State of Illinois
92nd General Assembly

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[ Introduced ][ House Amendment 001 ]


HB4166 Engrossed                               LRB9212743LDtm

 1        AN ACT concerning athlete agents.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  1.   Short  title.  This Act may be cited as the
 5    Athlete Agents Act.

 6        Section 2.  Definitions.  In this Act:
 7             (1)  "Agency contract" means an agreement in which a
 8        student-athlete authorizes   a  person  to  negotiate  or
 9        solicit    on    behalf    of   the   student-athlete   a
10        professional-sports-services contract or  an  endorsement
11        contract.
12             (2)  "Athlete  agent" means an individual who enters
13        into  an  agency  contract  with  a  student-athlete  or,
14        directly  or   indirectly,   recruits   or   solicits   a
15        student-athlete  to  enter  into an agency contract.  The
16        term includes an individual who represents to the  public
17        that  the  individual  is an athlete agent. The term does
18        not include a spouse, parent, sibling,   grandparent,  or
19        guardian  of  the student-athlete or an individual acting
20        solely  on  behalf  of  a  professional  sports  team  or
21        professional sports organization.
22             (3)  "Athletic   director"   means   an   individual
23        responsible  for  administering  the   overall   athletic
24        program   of   an   educational  institution  or,  if  an
25        educational  institution  has   separately   administered
26        athletic  programs for male students and female students,
27        the athletic program for males or  the  athletic  program
28        for females, as appropriate.
29             (4)  "Contact"  means  a  communication,  direct  or
30        indirect, between an athlete agent and a student-athlete,
31        to  recruit  or solicit the student-athlete to enter into
HB4166 Engrossed            -2-                LRB9212743LDtm
 1        an agency contract.
 2             (4.5)  "Department"   means   the   Department    of
 3        Professional Regulation.
 4             (4.6)  "Director" means the Director of Professional
 5        Regulation.
 6             (5)  "Endorsement contract" means an agreement under
 7        which   a   student-athlete   is   employed  or  receives
 8        consideration to use on behalf of  the  other  party  any
 9        value  that  the  student-athlete  may  have  because  of
10        publicity,   reputation,   following,  or  fame  obtained
11        because of athletic ability or performance.
12             (6)  "Intercollegiate sport" means a sport played at
13        the collegiate level for which  eligibility  requirements
14        for participation by a student-athlete are established by
15        a national association for the promotion or regulation of
16        collegiate athletics.
17             (7)  "Person"   means  an  individual,  corporation,
18        business  trust,  estate,  trust,  partnership,   limited
19        liability    company,    association,    joint   venture,
20        government;   governmental   subdivision,   agency,    or
21        instrumentality;  public  corporation, or any other legal
22        or commercial entity.
23             (8)  "Professional-sports-services  contract"  means
24        an agreement under which an individual  is  employed,  or
25        agrees  to render services, as a player on a professional
26        sports team, with a professional sports organization,  or
27        as a professional athlete.
28             (9)  "Record" means information that is inscribed on
29        a  tangible  medium or that is stored in an electronic or
30        other medium and is retrievable in perceivable form.
31             (10)  "Registration"  means   registration   as   an
32        athlete agent pursuant to this Act.
33             (11)  "State"  means  a  State of the United States,
34        the District of Columbia, Puerto Rico, the United  States
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 1        Virgin  Islands,  or  any territory or insular possession
 2        subject to the jurisdiction of the United States.
 3             (12)  "Student-athlete"  means  an  individual   who
 4        engages  in, is eligible to engage in, or may be eligible
 5        in the future to engage in,  any  intercollegiate  sport.
 6        If an individual is permanently ineligible to participate
 7        in  a particular intercollegiate sport, the individual is
 8        not a student-athlete for purposes of that sport.

 9        Section 2.1.  The Department may exercise  the  following
10    powers and duties subject to the provisions of this Act:
11             (1)  To   prescribe   forms   of   application   for
12        certificates of registration.
13             (2)  To  pass  upon the qualifications of applicants
14        for certificates of registration and  issue  certificates
15        of registration to those found to be fit and qualified.
16             (3)  To  conduct  hearings on proceedings to revoke,
17        suspend, or otherwise discipline or to refuse to issue or
18        renew certificates of registration.
19             (4)  To  formulate  rules  when  required  for   the
20        administration and enforcement of this Act.

21        Section 3.  Service of process; subpoenas.
22        (a)  By  acting  as  an  athlete  agent  in this State, a
23    nonresident  individual  appoints  the  Department   as   the
24    individual's agent for service of process in any civil action
25    in  this  State  related  to  the  individual's  acting as an
26    athlete agent in this State.
27        (b)  The Department may issue subpoenas for any  material
28    that is relevant to the administration of this Act.

29        Section  4.   Athlete agents: registration required; void
30    contracts.
31        (a)  Except as otherwise provided in subsection  (b),  an
HB4166 Engrossed            -4-                LRB9212743LDtm
 1    individual  may  not  act  as  an athlete agent in this State
 2    without holding a certificate of registration under Section 6
 3    or 8.
 4        (b)  Before being issued a certificate  of  registration,
 5    an  individual  may act as an athlete agent in this state for
 6    all purposes except signing an agency contract, if:
 7             (1)  a student-athlete or another person  acting  on
 8        behalf  of  the  student-athlete  initiates communication
 9        with the individual; and
10             (2)  within seven days after an initial  act  as  an
11        athlete  agent, the individual submits an application for
12        registration as an athlete agent in this State.
13        (c)  An  agency  contract  resulting  from   conduct   in
14    violation of this Section is void and the athlete agent shall
15    return any consideration received under the contract.

16        Section   5.    Registration   as  athlete  agent;  form;
17    requirements. An applicant for registration shall  submit  an
18    application  for  registration  to  the  Department in a form
19    prescribed by the Department. An application filed under this
20    Section is a public record.  The application must be  in  the
21    name  of  an  individual and, except as otherwise provided in
22    subsection (b), signed  or  otherwise  authenticated  by  the
23    applicant under penalty of perjury and state or contain:
24             (1)  the  name  of  the applicant and the address of
25        the applicant's principal place of business;
26             (2)  the  name  of  the  applicant's   business   or
27        employer, if applicable;
28             (3)  any  business  or  occupation engaged in by the
29        applicant for the five years next preceding the  date  of
30        submission of the application;
31             (4)  a description of the applicant's:
32                  (A)  formal training as an athlete agent;
33                  (B)  practical  experience as an athlete agent;
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 1             and
 2                  (C)  educational  background  relating  to  the
 3             applicant's activities as an athlete agent;
 4             (5)  the names and addresses  of  three  individuals
 5        not  related to the applicant who are willing to serve as
 6        references;
 7             (6)  the name, sport, and last known team  for  each
 8        individual  for  whom  the  applicant acted as an athlete
 9        agent during the five years next preceding  the  date  of
10        submission of the application;
11             (7)  the names and addresses of all persons who are:
12                  (A)  with   respect   to  the  athlete  agent's
13             business if it is not a corporation,  the  partners,
14             members,    officers,   managers,   associates,   or
15             profit-sharers of the business; and
16                  (B)  with respect to  a  corporation  employing
17             the  athlete agent, the officers, directors, and any
18             shareholder of the corporation having an interest of
19             five percent or greater;
20             (8)  whether  the  applicant  or  any  person  named
21        pursuant to paragraph (7) has been convicted of  a  crime
22        that,  if  committed  in  this  State,  would  be a crime
23        involving moral turpitude or a felony, and  identify  the
24        crime;
25             (9)  whether  there  has  been any administrative or
26        judicial determination that the applicant or  any  person
27        named  pursuant  to  paragraph  (7)  has  made  a  false,
28        misleading, deceptive, or fraudulent representation;
29             (10)  any  instance  in  which  the  conduct  of the
30        applicant or any person named pursuant to  paragraph  (7)
31        resulted  in the imposition of a sanction, suspension, or
32        declaration  of  ineligibility  to  participate   in   an
33        interscholastic  or  intercollegiate  athletic event on a
34        student-athlete or educational institution;
HB4166 Engrossed            -6-                LRB9212743LDtm
 1             (11)  any  sanction,  suspension,  or   disciplinary
 2        action  taken  against  the applicant or any person named
 3        pursuant to paragraph (7) arising out of occupational  or
 4        professional conduct; and
 5             (12)  whether  there  has  been  any  denial  of  an
 6        application  for, suspension or revocation of, or refusal
 7        to renew, the  registration or licensure of the applicant
 8        or any person named  pursuant  to  paragraph  (7)  as  an
 9        athlete agent in any State.

10        Section 5.5.  Public records.
11        (a)  All  information  required  by the Department of any
12    applicant for licensure shall  be  a  public  record,  except
13    financial information.
14        (b)  If  a  registrant  changes  his  or  her name style,
15    address, or employment from that which appears on his or  her
16    current  registration,  he or she shall notify the Department
17    of the change within 30 days after it occurs.
18        (c)  All public records  of  the  Department,  when  duly
19    certified  by  the Director, shall be received as prima facie
20    evidence in any State administrative or judicial proceedings.

21        Section  6.  Certificate  of  registration;  issuance  or
22    denial; renewal.
23        (a)  Except as otherwise provided in subsection (b),  the
24    Department  shall  issue  a certificate of registration to an
25    individual  who  complies  with   Section   5(a)   or   whose
26    application has been accepted under Section 5(b).
27        (b)  The  Department may refuse to issue a certificate of
28    registration if the Department determines that the  applicant
29    has  engaged in conduct that has a significant adverse effect
30    on the applicant's fitness to act as an  athlete  agent.   In
31    making the determination, the Department may consider whether
32    the applicant has:
HB4166 Engrossed            -7-                LRB9212743LDtm
 1             (1)  been convicted of a crime that, if committed in
 2        this State, would be a crime involving moral turpitude or
 3        a felony;
 4             (2)  made a materially false, misleading, deceptive,
 5        or  fraudulent representation in the application or as an
 6        athlete agent;
 7             (3)  engaged in conduct that  would  disqualify  the
 8        applicant from serving in a fiduciary capacity;
 9             (4)  engaged in conduct prohibited by Section 14;
10             (5)  had  a  registration or licensure as an athlete
11        agent suspended,  revoked,  or  denied  or  been  refused
12        renewal  of registration or licensure as an athlete agent
13        in any State;
14             (6)  engaged in conduct the consequence of which was
15        that  a   sanction,   suspension,   or   declaration   of
16        ineligibility  to  participate  in  an interscholastic or
17        intercollegiate  athletic  event   was   imposed   on   a
18        student-athlete or educational institution; or
19             (7)  engaged in conduct that significantly adversely
20        reflects  on  the  applicant's  credibility,  honesty, or
21        integrity.
22        (c)  In making a determination under subsection (b),  the
23    Department shall consider:
24             (1)  how recently the conduct occurred;
25             (2)  the  nature  of  the conduct and the context in
26        which it occurred; and
27             (3)  any other relevant conduct of the applicant.
28        (d)  An athlete agent may apply to renew  a  registration
29    by submitting an application for renewal in a form prescribed
30    by the Department. An application filed under this Section is
31    a  public record.  The application for renewal must be signed
32    by the applicant under penalty of perjury  and  must  contain
33    current  information  on  all matters required in an original
34    registration.
HB4166 Engrossed            -8-                LRB9212743LDtm
 1        (e)  An individual who has submitted an  application  for
 2    renewal  of  registration  or  licensure in another State, in
 3    lieu of submitting an application for  renewal  in  the  form
 4    prescribed pursuant to subsection (d), may file a copy of the
 5    application   for   renewal   and   a  valid  certificate  of
 6    registration  or  licensure  from  the  other   State.    The
 7    Department  shall accept the application for renewal from the
 8    other State as an application for renewal in  this  State  if
 9    the application to the other State:
10             (1)  was  submitted  in  the  other State within six
11        months next preceding the filing in this  State  and  the
12        applicant  certifies  the  information  contained  in the
13        application for renewal is current;
14             (2)  contains information substantially  similar  to
15        or   more   comprehensive   than   that  required  in  an
16        application for renewal submitted in this State; and
17             (3)  was signed by the applicant  under  penalty  of
18        perjury.
19        (f)  A  certificate  of  registration  or  a renewal of a
20    registration is valid for two years.

21        Section 7.  Suspension, revocation, or refusal  to  renew
22    registration.
23        (a)  The  Department  may  suspend,  revoke, or refuse to
24    renew a registration for conduct that  would  have  justified
25    denial of  registration under Section 6(b).
26        (b)  The  Department may deny, suspend, revoke, or refuse
27    to renew a certificate  of  registration  or  licensure  only
28    after  proper  notice  and  an opportunity for a hearing. The
29    Illinois Administrative Procedure Act applies to this Act.

30        Section 8.  Temporary registration.
31        (a)  The Department may issue a temporary certificate  of
32    registration while an application for registration or renewal
HB4166 Engrossed            -9-                LRB9212743LDtm
 1    of registration is pending.
 2        (b)  A  temporary  certificate  shall  be  issued  by the
 3    Department  to  an  individual  who  holds   a   certificate,
 4    registration, or license as an athlete agent in another State
 5    and  submits  a  copy  of  the  certificate, registration, or
 6    license in lieu of submitting  an  application  in  the  form
 7    prescribed pursuant to Section 5.
 8        (c)  A   temporary   certificate   issued   pursuant   to
 9    subsection  (b) of this Section shall be valid for 30 days or
10    until such time as the Department receives an application  in
11    accordance with Section 5.
12        (d)  A  temporary  certificate  shall  be  considered  as
13    issued   upon  the  Department's  receipt  of  a  copy  of  a
14    certificate  in  accordance  with  subsection  (b)  of   this
15    Section.

16        Section. 8.5.  Expiration of registration.
17        (a)  Registrations shall expire at midnight on June 30 of
18    each odd-numbered year.
19        (b)  Failure   to  renew  a  registration  prior  to  its
20    expiration shall cause the registration to become  nonrenewed
21    and  it  shall  be  unlawful thereafter for the registrant to
22    engage, offer to engage, or hold himself or  herself  out  as
23    engaging as a registered athlete agent under the registration
24    unless the registration is restored or reissued as defined by
25    rule.

26        Section 9.  Fees.
27        (a)  The  initial application fee for a certificate shall
28    be fixed by the Department by rule.
29        (b)  All other fees not set forth in this  Act  shall  be
30    fixed by rule.
31        (c)  If an applicant for initial registration applies for
32    licensure  during  the second half of the biennial period, he
HB4166 Engrossed            -10-               LRB9212743LDtm
 1    or she shall be required to pay only one-half of  the  amount
 2    fixed by the Department for initial application.
 3        (d)  Any  change  of  a  registration  that  requires the
 4    issuance of a new registration shall be completed on  a  form
 5    required  by the Department and accompanied by a $10 handling
 6    fee.
 7        (e)  All fees and fines collected under this Act shall be
 8    deposited into the General Professions Dedicated Fund.

 9        Section 10.  Required form of contract.
10        (a)  An agency contract must be in a  record,  signed  or
11    otherwise authenticated by the parties.
12        (b)  An agency contract must state or contain:
13             (1)  the   amount  and  method  of  calculating  the
14        consideration to  be  paid  by  the  student-athlete  for
15        services  to  be  provided by the athlete agent under the
16        contract and any other consideration  the  athlete  agent
17        has  received  or  will receive from any other source for
18        entering into the contract or for providing the services;
19             (2)  the name  of  any  person  not  listed  in  the
20        application  for  registration or renewal of registration
21        who  will  be  compensated  because  the  student-athlete
22        signed the agency contract;
23             (3)  a  description  of  any   expenses   that   the
24        student-athlete agrees to reimburse;
25             (4)  a description of the services to be provided to
26        the student-athlete;
27             (5)  the duration of the contract; and
28             (6)  the date of execution.
29        (c)  An  agency contract must contain, in close proximity
30    to the signature of the student-athlete, a conspicuous notice
31    in boldface type in capital letters stating:
32                     WARNING TO STUDENT-ATHLETE
33                     IF YOU SIGN THIS CONTRACT:
HB4166 Engrossed            -11-               LRB9212743LDtm
 3             (2)  IF  YOU  HAVE  AN  ATHLETIC DIRECTOR, WITHIN 72
 7        DIRECTOR; AND
11        (d)  An agency contract that does  not  conform  to  this
12    Section   is   voidable   by   the   student-athlete.   If  a
13    student-athlete voids an agency contract, the student-athlete
14    is not required to pay any consideration under  the  contract
15    or  to  return  any  consideration  received from the athlete
16    agent  to  induce  the  student-athlete  to  enter  into  the
17    contract.
18        (e)  The athlete agent shall give a record of the  signed
19    or   otherwise   authenticated   agency   contract   to   the
20    student-athlete at the time of execution.

21        Section 11.  Notice to educational institution.
22        (a)  Within  72  hours  after  entering  into  an  agency
23    contract or before the next scheduled athletic event in which
24    the  student-athlete may participate, whichever occurs first,
25    the athlete agent shall  give  notice  in  a  record  of  the
26    existence  of  the  contract  to the athletic director of the
27    educational  institution  at  which  the  student-athlete  is
28    enrolled or the  athlete  agent  has  reasonable  grounds  to
29    believe the student-athlete intends to enroll.
30        (b)  Within  72  hours  after  entering  into  an  agency
31    contract  or  before  the  next  athletic  event in which the
32    student-athlete may participate, whichever occurs first,  the
33    student-athlete  shall  inform  the  athletic director of the
HB4166 Engrossed            -12-               LRB9212743LDtm
 1    educational  institution  at  which  the  student-athlete  is
 2    enrolled that he or she has entered into an agency contract.

 3        Section 12.  Student-athlete's right to cancel.
 4        (a)  A student-athlete may cancel an agency  contract  by
 5    giving  notice  of the cancellation to the athlete agent in a
 6    record within 14 days after the contract is signed.
 7        (b)  A student-athlete may not waive the right to  cancel
 8    an agency contract.
 9        (c)  If a student-athlete cancels an agency contract, the
10    student-athlete  is  not  required  to  pay any consideration
11    under the contract or to return  any  consideration  received
12    from the athlete agent to induce the student-athlete to enter
13    into the contract.

14        Section 13. Required records.
15        (a)  An  athlete agent shall retain the following records
16    for a period of five years:
17             (1)  the  name  and  address  of   each   individual
18        represented by the athlete agent;
19             (2)  any agency contract entered into by the athlete
20        agent; and
21             (3)  any  direct costs incurred by the athlete agent
22        in the recruitment or solicitation of  a  student-athlete
23        to enter into an agency contract.
24        (b)  Records  required  by  subsection (a) to be retained
25    are open  to  inspection  by  the  Department  during  normal
26    business hours.

27        Section 14. Prohibited conduct.
28        (a)  An  athlete  agent,  with  the  intent  to  induce a
29    student-athlete to enter into an agency contract, may not:
30             (1)  give  any  materially   false   or   misleading
31        information   or  make  a  materially  false  promise  or
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 1        representation;
 2             (2)  furnish anything of value to a  student-athlete
 3        before   the   student-athlete  enters  into  the  agency
 4        contract; or
 5             (3)  furnish anything of  value  to  any  individual
 6        other  than  the  student-athlete  or  another registered
 7        athlete agent.
 8        (b)  An athlete agent may not intentionally:
 9             (1)  initiate contact with a student-athlete  unless
10        registered under this Act;
11             (2)  refuse  or  fail to retain or permit inspection
12        of the records required to be retained by Section 13;
13             (3)  fail to register when required by Section 4;
14             (4)  provide   materially   false   or    misleading
15        information in an application for registration or renewal
16        of registration;
17             (5)  predate or postdate an agency contract; or
18             (6)  fail  to  notify  a  student-athlete before the
19        student-athlete  signs  or  otherwise  authenticates   an
20        agency  contract  for a particular sport that the signing
21        or authentication may make the student-athlete ineligible
22        to participate as a student-athlete in that sport.

23        Section 15.  Criminal penalties.  An  athlete  agent  who
24    violates Section 14 is guilty of a Class A misdemeanor.

25        Section 16.  Civil remedies.
26        (a)  An  educational  institution  has  a right of action
27    against an athlete agent  or  a  former  student-athlete  for
28    damages  caused  by  a  violation  of this Act.  In an action
29    under this Section, the court may  award  to  the  prevailing
30    party costs and reasonable attorney's fees.
31        (b)  Damages   of   an   educational   institution  under
32    subsection (a) include losses and expenses incurred  because,
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 1    as  a  result  of  the  conduct of an athlete agent or former
 2    student-athlete, the educational institution was injured by a
 3    violation of this Act  or  was  penalized,  disqualified,  or
 4    suspended  from  participation  in  athletics  by  a national
 5    association for the promotion and regulation of athletics, by
 6    an  athletic  conference,  or  by   reasonable   self-imposed
 7    disciplinary  action taken to mitigate sanctions likely to be
 8    imposed by such an organization.
 9        (c)  A right of action under this Section does not accrue
10    until  the  educational  institution  discovers  or  by   the
11    exercise  of  reasonable  diligence would have discovered the
12    violation by the athlete agent or former student-athlete.
13        (d)  Any liability of the athlete  agent  or  the  former
14    student-athlete under this Section is several and not joint.
15        (e)  This  Act  does  not  restrict  rights, remedies, or
16    defenses of any person under law or equity.

17        Section 17.  Grounds for disciplinary action.
18        (a)  The Department may refuse to issue or  to  renew  or
19    may  revoke,  suspend, place on probation, reprimand, or take
20    other disciplinary action as the Department may deem  proper,
21    including fines not to exceed $5,000 for each violation, with
22    regard  to any registration for any one or combination of the
23    following causes:
24             (1)  Violation of this Act or its rules.
25             (2)  Conviction of any crime under the laws  of  any
26        U.S.   jurisdiction  that  is  a  felony  or  that  is  a
27        misdemeanor, an essential element of which is dishonesty,
28        or of any crime that directly relates to the practice  of
29        the profession.
30             (3)  Making any misrepresentation for the purpose of
31        obtaining a registration.
32             (4)  Gross  malpractice,  prima  facie  evidence  of
33        which  may  be a conviction or judgment of malpractice in
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 1        any court of competent jurisdiction.
 2             (5)  Aiding or assisting another person in violating
 3        any provision of this Act or rules  adopted  pursuant  to
 4        this Act.
 5             (6)  Failing, within 60 days, to provide information
 6        in  response  to a written request made by the Department
 7        that was sent by certified  or  registered  mail  to  the
 8        registrant's last known address.
 9             (7)  Engaging   in   dishonorable,   unethical,   or
10        unprofessional  conduct of a character likely to deceive,
11        defraud, or harm the public.
12             (8)  Habitual  or  excessive  use  or  addiction  to
13        alcohol, narcotics, stimulants,  or  any  other  chemical
14        agent  or  drug that results in the inability to practice
15        with reasonable judgment or skill.
16             (9)  Discipline  by  another  U.S.  jurisdiction  or
17        foreign nation if at least one of  the  grounds  for  the
18        discipline  is  the  same  or substantially equivalent to
19        those set forth in this Section.
20             (10)  Directly or indirectly giving to or  receiving
21        from  any  person,  firm,  corporation,  partnership,  or
22        association any fee, commission, rebate, or other form of
23        compensation  for  any professional services not actually
24        or personally rendered.
25             (11)  A  finding  by   the   Department   that   the
26        registrant,  after  having his or her registration placed
27        on  probationary  status,  has  violated  the  terms   of
28        probation.
29             (12)  Conviction   by   any   court   of   competent
30        jurisdiction, either within or without this State, of any
31        violation  of  any  law governing the practice of athlete
32        agents if the Department determines, after investigation,
33        that the person has not been  sufficiently  rehabilitated
34        to warrant the public trust.
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 1             (13)  A  finding  that registration has been applied
 2        for or obtained by fraudulent means.
 3             (14)  Practicing,   attempting   to   practice,   or
 4        advertising under a name other  than  the  full  name  as
 5        shown on the registration or any other legally authorized
 6        name.
 7             (15)  Gross    and    willful    overcharging    for
 8        professional  services, including filing false statements
 9        for collection of fees or moneys for which  services  are
10        not rendered.
11             (16)  Failure  to  file  a  return,  to pay the tax,
12        penalty, or interest shown in a filed return, or  to  pay
13        any  final  assessment  of  tax, penalty, or interest, as
14        required by any tax  Act  administered  by  the  Illinois
15        Department   of   Revenue,   until   such   time  as  the
16        requirements of that tax Act are satisfied.
17             (17)  Physical  or  mental   disability,   including
18        deterioration  through  the  aging  process,  or  loss of
19        abilities and skills  that  result  in  an  inability  to
20        practice  the  profession  with  reasonable  judgment  or
21        skill.
22             (18)  Material     misstatement     in    furnishing
23        information to the  Department  or  to  any  other  State
24        agency.
25             (19)  Advertising  in  any  manner  that  is  false,
26        misleading, or deceptive.
27        (b)  The   Department  shall  deny  any  registration  or
28    renewal under this Act to any person who has defaulted on  an
29    educational loan guaranteed by the Illinois State Scholarship
30    Commission;  however, the Department may issue a registration
31    or renewal  if  the  person  in  default  has  established  a
32    satisfactory  repayment  record as determined by the Illinois
33    State Scholarship Commission.
34        (c)  Failure to continue to meet the requirements of this
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 1    Act shall be deemed a violation of this Act.
 2        (d)  The determination by a court that  a  registrant  is
 3    subject  to  involuntary  admission  or judicial admission as
 4    provided in the Mental Health and Developmental  Disabilities
 5    Code  will  result  in  an automatic suspension of his or her
 6    registration. The suspension will end upon  a  finding  by  a
 7    court that the registrant is no longer subject to involuntary
 8    admission  or judicial admission, the issuance of an order so
 9    finding and discharging the patient, and  the  recommendation
10    of  the  Board to the Director that the registrant be allowed
11    to resume professional practice.

12        Section 18.  Stenographer;  record  of  proceedings.  The
13    Department,  at  its expense, shall provide a stenographer to
14    take  down  the  testimony  and  preserve  a  record  of  all
15    proceedings initiated pursuant to this Act, the rules for the
16    administration of  this  Act,  or  any  other  Act  or  rules
17    relating  to  this Act and proceedings for restoration of any
18    registration issued under this Act. The  notice  of  hearing,
19    complaint,  answer,  and all other documents in the nature of
20    pleadings and written motions  and  responses  filed  in  the
21    proceedings,  the  transcript  of the testimony, all exhibits
22    admitted into evidence, the report of  the  hearing  officer,
23    the  conclusions of law, and recommendations to the Director,
24    and the order shall be the record  of  the  proceedings.  The
25    Department  shall  furnish  a transcript of the record to any
26    person interested in the hearing  upon  payment  of  the  fee
27    required  under  Section 2105-115 of the Civil Administrative
28    Code of Illinois (Department of Professional Regulation Law).

29        Section 19.  Court orders. Any circuit  court  may,  upon
30    application  of  the  Department  or  its  designee or of the
31    applicant or registrant against whom proceedings are pending,
32    enter an order requiring  the  attendance  of  witnesses  and
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 1    their  testimony  and  the  production  of documents, papers,
 2    files, books, and records in connection with any  hearing  or
 3    investigation. The court may compel obedience to its order by
 4    proceedings for contempt.

 5        Section  20.  Subpoenas;  administration  of  oaths.  The
 6    Department  has  power  to  subpoena  and bring before it any
 7    person in  this  State  and  to  take  testimony  orally,  by
 8    deposition,  or  both  or to subpoena documents, exhibits, or
 9    other materials with the same fees and  mileage  and  in  the
10    same  manner  as prescribed by law in judicial proceedings in
11    civil cases in circuit courts of this State.
12        The  Director  has  the  power  to  administer  oaths  to
13    witnesses at any hearing that the Department is authorized by
14    law to conduct. The Director has the power to administer  any
15    other  oaths required or authorized to be administered by the
16    Department under this Act.

17        Section  21.  Findings  of  fact;  conclusions  of   law;
18    recommendations;  order.  Within  60 days of the Department's
19    receipt of the transcript of any hearing  that  is  conducted
20    pursuant  to  this Act or the rules for its enforcement,  any
21    other statute or rule requiring a hearing under this  Act  or
22    the  rules  for  its  enforcement,  or any hearing related to
23    restoration of any registration issued pursuant to this  Act,
24    the  hearing officer shall submit his or her written findings
25    and recommendations to the Director.
26        A copy of the findings of fact, conclusions of  law,  and
27    recommendations  submitted  to  the  Director shall be served
28    upon the accused person, either personally or  by  registered
29    or  certified mail. Within 20 days after service, the accused
30    person may present to the Department a written motion  for  a
31    rehearing, which shall state the particular grounds therefor.
32    If  the  accused  person  orders  and  pays  for a transcript
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 1    pursuant to Section 18,  the  time  elapsing  thereafter  and
 2    before  the  transcript  is  ready for delivery to him or her
 3    shall not be counted as part of the 20 days.
 4        The Director shall issue an order based on  the  findings
 5    of fact, conclusions of law, and recommendations.

 6        Section   22.  Temporary  suspension.  The  Director  may
 7    temporarily  suspend  a  person's  registration   without   a
 8    hearing,  simultaneously  with the institution of proceedings
 9    for a hearing provided for in this Act, if the Director finds
10    that  evidence  in  his  or  her  possession  indicates  that
11    continuation in practice by that person would  constitute  an
12    imminent danger to the public. In the event that the Director
13    temporarily  suspends  a  registration without a hearing, the
14    Department shall hold a hearing  within  30  days  after  the
15    suspension has occurred.

16        Section   23.  Administrative   Review   Law.  All  final
17    administrative decisions of the  Department  are  subject  to
18    judicial review pursuant to the Administrative Review Law and
19    its  rules.  The term "administrative decision" is defined as
20    in Section 3-101 of the Code of Civil Procedure.

21        Section 24.  Illinois Administrative Procedure  Act.  The
22    Illinois  Administrative  Procedure  Act  is hereby expressly
23    adopted and incorporated herein as if all of  the  provisions
24    of  that  Act  were  included  in  this  Act, except that the
25    provision of subsection (d) of Section 10-65 of the  Illinois
26    Administrative  Procedure  Act that provides that at hearings
27    the registrant has the right  to  show  compliance  with  all
28    lawful  requirements  for retention, continuation, or renewal
29    of the registration is specifically excluded. For the purpose
30    of this Act the notice required under Section  10-25  of  the
31    Administrative Procedure Act is deemed sufficient when mailed
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 1    to the last known address of a party.

 2        Section   25.  Certification   of   record;   costs.  The
 3    Department shall not be required to certify any record to the
 4    court, to file an answer in court, or to otherwise appear  in
 5    any  court  in  a judicial review proceeding, unless there is
 6    filed in the court, with the complaint, a  receipt  from  the
 7    Department  acknowledging  payment of the costs of furnishing
 8    and certifying  the  record.  Failure  on  the  part  of  the
 9    plaintiff  to  file  the  receipt  in  court  is  grounds for
10    dismissal of the action.

11        Section  26.  Returned  checks;  fines.  A   person   who
12    delivers  a  check or other payment to the Department that is
13    returned  to  the  Department   unpaid   by   the   financial
14    institution   upon  which  it  is  drawn  shall  pay  to  the
15    Department, in addition to the amount  already  owed  to  the
16    Department,  a fine of $50. A fine imposed under this Section
17    is in addition to any other discipline  provided  under  this
18    Act  for  unregistered  practice  or practice on a nonrenewed
19    registration. The Department shall  notify  the  person  that
20    fees  and  fines shall be paid to the Department by certified
21    check  or  money  order  within  30  calendar  days  of   the
22    notification.  If,  after  the expiration of 30 days from the
23    date of the notification, the  person  fails  to  submit  the
24    necessary  remittance,  the  Department  shall  automatically
25    terminate  his  or  her  registration  or  deny  his  or  her
26    application without hearing. If, after termination or denial,
27    the person seeks a registration, he or she shall apply to the
28    Department   for  restoration  or  issuance  of  his  or  her
29    registration  and  pay  all  fees  and  fines  due   to   the
30    Department.  The  Department  may  establish  a  fee  for the
31    processing  of  an   application   for   restoration   of   a
32    registration   to   pay   all   expenses  of  processing  the
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 1    application. The Director may waive any fine due  under  this
 2    Section  in any individual case where the Director finds that
 3    the fine would be unreasonable or unnecessarily burdensome.

 4        Section  27.  Hearing  officer.  The  Director  has   the
 5    authority to appoint any attorney duly registered to practice
 6    law  in the State of Illinois to serve as the hearing officer
 7    for any action for refusal to issue or renew a  registration,
 8    for   discipline   of   a   registrant,  for  sanctions,  for
 9    unregistered practice, for restoration of a registration,  or
10    for  any other action for which findings of fact, conclusions
11    of law, and recommendations are required pursuant to  Section
12    21 of this Act. The hearing officer shall have full authority
13    to conduct the hearing and shall issue his or her findings of
14    fact  and recommendations to the Director pursuant to Section
15    21 of this Act.

16        Section 28.  Enforcement; petition to court.
17        (a)  If any person violates the provisions of  this  Act,
18    the  Director,  through  the  Attorney General or the State's
19    Attorney of any county in which a  violation  is  alleged  to
20    exist,  may,  in  the  name  of  the  People  of the State of
21    Illinois, petition for an order enjoining  the  violation  or
22    for  an  order  enforcing  compliance with this Act. Upon the
23    filing of a verified petition in court, the court may issue a
24    temporary restraining order without notice or  bond  and  may
25    preliminarily  and permanently enjoin the violation. If it is
26    established that the person has violated or is violating  the
27    injunction, the court may punish the offender for contempt of
28    court.
29        (b)  If  any  person  practices  as  a registered athlete
30    agent or holds himself or herself out as a registrant without
31    being registered under the provisions of this Act,  then  any
32    person  registered  under  this Act, any interested party, or
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 1    any person injured thereby, in  addition  to  those  officers
 2    identified  in  subsection  (a) of this Section, may petition
 3    for relief as provided in subsection (a).
 4        (c)  Whenever the Department has reason to believe that a
 5    person has violated the registration requirements of this Act
 6    by practicing, offering to practice, attempting to  practice,
 7    or holding himself or herself out to practice as a registered
 8    athlete  agent  without  being registered under this Act, the
 9    Department may issue a rule to show cause  why  an  order  to
10    cease  and  desist should not be entered against that person.
11    The rule shall clearly set forth the grounds relied  upon  by
12    the  Department and shall provide a period of 7 days from the
13    date of the rule to file an answer to the satisfaction of the
14    Department. Failure to answer  to  the  satisfaction  of  the
15    Department  shall  cause  an  order to cease and desist to be
16    issued immediately.
17        (d)  Proceedings under this Section shall be in  addition
18    to, and not in lieu of, all other remedies and penalties that
19    may be provided by law.

20        Section   29.  Unregistered  practice;  violation;  civil
21    penalty.
22        (a)  Any  person  who  practices,  offers  to   practice,
23    attempts  to  practice,  or  holds  himself or herself out to
24    practice without being registered under this  Act  shall,  in
25    addition  to  any  other penalty provided by law, pay a civil
26    penalty to the Department in an amount not to  exceed  $5,000
27    for  each  offense as determined by the Department. The civil
28    penalty shall be assessed by the Department after  a  hearing
29    is  held  in accordance with the provisions set forth in this
30    Act regarding the provision of a hearing for  the  discipline
31    of a registrant.
32        (b)  The  Department  has  the  authority  and  power  to
33    investigate any and all registered activity.
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 1        (c)  A  civil  penalty  imposed  pursuant to this Section
 2    shall be paid within 60 days after the effective date of  the
 3    order  imposing the civil penalty. The order shall constitute
 4    a judgment and may be filed and execution had thereon in  the
 5    same manner as any judgment from any court of record.

 6        Section 30.  Electronic Signatures in Global and National
 7    Commerce Act.  The provisions of this Act governing the legal
 8    effect,  validity, or enforceability of electronic records or
 9    signatures, and of contracts formed or performed with the use
10    of such records or signatures conform to the requirements  of
11    Section  102  of  the  Electronic  Signatures  in  Global and
12    National Commerce Act, Pub. L. No.  106-229,  114  Stat.  464
13    (2000),  and  supersede,  modify,  and  limit  the Electronic
14    Signatures in Global and National Commerce Act.

15        Section 31.  Severability.  If any provision of this  Act
16    or  its  application  to  any  person or circumstance is held
17    invalid, the invalidity does not affect other  provisions  or
18    applications  of  this  Act which can be given effect without
19    the invalid provision or application, and  to  this  end  the
20    provisions of this Act are severable.

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