Bill Text: IL SB0654 | 2019-2020 | 101st General Assembly | Chaptered


Bill Title: Reinserts the provisions of the bill as amended by House Amendment No. 1 with the following changes. Restores language granting the Department of Financial and Professional Regulation the power to obtain written recommendations from the State Board of Professional Engineers regarding qualifications of individuals for licensure and enrollment, definitions of curriculum content and approval of engineering curricula, standards of professional conduct and formal disciplinary actions, and the adoption of the rules affecting these matters. Provides that, upon the issuance of any final decision or order that deviates from any report or recommendation of the Board relating to the qualification of applicants, discipline of licensees or registrants, or adoption of rules, the Secretary shall notify the Board on any such deviation and shall specify with particularity the reasons for the action in the final decision or order (and makes similar changes in other provisions of the Act). Provides that members of the Board shall (rather than may) be reimbursed for all legitimate, necessary, and authorized expenses. Requires the Board to submit to the Secretary a written recommendation of acceptability of a curriculum. Restores language requiring that all technical submissions prepared by or under the personal supervision of a professional engineer bear that professional engineer's seal, signature, and license expiration date and that the licensee's written signature and date of signing, along with the date of license expiration, be placed adjacent to the seal. Effective immediately.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2019-08-09 - Public Act . . . . . . . . . 101-0310 [SB0654 Detail]

Download: Illinois-2019-SB0654-Chaptered.html



Public Act 101-0310
SB0654 EnrolledLRB101 04415 JRG 49423 b
AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Regulatory Sunset Act is amended by changing
Section 4.30 and by adding Section 4.40 as follows:
(5 ILCS 80/4.30)
Sec. 4.30. Acts repealed on January 1, 2020. The following
Acts are repealed on January 1, 2020:
The Auction License Act.
The Community Association Manager Licensing and
Disciplinary Act.
The Illinois Architecture Practice Act of 1989.
The Illinois Landscape Architecture Act of 1989.
The Illinois Professional Land Surveyor Act of 1989.
The Orthotics, Prosthetics, and Pedorthics Practice Act.
The Perfusionist Practice Act.
The Pharmacy Practice Act.
The Professional Engineering Practice Act of 1989.
The Real Estate License Act of 2000.
The Structural Engineering Practice Act of 1989.
(Source: P.A. 100-497, eff. 9-8-17; 100-534, eff. 9-22-17;
100-863, eff. 8-14-18.)
(5 ILCS 80/4.40 new)
Sec. 4.40. Act repealed on January 1, 2030. The following
Act is repealed on January 1, 2030:
The Professional Engineering Practice Act of 1989.
Section 10. The Professional Engineering Practice Act of
1989 is amended by changing Sections 3, 4, 5, 6, 7, 8, 9, 10,
11, 12, 14, 15, 16, 17, 17.5, 18, 19, 20, 23, 24, 25, 26, 27,
27.5, 29, 32, 33, 34, 37, 41, 44, 45, 47, and 48 and by adding
Sections 4.5, 20.5, 20.10, and 31.5 as follows:
(225 ILCS 325/3) (from Ch. 111, par. 5203)
(Section scheduled to be repealed on January 1, 2020)
Sec. 3. Application of the Act; exemptions Exemptions.
(a) Nothing in this Act shall be construed to prevent the
practice of structural engineering as defined in the Structural
Engineering Practice Act of 1989 or the practice of
architecture as defined in the Illinois Architecture Practice
Act of 1989 or the regular and customary practice of
construction contracting and construction management as
performed by construction contractors.
(b) Nothing in this Act shall be construed to prevent the
regular and customary practice of a private alarm contractor
licensed pursuant to the Private Detective, Private Alarm,
Private Security, Fingerprint Vendor, and Locksmith Act of
2004.
(c) Nothing in this Act shall be construed to prevent a
fire sprinkler contractor licensed under the Fire Sprinkler
Contractor Licensing Act from providing fire protection system
layout documents. For the purpose of this subsection (c), "fire
protection system layout documents" means layout drawings,
catalog information on standard products, and other
construction data that provide detail on the location of
risers, cross mains, branch lines, sprinklers, piping per
applicable standard, and hanger locations. Fire protection
system layout documents serve as a guide for fabrication and
installation of a fire sprinkler system.
(d) A building permit for a building that requires a fire
suppression system shall not be issued without the submission
of a technical submission prepared and sealed by a licensed
design professional. Fire protection system layout documents
do not require an engineering seal if prepared by a technician
who holds a valid NICET level 3 or 4 certification in fire
protection technology, automatic sprinkler system layout. An
authority having jurisdiction may not accept fire protection
system layout documents in lieu of technical submissions. Fire
protection system layout documents may be submitted as
supporting documents to supplement technical submissions.
However, in the event the fire protection system layout
documents materially alter the technical submissions, the
authority having jurisdiction shall return both the fire
protection layout documents and technical submissions to the
licensed design professional for review.
(e) Nothing in this Act shall prevent:
(1) Employees, including project representatives, of
professional engineers lawfully practicing as sole owners,
partnerships or corporations under this Act, from acting
under the direct supervision of their employers.
(2) The employment of owner's representatives by the
owner during the constructing, adding to, or altering of a
project, or any parts thereof, provided that such owner's
representative shall not have the authority to deviate from
the technical submissions without the prior approval of the
professional engineer for the project.
(3) The practice of officers and employees of the
Government of the United States while engaged within this
State in the practice of the profession of engineering for
the Government.
(4) Services performed by employees of a business
organization engaged in utility, telecommunications,
industrial, or manufacturing operations, or by employees
of laboratory research affiliates of such business
organization that which are rendered in connection with the
fabrication or production, sale, and installation of
products, systems, or nonengineering services of the
business organization or its affiliates.
(5) Inspection, maintenance and service work done by
employees of the State of Illinois, any political
subdivision thereof or any municipality.
(6) The activities performed by those ordinarily
designated as chief engineer of plant operation, chief
operating engineer, locomotive, stationary, marine, power
plant or hoisting and portable engineers, electrical
maintenance or service engineers, personnel employed in
connection with construction, operation or maintenance of
street lighting, traffic control signals, police and fire
alarm systems, waterworks, steam, electric, and sewage
treatment and disposal plants, or the services ordinarily
performed by any worker regularly employed as a locomotive,
stationary, marine, power plant, or hoisting and portable
engineer or electrical maintenance or service engineer for
any corporation, contractor or employer.
(7) The activities performed by a person ordinarily
designated as a supervising engineer or supervising
electrical maintenance or service engineer who supervises
the operation of, or who operates, machinery or equipment,
or who supervises construction or the installation of
equipment within a plant that which is under such person's
immediate supervision.
(8) The services, for private use, of contractors or
owners in the construction of engineering works or the
installation of equipment.
(f) No officer, board, commission, or other public entity
charged with the enforcement of codes and ordinances involving
a professional engineering project shall accept for filing or
approval any technical submissions that do not bear the seal
and signature of a professional engineer licensed under this
Act.
(Source: P.A. 96-626, eff. 8-24-09.)
(225 ILCS 325/4) (from Ch. 111, par. 5204)
(Section scheduled to be repealed on January 1, 2020)
Sec. 4. Definitions. As used in this Act:
(a) "Address of record" means the designated address
recorded by the Department in the applicant's or licensee's
application file or license file maintained by the Department's
licensure maintenance unit. It is the duty of the applicant or
licensee to inform the Department of any change of address, and
such changes must be made either through the Department's
website or by directly contacting the Department.
(a-5) "Approved engineering curriculum" means an
engineering curriculum or program of 4 academic years or more
that which meets the standards established by the rules of the
Department.
(b) "Board" means the State Board of Professional Engineers
of the Department.
(c) "Department" means the Department of Financial and
Professional Regulation.
(d) "Design professional" means an architect, structural
engineer, or professional engineer practicing in conformance
with the Illinois Architecture Practice Act of 1989, the
Structural Engineering Practice Act of 1989 or the Professional
Engineering Practice Act of 1989.
(e) (Blank).
(f) "Direct supervision/responsible charge" means work
prepared under the control of a licensed professional engineer
or that work as to which that professional engineer has
detailed professional knowledge. The Department may further
define this term by rule.
(f-5) "Email address of record" means the designated email
address of record by the Department in the applicant's
application file or the licensee's license file as maintained
by the Department's licensure maintenance unit.
(g) "Engineering college" means a school, college,
university, department of a university or other educational
institution, reputable and in good standing in accordance with
rules prescribed by the Department, and which grants
baccalaureate degrees in engineering.
(h) "Engineering system or facility" means a system or
facility whose design is based upon the application of the
principles of science for the purpose of modification of
natural states of being.
(i) "Engineer intern" means a person who is a candidate for
licensure as a professional engineer and who has been enrolled
as an engineer intern.
(j) "Enrollment" means an action by the Department to
record those individuals who have met the Department's
requirements for an engineer intern.
(k) "License" means an official document issued by the
Department to an individual, a corporation, a partnership, a
professional service corporation, a limited liability company,
or a sole proprietorship, signifying authority to practice.
(l) "Negligence in the practice of professional
engineering" means the failure to exercise that degree of
reasonable professional skill, judgment and diligence normally
rendered by professional engineers in the practice of
professional engineering.
(m) "Professional engineer" means a person licensed under
the laws of the State of Illinois to practice professional
engineering.
(n) "Professional engineering" means the application of
science to the design of engineering systems and facilities
using the knowledge, skills, ability and professional judgment
developed through professional engineering education, training
and experience.
(o) "Professional engineering practice" means the
consultation on, conception, investigation, evaluation,
planning, and design of, and selection of materials to be used
in, administration of construction contracts for, or site
observation of, an engineering system or facility, where such
consultation, conception, investigation, evaluation, planning,
design, selection, administration, or observation requires
extensive knowledge of engineering laws, formulae, materials,
practice, and construction methods. A person shall be construed
to practice or offer to practice professional engineering,
within the meaning and intent of this Act, who practices, or
who, by verbal claim, sign, advertisement, letterhead, card, or
any other way, is represented to be a professional engineer, or
through the use of the initials "P.E." or the title "engineer"
or any of its derivations or some other title implies licensure
as a professional engineer, or holds himself or herself out as
able to perform any service which is recognized as professional
engineering practice.
Examples of the practice of professional engineering
include, but are not need not be limited to, transportation
facilities and publicly owned utilities for a region or
community, railroads, railways, highways, subways, canals,
harbors, river improvements; land development; stormwater
detention, retention, and conveyance, excluding structures
defined under Section 5 of the Structural Engineering Practice
Act of 1989 (225 ILCS 340/5); irrigation works; aircraft and
airports; traffic engineering; waterworks, piping systems,
sewers, sewage disposal works, storm sewer, sanitary sewer and
water system modeling; plants for the generation of power;
devices for the utilization of power; boilers; refrigeration
plants, air conditioning systems and plants; heating systems
and plants; plants for the transmission or distribution of
power; electrical plants which produce, transmit, distribute,
or utilize electrical energy; works for the extraction of
minerals from the earth; plants for the refining, alloying or
treating of metals; chemical works and industrial plants
involving the use of chemicals and chemical processes; plants
for the production, conversion, or utilization of nuclear,
chemical, or radiant energy; forensic engineering,
geotechnical engineering including, subsurface investigations;
soil and rock classification, geology and geohydrology,
incidental to the practice of professional engineering;
geohydrological investigations, migration pathway analysis
(including evaluation of building and site elements), soil and
groundwater management zone analysis and design; energy
analysis, environmental risk assessments, corrective action
plans, design, remediation, protection plans and systems,
hazardous waste mitigation and control, and environmental
control or remediation systems; recognition, measurement,
evaluation and control of environmental systems and emissions;
control systems, evaluation and design of engineered barriers,
excluding structures defined under Section 5 of the Structural
Engineering Practice Act of 1989 (225 ILCS 340/5); modeling of
pollutants in water, soil, and air; engineering surveys of
sites, facilities, and topography specific to a design project,
not including land boundary establishment; automated building
management systems; control or remediation systems; computer
controlled or integrated systems; automatic fire notification
and suppression systems; investigation and assessment of
indoor air inhalation exposures and design of abatement and
remediation systems; or the provision of professional
engineering site observation of the construction of works and
engineering systems. In the performance of any of the foregoing
functions, a licensee shall adhere to the standards of
professional conduct enumerated in 68 Ill. Adm. Code 1380.300.
Nothing contained in this Section imposes upon a person
licensed under this Act the responsibility for the performance
of any of the foregoing functions unless such person
specifically contracts to provide it. Nothing in this Section
shall preclude an employee from acting under the direct
supervision or responsible charge of a licensed professional
engineer.
(p) "Project representative" means the professional
engineer's representative at the project site who assists in
the administration of the construction contract.
(q) "Registered" means the same as "licensed" for purposes
of this Act.
(r) "Related science curriculum" means a 4-year 4 year
program of study, the satisfactory completion of which results
in a Bachelor of Science degree, and which contains courses
from such areas as life, earth, engineering and computer
sciences, including, but not limited to, physics and chemistry.
In the study of these sciences, the objective is to acquire
fundamental knowledge about the nature of its phenomena,
including quantitative expression, appropriate to particular
fields of engineering.
(s) "Rules" means the those rules adopted promulgated
pursuant to this Act.
(t) "Seal" means the seal in compliance with Section 14 of
this Act.
(t-5) "Secretary" means the Secretary of the Department of
Financial and Professional Regulation.
(u) "Site observation" means is visitation of the
construction site for the purpose of reviewing, as available,
the quality and conformance of the work to the technical
submissions as they relate to design.
(v) "Support design professional" means a professional
engineer practicing in conformance with the Professional
Engineering Practice Act of 1989, who provides services to the
design professional who has contract responsibility.
(w) "Technical submissions" are the designs, drawings, and
specifications which establish the scope and standard of
quality for materials, workmanship, equipment, and systems.
"Technical submissions" also includes, but are not limited to,
studies, analyses, calculations, and other technical reports
prepared in the course of the practice of professional
engineering or under the direct supervision and responsible
charge of a licensed professional engineer.
(Source: P.A. 96-626, eff. 8-24-09.)
(225 ILCS 325/4.5 new)
Sec. 4.5. Address of record; email address of record. All
applicants and licensees shall:
(1) provide a valid address and email address to the
Department, which shall serve as the address of record and
email address of record, respectively, at the time of
application for licensure or renewal of a license; and
(2) inform the Department of any change of address of
record or email address of record within 14 days after such
change either through the Department's website or by
contacting the Department's licensure maintenance unit.
(225 ILCS 325/5) (from Ch. 111, par. 5205)
(Section scheduled to be repealed on January 1, 2020)
Sec. 5. Powers and duties of the Department. The Subject to
the provisions of this Act, the Department shall exercise,
subject to the provisions of this Act, the following functions,
powers, and duties:
(a) Authorize examinations to ascertain the fitness
and qualifications of applicants for licensure and pass
upon the qualifications and fitness of applicants for
licensure by endorsement. To pass upon the qualifications
and conduct examinations of applicants for licensure as
professional engineers or enrollment as engineer interns
and pass upon the qualifications of applicants by
endorsement and issue a license or enrollment to those who
are found to be fit and qualified.
(b) Adopt rules required for the administration of this
Act. To prescribe rules for the method, conduct and grading
of the examination of applicants.
(c) Conduct hearings on proceedings to refuse to issue
or renew, restore, revoke, or suspend licenses or place on
probation or reprimand persons or entities licensed under
the provisions of this Act. To register corporations,
partnerships, professional service corporations, limited
liability companies, and sole proprietorships for the
practice of professional engineering and issue a
certificate of registration to those who qualify.
(d) Issue licenses to those who meet the requirements
of this Act. To conduct investigations and hearings
regarding violations of this Act and take disciplinary or
other actions as provided in this Act as a result of the
proceedings.
(e) Adopt To prescribe rules as to what shall
constitute a an professional engineering or related
science curriculum and to determine if a specific
engineering curriculum is in compliance with the rules, and
to terminate the approval of a specific engineering
curriculum for non-compliance with such rules.
(f) Adopt rules for what constitutes professional
engineering experience. To promulgate rules required for
the administration of this Act, including rules of
professional conduct.
(g) Maintain To maintain membership in the National
Council of Examiners for Engineering and Surveying and
participate in activities of the Council by designation of
individuals for the various classifications of membership,
the appointment of delegates for attendance at zone and
national meetings of the Council, and the funding of the
delegates for attendance at the meetings of the Council.
(h) Adopt rules for standards of professional conduct.
(i) Obtain To obtain written recommendations from the
Board regarding qualifications of individuals for
licensure and enrollment, definitions of curriculum
content and approval of engineering curricula, standards
of professional conduct and formal disciplinary actions,
and the adoption promulgation of the rules affecting these
matters.
Upon the issuance of any final decision or order that
deviates from any report or recommendation of the Board
relating to the qualification of applicants, discipline of
licensees or registrants, or adoption of rules, the
Secretary shall notify the Board on any such deviation and
shall specify with particularity the reasons for the action
in the final decision or order. Prior to issuance of any
final decision or order that deviates from any report or
recommendations of the Board relating to the qualification
of applicants, discipline of licensees or registrants, or
promulgation of rules, the Secretary shall notify the Board
in writing with an explanation of any such deviation. The
Department may at any time seek the expert advice and
knowledge of the Board on any matter relating to the
enforcement of this Act.
(i) Post To post on the Department's website, a
newsletter describing the most recent changes in this Act
and the rules adopted under this Act and containing
information of any final disciplinary action that has been
ordered under this Act since the date of the last
newsletter.
(j) Review To review such applicant qualifications to
sit for the examination or for licensure as the Board
designates pursuant to Section 7 of this Act.
(k) Conduct investigations related to possible
violations of this Act.
(Source: P.A. 96-626, eff. 8-24-09.)
(225 ILCS 325/6) (from Ch. 111, par. 5206)
(Section scheduled to be repealed on January 1, 2020)
Sec. 6. Board. Composition, qualifications and terms of the
Board.
(a) The Secretary shall appoint a Professional Engineering
Board. The Board shall consist of 10 members who shall serve in
an advisory capacity to the Secretary. All shall be residents
of Illinois. 9 members shall (i) currently hold a valid
professional engineering license in Illinois and shall have
held the license under this Act for the previous 10-year period
and (ii) have not been disciplined within the last 10-year
period under this Act. In addition to the 9 professional
engineers, there shall be one public member. The public member
shall be a voting member and shall not be licensed under this
Act or any other design profession licensing Act that the
Department administers.
(b) Board members shall serve 5-year terms and until their
successors are appointed and qualified.
(c) In appointing members to the Board, the Secretary shall
give due consideration to recommendations by members and
organizations of the professional engineering profession.
(d) The membership of the Board should reasonably reflect
representation from the geographic areas in this State.
(e) No member shall be reappointed to the Board for a term
which would cause his or her continuous service on the Board to
be longer than 2 consecutive 5-year terms.
(f) Appointments to fill vacancies shall be made in the
same manner as original appointments for the unexpired portion
of the vacated term.
(g) Six members shall constitute a quorum. A quorum is
required for Board decisions.
(h) The Secretary may remove any member of the Board for
misconduct, incompetence, or neglect of duty or for reasons
prescribed by law for removal of State officials. The Secretary
may remove a member of the Board who does not attend 2
consecutive meetings.
(i) Notice of proposed rulemaking shall be transmitted to
the Board, and the Department shall review the response of the
Board and any recommendations made therein.
(j) Members of the Board shall not be liable for damages in
any action or proceeding as a result of activities performed as
members of the Board, except upon proof of actual malice.
(k) Members of the Board shall be reimbursed for all
legitimate, necessary, and authorized expenses.
(a) The Board shall be appointed by the Secretary and shall
consist of 10 members, one of whom shall be a public member and
9 of whom shall be professional engineers licensed under this
Act. In addition each member who is a professional engineer
shall:
(1) be a citizen of the United States, and
(2) be a resident of this State.
(b) In addition, each member who is a professional engineer
shall:
(1) have not less than 12 years of experience in the
practice of professional engineering, and shall hold an
active license as a professional engineer in Illinois;
(2) have been in charge of professional engineering
work for at least 5 years. For the purposes of this
Section, any period in which a person has been in charge of
teaching engineering in an engineering college with the
rank of assistant professor or higher shall be considered
as time in which such person was in charge of professional
engineering work.
The terms for all members shall be for 5 years. On the
expiration of the term of any member or in the event of a
vacancy, the Secretary shall appoint a member who shall hold
office until the expiration of the term for which the member is
appointed and until a successor has been appointed and
qualified.
No member shall be reappointed to the Board for a term
which would cause that individual's lifetime service on the
Board to be longer than 15 years.
In implementing the 5 year terms, the Secretary shall vary
the terms to enable the Board to have no more than 2 terms
expire in any one year.
The public member shall be a voting member and shall not
hold a license as an architect, professional engineer,
structural engineer, or a land surveyor. The public member
shall be an Illinois resident and a citizen of the United
States.
In making appointments to the Board, the Secretary shall
give due consideration to recommendations by members of the
profession and by organizations therein.
The Secretary may remove any member of the Board for
misconduct, incompetence, neglect of duty or for reasons
prescribed by law for removal of State officials.
The Secretary may remove a member of the Board who does not
attend 2 consecutive meetings.
A quorum of the Board shall consist of 6 Board members. A
quorum is required for Board decisions.
Each member of the Board may receive compensation as
determined by the Secretary and shall be reimbursed for all
actual traveling expenses.
Members of the Board shall be immune from suit in any
action based upon any disciplinary proceedings or other
activities performed in good faith as members of the Board.
Persons holding office as members of the Board immediately
prior to the effective date of this Act under the Act repealed
herein shall continue as members of the Board until the
expiration of the term for which they were appointed and until
their successors are appointed and qualified.
(Source: P.A. 96-626, eff. 8-24-09.)
(225 ILCS 325/7) (from Ch. 111, par. 5207)
(Section scheduled to be repealed on January 1, 2020)
Sec. 7. Powers and duties of the Board. Subject to the
provisions of this Act, the Board shall exercise the following
functions, powers, and duties:
(a) The Board shall hold at least 3 regular meetings
each year. Review applicant qualifications to sit for the
examination or for licensure and shall make
recommendations to the Department except for those
applicant qualifications that the Board designates as
routinely acceptable;
(b) The Board shall annually elect a chairperson and a
vice chairperson who shall be Illinois licensed
professional engineers. The Board may appoint a
subcommittee to serve as a Complaint Committee to recommend
the disposition of case files according to procedures
established by rule in 68 Ill. Adm. Code 1380.305, and any
changes and amendments thereto;
(c) The Board, upon request by the Department, may make
a curriculum evaluation to approve a professional engineer
program, a non-approved engineering program, and related
science curriculum and submit to the Secretary a written
recommendation of acceptability of a curriculum. Conduct
hearings regarding disciplinary actions and submit a
written report and recommendations to the Secretary as
required by this Act and to provide a Board member at
informal conferences;
(d) The Department may at any time seek the expert
advice and knowledge of the Board on any matter relating to
the enforcement of this Act. Make visits to universities or
colleges to evaluate engineering curricula or to otherwise
evaluate engineering curricula and submit to the Secretary
a written recommendation of acceptability of a curriculum;
(e) The Board may appoint a subcommittee to serve as a
Complaint Committee to recommend the disposition of case
files according to procedures established by rule. Submit a
written recommendation to the Secretary concerning
promulgation of rules as required in Section 5 and to
recommend to the Secretary any rules or amendments thereto
for the administration of this Act;
(f) The Board shall assist the Department in conducting
oral interviews, disciplinary conferences, informal
conferences, and formal evidentiary hearings. Hold at
least 3 regular meetings each year;
(g) The Board shall review applicant qualifications to
sit for the examination or for licensure and shall make
recommendations to the Department except for those
applicant qualifications that the Board designates as
routinely acceptable. Elect annually a chairperson and a
vice-chairperson who shall be professional engineers; and
(h) Submit written comments to the Secretary within 30
days from notification of any final decision or order from
the Secretary that deviates from any report or
recommendation of the Board relating to the qualification
of applicants, discipline of licensees or registrants, or
promulgation of rules.
(Source: P.A. 96-626, eff. 8-24-09.)
(225 ILCS 325/8) (from Ch. 111, par. 5208)
(Section scheduled to be repealed on January 1, 2020)
Sec. 8. Applications for licensure.
(a) Applications for original licenses shall be made to the
Department in writing on forms or electronically as prescribed
by the Department and shall be accompanied by the required fee,
which shall not be refundable. All applications shall contain
information that, in the judgment of the Department, will
enable the Department to pass on the qualifications of the
applicant for a license as a professional engineer or engineer
intern. The Department may require an applicant, at the
applicant's expense, to have an evaluation of the applicant's
education in a foreign country by a nationally recognized
evaluation service approved by the Department in accordance
with rules adopted by the Department. Applications for
licensure shall (1) be on forms prescribed and furnished by the
Department, (2) contain statements made under oath showing the
applicant's education and a detailed summary of the applicant's
technical work, and (3) contain references as required by the
Department.
(b) Applicants have 3 years from the date of application to
complete the application process. If the process has not been
completed in 3 years, the application shall be denied, the fee
shall be forfeited, and the applicant must reapply and meet the
requirements in effect at the time of reapplication. Applicants
shall have obtained the education and experience as required in
Section 10 or Section 11 prior to submittal of application for
licensure. Allowable experience shall commence at the date of
the baccalaureate degree, except:
(1) Credit for one year of experience shall be given
for a graduate of a baccalaureate curriculum providing a
cooperative program, which is supervised industrial or
field experience of at least one academic year which
alternates with periods of full-time academic training,
when such program is certified by the university, or
(2) Partial credit may be given for professional
engineering experience as defined by rule for employment
prior to receipt of a baccalaureate degree if the
employment is full-time while the applicant is a part-time
student taking fewer than 12 hours per semester or 8 hours
per quarter to earn the degree concurrent with the
full-time engineering experience.
(3) If an applicant files an application and supporting
documents containing a material misstatement of
information or a misrepresentation for the purpose of
obtaining licensure or enrollment or if an applicant
performs any fraud or deceit in taking any examination to
qualify for licensure or enrollment under this Act, the
Department may issue a rule of intent to deny licensure or
enrollment and may conduct a hearing in accordance with
Sections 26 through 33 and Sections 37 and 38 of this Act.
The Board may conduct oral interviews of any applicant
under Sections 10, 11, or 19 to assist in the evaluation of the
qualifications of the applicant.
It is the responsibility of the applicant to supplement the
application, when requested by the Board, by provision of
additional documentation of education, including transcripts,
course content and credentials of the engineering college or
college granting related science degrees, or of work experience
to permit the Board to determine the qualifications of the
applicant. The Department may require an applicant, at the
applicant's expense, to have an evaluation of the applicant's
education in a foreign country by a nationally recognized
evaluating service approved by the Department.
An applicant who graduated from an engineering program
outside the United States or its territories and whose first
language is not English shall submit certification of passage
of the Test of English as a Foreign Language (TOEFL) and a test
of spoken English as defined by rule. However, any such
applicant who subsequently earns an advanced degree from an
accredited educational institution in the United States or its
territories shall not be subject to this requirement.
(Source: P.A. 98-993, eff. 1-1-15.)
(225 ILCS 325/9) (from Ch. 111, par. 5209)
(Section scheduled to be repealed on January 1, 2020)
Sec. 9. Licensure qualifications; Examinations; Failure or
refusal to take examinations.
(a) The Department shall authorize examinations of
applicants for a license under this Act at such times and
places as it may determine by rule. The examinations shall be
of a character to give a fair test of the qualifications of the
applicant to practice as a professional engineer or engineer
intern.
(b) Applicants for examination are required to pay, either
to the Department or the designated testing service, a fee
covering the cost of providing the examination. Failure to
appear for the examination on the scheduled date, at the time
and place specified, after the applicant's application for
examination has been received and acknowledged by the
Department or the designated testing service, shall result in
the forfeiture of the examination fee.
(c) If an applicant fails to pass an examination for
licensure under this Act within 3 years after filing the
application, the application shall be denied. However, such
applicant may thereafter make a new application for examination
accompanied by the required fee and must furnish proof of
meeting the qualifications for examination in effect at the
time of new application.
Examinations provided for by this Act shall be conducted under
rules prescribed by the Department. Examinations shall be held
not less frequently than semi-annually, at times and places
prescribed by the Department, of which applicants shall be
notified by the Department in writing.
Examinations of the applicants who seek to practice
professional engineering shall ascertain: (a) if the applicant
has an adequate understanding of the basic and engineering
sciences, which shall embrace subjects required of candidates
for an approved baccalaureate degree in engineering, and (b) if
the training and experience of the applicant have provided a
background for the application of the basic and engineering
sciences to the solution of engineering problems. The
Department may by rule prescribe additional subjects for
examination. If an applicant neglects, fails to take, or
refuses to take the next available examination offered for
licensure under this Act within 3 years after filing the
application, the fee paid by the applicant shall be forfeited
and the application denied. If an applicant fails to pass an
examination for licensure under this Act within 3 years after
filing the application, the application shall be denied.
However, such applicant may thereafter make a new application
for examination, accompanied by the required fee.
(Source: P.A. 96-626, eff. 8-24-09.)
(225 ILCS 325/10) (from Ch. 111, par. 5210)
(Section scheduled to be repealed on January 1, 2020)
Sec. 10. Minimum standards for licensure as professional
engineer.
(a) To qualify for licensure as a professional engineer,
each applicant shall be:
(1) (a) a graduate of an approved engineering
curriculum of at least 4 years who submits acceptable
evidence to the Board of an additional 4 years or more of
experience in engineering work of a grade and character
that which indicate that the individual may be competent to
practice professional engineering, and who has passed an
examination in the fundamentals of engineering as defined
by rule and an examination in the principles and practice
of engineering as defined by rule. Upon submitting an
application with proof of passing both examinations, the
applicant, if otherwise qualified, shall be granted a
license to practice professional engineering in this
State; or
(2) (b) a graduate of a non-approved engineering
curriculum or a related science curriculum of at least 4
years and which meets the requirements as set forth by rule
by submitting an application to the Department for its
review and approval, who submits acceptable evidence to the
Board of an additional 8 years or more of experience in
engineering work of a grade and character which indicate
that the individual may be competent to practice
professional engineering, and who has passed an
examination in the fundamentals of engineering as defined
by rule and an examination in the principles and practice
of engineering as defined by rule. Upon submitting the
application with proof of passing both examinations, the
applicant, if otherwise qualified, shall be granted a
license to practice professional engineering in this
State; or
(3) (c) an Illinois engineer intern, by application and
payment of the required fee, may then take an examination
in the principles and practice of engineering as defined by
rule. If the applicant passes that examination and submits
evidence to the Board that meets the experience
qualification of paragraph (1) or (2) subsection (a) or (b)
of this Section, the applicant, if otherwise qualified,
shall be granted a license to practice professional
engineering in this State.
(b) Allowable experience for licensure shall commence at
the date of the baccalaureate degree, except for experience
gained while the applicant is a part-time student taking fewer
than 12 hours per semester or 8 hours per quarter to earn the
degree concurrent with the full-time engineering experience.
(c) When considering an applicant's qualifications for
licensure under this Act, the Department may take into
consideration whether an applicant has engaged in conduct or
actions that would constitute a violation of the Standards of
Professional Conduct for this Act as provided for by
administrative rules.
(Source: P.A. 97-333, eff. 8-12-11; 98-713, eff. 7-16-14.)
(225 ILCS 325/11) (from Ch. 111, par. 5211)
(Section scheduled to be repealed on January 1, 2020)
Sec. 11. Minimum standards for examination for enrollment
as engineer intern. Each of the following is considered a
minimum standard that an applicant must satisfy to qualify for
enrollment as an engineer intern:
(a) A graduate of an approved engineering curriculum of
at least 4 years, who has passed an examination in the
fundamentals of engineering as defined by rule, shall be
enrolled as an engineer intern, if the applicant is
otherwise qualified; or
(b) An applicant in the last year of an approved
engineering curriculum who passes an examination in the
fundamentals of engineering as defined by rule and
furnishes proof that the applicant graduated within a
12-month 12 month period following the examination shall be
enrolled as an engineer intern, if the applicant is
otherwise qualified; or
(c) A graduate of a non-approved engineering
curriculum or a related science curriculum of at least 4
years and which meets the requirements as set forth by rule
by submitting an application to the Department for its
review and approval, who submits acceptable evidence to the
Board of an additional 4 years or more of progressive
experience in engineering work, and who has passed an
examination in the fundamentals of engineering as defined
by rule shall be enrolled as an engineer intern, if the
applicant is otherwise qualified.
(Source: P.A. 98-713, eff. 7-16-14; 99-78, eff. 7-20-15.)
(225 ILCS 325/12) (from Ch. 111, par. 5212)
(Section scheduled to be repealed on January 1, 2020)
Sec. 12. Educational credits or teaching as equivalent of
experience.
(a) After earning an acceptable baccalaureate degree as
required by paragraph (1) or (2) of subsection (a) or (b) of
Section 10 in engineering or related science and upon
completion of a Master's degree in engineering, the applicant
may receive one year of experience credit. Upon completion of a
Ph.D. in engineering, an applicant may receive an additional
year experience credit for a maximum of 2 years.
(b) Teaching engineering subjects in an engineering
college at a rank of instructor or above is considered
experience in engineering.
(c) (Blank).
(Source: P.A. 91-92, eff. 1-1-00; 92-145, eff. 1-1-02.)
(225 ILCS 325/14) (from Ch. 111, par. 5214)
(Section scheduled to be repealed on January 1, 2020)
Sec. 14. Seal. Every professional engineer shall have a
reproducible seal or stamp, which may be computer generated,
the imprint of which shall the print of which shall be
reproducible and contain the name of the professional engineer,
the professional engineer's license number, and the words
"Licensed Professional Engineer of Illinois". Any reproducible
stamp heretofore authorized under the laws of this State state
for use by a professional engineer, including those with the
words "Registered Professional Engineer of Illinois", shall
serve the same purpose as the seal provided for by this Act.
The engineer shall be responsible for his or her seal and
signature as defined by rule. When technical submissions are
prepared utilizing a computer or other electronic means, the
seal may be generated by the computer. The licensee may
provide, at his or her sole discretion, an original signature
in the licensee's handwriting, a scanned copy of the technical
submission bearing an original signature, or a signature
generated by a computer.
The use of a professional engineer's seal on technical
submissions constitutes a representation by the professional
engineer that the work has been prepared by or under the
personal supervision of the professional engineer or developed
in conjunction with the use of accepted engineering standards.
The use of the seal further represents that the work has been
prepared and administered in accordance with the standards of
reasonable professional skill and diligence.
It is unlawful to affix one's seal to technical submissions
if it masks the true identity of the person who actually
exercised direction, control and supervision of the
preparation of such work. A professional engineer who seals and
signs technical submissions is not responsible for damage
caused by subsequent changes to or uses of those technical
submissions, where the subsequent changes or uses, including
changes or uses made by State or local governmental agencies,
are not authorized or approved by the professional engineer who
originally sealed and signed the technical submissions.
(Source: P.A. 98-289, eff. 1-1-14.)
(225 ILCS 325/15) (from Ch. 111, par. 5215)
(Section scheduled to be repealed on January 1, 2020)
Sec. 15. Technical submissions.
(a) Technical submissions are the designs, drawings, and
specifications that establish the scope of the professional
engineering project, the standard of quality for materials,
workmanship, equipment, and constructions systems, and the
studies and other technical reports and calculations prepared
in the course of the practice of professional engineering. All
technical submissions prepared by or under the personal
supervision of a professional engineer shall bear that
professional engineer's seal, signature, and license
expiration date. The licensee's written signature and date of
signing, along with the date of license expiration, shall be
placed adjacent to the seal. Computer generated signatures are
not permitted.
(b) All technical submissions intended for use in the State
of Illinois shall be prepared and administered in accordance
with standards of reasonable professional skill and diligence.
Care shall be taken to reflect the requirements of State
statutes and, where applicable, county and municipal
ordinances in such submissions. In recognition that
professional engineers are licensed for the protection of the
public, health, safety, and welfare, submissions shall be of
such quality and scope, and be so administered, as to conform
to professional standards.
(c) No officer, board, commission, or other public entity
that receives technical submissions shall accept for filing or
approval any technical submissions relating to services
requiring the involvement of a professional engineer that do
not bear the seal and signature of a professional engineer
licensed under this Act.
(d) It is unlawful to affix one's seal to technical
submissions if it masks the true identity of the person who
actually exercised responsible control of the preparation of
such work. A professional engineer who seals and signs
technical submissions is not responsible for damage caused by
subsequent changes to or uses of those technical submissions
where the subsequent changes or uses, including changes or uses
made by State or local governmental agencies, are not
authorized or approved in writing by the professional engineer
who originally sealed and signed the technical submissions.
(e) The professional engineer who has contract
responsibility shall seal a cover sheet of the technical
submissions, and those individual portions of the technical
submissions for which the professional engineer is legally and
professionally responsible. The professional engineer
practicing as the support design professional shall seal those
individual portions of technical submissions for which the
professional engineer is legally and professionally
responsible.
All technical submissions intended for use in construction
in the State of Illinois shall be prepared and administered in
accordance with standards of reasonable professional skill and
diligence. Care shall be taken to reflect the requirements of
State statutes and, where applicable, county and municipal
ordinances in such documents. In recognition that professional
engineers are licensed for the protection of the public health,
safety and welfare, documents shall be of such quality and
scope, and be so administered as to conform to professional
standards.
(Source: P.A. 91-92, eff. 1-1-00; 92-145, eff. 1-1-02.)
(225 ILCS 325/16) (from Ch. 111, par. 5216)
(Section scheduled to be repealed on January 1, 2020)
Sec. 16. Display Issuance of license. Whenever the
provisions of this Act have been complied with the Department
may issue a license as a professional engineer and enroll the
engineer intern. Every holder of a license under this Act as a
professional engineer shall display the license in a
conspicuous place in his or her the professional engineer's
principal office, place of business, or place of employment.
It is the professional engineer's and engineer intern's
responsibility to inform the Department of any change of
address.
(Source: P.A. 96-626, eff. 8-24-09.)
(225 ILCS 325/17) (from Ch. 111, par. 5217)
(Section scheduled to be repealed on January 1, 2020)
Sec. 17. Renewal, reinstatement, or restoration of
license; persons in military service Licensure; Renewal;
Restoration; Person in military service; Retired.
(a) The expiration date and renewal period for each
professional engineer license issued under this Act shall be
set by the Department by rule. The holder of a license may
renew such license during the month preceding the expiration
date by paying the required fee. The enrollment of an engineer
intern shall not expire.
(b) A professional engineer who has permitted his or her
license to expire or has had his or her license placed on
inactive status may have his or her Any person whose license
has expired or whose license is on inactive status may have
such license restored by making application to the Department
and filing proof acceptable to the Department of his or her
that person's fitness to have his or her such license restored,
including, but not limited to, which may include sworn evidence
certifying to active practice in another jurisdiction
satisfactory to the Department and by paying the required
restoration fee as determined by rule. If the person has not
maintained an active practice in another jurisdiction
satisfactory to the Department, the Board shall determine, by
an evaluation program established by rule, the person's fitness
to resume active status and may require the person to complete
a period of evaluated experience and may require successful
completion of the principles and practice examination.
(c) A professional engineer whose license has expired while
engaged (1) in federal service on active duty with the Armed
Forces of the United States or the State Militia called into
service or training, or (2) in training or education under the
supervision of the United States before induction into the
military service, may have the license restored or reinstated
without paying any lapsed reinstatement, renewal, or
restoration fees if within 2 years after termination other than
by dishonorable discharge of such service, training, or
education and the Department is furnished with satisfactory
evidence that the licensee has been so engaged in the practice
of professional engineering and that such service, training, or
education has been so terminated. However, any person whose
license expired while that person was (1) in Federal Service on
active duty with the Armed Forces of the United States, or the
State Militia called into service or training, or (2) in
training or education under the supervision of the United
States preliminary to induction into the military service, may
have such license renewed or restored without paying any lapsed
renewal fees if, within 2 years after honorable termination of
such service, training, or education, except under conditions
other than honorable, the Department is furnished with
satisfactory evidence that the person has been so engaged and
has maintained professional competence and that such service,
training or education has been so terminated.
(d) The enrollment of an engineer intern does not expire.
Each application for renewal shall contain the original
seal and signature of the professional engineer. Applicants for
renewal or restoration shall certify that all conditions of
their license meet the requirements of the Illinois
Professional Engineering Practice Act of 1989.
(e) Any person who has been duly licensed as a professional
engineer by the Department and who chooses to deactivate or not
renew his or her license may use the title "Professional
Engineer, Retired". Those persons using the title
"Professional Engineer, Retired" may request restoration to
active status under the applicable provisions of Sections 17,
17.5, and 18 of this Act.
The use of the title "Professional Engineer, Retired" shall
not constitute representation of current licensure. Any person
without an active license shall not be permitted to practice
engineering as defined in this Act.
Nothing in this Section shall be construed to require the
Department to issue any certificate, credential, or other
document indicating that a person has been granted the title,
"Professional Engineer, Retired".
(Source: P.A. 96-626, eff. 8-24-09.)
(225 ILCS 325/17.5)
(Section scheduled to be repealed on January 1, 2020)
Sec. 17.5. Continuing education. The Department may adopt
promulgate rules of continuing education for persons licensed
under this Act. The Department shall consider the
recommendations of the Board in establishing the guidelines for
the continuing education requirements. The requirements of
this Section apply to any person seeking renewal or restoration
under Section 17 or 18 of this Act. For the purposes of this
Act, continuing education shall also be known as professional
development.
(Source: P.A. 91-92, eff. 1-1-00.)
(225 ILCS 325/18) (from Ch. 111, par. 5218)
(Section scheduled to be repealed on January 1, 2020)
Sec. 18. Inactive status. A person licensed under this Act
who notifies the Department, in writing on forms prescribed by
the Department, may elect to place his or her that person's
license on an inactive status and shall, subject to rules, be
excused from payment of renewal fees until the Department is
notified in writing of that person's desire to resume active
status.
Any professional engineer whose license is in inactive
status shall not practice professional engineering in the State
of Illinois.
Any person requesting restoration from inactive status is
required to pay the current renewal fee and is required to seek
restoration of license as provided in Section 17 of this Act.
Any professional engineer whose license is in an inactive
status shall not practice professional engineering in the State
of Illinois.
(Source: P.A. 86-667.)
(225 ILCS 325/19) (from Ch. 111, par. 5219)
(Section scheduled to be repealed on January 1, 2020)
Sec. 19. Endorsement.
(a) The Department may, upon application in writing on
forms or electronically accompanied by the recommendation of
the Board, license as a professional engineer, on payment of
the required fee, issue a license as a professional engineer to
an applicant already who is a professional engineer registered
or licensed under the laws of another state, the District of
Columbia, or a territory of the United States, or the District
of Columbia or a party parties to the North American Free Trade
Agreement if the applicant qualifies under Section 8 and
Section 10 of this Act, or if the requirements for licensure in
that qualifications of the applicant were at the time of
registration or licensure in another jurisdiction were, at the
time of original licensure, substantially equivalent equal to
the requirements then in force in this State on that date.
The Department may refuse to endorse the applicants from
any state, District of Columbia or territory if the
requirements for registration or licensure in such
jurisdiction are not substantially equal to the requirements of
this Act.
(b) If the accuracy of any submitted documentation or
relevance or sufficiency of the course work or experience is
questioned by the Department or the Board because of a lack of
information, discrepancies, or conflicts in information given
or a need for clarification, the applicant seeking licensure
may be required to provide additional information.
(c) Applicants have 3 years from the date of application to
complete the application process. If the process has not been
completed during the 3-year 3 year time frame, the application
shall be denied, the fee forfeited, and the applicant must
reapply and meet the requirements in effect at the time of
reapplication.
(Source: P.A. 96-626, eff. 8-24-09.)
(225 ILCS 325/20) (from Ch. 111, par. 5220)
(Section scheduled to be repealed on January 1, 2020)
Sec. 20. Fees.
(a) The Department shall provide by rule for a schedule of
fees to be paid for licenses by all applicants. All fees are
not refundable.
(b) The fees for the administration and enforcement of this
Act, including but not limited to original licensure, renewal,
and restoration, shall be set by rule by the Department.
(c) All the fees and fines collected as authorized under
this Act pursuant to this Section shall be deposited into in
the Design Professionals Administration and Investigation
Fund. Of the moneys deposited into the Design Professionals
Administration and Investigation Fund, the Department may use
such funds as necessary and available to produce and distribute
newsletters to persons licensed under this Act.
(Source: P.A. 91-92, eff. 1-1-00.)
(225 ILCS 325/20.5 new)
Sec. 20.5. Returned checks; fines. Any person who delivers
a check or other payment to the Department that is returned to
the Department unpaid by the financial institution upon which
it is drawn shall pay to the Department, in addition to the
amount already owed to the Department, a fine of $50. The fines
imposed by this Section are in addition to any other discipline
provided under this Act for unlicensed practice or practice on
a nonrenewed license. The Department shall notify the person
that payment of fees and fines shall be paid to the Department
by certified check or money order within 30 calendar days of
the notification. If, after the expiration of 30 days from the
date of the notification, the person has failed to submit the
necessary remittance, the Department shall automatically
terminate the license or deny the application, without hearing.
If, after termination or denial, the person seeks a license, he
or she shall apply to the Department for restoration or
issuance of the license and pay all fees and fines due to the
Department. The Department may establish a fee for the
processing of an application for restoration of a license to
pay all expenses of processing this application. The Secretary
may waive the fines due under this Section in individual cases
where the Secretary finds that the fines would be unreasonable
or unnecessarily burdensome.
(225 ILCS 325/20.10 new)
Sec. 20.10. Unlicensed practice; violation; civil penalty.
(a) Any person who practices, offers to practice, attempts
to practice, or holds himself or herself out to practice as a
professional engineer or engineer intern without being
licensed or exempt under this Act shall, in addition to any
other penalty provided by law, pay a civil penalty to the
Department in an amount not to exceed $10,000 for each offense,
as determined by the Department. The civil penalty shall be
assessed by the Department after a hearing is held in
accordance with this Act regarding the provision of a hearing
for the discipline of a licensee.
(b) A firm or business that offers design services under
this Act without being registered as a professional design firm
or exempt under this Act shall, in addition to any other
penalty provided by law, pay a civil penalty to the Department
in an amount not to exceed $10,000 for each offense, as
determined by the Department. The civil penalty shall be
assessed by the Department after a hearing is held in
accordance with this Act regarding the provision of a hearing
for the discipline of a licensee.
(c) The Department may investigate any actual, alleged, or
suspected unlicensed activity.
(d) The civil penalty shall be paid within 60 days after
the effective date of the order imposing the civil penalty. The
order shall constitute a final judgment and may be filed and
execution had thereon in the same manner as any judgment from
any court of record.
(e) A person or entity not licensed or registered under
this Act that has violated any provision of this Act or its
rules is guilty of a Class A misdemeanor for the first offense
and a Class 4 felony for a second and subsequent offenses.
(225 ILCS 325/23) (from Ch. 111, par. 5223)
(Section scheduled to be repealed on January 1, 2020)
Sec. 23. Professional design firm registration.
(a) Nothing in this Act shall prohibit the formation, under
the provisions of the Professional Service Corporation Act, as
amended, of a corporation to practice professional
engineering.
Any business, including a Professional Service
Corporation, that includes within its stated purposes or
practices, or holds itself out as available to practice,
professional engineering shall be registered with the
Department pursuant to the provisions set forth in this
Section.
Any sole proprietorship not owned and operated by an
Illinois licensed design professional licensed under this Act
shall be prohibited from offering professional engineering
services to the public. Any sole proprietorship owned and
operated by a professional engineer with an active license
issued under this Act and conducting or transacting such
business under an assumed name in accordance with the
provisions of the Assumed Business Name Act shall comply with
the registration requirements of a professional design firm.
Any sole proprietorship owned and operated by a professional
engineer with an active license issued under this Act and
conducting or transacting such business under the real name of
the sole proprietor is exempt from the registration
requirements of a professional design firm. "Illinois licensed
design professional" means a person who holds an active license
as a professional engineer under this Act, as an architect
under the Illinois Architecture Practice Act of 1989, or as a
structural engineer under the Structural Engineering Practice
Act of 1989.
(b) Any professional design firm seeking to be registered
pursuant to the provisions of this Section shall not be
registered unless one or more managing agents in charge of
professional engineering activities in this State are
designated by the professional design firm. Each managing agent
must at all times maintain a valid, active license to practice
professional engineering in Illinois.
No individual whose license to practice professional
engineering in this State is currently in a suspended or
revoked status shall act as a managing agent for a professional
design firm.
(c) Any business seeking to be registered under this
Section shall make application on a form provided by the
Department and shall provide such information as requested by
the Department, which shall include, but not be limited to:
(1) the name and license number of the person
designated as the managing agent in responsible charge of
the practice of professional engineering in Illinois. In
the case of a corporation, the corporation shall also
submit a certified copy of the resolution by the board of
directors designating the managing agent. In the case of a
limited liability company, the company shall submit a
certified copy of either its articles of organization or
operating agreement designating the managing agent;
(2) the names and license numbers of the directors, in
the case of a corporation, the members, in the case of a
limited liability company, or general partners, in the case
of a partnership;
(3) a list of all office locations at which the
professional design firm provides professional engineering
services to the public; and
(4) a list of all assumed names of the business.
Nothing in this Section shall be construed to exempt a
professional design firm, sole proprietorship, or
professional service corporation from compliance with the
requirements of the Assumed Business Name Act.
It is the responsibility of the professional design firm to
provide the Department notice, in writing, of any changes in
the information requested on the application.
(d) The Department shall issue to each business a
certificate of registration to practice professional
engineering or offer the services of its licensees in this
State upon submittal of a proper application for registration
and payment of fees. The expiration date and renewal period for
each registration and renewal procedures shall be established
by rule.
(e) In the event a managing agent is terminated or
terminates his or her status as managing agent of the
professional design firm, the managing agent and the
professional design firm shall notify the Department of this
fact in writing, by regular certified mail or email, within 10
business days of such termination. Thereafter, the
professional design firm, if it has so informed the Department,
shall have 30 days in which to notify the Department of the
name and license number of a newly designated managing agent.
If a corporation, the corporation shall also submit a certified
copy of a resolution by the board of directors designating the
new managing agent. If a limited liability company, the company
shall also submit a certified copy of either its articles of
organization or operating agreement designating the new
managing agent. The Department may, upon good cause shown,
extend the original 30-day 30 day period.
If the professional design firm has not notified the
Department in writing, by regular certified mail or email
within the specified time, the registration shall be terminated
without prior hearing. Notification of termination shall be
sent by regular certified mail or email to the last known
address of the business. If the professional design firm
continues to operate and offer professional engineering
services after the termination, the Department may seek
prosecution under Sections 21 and 24, 39, and 40 of this Act
for the unlicensed practice of professional engineering.
(f) No professional design firm shall be relieved of
responsibility for the conduct or acts of its agent, employees,
members, managers, or officers by reason of its compliance with
this Section, nor shall any individual practicing professional
engineering be relieved of the responsibility for professional
services performed by reason of the individual's employment or
relationship with a professional design firm registered under
this Section.
(g) Disciplinary action against a professional design firm
registered under this Section shall be administered in the same
manner and on the same grounds as disciplinary action against a
licensed professional engineer. All disciplinary action taken
or pending against a corporation or partnership before the
effective date of this amendatory Act of 1993 shall be
continued or remain in effect without the Department filing
separate actions.
(Source: P.A. 91-91, eff. 1-1-00; 91-92, eff. 1-1-00; 92-16,
eff. 6-28-01.)
(225 ILCS 325/24) (from Ch. 111, par. 5224)
(Section scheduled to be repealed on January 1, 2020)
Sec. 24. Grounds for Rules of professional conduct;
disciplinary or administrative action.
(a) The Department may refuse to issue or renew a license
or registration, or may revoke, suspend, place on probation,
reprimand, or take other disciplinary or non-disciplinary
action as the Department may deem proper, including fines not
to exceed $10,000 per violation, with regard to any license
issued under this Act, for any one or a combination of the
following reasons: The Department shall adopt rules setting
standards of professional conduct and establish appropriate
penalties for the breach of such rules.
(a-1) The Department may, singularly or in combination,
refuse to issue, renew, or restore a license or may revoke,
suspend, place on probation, reprimand, or take other
disciplinary or non-disciplinary action with regard to a person
licensed under this Act, including but not limited to, the
imposition of a fine not to exceed $10,000 per violation upon
any person, corporation, partnership, or professional design
firm licensed or registered under this Act, for any one or
combination of the following causes:
(1) Material misstatement in furnishing information to
the Department.
(2) Negligence, incompetence, or misconduct in the
practice of professional engineering. Violations of this
Act or any of its rules.
(3) Failure to comply with any provisions of this Act
or any of its rules. Conviction of or entry of a plea of
guilty or nolo contendere to any crime that is a felony
under the laws of the United States or any state or
territory thereof, or that is a misdemeanor, an essential
element of which is dishonesty, or any crime that is
directly related to the practice of engineering.
(4) Fraud or any misrepresentation in applying for or
procuring a license under this Act or in connection with
applying for renewal or restoration of a license under this
Act. Making any misrepresentation for the purpose of
obtaining, renewing, or restoring a license or violating
any provision of this Act or the rules promulgated under
this Act pertaining to advertising.
(5) Purposefully making false statements or signing
false statements, certificates, or affidavits to induce
payment. Willfully making or signing a false statement,
certificate, or affidavit to induce payment.
(6) Conviction of or entry of a plea of guilty or nolo
contendere, finding of guilt, jury verdict, or entry of
judgment or sentencing, including, but not limited to,
convictions, preceding sentences of supervision,
conditional discharge or first offender probation under
the laws of any jurisdiction of the United States that is
(i) a felony or (ii) a misdemeanor, an essential element of
which is dishonesty, that is directly related to the
practice of the profession of professional engineering.
Negligence, incompetence or misconduct in the practice of
professional engineering as a licensed professional
engineer or in working as an engineer intern.
(7) Aiding or assisting another person in violating any
provision of this Act or its rules.
(8) Failing to provide information in response to a
written request made by the Department within 60 30 days
after receipt of such written request.
(9) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public.
(10) Habitual or excessive use or abuse of drugs
defined in law as controlled substances, of alcohol,
narcotics, stimulants, or any other substances that
results in the inability to practice with reasonable
judgment, skill, or safety. Inability to practice the
profession with reasonable judgment, skill, or safety as a
result of a physical illness, including, but not limited
to, deterioration through the aging process or loss of
motor skill, or mental illness or disability.
(11) A finding by the Department that an applicant or
licensee has failed to pay a fine imposed by the
Department. Discipline by the United States Government,
another state, District of Columbia, territory, foreign
nation or government agency, if at least one of the grounds
for the discipline is the same or substantially equivalent
to those set forth in this Act.
(12) A finding by the Department that the licensee,
after having his or her license placed on probationary
status, has violated the terms of probation or failed to
comply with such terms. Directly or indirectly giving to or
receiving from any person, firm, corporation, partnership
or association any fee, commission, rebate or other form of
compensation for any professional services not actually or
personally rendered.
(13) Inability to practice the profession with
reasonable judgment, skill, or safety as a result of
physical illness, including, but not limited to,
deterioration through the aging process, loss of motor
skill, mental illness, or disability. A finding by the
Department that an applicant or registrant has failed to
pay a fine imposed by the Department, a registrant whose
license has been placed on probationary status has violated
the terms of probation, or a registrant has practiced on an
expired, inactive, suspended, or revoked license.
(14) Discipline by another state, territory, foreign
country, the District of Columbia, the United States
government, or any other government agency if at least one
of the grounds for discipline is the same or substantially
equivalent to those set forth in this Act. Signing,
affixing the professional engineer's seal or permitting
the professional engineer's seal to be affixed to any
technical submissions not prepared as required by Section
14 or completely reviewed by the professional engineer or
under the professional engineer's direct supervision.
(15) The making of any willfully false oath or
affirmation in any matter or proceeding where an oath or
affirmation is required by this Act. Inability to practice
the profession with reasonable judgment, skill or safety as
a result of habitual or excessive use or addiction to
alcohol, narcotics, stimulants, or any other chemical
agent or drug.
(16) Using or attempting to use an expired, inactive,
suspended, or revoked license or the certificate or seal of
another or impersonating another licensee. The making of a
statement pursuant to the Environmental Barriers Act that a
plan for construction or alteration of a public facility or
for construction of a multi-story housing unit is in
compliance with the Environmental Barriers Act when such
plan is not in compliance.
(17) Directly or indirectly giving to or receiving from
any person or entity any fee, commission, rebate, or other
form of compensation for any professional service not
actually or personally rendered. (Blank).
(18) Signing or affixing the professional engineer's
seal or permitting the seal to be affixed to any technical
submissions not prepared by the professional engineer or
under the professional engineer's supervision and control.
(19) Making a statement pursuant to the Environmental
Barriers Act that a plan for construction or alteration of
a public facility or for construction of a multi-story
housing unit is in compliance with the Environmental
Barriers Act when such plan is not in compliance.
(a-2) The Department shall deny a license or renewal
authorized by this Act to a person who has failed to file a
return, to pay the tax, penalty, or interest shown in a filed
return, or to pay any final assessment of tax, penalty, or
interest as required by any tax Act administered by the
Department of Revenue, until such time as the requirements of
the tax Act are satisfied in accordance with subsection (g) of
Section 2105-15 of the Department of Professional Regulation
Law of the Civil Administrative Code of Illinois (20 ILCS
2105/2105-15).
(a-3) (Blank).
(a-4) In cases where the Department of Healthcare and
Family Services (formerly the Department of Public Aid) has
previously determined that a licensee or a potential licensee
is more than 30 days delinquent in the payment of child support
and has subsequently certified the delinquency to the
Department, the Department shall refuse to issue or renew or
shall revoke or suspend that person's license or shall take
other disciplinary action against that person based solely upon
the certification of delinquency made by the Department of
Healthcare and Family Services in accordance with subdivision
(a)(5) of Section 2105-15 of the Department of Professional
Regulation Law of the Civil Administrative Code of Illinois (20
ILCS 2105/2105-15).
(a-5) In enforcing this Section, the Department or Board,
upon a showing of a possible violation, may order a licensee or
applicant to submit to a mental or physical examination, or
both, at the expense of the Department. The Department or Board
may order the examining physician to present testimony
concerning his or her examination of the licensee or applicant.
No information shall be excluded by reason of any common law or
statutory privilege relating to communications between the
licensee or applicant and the examining physician. The
examining physicians shall be specifically designated by the
Board or Department. The licensee or applicant may have, at his
or her own expense, another physician of his or her choice
present during all aspects of the examination. Failure of a
licensee or applicant to submit to any such examination when
directed, without reasonable cause as defined by rule, shall be
grounds for either the immediate suspension of his or her
license or immediate denial of his or her application.
If the Secretary immediately suspends the license of a
licensee for his or her failure to submit to a mental or
physical examination when directed, a hearing must be convened
by the Department within 15 days after the suspension and
completed without appreciable delay.
If the Secretary otherwise suspends a license pursuant to
the results of the licensee's mental or physical examination, a
hearing must be convened by the Department within 15 days after
the suspension and completed without appreciable delay. The
Department and Board shall have the authority to review the
licensee's record of treatment and counseling regarding the
relevant impairment or impairments to the extent permitted by
applicable federal statutes and regulations safeguarding the
confidentiality of medical records.
Any licensee suspended under this subsection (a-5) shall be
afforded an opportunity to demonstrate to the Department or
Board that he or she can resume practice in compliance with the
acceptable and prevailing standards under the provisions of his
or her license.
(b) The determination by a circuit court that a registrant
is subject to involuntary admission or judicial admission as
provided in the Mental Health and Developmental Disabilities
Code, as now or hereafter amended, operates as an automatic
suspension. Such suspension will end only upon a finding by a
court that the patient is no longer subject to involuntary
admission or judicial admission, the issuance of an order so
finding and discharging the patient, and the recommendation of
the Board to the Secretary Director that the registrant be
allowed to resume practice.
(c) In cases where the Department of Healthcare and Family
Services (formerly the Department of Public Aid) has previously
determined that a licensee or a potential licensee is more than
30 days delinquent in the payment of child support and has
subsequently certified the delinquency to the Department, the
Department shall refuse to issue or renew or shall revoke or
suspend that person's license or shall take other disciplinary
action against that person based solely upon the certification
of delinquency made by the Department of Healthcare and Family
Services in accordance with paragraph (5) of subsection (a) of
Section 2105-15 of the Department of Professional Regulation
Law of the Civil Administrative Code of Illinois.
(d) The Department shall refuse to issue or renew or shall
revoke or suspend a person's license or shall take other
disciplinary action against that person for his or her failure
to file a return, to pay the tax, penalty, or interest shown in
a filed return, or to pay any final assessment of tax, penalty,
or interest as required by any tax Act administered by the
Department of Revenue, until the requirements of the tax Act
are satisfied in accordance with subsection (g) of Section
2105-15 of the Department of Professional Regulation Law of the
Civil Administrative Code of Illinois.
(Source: P.A. 100-872, eff. 8-14-18.)
(225 ILCS 325/25) (from Ch. 111, par. 5225)
(Section scheduled to be repealed on January 1, 2020)
Sec. 25. Violations; Injunction; cease Cease and desist
order.
(a) If any person or other entity violates the provisions
of this Act, the Secretary Director, in the name of the People
of the State of Illinois, through the Attorney General of the
State of Illinois or the State's Attorney of the county in
which the violation is alleged to have occurred, may petition
the circuit court for an order enjoining such violation or for
an order enforcing compliance with this Act. Upon the filing of
a verified petition, the court may issue a temporary
restraining order, without bond, and may preliminarily and
permanently enjoin such violation. If it is established that
such person or other entity has violated or is violating the
injunction, the court may punish the offender for contempt of
court. Proceedings under this Section shall be in addition to,
and not in lieu of, all other remedies and penalties provided
by this Act.
(b) (Blank). If any person practices as a professional
engineer or holds himself out as such, without being licensed
under the provisions of this Act, then any professional
engineer, or any interested party or any person injured thereby
may, in addition to the Director, petition for relief as
provided in this Section.
(c) (Blank)
(d) Whenever in the opinion of the Department, any person
or other entity violates any provision of this Act, the
Department may issue a notice to show cause why an order to
cease and desist should not be entered against that person or
other entity. The rule shall clearly set forth the grounds
relied upon by the Department and shall provide a period of 7
days from the date of the rule to file an answer to the
satisfaction of the Department. Failure to answer to the
satisfaction of the Department shall cause an order to cease
and desist to be issued immediately.
(Source: P.A. 88-428; 88-595, eff. 8-26-94.)
(225 ILCS 325/26) (from Ch. 111, par. 5226)
(Section scheduled to be repealed on January 1, 2020)
Sec. 26. Investigations; notice and hearing.
(a) The Department may investigate the actions of any
applicant or of any person or entity holding or claiming to
hold a license or registration under this Act.
(b) Before the initiation of a formal complaint, the matter
shall be reviewed by a subcommittee of the Board according to
procedures established by rule for the Complaint Committee. If
a subcommittee has not been formed, the matter shall proceed
through the process as stated in subsection (c) of this
Section.
(c) The Department shall, before disciplining an applicant
or licensee, at least 30 days before the date set for the
hearing, (i) notify in writing the applicant or licensee of the
charges made and the time and place for the hearing on the
charges, (ii) direct the applicant or licensee to file a
written answer to the charges under oath within 20 days after
the service of the notice, and (iii) inform the applicant or
licensee that failure to file a written answer to the charges
will result in a default being entered against the applicant or
licensee.
(d) Written or electronic notice, and any notice in the
subsequent proceeding, may be served by personal delivery, by
email, or by mail to the applicant or licensee at his or her
address of record or email address of record.
(e) At the time and place fixed in the notice, the Board or
hearing officer appointed by the Secretary shall proceed to
hear the charges, and the parties or their counsel shall be
accorded ample opportunity to present any statement,
testimony, evidence, and argument as may be pertinent to the
charges or to their defense. The Board or hearing officer may
continue the hearing from time to time.
(f) In case the licensee or applicant, after receiving the
notice, fails to file an answer, the license or application
may, in the discretion of the Secretary, having first received
the recommendation of the Board, be suspended, revoked, or
placed on probationary status, or be subject to whatever
disciplinary action the Secretary considers proper, including
limiting the scope, nature, or extent of the person's practice
or imposition of a fine, without hearing, if the act or acts
charged constitute sufficient grounds for the action under this
Act.
The Department may investigate the actions of any applicant or
of any person or entity holding or claiming to hold a license
or registration or offering professional engineering services.
Before the initiation of an investigation, the matter shall be
reviewed by a subcommittee of the Board according to procedure
established by rule for the Complaint Committee. The Department
shall, before refusing to issue, restore or renew a license or
registration or otherwise discipline a licensee or registrant,
at least 30 days prior to the date set for the hearing, notify
in writing the applicant for, or holder of, a license or
registration of the nature of the charges, that a hearing will
be held on the date designated, and direct the applicant or
entity or licensee or registrant to file a written answer to
the Department under oath within 20 days after the service of
the notice and inform the applicant or entity or licensee or
registrant that failure to file an answer will result in
default being taken against the applicant or entity or licensee
or registrant and that the license or certificate may be
suspended, revoked, placed on probationary status, or other
disciplinary action may be taken, including limiting the scope,
nature or extent of practice, as the Secretary may deem proper.
Written notice may be served by personal delivery or certified
or registered mail to the respondent at the address of record.
In case the person or entity fails to file an answer after
receiving notice as provided in this Section, his or her
license or certificate may, in the discretion of the
Department, be suspended, revoked, or placed on probationary
status, or the Department may take whatever disciplinary action
deemed proper, including limiting the scope, nature, or extent
of the person's practice or the imposition of a fine, without a
hearing, if the act or acts charged constitute sufficient
grounds for such action under this Act. At the time and place
fixed in the notice, the Board shall proceed to hear the
charges and the parties or their counsel shall be accorded
ample opportunity to present such statements, testimony,
evidence and argument as may be pertinent to the charges or to
their defense. The Board may continue the hearing from time to
time.
(Source: P.A. 96-626, eff. 8-24-09.)
(225 ILCS 325/27) (from Ch. 111, par. 5227)
(Section scheduled to be repealed on January 1, 2020)
Sec. 27. Record of proceedings Stenographer; transcript.
(a) The Department, at its expense, shall provide a
certified shorthand reporter to take down the testimony and
preserve a record of all proceedings at the hearing of any case
in which a license may be revoked or suspended or in which a
licensee may be placed on probationary status, reprimanded,
fined, or subjected to other disciplinary action with reference
to the license when a disciplinary action is authorized under
this Act and its rules. The notice of hearing, complaint, and
all other documents in the nature of pleadings and written
motions filed in the proceedings, the transcript of the
testimony, the report of the Board, and the orders of the
Department shall be the record of the proceedings. The record
may be made available to any person interested in the hearing
upon payment of the fee required by Section 2105-115 of the
Department of Professional Regulation Law of the Civil
Administrative Code of Illinois.
(b) The Department may contract for court reporting
services, and, if it does so, the Department shall provide the
name and contact information for the certified shorthand
reporter who transcribed the testimony at a hearing to any
person interested, who may obtain a copy of the transcript of
any proceedings at a hearing upon payment of the fee specified
by the certified shorthand reporter.
The Department, at its expense, shall preserve a record of all
proceedings at the formal hearing of any case involving the
refusal to issue, restore or renew a license or otherwise
discipline a registrant. The notice of hearing, complaint and
all other documents in the nature of pleadings and written
motions filed in the proceedings, the transcript of testimony,
the report of the Board and orders of the Department shall be
in the record of the proceeding. The Department shall furnish a
transcript of the record to any person interested in the
hearing upon payment of the fee required under Section 2105-115
of the Department of Professional Regulation Law (20 ILCS
2105/2105-115).
(Source: P.A. 91-239, eff. 1-1-00.)
(225 ILCS 325/27.5)
(Section scheduled to be repealed on January 1, 2020)
Sec. 27.5. Subpoenas; depositions; oaths.
(a) The Department has the power to subpoena documents,
books, records, or other materials, to bring before it any
person, and to take testimony either orally or by deposition,
or take written interrogatories, or any combination thereof,
with the same fees and mileage and in the same manner
prescribed in civil cases in courts of this State.
(b) The Secretary, the designated hearing officer, and
every member of the Board has the power to administer oaths to
witnesses at any hearing that the Department is authorized to
conduct and any other oaths authorized in any Act administered
by the Department.
(Source: P.A. 96-626, eff. 8-24-09.)
(225 ILCS 325/29) (from Ch. 111, par. 5229)
(Section scheduled to be repealed on January 1, 2020)
Sec. 29. Hearing; motion for rehearing Notice of hearing;
Findings and recommendations.
(a) The Board or hearing officer appointed by the Secretary
shall hear evidence in support of the formal charges and
evidence produced by the licensee. At the conclusion of the
hearing, the Board or hearing officer shall present to the
Secretary a written report of its findings of fact, conclusions
of law, and recommendations. If the Board fails to present its
report, the applicant or licensee may request in writing a
direct appeal to the Secretary, in which case the Secretary may
issue an order based upon the report of the hearing officer and
the record of the proceedings or issue an order remanding the
matter back to the hearing officer for additional proceedings
in accordance with the order.
(b) At the conclusion of the hearing, a copy of the Board
or hearing officer's report shall be served upon the applicant
or licensee, either personally or as provided in this Act for
the service of the notice of hearing. Within 20 calendar days
after such service, the applicant or licensee may present to
the Department a motion, in writing, for a rehearing which
shall specify the particular grounds for rehearing. The
Department may respond to the motion for rehearing within 20
calendar days after its service on the Department. If no motion
for rehearing is filed, then upon the expiration of the time
specified for filing such a motion, or upon denial of a motion
for rehearing, the Secretary may enter an order in accordance
with the recommendations of the Board or hearing officer. If
the applicant or licensee orders from the reporting service and
pays for a transcript of the record within the time for filing
a motion for rehearing, the 20 calendar day period within which
a motion may be filed shall commence upon delivery of the
transcript to the applicant or licensee.
(c) If the Secretary disagrees in any regard with the
report of the Board, the Secretary may issue an order contrary
to the report. The Secretary shall notify the Board on any such
deviation and shall specify with particularity the reasons for
such action in the final order.
(d) Whenever the Secretary is not satisfied that
substantial justice has been done, the Secretary may order a
hearing by the same or another hearing officer.
(e) At any point in any investigation or disciplinary
proceeding provided for in this Act, both parties may agree to
a negotiated consent order. The consent order shall be final
upon signature of the Secretary.
At the conclusion of the hearing, the Board shall present to
the Secretary a written report of its finding and
recommendations. The report shall contain a finding whether or
not the accused person violated this Act or its rules or failed
to comply with the conditions required in this Act or its
rules. The Board shall specify the nature of the violation or
failure to comply, and shall make its recommendations to the
Secretary. The Board may take into consideration in making its
recommendations for discipline all facts and circumstances
bearing upon the reasonableness of the conduct of the
respondent and the potential for future harm to the public,
including but not limited to previous discipline by the
Department, intent, degree of harm to the public and likelihood
of harm in the future, any restitution made, and whether the
incident or incidents complained of appear to be isolated or a
pattern of conduct. In making its recommendations for
discipline, the Board shall endeavor to ensure that the
severity of the discipline recommended bears some reasonable
relationship to the severity of the violation. The report of
findings of fact, conclusions of law and recommendation of the
Board shall be the basis for the Department's order refusing to
issue, restore or renew a license, or otherwise discipline a
registrant. If the Secretary disagrees in any regard with the
report of the Board, the Secretary may issue an order in
contravention thereof, following the procedures set forth in
Section 7. The Secretary shall provide a written report to the
Board on any deviation, and shall specify with particularity
the reasons for said action. The finding is not admissible in
evidence against the person in a criminal prosecution brought
for the violation of this Act, but the hearing and finding are
not a bar to a criminal prosecution brought for the violation
of this Act.
(Source: P.A. 96-626, eff. 8-24-09.)
(225 ILCS 325/31.5 new)
Sec. 31.5. Confidentiality. All information collected by
the Department in the course of an examination or investigation
of a licensee or applicant, including, but not limited to, any
complaint against a licensee filed with the Department and
information collected to investigate any such complaint, shall
be maintained for the confidential use of the Department and
shall not be disclosed. The Department may not disclose the
information to anyone other than law enforcement officials,
other regulatory agencies that have an appropriate regulatory
interest as determined by the Secretary, or a party presenting
a lawful subpoena to the Department. Information and documents
disclosed to a federal, State, county, or local law enforcement
agency shall not be disclosed by the agency for any purpose to
any other agency or person. A formal complaint filed against a
licensee by the Department or any order issued by the
Department against a licensee or applicant shall be a public
record, except as otherwise prohibited by law.
(225 ILCS 325/32) (from Ch. 111, par. 5232)
(Section scheduled to be repealed on January 1, 2020)
Sec. 32. Hearing Appointment of a hearing officer.
Notwithstanding any provision in this Act, the Secretary has
the authority to appoint an attorney duly licensed to practice
law in the State of Illinois to serve as the hearing officer in
any action for refusal to issue or renew a license or
discipline a licensee. The Board may have at least one member
present at any hearing conducted by the hearing officer. The
hearing officer shall have full authority to conduct the
hearing. The hearing officer shall report his or her findings
of fact, conclusions of law, and recommendations to the Board
and to the Secretary. If Notwithstanding the provisions of
Section 26, the Secretary has the authority to appoint any
attorney duly registered to practice law in the State of
Illinois to serve as the hearing officer in any action for
refusal to issue, restore or renew a license or to discipline a
registrant. The hearing officer has full authority to conduct
the hearing. The hearing officer shall report the findings and
recommendations to the Board and the Secretary. The Board has
60 days from receipt of the report to review the report of the
hearing officer and present its findings of fact, conclusions
of law and recommendations to the Secretary. If the Board fails
to present its report within the 60 day period, the Secretary
shall issue an order based on the report of the hearing officer
except as herein noted. However, if the Secretary disagrees in
any regard with the report of the Board or hearing officer, the
Secretary may issue an order in contravention thereof,
following the procedures set forth in Section 7. The Secretary
shall provide a written report to the Board on any deviation,
and shall specify with particularity the reasons for said
action.
(Source: P.A. 96-626, eff. 8-24-09.)
(225 ILCS 325/34) (from Ch. 111, par. 5234)
(Section scheduled to be repealed on January 1, 2020)
Sec. 34. Restoration from disciplinary status of suspended
or revoked license.
(a) At any time after the successful completion of a term
of probation, suspension, or revocation, or probation of any
license under this Act, the Department may restore the license
it to the licensee accused person, after review and upon the
written recommendation of the Board, unless after an
investigation and a hearing, the Department determines that
restoration is not in the public interest.
(b) Where circumstances of suspension or revocation so
indicate, the Department may require an examination of the
licensee prior to restoring his or her license.
(c) No person whose license has been revoked as authorized
in this Act may apply for restoration of that license until
such time as provided for in the Department of Professional
Regulation Law of the Civil Administrative Code of Illinois.
(d) A license that has been suspended or revoked shall be
considered nonrenewed for purposes of restoration and a
licensee restoring his or her license from suspension or
revocation must comply with the requirements for restoration as
set forth in Section 17 and any related rules adopted.
(Source: P.A. 96-626, eff. 8-24-09.)
(225 ILCS 325/37) (from Ch. 111, par. 5237)
(Section scheduled to be repealed on January 1, 2020)
Sec. 37. Administrative review; Venue.
(a) All final administrative decisions of the Department
are subject to judicial review pursuant to the provisions of
the Administrative Review Law and all rules adopted pursuant
thereto. The term "administrative decision" is defined as in
Section 3-101 of the Code of Civil Procedure.
(b) Proceedings for judicial review shall be commenced in
the circuit court of the county in which the party applying for
review resides, but if the party is not a resident of this
State, the venue shall be in Sangamon County.
(c) The Department shall not be required to certify any
record to the court or file any answer in court or to otherwise
appear in any court in a judicial review proceeding until the
Department has received from the plaintiff payment of the costs
of furnishing and certifying the record, which costs shall be
determined by the Department.
(d) Failure on the part of the plaintiff to file a receipt
in court shall be grounds for dismissal of the action.
(e) During the pendency and hearing of any and all judicial
proceedings incident to a disciplinary action, the sanctions
imposed upon the accused by the Department shall remain in full
force and effect.
(Source: P.A. 86-667.)
(225 ILCS 325/41) (from Ch. 111, par. 5241)
(Section scheduled to be repealed on January 1, 2020)
Sec. 41. Violation; political subdivisions, county, city
or town; construction Political subdivisions, County, City or
Town; Construction without professional engineer. It is
unlawful for the State or any of its political subdivisions, or
any county, city or town to engage in the construction of any
public work involving professional engineering, unless the
engineering plan, specifications, and estimates have been
prepared by, and the construction is executed under, the
guidance of a professional engineer licensed under this Act.
(Source: P.A. 86-667.)
(225 ILCS 325/44) (from Ch. 111, par. 5244)
(Section scheduled to be repealed on January 1, 2020)
Sec. 44. Fund; appropriations; investments; audits. Moneys
deposited into in the Design Professionals Administration and
Investigation Fund shall be appropriated to the Department
exclusively for expenses of the Department and the Board in the
administration of this Act, the Illinois Professional Land
Surveyor Act of 1989, the Illinois Architecture Practice Act,
and the Structural Engineering Practice Act of 1989. The
expenses of the Department under this Act shall be limited to
the ordinary and contingent expenses of the Design
Professionals Dedicated Employees within the Department as
established under Section 2105-75 of the Department of
Professional Regulation Law of the Civil Administrative Code of
Illinois (20 ILCS 2105/2105-75) and other expenses related to
the administration and enforcement of this Act.
Moneys from the Fund may also be used for direct and
allocable indirect costs related to the public purposes of the
Department of Professional Regulation. Moneys in the Fund may
be transferred to the Professions Indirect Cost Fund as
authorized by Section 2105-300 of the Department of
Professional Regulation Law of the Civil Administrative Code of
Illinois (20 ILCS 2105/2105-300).
Moneys in the Design Professionals Administration and
Investigation Fund may be invested and reinvested with all
earnings received from the investments to be deposited into in
the Design Professionals Administration and Investigation Fund
and used for the same purposes as fees deposited into in the
Fund.
All fines and penalties under Sections Section 21 and 24,
Section 39, Section 42, and Section 43 shall be deposited into
in the Design Professionals Administration and Investigation
Fund.
Upon the completion of any audit of the Department as
prescribed by the Illinois State Auditing Act that audit
includes an audit of the Design Professionals Administration
and Investigation Fund, the Department shall make the audit
report open to inspection by any interested person. The copy of
the audit report required to be submitted to the Department by
this Section is in addition to copies of audit reports required
to be submitted to other State officers and agencies by Section
3-14 of the Illinois State Auditing Act.
(Source: P.A. 91-91, eff. 1-1-00; 91-92, eff. 1-1-00; 91-239,
eff. 1-1-00; 92-16, eff. 6-28-01.)
(225 ILCS 325/45) (from Ch. 111, par. 5245)
(Section scheduled to be repealed on January 1, 2020)
Sec. 45. Illinois Administrative Procedure Act;
application. The Illinois Administrative Procedure Act is
hereby expressly adopted and incorporated herein as if all of
the provisions of Act were included in this Act, except that
the provision of subsection (d) of Section 10-65 of the
Illinois Administrative Procedure Act that provides that at
hearings the registrant has the right to show compliance with
all lawful requirements for retention, continuation or renewal
of the license is specifically excluded. For the purpose of
this Act the notice required under Section 10-25 of the
Illinois Administrative Procedure Act is deemed sufficient
when mailed to the last known address of record or emailed to
the email address of record of a party.
(Source: P.A. 88-45.)
(225 ILCS 325/47) (from Ch. 111, par. 5247)
(Section scheduled to be repealed on January 1, 2020)
Sec. 47. Practice of structural engineering or
architecture.
(a) No professional engineer may practice structural
engineering as defined in the Structural Engineering Practice
Act of 1989 unless he or she is licensed under the provisions
of that Act.
(b) No professional engineer may practice architecture as
defined in the Illinois Architecture Practice Act of 1989
unless he or she is licensed under the provisions of that Act.
(Source: P.A. 91-91, eff. 1-1-00; 92-16, eff. 6-28-01.)
(225 ILCS 325/48) (from Ch. 111, par. 5248)
(Section scheduled to be repealed on January 1, 2020)
Sec. 48. Construction of Act; existing Existing
injunctions. The provisions of this Act, insofar as they are
the same or substantially the same as those of any prior law,
shall be construed as a continuation of such prior law and not
as a new enactment.
Any existing injunction or temporary restraining order
validly obtained under The Illinois Professional Engineering
Act, approved July 20, 1945, as amended, which prohibits
unlicensed practice of professional engineering or prohibits
or requires any other conduct in connection with the practice
of professional engineering shall not be invalidated by the
enactment of this Act and shall continue to have full force and
effect on and after the effective date of this Act.
(Source: P.A. 86-667.)
(225 ILCS 325/21 rep.)
(225 ILCS 325/30 rep.)
(225 ILCS 325/31 rep.)
(225 ILCS 325/38 rep.)
(225 ILCS 325/39 rep.)
(225 ILCS 325/40 rep.)
(225 ILCS 325/42 rep.)
(225 ILCS 325/43 rep.)
Section 15. The Professional Engineering Practice Act of
1989 is amended by repealing Sections 21, 30, 31 38, 39, 40, 42
and, 43.
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