Bill Text: IL SB0657 | 2019-2020 | 101st General Assembly | Chaptered


Bill Title: Amends the Residential Mortgage License Act of 1987. Makes a technical change in the Section concerning the short title of the Act.

Spectrum: Partisan Bill (Democrat 14-0)

Status: (Passed) 2019-08-09 - Public Act . . . . . . . . . 101-0312 [SB0657 Detail]

Download: Illinois-2019-SB0657-Chaptered.html



Public Act 101-0312
SB0657 EnrolledLRB101 04418 JRG 49426 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 Acts repealed on January 1, 2020.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Acts are repealed on January 1, 2020: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 Act repealed on January 1, 2030.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Act is repealed on January 1, 2030: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 Structural Engineering Practice Act of 1989.
Section 10. The Structural Engineering Practice Act of 1989
is amended by changing Sections 1, 3, 4, 5, 6, 7, 8, 9, 10, 11,
12, 14, 14.5, 15, 16, 17, 18, 19, 20, 20.5, 21, 22, 23, 24, 25,
26, 27, 28, 29, 30, 31, 32, 35, and 36 and by adding Sections
4.10, 5.5, 12.5, 15.5, 17.5, and 32.5 as follows:
(225 ILCS 340/1) (from Ch. 111, par. 6601)
(Section scheduled to be repealed on January 1, 2020)
Sec. 1. The practice of structural engineering Structural
Engineering in the State of Illinois is hereby declared to
affect the public health, safety, and welfare and to be subject
to regulation and control in the public interest. It is further
declared to be a matter of public interest and concern that the
practice of structural engineering, Structural Engineering as
defined in this Act, merit and receive the confidence of the
public, that only qualified persons be authorized to practice
structural engineering Structural Engineering in the State of
Illinois. This Act shall be liberally construed to best carry
out these subjects and purposes.
(Source: P.A. 86-711.)
(225 ILCS 340/3) (from Ch. 111, par. 6603)
(Section scheduled to be repealed on January 1, 2020)
Sec. 3. Exemptions. The following persons are exempt from
the operation of this Act:
(a) Draftsmen, students, clerks of work, superintendents,
and other employees of licensed structural engineers Licensed
Structural Engineers when acting under the immediate personal
supervision of their employers; and
(b) Superintendents of construction in the pay of the owner
when acting under the immediate personal supervision of a
licensed structural engineer Licensed Structural Engineer.
Persons licensed to practice structural engineering in
this State are exempt from the operation of any Act in force in
this State relating to the regulation of the practice of
architecture Architecture.
(Source: P.A. 86-711.)
(225 ILCS 340/4) (from Ch. 111, par. 6604)
(Section scheduled to be repealed on January 1, 2020)
Sec. 4. Definitions. 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.
(b) "Department" means the Department of Financial and
Professional Regulation.
(c) "Secretary" means the Secretary of the Department of
Financial and Professional Regulation.
(d) "Board" means the Structural Engineering Board
appointed by the Secretary.
(e) "Negligence in the practice of structural engineering"
means the failure to exercise that degree of reasonable
professional skill, judgment and diligence normally rendered
by structural engineers in the practice of structural
engineering.
(f) "Structural engineer intern" means a person who is a
candidate for licensure as a structural engineer and who has
been enrolled as a structural engineer intern.
(g) "Structural engineer" means a person licensed under the
laws of the State of Illinois to practice structural
engineering.
(h) "Email address of record" means the designated email
address recorded by the Department in the applicant's file or
the licensee's license file, as maintained by the Department's
licensure maintenance unit.
(Source: P.A. 96-610, eff. 8-24-09.)
(225 ILCS 340/4.10 new)
Sec. 4.10. 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 340/5) (from Ch. 111, par. 6605)
(Section scheduled to be repealed on January 1, 2020)
Sec. 5. Practice of structural engineering. A person shall
be regarded as practicing structural engineering within the
meaning of this Act who is engaged in the design, analysis, or
supervision of the construction, enlargement or alteration of
structures, or any part thereof, for others, to be constructed
by persons other than himself or herself. Structures within the
meaning of this Act are all structures having as essential
features foundations, columns, girders, trusses, arches or
beams, with or without other parts, and in which safe design
and construction require that loads and stresses must be
computed and the size and strength of parts determined by
mathematical calculations based upon scientific principles and
engineering data. Nothing in this Section imposes upon a person
licensed under this Act the responsibility for the performance
of any acts or practice unless such person specifically
contracts to provide it. Nothing in this Section precludes an
employee from acting under the direct supervision or
responsible charge of a licensed structural engineer. A person
shall also be regarded as practicing structural engineering
within the meaning of this Act who is engaged as a principal in
the design, analysis, or supervision of the construction of
structures or of the structural part of edifices designed
solely for the generation of electricity; or for the hoisting,
cleaning, sizing or storing of coal, cement, sand, grain,
gravel or similar materials; elevators; manufacturing plants;
docks; bridges; blast furnaces; rolling mills; gas producers
and reservoirs; smelters; dams; reservoirs; waterworks;
sanitary works as applied to the purification of water; plants
for waste and sewage disposal; round houses for locomotives;
railroad shops; pumping or power stations for drainage
districts; or power houses, even though such structures may
come within the definition of "buildings" as defined in any Act
in force in this State relating to the regulation of the
practice of architecture.
(Source: P.A. 96-610, eff. 8-24-09.)
(225 ILCS 340/5.5 new)
Sec. 5.5. Technical submissions.
(a) As used in this Section, "technical submissions"
include the designs, drawings, and specifications that
establish the scope of the structural engineering project, the
standard of quality for materials, workmanship, equipment, and
construction systems, and the studies and other technical
reports and calculations prepared in the course of the practice
of structural engineering.
(b) All technical submissions intended for use related to
services involving a structural engineer 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 building
ordinances in such submissions. In recognition that structural
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 structural engineer that do not
bear the seal and signature of a structural 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 structural 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 structural engineer who originally
sealed and signed the technical submissions.
(225 ILCS 340/6) (from Ch. 111, par. 6606)
(Section scheduled to be repealed on January 1, 2020)
Sec. 6. Powers and duties of the Department. The Department
shall, subject to the provisions of this Act, exercise the
following functions, powers, and duties The Department of
Financial and Professional Regulation shall exercise the
following functions, powers and duties subject to the
provisions of this Act:
(1) Authorize To conduct examinations to ascertain the
qualifications and fitness and qualifications of
applicants for licensure as licensed structural engineers,
and pass upon the qualifications and fitness of applicants
for licensure by endorsement.
(2) Adopt rules required for the administration of this
Act To prescribe rules for a method of examination of
candidates.
(3) Adopt To prescribe rules to establish what
constitutes an approved a structural engineering or
related science curriculum, to determine if a specific
curriculum qualifies as a structural engineering or
related science curriculum, and to terminate the
Department's approval of any curriculum as a structural
engineering or related science curriculum for
non-compliance with such rules.
(3.5) Adopt rules for approved experience To register
corporations, partnerships, professional service
corporations, limited liability companies, and sole
proprietorships for the practice of structural engineering
and issue a license to those who qualify.
(4) Conduct hearings on proceedings to refuse to issue
or renew licenses or to revoke, suspend, place on
probation, or reprimand persons or entities licensed or
registered under this Act To investigate complaints, to
conduct oral interviews, disciplinary conferences, and
formal evidentiary hearings on proceedings to refuse to
issue, renew or restore, or to suspend or revoke a license,
or to place on probation or reprimand a licensee for
reasons set forth in Section 20 of this Act.
(5) Issue licenses to those who meet the requirements
of this Act To formulate rules necessary to carry out the
provisions of this Act.
(6) Maintain To maintain membership in a national
organization that provides an acceptable structural
engineering examination and participate in activities of
the organization by designation of individuals for the
various classifications of membership and the appointment
of delegates for attendance at regional and national
meetings of the organization. All costs associated with
membership and attendance of such delegates to any national
meetings may be funded from the Design Professionals
Administration and Investigation Fund.
(7) Review To review such applicant qualifications to
sit for the examination or for licensure that the Board
designates pursuant to Section 8 of this Act.
(8) Conduct investigations related to possible
violations of this Act.
(9) 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.
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
may notify the Board on any such deviation and may specify with
particularity the reasons for such action in the final decision
or order. 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.
Prior to 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 promulgation of rules, the
Secretary shall notify the Board and the Secretary of State in
writing with an explanation of any such deviation and provide a
reasonable time for the Board to submit comments to the
Secretary regarding the action. In the event that the Board
fails or declines to submit such comments within 30 days of
said notification, the Secretary may issue a final decision or
order consistent with the Secretary's original decision.
Whenever the Secretary is not satisfied that substantial
justice has been done in an examination, the Secretary may
order a reexamination by the same or other examiners.
(Source: P.A. 96-610, eff. 8-24-09.)
(225 ILCS 340/7) (from Ch. 111, par. 6607)
(Section scheduled to be repealed on January 1, 2020)
Sec. 7. Board.
(a) The Secretary shall appoint a Structural Engineering
Board. The Board , which shall consist of 7 members who shall
serve in an advisory capacity to the Secretary. All shall be
residents of Illinois. Six members shall (i) currently hold a
valid license as a be Illinois licensed structural engineer 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 engineers, who
have been engaged in the practice of structural engineering for
a minimum of 10 years, and one shall be a public member. In
addition to the 6 structural engineers, there shall be one
public member. The public member shall be a voting member and
shall not hold a license under this Act or any other design
profession licensing Act that the Department administers as an
architect, professional engineer, structural engineer or land
surveyor.
(b) Board members Members shall serve 5 year terms and
until their successors are appointed and qualified.
(c) In appointing members of the Board making the
designation of persons to act, the Secretary shall give due
consideration to recommendations by members of the profession
and by organizations of the structural 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 15 years in a
lifetime.
(f) Appointments to fill vacancies shall be made in the
same manner as original appointments, for the unexpired portion
of the vacated term. Initial terms under this Act shall begin
upon the expiration of the terms of Committee members appointed
under The Illinois Structural Engineering Act.
Persons holding office as members of the Board under this
Act on the effective date of this Act shall serve as members of
the Board under this Act until the expiration of the term for
which they were appointed and until their successors are
appointed and qualified under this Act.
(g) Four members of the Board 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. The Secretary may terminate the
appointment of any member for cause which in the opinion of the
Secretary reasonably justifies such termination, which may
include, but is not limited to, a Board member 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. The Department may,
at any time, seek the expert advice and knowledge of the Board
on any matter relating to the administration or enforcement of
this Act.
(j) Members of the Board shall have no liability in any
action based upon disciplinary proceedings or other activity
performed in good faith as members of the Board be immune from
suit in any action based upon any disciplinary proceedings or
other activities performed in good faith as members of the
Board.
(k) Members of the Board shall be reimbursed for all
legitimate, necessary, and authorized expenses. Each member of
the Board may receive compensation as determined by the
Secretary.
(Source: P.A. 96-610, eff. 8-24-09.)
(225 ILCS 340/8) (from Ch. 111, par. 6608)
(Section scheduled to be repealed on January 1, 2020)
Sec. 8. Powers and duties of the Board. Subject to the
provisions of this Act, the Board shall exercise the following
functions, powers, and duties: The Board has the following
powers and duties:
(a) The Board shall hold at least 3 regular meetings
each year; all meetings of the Board shall be conducted in
accordance with the Open Meetings Act;
(b) The Board shall annually elect a Chairperson and a
Vice Chairperson, both of whom shall be Illinois licensed
structural engineers;
(c) The Board, upon request by the Department, may make
a curriculum evaluation or utilize a nationally certified
evaluation service to determine if courses conform to
requirements of approved engineering programs;
(d) (Blank) 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;
(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;
(f) The Board shall assist the Department in conducting
oral interviews, disciplinary conferences, informal
conferences, and formal evidentiary hearings; and
(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. , and the Department shall review the
Board's recommendations on applicant qualifications; and
(h) The Board may submit comments to the Secretary
within a reasonable time 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, unlicensed practice, or promulgation of
rules.
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.
(Source: P.A. 96-610, eff. 8-24-09.)
(225 ILCS 340/9) (from Ch. 111, par. 6609)
(Section scheduled to be repealed on January 1, 2020)
Sec. 9. Application 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 is 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 structural engineer or enrollment
as a structural engineer intern. The application shall require
such information as in the judgment of the Department will
enable the Department to pass on the qualifications of the
applicant for a license. The Department may require an
applicant, at the applicant's expense, to have an evaluation of
the applicant's education in a foreign country county by a
nationally recognized evaluation service approved by the
Department in accordance with rules prescribed 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.
An applicant who graduated from a structural 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 340/10) (from Ch. 111, par. 6610)
(Section scheduled to be repealed on January 1, 2020)
Sec. 10. Examinations.
(a) The Department shall authorize examinations of
applicants for a license or enrollment under this Act as
structural engineers at such times and places as it may
determine by rule. The examination of applicants shall be of a
character to give a fair test of the qualifications of the
applicant to practice as a structural engineer or structural
engineer intern structural engineering.
(b) Applicants for examination as structural engineers 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 a
license or enrollment 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.
(Source: P.A. 96-610, eff. 8-24-09.)
(225 ILCS 340/11) (from Ch. 111, par. 6611)
(Section scheduled to be repealed on January 1, 2020)
Sec. 11. A person is qualified for enrollment as a
structural engineer intern or licensure as a structural
engineer if that person has applied in writing in form and
substance satisfactory to the Department and:
(a) The applicant is of good moral character. In
determining moral character under this Section, the
Department may take into consideration whether the
applicant has engaged in conduct or actions that would
constitute grounds for discipline under this Act.
(a-5) The applicant, if a structural engineer intern
applicant, has met the minimum standards for enrollment as
a structural engineer intern, which are as follows:
(1) is a graduate of an approved structural
engineering curriculum of at least 4 years meeting the
requirements as set forth by rule and passes a nominal
examination as defined by rule in the fundamentals of
engineering; or
(2) is a graduate of a non-approved structural
engineering or related science curriculum of at least 4
years meeting the requirements as set forth by rule and
passes a nominal examination as defined by rule in the
fundamentals of engineering.
(b) The applicant, if a structural engineer applicant,
has met the minimum standards for licensure as a structural
engineer, which are as follows:
(1) is a graduate of an approved structural
engineering curriculum of at least 4 years meeting the
requirements as set forth by rule and submits evidence
acceptable to the Department of an additional 4 years
or more of experience in structural engineering work of
a grade and character which indicates that the
individual may be competent to practice structural
engineering as set forth by rule; or
(2) is a graduate of a non-approved structural
engineering or an approved related science curriculum
of at least 4 years meeting the requirements as set
forth by rule who submits evidence acceptable to the
Department of an additional 8 years or more of
progressive experience in structural engineering work
of a grade and character which indicates that the
individual may be competent to practice structural
engineering as set forth by rule.
(c) The applicant, if a structural engineer applicant,
has passed an examination authorized by the Department as
determined by rule to determine his or her fitness to
receive a license as a structural engineer.
(Source: P.A. 98-713, eff. 7-16-14.)
(225 ILCS 340/12) (from Ch. 111, par. 6612)
(Section scheduled to be repealed on January 1, 2020)
Sec. 12. Seal. Every holder of a license as a structural
engineer shall display it in a conspicuous place in the
holder's principal office, place of business or employment.
Every licensed structural engineer shall have a reproducible
seal, which may be computer generated, the imprint or
facsimile, the print of which shall contain the name and
license number of the structural engineer, and the words
"Licensed Structural Engineer," "State of Illinois." The
licensed structural engineer shall seal all plans, technical
submissions, drawings, and specifications prepared by or under
the engineer's supervision.
If technical submissions are prepared utilizing a computer
or other electronic means, the seal may be generated by a
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.
A licensed structural engineer may seal documents not
produced by the licensed structural engineer when the documents
have either been produced by others working under the licensed
structural engineer's personal supervision and control or when
the licensed structural engineer has sufficiently reviewed the
documents to ensure that they have met the standards of
reasonable professional skill and diligence. In reviewing the
work of others, the licensed structural engineer shall, where
necessary, do calculations, redesign, or any other work
necessary to be done to meet such standards and should retain
evidence of having done such review. The documents sealed by
the licensed structural engineer shall be of no lesser quality
than if they had been produced by the licensed structural
engineer. The licensed structural engineer who seals the work
of others is obligated to provide sufficient supervision and
review of such work so that the public is protected.
The licensed structural engineer shall affix the
signature, current date, date of license expiration and seal to
the first sheet of any bound set or loose sheets prepared by
the licensed structural engineer or under that licensed
structural engineer's immediate supervision.
A licensed structural engineer may seal documents not
produced by the licensed structural engineer when the documents
have either been produced by others working under the licensed
structural engineer's personal supervision and control or when
the licensed structural engineer has sufficiently reviewed the
documents to ensure that they have met the standards of
reasonable professional skill and diligence. In reviewing the
work of others, the licensed structural engineer shall, where
necessary, do calculations, redesign, or any other work
necessary to be done to meet such standards and retain evidence
of having done such review. The documents sealed by the
licensed structural engineer shall be of no lesser quality than
if they have been produced by the licensed structural engineer.
The licensed structural engineer who seals the work of others
is obligated to provide sufficient supervision and review of
such work so that the public is protected.
(Source: P.A. 91-91, eff. 1-1-00.)
(225 ILCS 340/12.5 new)
Sec. 12.5. Display of license. Every holder of a license
under this Act shall display the license in a conspicuous place
in his or her principal office, place of business, or place of
employment.
(225 ILCS 340/14) (from Ch. 111, par. 6614)
(Section scheduled to be repealed on January 1, 2020)
Sec. 14. Renewal, reinstatement, or restoration of
license; persons in military service.
(a) The expiration date and renewal period for each license
issued under this Act shall be set by rule. The holder of a
license may renew the license during the month preceding its
expiration date by paying the required fee.
(b) A licensed structural engineer who has permitted his or
her license to expire or has had his or her license who placed
his license on inactive status may have his or her license
restored by making application to the Department and filing
proof acceptable to the Department of fitness to have his or
her the license restored, including, but not limited to, sworn
evidence certifying to active practice in another jurisdiction
satisfactory to the Department and by submitting evidence of
knowledge in seismic design and by paying the required
restoration fee as determined by rule.
(c) A structural 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 the Department is furnished with satisfactory
evidence that the licensee has been so engaged in the practice
of structural engineering and that such service, training, or
education has been so terminated.
If the licensed structural engineer has not maintained an
active practice in another jurisdiction satisfactory to the
Department, the Board shall determine, by an evaluation program
established by rule, that person's fitness to resume active
status and may require the licensed structural engineer to
complete an examination.
Any licensed structural engineer whose license has been
expired for more than 5 years may have his license restored by
making application to the Department and filing proof
acceptable to the Department of fitness to have the license
restored, including sworn evidence certifying to active
practice in another jurisdiction and by paying the required
restoration fee.
However, any licensed structural engineer whose license
has expired while such engineer was engaged (1) in federal
service on active duty with the Army of the United States, the
United States Navy, the Marine Corps, the Air Force, the Coast
Guard, or the State Militia called into the service or training
of the United States of America, or (2) in training or
education under the supervision of the United States
preliminary to induction into the military service, may have
his license restored or reinstated without paying any lapsed
renewal fees, reinstatement fee or restoration fee or passing
any examination, if within 2 years after termination of such
service, training or education other than by dishonorable
discharge such person furnishes the Department with an
affidavit to the effect that he has been so engaged and that
the service, training or education has been so terminated.
(Source: P.A. 96-610, eff. 8-24-09.)
(225 ILCS 340/14.5)
(Section scheduled to be repealed on January 1, 2020)
Sec. 14.5. 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 14 or 15 of this Act.
(Source: P.A. 91-91, eff. 1-1-00.)
(225 ILCS 340/15) (from Ch. 111, par. 6615)
(Section scheduled to be repealed on January 1, 2020)
Sec. 15. Inactive status. A person licensed under this Act
Any structural engineer who notifies the Department, in writing
on forms prescribed by the Department, may elect to place his
or her license on an inactive status and shall, subject to
rules of the Department, be excused from payment of renewal
fees until he or she notifies the Department in writing of the
desire to resume active status.
Any structural engineer requesting restoration from
inactive status shall be required to pay the current renewal
fee. If the structural engineer otherwise qualifies, upon
payment, the Department shall restore his or her license, as
provided in Section 14 of this Act.
Any structural engineer whose license is on inactive status
shall not practice structural engineering in the State of
Illinois.
(Source: P.A. 86-711.)
(225 ILCS 340/15.5 new)
Sec. 15.5. Structural Engineer, Retired.
(a) Under Section 2105-15 of the Department of Professional
Regulation Law of the Civil Administrative Code of Illinois,
the Department may grant the title "Structural Engineer,
Retired" to any person who has been duly licensed as a
structural engineer by the Department and who has chosen to
place on inactive status or not renew his or her license. Those
persons granted the title "Structural Engineer, Retired" may
request restoration to active status under the applicable
provisions of this Act.
(b) The use of the title "Structural Engineer, Retired"
shall not constitute representation of current licensure. Any
person without an active license shall not be permitted to
practice structural engineering as defined in this Act.
(c) Nothing in this Section shall be construed to require
the Department to issue any certificate, credential, or other
official document indicating that a person has been granted the
title "Structural Engineer, Retired".
(225 ILCS 340/16) (from Ch. 111, par. 6616)
(Section scheduled to be repealed on January 1, 2020)
Sec. 16. Endorsement.
(a) The Department may, in its discretion, license as a
structural engineer upon application in writing on forms or
electronically accompanied by payment of the required fee,
issue a license as a structural engineer to an applicant who is
a structural engineer licensed under the laws of another state,
the District of Columbia, or territory, if the requirements for
licensure in that jurisdiction the state or territory were, at
the date of original licensure, substantially equivalent to the
requirements in force in this State on that date.
(b) All applications for endorsement shall provide proof of
passage of the examinations as approved by the Department by
rule.
(c) 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.
(d) 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
forfeited and the applicant must reapply and meet the
requirements in effect at the time of reapplication.
(Source: P.A. 96-610, eff. 8-24-09.)
(225 ILCS 340/17) (from Ch. 111, par. 6617)
(Section scheduled to be repealed on January 1, 2020)
Sec. 17. Fees.
(a) The Department shall provide by rule for a schedule of
fees to be paid for licenses or registrations by all
applicants. All fees are not refundable.
(b) The fees for the administration and enforcement of this
the Act, including, but not limited to, original licensure,
firm registration, renewal, and restoration, shall be set by
rule by the Department.
(c) All fees and fines collected as authorized under this
Act 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. 91-91, eff. 1-1-00.)
(225 ILCS 340/17.5 new)
Sec. 17.5. 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 340/18) (from Ch. 111, par. 6618)
(Section scheduled to be repealed on January 1, 2020)
Sec. 18. Roster. The Department shall maintain a roster of
all structural engineers licensed under this Act showing their
names and addresses of record. A roster showing the names and
addresses of all structural engineers licensed under this Act
shall be prepared by the Department. This roster shall be
available upon request and payment of the required fee.
(Source: P.A. 96-610, eff. 8-24-09.)
(225 ILCS 340/19) (from Ch. 111, par. 6619)
(Section scheduled to be repealed on January 1, 2020)
Sec. 19. Professional design firm registration;
conditions.
(a) Nothing in this Act prohibits the formation, under the
provisions of the Professional Service Corporation Act, as
amended, of a corporation to practice structural engineering.
Any business, including, but not limited to, a Professional
Service Corporation, that includes within its stated purposes,
practices, or holds itself out as available to practice,
structural engineering, shall be registered with the
Department pursuant to the provisions of this Section.
Any sole proprietorship not owned and operated by an
Illinois licensed design professional licensed under this Act
shall be prohibited from offering structural engineering
services to the public. "Illinois licensed design
professional" means a person who holds an active license as a
structural engineer under this Act, as an architect under the
Illinois Architecture Practice Act of 1989, or as a
professional engineer under the Professional Engineering
Practice Act of 1989. Any sole proprietorship owned and
operated by a structural 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 structural 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.
Any partnership which includes within its purpose,
practices, or holds itself out as available to practice
structural engineering, shall register with the Department
pursuant to the provisions set forth in this Section.
(b) Any professional design firm seeking to be registered
under the provisions of this Section shall not be registered
unless at least one managing agent in charge of structural
engineering activities in this State is designated by the
professional design firm. A designated managing agent must at
all times maintain a valid, active license to practice
structural engineering in Illinois.
No individual whose license to practice structural
engineering in this State is currently in a suspended,
inactive, or revoked status shall act as a managing agent for a
professional design firm.
(c) No business shall practice or hold itself out as
available to practice structural engineering until it is
registered with the Department.
(d) Any business seeking to be registered under this
Section shall apply for a certificate of registration on a form
provided by the Department and shall provide such information
as requested by the Department, which shall include but shall
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 structural 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 locations at which the professional
design firm provides structural 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 shall be the responsibility of the professional design
firm to provide the Department notice, in writing, of any
changes in the information requested on the application.
(e) In the event a managing agent is terminated or
terminates his or her status as managing agent of the
professional design firm, such 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 registration 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 fails to notify the
Department in writing, by regular mail or by email, within the
specified time, the registration shall be terminated without
prior hearing. Notification of termination shall be sent to the
address of record by regular mail or by email. If the
professional design firm continues to operate and offer
structural engineering services after the termination, the
Department may seek prosecution under Sections 20, 34, and 20.5
34a of this Act for the unlicensed practice of structural
engineering.
(f) No professional design firm shall be relieved of
responsibility for the conduct or acts of its agents,
employees, members, managers, or officers by reason of its
compliance with this Section, nor shall any individual
practicing structural 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 structural engineer. All disciplinary action taken or
pending against a business 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.
It is unlawful for any person to practice, or to attempt to
practice, structural engineering, without being licensed under
this Act. It is unlawful for any business not subject to the
sole proprietorship exemption to offer or provide structural
engineering services without active registration issued by the
Department as a professional design firm or professional
service corporation.
(Source: P.A. 96-610, eff. 8-24-09.)
(225 ILCS 340/20) (from Ch. 111, par. 6620)
(Section scheduled to be repealed on January 1, 2020)
Sec. 20. Grounds for disciplinary action Refusal;
revocation; suspension.
(a) The Department may refuse to issue or renew a license
or registration, or may revoke, a license, or may suspend,
place on probation, reprimand fine, or take other any
disciplinary or non-disciplinary action as the Department may
deem proper, including fines a fine not to exceed $10,000 per
for each violation, with regard to any license issued under the
provisions of this Act, licensee for any one or a combination
of the following reasons:
(1) Material misstatement in furnishing information to
the Department. ;
(2) Negligence, incompetence or misconduct in the
practice of structural engineering. ;
(3) Failure to comply with any provisions of this Act
or any of its rules. Making any misrepresentation for the
purpose of obtaining licensure;
(4) Fraud or any misrepresentation in applying for or
procuring a license or registration under this Act or in
connection with applying for renewal or restoration of a
license or registration under this Act. The affixing of a
licensed structural engineer's seal to any plans,
specifications or drawings which have not been prepared by
or under the immediate personal supervision of that
licensed structural engineer or reviewed as provided in
this Act;
(5) Purposefully making false statements or signing
false statements, certificates, or affidavits to induce
payment. 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 of 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 the profession;
(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 structural engineering. Making a statement of
compliance pursuant to the Environmental Barriers Act, as
now or hereafter amended, 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;
(7) Aiding or assisting another in violating any
provision of this Act or its rules. Failure to comply with
any of the provisions of this Act or its rules;
(8) Failing to provide information in response to a
written request made by the Department within 60 days after
receipt of such written request. Aiding or assisting
another person in violating any provision of this Act or
its rules;
(9) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public, as defined by rule. ;
(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. Habitual or excessive use or
addiction to alcohol, narcotics, stimulants, or any other
chemical agent or drug that results in the inability to
practice with reasonable judgment, skill, or safety;
(11) A finding by the Department that an applicant or
licensee has failed to pay a fine imposed by the
Department. Failure of an applicant or licensee to pay a
fine imposed by the Department or a licensee whose license
has been placed on probationary status has violated the
terms of probation;
(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. Discipline by another state,
territory, foreign country, the District of Columbia, the
United States government, or any other governmental
agency, if at least one of the grounds for discipline is
the same or substantially equivalent to those set forth in
this Section;
(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. Failure to provide
information in response to a written request made by the
Department within 30 days after the receipt of such written
request; or
(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 Physical illness,
including but not limited to, deterioration through the
aging process or loss of motor skill, mental illness, or
disability which results in the inability to practice the
profession of structural engineering with reasonable
judgment, skill, or safety.
(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.
(16) Using or attempting to use an expired, inactive,
suspended, or revoked license or the certificate or seal of
another, or impersonating another licensee.
(17) Signing or affixing the structural engineer's
seal or permitting the seal to be affixed to any technical
submissions not prepared by the structural engineer or
under the structural engineer's supervision and control or
not sufficiently reviewed by the licensed structural
engineer to ensure that the documents have met the
standards of reasonable professional skill and diligence.
(18) Making a statement of compliance pursuant to the
Environmental Barriers Act that technical submissions
prepared by the structural engineer or prepared under the
structural engineer's responsible control for construction
or alteration of an occupancy required to be in compliance
with the Environmental Barriers Act are in compliance with
the Environmental Barriers Act when such technical
submissions are not in compliance.
(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 licensee is
subject to involuntary admission or judicial admission, as
provided in the Mental Health and Developmental Disabilities
Code, 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
that the licensee be allowed to resume practice.
(c) (Blank).
(d) 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.
(e) The Department shall refuse to issue or renew or shall
revoke or suspend a person's license or entity's registration
or shall take other disciplinary action against that person or
entity 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
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 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.
(f) Persons who assist the Department in good faith as
consultants or expert witnesses in the investigation or
prosecution of alleged violations of the Act, licensure
matters, restoration proceedings, or criminal prosecutions,
are not liable for damages in any civil action or proceeding as
a result of such assistance, except upon proof of actual
malice. The Attorney General of the State of Illinois shall
defend such persons in any such action or proceeding at no cost
to the person.
(Source: P.A. 100-872, eff. 8-14-18.)
(225 ILCS 340/20.5)
(Section scheduled to be repealed on January 1, 2020)
Sec. 20.5. Unlicensed practice; violation; civil penalty.
(a) Use of the title "structural engineer" or any of its
derivations is limited to those persons or entities licensed or
registered under this Act. Any person who practices, offers to
practice, attempts to practice, or holds himself or herself out
to practice as a structural engineer or structural engineer
intern without being licensed, enrolled, 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 the
provisions in this Act regarding the provision of a hearing for
the discipline of a licensee. Any person who practices, offers
to practice, attempts to practice, or holds oneself out to
practice structural engineering without being licensed 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 the
provisions set forth in this Act regarding the provision of a
hearing for the discipline of a licensee.
(b) An entity or business that offers structural
engineering services under this Act without being registered as
a professional design firm or exempt under this Act shall, as
determined by the Department, 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 the
provisions in this Act regarding the provision of a hearing for
the discipline of a licensee. The Department has the authority
and power to investigate any and all unlicensed activity.
(c) The Department may investigate any actual, alleged, or
suspected unlicensed activity. 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 judgment and
may be filed and execution had thereon in the same manner as
any judgment from any court of record.
(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.
(Source: P.A. 96-610, eff. 8-24-09.)
(225 ILCS 340/21) (from Ch. 111, par. 6621)
(Section scheduled to be repealed on January 1, 2020)
Sec. 21. Injunction; cease and desist order.
(a) If any person or entity violates a provision of this
Act, the Secretary may, in the name of the People of the State
of Illinois, through the Attorney General of the State of
Illinois, petition for an order enjoining such violation or for
an order enforcing compliance with this Act. Upon the filing of
a verified petition in such court, the court may issue a
temporary restraining order, without notice or bond, and may
preliminarily and permanently enjoin such violation. If it is
established that such person has violated or is violating the
injunction, the court Court may punish the offender for
contempt of court. Proceedings under this Section are in
addition to, and not in lieu of, all other remedies and
penalties provided by this Act.
(b) If any person practices as a licensed structural
engineer or holds himself out as a structural engineer without
being licensed under the provisions of this Act, then any
licensed structural engineer, any interested party or any
person injured thereby may file a complaint with the Department
that shall proceed through the process outlined in Section 22
of this Act , in addition to the Secretary, petition for relief
as provided in subsection (a) of this Section.
(c) Whenever in the opinion of the Department any person or
entity violates any provision of this Act, the Department may
issue a rule to show cause why an order to cease and desist
should not be entered against that person or 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. 96-610, eff. 8-24-09.)
(225 ILCS 340/22) (from Ch. 111, par. 6622)
(Section scheduled to be repealed on January 1, 2020)
Sec. 22. Investigations Investigation; 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, licensee, or registrant, at least 30 days prior to
the date set for the hearing, (i) notify in writing the
applicant, licensee, or registrant of the charges made and the
time and place for the hearing on the charges, (ii) direct the
applicant, licensee, or registrant to file a written answer to
the charges under oath within 20 days after the service of the
notice, and (iii) inform the applicant, licensee, or registrant
that failure to file a written answer to the charges will
result in a default being entered against the applicant,
licensee, or registrant.
(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, licensee, or registrant at
the applicant's, licensee's, or registrant's 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 their defense. The Board or hearing officer may
continue the hearing from time to time.
(f) In case the licensee, applicant, or registrant, after
receiving the notice, fails to file an answer, his or her
license or registration 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 action under this Act.
The Department may investigate the actions of any applicant or
any person or entity holding or claiming to hold a license or
registration or any person or entity practicing, or offering to
practice structural engineering. Before the initiation of an
investigation the matter shall be reviewed by a subcommittee of
the Board according to procedures established by rule for the
Complaint Committee. The Department shall, before refusing to
issue, restore or renew a license or registration, or
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 and that a hearing will be held on the date
designated. The Department shall direct the applicant or
licensee or registrant or entity to file a written answer to
the Board under oath within 20 days after the service of the
notice and inform the applicant or licensee or registrant or
entity 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, 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 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
their defense. The Board may continue a hearing from time to
time.
(Source: P.A. 96-610, eff. 8-24-09.)
(225 ILCS 340/23) (from Ch. 111, par. 6623)
(Section scheduled to be repealed on January 1, 2020)
Sec. 23. Record of proceedings ; 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 a licensee
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 or hearing officer, 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. 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 the orders
of the Department shall be the record of the proceedings.
(Source: P.A. 96-610, eff. 8-24-09.)
(225 ILCS 340/24) (from Ch. 111, par. 6624)
(Section scheduled to be repealed on January 1, 2020)
Sec. 24. Subpoenas; depositions; oaths.
(a) The Department has the power to subpoena documents,
books, records or other materials and 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 as is
prescribed in civil cases in the courts of this State.
(b) The Secretary, the designated hearing officer, and any
member of the Board shall each have the power to administer
oaths to witnesses at any hearing which the Department is
authorized by law to conduct, and any other oaths required or
authorized in any Act administered by the Department.
(Source: P.A. 96-610, eff. 8-24-09.)
(225 ILCS 340/25) (from Ch. 111, par. 6625)
(Section scheduled to be repealed on January 1, 2020)
Sec. 25. Compelling testimony. Any circuit court, upon the
application of the accused person or of the Department, may, by
order duly entered, require the attendance of witnesses and the
production of relevant books and papers before the Department
relative to the application for or refusal to issue, restore,
renew, suspend, or revoke a license or discipline a licensee,
and the court may compel obedience to its order by proceedings
for contempt.
(Source: P.A. 86-711.)
(225 ILCS 340/26) (from Ch. 111, par. 6626)
(Section scheduled to be repealed on January 1, 2020)
Sec. 26. Hearing; motion for rehearing.
(a) The Board or hearing officer appointed by the Secretary
shall hear evidence in support of the formal charges and
evidence produced by the applicant, licensee, or registrant. 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, licensee, or
registrant 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,
licensee, or registrant, 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, licensee, or
registrant 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, licensee, or registrant
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, licensee, or registrant.
(c) If the Secretary disagrees in any regard with the
report of the Board, the Secretary may issue an order contrary
to the report.
(d) Whenever the Secretary is not satisfied that
substantial justice has been done, the Secretary may order a
hearing by 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 its written report of its findings and
recommendations. A copy of the report shall be served upon the
accused person, either personally or to the address of record.
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. Within 20 days
after such service, the accused person may present to the
Department a motion in writing for a rehearing, which shall
specify the particular grounds for rehearing. If the accused
person orders and pays for a transcript of the record as
provided in this Section, the time elapsing after payment and
before the transcript is ready for delivery shall not be
counted as part of such 20 days. If no motion for rehearing is
filed, then upon the expiration of the time specified for
filing the motion, or if a motion for rehearing is denied, then
upon such denial, the Secretary may enter an order in
accordance with recommendations of the Board.
Whenever the Secretary is not satisfied that substantial
justice has been done, he may order a rehearing by the same or
another special board. At the expiration of the time specified
for filing a motion for a rehearing, the Secretary has the
right to take the action recommended by the Board. Upon the
suspension or revocation of his license, a licensee shall be
required to surrender his license to the Department, and upon
his failure or refusal to do so, the Department shall have the
right to seize the same.
(Source: P.A. 96-610, eff. 8-24-09.)
(225 ILCS 340/27) (from Ch. 111, par. 6627)
(Section scheduled to be repealed on January 1, 2020)
Sec. 27. 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 license. The Board may
have 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.
Notwithstanding the provisions of Section 26 of this Act, the
Secretary shall have the authority to appoint any attorney duly
licensed to practice law in the State of Illinois to serve as
the hearing officer in any action for discipline of a licensee.
The Director shall notify the Board of any such appointment.
The hearing officer has full authority to conduct the hearing.
The Board has the right to have at least one member present at
any hearing conducted by such hearing officer. The hearing
officer shall report his findings of fact, conclusions of law
and recommendations to the Board and the Secretary. The Board
shall have 60 days from receipt of the report to review the
report of the hearing officer and present their 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. If the Secretary disagrees in any
regard with the report of the Board or hearing officer, he or
she may issue an order in contravention thereof. The Secretary
may shall notify the Board on any such deviation.
(Source: P.A. 96-610, eff. 8-24-09.)
(225 ILCS 340/28) (from Ch. 111, par. 6628)
(Section scheduled to be repealed on January 1, 2020)
Sec. 28. Order or certified copy; prima facie proof. An
order or a certified copy thereof, over the seal of the
Department and purporting to be signed by the Secretary, shall
be prima facie proof that:
(1) 1. the signature is the genuine signature of the
Secretary;
(2) 2. the Secretary is duly appointed and qualified;
and
(3) 3. the Board and the members thereof are qualified
to act.
Such proof may be rebutted.
(Source: P.A. 96-610, eff. 8-24-09.)
(225 ILCS 340/29) (from Ch. 111, par. 6629)
(Section scheduled to be repealed on January 1, 2020)
Sec. 29. Restoration from disciplinary status.
(a) At any time after the successful completion of a term
of probation, suspension, or revocation of any license under
this Act, the Department may restore the license to the
licensee 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 or registrant prior to restoring his or her license or
registration.
(c) No person or entity 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 14 and any related rules adopted.
At any time after the refusal to issue, restore, renew or
suspend or revoke of any license, the Department may issue or
restore it to the accused person without examination, upon the
written recommendation of the Board.
(Source: P.A. 86-711.)
(225 ILCS 340/30) (from Ch. 111, par. 6630)
(Section scheduled to be repealed on January 1, 2020)
Sec. 30. Surrender of license or registration. Upon the
revocation or suspension of any license or registration, the
licensee or professional design firm shall immediately
surrender the license, or licenses, or registration to the
Department and if the licensee or registrant fails to do so,
the Department shall have the right to seize the license or
registration.
(Source: P.A. 86-711.)
(225 ILCS 340/31) (from Ch. 111, par. 6631)
(Section scheduled to be repealed on January 1, 2020)
Sec. 31. Temporary suspension of a license or registration.
The Secretary may temporarily suspend the license or
registration of a structural engineer without a hearing,
simultaneously with the institution of proceedings for a
hearing provided for in Section 22 of this Act, if the
Secretary finds that evidence in the Department's his
possession indicates that a structural engineer's continuation
in practice would constitute an imminent danger to the public.
In the event that the Secretary temporarily suspends the
license or registration of a structural engineer without a
hearing, a hearing by the Board must be commenced within 30
days after such suspension has occurred.
(Source: P.A. 96-610, eff. 8-24-09.)
(225 ILCS 340/32) (from Ch. 111, par. 6632)
(Section scheduled to be repealed on January 1, 2020)
Sec. 32. Administrative review.
(a) All final administrative decisions of the Department
under this Act are subject to judicial review pursuant to the
provisions of the Administrative Review Law, as now or
hereafter amended, and all its rules adopted pursuant thereto.
The term "administrative decision" is defined as in Section
3-101 of the Code of Civil Procedure.
(b) Proceedings Such proceedings for judicial review shall
be commenced in the circuit court Circuit Court of the county
in which the party applying for review resides, but if the ;
provided, that if such 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 unless 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. 86-711.)
(225 ILCS 340/32.5 new)
Sec. 32.5. 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 340/35) (from Ch. 111, par. 6635)
(Section scheduled to be repealed on January 1, 2020)
Sec. 35. Illinois Administrative Procedure Act. The
Illinois Administrative Procedure Act is hereby expressly
adopted and incorporated herein as if all of the provisions of
that 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
licensee has the right to show compliance with all lawful
requirements for retention, continuation or renewal of the
license is specifically excluded. For the purposes of this Act,
the notice required under Section 10-25 of the Illinois
Administrative Procedure Act is deemed sufficient when mailed
or emailed to the last known address of record a party.
(Source: P.A. 88-45.)
(225 ILCS 340/36) (from Ch. 111, par. 6636)
(Section scheduled to be repealed on January 1, 2020)
Sec. 36. Fund; appropriations; investments; audits. Moneys
collected under this Act and 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
Professional Engineering Practice Act of 1989, and the Illinois
Architecture Practice Act. 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 20 and 20.5 34 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 includes an
audit of the Design Professionals Administration and
Investigation Fund, the Department shall make the audit 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. 91-239, eff. 1-1-00.)
(225 ILCS 340/4.5 rep.)
(225 ILCS 340/33 rep.)
(225 ILCS 340/34 rep.)
Section 15. The Structural Engineering Practice Act of 1989
is amended by repealing Sections 4.5, 33, and 34.
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