Bill Text: IL HB4894 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Mobile Home Park Act, the Illinois Plumbing License Law, the Private Sewage Disposal Licensing Act, the Nursing Home Care Act, the MC/DD Act, the ID/DD Community Care Act, the Commercial and Public Building Asbestos Abatement Act, the Lead Poisoning Prevention Act, the Structural Pest Control Act, the Swimming Facility Act, the Ambulatory Surgical Treatment Center Act, and the Hospital Licensing Act. Provides that the procedures governing hearings authorized under the Acts shall be in accordance with rules adopted by the Department of Public Health. Requires a full and complete record to be kept of all contested proceedings by the Department. Removes language requiring the Department, at its expense, to provide a stenographer to take the testimony, or otherwise record the testimony, and preserve a record of proceedings. Makes other changes. Effective January 1, 2021.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-06-23 - Rule 19(b) / Re-referred to Rules Committee [HB4894 Detail]

Download: Illinois-2019-HB4894-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB4894 Introduced , by Rep. Bob Morgan SYNOPSIS AS INTRODUCED:
210 ILCS 5/10g from Ch. 111 1/2, par. 157-8.10g
210 ILCS 45/3-711 from Ch. 111 1/2, par. 4153-711
210 ILCS 46/3-711
210 ILCS 47/3-711
210 ILCS 85/7 from Ch. 111 1/2, par. 148
210 ILCS 115/22 from Ch. 111 1/2, par. 732
210 ILCS 125/19 from Ch. 111 1/2, par. 1219
225 ILCS 207/20
225 ILCS 225/13 from Ch. 111 1/2, par. 116.313
225 ILCS 235/15 from Ch. 111 1/2, par. 2215
225 ILCS 320/19 from Ch. 111, par. 1118
410 ILCS 45/12.2
Amends the Mobile Home Park Act, the Illinois Plumbing License Law, the Private Sewage Disposal Licensing Act, the Nursing Home Care Act, the MC/DD Act, the ID/DD Community Care Act, the Commercial and Public Building Asbestos Abatement Act, the Lead Poisoning Prevention Act, the Structural Pest Control Act, the Swimming Facility Act, the Ambulatory Surgical Treatment Center Act, and the Hospital Licensing Act. Provides that the procedures governing hearings authorized under the Acts shall be in accordance with rules adopted by the Department of Public Health. Requires a full and complete record to be kept of all contested proceedings by the Department. Removes language requiring the Department, at its expense, to provide a stenographer to take the testimony, or otherwise record the testimony, and preserve a record of proceedings. Makes other changes. Effective January 1, 2021.
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A BILL FOR
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AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Ambulatory Surgical Treatment Center Act is
amended by changing Section 10g as follows:
(210 ILCS 5/10g) (from Ch. 111 1/2, par. 157-8.10g)
Sec. 10g. Notice of administrative actions; hearing
procedures.
(a) Notice of all administrative actions taken under this
Act shall be effected by registered mail, certified mail, or
personal service and shall set forth the particular reasons for
the proposed action and provide the applicant or licensee with
an opportunity to request a hearing. If a hearing request is
not received within 10 days, the right to a hearing is waived.
(b) The procedure governing hearings authorized by this
Section shall be in accordance with rules promulgated by the
Department consistent with this Act. A hearing shall be
conducted by the Director or by an individual designated in
writing by the Director as hearing officer. The procedures
governing contested hearings authorized under this Act shall be
in accordance with rules adopted by the Department. A full and
complete record shall be kept of all contested proceedings by
the Department. A full and complete record shall be kept of all

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proceedings, including notice of hearing, complaint, and all
other documents in the nature of pleadings, written motions
filed in the proceedings, and the report and orders of the
Director and hearing officer. All testimony shall be reported
but need not be transcribed unless the decision is appealed
pursuant to Section 11 of this Act. A copy or copies of the
transcript may be obtained by any interested party on payment
of the cost of preparing such copy or copies.
(c) The Director or hearing officer shall, upon his own
motion or on the written request of any party to the
proceeding, issue subpoenas requiring the attendance and
testimony of witnesses and subpoenas duces tecum requiring the
production of books, papers, records or memoranda. The fees of
witnesses for attendance and travel shall be the same as the
fees of witnesses before any circuit court of this State. Such
fees shall be paid when the witness is excused from further
attendance. When the witness is subpoenaed at the instance of
the Director or hearing officer, such fees shall be paid in the
same manner as other expenses of the Department. When the
witness is subpoenaed at the instance of any other party to a
proceeding, the Department may require that the cost of service
of the subpoena or subpoena duces tecum and the fee of the
witness be borne by the party at whose instance the witness is
summoned. In such case, the Department, in its discretion, may
require a deposit to cover the cost of such service and witness
fees. A subpoena or subpoena duces tecum issued under this

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Section shall be served in the same manner as a subpoena issued
by a court.
(d) Any circuit court of this State, upon the application
of the Director or the application of any other party to the
proceeding, may, in its discretion, compel the attendance of
witnesses, the production of books, papers, records or
memoranda, and the giving of testimony before the Director or
hearing officer conducting an investigation or holding a
hearing authorized by this Act, by an attachment for contempt,
or otherwise, in the same manner as production of evidence may
be compelled before the court.
(e) The Director or hearing officer, or any party in a
hearing before the Department, may cause the deposition of
witnesses within the State to be taken in the manner prescribed
by law for depositions in civil actions in courts of this
State, and may compel the attendance of witnesses and the
production of books, papers, records or memoranda.
(f) The Director or Hearing Officer shall make findings of
fact in such hearing and the Director shall render his decision
within 60 days after the termination or waiving of the hearing
unless additional time is required by him for a proper
disposition of the matter. When the hearing has been conducted
by a hearing officer, the Director shall review the record and
findings of fact before rendering a decision. A copy of the
findings of fact and decision of the Director shall be served
upon the applicant or licensee in person, by registered mail,

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or by certified mail in the same manner as the service of the
notice of hearing. The decision denying, suspending, or
revoking a license shall become final 35 days after it is
mailed or served, unless the applicant or licensee, within the
35-day period, petitions for review pursuant to Section 11 of
this Act.
(Source: P.A. 86-1292.)
Section 10. The Nursing Home Care Act is amended by
changing Section 3-711 as follows:
(210 ILCS 45/3-711) (from Ch. 111 1/2, par. 4153-711)
Sec. 3-711. Hearing procedures. The procedures governing
hearings authorized under this Act shall be in accordance with
rules adopted by the Department. A full and complete record
shall be kept of all proceedings, including the notice of
hearing, complaint, and all other documents in the nature of
pleadings, written motions filed in the proceedings, and the
report and orders of the Director and hearing officer. All
testimony shall be recorded but need not be transcribed, unless
the final administrative decision is appealed under Section
3-713. A copy or copies of the transcript may be obtained by
any interested party upon payment of the cost of preparing the
copy or copies. The Department may employ a court reporter and
any party may arrange to have a court reporter attend the
hearing at that party's expense. The Department, at its

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expense, shall provide a stenographer to take the testimony, or
otherwise record the testimony, and preserve a record of all
proceedings under this Section. The notice of hearing, the
complaint and all other documents in the nature of pleadings
and written motions filed in the proceedings, the transcript of
testimony, and the findings and decision shall be the record of
the proceedings. The Department shall furnish a transcript of
such record to any person interested in such hearing upon
payment therefor of 70 cents per page for each original
transcript and 25 cents per page for each certified copy
thereof. However, the charge for any part of such transcript
ordered and paid for previous to the writing of the original
record shall be 25 cents per page.
(Source: P.A. 81-223.)
Section 15. The MC/DD Act is amended by changing Section
3-711 as follows:
(210 ILCS 46/3-711)
Sec. 3-711. Hearing procedures Record of hearing;
transcript. The procedures governing contested hearings
authorized under this Act shall be in accordance with rules
adopted by the Department. A full and complete record shall be
kept of all contested proceedings by the Department. The
Department, at its expense, shall provide a stenographer to
take the testimony, or otherwise record the testimony, and

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preserve a record of all proceedings under this Section. The
notice of hearing, the complaint and all other documents in the
nature of pleadings and written motions filed in the
proceedings, the transcript of testimony, and the findings and
decision shall be the record of the proceedings. The Department
shall furnish a transcript of such record to any person
interested in such hearing upon payment therefor of 70 cents
per page for each original transcript and 25 cents per page for
each certified copy thereof. However, the charge for any part
of such transcript ordered and paid for previous to the writing
of the original record shall be 25 cents per page.
(Source: P.A. 99-180, eff. 7-29-15.)
Section 20. The ID/DD Community Care Act is amended by
changing Section 3-711 as follows:
(210 ILCS 47/3-711)
Sec. 3-711. Hearing procedures Record of hearing;
transcript. The procedures governing contested hearings
authorized under this Act shall be in accordance with rules
adopted by the Department. A full and complete record shall be
kept of all contested proceedings by the Department. The
Department, at its expense, shall provide a stenographer to
take the testimony, or otherwise record the testimony, and
preserve a record of all proceedings under this Section. The
notice of hearing, the complaint and all other documents in the

HB4894 - 7 - LRB101 18342 CPF 67789 b
nature of pleadings and written motions filed in the
proceedings, the transcript of testimony, and the findings and
decision shall be the record of the proceedings. The Department
shall furnish a transcript of such record to any person
interested in such hearing upon payment therefor of 70 cents
per page for each original transcript and 25 cents per page for
each certified copy thereof. However, the charge for any part
of such transcript ordered and paid for previous to the writing
of the original record shall be 25 cents per page.
(Source: P.A. 96-339, eff. 7-1-10.)
Section 25. The Hospital Licensing Act is amended by
changing Section 7 as follows:
(210 ILCS 85/7) (from Ch. 111 1/2, par. 148)
Sec. 7. Administrative actions; notice; hearing
procedures.
(a) The Director after notice and opportunity for hearing
to the applicant or licensee may deny, suspend, or revoke a
permit to establish a hospital or deny, suspend, or revoke a
license to open, conduct, operate, and maintain a hospital in
any case in which he finds that there has been a substantial
failure to comply with the provisions of this Act, the Hospital
Report Card Act, or the Illinois Adverse Health Care Events
Reporting Law of 2005 or the standards, rules, and regulations
established by virtue of any of those Acts. The Department may

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impose fines on hospitals, not to exceed $500 per occurrence,
for failing to (1) initiate a criminal background check on a
patient that meets the criteria for hospital-initiated
background checks or (2) report the death of a person known to
be a resident of a facility licensed under the ID/DD Community
Care Act or the MC/DD Act to the coroner or medical examiner
within 24 hours as required by Section 6.09a of this Act. In
assessing whether to impose such a fine for failure to initiate
a criminal background check, the Department shall consider
various factors including, but not limited to, whether the
hospital has engaged in a pattern or practice of failing to
initiate criminal background checks. Money from fines shall be
deposited into the Long Term Care Provider Fund.
(b) Such notice shall be effected by registered mail or by
personal service setting forth the particular reasons for the
proposed action and fixing a date, not less than 15 days from
the date of such mailing or service, at which time the
applicant or licensee shall be given an opportunity for a
hearing. Such hearing shall be conducted by the Director or by
an employee of the Department designated in writing by the
Director as Hearing Officer to conduct the hearing. On the
basis of any such hearing, or upon default of the applicant or
licensee, the Director shall make a determination specifying
his findings and conclusions. In case of a denial to an
applicant of a permit to establish a hospital, such
determination shall specify the subsection of Section 6 under

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which the permit was denied and shall contain findings of fact
forming the basis of such denial. A copy of such determination
shall be sent by registered mail or served personally upon the
applicant or licensee. The decision denying, suspending, or
revoking a permit or a license shall become final 35 days after
it is so mailed or served, unless the applicant or licensee,
within such 35 day period, petitions for review pursuant to
Section 13.
(c) The procedures governing contested hearings authorized
by this Section shall be in accordance with rules adopted by
the Department. A full and complete record shall be kept of all
contested proceedings by the Department. The procedure
governing hearings authorized by this Section shall be in
accordance with rules promulgated by the Department and
approved by the Hospital Licensing Board.A full and complete
record shall be kept of all proceedings, including the notice
of hearing, complaint, and all other documents in the nature of
pleadings, written motions filed in the proceedings, and the
report and orders of the Director and Hearing Officer. All
testimony shall be reported but need not be transcribed unless
the decision is appealed pursuant to Section 13. A copy or
copies of the transcript may be obtained by any interested
party on payment of the cost of preparing such copy or copies.
(d) The Director or Hearing Officer shall upon his own
motion, or on the written request of any party to the
proceeding, issue subpoenas requiring the attendance and the

HB4894 - 10 - LRB101 18342 CPF 67789 b
giving of testimony by witnesses, and subpoenas duces tecum
requiring the production of books, papers, records, or
memoranda. All subpoenas and subpoenas duces tecum issued under
the terms of this Act may be served by any person of full age.
The fees of witnesses for attendance and travel shall be the
same as the fees of witnesses before the Circuit Court of this
State, such fees to be paid when the witness is excused from
further attendance. When the witness is subpoenaed at the
instance of the Director, or Hearing Officer, such fees shall
be paid in the same manner as other expenses of the Department,
and when the witness is subpoenaed at the instance of any other
party to any such proceeding the Department may require that
the cost of service of the subpoena or subpoena duces tecum and
the fee of the witness be borne by the party at whose instance
the witness is summoned. In such case, the Department in its
discretion, may require a deposit to cover the cost of such
service and witness fees. A subpoena or subpoena duces tecum
issued as aforesaid shall be served in the same manner as a
subpoena issued out of a court.
(e) Any Circuit Court of this State upon the application of
the Director, or upon the application of any other party to the
proceeding, may, in its discretion, compel the attendance of
witnesses, the production of books, papers, records, or
memoranda and the giving of testimony before the Director or
Hearing Officer conducting an investigation or holding a
hearing authorized by this Act, by an attachment for contempt,

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or otherwise, in the same manner as production of evidence may
be compelled before the court.
(f) The Director or Hearing Officer, or any party in an
investigation or hearing before the Department, may cause the
depositions of witnesses within the State to be taken in the
manner prescribed by law for like depositions in civil actions
in courts of this State, and to that end compel the attendance
of witnesses and the production of books, papers, records, or
memoranda.
(Source: P.A. 99-180, eff. 7-29-15.)
Section 30. The Mobile Home Park Act is amended by changing
Section 22 as follows:
(210 ILCS 115/22) (from Ch. 111 1/2, par. 732)
Sec. 22. Administrative actions; hearing procedures. Any
person refused a permit to construct or alter a park or a
license, or whose license is suspended or revoked, shall have
the right to a hearing before the Department. A written notice
of a request for such a hearing shall be served upon the
Department within 20 days of such refusal of a permit to
construct or alter or refusal of a license or suspension or
revocation thereof. The Director shall give written notice of
such decision, by registered mail, to the park operator or the
applicant, as the case may be, within 5 days of such refusal,
suspension or revocation.

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The hearing shall be conducted by the Director, or a duly
qualified employee of the Department designated in writing by
the Director as a Hearing Officer.
The Director or Hearing Officer may compel by subpoena or
subpoena duces tecum the attendance and testimony of witnesses
and the production of books and papers, and administer oaths to
witnesses. The hearing shall be conducted at such place as
designated by the Department, except that hearings concerning
the establishment, operation or licensing of a park in a county
of 1,000,000 or more inhabitants shall be conducted in such
county. The Director shall give written notice of the time and
place of hearing, by registered mail, to the park operator or
license applicant, as the case may be, at least 10 days prior
to such hearing.
The Director or Hearing Officer shall permit the applicant
or licensee to appear in person and to be represented by
counsel at the hearing at which time the applicant or licensee
shall be afforded an opportunity to present all relevant matter
in support of his application for license or renewal of license
or in resisting the revocation thereof.
In the event of the inability of any party, or the
Department, to procure the attendance of witnesses to give
testimony or produce books and papers, such party or the
Department may take the deposition of witnesses in accordance
with the law pertaining to the taking of depositions in civil
cases in the circuit courts of this State. The procedures

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governing contested hearings authorized under this Section
shall be in accordance with rules adopted by the Department. A
full and complete record shall be kept of all contested
proceedings by the Department. All testimony taken at a hearing
shall be reduced to writing, and all such testimony and other
evidence introduced at the hearing shall constitute a part of
the record of the hearing.
The Director shall make findings of fact in such hearing,
and the Director shall render his or her decision within 30
days after the termination of the hearing, unless additional
time is required by him or her for a proper disposition of the
matter. When the hearing has been conducted by a Hearing
Officer, the Director shall review the record before rendering
a decision. It shall be the duty of the Director to forward a
copy of his or her decision, by registered mail, to the park
operator or applicant, as the case may be, within 5 days of
rendering such decision.
Technical errors in the proceeding before the Director or
Hearing Officer or their failure to observe the technical rules
of evidence shall not constitute grounds for the reversal of
any administrative decision unless it appears to the court that
such error or failure materially affects the rights of any
party and results in substantial injustice to him.
All subpoenas issued by the Director or Hearing Officer may
be served as provided for in civil actions. The fees of
witnesses for attendance and travel shall be the same as the

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fees for witnesses before the Circuit Court and shall be paid
by the party to such proceeding at whose request the subpoena
is issued. If such subpoena is issued at the request of the
Department, the witness fee shall be paid as an administrative
expense.
In cases of refusal of a witness to attend or testify, or
to produce books or papers, concerning any matter upon which he
might be lawfully examined, the Circuit Court of the county
wherein the hearing is held, upon application of any party to
the proceeding, may compel obedience by proceeding for contempt
as in cases of a like refusal to obey a similar order of the
Court.
The Department shall not be required to certify any record
or file any answer or otherwise appear in any proceeding for
judicial review unless the party filing the complaint deposits
with the clerk of the court the sum of 95 cents per page
representing costs of such certification. Failure on the part
of the plaintiff to make such deposit shall be grounds for
dismissal of the action.
(Source: P.A. 83-334.)
Section 35. The Swimming Facility Act is amended by
changing Section 19 as follows:
(210 ILCS 125/19) (from Ch. 111 1/2, par. 1219)
Sec. 19. Hearing procedures. The procedures governing

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contested hearings authorized under this Act shall be in
accordance with rules adopted by the Department. A full and
complete record shall be kept of all contested proceedings by
the Department. The Director shall make findings of fact in
such hearing, and the Director shall render his decision within
30 days after the termination of the hearing, unless additional
time is required by him for a proper disposition of the matter.
When the hearing has been conducted by a Hearing Officer, the
Director shall review the findings of fact and recommendations
of the Hearing Officer, and the transcribed record if a party
has requested and paid for such record before rendering a
decision. It shall be the duty of the Director to forward a
copy of the his decision by registered or certified mail, to
the owner, operator, licensee, or applicant within 5 days of
rendition of such decision. Technical errors in the proceeding
before the Director or Hearing Officer or the Director's their
failure to observe the technical rules of evidence shall not be
grounds for the reversal of any administrative decision unless
it appears to the court that such error or failure materially
affects the rights of any party and results in substantial
injustice to him.
(Source: P.A. 78-1149.)
Section 40. The Commercial and Public Building Asbestos
Abatement Act is amended by changing Section 20 as follows:

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(225 ILCS 207/20)
Sec. 20. Powers and Duties of the Department.
(a) The Department is empowered to promulgate any rules
necessary to ensure proper implementation and administration
of this Act, and compliance with the federal Asbestos School
Hazard Abatement Reauthorization Act of 1990.
(b) Rules promulgated by the Department shall include, but
not be limited to, rules relating to the correct and safe
performance of response action services, rules for the
assessment of civil penalties for violations of this Act or
rules promulgated under it, and rules providing for the
training and licensing of persons and firms (i) to perform
asbestos inspection, (ii) to perform abatement work, and (iii)
to serve as asbestos abatement contractors, response action
contractors, and asbestos workers. The Department is empowered
to inspect activities regulated by this Act to ensure
compliance.
Except as otherwise provided by Department rule, on and
after the effective date of this amendatory Act of the 98th
General Assembly, any licensing requirement adopted pursuant
to this Section that may be satisfied by an industrial
hygienist licensed pursuant to the Industrial Hygienists
Licensure Act repealed in this amendatory Act may be satisfied
by a Certified Industrial Hygienist certified by the American
Board of Industrial Hygiene.
(c) In carrying out its responsibilities under this Act,

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the Department shall:
(1) Publish a list of response action contractors
licensed under this Act, except that the Department shall
not be required to publish a list of licensed asbestos
workers; and
(2) Adopt rules for the collection of fees for training
course approval and for the licensing of inspectors,
project designers, contractors, supervisors, and workers.
(d) The provisions of the Illinois Administrative
Procedure Act are hereby expressly adopted and shall apply to
all administrative rules and procedures of the Department of
Public Health under this Act, except that in case of conflict
between the Illinois Administrative Procedure Act and this Act
the provisions of this Act shall control, and except that
Section 5-35 of the Illinois Administrative Procedure Act
relating to procedures for rulemaking does not apply to the
adoption of any rule required by federal law in connection with
which the Department is precluded by law from exercising any
discretion.
(e) All final administrative decisions of the Department
under this Act shall be subject to judicial review pursuant to
the provisions of the Administrative Review Law and the rules
adopted under it. The term "administrative decision" has the
meaning ascribed to it in Section 3-101 of the Code of Civil
Procedure.
(f) The Director, after notice and opportunity for hearing

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to the applicant or license holder, may deny, suspend, or
revoke a license or expunge such person from the State list in
any case in which he or she finds that there has been a
substantial failure to comply with the provisions of this Act
or the standards or rules established under it. Notice shall be
provided by certified mail, return receipt requested, or by
personal service setting forth the particular response for the
proposed action and fixing a date, not less than 15 days from
the date of such mailing or service, at which time the
applicant, asbestos abatement contractor, or license holder
shall be given an opportunity to request hearing.
The hearing shall be conducted by the Director or by an
individual designated in writing by the Director as Hearing
Officer to conduct the hearing. On the basis of any such
hearing, or upon default of the asbestos abatement contractor,
applicant or license holder, the Director shall make a
determination specifying his or her findings and conclusions. A
copy of the determination shall be sent by certified mail,
return receipt requested, or served personally upon the
applicant, contractor, or license holder.
The procedure governing hearings authorized by this
Section shall be in accordance with rules promulgated by the
Department. The procedures governing contested hearings
authorized under this Section shall be in accordance with rules
adopted by the Department. A full and complete record shall be
kept of all contested proceedings by the Department. A full and

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complete record shall be kept of all proceedings, including the
notice of hearing, complaint, and all other documents in the
nature of pleadings, written motions filed in the proceedings,
and the report and orders of the Director and Hearing Officer.
All testimony shall be reported but need not be transcribed
unless the decision is sought to be reviewed under the
Administrative Review Law. A copy or copies of the transcript
may be obtained by any interested party on payment of the cost
of preparing the copy or copies. The Director or Hearing
Officer shall, upon his or her own motion or on the written
request of any party to the proceeding, issue subpoenas
requiring the attendance and the giving of testimony by
witnesses, and subpoenas duces tecum requiring the production
of books, papers, records, or memoranda. All subpoenas and
subpoenas duces tecum issued under this Act may be served by
any person of legal age. The fees of witnesses for attendance
and travel shall be the same as the fees of witnesses before
the courts of this State, such fees to be paid when the witness
is excused from further attendance. When the witness is
subpoenaed at the instance of the Director or Hearing Officer,
such fees shall be paid in the same manner as other expenses of
the Department, and when the witness is subpoenaed at the
instance of any other party to any such proceeding the
Department may require that the cost of service of the subpoena
or subpoena duces tecum and the fee of the witness be borne by
the party at whose instance the witness is summoned. In such

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case, the Department in its discretion may require a deposit to
cover the cost of such service and witness fees. A subpoena or
subpoena duces tecum so issued as above stated shall be served
in the same manner as a subpoena issued by a circuit court.
Any circuit court of this State, upon the application of
the Director, or upon the application of any other party to the
proceeding, may, in its discretion, compel the attendance of
witnesses, the production of books, papers, records, or
memoranda and the giving of testimony before the Director or
Hearing Officer conducting an investigation or holding a
hearing authorized by this Act, by an attachment for contempt
or otherwise, in the same manner as production of evidence may
be compelled before the court.
The Director or Hearing Officer, or any party in an
investigation or hearing before the Department, may cause the
depositions of witnesses within this State to be taken in the
manner prescribed by law for like depositions in civil actions
in courts of this State, and, to that end, compel the
attendance of witnesses and the production of books, papers,
records, or memoranda.
The Department shall not be required to certify any record,
file any answer, or otherwise appear in any proceeding for
judicial review unless the party filing the complaint deposits
with the clerk of the court the sum of 95 cents per page
representing costs of such certification. Failure on the part
of the filing party to make such deposit shall be grounds for

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dismissal of the action.
(Source: P.A. 98-78, eff. 7-15-13.)
Section 45. The Private Sewage Disposal Licensing Act is
amended by changing Section 13 as follows:
(225 ILCS 225/13) (from Ch. 111 1/2, par. 116.313)
Sec. 13. Notice of administrative actions; hearing
procedures. The Department shall give written notice by
certified or registered mail to any person refused a license or
whose license is suspended or revoked, or an approved unit of
local government whose approval is denied, suspended or revoked
or any person in violation of the Act, rules and regulations.
Such person has a right to a hearing before the Department;
however, a written notice of a request for such a hearing must
be served on the Department within 10 days of notice of such
refusal of a license or suspension or revocation thereof or
notice of violation. The hearing shall be conducted by the
Director, or a Hearing Officer designated in writing by the
Director, to conduct the hearing. A stenographic record shall
be made of the hearing and the cost borne by the Department;
however, a transcription of the hearing will be made only if a
person requests it and shall be transcribed at the cost of such
person.
The hearing shall be conducted at such place as designated
by the Department. The Director shall give written notice of

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the time and place of hearing, by registered or certified mail,
to the owner, operator, licensee, or applicant, as the case may
be, at least 20 days before such hearing. The Director or
Hearing Officer shall permit the licensee, applicant, person,
or unit of local government to appear in person or to be
represented by counsel at the hearing at which time such party
shall be afforded an opportunity to present all relevant matter
in reference thereto.
The procedures governing contested hearings authorized
under this Section shall be in accordance with rules adopted by
the Department. A full and complete record shall be kept of all
contested proceedings by the Department.
(Source: P.A. 84-670.)
Section 50. The Structural Pest Control Act is amended by
changing Section 15 as follows:
(225 ILCS 235/15) (from Ch. 111 1/2, par. 2215)
(Section scheduled to be repealed on December 31, 2029)
Sec. 15. Administrative hearing. The Department shall give
written notice by certified or registered mail to any
applicant, licensee, registrant or certified technician of the
Department's intent to suspend, revoke, or refuse to issue a
license, registration, or certificate or to assess a fine. Such
person has a right to a hearing before the Department; however,
a written notice of a request for such a hearing shall be

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served on the Department within 10 days of notice of such
refusal, suspension, or revocation of a license, registration,
or certification, or imposition of a fine. The hearing shall be
conducted by the Director, or a Hearing Officer designated in
writing by the Director, to conduct the hearing. The procedures
governing contested hearings authorized under this Section
shall be in accordance with rules adopted by the Department. A
full and complete record shall be kept of all contested
proceedings by the Department. A stenographic record shall be
made of the hearing and the cost borne by the Department;
however, a transcription of the hearing will be made only if a
person requests and shall be transcribed at the cost of such
person.
The hearing shall be conducted at such place as designated
by the Department.
(Source: P.A. 87-703; reenacted by P.A. 95-786, eff. 8-7-08.)
Section 55. The Illinois Plumbing License Law is amended by
changing Section 19 as follows:
(225 ILCS 320/19) (from Ch. 111, par. 1118)
Sec. 19. Administrative actions; notice; hearing
procedures. The Director, after notice and opportunity for
hearing to the applicant, license holder, or registrant, may
deny, suspend, or revoke a license or registration in any case
in which he or she finds that there has been a substantial

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failure to comply with the provisions of this Act or the
standards, rules, and regulations established under this Act.
Notice shall be provided by certified mail or by personal
service setting forth the particular reasons for the proposed
action and fixing a date, not less than 20 days from the date
of the mailing or service, within which time the applicant or
license holder must request in writing a hearing. Failure to
serve upon the Department a request for hearing in writing
within the time provided in the notice shall constitute a
waiver of the person's right to an administrative hearing.
The hearing shall be conducted by the Director or by an
individual designated in writing by the Director as a hearing
officer to conduct the hearing. The Director or hearing officer
shall give written notice of the time and place of the hearing,
by certified mail or personal service, to the applicant,
license holder, or registrant at least 10 days prior to the
hearing. On the basis of the hearing, or upon default of the
applicant, license holder, or registrant, the Director shall
make a determination specifying his or her findings and
conclusions. A copy of the determination shall be sent by
certified mail or served personally upon the applicant, license
holder, or registrant. The decision of the Director shall be
final on issues of fact and final in all respects unless
judicial review is sought as provided in this Act.
The procedure governing hearings authorized by this
Section shall be in accordance with rules promulgated by the

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Department. A full and complete record shall be kept of all
proceedings, including the notice of hearing, complaint, and
all other documents in the nature of pleadings, written motions
filed in the proceedings, and the report and orders of the
Director and hearing officer.
The Department at its expense shall provide a court
reporter to take testimony. Technical error in the proceedings
before the Department or hearing officer or their failure to
observe the technical rules of evidence shall not be grounds
for the reversal of any administrative decision unless it
appears to the Court that such error or failure materially
affects the rights of any party and results in substantial
injustice to them.
The Department or hearing officer, or any parties in an
investigation or hearing before the Department, may cause the
depositions of witnesses within the State to be taken in the
manner prescribed by law for depositions in civil actions in
courts of this State, and compel the attendance of witnesses
and the production of books, papers, records, or memoranda.
The procedures governing contested hearings authorized
under this Section shall be in accordance with rules adopted by
the Department. A full and complete record shall be kept of all
contested proceedings by the Department.
The Department shall not be required to certify any record
to the Court or file any answer in Court or otherwise appear in
any Court in a judicial review proceeding, unless there is

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filed in the Court with the complaint a receipt from the
Department acknowledging payment of the costs of furnishing and
certifying the record. Such cost shall be paid by the party
requesting a copy of the record. Failure on the part of the
person requesting a copy of the record to pay the cost shall be
grounds for dismissal of the action.
(Source: P.A. 91-678, eff. 1-26-00.)
Section 60. The Lead Poisoning Prevention Act is amended by
changing Section 12.2 as follows:
(410 ILCS 45/12.2)
Sec. 12.2. Violations and enforcement.
(a) The following provisions shall apply concerning
criminal sanctions:
(1) Violation of any Section of this Act other than
Section 6.01 or Section 7 shall be punishable as a Class A
misdemeanor. A violation of Section 6.01 shall cause the
Department to issue a written warning for a first offense
and shall be a petty offense for a second or subsequent
offense if the violation occurs at the same location within
12 months after the first offense.
(2) Any person who knowingly violates this Act or the
rules adopted by the Department or who knowingly violates
any determination or order of the Department under this Act
shall be guilty of a Class 4 felony. A person who, after

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being convicted under this paragraph, knowingly violates
this paragraph a second or subsequent time commits a Class
3 felony.
(3) Any person who knowingly makes a false statement,
orally or in writing, to the Department related to or
required by this Act, a rule adopted under this Act, any
federal law or rule for which the Department has
responsibility, or any determination or order of the
Department under this Act, or any permit, term, or
condition thereof, commits a Class 4 felony, and each such
statement or writing shall be considered a separate Class 4
felony. A person who, after being convicted under this
paragraph, knowingly violates this paragraph a second or
subsequent time commits a Class 3 felony.
(4) Any criminal action brought under this Section
shall be brought by the State's Attorney of the county in
which the violation occurred or by the Attorney General and
shall be conducted in accordance with the applicable
provisions of the Code of Criminal Procedure of 1963.
(5) For an offense described in this subsection (a),
the period for commencing prosecution prescribed by the
statute of limitations shall not begin to run until the
offense is discovered by or reported to a State or local
agency having the authority to investigate violations of
this Act.
(6) In addition to any other penalty provided under

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this Act, the court in a criminal action brought under this
subsection (a) may impose upon any person who violates this
Act or the rules adopted under this Act or who does not
comply with a notice of deficiency and a mitigation order
issued under subsection (7) of Section 9 of this Act or who
fails to comply with subsection (3) or subsection (5) of
Section 9 of this Act a penalty not to exceed $5,000 for
each violation. Each day a violation exists constitutes a
separate violation. In assessing a criminal penalty under
this Section, the court shall consider any civil fines the
person has paid which were imposed pursuant to subsection
(b) of this Section. Any penalties collected in a court
proceeding shall be deposited into a delegated county lead
poisoning screening, prevention, and abatement fund or, if
no delegated county or lead poisoning screening,
prevention, and abatement fund exists, into the Lead
Poisoning Screening, Prevention, and Abatement Fund
established under Section 7.2 of this Act.
(b) The Department is authorized to assess administrative
civil fines against any licensee or any other person who
violates this Act or the rules adopted under this Act. These
fines may be assessed in addition to or in lieu of license
suspensions or revocations and in addition to or in lieu of
criminal sanctions. The amount of the administrative civil fine
shall be determined by rules adopted by the Department. Each
day a violation exists shall constitute a separate violation.

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The minimum civil fine shall be $50 per violation per day and
the maximum civil fine shall be $5,000 per violation per day.
Any civil fines so collected shall be deposited into the Lead
Poisoning Screening, Prevention, and Abatement Fund
established under Section 7.2 of this Act.
(c) The Director, after notice and opportunity for hearing,
may deny, suspend, or revoke a license of a licensee or fine a
licensee or any other person who has violated this Act or the
rules adopted under this Act. Notice shall be provided by
certified mail, return receipt requested, or by personal
service, fixing a date, not less than 15 days from the date of
such mailing or service, at which time the person shall be
given an opportunity to request a hearing. Failure to request a
hearing within that time period constitutes a waiver of the
right to a hearing. The hearing shall be conducted by the
Director or by an individual designated in writing by the
Director as a hearing officer to conduct the hearing. On the
basis of any such hearing or upon default of the respondent,
the Director shall make a determination specifying his or her
findings and conclusions. A copy of the determination shall be
sent by certified mail, return receipt requested, or served
personally upon the respondent.
(d) The procedures governing contested hearings authorized
under this Section shall be in accordance with rules adopted by
the Department. A full and complete record shall be kept of all
contested proceedings by the Department. The procedure

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governing hearings authorized by this Section shall be in
accordance with rules adopted by the Department. A full and
complete record shall be kept of all proceedings, including the
notice of hearing, complaint, and all other documents in the
nature of pleadings, written motions filed in the proceedings,
and the report and orders of the Director and hearing officer.
All testimony shall be reported, but need not be transcribed
unless the decision is sought to be reviewed under the
Administrative Review Law. A copy or copies of the transcript
may be obtained by any interested party on payment of the cost
of preparing the copy or copies. The Director or hearing
officer shall, upon his or her own motion or on the written
request of any party to the proceeding, issue subpoenas
requiring the attendance and the giving of testimony by
witnesses and subpoenas duces tecum requiring the production of
books, papers, records, or memoranda. All subpoenas and
subpoenas duces tecum issued under this Act may be served by
any person of legal age. The fees of witnesses for attendance
and travel shall be the same as the fees of witnesses before
the courts of this State, such fees to be paid when the witness
is excused from further attendance. When the witness is
subpoenaed at the instance of the Director or hearing officer,
the fees shall be paid in the same manner as other expenses of
the Department, and when the witness is subpoenaed at the
instance of any other party to any such proceeding the
Department may require that the cost of service of the subpoena

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or subpoena duces tecum and the fee of the witness be borne by
the party at whose instance the witness is summoned. In such
case, the Department in its discretion may require a deposit to
cover the cost of such service and witness fees. A subpoena or
subpoena duces tecum so issued pursuant to this subsection (d)
shall be served in the same manner as a subpoena issued by a
circuit court.
(e) Any circuit court of this State, upon the application
of the Director or upon the application of any other party to
the proceeding, may, in its discretion, compel the attendance
of witnesses, the production of books, papers, records, or
memoranda, and the giving of testimony before the Director or
hearing officer conducting an investigation or holding a
hearing authorized by this Act, by an attachment for contempt
or otherwise, in the same manner as production of evidence may
be compelled before the court.
(f) All final administrative decisions of the Department
under this Act shall be subject to judicial review pursuant to
the provisions of the Administrative Review Law and the rules
adopted under it. "Administrative decision" has the meaning
ascribed to it in Section 3-101 of the Code of Civil Procedure.
The Department is not required to certify any record or file
any answer or otherwise appear in any proceeding for judicial
review unless the party filing the complaint deposits with the
clerk of the court the sum of $2 per page representing the
costs of the certification. Failure on the part of the

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plaintiff to make such deposit shall be grounds for dismissal
of the action.
(g) The State's Attorney of the county in which the
violation occurred or the Attorney General shall bring such
actions in the name of the people of the State of Illinois and
may, in addition to other remedies provided in this Act, bring
action for an injunction to restrain such violation, impose
civil penalties, and enjoin the operation of any such person or
establishment.
(Source: P.A. 98-690, eff. 1-1-15.)
Section 99. Effective date. This Act takes effect January
1, 2021.