State of Illinois
92^nd General Assembly
Legislation

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92_SB0263enr

 
SB263 Enrolled                                 LRB9207495ACpc

 1        AN ACT concerning the regulation of professions.

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

 4        Section  5.  The  Regulatory  Sunset  Act  is  amended by
 5    changing Section 4.12 as follows:

 6        (5 ILCS 80/4.12) (from Ch. 127, par. 1904.12)
 7        Sec. 4.12.  The following Acts are repealed December  31,
 8    2001:
 9        The Professional Boxing and Wrestling Act.
10        The Interior Design Profession Title Act.
11        The Detection of Deception Examiners Act.
12        The Water Well and Pump Installation Contractor's License
13    Act.
14    (Source: P.A. 86-1404; 86-1475; 87-703.)

15        Section  10.  The  Regulatory  Sunset  Act  is amended by
16    adding Section 4.22 as follows:

17        (5 ILCS 80/4.22 new)
18        Sec.  4.22.   Act  repealed  on  January  1,  2012.   The
19    following Act is repealed on January 1, 2012:
20        The Detection of Deception Examiners Act.

21        Section  15.  The Detection of Deception Examiners Act is
22    amended by changing Sections 1, 11, 17, 18, 22, 23,  24,  25,
23    26.1, 29, and 30 and adding Sections 7.2 and 7.3 as follows:

24        (225 ILCS 430/1) (from Ch. 111, par. 2401)
25        Sec.  1.   Definitions.  As  used in this Act, unless the
26    context   otherwise   requires:   "Detection   of   Deception
27    Examination", hereinafter referred to as "Examination"  means
 
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 1    any  examination  in  which a device or instrument is used to
 2    test or question individuals for the  purpose  of  evaluating
 3    truthfulness or untruthfulness.
 4        "Examiner" means any person licensed under this Act.
 5        "Person"   includes   any  natural  person,  partnership,
 6    association, corporation or trust.
 7        "Department"  means  the   Department   of   Professional
 8    Regulation of the State of Illinois.
 9        "Director"  means the Director of Professional Regulation
10    of the State of Illinois.
11        "Committee" means the  Detection  of  Deception  Examiner
12    Committee provided for in this Act.
13        "Him" means both the male and female gender.
14    (Source: P.A. 85-1209.)

15        (225 ILCS 430/7.2 new)
16        Sec.   7.2.    Detection   of   Deception  Examiners  Act
17    Coordinator.  The  Director  shall  appoint  a  Detection  of
18    Deception  Examiners Act Coordinator to assist the Department
19    in  the  administration  of  this  Act.   The  Detection   of
20    Deception   Examiners  Act  Coordinator  shall  be  a  person
21    licensed under this Act and shall have no less than 10  years
22    of  experience as an Illinois licensed Detection of Deception
23    Examiner.  The   Detection   of   Deception   Examiners   Act
24    Coordinator  shall perform such administrative functions on a
25    full or part-time basis as may be delegated to him or her  by
26    the  Director, including, but not limited to, revision of the
27    licensing  examination  and  review  of  the   training   and
28    qualifications  of  applicants from a jurisdiction outside of
29    Illinois.
30        Whenever  the  Director  is  satisfied  that  substantial
31    justice has not been done in an examination, he may  order  a
32    re-examination by the same or other examiners.
 
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 1        (225 ILCS 430/7.3 new)
 2        Sec.   7.3.  Appointment   of  a  Hearing  Officer.   The
 3    Director has the authority to appoint an  attorney,  licensed
 4    to  practice  law  in  the  State  of Illinois, to serve as a
 5    Hearing Officer in any action for refusal to issue or renew a
 6    license or to discipline a license.  The Hearing Officer  has
 7    full   authority  to  conduct  the  hearing.   The  appointed
 8    Detection of Deception Coordinator may  attend  hearings  and
 9    advise  the  Hearing  Officer  on technical matters involving
10    Detection of Deception examinations.

11        (225 ILCS 430/11) (from Ch. 111, par. 2412)
12        Sec. 11.  Qualifications for licensure as an examiner.  A
13    person is qualified to receive a license as an examiner:
14        A.  Who establishes that he is a  person  of  good  moral
15    character; and
16        B.   Who  has  passed  an  examination  approved  by  the
17    Department  conducted by the Examiner Committee, or under its
18    supervision, to determine his competency to obtain a  license
19    to practice as an examiner; and
20        C.  Who has had conferred upon him an academic degree, at
21    the  baccalaureate  level,  from  an  accredited  college  or
22    university; and
23        D.  Who has satisfactorily completed 6 months of study in
24    detection of deception, as prescribed by rule.
25        Conviction  of a misdemeanor involving moral turpitude or
26    a felony may be considered, but shall not  be  determinative,
27    in   determining  whether  an  applicant  is  of  good  moral
28    character.
29    (Source: P.A. 82-200.)

30        (225 ILCS 430/17) (from Ch. 111, par. 2418)
31        Sec. 17.  Complaints; investigations.  The Department may
32    upon its own motion and shall, upon the verified complaint in
 
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 1    writing of any person setting forth  facts  which  if  proved
 2    would   constitute   grounds   for   refusal,  suspension  or
 3    revocation of a  license  under  this  Act,  investigate  the
 4    actions  of any applicant or of any person or persons holding
 5    or claiming to hold a license. The Department  shall,  before
 6    refusing  to  issue  and before suspension or revocation of a
 7    license, at least 30 days prior  to  the  date  set  for  the
 8    hearing, notify in writing the applicant for, or holder of, a
 9    license  of the nature of the charges and that a hearing will
10    be held on the date designated. The Department  shall  direct
11    the  applicant  or  licensee to file a written answer with to
12    the Department Board under oath  within  20  days  after  the
13    service  of  the  notice and inform the applicant or licensee
14    that failure to file an answer will result in  default  being
15    taken  against the applicant or licensee and that the license
16    or  certificate  may  be  suspended,   revoked,   placed   on
17    probationary  status,  or  other  disciplinary  action may be
18    taken, including limiting the  scope,  nature  or  extent  of
19    practice, as the Director may deem proper. In case the person
20    fails  to  file  an answer after receiving notice, his or her
21    license  or  certificate  may,  in  the  discretion  of   the
22    Department,  be suspended, revoked, or placed on probationary
23    status, or the  Department  may  take  whatever  disciplinary
24    action  deemed  proper, including limiting the scope, nature,
25    or extent of the person's practice or  the  imposition  of  a
26    fine,   without  a  hearing,  if  the  act  or  acts  charged
27    constitute sufficient grounds for such action under this Act.
28    The hearing shall determine whether the applicant or  holder,
29    hereinafter  called  the  respondent  is privileged to hold a
30    license, and shall afford the respondent an opportunity to be
31    heard in person or by counsel in reference  thereto.  Written
32    notice  may  be  served by delivery of the same personally to
33    the respondent at the address of his last notification to the
34    Department. At the time and place fixed in  the  notice,  the
 
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 1    Department  Committee  shall  proceed to hear the charges and
 2    both the  respondent  and  Department  complainant  shall  be
 3    accorded ample opportunity to present in person or by counsel
 4    such  statements,  testimony, evidence and argument as may be
 5    pertinent to the charges or to their defense. The  Department
 6    Committee  may continue the hearing from time to time. If the
 7    Committee shall not be sitting at the time and place fixed in
 8    the notice or at the time and  place  to  which  the  hearing
 9    shall  have  been  continued, the Director shall continue the
10    hearing for a period not to exceed 30 days,  unless  extended
11    by stipulation of both parties.
12    (Source: P.A. 87-1031.)

13        (225 ILCS 430/18) (from Ch. 111, par. 2419)
14        Sec.   18.  Stenographer;   transcript;  Hearing  Officer
15    Committee report.  The  Department,  at  its  expense,  shall
16    provide  a  stenographer  to  take  down  the  testimony  and
17    preserve  a  record  of all proceedings at the hearing of any
18    case involving the refusal to  issue  or  the  suspension  or
19    revocation of a license. The notice of hearing, complaint and
20    all  other  documents  in the nature of pleadings and written
21    motions  filed  in  the  proceedings,   the   transcript   of
22    testimony,  the  report  of the Hearing Officer Committee and
23    orders  of  the  Department  shall  be  the  records  of  the
24    proceedings. The Department shall furnish a transcript of the
25    record to any person or persons  interested  in  the  hearing
26    upon  the  payment of the fee required under Section 2105-115
27    of the Department of Professional  Regulation  Law  (20  ILCS
28    2105/2105-115).
29        At  the  conclusion  of  the hearing, the Hearing Officer
30    shall  make  findings  of  fact,  conclusions  of  law,   and
31    recommendations,  separately  stated,  and submit them to the
32    Director and to all parties to the proceeding.
33        The Hearing Officer's findings of  fact,  conclusions  of
 
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 1    law, and recommendations shall be served upon the licensee in
 2    a similar fashion as service of the notice of formal charges.
 3    Within 20 days after the service, any party to the proceeding
 4    may  present to the Director a motion, in writing, specifying
 5    the particular grounds for a rehearing.
 6        The Director, following the time  allowed  for  filing  a
 7    motion  for  rehearing,  shall  review  the Hearing Officer's
 8    findings of fact, conclusions of law, and recommendations and
 9    any  subsequently  filed  motions.   After  review   of   the
10    information,   the  Director  may  hear  oral  arguments  and
11    thereafter shall issue the order. The report of  findings  of
12    fact,  conclusions of law, and recommendations of the Hearing
13    Officer shall be the basis for the  Department's  order.   If
14    the Director finds that substantial justice was not done, the
15    Director  may  issue an order in contravention of the Hearing
16    Officer's  recommendations.   The  Director  shall   promptly
17    provide   a   written  explanation  to  all  parties  to  the
18    proceeding of any disagreement  with  the  Hearing  Officer's
19    recommendations.  In  any case involving the refusal to issue
20    or the suspension or revocation of a license, a copy  of  the
21    Committee's report shall be served upon the respondent by the
22    Department,  either  personally or by registered or certified
23    mail as provided in this Act for the service of the notice of
24    hearing. Within 20 days after  service,  the  respondent  may
25    present   to  the  Department  a  motion  in  writing  for  a
26    rehearing, which shall specify  the  particular  grounds  for
27    rehearing. If no motion for rehearing is filed, then upon the
28    expiration of the time specified for filing a motion, or if a
29    motion for rehearing is denied, then upon denial the Director
30    may  enter an order in accordance with recommendations of the
31    Committee. If the  respondent  shall  order  and  pay  for  a
32    transcript  of the record within the time for filing a motion
33    for rehearing, the 20 day period within which a motion may be
34    filed shall commence upon the delivery of the  transcript  to
 
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 1    the respondent.
 2    (Source: P.A. 91-239, eff. 1-1-00.)

 3        (225 ILCS 430/22) (from Ch. 111, par. 2423)
 4        Sec.  22.  Regulations;  forms.   The  Director,  on  the
 5    recommendation  of  the  Committee,  may  issue  regulations,
 6    consistent   with   the  provisions  of  this  Act,  for  the
 7    administration and  enforcement  thereof  and  may  prescribe
 8    forms which shall be issued in connection therewith.
 9    (Source: Laws 1963, p. 3300.)

10        (225 ILCS 430/23) (from Ch. 111, par. 2424)
11        Sec.   23.   Action   or   counterclaim.   No  action  or
12    counterclaim shall be maintained by any person in  any  court
13    in  this  State with respect to any agreement or services for
14    which a license is required by this Act  or  to  recover  the
15    agreed price or any compensation under any such agreement, or
16    for such services for which a license is required by this Act
17    without alleging and proving providing that such person had a
18    valid  license  at the time of making such agreement or doing
19    such work.
20    (Source: Laws 1963, p. 3300.)

21        (225 ILCS 430/24) (from Ch. 111, par. 2425)
22        Sec. 24.  Injunctions; cease and desist orders.   If  any
23    person  violates  a  the  provision of this Act, the Director
24    may, in the name of the People  of  the  State  of  Illinois,
25    through the Attorney General of the State of Illinois, apply,
26    in  the  circuit court, for an order enjoining such violation
27    or for an order enforcing compliance with this Act.  Upon the
28    filing of a verified complaint in such court,  the  court  or
29    any  judge  thereof,  if  satisfied by affidavit or otherwise
30    that such person has violated this Act, may enter a temporary
31    restraining order or preliminary injunction,  without  notice
 
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 1    or  bond,  enjoining  such  continued violation, and if it is
 2    established that such person has  violated  or  is  violating
 3    this Act, the Court may summarily try and punish the offender
 4    for  contempt of court.  Proceedings under this section shall
 5    be in addition to, and not in lieu of, all other remedies and
 6    penalties provided by this Act.
 7        The Department may conduct hearings and issue  cease  and
 8    desist   orders   with  respect  to  persons  who  engage  in
 9    activities prohibited by this Act.  Any person  in  violation
10    of  a  cease and desist order entered by the Department shall
11    be subject to all of the remedies provided  by  law  and,  in
12    addition,  shall be subject to a civil penalty payable to the
13    party injured by the violation in an amount up to $10,000.
14    (Source: P.A. 83-334.)

15        (225 ILCS 430/25) (from Ch. 111, par. 2426)
16        Sec. 25. Order or certified copy; prima facie proof.   An
17    order  or  a  certified  copy  thereof,  over the seal of the
18    Department and purporting to be signed by the Director, shall
19    be prima facie proof that:
20             (a)  the signature is the genuine signature  of  the
21        Director; and
22             (b)  the  Director  is duly appointed and qualified;
23        and
24             (c)  the  Committee  and  the  members  thereof  are
25        qualified to act.
26    (Source: P.A. 91-357, eff. 7-29-99.)

27        (225 ILCS 430/26.1) (from Ch. 111, par. 2427.1)
28        Sec.  26.1.  Returned  checks;  fines.  Any  person   who
29    delivers  a  check or other payment to the Department that is
30    returned  to  the  Department   unpaid   by   the   financial
31    institution   upon  which  it  is  drawn  shall  pay  to  the
32    Department, in addition to the amount  already  owed  to  the
 
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 1    Department,  a fine of $50. If the check or other payment was
 2    for a renewal or  issuance  fee  and  that  person  practices
 3    without  paying  the renewal fee or issuance fee and the fine
 4    due, an additional fine of $100 shall be imposed.  The  fines
 5    imposed  by  this  Section  are  in  addition  to  any  other
 6    discipline provided under this Act for unlicensed practice or
 7    practice on a nonrenewed license. The Department shall notify
 8    the  person  that  payment of fees and fines shall be paid to
 9    the Department by certified check or money  order  within  30
10    calendar  days  of the notification. If, after the expiration
11    of 30 days from the date of the notification, the person  has
12    failed  to  submit  the  necessary remittance, the Department
13    shall automatically terminate the license or  certificate  or
14    deny  the application, without hearing. If, after termination
15    or denial, the person seeks a license or certificate,  he  or
16    she shall apply to the Department for restoration or issuance
17    of  the license or certificate and pay all fees and fines due
18    to the Department. The Department may establish a fee for the
19    processing of an application for restoration of a license  or
20    certificate   to   pay   all   expenses  of  processing  this
21    application. The Director may waive the fines due under  this
22    Section in individual cases where the Director finds that the
23    fines would be unreasonable or unnecessarily burdensome.
24    (Source: P.A. 87-1031.)

25        (225 ILCS 430/29) (from Ch. 111, par. 2430)
26        Sec.  29.  Restoration of license.  At any time after the
27    suspension or revocation of any license, the  Department  may
28    restore   it   to   the  accused  person,  upon  the  written
29    recommendation of the Committee.
30    (Source: Laws 1963, p. 3300.)

31        (225 ILCS 430/30) (from Ch. 111, par. 2431)
32        Sec. 30.  An applicant who is an Examiner, licensed under
 
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 1    the laws of another state or territory of the United  States,
 2    may   be   issued   a  license  without  examination  by  the
 3    Department, in its discretion, upon payment of a fee  as  set
 4    by  rule of $50.00, and the production of satisfactory proof:
 5    ;
 6        (a)  that he is of good moral character; and
 7        (b)  that the requirements for the licensing of Examiners
 8    in such particular state or territory of  the  United  States
 9    were,  at  the date of licensing, substantially equivalent to
10    the requirements then in force in this State.
11    (Source: P.A. 82-200.)

12        (225 ILCS 430/7 rep.)
13        Section 20.  The Detection of Deception Examiners Act  is
14    amended by repealing Section 7.

15        Section  99.  Effective date.  This Act takes effect upon
16    becoming law.

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