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91_SB0122sam001
LRB9102226ACpkam
1 AMENDMENT TO SENATE BILL 122
2 AMENDMENT NO. . Amend Senate Bill 122 by replacing
3 the title with the following:
4 "AN ACT concerning professional land surveyors."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 5. The Regulatory Sunset Act is amended by
8 changing Section 4.10 and adding Section 4.20 as follows:
9 (5 ILCS 80/4.10) (from Ch. 127, par. 1904.10)
10 Sec. 4.10. The following Acts are repealed December 31,
11 1999:
12 The Fire Equipment Distributor and Employee Regulation
13 Act.
14 The Professional Engineering Practice Act of 1989.
15 The Structural Engineering Licensing Act of 1989.
16 The Illinois Architecture Practice Act of 1989.
17 The Illinois Landscape Architecture Act of 1989.
18 The Illinois Professional Land Surveyor Act of 1989.
19 The Land Sales Registration Act of 1989.
20 The Real Estate License Act of 1983.
21 (Source: P.A. 86-667; 86-702; 86-711; 86-925; 86-932; 86-987;
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1 86-1007; 86-1028.)
2 (5 ILCS 80/4.20 new)
3 Sec. 4.20. Act repealed on January 1, 2010. The
4 following Act is repealed on January 1, 2010:
5 The Illinois Professional Land Surveyor Act of 1989.
6 Section 10. The Illinois Professional Land Surveyor Act
7 of 1989 is amended by changing Sections 4, 6, 7, 8, 10, 12,
8 13, 14, 15, 18, 20, 21, 25 and 27 and adding Section 18.5 as
9 follows:
10 (225 ILCS 330/4) (from Ch. 111, par. 3254)
11 Sec. 4. Definitions. As used in this Act:
12 (a) "Department" means the Department of Professional
13 Regulation.
14 (b) "Director" means the Director of Professional
15 Regulation.
16 (c) "Board" means the Land Surveyors Licensing Examining
17 The term of the initial appointments shall be as
32 follows: the public member shall be appointed to serve for 3
33 years, 2 land surveyor members shall be appointed to serve
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1 for 2 years, 2 land surveyor members shall be appointed to
2 serve for 4 years, and 2 land surveyor members shall be
3 appointed to serve for 5 years, and until their successors
4 are qualified and appointed. A member shall not be eligible
5 for appointment to more than 2 consecutive 5 year terms.
6 Appointments to fill vacancies shall be made in the same
7 manner as original appointments, for the unexpired portion of
8 the term. Initial terms shall begin on the effective date of
9 this Act. Board members currently appointed under this The
10 Illinois Land Surveyors Act and in office on the effective
11 date of this Act shall continue to hold office until their
12 terms expire and they are replaced initial appointees under
13 this Act are qualified and appointed. All appointments shall
14 be made on the basis of individual professional
15 qualifications with the exception of the public member and
16 shall not be based upon race, sex, or religious or political
17 affiliations.
18 Each member of the Board shall receive compensation when
19 attending to the work of the Board or any of its committees
20 and for time spent in necessary travel. In addition, members
21 shall be reimbursed for actual traveling, incidentals and
22 expenses necessarily incurred in carrying out their duties as
23 members of the Board.
24 The Director shall consider the advice and
25 recommendations of the Board on issues involving standards of
26 professional conduct, discipline and qualifications of the
27 candidates and licensees under this Act.
28 The Director shall make the Board appointments within 90
29 days of any vacancy. The Professional Land Surveyor members
30 shall be selected from a current list of candidates updated
31 by June 1 of each year, as submitted by members of the land
32 surveying profession and by affiliated organizations.
33 Members of the Board shall be immune from suit in any
34 action based upon any disciplinary proceedings or other
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1 activities performed in good faith as members of the Board.
2 The Director may remove any member of the Board for
3 misconduct, incompetence, neglect of duty, or for any reason
4 prescribed by law for removal of State Officials or for not
5 attending 2 consecutive Board meetings.
6 (Source: P.A. 86-987.)
7 (225 ILCS 330/8) (from Ch. 111, par. 3258)
8 Sec. 8. Powers and duties of the Board; quorum. Subject
9 to the provisions of this Act, the Board shall exercise the
10 following functions, powers, and duties:
11 (a) Review education and experience qualifications of
12 applicants to determine eligibility as a Professional Land
13 Surveyor or Land Surveyor-in-Training and submit to the
14 Director written recommendations on applicant qualifications
15 for licensing;
16 (b) Conduct hearings regarding disciplinary actions and
17 submit a written report to the Director as required by this
18 Act and provide a Board member at informal conferences;
19 (c) Visit universities or colleges to evaluate surveying
20 curricula and submit to the Director a written recommendation
21 of acceptability of the curriculum;
22 (d) Submit a written recommendation to the Director
23 concerning promulgation or amendment of rules for the
24 administration of this Act;
25 (e) The Department may at any time seek the expert
26 advice and knowledge of the Board on any matter relating to
27 the enforcement of this Act;
28 (f) The Board may appoint a subcommittee to serve as a
29 Complaint Committee to recommend the disposition of case
30 files according to procedures established by rule;
31 (g) Hold at least 3 regular meetings each year; and
32 (h) The Board shall annually elect a Chairperson and a
33 Vice Chairperson chairman who shall be licensed an Illinois
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1 Professional Land Surveyors Surveyor.
2 A quorum of the Board shall consist of a majority of
3 Board members appointed.
4 (Source: P.A. 88-428.)
5 (225 ILCS 330/10) (from Ch. 111, par. 3260)
6 Sec. 10. Application for original license. Every person
7 who desires to obtain a license shall apply to the Department
8 in writing, upon forms prepared and furnished by the
9 Department. Each application shall contain statements made
10 under oath, showing the applicant's education, a detailed
11 summary of his or her land surveying experience, and
12 verification of the applicant's land surveying experience by
13 the applicant's supervisor who shall be a licensed land
14 surveyor and at least one reference who is a Professional
15 Land Surveyor having personal knowledge of the applicant's
16 land surveying experience and who shall certify the
17 applicant's experience to the satisfaction of the Board, and
18 the application shall be accompanied with the required fee.
19 The Department may require an applicant, at the applicant's
20 expense, to have an evaluation of the applicant's education
21 in a foreign country by a nationally recognized educational
22 body approved by the Board in accordance with rules
23 prescribed by the Department.
24 An applicant who graduated from a land surveying program
25 outside the United States or its territories and whose first
26 language is not English shall submit certification of passage
27 of the Test of English as a Foreign Language (TOEFL) and the
28 Test of Spoken English (TSE) as defined by rule before taking
29 the licensure examination.
30 (Source: P.A. 89-594, eff. 8-1-96.)
31 (225 ILCS 330/12) (from Ch. 111, par. 3262)
32 Sec. 12. Qualifications for licensing.
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1 (a) A person is qualified to receive a license as a
2 Professional Land Surveyor and the Department shall issue a
3 license to a person:
4 (1) who has applied in writing in the required form
5 and substance to the Department;
6 (2) (blank);
7 (3) who is of good moral character;
8 (4) who has been issued a acquired an Illinois
9 license as a Land Surveyor-in-Training;
10 (5) who has at least 4 years of responsible charge
11 experience, subsequent to passage of an examination for
12 licensure as a Land Surveyor-in-Training, verified by a
13 Professional Land Surveyor in responsible charge of land
14 surveying operations under the direct supervision and
15 control of a an Illinois Professional Land Surveyor; and
16 (6) who has passed an examination authorized by the
17 Department to determine his or her fitness to receive a
18 license as a Professional Land Surveyor.
19 (b) A person is qualified to receive a license as a Land
20 Surveyor-in-Training and the Department shall issue a license
21 to a person:
22 (1) who has applied in writing in the required form
23 and substance to the Department;
24 (2) (blank);
25 (3) who is of good moral character;
26 (4) who has the required education and experience
27 in the practice of land surveying as set forth in this
28 Act; and
29 (5) who has passed an examination authorized by the
30 Department to determine his or her fitness to receive a
31 license as a Land Surveyor-in-Training in accordance with
32 this Act.
33 In determining moral character under this Section, the
34 Department may take into consideration whether the applicant
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1 has engaged in conduct or actions that would constitute
2 grounds for discipline under this Act any felony conviction
3 or any violation of this Act by the applicant, but such a
4 conviction shall not operate as an absolute bar to licensing.
5 (Source: P.A. 89-387, eff. 8-20-95.)
6 (225 ILCS 330/13) (from Ch. 111, par. 3263)
7 Sec. 13. Qualifications for examination for Licensed
8 Land Surveyor-in-Training. (a) Applicants for the
9 examination for Land Surveyor-in-Training shall have:
10 (1) a baccalaureate degree in Land Surveying from an
11 accredited college or university;, or a baccalaureate degree
12 in a related science including at least 24 semester hours of
13 land surveying courses from a Board approved curriculum of an
14 accredited institution;
15 (2) a baccalaureate degree in a related science
16 including at least 24 semester hours of land surveying
17 courses from a Board approved curriculum of an accredited
18 institution. a baccalaureate degree in a related science as
19 approved by the Board, from an accredited college or
20 university and 2 years land surveying experience;
21 (3) an associate degree in Land Surveying Technology
22 from an accredited junior college and 3 years land surveying
23 experience;
24 (4) an associate degree in engineering technology from
25 an accredited junior college and 4 years land surveying
26 experience; or
27 (5) a high school diploma or its equivalent and 8 years
28 land surveying experience.
29 Beginning January 1, 1998, an applicant must have a
30 baccalaureate degree in land surveying from an accredited
31 college or university, or a baccalaureate degree in a related
32 science including at least 24 semester hours of land
33 surveying courses from a Board approved curriculum of an
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1 accredited institution, to be eligible for licensing as a
2 Land Surveyor-in-Training.
3 (Source: P.A. 86-987.)
4 (225 ILCS 330/14) (from Ch. 111, par. 3264)
5 Sec. 14. License to be displayed. Every holder of a
6 license as a Professional Land Surveyor or Land
7 Surveyor-in-Training shall display it in a conspicuous
8 location place in his or her principal office, place of
9 business, or place of employment, or any other offices or
10 places of business or employment where the Professional Land
11 Surveyor or Land Surveyor-in-Training regularly practices.
12 (Source: P.A. 86-987.)
13 (225 ILCS 330/15) (from Ch. 111, par. 3265)
14 Sec. 15. Seal. Every Professional Land Surveyor shall
15 have a reproducible seal or facsimile, which may be computer
16 generated, the impression of which shall contain the name of
17 the land surveyor, his or her place of business, the license
18 number, of the Professional Land Surveyor, and the words
19 "Professional Land Surveyor, State of Illinois". A
20 Professional Land Surveyor shall seal or stamp all documents
21 prepared by or under the direct supervision and control of
22 the Professional Land Surveyor. Any seal authorized or
23 approved by the Department under the Illinois Land Surveyors
24 Act shall serve the same purpose as the seal provided for by
25 this Act. Signatures generated by computer shall not be
26 permitted. The licensee's written signature and date of
27 signing along with the date of license expiration shall be
28 placed adjacent to the seal.
29 (Source: P.A. 90-655, eff. 7-30-98.)
30 (225 ILCS 330/18) (from Ch. 111, par. 3268)
31 Sec. 18. Renewal, reinstatement or restoration of
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1 license; Persons in military service. The expiration date
2 and renewal period for each license as a Professional Land
3 Surveyor issued under this Act shall be set by rule. The
4 holder of a license may renew such license during the month
5 preceding the expiration date by paying the required fee.
6 Each application for renewal shall be impressed with the
7 Professional Land Surveyor's seal or stamp.
8 Any Professional Land Surveyor whose license has been
9 inactive expired for less than 5 years is required to pay the
10 current renewal fee and shall have his or her license
11 restored.
12 If the Professional Land Surveyor has not maintained an
13 active practice in another jurisdiction satisfactory to the
14 Department, the Department shall determine, by an evaluation
15 program established by rule, the person's fitness to resume
16 active status and may require that person to successfully
17 complete an examination.
18 A Professional Land Surveyor whose license has been
19 expired for more than 5 years may have the license restored
20 by making application to the Department and filing proof
21 acceptable to the Board of fitness to have the license
22 restored, including, but not limited to, sworn evidence
23 certifying to active practice in another jurisdiction and
24 payment of the required renewal, reinstatement or restoration
25 fee.
26 However, any Professional Land Surveyor whose license
27 expired while engaged (a) in federal service on active duty
28 with the armed forces of the United States, or the State
29 Militia called into active service or training, or (b) in
30 training or education under the supervision of the United
31 States preliminary to induction into the military service,
32 may have a license renewed without paying any lapsed
33 reinstatement or restoration fees upon passing an oral
34 examination by the Board, or without taking any examination,
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1 if approved by the Board, if, within 2 years after the
2 termination other than by dishonorable discharge of such
3 service, training, or education, the licensee furnishes the
4 Department with an affidavit to the effect the licensee was
5 so engaged and that the service, training, or education has
6 so terminated.
7 A license for a Land Surveyor-in-Training is valid for 10
8 years and may not be renewed.
9 (Source: P.A. 86-987.)
10 (225 ILCS 330/18.5 new)
11 Sec. 18.5. Continuing education. The Department may
12 promulgate rules of continuing education for persons licensed
13 under this Act. The Department shall consider the
14 recommendations of the Board in establishing the guidelines
15 for the continuing education requirements. The requirements
16 of this Section apply to any person seeking renewal or
17 restoration under Section 18 or 19 of this Act.
18 (225 ILCS 330/20) (from Ch. 111, par. 3270)
19 Sec. 20. Endorsement. Upon payment of the required fee,
20 an applicant who is a Professional Land Surveyor, a Land
21 Surveyor-in-Training, or registered, or licensed, or
22 otherwise legally recognized as a Land Surveyor under the
23 laws of another state or territory of the United States may
24 be granted a license as an Illinois Professional Land
25 Surveyor by the Department with approval of the Board upon
26 the following conditions:
27 (a) That the applicant meets the requirements for
28 licensing in this State, and that the requirements for
29 licensing or other legal recognition of Land Surveyors in the
30 particular state or territory were, at the date of issuance
31 of the license or certificate, equivalent to the requirements
32 then in effect in the State of Illinois; however, the
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1 applicant shall be exempt from the requirements of item (5)
2 of subsection (a) of Section 12 of this Act if he or she (1)
3 applied for a license under this Section between September 1,
4 1996 and October 31, 1996 and (2) has 10 or more years of
5 supervised experience as a land surveyor; and
6 (b) That the applicant passes a jurisdictional
7 examination to determine the applicant's knowledge of the
8 surveying tasks unique to the State of Illinois and the laws
9 pertaining thereto.
10 (Source: P.A. 90-602, eff. 6-26-98.)
11 (225 ILCS 330/21) (from Ch. 111, par. 3271)
12 Sec. 21. Fees. The following fees are not refundable:
13 (a) The Department shall provide by rule for a schedule
14 of fees to be paid for licenses by all applicants. All fees
15 are not refundable The fee for application for a license as a
16 Land Surveyor-in-Training is $70.
17 (b) The fees for the administration and enforcement of
18 the Act, including but not limited to original licensure,
19 renewal, and restoration, shall be set by rule by the
20 Department The fee for application for a license as a
21 Professional Land Surveyor is $150.
22 (c) All fees and fines collected shall be deposited in
23 the Design Professionals Administration and Investigation
24 Fund. Of the moneys deposited into the Design Professionals
25 Administration and Investigation Fund, the Department may use
26 such funds as necessary to produce and distribute newsletters
27 to persons licensed under this Act The fee for a license for
28 a Professional Land Surveyor registered or licensed under the
29 laws of another state or territory of the United States or of
30 a foreign country or province is $150.
31 (d) The fee for the renewal of a license shall be $60.
32 (e) The fee for the restoration of a license other than
33 from inactive status is $10 plus payment of all lapsed
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1 renewal fees, the total fee not to exceed $110.
2 (f) The fee for a certificate of registration as a
3 Professional Land Surveyor Firm is $75.
4 (g) The fee for the renewal of a certificate of
5 registration as a professional land surveying firm shall be
6 $60.
7 (h) The fee for the issuance of a replacement license,
8 for a license which has been lost or destroyed, or for the
9 issuance of a license with a change of name or address other
10 than during the renewal period is $20. No fee is required
11 for name and address changes on Department records when no
12 duplicate license is issued.
13 (i) The fee for a certification of a licensee's record
14 for any purpose is $20.
15 (j) The fee for an examination to determine preliminary
16 education is $20.
17 (k) The fee for rescoring an examination is the cost to
18 the Department of rescoring the examination, plus any fees
19 charged by the applicable testing service to have the
20 examination rescored.
21 (l) The fee for a wall certificate showing licensure is
22 the actual cost of producing such certificate.
23 (m) The fee for a roster of persons licensed as Land
24 Surveyor-in-Training or Professional Land Surveyor in this
25 State is the actual cost of producing such a roster.
26 (Source: P.A. 88-91; 88-428; 88-670, eff. 12-2-94.)
27 (225 ILCS 330/25) (from Ch. 111, par. 3275)
28 Sec. 25. Professional design land surveying firm
29 registration.
30 (a) Nothing in this Act shall prohibit the formation,
31 under the provisions of the Professional Service Corporation
32 Act, of a corporation to offer the practice of professional
33 land surveying.
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1 Any business, including a Professional Service
2 Corporation, that includes within its stated purposes or
3 practices, or holds itself out as available to practice,
4 professional land surveying shall be registered with the
5 Department pursuant to the provisions set forth in this
6 Section.
7 Any sole proprietorship not owned and operated by an
8 Illinois licensed design professional licensed under this Act
9 shall be prohibited from offering professional land surveyor
10 services to the public. Any sole proprietorship owned and
11 operated by a professional land surveyor with an active
12 license issued under this Act and conducting or transacting
13 such business under an assumed name in accordance with the
14 provisions of the Assumed Business Name Act shall comply with
15 the registration requirements of a professional design firm.
16 Any sole proprietorship owned and operated by a Professional
17 Land Surveyor with an active license issued under this Act
18 and conducting or transacting such business under the real
19 name of the sole proprietor is exempt from the registration
20 requirements of a professional design firm. "Illinois
21 licensed design professional" means a person who holds an
22 active license as a professional engineer under the
23 Professional Engineering Practice Act of 1989, as an
24 architect under the Illinois Architecture Practice Act of
25 1989, as a structural engineer under the Structural
26 Engineering Practice Act of 1989, or as a Professional Land
27 Surveyor under this Act.
28 (b) Any professional design firm seeking to be
29 registered pursuant to the provisions of this Section shall
30 not be registered unless one or more managing agents in
31 charge of land surveyor activities in this State are
32 designated by the professional design firm. Each managing
33 agent must at all times maintain a valid, active license to
34 practice professional land surveying in Illinois.
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1 No individual whose license to practice professional land
2 surveying in this State is currently in a suspended or
3 revoked state shall act as a managing agent for a
4 professional design firm.
5 (c) Any business seeking to be registered under this
6 Section shall make application on a form provided by the
7 Department and shall provide such information as requested by
8 the Department, which shall include, but not be limited to:
9 (1) the name and license number of the person
10 designated as the managing agent in responsible charge of
11 the practice of professional land surveying in Illinois.
12 In the case of a corporation, the corporation shall also
13 submit a certified copy of the resolution by the board of
14 directors designating the managing agent. In the case of
15 a limited liability company, the company shall submit a
16 certified copy of either its articles or organization or
17 operating agreement designating the managing agent;
18 (2) the names and license numbers of the directors,
19 in the case of a corporation, the members, in the case of
20 a limited liability company, or general partners, in the
21 case of a partnership;
22 (3) a list of all office locations at which the
23 professional design firm provides professional land
24 surveying services to the public; and
25 (4) a list of all assumed names of the business.
26 Nothing in this Section shall be construed to exempt a
27 professional design firm, sole proprietorship, or
28 professional service corporation from compliance with the
29 requirements of the Assumed Business Name Act.
30 It is the responsibility of the professional design firm
31 to provide the Department notice, in writing, of any changes
32 in the information requested on the application.
33 (d) The Department shall issue to each business a
34 certificate of registration to practice professional land
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1 surveying or offer the services of its licensees in this
2 State upon submittal of a proper application for registration
3 and payment of fees. The expiration date and renewal period
4 for each registration and renewal procedures shall be
5 established by rule.
6 (e) In the event a managing agent is terminated or
7 terminates his or her status as managing agent of the
8 professional design firm, the managing agent and a
9 professional design firm shall notify the Department of this
10 fact in writing, by certified mail, within 10 business days
11 of such termination. Thereafter, the professional design
12 firm, if it has so informed the Department, shall have 30
13 days in which to notify the Department of the name and
14 licensure number of a newly designated managing agent. If a
15 corporation, the corporation shall also submit a certified
16 copy of a resolution by the board of directors designating
17 the new managing agent. If a limited liability company, the
18 company shall also submit a certified copy of either its
19 articles of organization or operating agreement designating
20 the new managing agent. The Department may, upon good cause
21 shown, extend the original 30 day period.
22 If the professional design firm has not notified the
23 Department in writing, by certified mail within the specified
24 time, the registration shall be terminated without prior
25 hearing. Notification of termination shall be sent by
26 certified mail to the last known address of the business. If
27 the professional design firm continues to operate and offer
28 professional land surveyor services after the termination,
29 the Department may seek prosecution under Sections 27, 43,
30 and 46 of this Act for the unlicensed practice of
31 professional land surveying.
32 No professional design firm shall be relieved of
33 responsibility for the conduct or acts of its agent,
34 employees, members, managers, or officers by reason of its
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1 compliance with this Section, nor shall any individual
2 practicing professional land surveying be relieved of the
3 responsibility for professional services performed by reason
4 of the individual's employment or relationship with a
5 professional design firm registered under this Section.
6 (g) Disciplinary action against a professional design
7 firm registered under this Section shall be administered in
8 the same manner and on the same grounds as disciplinary
9 action against a licensed professional land surveyor. All
10 disciplinary action taken or pending against a corporation or
11 partnership before the effective date of this amendatory Act
12 of 1999 shall be continued or remain in effect without the
13 Department filing separate actions. Upon payment of the
14 required fee the Department shall issue, upon the approval of
15 the Board, without examination, a certificate of registration
16 as a professional land surveying firm to offer the services
17 of its licensed Illinois professional land surveyors to any
18 corporation, partnership, or limited liability company which
19 applies for one in writing if:
20 (1) In a case of a corporation a majority of its
21 officers and board of directors are licensed as
22 professional land surveyors in Illinois.
23 (2) In the case of a limited liability company, a
24 majority of its members are licensed professional land
25 surveyors in Illinois.
26 (3) In the case of a partnership, all members of
27 the partnership are licensed professional land surveyors
28 in Illinois.
29 (b) All surveying by the professional land surveying
30 firm must be done under the direct supervision and control of
31 an officer of a managing agent who holds a license as a
32 professional land surveyor. The managing agent must be
33 designated on the professional land surveying firm
34 application. The managing agent must be:
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1 (1) an officer of the corporation;
2 (2) a member of the limited liability company; or
3 (3) a member of the partnership.
4 When a managing agent is terminated or terminates his or
5 her status, the managing agent shall notify the Department in
6 writing by certified mail within 10 business days of the
7 termination. Thereafter, the professional land surveying firm
8 shall, within 30 days, notify the Department of the name and
9 professional land surveyor's license number of the newly
10 designated managing agent. The Department may, upon good
11 cause, extend the 30 day period. If the professional land
12 surveying firm fails to notify the Department in writing by
13 certified mail within the specified time, the registration
14 shall be terminated without prior hearing. Notification of
15 termination shall be sent by certified mail to the last known
16 address of the business. If the professional land surveying
17 firm continues to operate and offer land surveying services
18 after the termination, the Department may seek prosecution
19 under Sections 27, 43, and 43a of this Act for the unlicensed
20 practice of land surveying.
21 (h) (c) Any professional services corporation, sole
22 proprietorship, or professional design land surveying firm
23 offering land surveying services must have a resident land
24 surveyor overseeing the land surveying practices in each
25 location in which land surveying services are provided.
26 (d) Any sole proprietorship not owned and operated by an
27 Illinois professional land surveyor shall be prohibited from
28 offering land surveying services to the public. Any sole
29 proprietorship owned and operated by a land surveyor with an
30 active license issued under this Act and conducting or
31 transacting such business under an assumed name in accordance
32 with the provisions of the Assumed Business Name Act shall
33 comply with the registration requirements of a professional
34 land surveying firm. Any sole proprietorship owned and
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1 operated by a professional land surveyor with an active
2 license issued under this Act and conducting or transacting
3 such business under the real name of the sole proprietor is
4 exempt from the registration requirements of a professional
5 land surveying firm.
6 (e) Disciplinary action against a professional land
7 surveying firm registered under this Section shall be
8 administered in the same manner and on the same grounds as
9 disciplinary action against a licensed land surveyor. All
10 disciplinary action taken or pending against a corporation or
11 partnership before the effective date of this amendatory Act
12 of 1993 shall be continued or remain in effect without the
13 Department filing separate actions.
14 (f) A professional land surveying firm shall provide
15 notice in writing to the Department of any change in the
16 information requested upon an application.
17 (g) Nothing in this Section shall be construed to exempt
18 a business from compliance with the requirements of the
19 Assumed Business Name Act.
20 (h) Nothing in this Act shall restrict licensees from
21 forming professional service corporations under the
22 provisions of the Professional Service Corporation Act, as
23 now or hereafter amended, and having these corporations
24 licensed for the practice of land surveying.
25 (Source: P.A. 88-428; 89-594, eff. 8-1-96.)
26 (225 ILCS 330/27) (from Ch. 111, par. 3277)
27 Sec. 27. Grounds for disciplinary action.
28 (a) The Department may, singularly or in combination,
29 refuse to issue, restore, or renew, or may revoke or suspend
30 a license or registration, or may place on probation,
31 censure, reprimand or impose a civil penalty not to exceed
32 $10,000, upon any person, corporation, partnership, or
33 professional land surveying firm licensed or registered under
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1 this Act for any one or combination of the following:
2 (1) material misstatement in furnishing information
3 to the Department;
4 (2) violation, including, but not limited to,
5 neglect or intentional disregard, of this Act, or its
6 rules;
7 (3) conviction of any crime under the laws of the
8 United States, or any state or territory thereof, which
9 is a felony, whether related to practice or not, or
10 conviction of any crime, whether a felony, misdemeanor,
11 or otherwise, an essential element of which is dishonesty
12 or which is directly related to the practice of land
13 surveying;
14 (4) making any misrepresentation for the purpose of
15 obtaining a license, or in applying for restoration or
16 renewal, or the practice of any fraud or deceit in taking
17 any examination to qualify for licensure under this Act;
18 (5) purposefully making false statements or signing
19 false statements, certificates, or affidavits to induce
20 payment;
21 (6) proof of carelessness, incompetence,
22 negligence, or misconduct in practicing land surveying;
23 (7) aiding or assisting another person in violating
24 any provision of this Act or its rules;
25 (8) failing to provide information in response to a
26 written request made by the Department within 30 days
27 after receipt of such written request;
28 (9) engaging in dishonorable, unethical, or
29 unprofessional conduct of a character likely to deceive,
30 defraud, or harm the public;
31 (10) habitual intoxication or addiction to the use
32 of drugs;
33 (11) discipline by the United States government,
34 another state, District of Columbia, territory, foreign
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1 nation or government agency if at least one of the
2 grounds for the discipline is the same or substantially
3 equivalent to those set forth in this Act;
4 (12) directly or indirectly giving to or receiving
5 from any person, firm, corporation, partnership, or
6 association any fee, commission, rebate, or other form of
7 compensation for any professional services not actually
8 or personally rendered;
9 (12.5) issuing a map or plat of survey where the
10 fee for professional services is contingent on a real
11 estate transaction closing;
12 (13) a finding by the Board that an applicant or
13 licensee has failed to pay a fine imposed by the
14 Department or a licensee whose license has been placed on
15 probationary status has violated the terms of probation;
16 (14) practicing on an expired, inactive, suspended,
17 or revoked license;
18 (15) signing, affixing the Professional Land
19 Surveyor's seal or permitting the Professional Land
20 Surveyor's seal to be affixed to any map or plat of
21 survey not prepared by the Professional Land Surveyor or
22 under the Professional Land Surveyor's direct supervision
23 and control;
24 (16) physical illness, including but not limited to
25 deterioration through the aging process or loss of motor
26 skill, which results in the inability to practice the
27 profession with reasonable judgment, skill, or safety;
28 (17) issuing a check or other guarantee to the
29 order of the Department which is not honored on 2
30 occasions by the financial institution upon which it is
31 drawn because of insufficient funds;
32 (18) failure to adequately supervise or control
33 land surveying operations being performed by
34 subordinates.
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1 (a-5) In enforcing this Section, the Board upon a
2 showing of a possible violation may compel a person licensed
3 to practice under this Act, or who has applied for licensure
4 or certification pursuant to this Act, to submit to a mental
5 or physical examination, or both, as required by and at the
6 expense of the Department. The examining physicians shall be
7 those specifically designated by the Board. The Board or the
8 Department may order the examining physician to present
9 testimony concerning this mental or physical examination of
10 the licensee or applicant. No information shall be excluded
11 by reason of any common law or statutory privilege relating
12 to communications between the licensee or applicant and the
13 examination physician. The person to be examined may have,
14 at his or her own expense, another physician of his or her
15 choice present during all aspects of the examination.
16 Failure of any person to submit to a mental or physical
17 examination, when directed, shall be grounds for suspension
18 of a licensee until the person submits to the examination if
19 the Board finds, after notice and hearing, that the refusal
20 to submit to the examination was without reasonable cause.
21 If the Board finds a person unable to practice because of
22 the reasons set forth in this Section, the Board may require
23 that person to submit to care, counseling, or treatment by
24 physicians approved or designated by the Board as a
25 condition, term, or restriction for continued, reinstated, or
26 renewed licensure to practice; or, in lieu of care,
27 counseling, or treatment, the Board may recommend to the
28 Department to file a complaint to immediately suspend,
29 revoke, or otherwise discipline the license of the person.
30 Any person whose license was granted, continued, reinstated,
31 renewed, disciplined, or supervised subject to such terms,
32 conditions, or restrictions and who fails to comply with such
33 terms, conditions, or restrictions shall be referred to the
34 Director for a determination as to whether the person shall
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1 have his or her license suspended immediately, pending a
2 hearing by the Board.
3 (b) The determination by a circuit court that a licensee
4 is subject to involuntary admission or judicial admission as
5 provided in the Mental Health and Developmental Disabilities
6 Code, as now or hereafter amended, operates as an automatic
7 license suspension. Such suspension will end only upon a
8 finding by a court that the patient is no longer subject to
9 involuntary admission or judicial admission and the issuance
10 of an order so finding and discharging the patient and upon
11 the recommendation of the Board to the Director that the
12 licensee be allowed to resume his or her practice.
13 (Source: P.A. 88-428; 88-595, eff. 8-26-94.)
14 Section 99. Effective date. This Act takes effect on
15 January 1, 2000, except that Section 5 takes effect upon
16 becoming law.".