Bill Text: IL SB3488 | 2013-2014 | 98th General Assembly | Chaptered

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Bill Title: Amends the Illinois Architecture Practice Act of 1989. Removes a provision stating that a member's service on the Illinois Architecture Licensing Board that occurred prior to the effective date of the Act shall not be considered in determining the length of his or her consecutive years of service. Further provides that an applicant for licensure under the Act shall be required to complete certain experience requirements in addition to the examination requirements under the Act, and that he or she has one year from the date of notification of successful completion of all examination and experience requirements to apply to the Department of Financial and Professional Regulation for a license. Includes a professional land surveyor in the definition of "Illinois licensed design professional". Effective immediately.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2014-08-15 - Public Act . . . . . . . . . 98-0976 [SB3488 Detail]

Download: Illinois-2013-SB3488-Chaptered.html

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Public Act 098-0976
SB3488 Enrolled LRB098 15835 ZMM 50877 b
AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Architecture Practice Act of 1989
is amended by changing Sections 3, 8, 9, 10, 12, 14, 16, 17,
21, 23, and 36 and by adding Section 37.5 as follows:
(225 ILCS 305/3) (from Ch. 111, par. 1303)
(Section scheduled to be repealed on January 1, 2020)
Sec. 3. Application of Act. Nothing in this Act shall be
deemed or construed to prevent the practice of structural
engineering as defined in the Structural Engineering Practice
Act of 1989, the practice of professional engineering as
defined in the Professional Engineering Practice Act of 1989,
or the preparation of documents used to prescribe work to be
done inside buildings for non-loadbearing interior
construction, furnishings, fixtures and equipment, or the
offering or preparation of environmental analysis, feasibility
studies, programming or construction management services by
persons other than those licensed in accordance with this Act,
the Structural Engineering Practice Act of 1989 or the
Professional Engineering Practice Act of 1989.
Nothing contained in this Act shall prevent the draftsmen,
students, project representatives and other employees of those

lawfully practicing as licensed architects under the
provisions of this Act, from acting under the responsible
control of their employers, or to prevent the employment of
project representatives for enlargement or alteration of
buildings or any parts thereof, or prevent such project
representatives from acting under the responsible control of
the licensed architect by whom the construction documents
including drawings and specifications of any such building,
enlargement or alteration were prepared.
Nothing in this Act or any other Act shall prevent an a
licensed architect from practicing interior design services.
Nothing in this Act shall be construed as requiring the
services of an interior designer for the interior designing of
a single family residence.
The involvement of an a licensed architect is not required
for the following:
(A) The building, remodeling or repairing of any
building or other structure outside of the corporate limits
of any city or village, where such building or structure is
to be, or is used for farm purposes, or for the purposes of
outbuildings or auxiliary buildings in connection with
such farm premises.
(B) The construction, remodeling or repairing of a
detached single family residence on a single lot.
(C) The construction, remodeling or repairing of a
two-family residence of wood frame construction on a single

lot, not more than two stories and basement in height.
(D) Interior design services for buildings which do not
involve life safety or structural changes.
However, when an ordinance of a unit of local government
requires the involvement of an a licensed architect for any
buildings included in the preceding paragraphs (A) through (D),
the requirements of this Act shall apply. All buildings not
included in the preceding paragraphs (A) through (D), including
multi-family buildings and buildings previously exempt from
the involvement of an a licensed architect under those
paragraphs but subsequently non-exempt due to a change in
occupancy or use, are subject to the requirements of this Act.
Interior alterations which result in life safety or structural
changes of the building are subject to the requirements of this
Act.
(Source: P.A. 96-610, eff. 8-24-09.)
(225 ILCS 305/8) (from Ch. 111, par. 1308)
(Section scheduled to be repealed on January 1, 2020)
Sec. 8. Powers and duties of the Department.
(1) Subject to the provisions of this Act, the Department
shall exercise the following functions, powers, and duties:
(a) conduct examinations to ascertain the
qualifications and fitness of applicants for licensure as
licensed architects, and pass upon the qualifications and
fitness of applicants for licensure by endorsement;

(b) prescribe rules for a method of examination of
candidates;
(c) prescribe rules defining what constitutes a
school, college or university, or department of a
university, or other institution, reputable and in good
standing, to determine whether or not a school, college or
university, or department of a university, or other
institution is reputable and in good standing by reference
to compliance with such rules, and to terminate the
approval of such school, college or university or
department of a university or other institution that
refuses admittance to applicants solely on the basis of
race, color, creed, sex or national origin. The Department
may adopt, as its own rules relating to education
requirements, those guidelines published from time to time
by the National Architectural Accrediting Board;
(d) prescribe rules for diversified professional
training;
(e) conduct oral interviews, disciplinary conferences
and formal evidentiary hearings on proceedings to impose
fines or to suspend, revoke, place on probationary status,
reprimand, and refuse to issue or restore any license
issued under the provisions of this Act for the reasons set
forth in Section 22 of this Act;
(f) issue licenses to those who meet the requirements
of this Act;

(g) formulate and publish rules necessary or
appropriate to carrying out the provisions of this Act;
(h) maintain membership in the National Council of
Architectural Registration Boards and participate in
activities of the Council by designation of individuals for
the various classifications of membership and the
appointment of delegates for attendance at regional and
national meetings of the Council. 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; and
(i) review such applicant qualifications to sit for the
examination or for licensure that the Board designates
pursuant to Section 10 of this Act.
(2) 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 promulgation of rules, the
Secretary shall notify the Board with an explanation of the
deviation and provide a reasonable time for the Board to submit
comments to the Secretary regarding 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.
(3) The Department may in its discretion, but shall not be
required to, employ or utilize the legal services of outside

counsel and the investigative services of outside personnel to
assist the Department. However, no attorney employed or used by
the Department shall prosecute a matter or provide legal
services to the Department or Board with respect to the same
matter.
(Source: P.A. 96-610, eff. 8-24-09.)
(225 ILCS 305/9) (from Ch. 111, par. 1309)
(Section scheduled to be repealed on January 1, 2020)
Sec. 9. Creation of the Board. The Director shall appoint
an Architecture Licensing Board which will consist of 6
members. Five members shall be licensed architects, one of whom
shall be a tenured member of the architectural faculty of an
Illinois public university accredited by the National
Architectural Accrediting Board. The other 4 shall be licensed
architects, residing in this State, who have been engaged in
the practice of architecture at least 10 years. In addition to
the 5 licensed architects, there shall be one public member.
The public member shall be a voting member and shall not hold a
license as an architect, professional engineer, structural
engineer or land surveyor.
Board members shall serve 5 year terms and until their
successors are appointed and qualified. In making the
designation of persons to the Board, the Director shall give
due consideration to recommendations by members and
organizations of the profession.

The membership of the Board should reasonably reflect
representation from the geographic areas in this State.
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 10 successive years. Service prior to the
effective date of this Act shall not be considered.
Appointments to fill vacancies shall be made in the same
manner as original appointments, for the unexpired portion of
the vacated term. Initial terms shall begin upon the effective
date of this Act and Board members in office on that date under
the predecessor Act may be appointed to specific terms as
indicated in this Section.
Persons holding office as members of the Board under the
Illinois Architecture Act immediately prior to the effective
date of this Act shall continue 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.
Four members of the Board shall constitute a quorum. A
quorum is required for Board decisions.
The Director 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 Director may remove a member of the Board who does not
attend 2 consecutive meetings.
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.
Members of the Board are immune from suit in any action
based upon any disciplinary proceedings or other activities
performed in good faith as members of the Board.
(Source: P.A. 96-610, eff. 8-24-09.)
(225 ILCS 305/10) (from Ch. 111, par. 1310)
(Section scheduled to be repealed on January 1, 2020)
Sec. 10. Powers and duties of the Board.
(a) The Board shall hold at least 3 regular meetings each
year.
(b) The Board shall annually elect a Chairperson and a Vice
Chairperson who shall be licensed architects.
(c) The Board, upon request by the Department, may make a
curriculum evaluation to determine if courses conform to the
requirements of approved architectural programs.
(d) The Board shall assist the Department in conducting
oral interviews, disciplinary conferences and formal
evidentiary hearings.
(e) 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.

(f) 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 1150.95, and any amendments or changes thereto.
(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. The Department shall review the Board's
recommendations on applicant qualifications. The Secretary
shall notify the Board with an explanation of any deviation
from the Board's recommendation on applicant qualifications.
After review of the Secretary's explanation of his or her
reasons for deviation, the Board shall have the opportunity to
comment upon the Secretary's decision.
(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 qualifications of
applicants, unlicensed practice, discipline of licensees or
registrants, or promulgation of rules.
(i) The Board may recommend that the Department contract
with an individual or a corporation or other business entity to
assist in the providing of investigative, legal,
prosecutorial, and other services necessary to perform its
duties pursuant to subsection (3) of Section 8 of this Act.

(Source: P.A. 96-610, eff. 8-24-09.)
(225 ILCS 305/12) (from Ch. 111, par. 1312)
(Section scheduled to be repealed on January 1, 2020)
Sec. 12. Examinations; subjects; failure or refusal to take
examination. The Department shall authorize examination of
applicants as architects at such times and places as it may
determine. The examination shall be in English and shall be
written or written and graphic. It shall include at a minimum
the following subjects:
(a) pre-design (environmental analysis, architectural
programming, and application of principles of project
management and coordination);
(b) site planning (site analysis, design and
development, parking, and application of zoning
requirements);
(c) building planning (conceptual planning of
functional and space relationships, building design,
interior space layout, barrier-free design, and the
application of the life safety code requirements and
principles of energy efficient design);
(d) building technology (application of structural
systems, building components, and mechanical and
electrical systems);
(e) general structures (identification, resolution,
and incorporation of structural systems and the long span

design on the technical aspects of the design of buildings
and the process and construction);
(f) lateral forces (identification and resolution of
the effects of lateral forces on the technical aspects of
the design of buildings and the process of construction);
(g) mechanical and electrical systems (as applied to
the design of buildings, including plumbing and acoustical
systems);
(h) materials and methods (as related to the design of
buildings and the technical aspects of construction); and
(i) construction documents and services (conduct of
architectural practice as it relates to construction
documents, bidding, and construction administration and
contractual documents from beginning to end of a building
project).
It shall be the responsibility of the applicant to be
familiar with this Act and its rules.
Examination subject matter headings and bases on which
examinations are graded shall be indicated in rules pertaining
to this Act. The Department may adopt the examinations and
grading procedures of the National Council of Architectural
Registration Boards. Content of any particular examination
shall not be considered public record under the Freedom of
Information Act.
If an applicant neglects without an approved excuse or
refuses to take the next available examination offered for

licensure under this Act, the fee paid by the applicant shall
be forfeited. If an applicant fails to pass an examination for
licensure under this Act within 3 years after filing an
application, the application shall be denied. The applicant
may, however, 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 the new application.
An applicant shall have 5 years from the passage of the
first examination to successfully complete all examinations
required by rule of the Department.
The Department may by rule prescribe additional subjects
for examination.
An applicant has one year from the date of notification of
successful completion of all the examination and experience
requirements to apply to the Department for a license. If an
applicant fails to apply within one year, the applicant shall
be required to again take and pass the examination, unless the
Department, upon recommendation of the Board, determines that
there is sufficient cause for the delay that is not due to the
fault of the applicant.
(Source: P.A. 96-610, eff. 8-24-09.)
(225 ILCS 305/14) (from Ch. 111, par. 1314)
(Section scheduled to be repealed on January 1, 2020)
Sec. 14. Display of license; Seal. Every holder of a

license as an a licensed architect shall display it in a
conspicuous place in the principal office of the architect.
Every licensed architect shall have a reproducible seal, or
facsimile, the print of which shall contain the name of the
architect, the license number, and the words "Licensed
Architect, State of Illinois". The licensed architect shall
affix the signature, current date, date of license expiration
and seal to the first sheet of any bound set or loose sheets of
technical submissions utilized as contract documents between
the parties to the contract or prepared for the review and
approval of any governmental or public authority having
jurisdiction by that licensed architect or under that licensed
architect's responsible control. The sheet of technical
submissions in which the seal is affixed shall indicate those
documents or parts thereof for which the seal shall apply. The
seal and dates may be electronically affixed. The licensee may
provide, at his or her sole discretion, an original signature
in the licensee's handwriting, a scanned copy of the document
bearing an original signature, or a signature generated by a
computer. All technical submissions issued by any corporation,
partnership, professional service corporation, or professional
design firm as registered under this Act shall contain the
corporate or assumed business name and design firm registration
number, in addition to any other seal requirements as set forth
in this Section.
"Responsible control" means that amount of control over and

detailed professional knowledge of the content of technical
submissions during their preparation as is ordinarily
exercised by architects applying the required professional
standard of care. Merely reviewing or reviewing and correcting
the technical submissions or any portion thereof prepared by
those not in the regular employment of the office where the
architect is resident without control over the content of such
work throughout its preparation does not constitute
responsible control.
An architect licensed under the laws of this jurisdiction
shall not sign and seal technical submissions that were not
prepared by or under the responsible control of the architect
except that:
(1) the architect may sign and seal those portions of
the technical submissions that were prepared by or under
the responsible control of persons who hold a license under
this Act, and who shall have signed and sealed the
documents, if the architect has reviewed in whole or in
part such portions and has either coordinated their
preparation or integrated them into his or her work;
(2) the architect may sign and seal portions of the
professional work that are not required by this Act to be
prepared by or under the responsible control of an
architect if the architect has reviewed and adopted in
whole or in part such portions and has integrated them into
his or her work; and

(3) a partner or corporate officer of a professional
design firm registered in Illinois who is licensed under
the architecture licensing laws of this State, and who has
professional knowledge of the content of the technical
submissions and intends to be responsible for the adequacy
of the technical submissions, may sign and seal technical
submissions that are prepared by or under the responsible
control of architects who are licensed in this State and
who are in the regular employment of the professional
design firm.
The architect exercising responsible control under which
the documents or portions of the documents were prepared shall
be identified on the documents or portions of the documents by
name and Illinois license number.
Any licensed architect who signs and seals technical
submissions not prepared by that architect but prepared under
the architect's responsible control by persons not regularly
employed in the office where the architect is resident shall
maintain and make available to the board upon request for at
least 5 years following such signing and sealing, adequate and
complete records demonstrating the nature and extent of the
architect's control over and detailed professional knowledge
of such technical submissions throughout their preparation.
(Source: P.A. 98-289, eff. 1-1-14.)
(225 ILCS 305/16) (from Ch. 111, par. 1316)

(Section scheduled to be repealed on January 1, 2020)
Sec. 16. Licenses; Renewal; Restoration; Architects in
military service. 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 such license during the month
preceding the expiration date thereof by paying the required
fee. An A licensed architect who has permitted his license to
expire or who has had his license on inactive status may have
his license restored by making application to the Department
and filing proof acceptable to the Department of his fitness to
have his license restored, including sworn evidence certifying
to active practice in another jurisdiction satisfactory to the
Department, and by paying the required restoration fee.
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,
that person's fitness to resume active status and may require
that person to successfully complete an examination.
Any person whose license has been expired for more than 3
years may have his license restored by making application to
the Department and filing proof acceptable to the Department of
his fitness to have his license restored, including sworn
evidence certifying to active practice in another
jurisdiction, and by paying the required restoration fee.
However, any person whose license has expired while he has
been 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 or restoration fee if within 2
years after termination of such service, training or education
other than by dishonorable discharge he furnishes the
Department with an affidavit to the effect that he has been so
engaged and that his service, training or education has been so
terminated.
(Source: P.A. 86-702.)
(225 ILCS 305/17) (from Ch. 111, par. 1317)
(Section scheduled to be repealed on January 1, 2020)
Sec. 17. Inactive status; Restoration. Any licensed
architect, 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 his or her
desire to resume active status.
Any licensed architect requesting restoration from
inactive status shall be required to pay the current renewal
fee and shall have his or her license restored as provided in

Section 16 of this Act.
Any licensed architect whose license is in an inactive
status shall not practice architecture in the State of
Illinois.
(Source: P.A. 86-702.)
(225 ILCS 305/21) (from Ch. 111, par. 1321)
(Section scheduled to be repealed on January 1, 2020)
Sec. 21. Professional design firm registration;
conditions.
(a) Nothing in this Act shall prohibit the formation, under
the provisions of the Professional Service Corporation Act, of
a corporation to offer the practice of architecture.
Any business, including a Professional Service
Corporation, that includes the practice of architecture within
its stated purposes, practices architecture, or holds itself
out as available to practice architecture shall register with
the Department under this Section. Any professional service
corporation, sole proprietorship, or professional design firm
offering architectural services must have a resident architect
in responsible charge of the architectural practices in each
location in which architectural services are provided who shall
be designated as a managing agent.
Any sole proprietorship not owned and operated by an
Illinois licensed design professional licensed under this Act
is shall be prohibited from offering architectural services to

the public. "Illinois licensed design professional" means a
person who holds an active license as an architect under this
Act, as a structural engineer under the Structural Engineering
Practice Act of 1989, or as a professional engineer under the
Professional Engineering Practice Act of 1989, or as a
professional land surveyor under the Professional Land
Surveyor Act of 1989. Any sole proprietorship owned and
operated by an architect 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 an architect 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.
(b) Any corporation, including a Professional Service
Corporation, partnership, limited liability company, or
professional design firm seeking to be registered under this
Section shall not be registered unless:
(1) two-thirds of the board of directors, in the case
of a corporation, or two-thirds of the general partners, in
the case of a partnership, or two-thirds of the members, in
the case of a limited liability company, are licensed under
the laws of any State to practice architecture,

professional engineering, land surveying, or structural
engineering; and
(2) a managing agent is (A) a director in the case of a
corporation, a general partner in the case of a
partnership, or a member in the case of a limited liability
company, and (B) holds a license under this Act.
Any corporation, limited liability company, professional
service corporation, or partnership qualifying under this
Section and practicing in this State shall file with the
Department any information concerning its officers, directors,
members, managers, partners or beneficial owners as the
Department may, by rule, require.
(c) No business shall offer the practice or hold itself out
as available to offer the practice of architecture until it is
registered with the Department as a professional design firm.
Every entity registered as a professional design firm shall
display its certificate of registration or a facsimile thereof
in a conspicuous place in each office offering architectural
services.
(d) Any business seeking to be registered under this
Section shall make application on a form provided by the
Department and shall provide any information requested by the
Department, which shall include but shall not be limited to all
of the following:
(1) The name and architect's license number of at least
one person designated as a the managing agent. In the case

of a corporation, the corporation shall also submit a
certified copy of the resolution by the board of directors
designating at least one managing agent. If a limited
liability company, the company shall submit a certified
copy of either its articles of organization or operating
agreement designating at least one managing agent.
(2) The names and architect's, professional
engineer's, structural engineer's, or land surveyor's
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 architectural services.
(4) A list of all assumed names of the business.
Nothing in this Section shall be construed to exempt a
business 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.
(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 professional
design firm shall notify the Department of this fact in
writing, by certified mail, within 10 business days of

termination.
Thereafter, the professional design firm, if it has so
informed the Department, has 30 days in which to notify the
Department of the name and architect's license number of the
architect who is the 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 period.
If the professional design firm has not notified the
Department in writing, by certified mail within the specified
time, the registration shall be terminated without prior
hearing. Notification of termination shall be sent by certified
mail to the address of record. If the professional design firm
continues to operate and offer architectural services after the
termination, the Department may seek prosecution under
Sections 22, 36, and 36a of this Act for the unlicensed
practice of architecture.
(f) No professional design firm shall be relieved of
responsibility for the conduct or acts of its agents,
employees, or officers by reason of its compliance with this
Section, nor shall any individual practicing architecture 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 architect. 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. 96-610, eff. 8-24-09.)
(225 ILCS 305/23) (from Ch. 111, par. 1323)
(Section scheduled to be repealed on January 1, 2020)
Sec. 23. Violations; Injunction; Cease and desist order.
(a) If any person or entity violates a provision of this
Act, the Director 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 or entity has violated or is
violating the injunction, the 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 or entity practices as an architect or
holds himself out as an architect or professional design firm
without being licensed or registered under the provisions of
this Act, then any licensed architect, any interested party or
any person injured thereby may, in addition to the Director,
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 him. 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.)
(225 ILCS 305/36) (from Ch. 111, par. 1336)
(Section scheduled to be repealed on January 1, 2020)
Sec. 36. Violations. Each of the following Acts constitutes
a Class A misdemeanor for the first offense and a Class 4
felony for a second or subsequent offense:
(a) the practice, attempt to practice or offer to

practice architecture, or the advertising or putting out of
any sign or card or other device which might indicate to
the public that the person is entitled to practice
architecture, without a license as an a licensed architect,
or registration as a professional design firm issued by the
Department. Each day of practicing architecture or
attempting to practice architecture, and each instance of
offering to practice architecture, without a license as an
a licensed architect or registration as a professional
design firm constitutes a separate offense;
(b) the making of any wilfully false oath or
affirmation in any matter or proceeding where an oath or
affirmation is required by this Act;
(c) the affixing of an a licensed architect's seal to
any technical submissions which have not been prepared by
that architect or under the architect's responsible
control;
(d) the violation of any provision of this Act or its
rules;
(e) using or attempting to use an expired, inactive,
suspended, or revoked license, or the certificate or seal
of another, or impersonating another licensee;
(f) obtaining or attempting to obtain a license or
registration by fraud; or
(g) If any person, sole proprietorship, professional
service corporation, limited liability company,

corporation or partnership, or other entity practices
architecture or advertises or displays any sign or card or
other device that might indicate to the public that the
person or entity is entitled to practice as an architect or
use the title "architect" or any of its derivations unless
the person or other entity holds an active license as an
architect or registration as a professional design firm in
the State; then, in addition to any other penalty provided
by law any person or other entity who violates this
subsection (g) shall forfeit and pay to the Design
Professionals Administration and Investigation Fund a
civil penalty in an amount determined by the Department of
not more than $10,000 for each offense.
An unlicensed person who has completed the education
requirements, is actively participating in the diversified
professional training, and maintains in good standing a
training record as required for licensure by this Act may use
the title "architectural intern", but may not independently
engage in the practice of architecture.
(Source: P.A. 96-610, eff. 8-24-09.)
(225 ILCS 305/37.5 new)
Sec. 37.5. 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.
Section 99. Effective date. This Act takes effect upon
becoming law.