Bill Text: IL HB2957 | 2019-2020 | 101st General Assembly | Engrossed


Bill Title: Amends the Illinois Landscape Architecture Act of 1989. Makes a technical change in a Section concerning the application of the Act.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed) 2019-05-31 - Rule 3-9(a) / Re-referred to Assignments [HB2957 Detail]

Download: Illinois-2019-HB2957-Engrossed.html



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1 AN ACT concerning regulation.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Regulatory Sunset Act is amended by changing
5Section 4.30 and by adding Section 4.40 as follows:
6 (5 ILCS 80/4.30)
7 Sec. 4.30. Acts repealed on January 1, 2020. The following
8Acts are repealed on January 1, 2020:
9 The Auction License Act.
10 The Community Association Manager Licensing and
11Disciplinary Act.
12 The Illinois Architecture Practice Act of 1989.
13 The Illinois Landscape Architecture Act of 1989.
14 The Illinois Professional Land Surveyor Act of 1989.
15 The Orthotics, Prosthetics, and Pedorthics Practice Act.
16 The Perfusionist Practice Act.
17 The Pharmacy Practice Act.
18 The Professional Engineering Practice Act of 1989.
19 The Real Estate License Act of 2000.
20 The Structural Engineering Practice Act of 1989.
21(Source: P.A. 100-497, eff. 9-8-17; 100-534, eff. 9-22-17;
22100-863, eff. 8-14-18.)

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1 (5 ILCS 80/4.40 new)
2 Sec. 4.40. Act repealed on January 1, 2030. The following
3Act is repealed on January 1, 2030:
4 The Illinois Landscape Architecture Act of 1989.
5 Section 10. The Illinois Landscape Architecture Act of 1989
6is amended by changing Sections 2, 3, 4, 5, 6, 6.5, 7, 8, 9, 10,
711, 11.5, 12, 15, 17, 18, 18.1, 19, 20, 22, 22.1, 23, 24, 26,
827, 28, 30, and 31 and by adding Section 9.5 as follows:
9 (225 ILCS 315/2) (from Ch. 111, par. 8102)
10 (Section scheduled to be repealed on January 1, 2020)
11 Sec. 2. Short title Title. This Act may be cited as the
12Illinois Landscape Architecture Act of 1989.
13(Source: P.A. 86-932; 86-1475.)
14 (225 ILCS 315/3) (from Ch. 111, par. 8103)
15 (Section scheduled to be repealed on January 1, 2020)
16 Sec. 3. Definitions. As used in this Act:
17 (a) "Board" means the Illinois Landscape Architect
18Registration Board.
19 (b) "Department" means the Illinois Department of
20Financial and Professional Regulation.
21 (c) "Secretary" means the Secretary of Financial and
22Professional Regulation.
23 (d) "Landscape architect Architect" or "landscape

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1architect design professional Landscape Architect Design
2Professional" means a person who, based on education,
3experience, and examination in the field of landscape
4architecture, is licensed under this Act.
5 (e) "Landscape architecture Architecture" means the art
6and science of arranging land, together with the spaces and
7objects upon it, for the purpose of creating a safe, efficient,
8healthful, and aesthetically pleasing physical environment for
9human use and enjoyment, as performed by landscape architects.
10 (f) "Landscape architectural practice Architectural
11Practice" means the offering or furnishing of professional
12services in connection with a landscape architecture project
13that do not require the seal of an architect, land surveyor,
14professional engineer, or structural engineer. Such services
15may include, but are not limited to, providing preliminary
16studies; developing design concepts; planning for the
17relationships of physical improvements and intended uses of the
18site; establishing form and aesthetic elements; analyzing and
19providing for life safety requirements; developing those
20construction details on the site which are exclusive of any
21building or structure; preparing and coordinating technical
22submissions; and conducting site observation of a landscape
23architecture project.
24 (g) "Person" means any person, sole proprietorship, or
25entity such as a partnership, limited liability company,
26professional service corporation, or corporation.

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1(Source: P.A. 96-730, eff. 8-25-09.)
2 (225 ILCS 315/4) (from Ch. 111, par. 8104)
3 (Section scheduled to be repealed on January 1, 2020)
4 Sec. 4. Use of title. No person may represent himself or
5herself to be a landscape architect, use the title "landscape
6architect", "registered landscape architect", "licensed
7landscape architect", "landscape architect design
8professional", or any other title which includes the words
9"landscape architect" or "landscape architecture", unless
10licensed under this Act.
11(Source: P.A. 96-730, eff. 8-25-09.)
12 (225 ILCS 315/5) (from Ch. 111, par. 8105)
13 (Section scheduled to be repealed on January 1, 2020)
14 Sec. 5. Title protection. Practice without license. No
15person shall hold himself or herself out as a landscape
16architect without being so registered by the Department. This
17is title protection and not licensure by the Department.
18Nothing in this Act prevents any person from being engaged in
19the practice of landscape architecture so long as he or she
20does not represent himself or herself as, or use the titles of,
21"landscape architect", "registered landscape architect",
22"licensed landscape architect", "landscape architecture",
23"landscape architect design professional", or "landscape
24architecture design professional".

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1(Source: P.A. 96-730, eff. 8-25-09.)
2 (225 ILCS 315/6) (from Ch. 111, par. 8106)
3 (Section scheduled to be repealed on January 1, 2020)
4 Sec. 6. Issuance of certificate Certificate. If Whenever an
5applicant for licensure has complied with the provisions of
6Section 11 of this Act, the Department shall issue a
7certificate of licensure to the applicant as a licensed
8landscape architect subject to the provisions of this Act.
9(Source: P.A. 96-730, eff. 8-25-09.)
10 (225 ILCS 315/6.5)
11 (Section scheduled to be repealed on January 1, 2020)
12 Sec. 6.5. Display of license; seal.
13 (a) Every holder of a landscape architect license shall
14display his or her certificate of licensure in a conspicuous
15place in his or her principal office. A certificate of
16registration issued under this Act that is in good standing on
17the effective date of this amendatory Act of the 96th General
18Assembly shall be deemed to be a certificate of licensure and
19the Department shall not be required to issue a new certificate
20of licensure to replace it.
21 (b) Every landscape architect shall have a seal, approved
22by the Department and the Board, which shall contain the name
23of the landscape architect, the number of his or her license,
24and the legend "Landscape Architect, State of Illinois" and

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1other words or figures as the Department deems necessary.
2Plans, specifications, and reports related to landscape
3architectural practice and prepared by the landscape
4architect, or under his or her supervision, shall be stamped
5with his or her seal when filed. Notwithstanding the
6requirements of this Section, an architect, land surveyor,
7professional engineer, or structural engineer shall be
8permitted to affix his or her professional seal or stamp to any
9plans, specifications, and reports prepared by or under his or
10her responsible control in connection with the incidental
11practice of landscape architecture.
12 (c) A landscape architect who endorses a document with his
13or her seal while his or her license is suspended, expired, or
14has been revoked, who has been placed on probation or inactive
15status, or who endorses a document that the landscape architect
16did not actually prepare or supervise the preparation of, is
17subject to the penalties prescribed in Section 18.1.
18(Source: P.A. 96-730, eff. 8-25-09.)
19 (225 ILCS 315/7) (from Ch. 111, par. 8107)
20 (Section scheduled to be repealed on January 1, 2020)
21 Sec. 7. Address of record; email address of record Record.
22Every landscape architect shall maintain a current address and
23email address with the Department. It is the duty of every
24applicant and or licensee to inform the Department of any
25change of address or email address, and such changes must be

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1made either through the Department's website or by directly
2contacting the Department.
3(Source: P.A. 96-730, eff. 8-25-09.)
4 (225 ILCS 315/8) (from Ch. 111, par. 8108)
5 (Section scheduled to be repealed on January 1, 2020)
6 Sec. 8. Powers and duties Duties of the Department.
7 (a) The Department shall exercise the powers and duties
8prescribed by the Civil Administrative Code of Illinois for the
9administration of licensing acts and shall exercise such other
10powers and duties vested by this Act.
11 (b) The Department shall promulgate rules and regulations
12consistent with the provisions of this Act for the
13administration and enforcement thereof which shall include
14standards and criteria for licensure and for the payment of
15fees connected therewith. The Department shall prescribe forms
16required for the administration of this Act.
17 (c) The Department shall consult the Landscape
18Architecture Board in promulgating rules and regulations.
19Notice of proposed rulemaking shall be transmitted to the Board
20and the Department shall review the Board's response and any
21recommendations made therein. The Department shall notify the
22Board in writing of the explanation for any deviations from the
23Board's recommendations and response.
24 (d) The Department may at any time seek the advice and the
25expert knowledge of the Board on any matter relating to the

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1administration of this Act.
2 (e) (Blank). The Department shall issue a quarterly report
3to the Board setting forth the status of all complaints
4received by the Department related to landscape architectural
5practice.
6 (f) The Department shall maintain membership and
7representation in the national body composed of state licensing
8and testing boards for landscape architects.
9(Source: P.A. 96-730, eff. 8-25-09.)
10 (225 ILCS 315/9) (from Ch. 111, par. 8109)
11 (Section scheduled to be repealed on January 1, 2020)
12 Sec. 9. Composition, qualification, and terms of Board.
13 (a) The Secretary shall appoint a Board consisting of 5
14persons who are residents of the State of Illinois and who
15shall be appointed by and shall serve in an advisory capacity
16to the Secretary. Four persons shall be individuals experienced
17in landscape architectural work who would qualify upon
18application to the Department under the provisions of this Act
19to be licensed landscape architects, one of whom shall be a
20tenured member of the landscape architecture faculty of a
21university located within this State that maintains an
22accredited school of landscape architecture and 3 of whom shall
23have engaged in landscape architectural work for at least 5
24years. The fifth person shall be a public member, not an
25employee of the State of Illinois, who is not licensed or

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1registered under this Act or a similar Act of another
2jurisdiction. The public member may not be elected or appointed
3as chairperson chairman of the Board or serve in such capacity
4in any other manner.
5 (b) Members of the Board shall serve 5-year 5 year terms
6and until their successors are appointed and qualified. No
7member shall be reappointed to the Board for a term which would
8cause that member's cumulative service on the Board to be
9longer than 10 years. No member who is an initial appointment
10to the Board shall be reappointed to the Board for a term which
11would cause that member's cumulative service on the Board to be
12longer than 13 years. Appointments to fill vacancies shall be
13made in the same manner as original appointments for the
14unexpired portion of the vacated term. Initial terms shall
15begin upon the effective date of this Act.
16 (c) The Secretary may remove any member of the Board for
17cause, which may include without limitation a member who does
18not attend 2 consecutive meetings.
19 (d) The Secretary shall consider the recommendations of the
20Board on questions involving standards of professional
21conduct, discipline, and qualifications of applicants and
22licensees under this Act.
23 (e) Three members of the Board shall constitute a quorum. A
24quorum is required for Board decisions.
25 (f) The Board shall annually elect a chairperson and vice
26chairperson, both of whom shall be licensed landscape

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1architects.
2(Source: P.A. 96-730, eff. 8-25-09.)
3 (225 ILCS 315/9.5 new)
4 Sec. 9.5. Board immunity. Members of the Board shall have
5no liability in an action based upon disciplinary proceeding or
6other activity performed in good faith as a member of the
7Board.
8 (225 ILCS 315/10) (from Ch. 111, par. 8110)
9 (Section scheduled to be repealed on January 1, 2020)
10 Sec. 10. Application for registration Registration. An
11application for registration shall be made to the Department in
12writing on forms or electronically as prescribed by the
13Department and shall be accompanied by the required fee, which
14is not refundable shall not be returnable. The application
15shall require such information as, in the judgment of the
16Department, will enable the Department to pass on the
17qualifications of the applicant for registration.
18(Source: P.A. 86-932.)
19 (225 ILCS 315/11) (from Ch. 111, par. 8111)
20 (Section scheduled to be repealed on January 1, 2020)
21 Sec. 11. Licensure qualifications Qualifications.
22 (a) Every person applying to the Department for licensure
23shall do so on forms approved by the Department and shall pay

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1the required fee. Every person applying to the Department for
2licensure shall submit, with his or her application,
3satisfactory evidence that the person holds an approved
4professional degree in landscape architecture from an approved
5and accredited program, as such terms are defined by the rules
6and regulations of the Department, and that he or she has had
7such practical experience in landscape architectural work as
8shall be required by the rules and regulations of the
9Department. Every applicant for initial licensure must have an
10approved professional degree. If an applicant is qualified the
11Department shall, by means of a written examination, examine
12the applicant on such technical and professional subjects as
13shall be required by the rules and regulations of the
14Department.
15 (b) The Department may exempt from such written examination
16an applicant who holds a certificate of qualification issued by
17the National Council of Landscape Architecture Registration
18Boards, or who holds a registration or license in another state
19or U.S. jurisdiction which has equivalent or substantially
20equivalent requirements as the State of Illinois.
21 (c) The Department shall adopt rules determining
22requirements for practical training and education. The
23Department may also adopt the examinations and recommended
24grading procedures of the National Council of Landscape
25Architectural Registration Boards and the accreditation
26procedures of the Landscape Architectural Accrediting Board.

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1The Department shall issue a certificate of licensure to each
2applicant who satisfies the requirements set forth in this
3Section. Such licensure shall be effective upon issuance.
4 (d) If an applicant neglects, fails without an approved
5excuse, or refuses to take an examination or fails to pass an
6examination to obtain a certificate of licensure under this Act
7within 3 years after filing the application, the application
8shall be denied. However, such applicant may thereafter submit
9a new application accompanied by the required fee.
10 (e) For a period of 2 years after the effective date of
11this amendatory Act of the 96th General Assembly, persons
12demonstrating to the Department that they have been engaged in
13landscape architectural practice for a period of 10 years and
14have an accredited degree and license in urban or regional
15planning, architecture, or civil engineering are eligible to
16achieve licensure through examination.
17(Source: P.A. 96-730, eff. 8-25-09.)
18 (225 ILCS 315/11.5)
19 (Section scheduled to be repealed on January 1, 2020)
20 Sec. 11.5. Professional liability.
21 (a) Any individual licensed under this Act as a landscape
22architect is liable for his or her negligent or willful acts,
23errors, and omissions and any shareholder, member, or partner
24of any entity that provides landscape architecture services
25through an individual licensed under this Act is liable for the

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1negligent or willful acts, errors, and omissions of the
2employees, members, and partners of the entity. Eligible claims
3of liability may be covered under a qualifying policy of
4professional liability insurance, as set forth in subsection
5(b) of this Section, maintained by an individual or entity.
6 (b) A qualifying policy of professional liability
7insurance must insure an individual or entity against liability
8imposed upon it by law for damages arising out of the negligent
9acts, errors, and omissions of the individual or of the
10licensed and unlicensed employees, members, and partners of the
11entity. The policy may exclude coverage of the following:
12 (1) a dishonest, fraudulent, criminal, or malicious
13 act or omission of the insured individual or entity or any
14 stockholder, employee, member, or partner of the insured
15 entity;
16 (2) the conducting of a business enterprise that is not
17 landscape architectural practice by the insured individual
18 or entity;
19 (3) the conducting of a business enterprise in which
20 the insured individual or entity may be a partner or that
21 may be controlled, operated, or managed by the individual
22 or entity in its own or in a fiduciary capacity, including
23 without limitation the ownership, maintenance, or use of
24 property;
25 (4) bodily injury, sickness, disease, or death of a
26 person; or

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1 (5) damage to or destruction of tangible property owned
2 by the insured individual or entity.
3The policy may include any other reasonable provisions with
4respect to policy periods, territory, claims, conditions, and
5ministerial matters.
6(Source: P.A. 96-730, eff. 8-25-09.)
7 (225 ILCS 315/12) (from Ch. 111, par. 8112)
8 (Section scheduled to be repealed on January 1, 2020)
9 Sec. 12. Registration; renewal; restoration , Renewal,
10Restoration.
11 (a) The expiration date and renewal period for each
12registration issued under this Act shall be prescribed by the
13rules and regulations of the Department.
14 (b) Any person who has permitted his or her registration to
15expire or who has had his or her registration on inactive
16status may have his or her registration restored by applying to
17the Department, filing proof acceptable to the Department of
18his or her fitness to have the registration restored, which may
19include sworn evidence certifying to active practice in another
20jurisdiction satisfactory to the Department and paying the
21required restoration fee.
22 (c) If the person has not maintained an active practice in
23another jurisdiction satisfactory to the Department, the Board
24shall determine, by an evaluation program established by rule,
25the person's fitness to resume active status and may require

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1the successful completion of an examination.
2 (d) However, any person whose registration has expired
3while he or she has been engaged: (1) in Federal Service on
4active duty with the Armed Forces of the United States or the
5State Militia called into service or training; or (2) in
6training or education under the supervision of the United
7States preliminary to induction into the military service, may
8have his or her registration renewed or restored without paying
9any lapsed renewal fees if, within 2 years after termination of
10such service, training or education other than by dishonorable
11discharge, he or she furnishes the Department with satisfactory
12evidence to the effect that he or she has been so engaged and
13that the service, training, or education has been so
14terminated.
15 (e) Each application for renewal shall contain the
16signature of the landscape architect. The signature may be
17written or electronically affixed.
18(Source: P.A. 86-932.)
19 (225 ILCS 315/15) (from Ch. 111, par. 8115)
20 (Section scheduled to be repealed on January 1, 2020)
21 Sec. 15. Disposition of funds. All of the fees collected
22pursuant to this Act shall be deposited into in the General
23Professions Dedicated Fund.
24 On January 1, 2000 the State Comptroller shall transfer the
25balance of the monies in the Landscape Architects'

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1Administration and Investigation Fund into the General
2Professions Dedicated Fund. Amounts appropriated for fiscal
3year 2000 out of the Landscape Architects' Administration and
4Investigation Fund may be paid out of the General Professions
5Dedicated Fund.
6 The moneys monies deposited into in the General Professions
7Dedicated Fund may be used for the expenses of the Department
8in the administration of this Act.
9 Moneys from the Fund may also be used for direct and
10allocable indirect costs related to the public purposes of the
11Department of Financial and Professional Regulation. Moneys in
12the Fund may be transferred to the Professions Indirect Cost
13Fund as authorized by Section 2105-300 of the Department of
14Professional Regulation Law of the Civil Administrative Code of
15Illinois (20 ILCS 2105/2105-300).
16(Source: P.A. 96-730, eff. 8-25-09.)
17 (225 ILCS 315/17) (from Ch. 111, par. 8117)
18 (Section scheduled to be repealed on January 1, 2020)
19 Sec. 17. Advertising. Any person licensed under this Act
20may advertise the availability of professional services in the
21public media or on the premises where such professional
22services are rendered if the provided that such advertising is
23truthful and not misleading.
24(Source: P.A. 96-730, eff. 8-25-09.)

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1 (225 ILCS 315/18) (from Ch. 111, par. 8118)
2 (Section scheduled to be repealed on January 1, 2020)
3 Sec. 18. Violation; injunction; cease and desist order.
4 (a) If any person violates the provisions of this Act, the
5Secretary may, in the name of the People of the State of
6Illinois, through the Attorney General of the State of Illinois
7or the State's Attorney of any county in which the action is
8brought, petition for an order enjoining such violation and for
9an order enforcing compliance with this Act. Upon the filing of
10a verified petition in court, the court may issue a temporary
11restraining order, without notice or bond, and may
12preliminarily and permanently enjoin such violation. If it is
13established that such person has violated or is violating the
14injunction, the court Court may punish the offender for
15contempt of court. Proceedings under this Section shall be in
16addition to, and not in lieu of, all other remedies and
17penalties provided in by this Act.
18 (b) (Blank). If any person shall hold himself or herself
19out as a "landscape architect", "licensed landscape
20architect", or "registered landscape architect", or use any
21other title that includes the words "landscape architect" or
22"landscape architecture" without being licensed under the
23provisions of this Act, then any licensed landscape architect,
24any interested party or any person injured thereby may, in
25addition to the Secretary, petition for relief as provided in
26subsection (a) of this Section.

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1 (c) Whoever holds himself or herself out as a "landscape
2architect", "licensed landscape architect", or "registered
3landscape architect", or uses any other title that includes the
4words "landscape architect" or "landscape architecture" in
5this State without being licensed under this Act shall be
6guilty of a Class A misdemeanor, and for each subsequent
7conviction shall be guilty of a Class 4 felony.
8 (d) If Whenever, in the opinion of the Department, a person
9violates any provision of this Act, the Department may issue a
10rule to show cause why an order to cease and desist should not
11be entered against that person. The rule shall clearly set
12forth the grounds relied upon by the Department and shall allow
13the person at least 7 days from the date of the rule to file an
14answer that is satisfactory to the Department. Failure to
15answer to the satisfaction of the Department shall cause an
16order to cease and desist to be issued.
17(Source: P.A. 96-730, eff. 8-25-09.)
18 (225 ILCS 315/18.1)
19 (Section scheduled to be repealed on January 1, 2020)
20 Sec. 18.1. Grounds for discipline Discipline.
21 (a) The Department may refuse to issue or to renew, or may
22revoke, suspend, place on probation, reprimand, or take other
23disciplinary or non-disciplinary action as deemed appropriate
24including the imposition impositions of fines not to exceed
25$10,000 for each violation, as the Department may deem proper

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1with regard to any license for any one or a combination of the
2following:
3 (1) Material misstatement in furnishing information to
4 the Department or to any other State agency.
5 (2) Negligent or intentional disregard of this Act, or
6 violation of any rules under this Act.
7 (3) Conviction of, or entry of a plea of guilty or nolo
8 contendere, finding of guilt, jury verdict, or entry of
9 judgment or sentencing, including, but not limited to,
10 convictions, preceding sentences of supervision,
11 conditional discharge, or first offender probation under
12 the laws of the United States or any state that is (i) a
13 felony or (ii) a misdemeanor, an essential element of which
14 is dishonesty, or any crime that is directly related to the
15 practice of the profession. Conviction of or plea of guilty
16 or nolo contendere to any crime under the laws of the
17 United States or any state or territory thereof that is a
18 felony, or that is a misdemeanor, an essential element of
19 which is dishonesty, or of any crime that is directly
20 related to the practice of the profession.
21 (4) Making any misrepresentation for the purpose of
22 obtaining a license, or violating any provision of this Act
23 or its rules.
24 (5) Professional incompetence or gross negligence in
25 the rendering of landscape architectural services.
26 (6) Aiding or assisting another person in violating any

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1 provision of this Act or any rules.
2 (7) Failing to provide information within 60 days in
3 response to a written request made by the Department.
4 (8) Engaging in dishonorable, unethical, or
5 unprofessional conduct of a character likely to deceive,
6 defraud, or harm the public and violating the rules of
7 professional conduct adopted by the Department.
8 (9) Habitual or excessive use or addiction to alcohol,
9 narcotics, stimulants, or any other chemical agent or drug
10 that results in an inability to practice with reasonable
11 skill, judgment, or safety.
12 (10) Discipline by another jurisdiction, if at least
13 one of the grounds for the discipline is the same or
14 substantially equivalent to those set forth in this
15 Section.
16 (11) Directly or indirectly giving to or receiving from
17 any person, firm, corporation, partnership, or association
18 any fee, commission, rebate, or other form of compensation
19 for any professional service not actually rendered.
20 (12) A finding by the Board that the licensee, after
21 having the license placed on probationary status, has
22 violated the terms of probation.
23 (12.5) A finding by the Board that the licensee has
24 failed to pay a fine imposed by the Department.
25 (13) Abandonment of a client.
26 (14) Willfully filing false reports relating to a

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1 licensee's practice, including, but not limited to, false
2 records filed with federal or State agencies or
3 departments.
4 (15) Being named as a perpetrator in an indicated
5 report by the Department of Children and Family Services
6 under the Abused and Neglected Child Reporting Act, and
7 upon proof by clear and convincing evidence that the
8 licensee has caused a child to be an abused child or
9 neglected child as defined in the Abused and Neglected
10 Child Reporting Act.
11 (16) Physical or mental disability, including
12 deterioration through the aging process or loss of
13 abilities and skills that results in the inability to
14 practice the profession with reasonable judgment, skill,
15 or safety.
16 (17) Solicitation of professional services by using
17 false or misleading advertising.
18 (18) Failure to file a return, or to pay the tax,
19 penalty, or interest shown in a filed return, or to pay any
20 final assessment of tax, penalty, or interest, as required
21 by any tax Act administered by the Illinois Department of
22 Revenue or any successor agency or the Internal Revenue
23 Service or any successor agency.
24 (b) Any fines imposed under this Section shall not exceed
25$10,000 for each violation.
26 (c) The determination by a court that a licensee is subject

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1to involuntary admission or judicial admission as provided in
2the Mental Health and Developmental Disabilities Code will
3result in an automatic suspension of his or her license. The
4suspension will end upon a finding by a court that the licensee
5is no longer subject to involuntary admission or judicial
6admission, the issuance of an order so finding and discharging
7the patient, and the recommendation of the Board to the
8Secretary that the licensee be allowed to resume professional
9practice.
10 (d) In enforcing this Section, the Board, upon a showing of
11a possible violation, may compel a person licensed under this
12Act or who has applied for licensure pursuant to this Act to
13submit to a mental or physical examination, or both, as
14required by and at the expense of the Department. The examining
15physicians shall be those specifically designated by the Board.
16The Board or the Department may order the examining physician
17to present testimony concerning this mental or physical
18examination of the licensee or applicant. No information shall
19be excluded by reason of any common law or statutory privilege
20relating to communications between the licensee or applicant
21and the examining physician. The person to be examined may
22have, at his or her own expense, another physician of his or
23her choice present during all aspects of the examination.
24Failure of any person to submit to a mental or physical
25examination when directed shall be grounds for suspension of a
26license until the person submits to the examination if the

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1Board finds, after notice and hearing, that the refusal to
2submit to the examination was without reasonable cause.
3 If the Board finds a person unable to practice because of
4the reasons set forth in this Section, the Board may require
5that person to submit to care, counseling, or treatment by
6physicians approved or designated by the Board as a condition,
7term, or restriction for continued, reinstated, or renewed
8licensure; or, in lieu of care, counseling, or treatment, the
9Board may recommend that the Department file a complaint to
10immediately suspend, revoke, or otherwise discipline the
11license of the person. Any person whose license was granted,
12continued, reinstated, renewed, disciplined, or supervised
13subject to such terms, conditions, or restrictions and who
14fails to comply with such terms, conditions, or restrictions
15shall be referred to the Secretary for a determination as to
16whether the person shall have his or her license suspended
17immediately, pending a hearing by the Board.
18(Source: P.A. 96-730, eff. 8-25-09.)
19 (225 ILCS 315/19) (from Ch. 111, par. 8119)
20 (Section scheduled to be repealed on January 1, 2020)
21 Sec. 19. Investigation; notice; and hearing. The
22Department may investigate the actions of any applicant or of
23any person or persons holding or claiming to hold a license.
24The Department shall, before suspending, revoking, placing on
25probationary status, or taking any other disciplinary action as

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1the Department may deem proper with regard to any license, at
2least 30 days prior to the date set for the hearing, notify the
3applicant or licensee in writing of any charges made and the
4time and place for a hearing of the charges before the Board,
5direct him or her to file his or her written answer thereto to
6the Board under oath within 20 days after the service on him or
7her of such notice and inform him or her that if he or she fails
8to file such answer, default will be taken against him or her
9and his or her license may be suspended, revoked, placed on
10probationary status, or have other disciplinary action,
11including limiting the scope, nature, or extent of his or her
12practice, as the Department may deem proper taken with regard
13thereto. Written or electronic notice may be served by personal
14delivery, email, or mail to the applicant or licensee at his or
15her address of record or email address of record. At the time
16and place fixed in the notice, the Department shall proceed to
17hear the charges and the parties or their counsel shall be
18accorded ample opportunity to present such statements,
19testimony, evidence, and argument as may be pertinent to the
20charges or to the defense thereto. The Department may continue
21such hearing from time to time. In case the applicant or
22licensee, after receiving notice, fails to file an answer, his
23or her license may in the discretion of the Secretary, having
24received first the recommendation of the Board, be suspended,
25revoked, or placed on probationary status or the Secretary may
26take whatever disciplinary action as he or she may deem proper,

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1including limiting the scope, nature, or extent of such
2person's practice, without a hearing, if the act or acts
3charged constitute sufficient grounds for such action under
4this Act. The Department may investigate the actions or
5qualifications of any applicant or person holding or claiming
6to hold a license. The Department shall, before suspending or
7revoking, placing on probation, reprimanding, or taking any
8other disciplinary action under Section 18.1 of this Act, at
9least 30 days before the date set for the hearing, notify the
10applicant or licensee in writing of the nature of the charges
11and that a hearing will be held on the date designated. The
12written notice may be served by personal delivery or certified
13or registered mail to the applicant or licensee at the address
14of record with the Department. The Department shall direct the
15applicant or licensee to file a written answer with the
16Department, under oath, within 20 days after the service of the
17notice, and inform the person that if he or she fails to file
18an answer, his or her license may be revoked, suspended, placed
19on probation, reprimanded, or the Department may take any other
20additional disciplinary action including the issuance of
21fines, not to exceed $10,000 for each violation, as the
22Department may consider necessary, without a hearing. At the
23time and place fixed in the notice, the Board shall proceed to
24hear the charges and the parties or their counsel. All parties
25shall be accorded an opportunity to present any statements,
26testimony, evidence, and arguments as may be pertinent to the

HB2957 Engrossed- 26 -LRB101 10809 AMC 55939 b
1charges or to their defense. The Board may continue the hearing
2from time to time.
3(Source: P.A. 96-730, eff. 8-25-09.)
4 (225 ILCS 315/20) (from Ch. 111, par. 8120)
5 (Section scheduled to be repealed on January 1, 2020)
6 Sec. 20. Record of proceedings; transcript. The
7Department, at its expense, shall preserve a record of all
8proceedings at the formal hearing of any case involving the
9refusal to restore, issue, or renew a license, or the
10discipline of a licensee. The notice of hearing, complaint, and
11all other documents in the nature of pleadings and written
12motions filed in the proceedings, the transcript of testimony,
13the report of the Board, and the orders of the Department shall
14be the record of the proceedings. The Department shall furnish
15a transcript of the record to any person interested in the
16hearing upon payment of the fee required under Section 2105-115
17of the Department of Professional Regulation Law (20 ILCS
182105/2105-115).
19(Source: P.A. 91-239, eff. 1-1-00.)
20 (225 ILCS 315/22) (from Ch. 111, par. 8122)
21 (Section scheduled to be repealed on January 1, 2020)
22 Sec. 22. Compelling testimony. Any court, upon the
23application of the Department, designated hearing officer, or
24the applicant or licensee against whom proceedings under

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1Section 18.1 of this Act are pending, may, enter an order
2requiring the attendance of witnesses and their testimony and
3the production of documents, papers, files, books, and records
4in connection with any hearing or investigation. The court may
5compel obedience to its order by proceedings for contempt.
6(Source: P.A. 88-363.)
7 (225 ILCS 315/22.1)
8 (Section scheduled to be repealed on January 1, 2020)
9 Sec. 22.1. Findings and recommendations. At the conclusion
10of the hearing, the Board shall present to the Secretary a
11written report of its findings of fact, conclusions of law, and
12recommendations. The report shall contain a finding whether the
13licensee violated this Act or failed to comply with the
14conditions required in this Act. The Board shall specify the
15nature of the violation or failure to comply, and shall make
16its recommendations to the Secretary.
17 The report of findings of fact, conclusions of law, and
18recommendation of the Board shall be the basis for the
19Department's order for refusal or for the granting of the
20license. If the Secretary disagrees with the recommendations of
21the Board, the Secretary may issue an order in contravention of
22the Board recommendations. The Secretary shall provide a
23written report to the Board on any disagreement and shall
24specify the reasons for the action in the final order. The
25findings are not admissible in evidence against the person in a

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1criminal prosecution for violation of this Act, but the hearing
2and findings are not a bar to a criminal prosecution for
3violation of this Act.
4(Source: P.A. 96-730, eff. 8-25-09.)
5 (225 ILCS 315/23) (from Ch. 111, par. 8123)
6 (Section scheduled to be repealed on January 1, 2020)
7 Sec. 23. Board; rehearing Rehearing. At the conclusion of
8the hearing, a copy of the Board's report shall be served upon
9the accused person, either personally or as provided in this
10Act for the service of the notice. Within 20 days after such
11service, the applicant or licensee may present to the
12Department a motion in writing for a rehearing which shall
13specify the particular grounds for rehearing. If no motion for
14a rehearing is filed, then upon the expiration of the time
15specified for filing such a motion, or if a motion for
16rehearing is denied, then upon the denial, the Secretary may
17enter any order in accordance with recommendations of the
18Board, except as provided in Section 120 of this Act. If the
19applicant or licensee requests and pays for a transcript of the
20record within the time for filing a motion for rehearing, the
2120-day period within which a motion may be filed shall commence
22upon the delivery of the transcript to the applicant or
23licensee.
24 If Whenever the Secretary is not satisfied that substantial
25justice has been done, he or she may order a rehearing by the

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1same or another special board. At the expiration of the time
2specified for filing a motion for a rehearing the Secretary has
3the right to take the action recommended by the Board.
4(Source: P.A. 96-730, eff. 8-25-09.)
5 (225 ILCS 315/24) (from Ch. 111, par. 8124)
6 (Section scheduled to be repealed on January 1, 2020)
7 Sec. 24. Appointment of a hearing officer. The Secretary
8has the authority to appoint any attorney licensed to practice
9law in the State of Illinois to serve as the hearing officer in
10any action for refusal to issue or renew a license or permit or
11to discipline a licensee. The Secretary shall notify the Board
12of any such appointment. The hearing officer has full authority
13to conduct the hearing. One At least one member of the Board
14may shall attend each hearing. The hearing officer shall report
15his or her findings of fact, conclusions of law and
16recommendations to the Board and the Secretary. The Board has
1760 days from receipt of the report to review it and present its
18findings of fact, conclusions of law and recommendations to the
19Secretary. If the Board fails to present its report within the
2060-day 60 day period, the Secretary shall issue an order based
21on the report of the hearing officer. If the Secretary
22disagrees with the recommendation of the Board or hearing
23officer, the Secretary may issue an order in contravention of
24the recommendation. The Secretary shall promptly provide a
25written explanation to the Board on any disagreement.

HB2957 Engrossed- 30 -LRB101 10809 AMC 55939 b
1(Source: P.A. 96-730, eff. 8-25-09.)
2 (225 ILCS 315/26) (from Ch. 111, par. 8126)
3 (Section scheduled to be repealed on January 1, 2020)
4 Sec. 26. Restoration of registration from discipline
5suspended or revoked license. At any time after the successful
6completion of a term of indefinite probation, suspension, or
7revocation of a registration, the Department may restore the
8registration to active status unless, after an investigation
9and a hearing, the Secretary determines that restoration is not
10in the public interest. No person whose registration has been
11revoked as authorized in this Act may apply for restoration of
12that registration until such time as provided for in the
13Department of Professional Regulation Law of the Civil
14Administrative Code of Illinois. At any time after the
15suspension or revocation of any license, the Department may
16restore it to the licensee upon the written recommendation of
17the Board, unless after an investigation and hearing the Board
18determines that restoration is not in the public interest.
19(Source: P.A. 88-363.)
20 (225 ILCS 315/27) (from Ch. 111, par. 8127)
21 (Section scheduled to be repealed on January 1, 2020)
22 Sec. 27. Surrender of certificate of registration license.
23Upon the revocation or suspension of a certificate of
24registration, the registrant shall immediately surrender the

HB2957 Engrossed- 31 -LRB101 10809 AMC 55939 b
1certificate of registration to the Department. If the
2registrant fails to do so, the Department shall have the right
3to seize the certificate of registration. Upon the revocation
4or suspension of any license, the licensee shall immediately
5surrender his or her license to the Department. If the licensee
6fails to do so, the Department has the right to seize the
7license.
8(Source: P.A. 88-363.)
9 (225 ILCS 315/28) (from Ch. 111, par. 8128)
10 (Section scheduled to be repealed on January 1, 2020)
11 Sec. 28. Summary suspension of a license. The Secretary may
12summarily suspend the registration of a landscape architect
13without a hearing, simultaneously with the institution of
14proceedings for a hearing provided for in Section 19, if the
15Secretary finds that evidence indicates that continuation in
16practice would constitute an imminent danger to the public. If
17the Secretary summarily suspends a registration without a
18hearing, a hearing by the Department shall be commenced within
1930 days after the suspension has occurred and shall be
20concluded as expeditiously as possible. The Secretary may
21summarily suspend the license of a landscape architect without
22a hearing, simultaneously with the institution of proceedings
23for a hearing provided for in Section 24 of this Act, if the
24Secretary finds that evidence in the possession of the
25Secretary indicates that the continuation in practice by the

HB2957 Engrossed- 32 -LRB101 10809 AMC 55939 b
1landscape architect would constitute an imminent danger to the
2public. In the event that the Secretary temporarily suspends
3the license of an individual without a hearing, a hearing must
4be held within 30 days after such suspension has occurred.
5(Source: P.A. 96-730, eff. 8-25-09.)
6 (225 ILCS 315/30) (from Ch. 111, par. 8130)
7 (Section scheduled to be repealed on January 1, 2020)
8 Sec. 30. Certification of record; costs. The Department
9shall not be required to certify a record to the court or file
10an answer in court or otherwise appear in a court in a judicial
11review proceeding, unless and until the Department has received
12from the plaintiff payment of the costs of furnishing and
13certifying the record, which costs shall be determined by the
14Department. Exhibits shall be certified without cost. Failure
15on the part of the plaintiff to file a receipt in court shall
16be grounds for dismissal of the action. The Department shall
17not be required to certify any record to the court or file an
18answer in court, or to otherwise appear in any court in a
19judicial review proceeding, unless there is filed in the court
20with the complaint a receipt from the Department acknowledging
21payment of the costs of furnishing and certifying the record.
22Failure on the part of the plaintiff to file such receipt in
23court shall be grounds for dismissal of the action.
24(Source: P.A. 88-363.)

HB2957 Engrossed- 33 -LRB101 10809 AMC 55939 b
1 (225 ILCS 315/31) (from Ch. 111, par. 8131)
2 (Section scheduled to be repealed on January 1, 2020)
3 Sec. 31. Illinois Administrative Procedure Act. The
4Illinois Administrative Procedure Act is hereby expressly
5adopted and incorporated herein as if all of the provisions of
6that Act were included in this Act, except that the provision
7of subsection (d) of Section 10-65 of the Illinois
8Administrative Procedure Act that provides that at hearings the
9licensee has the right to show compliance with all lawful
10requirements for retention, continuation or renewal of the
11license is specifically excluded. For the purposes of this Act,
12the notice required under Section 10-25 of the Illinois
13Administrative Procedure Act is deemed sufficient when mailed
14to the address of record of a party.
15(Source: P.A. 96-730, eff. 8-25-09.)
16 (225 ILCS 315/16 rep.)
17 Section 15. The Illinois Landscape Architecture Act of 1989
18is amended by repealing Section 16.
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