Bill Text: IL HB2957 | 2019-2020 | 101st General Assembly | Engrossed
Bill Title: Amends the Regulatory Sunset Act. Extends the repeal date of the Illinois Landscape Architecture Act of 1989 from January 1, 2020 to January 1, 2030. Effective immediately.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Engrossed - Dead) 2019-12-16 - Rule 19(b) / Re-referred to Rules Committee [HB2957 Detail]
Download: Illinois-2019-HB2957-Engrossed.html
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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
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4 | Section 5. The Regulatory Sunset Act is amended by changing | ||||||
5 | Section 4.30 and by adding Section 4.40 as follows:
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6 | (5 ILCS 80/4.30) | ||||||
7 | Sec. 4.30. Acts repealed on January 1, 2020. The following | ||||||
8 | Acts are repealed on January 1, 2020: | ||||||
9 | The Auction License Act. | ||||||
10 | The Community Association Manager Licensing and | ||||||
11 | Disciplinary 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.
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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; | ||||||
22 | 100-863, 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 Act repealed on January 1, 2030.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 | ||||||
3 | Act is repealed on January 1, 2030: | ||||||
4 | The Illinois Landscape Architecture Act of 1989.
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5 | Section 10. The Illinois Landscape Architecture Act of 1989 | ||||||
6 | is amended by changing Sections 2, 3, 4, 5, 6, 6.5, 7, 8, 9, 10, | ||||||
7 | 11, 11.5, 12, 15, 17, 18, 18.1, 19, 20, 22, 22.1, 23, 24, 26, | ||||||
8 | 27, 28, 30, and 31 and by adding Section 9.5 as follows:
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9 | (225 ILCS 315/2) (from Ch. 111, par. 8102)
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10 | (Section scheduled to be repealed on January 1, 2020)
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11 | Sec. 2. Short title Title . This Act may be cited as
the | ||||||
12 | Illinois Landscape Architecture Act of 1989.
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13 | (Source: P.A. 86-932; 86-1475 .)
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14 | (225 ILCS 315/3) (from Ch. 111, par. 8103)
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15 | (Section scheduled to be repealed on January 1, 2020)
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16 | Sec. 3. Definitions. As used in this Act:
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17 | (a) "Board" means the Illinois Landscape Architect | ||||||
18 | Registration Board.
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19 | (b) "Department" means the Illinois Department of | ||||||
20 | Financial and Professional Regulation.
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21 | (c) "Secretary" means the Secretary of Financial and | ||||||
22 | Professional Regulation.
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23 | (d) "Landscape architect Architect " or " landscape |
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1 | architect design professional Landscape Architect Design | ||||||
2 | Professional " means a person who, based on education,
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3 | experience, and examination in the field of landscape | ||||||
4 | architecture, is licensed under this Act.
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5 | (e) "Landscape architecture Architecture " means the art | ||||||
6 | and science of arranging land,
together with the spaces and | ||||||
7 | objects upon it, for the purpose of creating a
safe, efficient, | ||||||
8 | healthful, and aesthetically pleasing physical environment
for | ||||||
9 | human use and enjoyment, as performed by landscape architects.
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10 | (f) "Landscape architectural practice Architectural | ||||||
11 | Practice " means the offering or furnishing
of professional | ||||||
12 | services in connection with a landscape architecture
project | ||||||
13 | that do not require the seal of an architect, land surveyor, | ||||||
14 | professional engineer, or structural engineer. Such services | ||||||
15 | may include, but are not limited to, providing preliminary | ||||||
16 | studies;
developing design concepts; planning for the | ||||||
17 | relationships of physical
improvements and intended uses of the | ||||||
18 | site; establishing form and aesthetic
elements; analyzing and | ||||||
19 | providing for life safety requirements; developing
those | ||||||
20 | construction details on the site which are exclusive of any | ||||||
21 | building
or structure; preparing and coordinating technical | ||||||
22 | submissions; and
conducting site observation of a landscape | ||||||
23 | architecture project.
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24 | (g) "Person" means any person, sole proprietorship, or | ||||||
25 | entity such as a
partnership, limited liability company, | ||||||
26 | professional service corporation, or corporation.
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1 | (Source: P.A. 96-730, eff. 8-25-09.)
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2 | (225 ILCS 315/4) (from Ch. 111, par. 8104)
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3 | (Section scheduled to be repealed on January 1, 2020)
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4 | Sec. 4. Use of title. No person may represent
himself or | ||||||
5 | herself to be a landscape architect, use the title "landscape | ||||||
6 | architect",
"registered landscape architect", "licensed | ||||||
7 | landscape architect", "landscape architect design | ||||||
8 | professional", or any other title which includes the
words | ||||||
9 | "landscape architect" or "landscape architecture", unless | ||||||
10 | licensed under this Act.
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11 | (Source: P.A. 96-730, eff. 8-25-09.)
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12 | (225 ILCS 315/5) (from Ch. 111, par. 8105)
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13 | (Section scheduled to be repealed on January 1, 2020)
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14 | Sec. 5. Title protection. Practice without license. No | ||||||
15 | person shall hold himself or herself out as a landscape | ||||||
16 | architect without being so registered by the Department. This | ||||||
17 | is title protection and not licensure by the Department. | ||||||
18 | Nothing in this Act prevents any person from being engaged in
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19 | the practice of landscape architecture so long as he or she | ||||||
20 | does 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 | ||||||
24 | architecture design professional".
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1 | (Source: P.A. 96-730, eff. 8-25-09.)
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2 | (225 ILCS 315/6) (from Ch. 111, par. 8106)
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3 | (Section scheduled to be repealed on January 1, 2020)
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4 | Sec. 6. Issuance of certificate Certificate . If Whenever an | ||||||
5 | applicant for
licensure has complied with the provisions of | ||||||
6 | Section 11 of this Act ,
the Department shall issue a | ||||||
7 | certificate
of licensure to the applicant as a licensed | ||||||
8 | landscape architect subject
to the provisions of this Act.
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9 | (Source: P.A. 96-730, eff. 8-25-09.)
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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 | ||||||
14 | display his or her certificate of licensure in a conspicuous | ||||||
15 | place in his or her principal office. A certificate of | ||||||
16 | registration issued under this Act that is in good standing on | ||||||
17 | the effective date of this amendatory Act of the 96th General | ||||||
18 | Assembly shall be deemed to be a certificate of licensure and | ||||||
19 | the Department shall not be required to issue a new certificate | ||||||
20 | of licensure to replace it. | ||||||
21 | (b) Every landscape architect shall have a seal, approved | ||||||
22 | by the Department and the Board , which shall contain the name | ||||||
23 | of the landscape architect, the number of his or her license, | ||||||
24 | and the legend "Landscape Architect, State of Illinois" and |
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1 | other words or figures as the Department deems necessary. | ||||||
2 | Plans, specifications, and reports related to landscape | ||||||
3 | architectural practice and prepared by the landscape | ||||||
4 | architect, or under his or her supervision, shall be stamped | ||||||
5 | with his or her seal when filed. Notwithstanding the | ||||||
6 | requirements of this Section, an architect, land surveyor, | ||||||
7 | professional engineer, or structural engineer shall be | ||||||
8 | permitted to affix his or her professional seal or stamp to any | ||||||
9 | plans, specifications, and reports prepared by or under his or | ||||||
10 | her responsible control in connection with the incidental | ||||||
11 | practice of landscape architecture. | ||||||
12 | (c) A landscape architect who endorses a document with his | ||||||
13 | or her seal while his or her license is suspended, expired, or | ||||||
14 | has been revoked, who has been placed on probation or inactive | ||||||
15 | status, or who endorses a document that the landscape architect | ||||||
16 | did not actually prepare or supervise the preparation of, is | ||||||
17 | subject to the penalties prescribed in Section 18.1.
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18 | (Source: P.A. 96-730, eff. 8-25-09.)
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19 | (225 ILCS 315/7) (from Ch. 111, par. 8107)
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20 | (Section scheduled to be repealed on January 1, 2020)
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21 | Sec. 7. Address of record; email address of record Record . | ||||||
22 | Every landscape
architect shall maintain a current address and | ||||||
23 | email address with the Department.
It is the duty of every | ||||||
24 | applicant and or licensee to inform the Department of any | ||||||
25 | change of address or email address , and such changes must be |
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1 | made either through the Department's website or by directly | ||||||
2 | contacting the Department.
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3 | (Source: P.A. 96-730, eff. 8-25-09.)
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4 | (225 ILCS 315/8) (from Ch. 111, par. 8108)
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5 | (Section scheduled to be repealed on January 1, 2020)
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6 | Sec. 8. Powers and duties Duties of the Department.
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7 | (a) The Department shall exercise the powers and duties | ||||||
8 | prescribed by the
Civil Administrative Code of Illinois for the | ||||||
9 | administration of licensing
acts and shall exercise such other | ||||||
10 | powers and duties vested by this Act.
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11 | (b) The Department shall promulgate rules and regulations | ||||||
12 | consistent
with the provisions of this Act for the | ||||||
13 | administration and enforcement
thereof which shall include | ||||||
14 | standards and criteria for licensure and
for the payment of | ||||||
15 | fees connected therewith.
The Department shall prescribe forms | ||||||
16 | required for the administration of this Act.
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17 | (c) The Department shall consult the Landscape | ||||||
18 | Architecture Board in
promulgating rules and
regulations . | ||||||
19 | Notice of proposed rulemaking shall be transmitted to the
Board | ||||||
20 | and the Department shall review the Board's response and any
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21 | recommendations made therein. The Department shall notify the | ||||||
22 | Board in
writing of the explanation for any deviations from the | ||||||
23 | Board's
recommendations and response.
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24 | (d) The Department may at any time seek the advice and the | ||||||
25 | expert
knowledge of the Board on any matter relating to the |
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1 | administration of this Act.
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2 | (e) (Blank). The Department shall issue a quarterly report | ||||||
3 | to the Board setting
forth the status of all complaints | ||||||
4 | received by the Department related to
landscape architectural | ||||||
5 | practice.
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6 | (f) The Department shall maintain membership and | ||||||
7 | representation in the national body composed of state licensing | ||||||
8 | and testing boards for landscape architects. | ||||||
9 | (Source: P.A. 96-730, eff. 8-25-09.)
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10 | (225 ILCS 315/9) (from Ch. 111, par. 8109)
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11 | (Section scheduled to be repealed on January 1, 2020)
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12 | Sec. 9. Composition, qualification, and terms of Board.
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13 | (a) The Secretary shall appoint a Board consisting of 5 | ||||||
14 | persons
who are residents of the State of Illinois and who | ||||||
15 | shall be appointed by
and shall serve in an advisory capacity | ||||||
16 | to the Secretary. Four persons
shall be individuals experienced | ||||||
17 | in landscape architectural work who would
qualify upon | ||||||
18 | application to the Department under the provisions of this Act
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19 | to be licensed landscape architects, one of whom shall be a | ||||||
20 | tenured member
of the landscape architecture faculty of a | ||||||
21 | university located within this State that maintains an | ||||||
22 | accredited school of landscape architecture and 3
of whom shall | ||||||
23 | have engaged in landscape architectural work for at least 5
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24 | years. The fifth person shall be a public member, not an | ||||||
25 | employee of the
State of Illinois, who is not licensed or |
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1 | registered under this Act or a similar Act of
another | ||||||
2 | jurisdiction. The public member may not be elected or appointed | ||||||
3 | as
chairperson chairman of the Board or serve in such capacity | ||||||
4 | in any other manner.
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5 | (b) Members of the Board shall serve 5-year 5 year terms | ||||||
6 | and until their
successors are appointed and qualified. No | ||||||
7 | member shall be
reappointed to the Board for a term which would | ||||||
8 | cause that member's
cumulative service on the Board to be | ||||||
9 | longer than 10 years.
No member who is an initial appointment | ||||||
10 | to the Board shall be reappointed
to the Board for a term which | ||||||
11 | would cause that member's cumulative service
on the Board to be | ||||||
12 | longer than 13 years. Appointments
to fill vacancies shall be | ||||||
13 | made in the same manner as original appointments
for the | ||||||
14 | unexpired portion of the vacated term. Initial terms shall | ||||||
15 | begin
upon the effective date of this Act.
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16 | (c) The Secretary may remove any member of the Board for | ||||||
17 | cause, which may
include without limitation a member who does | ||||||
18 | not attend 2 consecutive
meetings.
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19 | (d) The Secretary shall consider the recommendations of the | ||||||
20 | Board on
questions involving standards of professional | ||||||
21 | conduct, discipline, and
qualifications of applicants and | ||||||
22 | licensees under this Act.
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23 | (e) Three members of the Board shall constitute a quorum. A | ||||||
24 | quorum is required for Board decisions.
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25 | (f) The Board shall annually elect a chairperson and vice | ||||||
26 | chairperson, both
of whom shall be licensed landscape |
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1 | architects.
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2 | (Source: P.A. 96-730, eff. 8-25-09.)
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3 | (225 ILCS 315/9.5 new) | ||||||
4 | Sec. 9.5. Board immunity. Members of the Board shall have | ||||||
5 | no liability in an action based upon disciplinary proceeding or | ||||||
6 | other activity performed in good faith as a member of the | ||||||
7 | Board.
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8 | (225 ILCS 315/10) (from Ch. 111, par. 8110)
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9 | (Section scheduled to be repealed on January 1, 2020)
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10 | Sec. 10. Application for registration Registration . An | ||||||
11 | application for
registration shall be made to the Department in | ||||||
12 | writing on forms or electronically as prescribed
by the | ||||||
13 | Department and shall be accompanied by the required fee, which | ||||||
14 | is not refundable shall
not be returnable . The application | ||||||
15 | shall require such information as, in
the judgment of the | ||||||
16 | Department, will enable the Department to pass on the
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17 | qualifications of the applicant for registration.
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18 | (Source: P.A. 86-932 .)
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19 | (225 ILCS 315/11) (from Ch. 111, par. 8111)
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20 | (Section scheduled to be repealed on January 1, 2020)
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21 | Sec. 11. Licensure qualifications Qualifications .
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22 | (a) Every person applying to the Department for licensure | ||||||
23 | shall do so
on forms approved by the Department and shall pay |
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1 | the required fee. Every
person applying to the Department for | ||||||
2 | licensure
shall submit, with his or her application, | ||||||
3 | satisfactory evidence that the person
holds an approved | ||||||
4 | professional degree in landscape architecture from an
approved | ||||||
5 | and accredited program, as such terms are defined by the rules | ||||||
6 | and
regulations of the Department, and that he or she has had | ||||||
7 | such practical
experience in landscape architectural work as | ||||||
8 | shall be required by the
rules and regulations of the | ||||||
9 | Department. Every applicant for initial licensure
must have an
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10 | approved professional degree.
If an applicant is qualified the | ||||||
11 | Department shall,
by means of a written examination, examine | ||||||
12 | the applicant on such technical
and professional subjects as | ||||||
13 | shall be required by the rules and regulations
of the | ||||||
14 | Department.
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15 | (b) The Department may exempt from such written examination | ||||||
16 | an applicant
who holds a certificate of qualification issued by | ||||||
17 | the National Council of
Landscape Architecture Registration | ||||||
18 | Boards, or who holds a registration or license in
another state | ||||||
19 | or U.S. jurisdiction which has equivalent or substantially | ||||||
20 | equivalent requirements
as the State of Illinois.
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21 | (c) The Department shall adopt rules determining | ||||||
22 | requirements for practical training and
education. The | ||||||
23 | Department may also adopt the examinations and recommended
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24 | grading procedures of the National
Council of Landscape | ||||||
25 | Architectural Registration Boards and the
accreditation | ||||||
26 | procedures of the Landscape Architectural Accrediting Board.
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1 | The Department shall issue a certificate of licensure to each | ||||||
2 | applicant who satisfies
the requirements set forth in this | ||||||
3 | Section. Such licensure shall be
effective upon issuance.
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4 | (d) If an applicant neglects, fails without an approved | ||||||
5 | excuse, or
refuses to take an examination or fails to pass an | ||||||
6 | examination to obtain a
certificate of licensure under this Act | ||||||
7 | within 3 years after filing the
application, the application | ||||||
8 | shall be denied. However, such applicant may
thereafter submit | ||||||
9 | a new application accompanied by the required fee.
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10 | (e) For a period of 2 years after the effective date of | ||||||
11 | this amendatory Act of the 96th General Assembly, persons | ||||||
12 | demonstrating to the Department that they have been engaged in | ||||||
13 | landscape architectural practice for a period of 10 years and | ||||||
14 | have an accredited degree and license in urban or regional | ||||||
15 | planning, architecture, or civil engineering are eligible to | ||||||
16 | achieve licensure through examination.
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17 | (Source: P.A. 96-730, eff. 8-25-09.)
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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 | ||||||
22 | architect is liable for his or her negligent or willful acts, | ||||||
23 | errors, and omissions and any shareholder, member, or partner | ||||||
24 | of any entity that provides landscape architecture services | ||||||
25 | through an individual licensed under this Act is liable for the |
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1 | negligent or willful acts, errors, and omissions of the | ||||||
2 | employees, members, and partners of the entity. Eligible claims | ||||||
3 | of liability may be covered under a qualifying policy of | ||||||
4 | professional 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 | ||||||
7 | insurance must insure an individual or entity against liability | ||||||
8 | imposed upon it by law for damages arising out of the negligent | ||||||
9 | acts, errors, and omissions of the individual or of the | ||||||
10 | licensed and unlicensed employees, members, and partners of the | ||||||
11 | entity.
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. | ||||||
3 | The policy may include any other reasonable provisions with | ||||||
4 | respect to policy periods, territory, claims, conditions, and | ||||||
5 | ministerial matters.
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6 | (Source: P.A. 96-730, eff. 8-25-09.)
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7 | (225 ILCS 315/12) (from Ch. 111, par. 8112)
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8 | (Section scheduled to be repealed on January 1, 2020)
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9 | Sec. 12. Registration ; renewal; restoration , Renewal, | ||||||
10 | Restoration .
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11 | (a) The expiration date and renewal period for each | ||||||
12 | registration issued
under this Act shall be prescribed by the | ||||||
13 | rules and regulations of the Department.
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14 | (b) Any person who has permitted his or her registration to | ||||||
15 | expire or who has
had his or her registration on inactive | ||||||
16 | status may have his or her registration restored
by applying to | ||||||
17 | the Department, filing proof acceptable to the
Department of | ||||||
18 | his or her fitness to have the registration restored, which may
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19 | include sworn evidence certifying to active practice in another
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20 | jurisdiction satisfactory to the Department and paying the | ||||||
21 | required restoration fee.
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22 | (c) If the person has not maintained an active practice in | ||||||
23 | another
jurisdiction satisfactory to the Department, the Board | ||||||
24 | shall
determine, by an evaluation program established by rule, | ||||||
25 | the person's
fitness to resume active status and may
require |
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1 | the successful completion of an examination.
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2 | (d) However, any person whose registration has expired | ||||||
3 | while he or she has been
engaged: (1) in Federal Service on | ||||||
4 | active duty with the Armed Forces of the
United States or the | ||||||
5 | State Militia called into service or training; or (2)
in | ||||||
6 | training or education under the supervision of the United | ||||||
7 | States
preliminary to induction into the military service, may | ||||||
8 | have his or her
registration renewed or restored without paying | ||||||
9 | any lapsed renewal fees if,
within 2 years after termination of | ||||||
10 | such service, training or education
other than by dishonorable | ||||||
11 | discharge, he or she furnishes the Department with
satisfactory | ||||||
12 | evidence to the effect that he or she has been so engaged and | ||||||
13 | that
the service, training , or education has been so | ||||||
14 | terminated.
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15 | (e) Each application for renewal shall contain the | ||||||
16 | signature of the landscape architect. The signature may be | ||||||
17 | written or electronically affixed.
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18 | (Source: P.A. 86-932 .)
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19 | (225 ILCS 315/15) (from Ch. 111, par. 8115)
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20 | (Section scheduled to be repealed on January 1, 2020)
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21 | Sec. 15. Disposition of funds. All of the fees collected | ||||||
22 | pursuant
to this Act shall be deposited into in the General | ||||||
23 | Professions Dedicated Fund.
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24 | On January 1, 2000 the State Comptroller shall transfer the | ||||||
25 | balance of the
monies in the Landscape Architects' |
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1 | Administration and Investigation Fund into
the General | ||||||
2 | Professions Dedicated Fund. Amounts appropriated for fiscal | ||||||
3 | year
2000 out of the Landscape Architects' Administration and | ||||||
4 | Investigation Fund may
be paid out of the General Professions | ||||||
5 | Dedicated Fund.
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6 | The moneys monies deposited into in the General Professions | ||||||
7 | Dedicated
Fund may be used for the expenses of the Department | ||||||
8 | in the
administration of this Act.
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9 | Moneys from the Fund may also be used for direct and | ||||||
10 | allocable indirect
costs related to the public purposes of the | ||||||
11 | Department of Financial and Professional
Regulation. Moneys in | ||||||
12 | the Fund may be transferred to the Professions
Indirect Cost | ||||||
13 | Fund as authorized by Section 2105-300 of the Department
of | ||||||
14 | Professional Regulation Law of the Civil Administrative Code of | ||||||
15 | Illinois (20 ILCS 2105/2105-300) .
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16 | (Source: P.A. 96-730, eff. 8-25-09.)
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17 | (225 ILCS 315/17) (from Ch. 111, par. 8117)
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18 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
19 | Sec. 17. Advertising. Any person licensed under this Act | ||||||
20 | may
advertise the availability of professional services in the | ||||||
21 | public media or
on the premises where such professional | ||||||
22 | services are rendered if the provided that
such advertising is | ||||||
23 | truthful and not misleading.
| ||||||
24 | (Source: P.A. 96-730, eff. 8-25-09.)
|
| |||||||
| |||||||
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 | ||||||
5 | Secretary may, in the name of the People of the
State of | ||||||
6 | Illinois, through the Attorney General of the State of Illinois
| ||||||
7 | or the State's Attorney of any county in which the action is | ||||||
8 | brought, petition
for an order enjoining such violation and for | ||||||
9 | an order enforcing compliance
with this Act. Upon the filing of | ||||||
10 | a verified petition in court, the court
may issue a temporary | ||||||
11 | restraining order, without notice or bond, and may
| ||||||
12 | preliminarily and permanently enjoin
such violation. If it is | ||||||
13 | established that such person has violated or
is violating the | ||||||
14 | injunction, the court Court may punish the offender for | ||||||
15 | contempt
of court. Proceedings under this Section shall be in | ||||||
16 | addition to, and not
in lieu of, all other remedies and | ||||||
17 | penalties provided in by this Act.
| ||||||
18 | (b) (Blank). If any person shall hold himself or herself | ||||||
19 | out as a "landscape architect", "licensed landscape | ||||||
20 | architect", or
"registered landscape architect", or use any | ||||||
21 | other title that includes the words "landscape architect" or | ||||||
22 | "landscape architecture" without being licensed under the
| ||||||
23 | provisions of this Act, then any licensed landscape architect, | ||||||
24 | any
interested party or any person injured thereby may, in | ||||||
25 | addition to the Secretary, petition for relief as provided in | ||||||
26 | subsection (a) of this Section.
|
| |||||||
| |||||||
1 | (c) Whoever holds himself or herself out as a "landscape | ||||||
2 | architect", "licensed landscape architect", or "registered
| ||||||
3 | landscape architect", or uses any other title that includes the | ||||||
4 | words "landscape architect" or "landscape architecture"
in | ||||||
5 | this State without being licensed under this Act shall be | ||||||
6 | guilty of
a Class A misdemeanor, and for each subsequent | ||||||
7 | conviction shall be guilty
of a Class 4 felony.
| ||||||
8 | (d) If Whenever , in the opinion of the Department, a person | ||||||
9 | violates any
provision of this Act, the Department may issue a | ||||||
10 | rule to show cause why an
order to cease and desist should not | ||||||
11 | be entered against that person. The rule
shall clearly set | ||||||
12 | forth the grounds relied upon by the Department and shall
allow | ||||||
13 | the person at least 7 days from the date of the rule to file an | ||||||
14 | answer
that is satisfactory
to the Department. Failure to | ||||||
15 | answer to the satisfaction of the Department
shall cause an | ||||||
16 | order 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 | ||||||
22 | revoke, suspend, place
on probation, reprimand, or take other | ||||||
23 | disciplinary or non-disciplinary action as deemed appropriate | ||||||
24 | including the imposition impositions of fines not to exceed | ||||||
25 | $10,000 for
each violation, as the Department may deem proper |
| |||||||
| |||||||
1 | with regard to any license for any one or a combination of the
| ||||||
2 | following:
| ||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
1 | to involuntary
admission or judicial admission as provided in | ||||||
2 | the Mental Health and
Developmental Disabilities Code will | ||||||
3 | result in an automatic suspension of his
or her license. The | ||||||
4 | suspension will end upon a finding by a court that the
licensee | ||||||
5 | is no longer subject to involuntary admission or judicial | ||||||
6 | admission,
the issuance of an order so finding and discharging | ||||||
7 | the patient, and the
recommendation of the Board to the | ||||||
8 | Secretary that the licensee be allowed to
resume professional | ||||||
9 | practice.
| ||||||
10 | (d) In enforcing this Section, the Board, upon a showing of | ||||||
11 | a possible
violation, may compel a person licensed under this | ||||||
12 | Act or who has
applied for licensure pursuant to this Act to | ||||||
13 | submit to a
mental or physical examination, or both, as | ||||||
14 | required by and at the expense of
the Department. The examining | ||||||
15 | physicians shall be those specifically
designated by the Board. | ||||||
16 | The Board or the Department may order the examining
physician | ||||||
17 | to present testimony concerning this mental or physical | ||||||
18 | examination
of the licensee or applicant. No information shall | ||||||
19 | be excluded by reason of
any common law or statutory privilege | ||||||
20 | relating to communications between the licensee
or applicant | ||||||
21 | and the examining physician. The person to be
examined
may
| ||||||
22 | have, at his or her own expense, another physician of his or | ||||||
23 | her choice present
during all aspects of the examination. | ||||||
24 | Failure of any person to submit to a
mental or physical | ||||||
25 | examination when directed shall be grounds for suspension
of a | ||||||
26 | license until the person submits to the examination if the |
| |||||||
| |||||||
1 | Board
finds,
after notice and hearing, that the refusal to | ||||||
2 | submit to the examination was
without reasonable cause.
| ||||||
3 | If the Board finds a person unable to practice because of | ||||||
4 | the reasons set
forth in this Section, the Board may require | ||||||
5 | that person to submit to care,
counseling, or treatment by | ||||||
6 | physicians approved or designated by the Board as
a condition, | ||||||
7 | term, or restriction for continued, reinstated, or renewed | ||||||
8 | licensure; or, in lieu of care, counseling, or treatment, the | ||||||
9 | Board
may recommend that the Department file a complaint to | ||||||
10 | immediately suspend,
revoke, or otherwise discipline the | ||||||
11 | license of the person. Any person
whose license
was granted, | ||||||
12 | continued, reinstated, renewed, disciplined, or
supervised
| ||||||
13 | subject to such terms, conditions, or restrictions and who | ||||||
14 | fails to comply
with such terms, conditions, or restrictions | ||||||
15 | shall be referred to the Secretary
for a determination as to | ||||||
16 | whether the person shall have his or her license
suspended | ||||||
17 | immediately, 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 | ||||||
22 | Department may investigate the actions of any applicant or of | ||||||
23 | any person or persons holding or claiming to hold a license. | ||||||
24 | The Department shall, before suspending, revoking, placing on | ||||||
25 | probationary status, or taking any other disciplinary action as |
| |||||||
| |||||||
1 | the Department may deem proper with regard to any license, at | ||||||
2 | least 30 days prior to the date set for the hearing, notify the | ||||||
3 | applicant or licensee in writing of any charges made and the | ||||||
4 | time and place for a hearing of the charges before the Board, | ||||||
5 | direct him or her to file his or her written answer thereto to | ||||||
6 | the Board under oath within 20 days after the service on him or | ||||||
7 | her of such notice and inform him or her that if he or she fails | ||||||
8 | to file such answer, default will be taken against him or her | ||||||
9 | and his or her license may be suspended, revoked, placed on | ||||||
10 | probationary status, or have other disciplinary action, | ||||||
11 | including limiting the scope, nature, or extent of his or her | ||||||
12 | practice, as the Department may deem proper taken with regard | ||||||
13 | thereto. Written or electronic notice may be served by personal | ||||||
14 | delivery, email, or mail to the applicant or licensee at his or | ||||||
15 | her address of record or email address of record. At the time | ||||||
16 | and place fixed in the notice, the Department shall proceed to | ||||||
17 | hear the charges and the parties or their counsel shall be | ||||||
18 | accorded ample opportunity to present such statements, | ||||||
19 | testimony, evidence, and argument as may be pertinent to the | ||||||
20 | charges or to the defense thereto. The Department may continue | ||||||
21 | such hearing from time to time. In case the applicant or | ||||||
22 | licensee, after receiving notice, fails to file an answer, his | ||||||
23 | or her license may in the discretion of the Secretary, having | ||||||
24 | received first the recommendation of the Board, be suspended, | ||||||
25 | revoked, or placed on probationary status or the Secretary may | ||||||
26 | take whatever disciplinary action as he or she may deem proper, |
| |||||||
| |||||||
1 | including limiting the scope, nature, or extent of such | ||||||
2 | person's practice, without a hearing, if the act or acts | ||||||
3 | charged constitute sufficient grounds for such action under | ||||||
4 | this Act. The Department may
investigate the actions or | ||||||
5 | qualifications of any applicant or person
holding or claiming | ||||||
6 | to hold a license. The Department
shall, before suspending or | ||||||
7 | revoking, placing on probation, reprimanding, or
taking any | ||||||
8 | other disciplinary action under Section 18.1 of this Act, at
| ||||||
9 | least 30 days before the
date set for the hearing, notify the | ||||||
10 | applicant or licensee in writing
of the nature of the
charges
| ||||||
11 | and that a hearing will be held on the date designated. The
| ||||||
12 | written
notice may be served by personal delivery or certified | ||||||
13 | or registered mail
to the
applicant or licensee at the address | ||||||
14 | of record with the Department.
The Department shall direct the | ||||||
15 | applicant or licensee to file a written
answer with
the | ||||||
16 | Department, under oath, within 20 days after the service of the | ||||||
17 | notice, and
inform the person that if he or she fails to file | ||||||
18 | an answer, his or her license
may be revoked, suspended, placed | ||||||
19 | on probation, reprimanded, or the Department
may take any other | ||||||
20 | additional disciplinary action including the issuance of
| ||||||
21 | fines, not to exceed $10,000 for each violation, as the | ||||||
22 | Department may consider
necessary, without a hearing. At the | ||||||
23 | time and place fixed in the notice, the
Board shall proceed to | ||||||
24 | hear the charges and the parties or their counsel. All
parties | ||||||
25 | shall
be accorded an opportunity to present any statements, | ||||||
26 | testimony, evidence,
and arguments as may be pertinent to the |
| |||||||
| |||||||
1 | charges or to their defense. The
Board may continue the hearing | ||||||
2 | from 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 | ||||||
7 | Department, at its
expense, shall preserve a record of all | ||||||
8 | proceedings at the formal hearing
of any case involving the | ||||||
9 | refusal to restore, issue , or renew a license, or
the | ||||||
10 | discipline of a licensee.
The notice of hearing, complaint , and | ||||||
11 | all other documents in the nature of
pleadings and written | ||||||
12 | motions filed in the proceedings, the transcript of
testimony, | ||||||
13 | the report of the Board , and the orders of the Department shall
| ||||||
14 | be the record of the proceedings. The Department shall furnish | ||||||
15 | a
transcript of the record to any person interested in the | ||||||
16 | hearing upon
payment of the fee required under Section 2105-115 | ||||||
17 | of the
Department of Professional Regulation Law (20 ILCS | ||||||
18 | 2105/2105-115).
| ||||||
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 | ||||||
23 | application of the
Department, designated hearing officer, or | ||||||
24 | the applicant or licensee against
whom proceedings under |
| |||||||
| |||||||
1 | Section 18.1 of this Act are pending, may, enter an
order | ||||||
2 | requiring the attendance of
witnesses and their testimony
and | ||||||
3 | the production of documents, papers, files, books, and records | ||||||
4 | in
connection with any hearing or investigation. The court
may | ||||||
5 | compel 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 | ||||||
10 | of the
hearing, the Board shall present to the Secretary a | ||||||
11 | written report of its
findings of fact, conclusions of law, and | ||||||
12 | recommendations. The report shall
contain a finding whether the | ||||||
13 | licensee violated this Act or failed to comply
with the | ||||||
14 | conditions required in this Act. The Board shall specify the | ||||||
15 | nature
of the violation or failure to comply, and shall make | ||||||
16 | its recommendations to
the Secretary.
| ||||||
17 | The report of findings of fact, conclusions of law, and | ||||||
18 | recommendation of the
Board shall be the basis for the | ||||||
19 | Department's order for refusal or for the
granting of the | ||||||
20 | license. If the Secretary disagrees with the recommendations of
| ||||||
21 | the Board, the Secretary may issue an order in contravention of | ||||||
22 | the Board
recommendations. The Secretary shall provide a | ||||||
23 | written report to the Board on
any disagreement and shall | ||||||
24 | specify the reasons for the action in the final
order. The | ||||||
25 | findings are not admissible in evidence against the person in a
|
| |||||||
| |||||||
1 | criminal prosecution for violation of this Act, but the hearing | ||||||
2 | and
findings are not a bar to a criminal prosecution for | ||||||
3 | violation 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
| ||||||
8 | the hearing, a
copy of the Board's report shall be served upon | ||||||
9 | the accused
person, either
personally or as provided in this | ||||||
10 | Act for
the service of the notice. Within 20 days after such | ||||||
11 | service, the
applicant or licensee may present to the | ||||||
12 | Department
a motion in writing for a
rehearing which shall | ||||||
13 | specify the particular grounds for rehearing. If no motion for | ||||||
14 | a rehearing is filed, then upon the
expiration of the time | ||||||
15 | specified for filing such a motion, or if a motion for
| ||||||
16 | rehearing is denied, then upon the denial, the Secretary may | ||||||
17 | enter any order in
accordance with recommendations of the | ||||||
18 | Board, except as provided in Section 120
of this Act. If the | ||||||
19 | applicant or licensee requests and pays for a transcript
of the | ||||||
20 | record within the time for filing a motion for rehearing, the | ||||||
21 | 20-day
period within which a motion may be filed shall commence | ||||||
22 | upon the delivery of
the transcript to the applicant or | ||||||
23 | licensee.
| ||||||
24 | If Whenever the Secretary is not satisfied that substantial | ||||||
25 | justice has been
done, he or she may order a rehearing by the |
| |||||||
| |||||||
1 | same or another special board. At
the expiration of the time | ||||||
2 | specified for filing a motion for a rehearing
the Secretary has | ||||||
3 | the 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 | ||||||
8 | has the authority to appoint
any attorney licensed to practice | ||||||
9 | law in the State of Illinois to
serve as the hearing officer in | ||||||
10 | any action
for refusal to issue or renew a license or permit or | ||||||
11 | to discipline a
licensee. The Secretary shall notify the Board | ||||||
12 | of any such appointment. The
hearing
officer has full authority | ||||||
13 | to conduct the hearing. One At least one member of
the Board | ||||||
14 | may shall attend each hearing. The hearing officer shall report | ||||||
15 | his or her findings of
fact, conclusions of law and | ||||||
16 | recommendations to the Board and the Secretary.
The Board has | ||||||
17 | 60 days from receipt of the report to review
it and present its | ||||||
18 | findings of fact,
conclusions of law and recommendations to the | ||||||
19 | Secretary. If the Board fails
to present its report within the | ||||||
20 | 60-day 60 day period, the Secretary shall issue an
order based | ||||||
21 | on the report of the hearing officer. If the Secretary
| ||||||
22 | disagrees with the recommendation of the Board
or hearing | ||||||
23 | officer, the Secretary
may issue an order in contravention of | ||||||
24 | the recommendation. The Secretary
shall promptly provide a
| ||||||
25 | written explanation to the Board on any disagreement.
|
| |||||||
| |||||||
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 | ||||||
5 | suspended or revoked license . At any time after the successful | ||||||
6 | completion of a term of indefinite probation, suspension, or | ||||||
7 | revocation of a registration, the Department may restore the | ||||||
8 | registration to active status unless, after an investigation | ||||||
9 | and a hearing, the Secretary determines that restoration is not | ||||||
10 | in the public interest. No person whose registration has been | ||||||
11 | revoked as authorized in this Act may apply for restoration of | ||||||
12 | that registration until such time as provided for in the | ||||||
13 | Department of Professional Regulation Law of the Civil | ||||||
14 | Administrative Code of Illinois. At any time after the
| ||||||
15 | suspension or revocation of any license, the
Department may | ||||||
16 | restore it to the licensee
upon the written recommendation of | ||||||
17 | the Board, unless after an investigation
and hearing the Board | ||||||
18 | determines 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 . | ||||||
23 | Upon the revocation or suspension of a certificate of | ||||||
24 | registration, the registrant shall immediately surrender the |
| |||||||
| |||||||
1 | certificate of registration to the Department. If the | ||||||
2 | registrant fails to do so, the Department shall have the right | ||||||
3 | to seize the certificate of registration. Upon the revocation | ||||||
4 | or suspension
of any license, the licensee shall immediately | ||||||
5 | surrender his or her
license to the Department. If the licensee | ||||||
6 | fails to do so, the
Department has the right to seize the | ||||||
7 | license.
| ||||||
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 | ||||||
12 | summarily suspend the registration of a landscape architect | ||||||
13 | without a hearing, simultaneously with the institution of | ||||||
14 | proceedings for a hearing provided for in Section 19, if the | ||||||
15 | Secretary finds that evidence indicates that continuation in | ||||||
16 | practice would constitute an imminent danger to the public. If | ||||||
17 | the Secretary summarily suspends a registration without a | ||||||
18 | hearing, a hearing by the Department shall be commenced within | ||||||
19 | 30 days after the suspension has occurred and shall be | ||||||
20 | concluded as expeditiously as possible. The Secretary
may
| ||||||
21 | summarily suspend the license of a landscape
architect without | ||||||
22 | a hearing,
simultaneously with the institution of proceedings | ||||||
23 | for a hearing provided
for in Section 24 of this Act , if the | ||||||
24 | Secretary finds that evidence in the
possession of the | ||||||
25 | Secretary indicates that the
continuation in practice by the |
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1 | landscape architect would
constitute an imminent danger to the | ||||||
2 | public. In the event that the Secretary
temporarily suspends | ||||||
3 | the license of an individual
without a
hearing, a hearing must | ||||||
4 | be 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 | ||||||
9 | shall not be required to certify a record to the court or file | ||||||
10 | an answer in court or otherwise appear in a court in a judicial | ||||||
11 | review proceeding, unless and until the Department has received | ||||||
12 | from the plaintiff payment of the costs of furnishing and | ||||||
13 | certifying the record, which costs shall be determined by the | ||||||
14 | Department. Exhibits shall be certified without cost. Failure | ||||||
15 | on the part of the plaintiff to file a receipt in court shall | ||||||
16 | be grounds for dismissal of the action. The Department shall | ||||||
17 | not be
required to certify any
record to the court or file an | ||||||
18 | answer in court, or to
otherwise appear in any
court in a | ||||||
19 | judicial review proceeding, unless there is filed in the court | ||||||
20 | with
the
complaint a receipt from the Department acknowledging | ||||||
21 | payment of the costs
of furnishing and certifying the record. | ||||||
22 | Failure on the part of the
plaintiff to file such receipt in | ||||||
23 | court shall be grounds for dismissal of the
action.
| ||||||
24 | (Source: P.A. 88-363 .)
|
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| |||||||
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 | ||||||
4 | Illinois Administrative
Procedure Act is hereby expressly | ||||||
5 | adopted and incorporated herein as if all of
the provisions of | ||||||
6 | that Act were included in this Act, except that the provision
| ||||||
7 | of subsection (d) of Section 10-65 of the Illinois | ||||||
8 | Administrative Procedure Act
that provides that at hearings the | ||||||
9 | licensee has the right to show compliance
with all lawful | ||||||
10 | requirements for retention, continuation or renewal of the
| ||||||
11 | license is specifically excluded. For the purposes of this Act , | ||||||
12 | the notice
required under Section 10-25 of the Illinois | ||||||
13 | Administrative Procedure Act is
deemed sufficient when mailed | ||||||
14 | to 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 | ||||||
18 | is amended by repealing Section 16.
|