geology in the State of Illinois. This Act shall be
liberally construed to best carry out this purpose.
(Source: P.A. 89-366, eff. 7-1-96.)
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(225 ILCS 745/15)
(Section scheduled to be repealed on January 1, 2026)
Sec. 15. Definitions. In this Act:
"Address of record" means the designated 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. "Board" means the Board of Licensing for Professional Geologists.
"Department" means the Department of Financial and Professional Regulation.
"Geologist" means an individual who, by reason of his or her knowledge of
geology, mathematics, and the physical and life sciences, acquired by education
and practical experience as defined by this Act, is capable of practicing the
science of geology.
"Geology" means the science that includes the treatment of the earth and its
origin and history including, but not limited to, (i) the investigation of the
earth's crust and
interior and the solids and fluids, including all surface and
underground waters, gases, and other materials that compose the earth as they
may relate to geologic processes; (ii) the study of the natural agents, forces,
and
processes that cause changes in the earth; and (iii) the utilization of this
knowledge of the earth and its solids, fluids, and gases, and their collective
properties and processes, for the benefit of humankind.
"Person" or "individual" means a natural person.
"Practice of professional geology" means the performance of,
or the offer to perform, the services of a geologist, including consultation,
investigation, evaluation, planning, mapping, inspection of geologic work, and
other services that require extensive knowledge of geologic laws, formulas,
principles, practice, and methods of data interpretation.
A person shall be construed to practice or offer to practice professional
geology, within the meaning and intent of this Act, if that person (i) by
verbal claim, sign,
advertisement, letterhead, card, or any other means, represents himself or
herself
to be a Licensed Professional Geologist or through the use of some title implies
that he or she is a Licensed Professional Geologist or is licensed under this
Act or (ii) holds himself or herself out as able to perform or does perform
services or work defined in this Act as the practice of
professional geology.
Examples of the practice of professional geology include, but are not limited
to, the
conduct of, or responsible charge for, the following types of activities: (i)
mapping,
sampling,
and analysis of earth materials, interpretation of data, and the preparation of
oral or written testimony regarding the probable geological causes of
events;
(ii) planning, review, and supervision of data gathering activities,
interpretation of geological data gathered by direct and indirect means,
preparation and interpretation of geological maps, cross-sections, interpretive maps and reports
for the purpose of determining regional or site specific geological conditions;
(iii) the planning, review, and supervision of data
gathering activities and interpretation of data on regional or site specific
geological characteristics affecting groundwater;
(iv) the interpretation of
geological conditions on the surface of the Earth and at depth in the Earth for the purpose of determining whether those conditions
correspond to a geologic map of the site or a legally specified geological requirement for the site; and (v) the conducting of
environmental property audits.
"Licensed Professional Geologist" means an individual who is licensed under
this Act to engage in the practice of professional geology in
Illinois.
"Responsible charge" means the independent control and direction, by use of
initiative, skill, and independent judgment, of geological work or the
supervision of that work. "Secretary" means the Secretary of Financial and Professional Regulation.
(Source: P.A. 99-26, eff. 7-10-15.)
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(225 ILCS 745/17)
(Section scheduled to be repealed on January 1, 2026) Sec. 17. References to Department or Director of Professional Regulation. References in this Act (i) to the Department of Professional Regulation are deemed, in appropriate contexts, to be references to the Department of Financial and Professional Regulation and (ii) to the Director of Professional Regulation are deemed, in appropriate contexts, to be references to the Secretary of Financial and Professional Regulation.
(Source: P.A. 96-666, eff. 8-25-09.) |
(225 ILCS 745/20)
(Section scheduled to be repealed on January 1, 2026)
Sec. 20. Exemptions. Nothing in this Act shall be construed to restrict
the use of the title "geologist" or similar words by any person engaged in a
practice of geology exempted under this Act, provided the person does not hold
himself or herself out as being a Licensed Professional Geologist or does not
practice
professional geology in a manner requiring licensure under this Act.
Performance of the following activities does not require licensure as a
licensed professional geologist under this Act:
(a) The practice of professional geology by an | ||
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(b) The practice of professional geology by officers | ||
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(c) The practice of professional geology as geologic | ||
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(d) The teaching of geology in schools, colleges, or | ||
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(e) The practice of professional geology exclusively | ||
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(f) The practice of professional engineering as | ||
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(g) The practice of structural engineering as defined | ||
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(h) The practice of architecture as defined in the | ||
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(i) The practice of land surveying as defined in the | ||
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(j) The practice of landscape architecture as defined | ||
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(k) The practice of professional geology for a period | ||
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(Source: P.A. 102-284, eff. 8-6-21.)
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(225 ILCS 745/25)
(Section scheduled to be repealed on January 1, 2026)
Sec. 25. Restrictions and limitations. No person shall, without a valid
license issued by the Department (i) in any manner hold himself or herself out
to the public as a Licensed Professional Geologist; (ii)
attach the title "Licensed Professional Geologist" to his or her name; or
(iii) render or offer
to render to individuals, corporations, or public agencies services
constituting the practice of professional geology.
(Source: P.A. 99-26, eff. 7-10-15.)
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(225 ILCS 745/30)
(Section scheduled to be repealed on January 1, 2026)
Sec. 30. Powers and duties of the Department. Subject to the provisions
of this Act, the Department may:
(a) Authorize examinations to ascertain the | ||
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(b) Conduct hearings on proceedings to refuse to | ||
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(c) Formulate rules required for the administration | ||
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(d) Obtain written recommendations from the Board | ||
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(e) Maintain rosters of the names and addresses of | ||
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(Source: P.A. 99-26, eff. 7-10-15.)
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(225 ILCS 745/35)
(Section scheduled to be repealed on January 1, 2026)
Sec. 35. Board of Licensing for Professional Geologists; members;
qualifications; duties. (a) The Secretary shall appoint a Board of Licensing
for
Professional Geologists which shall serve in an advisory capacity to the
Secretary. The Board shall be composed of 8 persons, 7 of whom shall be voting
members appointed by the Secretary, who shall give due consideration to
recommendations by members of the profession of geology and of geology
organizations within the State. In addition, the State Geologist or his
or her
designated representative, shall be an advisory, non-voting member of the
Board.
(b) Insofar as possible, the geologists appointed to serve
on the Board shall be generally representative of the occupational and
geographical distribution
of geologists within this State.
(c) Of the 7 appointed voting members of the Board, 6 shall be geologists
and one shall be a member of the general public with no family or business
connection with the practice of geology.
(d) Each of the appointed geologist members of the Board shall be a Licensed Professional Geologist licensed
under this Act with at least 10 years of experience.
(e) Voting members shall be appointed to 4-year terms. Partial terms of over 2 years in length shall be considered full terms.
(f) Members shall hold office until the expiration of their terms or until
their successors have been appointed and have qualified.
(g) No voting member of the Board shall serve more than 2 consecutive full
terms.
(h) Vacancies in the membership of the Board shall be filled by appointment
for the remainder of the unexpired term.
(i) The Secretary may remove or suspend any appointed member of the Board for cause at
any time before the expiration of his or her term. The Secretary shall be the sole arbiter of cause.
(j) The Board shall annually elect one of its members as chairperson and one of its members as vice-chair.
(k) The members of the Board shall be reimbursed for all legitimate
and necessary expenses authorized by the Department incurred in attending the
meetings of the
Board.
(l) The Board may make recommendations to the Secretary to establish the
examinations and their method of grading.
(m) The Board may submit written recommendations to the Secretary concerning
formulation of rules and a Code of Professional Conduct and Ethics. The Board
may recommend or endorse revisions and amendments to the Code and to the
rules from time to time.
(n) The Board may make recommendations on matters relating to continuing
education of Licensed Professional Geologists, including the number of hours
necessary for license renewal, waivers for those unable to meet that
requirement, and acceptable course content. These recommendations shall not
impose an undue burden on the Department or an unreasonable restriction on
those seeking a license renewal. (o) Four voting Board members constitutes a quorum. A quorum is required for all Board decisions.
(Source: P.A. 99-26, eff. 7-10-15.)
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(225 ILCS 745/40)
(Section scheduled to be repealed on January 1, 2026)
Sec. 40. Application for original license. Applications for original
licenses shall be made to the Department on forms prescribed by the Department
and accompanied by the required fee. All applications shall contain the
information that, in the judgment of the Department, will enable the Department
to pass on the qualifications of the applicant for a license to practice as a Licensed Professional Geologist.
(Source: P.A. 96-1327, eff. 7-27-10.)
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(225 ILCS 745/45)
(Section scheduled to be repealed on January 1, 2026)
Sec. 45. Examination; failure or refusal to take the examination.
(a) The Department shall authorize examinations of applicants for original licensure as a Professional Geologist at such times
and places as it may determine. The examination for licensure as a Licensed Professional Geologist shall be a 2-part examination, with one part
fairly testing an applicant's
knowledge of the fundamental theory and concepts of the science of geology, including
subjects that are generally taught in geology curricula of accredited colleges and
universities, and the other part testing the applicant's knowledge of the practical application and uses of the theory and science of geology.
(b) Applicants for examinations shall pay, either to the Department or to
the
designated testing service, a fee covering the cost of providing the
examination. Failure to appear for the examination on the scheduled date at
the time and place specified after the 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) If the applicant neglects, fails, or refuses to take an examination or
fails to pass an examination for a license under this Act within 6 years after
filing an application, the application shall be denied. However, the applicant
may thereafter submit a new application accompanied by the required fee. The
applicant shall meet the requirements in force at the time of making the new
application.
(d) The Department may employ consultants for the purpose of preparing and
conducting examinations.
(e) The Department shall have the authority to adopt or recognize, in part
or in whole, examinations prepared, administered, or graded by other
organizations that are determined appropriate to measure the qualifications of
an applicant for licensure as a Licensed Professional Geologist.
(Source: P.A. 96-1327, eff. 7-27-10.)
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(225 ILCS 745/50)
(Section scheduled to be repealed on January 1, 2026)
Sec. 50. Qualifications for licensure.
(a) The Department may issue a license to practice as a Licensed Professional Geologist to any applicant who meets the following qualifications:
(1) The applicant has completed an application form | ||
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(2) The applicant is of good ethical character, | ||
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(3) The applicant has earned a degree in geology from | ||
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(4) The applicant has a documented record of a | ||
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(5) The applicant has passed an examination | ||
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(6) The applicant has complied with all other | ||
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(b) A license to practice as a Licensed Professional Geologist shall not be denied any
applicant because of the applicant's race, religion, creed, national origin,
political beliefs or activities, age, sex, sexual orientation, or physical
impairment.
(c) The Department may establish by rule an intern process to, in part, allow (1) a graduate who has earned a degree in geology from an accredited college or university in accordance with this Act or (2) a student in a degree program at an accredited college or university who has completed the necessary course requirements established in this Section to request to take one or both parts of the examination required by the Department without first submitting a formal application to the Department for licensure as a Licensed Professional Geologist. The Department may set by rule the criteria for the intern process, including, but not limited to, the educational requirements, exam requirements, experience requirements, remediation requirements, and any fees or applications required for the process. The Department may also set by rule provisions concerning disciplinary guidelines and the use of the title "intern" or "trainee" by a graduate or student who has passed the required examination. (Source: P.A. 99-26, eff. 7-10-15.)
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(225 ILCS 745/52)
(Section scheduled to be repealed on January 1, 2026)
Sec. 52.
Alternate qualification for licensure.
The Department may issue a license to practice professional geology in
Illinois to any applicant who,
on or before July 1, 1998, meets the following qualifications:
(1) The applicant has completed an application form | ||
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(2) The applicant meets all of the requirements for a | ||
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(Source: P.A. 89-366, eff. 7-1-96; 90-61, eff. 12-30-97.)
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(225 ILCS 745/54)
(Section scheduled to be repealed on January 1, 2026)
Sec. 54. Previous qualification in other jurisdiction. The Department
may, upon the recommendation of the Board, issue a
license by endorsement to any applicant who, upon applying to the Department
and remitting the required application fee, meets all of the following
qualifications:
(1) The applicant holds an active, valid license to | ||
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(2) The applicant is of good ethical character as | ||
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(3) The applicant has met any other qualifications | ||
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An applicant has 3 years from the date of application to complete the application process. If the process has not been completed within this 3 year period, then the application shall be denied, the fee shall be forfeited, and the applicant must re-apply and meet the requirements in effect at the time of re-application. (Source: P.A. 96-1327, eff. 7-27-10.)
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(225 ILCS 745/60)
(Section scheduled to be repealed on January 1, 2026)
Sec. 60. Seals.
(a) Upon licensure, each licensee shall obtain a seal of a design
as required by rule bearing the licensee's
name, license number, and the legend "Licensed
Professional Geologist".
(b) All preliminary, draft, and final geologic reports, documents,
permits, affidavits, maps, boring logs, cross sections,
or other records offered to the public and prepared or issued by or under the
supervision of a Licensed Professional Geologist shall include the full name,
signature, and license number of the licensee, and the date of license
expiration of the person who prepared the document or under whose supervision
it was prepared, and an impression of the licensee's seal, in accordance with
rules issued by the Department.
(c) The Licensed Professional Geologist who has contract responsibility
shall seal a cover sheet of the professional work products and those
individual portions of the professional work products for which the Licensed Professional Geologist is legally and professionally responsible. A Licensed Professional Geologist practicing as the support professional shall seal those individual
portions of professional work products for which that Licensed Professional Geologist is legally and professionally responsible.
(d) The use of a Licensed Professional Geologist's seal on professional work
products
constitutes a representation that the work prepared by or under the personal
supervision of that Licensed Professional Geologist has been prepared and
administered in accordance with the standards of reasonable professional skill
and diligence.
(e) It is unlawful to affix one's seal to professional work products if doing so
masks the true identity of the person who actually exercised direction,
supervision, and responsible charge of the preparation of that work. A Licensed Professional Geologist
who signs and seals professional work
products is not responsible for damage caused by subsequent changes to or uses
of those professional work products, if the subsequent changes or uses,
including changes or uses made by State or local government agencies, are not
authorized or approved by the Licensed Professional Geologist
who originally signed and sealed the
professional work products.
(Source: P.A. 99-26, eff. 7-10-15.)
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(225 ILCS 745/65)
(Section scheduled to be repealed on January 1, 2026)
Sec. 65. Expiration and renewal of license. The expiration date and
renewal period for each license shall be set by rule. A Licensed Professional Geologist
whose license has expired may reinstate
his or her license or enrollment at any time within 5 years after the
expiration thereof, by making a renewal application and by paying the required
fee. However, any Licensed Professional Geologist whose license expired
while he or she was (i) on active duty with the Armed Forces of the United
States or called into service or training by the State militia or (ii) in
training or education under the supervision of the United States preliminary to
induction into the military service, may have his or her Licensed Professional Geologist
license renewed, reinstated, or restored without paying any
lapsed renewal fees if within 2 years after termination of the service,
training, or education the Licensed Professional Geologist furnishes to the Department
satisfactory evidence of the service, training, or education and that it has been
terminated under honorable conditions.
Any Licensed Professional Geologist whose license has expired for more
than 5 years may have it restored by making application to the Department,
paying the required fee, and
filing acceptable proof of fitness to have the license restored.
The proof may include sworn evidence certifying active practice in another
jurisdiction.
If the geologist
has not practiced for 5 years or more, the Board shall determine by an
evaluation program established by rule, whether that individual is fit to
resume active status as a Licensed Professional Geologist. The Board may require the geologist to complete a
period of
evaluated professional experience and may require successful
completion of an examination.
The Department may refuse to issue or may suspend the license of any person
who fails to file a tax 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.
(Source: P.A. 99-26, eff. 7-10-15.)
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(225 ILCS 745/70) (Section scheduled to be repealed on January 1, 2026) Sec. 70. Fees. (a) Except as provided in subsection (b), the fees for the
administration and enforcement of this Act, including but not limited to
original licensure, renewal, and restoration fees, shall be set by the
Department by rule. The fees
shall not be refundable. (b) Applicants for examination shall be required to pay, either to the
Department or the designated testing service, a fee covering the cost of
initial screening to determine the applicant's eligibility and the cost of providing one or both parts of 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 the forfeiture of the examination fee. (c) All fees and other monies collected under this Act shall be deposited
in the General Professions Dedicated Fund.(Source: P.A. 96-1327, eff. 7-27-10.) |
(225 ILCS 745/75) (Section scheduled to be repealed on January 1, 2026) Sec. 75. 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 calendar 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 a hearing. If, after termination or denial, the person
seeks a license to practice as a Licensed Professional Geologist, he or she shall apply to the Department for
restoration or issuance of the license and pay all fees and
fines due to the Department. 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 Secretary may waive the fines
due under this Section in individual cases where the Secretary finds that the
fines would be unreasonable or unnecessarily burdensome.(Source: P.A. 99-26, eff. 7-10-15.) |
(225 ILCS 745/80) (Section scheduled to be repealed on January 1, 2026) Sec. 80. Disciplinary actions. (a) The Department may refuse to issue or renew, or may revoke, suspend,
place on probation, reprimand, or take other disciplinary or non-disciplinary action as the
Department may deem appropriate, including fines not to exceed $10,000 for each
violation, with regard to any license for any one or combination of the
following: (1) Material misstatement in furnishing information | ||
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(2) Violations of this Act, or of the rules | ||
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(3) Conviction by plea of guilty or nolo contendere, | ||
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(4) Making any misrepresentation for the purpose of | ||
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(5) Professional incompetence. (6) Malpractice. (7) Aiding or assisting another person in violating | ||
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(8) Failing, within 60 days, to provide information | ||
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(9) Engaging in dishonorable, unethical, or | ||
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(10) Habitual or excessive use or addiction to | ||
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(11) Discipline by another state, the District of | ||
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(12) Directly or indirectly giving to or receiving | ||
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(13) A finding by the Department that the licensee, | ||
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(14) Willfully making or filing false records or | ||
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(15) Physical illness, including but not limited to, | ||
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(16) Solicitation of professional services other than | ||
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(17) Conviction of or cash compromise of a charge or | ||
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(18) Failure to (i) file a tax return, (ii) pay the | ||
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(19) Conviction by any court of competent | ||
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(20) Gross, willful, or continued overcharging for | ||
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(21) Practicing under a false or, except as provided | ||
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(22) Fraud or misrepresentation in applying for, or | ||
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(23) Cheating on or attempting to subvert the | ||
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(b) The determination by a circuit court that a licensee is subject to
involuntary admission or judicial admission as provided in the Mental Health
and Developmental Disabilities Code operates as an automatic suspension. The
suspension will end only upon a finding by a court that the licensee is no
longer subject to the involuntary admission or judicial admission and issues an
order so finding and discharging the licensee; and upon the recommendation of
the Board to the Secretary that the licensee be allowed to
resume his or her practice. All fines imposed under this Section shall be paid within 60 days after the effective date of the order imposing the fine or in accordance with the terms set forth in the order imposing the fine. (Source: P.A. 99-26, eff. 7-10-15.) |
(225 ILCS 745/85) (Section scheduled to be repealed on January 1, 2026) Sec. 85. Injunctive action; cease and desist order. (a) If any person violates the provisions of this Act, the Director, in the
name of the People of the State of Illinois, through the Attorney General or
the State's Attorney of the county in which the violation is alleged to have
occurred, may petition for an order enjoining the violation or for an order
enforcing compliance with this Act. Upon the filing of a verified petition, the
court with appropriate jurisdiction may issue a temporary restraining order,
without notice or bond, and may preliminarily and permanently enjoin the
violation. If it is established that the person has violated or is violating
the injunction, the court may punish the offender for contempt of court.
Proceedings under this Section are in addition to, and not in lieu of, all
other remedies and penalties provided by this Act. (b) If a person practices as a Licensed Professional Geologist or holds
himself or herself out as a Licensed Professional Geologist in Illinois,
without being
licensed to do so under this Act, then any
Licensed Professional Geologist, interested party, or any person injured
thereby may
petition for relief as provided in subsection (a) of this Section. (c) Whenever, in the opinion of the Department, a 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 against that person. The rule
shall clearly set forth the grounds relied upon by the Department and shall
allow
at least 7 days from the date of the rule to file an answer satisfactory to the
Department. Failure to
answer to the satisfaction of the Department shall cause an order to cease and
desist to be issued.(Source: P.A. 96-1327, eff. 7-27-10.) |
(225 ILCS 745/90) (Section scheduled to be repealed on January 1, 2026) Sec. 90. Investigations; notice and hearing. The Department may
investigate the actions of any applicant or of any person or persons rendering
or offering to render geological services or any person holding or
claiming to hold a license as a Licensed Professional Geologist. The
Department shall, before revoking, suspending, placing on probation,
reprimanding, or taking any other disciplinary action under Section 80 of this
Act, at least 30 days before the date set for the hearing, (i) notify the
accused in writing of the charges made and the time and place for the hearing
on the charges, (ii) direct him or her to file a written answer to the charges
with the Board under oath within 20 days after the service on him or her of the
notice, and (iii) notify the accused that, if he or she fails to answer,
default will be taken against him or her, and that his or her license may be
suspended, revoked, placed on probationary status, or other disciplinary action
taken with regard to the license, including limiting the scope, nature, or
extent
of his or her practice, as the Department may consider proper. At the time and
place fixed in the notice, the Board 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 Board may
continue the hearing from time to time. In case the person, after receiving
the notice, fails to file an answer, his or her license may, in the discretion
of the Department, be suspended, revoked, placed on probationary status, or subject to any other disciplinary action the
Department considers 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 that action under this Act. The written notice may be served by
personal delivery or by certified mail to the licensee's address of record.(Source: P.A. 99-26, eff. 7-10-15.) |
(225 ILCS 745/95)
(Section scheduled to be repealed on January 1, 2026)
Sec. 95. Record of proceedings; transcript. The Department, at its
expense, shall preserve a record of all proceedings at the formal hearing of
any case. The notice of hearing, complaint, all other documents in the nature
of pleadings, written motions filed in the proceedings, the transcripts of
testimony, the
report of the hearing officer and the Board, and orders of the Department shall be in the record of the
proceeding.
(Source: P.A. 99-26, eff. 7-10-15.)
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(225 ILCS 745/100)
(Section scheduled to be repealed on January 1, 2026)
Sec. 100. Subpoenas; depositions; oaths. The Department has the power to
subpoena and to bring before it any person and to take testimony either orally
or by deposition, or both, with the same fees and mileage and in the same
manner as prescribed in civil cases in the courts of this State.
The Secretary, the designated hearing officer, and every member of the Board
has the power to administer oaths to witnesses at any hearing that the
Department is authorized to conduct, and any other oaths authorized in any Act
administered by the Department.
(Source: P.A. 99-26, eff. 7-10-15.)
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(225 ILCS 745/105)
(Section scheduled to be repealed on January 1, 2026)
Sec. 105.
Compelling testimony.
Any circuit court, upon application of
the Department, designated hearing officer, or the applicant or licensee
against whom proceedings under Section 80 of this Act are pending, may enter an
order requiring the attendance of witnesses and their testimony, and the
production of 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. 89-366, eff. 7-1-96.)
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(225 ILCS 745/110) (Section scheduled to be repealed on January 1, 2026) Sec. 110. Findings and recommendations. At the conclusion of the hearing,
the Board shall present to the Secretary a written report of its findings of
fact, conclusions of law, and recommendations. The report shall contain a
finding whether or not the accused person violated this Act or its rules or
failed to comply with the conditions required in this Act or its rules. The
Board shall specify the nature of any violations or failure to comply and shall
make its recommendations to the Secretary. In making recommendations for any
disciplinary actions, the Board may take into consideration all facts and
circumstances bearing upon the reasonableness of the conduct of the accused
and the potential for future harm to the public, including but not limited to
previous discipline of the accused by the Department, intent, degree of harm to
the public and likelihood of harm in the future, any restitution made by the
accused, and whether the incident or incidents contained in the complaint
appear to be isolated or represent a continuing pattern of conduct. In making
its recommendations for discipline, the Board shall endeavor to ensure that the
severity of the discipline recommended is reasonably related to the severity of
the violation. The report of findings of fact, conclusions of law, and recommendation of the
Board shall be the basis for the Department's order refusing to issue, restore,
or renew a person's license to practice as a Licensed Professional Geologist, or otherwise disciplining a licensee. If the Secretary disagrees with the recommendations of the Board, the Secretary may issue an
order in contravention of the Board recommendations. The Secretary shall
provide a written report to the Board on any disagreement and shall specify the
reasons for the action in the final order. The finding is not admissible in
evidence against the person in a criminal prosecution brought for a violation
of this Act, but the hearing and finding are not a bar to a criminal
prosecution brought for a violation of this Act.(Source: P.A. 99-26, eff. 7-10-15.) |
(225 ILCS 745/115)
(Section scheduled to be repealed on January 1, 2026)
Sec. 115.
Board; rehearing.
At the conclusion of the hearing, a copy of
the Board's report shall be served upon the applicant or licensee by the
Department, either personally or as provided in this Act for the service of a
notice of hearing. Within 20 days after service, the applicant or
licensee may present to the Department a motion in writing for a rehearing,
which shall specify the particular grounds for rehearing. The Department may
respond to the motion for rehearing within 20 days after its service on the
Department. 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 denial, the Director may enter an order in accordance
with recommendations of the Board except as provided in Section 120 of this
Act. If the applicant or licensee orders 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 a motion may be filed shall commence
upon the delivery of the transcript to the applicant or licensee.
(Source: P.A. 89-366, eff. 7-1-96.)
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(225 ILCS 745/120) (Section scheduled to be repealed on January 1, 2026) Sec. 120. Secretary; rehearing. Whenever the Secretary believes that
justice has not been done in the revocation, suspension, or refusal to issue,
restore, or renew a person's license to practice as a Licensed Professional Geologist, or other discipline of an applicant or licensee,
he or she may order a rehearing by the same or other examiners.(Source: P.A. 99-26, eff. 7-10-15.) |
(225 ILCS 745/125) (Section scheduled to be repealed on January 1, 2026) Sec. 125. Appointment of a hearing officer. The Secretary has the
authority to appoint any attorney licensed to practice law in the State of
Illinois to serve as the hearing officer in any action for refusal to issue,
restore, or renew a person's license to practice as a Licensed Professional Geologist or to discipline a licensee. The hearing officer
has full authority to conduct the hearing. Members of the Board
may attend each hearing. The hearing officer shall report his or her
findings of fact, conclusions of law, and recommendations to the Board and the
Secretary. The Board shall have 60 calendar days from receipt of the report to
review the report of the hearing officer and present its findings of fact,
conclusions of law, and recommendations to the Secretary. If the Board does not
present its report within the 60-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 of the hearing officer, the Secretary may
issue an order in contravention of the
recommendation. The Secretary shall promptly provide a written report to the
Board on any deviation, and shall specify the reasons for the action in the
final order.(Source: P.A. 99-26, eff. 7-10-15.) |
(225 ILCS 745/130)
(Section scheduled to be repealed on January 1, 2026)
Sec. 130. Order or certified copy; prima facie proof. An order or
certified copy thereof, over the seal of the Department and purporting to be
signed by the Secretary, is prima facie proof that:
(a) the signature is the genuine signature of the | ||
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(b) the Secretary is duly appointed and qualified; and
(c) the Board and its members are qualified to act.
(Source: P.A. 99-26, eff. 7-10-15.)
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(225 ILCS 745/135) (Section scheduled to be repealed on January 1, 2026) Sec. 135. Restoration of suspended or revoked license. At any time after
the successful completion of a term of indefinite probation, suspension, or revocation of a license to practice as a Licensed Professional Geologist, the Department may restore it to
the licensee, upon the written recommendation of the Board, unless after an
investigation and a hearing the Board determines that restoration is not in
the public interest.(Source: P.A. 99-26, eff. 7-10-15.) |
(225 ILCS 745/140) (Section scheduled to be repealed on January 1, 2026) Sec. 140. Surrender of license. Upon the revocation or suspension of a
person's license to practice as a Licensed Professional Geologist, the licensee shall immediately surrender his or her license to the
Department and the licensee's name and address shall be added to the list of individuals whose licenses have been revoked, suspended, or denied renewal for cause. If the licensee fails to surrender his or her license, the Department has the right to
seize the license.(Source: P.A. 96-1327, eff. 7-27-10.) |
(225 ILCS 745/145) (Section scheduled to be repealed on January 1, 2026) Sec. 145. Summary suspension of a license. The Secretary may summarily
suspend the license of a Licensed Professional Geologist without a hearing,
simultaneously with the institution of proceedings for a hearing provided for
in Section 90 of this Act, if the Secretary finds that evidence in the
Secretary's possession indicates that the continuation of practice by a
Licensed Professional Geologist would constitute an imminent danger to the
public. In the event that the Secretary summarily suspends the license of a
Licensed Professional Geologist without a hearing, a hearing must be
commenced within 30 days after the suspension has occurred and concluded as
expeditiously as practical.(Source: P.A. 99-26, eff. 7-10-15.) |
(225 ILCS 745/150)
(Section scheduled to be repealed on January 1, 2026)
Sec. 150.
Administrative review; venue.
(a) All final administrative decisions of the Department are subject to
judicial review under the Administrative Review Law and its rules. The
term "administrative decision" is defined as in Section 3-101 of the Code of
Civil Procedure.
(b) Proceedings for judicial review shall be commenced in the circuit court
of the county in which the party applying for review resides, but if the party
is not a resident of Illinois, the venue shall be in Sangamon County.
(Source: P.A. 89-366, eff. 7-1-96.)
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(225 ILCS 745/155)
(Section scheduled to be repealed on January 1, 2026)
Sec. 155. Administrative review; certifications of record; costs. All final administrative decisions of the Department are subject to judicial review pursuant to the Administrative Review Law and its rules. 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, but, if the party is not a resident of this State, the venue shall be in Sangamon County. 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.
During the pendency and hearing of any and all judicial proceedings incident to the disciplinary action, the sanctions imposed upon the accused by the Department specified in the Department's final administrative decision shall, as a matter of public policy, remain in full force and effect in order to protect the public pending final resolution of any of the proceedings.(Source: P.A. 99-26, eff. 7-10-15.)
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(225 ILCS 745/160) (Section scheduled to be repealed on January 1, 2026) Sec. 160. Violations. (a) Using or attempting to use an expired license is a Class A misdemeanor. (b) Each of the following acts is a Class A misdemeanor for the first
offense and a Class 4 felony for a second or subsequent offense: (1) A violation of any provision of this Act or its | ||
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(2) The making of any wilfully false oath or | ||
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(3) Using or attempting to use an inactive, | ||
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(4) The practice, attempt to practice, or offer to | ||
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(5) Advertising or displaying any sign or card or | ||
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(6) Obtaining or attempting to obtain a license by | ||
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(Source: P.A. 96-1327, eff. 7-27-10.) |
(225 ILCS 745/162)
(Section scheduled to be repealed on January 1, 2026)
Sec. 162. Civil penalties.
(a) In addition to any other penalty provided by law, any person who
violates this Act shall forfeit and pay a civil penalty to the Department in an
amount not to exceed $10,000 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 of 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.
(d) All moneys collected under this Section shall be deposited into the
General Professions Dedicated Fund.
(Source: P.A. 99-26, eff. 7-10-15.)
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(225 ILCS 745/165)
(Section scheduled to be repealed on January 1, 2026)
Sec. 165. Consent order. At any point in the proceedings as provided in
Sections 85 through 130 and Section 150, both parties may agree to a negotiated
consent order. The consent order shall be final upon signature of the
Secretary.
(Source: P.A. 99-26, eff. 7-10-15.)
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(225 ILCS 745/170)
(Section scheduled to be repealed on January 1, 2026)
Sec. 170. Illinois Administrative Procedure Act; application. The Illinois
Administrative Procedure Act is expressly adopted and incorporated in this Act
as if all of the provisions of that Act were included in this Act, except that
the provision of paragraph (d) of Section 10-65 of the
Illinois Administrative Procedure Act, which provides that at hearings the
registrant or licensee has the right to show compliance with all lawful
requirements for retention or continuation or renewal of the license, is
specifically excluded. For the purpose of this Act, the notice required under
Section 10-25 of the Illinois Administrative Procedure Act is
considered sufficient when mailed to the address of record.
(Source: P.A. 99-26, eff. 7-10-15.)
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(225 ILCS 745/175)
(Section scheduled to be repealed on January 1, 2026)
Sec. 175.
Home rule.
The regulation and licensing of the practice of
professional geology are exclusive powers and functions of the State. A home
rule unit may not regulate or license the practice of professional geology,
except as provided under subsection (e) of Section 20 of this Act. This
Section
is a denial and limitation of home rule powers and functions under subsection
(h) of Section 6 of Article VII of the Illinois Constitution.
(Source: P.A. 89-366, eff. 7-1-96.)
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(225 ILCS 745/180) (Section scheduled to be repealed on January 1, 2026) Sec. 180. 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 shall not disclose the information to anyone other than law enforcement officials, 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. 99-26, eff. 7-10-15.) |
(225 ILCS 745/195)
Sec. 195.
(Amendatory provisions; text omitted).
(Source: P.A. 89-366, eff. 7-1-96; text omitted.)
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(225 ILCS 745/197)
Sec. 197.
(Amendatory provisions; text omitted).
(Source: P.A. 89-366, eff. 1-1-96; text omitted.)
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(225 ILCS 745/199)
(Section scheduled to be repealed on January 1, 2026)
Sec. 199.
Effective date.
This Act takes effect January 1, 1996, except
that Sections 1 through 195 take effect July 1, 1996.
(Source: P.A. 89-366, eff. 1-1-96.)
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