(420 ILCS 44/20)
(a) The Agency may undertake
projects to determine whether and to what extent radon and radon progeny are
present in dwellings and other buildings, to determine to what
extent their presence constitutes a risk to public health, and to determine
what measures are effective in reducing and preventing the risk to public
(b) In addition
to other powers granted under this Act, the Agency is authorized to:
(1) Establish a program for measuring radon or radon
progeny in dwellings and other buildings.
(2) Conduct surveys and studies in cooperation with
the Department of Natural Resources and the Department of Public Health to determine the distribution and concentration of radon or radon progeny in dwellings and other buildings and the associated health risk and to evaluate measures that may be used to mitigate a present or potential health risk.
(3) Enter into dwellings and other buildings with the
consent of the owner or occupant to engage in monitoring activities or to conduct remedial action studies or programs.
(4) Enter into contracts for projects undertaken
pursuant to subsection (a).
(5) Enter into agreements with other departments,
agencies, and subdivisions of the federal government, the State, and units of local government to implement this Act.
(6) Establish training and educational programs.
(7) Apply for, accept, and use grants or other
financial assistance and accept and use gifts of money or property to implement this Act.
(8) Provide technical assistance to persons and to
other State departments, agencies, political subdivisions, units of local government, and school districts.
(9) Prescribe forms for application for a license.
(10) Establish the minimum qualifications for a
license, including requirements for examinations or performance testing, and issue licenses to persons found to be qualified.
(10.5) Investigate any unlicensed activity.
(11) Conduct hearings or proceedings to revoke,
suspend, or refuse to issue or renew a license, or assess civil penalties.
(12) Adopt rules for the administration and
(13) Establish by rule fees to recover the cost of
(Source: P.A. 94-369, eff. 7-29-05.)
(420 ILCS 44/45)
Grounds for disciplinary action.
The Agency may refuse to
issue or to renew, or may revoke, suspend, or
take other disciplinary action as the Agency may deem proper, including
fines not to exceed $1,000 for each violation, with regard to any license for
any one or combination of the following causes:
(a) Violation of this Act or its rules.
(b) Conviction of a crime under the laws of any
United States jurisdiction that is a felony or of any crime that directly relates to the practice of detecting or reducing the presence of radon or radon progeny. Consideration of such conviction of an applicant shall be in accordance with Section 46.
(c) Making a misrepresentation for the purpose of
(d) Professional incompetence or gross negligence in
the practice of detecting or reducing the presence of radon or radon progeny.
(e) Gross malpractice, prima facie evidence of which
may be a conviction or judgment of malpractice in a court of competent jurisdiction.
(f) Aiding or assisting another person in violating a
provision of this Act or its rules.
(g) Failing, within 60 days, to provide information
in response to a written request made by the Agency that has been sent by mail to the licensee's last known address.
(h) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive, defraud, or harm the public.
(i) Habitual or excessive use or addiction to
alcohol, narcotics, stimulants, or any other chemical agent or drug that results in the inability to practice with reasonable judgment, skill, or safety.
(j) Discipline by another United States jurisdiction
or foreign nation, if at least one of the grounds for the discipline is the same or substantially equivalent to those set forth in this Section.
(k) Directly or indirectly giving to or receiving
from a person any fee, commission, rebate, or other form of compensation for a professional service not actually or personally rendered.
(l) A finding by the Agency that the licensee has
violated the terms of a license.
(m) Conviction by a court of competent jurisdiction,
either within or outside of this State, of a violation of a law governing the practice of detecting or reducing the presence of radon or radon progeny if the Agency determines after investigation that the person has not been sufficiently rehabilitated to warrant the public trust.
(n) A finding by the Agency that a license has been
applied for or obtained by fraudulent means.
(o) Practicing or attempting to practice under a name
other than the full name as shown on the license or any other authorized name.
(p) Gross and willful overcharging for professional
services, including filing false statements for collection of fees or moneys for which services are not rendered.
(q) Failure to file a return or to pay the tax,
penalty, or interest shown in a filed return, or to pay any final assessment of tax, penalty, or interest, as required by a tax Act administered by the Department of Revenue, until such time as the requirements of any such tax Act are satisfied.
(s) Failure to meet child support orders, as provided
in Section 10-65 of the Illinois Administrative Procedure Act.
(t) Failure to pay a fee or civil penalty properly
(Source: P.A. 100-286, eff. 1-1-18; 100-872, eff. 8-14-18.)
(420 ILCS 44/46)
(a) The Agency shall not require applicants to report the following information and shall not consider the following criminal history records in connection with an application for a license under this Act:
(1) Juvenile adjudications of delinquent minors as
defined in Section 5-105 of the Juvenile Court Act of 1987, subject to the restrictions set forth in Section 5-130 of the Juvenile Court Act of 1987.
(2) Law enforcement records, court records, and
conviction records of an individual who was 17 years old at the time of the offense and before January 1, 2014, unless the nature of the offense required the individual to be tried as an adult.
(3) Records of arrest not followed by a conviction.
(4) Convictions overturned by a higher court.
(5) Convictions or arrests that have been sealed or
(b) The Agency, upon a finding that an applicant for a license was convicted of a felony or a crime that relates to the practice of detecting or reducing the presence of radon or radon progeny, shall consider any evidence of rehabilitation and mitigating factors contained in the applicant's record, including any of the following factors and evidence, to determine if the conviction will impair the ability of the applicant to engage in the position for which a license is sought:
(1) the lack of direct relation of the offense for
which the applicant was previously convicted to the duties, functions, and responsibilities of the position for which a license is sought;
(2) whether 5 years since a felony conviction or 3
years since release from confinement for the conviction, whichever is later, have passed without a subsequent conviction;
(3) if the applicant was previously licensed or
employed in this State or other states or jurisdictions, then the lack of prior misconduct arising from or related to the licensed position or position of employment;
(4) the age of the person at the time of the criminal
(5) successful completion of sentence and, for
applicants serving a term of parole or probation, a progress report provided by the applicant's probation or parole officer that documents the applicant's compliance with conditions of supervision;
(6) evidence of the applicant's present fitness and
(7) evidence of rehabilitation or rehabilitative
effort during or after incarceration, or during or after a term of supervision, including, but not limited to, a certificate of good conduct under Section 5-5.5-25 of the Unified Code of Corrections or a certificate of relief from disabilities under Section 5-5.5-10 of the Unified Code of Corrections; and
(8) any other mitigating factors that contribute to
the person's potential and current ability to perform the duties and responsibilities of the position for which a license or employment is sought.
(c) If the Agency refuses to issue a license to an applicant, then the Agency shall notify the applicant of the denial in writing with the following included in the notice of denial:
(1) a statement about the decision to refuse to
(2) a list of the convictions that the Agency
determined will impair the applicant's ability to engage in the position for which a license is sought;
(3) a list of convictions that formed the sole or
partial basis for the refusal to issue a license; and
(4) a summary of the appeal process or the earliest
the applicant may reapply for a license, whichever is applicable.
(d) No later than May 1 of each year, the Agency must prepare, publicly announce, and publish a report of summary statistical information relating to new and renewal license applications during the preceding calendar year. Each report shall show, at a minimum:
(1) the number of applicants for a new or renewal
license under this Act within the previous calendar year;
(2) the number of applicants for a new or renewal
license under this Act within the previous calendar year who had any criminal conviction;
(3) the number of applicants for a new or renewal
license under this Act in the previous calendar year who were granted a license;
(4) the number of applicants for a new or renewal
license with a criminal conviction who were granted a license under this Act within the previous calendar year;
(5) the number of applicants for a new or renewal
license under this Act within the previous calendar year who were denied a license; and
(6) the number of applicants for a new or renewal
license with a criminal conviction who were denied a license under this Act in the previous calendar year in whole or in part because of a prior conviction.
(Source: P.A. 100-286, eff. 1-1-18