Public Act 099-0427

HB1424 Enrolled LRB099 06559 HAF 26632 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 4.26 and adding Section 4.36 as follows:

(5 ILCS 80/4.26)

Sec. 4.26. Acts repealed on January 1, 2016. The following

Acts are repealed on January 1, 2016:

The Illinois Athletic Trainers Practice Act.

The Illinois Roofing Industry Licensing Act.

The Illinois Dental Practice Act.

The Collection Agency Act.

The Barber, Cosmetology, Esthetics, Hair Braiding, and

Nail Technology Act of 1985.

The Respiratory Care Practice Act.

The Hearing Instrument Consumer Protection Act.

The Illinois Physical Therapy Act.

The Professional Geologist Licensing Act.

(Source: P.A. 95-331, eff. 8-21-07; 95-876, eff. 8-21-08;

96-1246, eff. 1-1-11.)

(5 ILCS 80/4.36 new)

Sec. 4.36. Act repealed on January 1, 2026. The following

Act is repealed on January 1, 2026:

The Barber, Cosmetology, Esthetics, Hair Braiding, and

Nail Technology Act of 1985.

Section 10. The Barber, Cosmetology, Esthetics, Hair

Braiding, and Nail Technology Act of 1985 is amended by

changing Sections 1-4, 1-6, 1-7, 1-10, 1-11, 2-2, 2-3, 2-4,

2-7, 2-9, 3-2, 3-3, 3-4, 3-6, 3-7, 3A-6, 3B-2, 3B-10, 3B-11,

3B-12, 3B-13, 3C-8, 3D-5, 3E-5, 4-2, 4-5, 4-7, 4-9, 4-10, 4-13,

4-14, 4-15, 4-16, and 4-17 and by adding Sections 1-6.5, 1-12,

2-10, 2-11, 3-9, 3-10, 3A-8, 3B-17, 3B-18, 3C-10, 3E-7, 4-18.5,

and 4-25 as follows:

(225 ILCS 410/1-4)

(Section scheduled to be repealed on January 1, 2016)

Sec. 1-4. Definitions. In this Act the following words

shall have the following meanings:

"Address of record" means the designated address recorded

by the Department in the applicant's application file or the

licensee's license file, as maintained by the Department's

licensure maintenance unit.

"Board" means the Barber, Cosmetology, Esthetics, Hair

Braiding, and Nail Technology Board.

"Department" means the Department of Financial and

Professional Regulation.

"Licensed barber" means an individual licensed by the

Department to practice barbering as defined in this Act and

whose license is in good standing.

"Licensed cosmetologist" means an individual licensed by

the Department to practice cosmetology, nail technology, hair

braiding, and esthetics as defined in this Act and whose

license is in good standing.

"Licensed esthetician" means an individual licensed by the

Department to practice esthetics as defined in this Act and

whose license is in good standing.

"Licensed nail technician" means an any individual

licensed by the Department to practice nail technology as

defined in this Act and whose license is in good standing.

"Licensed barber teacher" means an individual licensed by

the Department to practice barbering as defined in this Act and

to provide instruction in the theory and practice of barbering

to students in an approved barber school.

"Licensed cosmetology teacher" means an individual

licensed by the Department to practice cosmetology, esthetics,

hair braiding, and nail technology as defined in this Act and

to provide instruction in the theory and practice of

cosmetology, esthetics, hair braiding, and nail technology to

students in an approved cosmetology, esthetics, hair braiding,

or nail technology school.

"Licensed cosmetology clinic teacher" means an individual

licensed by the Department to practice cosmetology, esthetics,

hair braiding, and nail technology as defined in this Act and

to provide clinical instruction in the practice of cosmetology,

esthetics, hair braiding, and nail technology in an approved

school of cosmetology, esthetics, hair braiding, or nail

technology.

"Licensed esthetics teacher" means an individual licensed

by the Department to practice esthetics as defined in this Act

and to provide instruction in the theory and practice of

esthetics to students in an approved cosmetology or esthetics

school.

"Licensed hair braider" means an any individual licensed by

the Department to practice hair braiding as defined in this Act

Section 3E-1 and whose license is in good standing.

"Licensed hair braiding teacher" means an individual

licensed by the Department to practice hair braiding and to

provide instruction in the theory and practice of hair braiding

to students in an approved cosmetology or hair braiding school.

"Licensed nail technology teacher" means an individual

licensed by the Department to practice nail technology and to

provide instruction in the theory and practice of nail

technology to students in an approved nail technology school or

cosmetology school.

"Enrollment" is the date upon which the student signs an

enrollment agreement or student contract.

"Enrollment agreement" or "student contract" is any

agreement, instrument, or contract however named, which

creates or evidences an obligation binding a student to

purchase a course of instruction from a school.

"Enrollment time" means the maximum number of hours a

student could have attended class, whether or not the student

did in fact attend all those hours.

"Elapsed enrollment time" means the enrollment time

elapsed between the actual starting date and the date of the

student's last day of physical attendance in the school.

"Mobile shop or salon" means a self-contained facility that

may be moved, towed, or transported from one location to

another and in which barbering, cosmetology, esthetics, hair

braiding, or nail technology is practiced.

"Secretary" means the Secretary of the Department of

Financial and Professional Regulation.

"Threading" means any technique that results in the removal

of superfluous hair from the body by twisting thread around

unwanted hair and then pulling it from the skin; and may also

include the incidental trimming of eyebrow hair.

(Source: P.A. 97-333, eff. 8-12-11; 97-777, eff. 7-13-12;

98-238, eff. 1-1-14; 98-911, eff. 1-1-15.)

(225 ILCS 410/1-6) (from Ch. 111, par. 1701-6)

(Section scheduled to be repealed on January 1, 2016)

Sec. 1-6. 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 purpose of this Act the notice

required under Section 10-25 of the Administrative Procedure

Act is deemed sufficient when mailed to the address of record,

or, if not an applicant or licensee, to the last known address

of a party.

(Source: P.A. 88-45.)

(225 ILCS 410/1-6.5 new)

Sec. 1-6.5. Address of record. It is the duty of the

applicant or licensee to inform the Department of any change of

address within 14 days after such change either through the

Department's website or by contacting the Department's

licensure maintenance unit.

(225 ILCS 410/1-7) (from Ch. 111, par. 1701-7)

(Section scheduled to be repealed on January 1, 2016)

Sec. 1-7. Licensure required; renewal; restoration.

(a) It is unlawful for any person to practice, or to hold

himself or herself out to be a cosmetologist, esthetician, nail

technician, hair braider, or barber without a license as a

cosmetologist, esthetician, nail technician, hair braider or

barber issued by the Department of Financial and Professional

Regulation pursuant to the provisions of this Act and of the

Civil Administrative Code of Illinois. It is also unlawful for

any person, firm, partnership, limited liability company, or

corporation to own, operate, or conduct a cosmetology,

esthetics, nail technology, hair braiding salon, or barber

school without a license issued by the Department or to own or

operate a cosmetology, esthetics, nail technology, or hair

braiding salon, or barber shop, or other business subject to

the registration requirements of this Act without a certificate

of registration issued by the Department. It is further

unlawful for any person to teach in any cosmetology, esthetics,

nail technology, hair braiding, or barber college or school

approved by the Department or hold himself or herself out as a

cosmetology, esthetics, hair braiding, nail technology, or

barber teacher without a license as a teacher, issued by the

Department or as a cosmetology clinic teacher without a license

as a cosmetology clinic teacher issued by the Department.

(b) Notwithstanding any other provision of this Act, a

person licensed as a cosmetologist may hold himself or herself

out as an esthetician and may engage in the practice of

esthetics, as defined in this Act, without being licensed as an

esthetician. A person licensed as a cosmetology teacher may

teach esthetics or hold himself or herself out as an esthetics

teacher without being licensed as an esthetics teacher. A

person licensed as a cosmetologist may hold himself or herself

out as a nail technician and may engage in the practice of nail

technology, as defined in this Act, without being licensed as a

nail technician. A person licensed as a cosmetology teacher may

teach nail technology and hold himself or herself out as a nail

technology teacher without being licensed as a nail technology

teacher. A person licensed as a cosmetologist may hold himself

or herself out as a hair braider and may engage in the practice

of hair braiding, as defined in this Act, without being

licensed as a hair braider. A person licensed as a cosmetology

teacher may teach hair braiding and hold himself or herself out

as a hair braiding teacher without being licensed as a hair

braiding teacher.

(c) A person licensed as a barber teacher may hold himself

or herself out as a barber and may practice barbering without a

license as a barber. A person licensed as a cosmetology teacher

may hold himself or herself out as a cosmetologist,

esthetician, hair braider, and nail technologist and may

practice cosmetology, esthetics, hair braiding, and nail

technology without a license as a cosmetologist, esthetician,

hair braider, or nail technologist. A person licensed as an

esthetics teacher may hold himself or herself out as an

esthetician without being licensed as an esthetician and may

practice esthetics. A person licensed as a nail technician

teacher may practice nail technology and may hold himself or

herself out as a nail technologist without being licensed as a

nail technologist. A person licensed as a hair braiding teacher

may practice hair braiding and may hold himself or herself out

as a hair braider without being licensed as a hair braider.

(d) The holder of a license issued under this Act may renew

that license during the month preceding the expiration date of

the license by paying the required fee.

(e) The expiration date, renewal period, and conditions for

renewal and restoration of each license shall be established by

rule.

(f) A license issued under the provisions of this Act as a

barber, barber teacher, cosmetologist, cosmetology teacher,

cosmetology clinic teacher, esthetician, esthetics teacher,

nail technician, nail technician teacher, hair braider, or hair

braiding teacher that has expired while the holder of the

license was engaged (1) in federal service on active duty with

the Army, Navy, Marine Corps, Air Force, or Coast Guard of the

United States of America, or any Women's Auxiliary thereof, 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 be reinstated or restored

without payment of any lapsed renewal fees, reinstatement fee,

or restoration fee if within 2 years after the termination of

such service, training, or education other than by dishonorable

discharge, the holder furnishes the Department with an

affidavit to the effect that he or she has been so engaged and

that his or her service, training, or education has been so

terminated.

(Source: P.A. 98-911, eff. 1-1-15.)

(225 ILCS 410/1-10) (from Ch. 111, par. 1701-10)

(Section scheduled to be repealed on January 1, 2016)

Sec. 1-10. Display. Every holder of a license shall display

it in a place in the holder's principal office, place of

business or place of employment. Whenever a licensed

cosmetologist, esthetician, nail technician, hair braider, or

barber practices cosmetology, esthetics, nail technology, hair

braiding, or barbering outside of or away from the

cosmetologist's, esthetician's, nail technician's, hair

braider's, or barber's principal office, place of business, or

place of employment, the cosmetologist, esthetician, nail

technician, hair braider, or barber shall provide any person so

requesting proof that he or she has a valid license issued

deliver to each person served a certificate of identification

in a form specified by the Department.

Every registered shop shall display its certificate of

registration at the location of the shop. Each shop where

barber, cosmetology, esthetics, hair braiding, or nail

technology services are provided shall have a certificate of

registration.

(Source: P.A. 96-1246, eff. 1-1-11.)

(225 ILCS 410/1-11) (from Ch. 111, par. 1701-11)

(Section scheduled to be repealed on January 1, 2016)

Sec. 1-11. Exceptions to Act.

(a) Nothing in this Act shall be construed to apply to the

educational activities conducted in connection with any

monthly, annual or other special educational program of any

bona fide association of licensed cosmetologists,

estheticians, nail technicians, hair braiders, or barbers, or

licensed cosmetology, esthetics, nail technology, hair

braiding, or barber schools from which the general public is

excluded.

(b) Nothing in this Act shall be construed to apply to the

activities and services of registered nurses or licensed

practical nurses, as defined in the Nurse Practice Act, or to

personal care or health care services provided by individuals

in the performance of their duties as employed or authorized by

facilities or programs licensed or certified by State agencies.

As used in this subsection (b), "personal care" means

assistance with meals, dressing, movement, bathing, or other

personal needs or maintenance or general supervision and

oversight of the physical and mental well-being of an

individual who is incapable of maintaining a private,

independent residence or who is incapable of managing his or

her person whether or not a guardian has been appointed for

that individual. The definition of "personal care" as used in

this subsection (b) shall not otherwise be construed to negate

the requirements of this Act or its rules.

(c) Nothing in this Act shall be deemed to require

licensure of individuals employed by the motion picture, film,

television, stage play or related industry for the purpose of

providing cosmetology or esthetics services to actors of that

industry while engaged in the practice of cosmetology or

esthetics as a part of that person's employment.

(d) Nothing in this Act shall be deemed to require

licensure of an inmate of the Department of Corrections who

performs barbering or cosmetology with the approval of the

Department of Corrections during the person's incarceration.

(Source: P.A. 95-639, eff. 10-5-07; 96-1246, eff. 1-1-11.)

(225 ILCS 410/1-12 new)

Sec. 1-12. Licensure by endorsement. The Department may,

without examination, grant a license under this Act to an

applicant who is licensed or registered for or authorized to

practice the same profession under the laws of another state or

jurisdiction of the United States or of a foreign country upon

filing of an application on forms provided by the Department,

paying the required fee, and meeting such requirements as are

established by rule. The Department may prescribe rules

governing recognition of education and legal practice in

another jurisdiction, requiring additional education, and

determining when an examination may be required.

(225 ILCS 410/2-2) (from Ch. 111, par. 1702-2)

(Section scheduled to be repealed on January 1, 2016)

Sec. 2-2. Licensure as a barber; qualifications. A person

is qualified to receive a license as a barber if that person

has applied in writing on forms prescribed by the Department,

has paid the required fees, and:

a. Is at least 16 years of age; and

b. Has a certificate of graduation from a school

providing secondary education, or the recognized

equivalent of such a certificate, or persons who are beyond

the age of compulsory school attendance; and

c. Has graduated from a school of barbering or school

of cosmetology approved by the Department, having

completed a total of 1500 hours in the study of barbering

extending over a period of not less than 9 months nor more

than 3 years. A school of barbering may, at its discretion,

consistent with the rules of the Department, accept up to

1,000 500 hours of cosmetology school training at a

recognized cosmetology school toward the 1500 hour course

requirement of barbering. Time spent in such study under

the laws of another state or territory of the United States

or of a foreign country or province shall be credited

toward the period of study required by the provisions of

this paragraph; and

d. Has passed an examination caused to be conducted by

the Department or its designated testing service to

determine fitness to receive a license as a barber; and

e. Has met all other requirements of this Act.

(Source: P.A. 97-777, eff. 7-13-12.)

(225 ILCS 410/2-3) (from Ch. 111, par. 1702-3)

(Section scheduled to be repealed on January 1, 2016)

Sec. 2-3. Licensure as a barber by a cosmetology school

graduate. A person is qualified to receive a license as a

barber if that person has applied in writing on forms provided

by the Department, paid the required fees, and:

a. Is at least 16 years of age; and

b. Has a certificate of graduation from a school providing

secondary education, or the recognized equivalent of such a

certificate, or persons who are beyond the age of compulsory

school attendance; and

c. Has graduated from a cosmetology school approved by the

Department having completed a minimum of 1500 hours in the

study of cosmetology; and

d. Has graduated from a school of barbering or cosmetology

approved by the Department having completed a minimum of 500

1000 additional hours in the study of barbering extending over

a period of no less than 3 6 months nor more than one year 2

years. Time spent in such study under the laws of another state

or territory of the United States or of a foreign country or

province shall be credited toward the period of study required

by the provisions of this paragraph; and

e. Has passed an examination caused to be conducted by the

Department, or its designated testing service, to determine

fitness to receive a license as a barber; and

f. Has met any other requirements set forth in this Act.

(Source: P.A. 89-387, eff. 1-1-96; 89-706, eff. 1-31-97.)

(225 ILCS 410/2-4) (from Ch. 111, par. 1702-4)

(Section scheduled to be repealed on January 1, 2016)

Sec. 2-4. Licensure as a barber teacher; qualifications. A

person is qualified to receive a license as a barber teacher if

that person files an application on forms provided by the

Department, pays the required fee, and:

a. Is at least 18 years of age;

b. Has graduated from high school or its equivalent;

c. Has a current license as a barber or cosmetologist;

d. Has graduated from a barber school or school of

cosmetology approved by the Department having:

(1) completed a total of 500 hours in barber

teacher training extending over a period of not less

than 3 months nor more than 2 years and has had 3 years

of practical experience as a licensed barber;

(2) completed a total of 1,000 hours of barber

teacher training extending over a period of not less

than 6 months nor more than 2 years; or

(3) completed the cosmetology teacher training as

specified in paragraph (4) of subsection (a) of Section

3-4 of this Act and completed a supplemental barbering

course as established by rule; and

e. Has passed an examination authorized by the

Department to determine fitness to receive a license as a

barber teacher or a cosmetology teacher; and

f. Has met any other requirements set forth in this

Act.

An applicant who is issued a license as a barber teacher

Barber Teacher is not required to maintain a barber license in

order to practice barbering as defined in this Act.

(Source: P.A. 97-777, eff. 7-13-12; 98-911, eff. 1-1-15;

revised 11-25-14.)

(225 ILCS 410/2-7) (from Ch. 111, par. 1702-7)

(Section scheduled to be repealed on January 1, 2016)

Sec. 2-7. Examination of applicants. The Department shall

hold examinations of applicants for licensure as barbers and

teachers of barbering at such times and places as it may

determine. Upon request, the examinations shall be

administered in Spanish.

Each applicant shall be given a written examination testing

both theoretical and practical knowledge of the following

subjects insofar as they are related and applicable to the

practice of barber science and art: (1) anatomy, (2)

physiology, (3) skin diseases, (4) hygiene and sanitation, (5)

barber history, (6) this Act and the rules for the

administration of this Act barber law, (7) hair cutting and

styling, (8) shaving, shampooing, and permanent waving, (9)

massaging, (10) bleaching, tinting, and coloring, and (11)

implements.

The examination of applicants for licensure as a barber

teacher shall include: (a) practice of barbering and styling,

(b) theory of barbering, (c) methods of teaching, and (d)

school management.

If an applicant for licensure as a barber fails to pass 3

examinations conducted by the Department, the applicant shall,

before taking a subsequent examination, furnish evidence of not

less than 250 hours of additional study of barbering in an

approved school of barbering or cosmetology since the applicant

last took the examination. If an applicant for licensure as a

barber teacher fails to pass 3 examinations conducted by the

Department, the applicant shall, before taking a subsequent

examination, furnish evidence of not less than 80 hours of

additional study in teaching methodology and educational

psychology in an approved school of barbering or cosmetology

since the applicant last took the examination. An applicant who

fails to pass the fourth examination shall not again be

admitted to an examination unless: (i) in the case of an

applicant for licensure as a barber, the applicant again takes

and completes a program of 1,500 hours in the study of

barbering in an approved school of barbering or cosmetology

extending over a period that commences after the applicant

fails to pass the fourth examination and that is not less than

8 months nor more than 7 consecutive years in duration; or (ii)

in the case of an applicant for licensure as a barber teacher,

the applicant again takes and completes a program of 1,000

hours of teacher training in an approved school of barbering or

cosmetology, except that if the applicant had 2 years of

practical experience as a licensed barber within the 5 years

preceding the initial examination taken by the applicant, the

applicant must again take and complete a program of 500 hours

of teacher training in an approved school of barbering or

cosmetology. The requirements for remedial training set forth

in this Section may be waived in whole or in part by the

Department upon proof to the Department that the applicant has

demonstrated competence to again sit for the examination. The

Department shall adopt rules establishing standards by which

this determination shall be made.

This Act does not prohibit the practice as a barber or

barber teacher by one who has applied in writing to the

Department, in form and substance satisfactory to the

Department, for a license and has complied with all the

provisions of this Act in order to qualify for a license except

the passing of an examination, until: (a) the expiration of 6

months after the filing of such written application, or (b) the

decision of the Department that the applicant has failed to

pass an examination within 6 months or failed without an

approved excuse to take an examination conducted within 6

months by the Department, or (c) the withdrawal of the

application.

(Source: P.A. 94-451, eff. 12-31-05.)

(225 ILCS 410/2-9)

(Section scheduled to be repealed on January 1, 2016)

Sec. 2-9. Certification Degree in barbering at a

cosmetology school. A school of cosmetology may offer a

certificate degree in barbering, as defined by this Act,

provided that the school of cosmetology complies with

subsections (c), (d), and (e) of Section 2-2 of this Act;

utilizes barber teachers properly licensed under Section 2-4 of

this Act; and complies with Sections 2A-7 and 3B-10 of this

Act.

(Source: P.A. 97-777, eff. 7-13-12; 98-911, eff. 1-1-15.)

(225 ILCS 410/2-10 new)

Sec. 2-10. Licensed cosmetologist seeking license as a

barber. A licensed cosmetologist who submits to the Department

an application for licensure as a barber must meet all

requirements of this Act for licensure as a barber, except that

such applicant shall be given credit for hours of instruction

completed for his or her cosmetologist license in subjects that

are common to both barbering and cosmetology and shall complete

an additional 500 hours of instruction in subjects not within

the scope of practice of a cosmetologist. The Department shall

provide for the implementation of this provision by rule.

(225 ILCS 410/2-11 new)

Sec. 2-11. Inactive status. Any barber or barber teacher

who notifies the Department in writing on forms prescribed by

the Department may elect to place his or her license on

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 barber or barber teacher requesting

restoration from inactive status shall be required to pay the

current renewal fee and to qualify for the restoration of his

or her license, subject to rules of the Department. Any barber

or barber teacher whose license is in inactive status shall not

practice in the State of Illinois.

(225 ILCS 410/3-2) (from Ch. 111, par. 1703-2)

(Section scheduled to be repealed on January 1, 2016)

Sec. 3-2. Licensure; qualifications.

(1) A person is qualified to receive a license as a

cosmetologist who has filed an application on forms provided by

the Department, pays the required fees, and:

a. Is at least l6 years of age; and

b. Is beyond the age of compulsory school attendance or

has received a certificate of graduation from a school

providing secondary education, or the recognized

equivalent of that certificate; and

c. Has graduated from a school of cosmetology approved

by the Department, having completed a program of 1,500 l500

hours in the study of cosmetology extending over a period

of not less than 8 months nor more than 7 consecutive

years. A school of cosmetology may, at its discretion,

consistent with the rules of the Department, accept up to

1,000 500 hours of barber school training at a recognized

barber school toward the 1,500 l500 hour program

requirement of cosmetology. Time spent in such study under

the laws of another state or territory of the United States

or of a foreign country or province shall be credited

toward the period of study required by the provisions of

this paragraph; and

d. Has passed an examination authorized by the

Department to determine eligibility to receive a license as

a cosmetologist; and

e. Has met any other requirements of this Act.

(2) (Blank).

(Source: P.A. 93-253, eff. 7-22-03; 94-451, eff. 12-31-05.)

(225 ILCS 410/3-3) (from Ch. 111, par. 1703-3)

(Section scheduled to be repealed on January 1, 2016)

Sec. 3-3. Licensure as a cosmetologist by a barber school

graduate. A person is qualified to receive a license as a

cosmetologist if that person has filed an application on forms

provided by the Department, has paid the required fees, and:

a. Is at least 16 years of age; and

b. Has a certificate of graduation from a school providing

secondary education, or the recognized equivalent of such a

certificate, or is beyond the age of compulsory school

attendance; and

c. Has graduated from a school of barbering approved by the

Department having completed 1500 hours in the study of

barbering, and a minimum of 500 1000 additional hours in the

study of cosmetology extending over a period of no less than 3

6 months nor more than one year 2 years. Time spent in such

study under the laws of another state or territory of the

United States or of a foreign country or province shall be

credited toward the period of study required by the provisions

of this paragraph; and

d. Has passed an examination authorized by the Department

to determine fitness to receive a license as a cosmetologist;

and

e. Has met any other requirements of this Act.

(Source: P.A. 89-387, eff. 1-1-96.)

(225 ILCS 410/3-4) (from Ch. 111, par. 1703-4)

(Section scheduled to be repealed on January 1, 2016)

Sec. 3-4. Licensure as cosmetology teacher or cosmetology

clinic teacher; qualifications.

(a) A person is qualified to receive license as a

cosmetology teacher if that person has applied in writing on

forms provided by the Department, has paid the required fees,

and:

(1) is at least 18 years of age;

(2) has graduated from high school or its equivalent;

(3) has a current license as a cosmetologist;

(4) has either: (i) completed a program of 500 hours of

teacher training in a licensed school of cosmetology and

had 2 years of practical experience as a licensed

cosmetologist within 5 years preceding the examination; or

(ii) completed a program of 1,000 hours of teacher training

in a licensed school of cosmetology; or (iii) completed the

barber teacher training as specified in subsection (d) of

Section 2-4 of this Act and completed a supplemental

cosmetology course as established by rule;

(5) has passed an examination authorized by the

Department to determine eligibility to receive a license as

a cosmetology teacher or barber teacher; and

(6) has met any other requirements of this Act.

An individual who receives a license as a cosmetology

teacher shall not be required to maintain an active cosmetology

license in order to practice cosmetology as defined in this

Act.

(b) A person is qualified to receive a license as a

cosmetology clinic teacher if he or she has applied in writing

on forms provided by the Department, has paid the required

fees, and:

(1) is at least 18 years of age;

(2) has graduated from high school or its equivalent;

(3) has a current license as a cosmetologist;

(4) has (i) completed a program of 250 hours of clinic

teacher training in a licensed school of cosmetology or

(ii) within 5 years preceding the examination, has obtained

a minimum of 2 years of practical experience working at

least 30 full-time hours per week as a licensed

cosmetologist and has completed an instructor's institute

of 20 hours, as prescribed by the Department, prior to

submitting an application for examination;

(5) has passed an examination authorized by the

Department to determine eligibility to receive a license as

a cosmetology teacher; and

(6) has met any other requirements of this Act.

The Department shall not issue any new cosmetology clinic

teacher licenses after January 1, 2009. Any person issued a

license as a cosmetology clinic teacher before January 1, 2009,

may renew the license after that date under this Act and that

person may continue to renew the license or have the license

restored during his or her lifetime, subject only to the

renewal or restoration requirements for the license under this

Act; however, such licensee and license shall remain subject to

the provisions of this Act, including, but not limited to,

provisions concerning renewal, restoration, fees, continuing

education, discipline, administration, and enforcement.

(Source: P.A. 94-451, eff. 12-31-05.)

(225 ILCS 410/3-6) (from Ch. 111, par. 1703-6)

(Section scheduled to be repealed on January 1, 2016)

Sec. 3-6. Examination. The Department shall authorize

examinations of applicants for licensure as cosmetologists and

teachers of cosmetology at the times and places it may

determine. The Department may provide by rule for the

administration of the examination prior to the completion of

the applicant's program of training as required in Section 3-2,

3-3, or 3-4. If an applicant for licensure as a cosmetologist

fails to pass 3 examinations conducted by the Department, the

applicant shall, before taking a subsequent examination,

furnish evidence of not less than 250 hours of additional study

of cosmetology in an approved school of cosmetology since the

applicant last took the examination. If an applicant for

licensure as a cosmetology teacher fails to pass 3 examinations

conducted by the Department, the applicant shall, before taking

a subsequent examination, furnish evidence of not less than 80

hours of additional study in teaching methodology and

educational psychology in an approved school of cosmetology

since the applicant last took the examination. An applicant who

fails to pass the fourth examination shall not again be

admitted to an examination unless: (i) in the case of an

applicant for licensure as a cosmetologist, the applicant again

takes and completes a program of 1500 hours in the study of

cosmetology in an approved school of cosmetology extending over

a period that commences after the applicant fails to pass the

fourth examination and that is not less than 8 months nor more

than 7 consecutive years in duration; (ii) in the case of an

applicant for licensure as a cosmetology teacher, the applicant

again takes and completes a program of 1000 hours of teacher

training in an approved school of cosmetology, except that if

the applicant had 2 years of practical experience as a licensed

cosmetologist within the 5 years preceding the initial

examination taken by the applicant, the applicant must again

take and complete a program of 500 hours of teacher training in

an approved school of cosmetology, esthetics, or nail

technology; or (iii) in the case of an applicant for licensure

as a cosmetology clinic teacher, the applicant again takes and

completes a program of 250 hours of clinic teacher training in

a licensed school of cosmetology or an instructor's institute

of 20 hours. The requirements for remedial training set forth

in this Section may be waived in whole or in part by the

Department upon proof to the Department that the applicant has

demonstrated competence to again sit for the examination. The

Department shall adopt rules establishing the standards by

which this determination shall be made. Each cosmetology

applicant shall be given a written examination testing both

theoretical and practical knowledge, which shall include, but

not be limited to, questions that determine the applicant's

knowledge of product chemistry, sanitary rules, sanitary

procedures, chemical service procedures, hazardous chemicals

and exposure minimization, knowledge of the anatomy of the

skin, scalp, hair, and nails as they relate to applicable

services under this Act and labor and compensation laws.

The examination of applicants for licensure as a

cosmetology, esthetics, or nail technology teacher may include

all of the elements of the exam for licensure as a

cosmetologist, esthetician, or nail technician and also

include teaching methodology, classroom management, record

keeping, and any other related subjects that the Department in

its discretion may deem necessary to insure competent

performance.

This Act does not prohibit the practice of cosmetology by

one who has applied in writing to the Department, in form and

substance satisfactory to the Department, for a license as a

cosmetologist, or the teaching of cosmetology by one who has

applied in writing to the Department, in form and substance

satisfactory to the Department, for a license as a cosmetology

teacher or cosmetology clinic teacher, if the person has

complied with all the provisions of this Act in order to

qualify for a license, except the passing of an examination to

be eligible to receive a license, until: (a) the expiration of

6 months after the filing of the written application, (b) the

decision of the Department that the applicant has failed to

pass an examination within 6 months or failed without an

approved excuse to take an examination conducted within 6

months by the Department, or (c) the withdrawal of the

application.

(Source: P.A. 94-451, eff. 12-31-05.)

(225 ILCS 410/3-7) (from Ch. 111, par. 1703-7)

(Section scheduled to be repealed on January 1, 2016)

Sec. 3-7. Licensure; renewal; continuing education;

military service. The holder of a license issued under this

Article III may renew that license during the month preceding

the expiration date thereof by paying the required fee, giving

such evidence as the Department may prescribe of completing not

less than 14 hours of continuing education for a cosmetologist,

and 24 hours of continuing education for a cosmetology teacher

or cosmetology clinic teacher, within the 2 years prior to

renewal. The training shall be in subjects approved by the

Department as prescribed by rule upon recommendation of the

Board and may include online instruction.

A license that has been expired for more than 5 years may

be restored by payment of the restoration fee and submitting

evidence satisfactory to the Department of the current

qualifications and fitness of the licensee, which shall include

completion of continuing education hours for the period

subsequent to expiration.

The Department shall establish by rule a means for the

verification of completion of the continuing education

required by this Section. This verification may be accomplished

through audits of records maintained by registrants, by

requiring the filing of continuing education certificates with

the Department, or by other means established by the

Department.

A license issued under the provisions of this Act that has

expired while the holder of the license 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 any Women's Auxiliary thereof, 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 be reinstated or restored

without the payment of any lapsed renewal fees, reinstatement

fee, or restoration fee if within 2 years after the termination

of such service, training, or education other than by

dishonorable discharge, the holder furnishes the Department

with an affidavit to the effect that he or she has been so

engaged and that his or her service, training, or education has

been so terminated.

The Department, in its discretion, may waive enforcement of

the continuing education requirement in this Section and shall

adopt rules defining the standards and criteria for that waiver

under the following circumstances:

(a) the licensee resides in a locality where it is

demonstrated that the absence of opportunities for such

education would interfere with the ability of the licensee

to provide service to the public;

(b) that to comply with the continuing education

requirements would cause a substantial financial hardship

on the licensee;

(c) that the licensee is serving in the United States

Armed Forces; or

(d) that the licensee is incapacitated due to illness.

The continuing education requirements of this Section do

not apply to a licensee who (i) is at least 62 years of age or

(ii) has been licensed as a cosmetologist, cosmetology teacher,

or cosmetology clinic teacher for at least 25 years.

(Source: P.A. 98-911, eff. 1-1-15.)

(225 ILCS 410/3-9 new)

Sec. 3-9. Licensed barber seeking license as

cosmetologist. A licensed barber who submits to the Department

an application for licensure as a cosmetologist must meet all

requirements of this Act for licensure as a cosmetologist,

except that such applicant shall be given credit for hours of

instruction completed for his or her barber license in subjects

that are common to both barbering and cosmetology and shall

complete an additional 500 hours of instruction in subjects not

within the scope of practice of a barber. The Department shall

provide for the implementation of this provision by rule.

(225 ILCS 410/3-10 new)

Sec. 3-10. Licensed esthetician or licensed nail

technician seeking license as a cosmetologist. A licensed

esthetician or licensed nail technician who submits to the

Department an application for licensure as a cosmetologist must

meet all requirements of this Act for licensure as a

cosmetologist except that such applicant shall be given credit

for hours of instruction completed for his or her esthetician

or nail technician license in subjects that are common to both

esthetics or nail technology and cosmetology. The Department

shall provide for the implementation of this provision by rule.

(225 ILCS 410/3A-6) (from Ch. 111, par. 1703A-6)

(Section scheduled to be repealed on January 1, 2016)

Sec. 3A-6. Licensure; renewal; continuing education;

examination; military service. The holder of a license issued

under this Article may renew such license during the month

preceding the expiration date thereof by paying the required

fee, giving evidence the Department may prescribe of completing

not less than 10 hours for estheticians, and not less than 20

hours of continuing education for esthetics teachers, within

the 2 years prior to renewal. The training shall be in

subjects, approved by the Department as prescribed by rule upon

recommendation of the Board.

A license that has expired or been placed on inactive

status may be restored only by payment of the restoration fee

and submitting evidence satisfactory to the Department of the

current qualifications and fitness of the licensee including

the completion of continuing education hours for the period

following expiration.

A license issued under the provisions of this Act that has

expired while the holder of the license 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 any Women's Auxiliary thereof, 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 be reinstated or restored

without the payment of any lapsed renewal fees, reinstatement

fee, or restoration fee if within 2 years after the termination

of such service, training, or education other than by

dishonorable discharge, the holder furnishes the Department

with an affidavit to the effect that he or she has been so

engaged and that his or her service, training, or education has

been so terminated.

The Department, in its discretion, may waive enforcement of

the continuing education requirement in this Section, and shall

adopt rules defining the standards and criteria for such

waiver, under the following circumstances:

(1) the licensee resides in a locality where it is

demonstrated that the absence of opportunities for such

education would interfere with the ability of the licensee

to provide service to the public;

(2) the licensee's compliance with the continuing

education requirements would cause a substantial financial

hardship on the licensee;

(3) the licensee is serving in the United States Armed

Forces; or

(4) the licensee is incapacitated due to illness.

(Source: P.A. 98-911, eff. 1-1-15.)

(225 ILCS 410/3A-8 new)

Sec. 3A-8. Inactive status. Any esthetician or esthetician

teacher who notifies the Department in writing on forms

prescribed by the Department may elect to place his or her

license on 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 esthetician or esthetician teacher requesting

restoration from inactive status shall be required to pay the

current renewal fee and to qualify for the restoration of his

or her license, subject to rules of the Department. A license

shall not be restored from inactive status unless the

esthetician or esthetician teacher requesting the restoration

completes the number of hours of continuing education required

for renewal of a license under Section 3A-6.

Any esthetician or esthetician teacher whose license is in

inactive status shall not practice in the State of Illinois.

(225 ILCS 410/3B-2) (from Ch. 111, par. 1703B-2)

(Section scheduled to be repealed on January 1, 2016)

Sec. 3B-2. Investigations by Department upon its own motion

or upon verified complaint; opportunity for corrections. The

Department may upon its own motion and shall upon the verified

complaint in writing of any person setting forth facts which if

proved would constitute grounds for refusal or revocation under

this Act, investigate the actions of any applicant or any

person or persons holding or claiming to hold a license.

Any student or employee of a school approved by this Act

who believes he has been aggrieved by a violation of this Act

shall have the right to file a written complaint within one

year of the alleged violation. The Department shall acknowledge

receipt of such written complaint, commence an investigation of

the alleged violation, and forward to the Attorney General and

any appropriate State's Attorney's office copies of complaints

as required by Section 3B-3. The Department shall inform

forward a copy of the formal complaint and order to the person

who filed the complaint and to the chief operating officer of

the school cited in the complaint of the nature or substance of

the complaint and afford the school an opportunity to either

resolve the complaint to the satisfaction of the complainant or

submit a written response to the Department.

However, before proceeding to a hearing on the question of

whether a license shall be refused or revoked, the Department

may issue a letter granting the school in question 30 days to

correct the deficiency or deficiencies. The letter shall

enumerate the deficiencies and state the action on the part of

the school that will remediate the deficiency or deficiencies.

During the time designated to remedy deficiencies the

Department may order the school to cease and desist from all

marketing and student enrollment activities.

(Source: P.A. 89-387, eff. 1-1-96; 89-626, eff. 8-9-96.)

(225 ILCS 410/3B-10)

(Section scheduled to be repealed on January 1, 2016)

Sec. 3B-10. Requisites for ownership or operation of

school. No person, firm, or corporation may own, operate, or

conduct a school of barbering, cosmetology, esthetics, hair

braiding, or nail technology for the purpose of teaching

barbering, cosmetology, esthetics, hair braiding, or nail

technology for compensation unless licensed by the Department.

A licensed school is a postsecondary educational institution

authorized by the Department to provide a postsecondary

education program in compliance with the requirements of this

Act. An applicant shall apply to the Department on forms

provided by the Department, pay the required fees, and comply

with the following requirements:

1. The applicant must submit to the Department for

approval:

a. A floor plan, drawn to a scale specified on the

floor plan, showing every detail of the proposed

school; and

b. A lease commitment or proof of ownership for the

location of the proposed school; a lease commitment

must provide for execution of the lease upon the

Department's approval of the school's application and

the lease must be for a period of at least one year.

c. (Blank).

2. An application to own or operate a school shall

include the following:

a. If the owner is a corporation, a copy of the

Articles of Incorporation or, if the owner is a limited

liability company, a copy of the articles of

organization;

b. If the owner is a partnership, a listing of all

partners and their current addresses;

c. If the applicant is an owner, a completed

financial statement showing the owner's ability to

operate the school for at least 3 months;

d. A copy of the official enrollment agreement or

student contract to be used by the school, which shall

be consistent with the requirements of this Act and

rules;

e. A listing of all teachers who will be in the

school's employ, including their teacher license

numbers;

f. A copy of the curricula that will be followed;

g. The names, addresses, and current status of all

schools in which the applicant has previously owned any

interest, and a declaration as to whether any of these

schools were ever denied accreditation or licensing or

lost accreditation or licensing from any governmental

body or accrediting agency;

h. Each application for a certificate of approval

shall be signed and certified under oath by the

school's chief managing employee and also by its

individual owner or owners; if the applicant is a

partnership or a corporation, then the application

shall be signed and certified under oath by the

school's chief managing employee and also by each

member of the partnership or each officer of the

corporation, as the case may be;

i. A copy of the school's official transcript; and

j. The required fee.

3. Each application for a license to operate a school

shall also contain the following commitments:

a. To conduct the school in accordance with this

Act and the standards, and rules from time to time

adopted under this Act and to meet standards and

requirements at least as stringent as those required by

Part H of the Federal Higher Education Act of 1965.

b. To permit the Department to inspect the school

or classes thereof from time to time with or without

notice; and to make available to the Department, at any

time when required to do so, information including

financial information pertaining to the activities of

the school required for the administration of this Act

and the standards and rules adopted under this Act;

c. To utilize only advertising and solicitation

which is free from misrepresentation, deception,

fraud, or other misleading or unfair trade practices;

d. To screen applicants to the school prior to

enrollment pursuant to the requirements of the

school's regional or national accrediting agency, if

any, and to maintain any and all records of such

screening. If the course of instruction is offered in a

language other than English, the screening shall also

be performed in that language;

e. To post in a conspicuous place a statement,

developed by the Department, of student's rights

provided under this Act.

4. The applicant shall establish to the satisfaction of

the Department that the owner possesses sufficient liquid

assets to meet the prospective expenses of the school for a

period of 3 months. In the discretion of the Department,

additional proof of financial ability may be required.

5. The applicant shall comply with all rules of the

Department determining the necessary curriculum and

equipment required for the conduct of the school.

6. The applicant must demonstrate employment of a

sufficient number of qualified teachers who are holders of

a current license issued by the Department.

7. A final inspection of the barber, cosmetology,

esthetics, hair braiding, or nail technology school shall

be made by the Department before the school may commence

classes.

8. A written inspection report must be made by the

State Fire Marshal or a local fire authority approving the

use of the proposed premises as a barber, cosmetology,

esthetics, hair braiding, or nail technology school.

(Source: P.A. 98-238, eff. 1-1-14; 98-911, eff. 1-1-15.)

(225 ILCS 410/3B-11)

(Section scheduled to be repealed on January 1, 2016)

Sec. 3B-11. Periodic review of barber, cosmetology,

esthetics, hair braiding, and nail technology schools. The

Department shall review at least biennially all All approved

schools and courses of instruction are subject to review by the

Department. The biennial review shall include consideration of

a comparison between the graduation or completion rate for the

school and the graduation or completion rate for the schools

within that classification of schools. Consideration shall be

given to complaints and information forwarded to the Department

by the Federal Trade Commission, Better Business Bureaus, the

Illinois Attorney General's Office, a State's Attorney's

Office, other State or official approval agencies, local school

officials, and interested persons. The Department shall

investigate all complaints filed with the Department about a

school or its sales representatives.

A school shall retain the records, as defined by rule, of a

student who withdraws from or drops out of the school, by

written notice of cancellation or otherwise, for any period

longer than 7 years from the student's first day of attendance.

However, a school shall retain indefinitely the transcript of

each student who completes the program and graduates from the

school.

(Source: P.A. 98-911, eff. 1-1-15.)

(225 ILCS 410/3B-12)

(Section scheduled to be repealed on January 1, 2016)

Sec. 3B-12. Enrollment agreements.

(a) Enrollment agreements shall be used by barber,

cosmetology, esthetics, hair braiding, and nail technology

schools licensed to operate by the Department and shall include

the following written disclosures:

(1) The name and address of the school and the

addresses where instruction will be given;

(2) The name and description of the course of

instruction, including the number of clock hours in each

course and an approximate number of weeks or months

required for completion;

(3) The scheduled starting date and calculated

completion date;

(4) The total cost of the course of instruction

including any charges made by the school for tuition,

books, materials, supplies, and other expenses;

(5) A clear and conspicuous statement that the contract

is a legally binding instrument when signed by the student

and accepted by the school;

(6) A clear and conspicuous caption, "BUYER'S RIGHT TO

CANCEL" under which it is explained that the student has

the right to cancel the initial enrollment agreement until

midnight of the fifth business day after the student has

been enrolled; and if notice of the right to cancel is not

given to any prospective student at the time the enrollment

agreement is signed, then the student has the right to

cancel the agreement at any time and receive a refund of

all monies paid to date within 10 days of cancellation;

(7) A notice to the students that the cancellation must

be in writing and given to the registered agent, if any, or

managing employee of the school;

(8) The school's refund policy for unearned tuition,

fees, and other charges;

(9) The date of the student's signature and the date of

the student's admission;

(10) The name of the school employee or agent

responsible for procuring, soliciting, or enrolling the

student;

(11) A clear statement that the institution does not

guarantee employment and a statement describing the

school's placement assistance procedures;

(12) The graduation requirements of the school;

(13) The contents of the following notice, in at least

10 point bold type:

"NOTICE TO THE STUDENT"

"Do not sign this contract before you read it or if it

contains any blank space. You are entitled to an exact copy

of the contract you sign."

(14) A statement either in the enrollment agreement or

separately provided and acknowledged by the student

indicating the number of students who did not complete the

course of instruction for which they enrolled for the past

calendar year as compared to the number of students who

enrolled in school during the school's past calendar year;

(15) The following clear and conspicuous caption:

"COMPLAINTS AGAINST THIS SCHOOL MAY BE REGISTERED WITH THE

DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION", set

forth with the address and telephone number of the

Department's Complaint Intake Unit Chicago and Springfield

offices.

(b) If the enrollment is negotiated orally in a language

other than English, then copies of the above disclosures shall

be tendered in the language in which the contract was

negotiated prior to executing the enrollment agreement.

(c) The school shall comply with all applicable

requirements of the Retail Installment Sales Act in its

enrollment agreement or student contracts.

(d) No enrollment agreement or student contract shall

contain a wage assignment provision or a confession of judgment

clause.

(e) Any provision in an enrollment agreement or student

contract that purports to waive the student's right to assert

against the school, or any assignee, any claim or defense he or

she may have against the school arising under the contract

shall be void.

(f) Two copies of the enrollment agreement shall be signed

by the student. One copy shall be given to the student and the

school shall retain the other copy as part of the student's

permanent record.

(Source: P.A. 98-911, eff. 1-1-15.)

(225 ILCS 410/3B-13)

(Section scheduled to be repealed on January 1, 2016)

Sec. 3B-13. Rules; refunds. Schools regulated under this

Section shall issue refunds based on the following schedule.

The refund policy shall provide that:

(1) Schools shall, when a student gives written notice

of cancellation, provide a refund in the amount of at least

the following:

(a) When notice of cancellation is given within 5

days after the date of enrollment, all application and

registration fees, tuition, and any other charges

shall be refunded to the student.

(b) When notice of cancellation is given after the

fifth day following enrollment but before the

completion of the student's first day of class

attendance, the school may retain no more than the

application and registration fee, plus the cost of any

books or materials which have been provided by the

school and retained by the student.

(c) When notice of cancellation is given after the

student's completion of the first day of class

attendance but prior to the student's completion of 5%

of the course of instruction, the school may retain the

application and registration fee and an amount not to

exceed 10% of the tuition and other instructional

charges or $300, whichever is less, plus the cost of

any books or materials which have been provided by the

school.

(d) When a student has completed 5% or more of the

course of instruction, the school may retain the

application and registration fee and the cost of any

books or materials which have been provided by the

school but shall refund a part of the tuition and other

instructional charges in accordance with the

requirements of the school's regional or national

accrediting agency, if any, or rules that the

Department shall promulgate for purposes of this

Section.

(2) Applicants not accepted by the school shall receive

a refund of all tuition and fees paid.

(3) Application and registration fees shall be

chargeable at initial enrollment and shall not exceed $100.

All fees must be disclosed in the student contract.

(4) Deposits or down payments shall become part of the

tuition.

(5) The school shall mail a written acknowledgement of

a student's cancellation or written withdrawal to the

student within 15 calendar days of the date of

notification. Written acknowledgement is not necessary if

a refund has been mailed to the student within the 15

calendar days.

(6) If the school cancels or discontinues a course, the

student shall be entitled to receive from the school such

refund or partial refund of the tuition, fees, and other

charges paid by the student or on behalf of the student as

is provided under rules promulgated by the Department.

(7) Except as otherwise provided by this Act, all

student refunds shall be made by the school within 45

calendar days after the date of notice of the student's

cancellation or the date that the school determines that

the student has officially or unofficially withdrawn.

(8) A student shall give notice of cancellation to the

school in writing. The unexplained absence of a student

from a school for more than 30 consecutive calendar days

shall constitute constructive notice of cancellation to

the school. For purposes of cancellation, the cancellation

date shall be the last day of attendance.

(9) A school may make refunds which exceed those

required by this Section.

(10) Each student and former student shall be entitled

to receive from the school that the student attends or

attended an official transcript of all hours completed by

the student at that school for which the applicable

tuition, fees, and other charges have been paid, together

with the grades earned by the student for those hours,

provided that a student who withdraws from or drops out of

a school, by written notice of cancellation or otherwise,

shall not be entitled to any transcript of completed hours

following the expiration of the 7-year period that began on

the student's first day of attendance at the school. A

reasonable fee, not exceeding $2, may be charged by the

school for each transcript after the first free transcript

that the school is required to provide to a student or

former student under this Section.

(Source: P.A. 95-343, eff. 1-1-08; 96-506, eff. 8-14-09.)

(225 ILCS 410/3B-17 new)

Sec. 3B-17. Sale of school. Any school licensed under this

Act that is subsequently sold to another party shall notify the

Department in writing of the sale at least 30 days in advance

of the effective date of the transfer of ownership. Upon filing

of this notice with the Department, the new owner may continue

to operate the school under the previously issued license

provided that the new owner submits an application for

licensure to the Department in accordance with the requirements

of this Act within 30 days after the effective date of the

transfer of ownership. The new owner may continue to operate

the school under the previous license after submitting such

application until the Department issues a new license or denies

issuance of a license, whichever occurs first. The Department

shall provide for administration of this Section by rule.

(225 ILCS 410/3B-18 new)

Sec. 3B-18. Internship. A school may offer an internship

program as part of its curriculum subject to the rules of the

Department.

(225 ILCS 410/3C-8) (from Ch. 111, par. 1703C-8)

(Section scheduled to be repealed on January 1, 2016)

Sec. 3C-8. License renewal; expiration; continuing

education; persons in military service. The holder of a license

issued under this Article may renew that license during the

month preceding the expiration date of the license by paying

the required fee and giving evidence, as the Department may

prescribe, of completing not less than 10 hours of continuing

education for a nail technician and 20 hours of continuing

education for a nail technology teacher, within the 2 years

prior to renewal. The continuing education shall be in subjects

approved by the Department upon recommendation of the Barber,

Cosmetology, Esthetics, Hair Braiding, and Nail Technology

Board relating to the practice of nail technology, including,

but not limited to, review of sanitary procedures, review of

chemical service procedures, review of this Act, and review of

the Workers' Compensation Act. However, at least 10 of the

hours of continuing education required for a nail technology

teacher shall be in subjects relating to teaching methodology,

educational psychology, and classroom management or in other

subjects related to teaching.

A license that has been expired or placed on inactive

status may be restored only by payment of the restoration fee

and submitting evidence satisfactory to the Department of the

meeting of current qualifications and fitness of the licensee,

including the completion of continuing education hours for the

period subsequent to expiration.

A license issued under this Article that has expired while

the holder of the license 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 any Women's Auxiliary thereof, 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 be reinstated or restored without the payment of

any lapsed renewal fees, reinstatement fee or restoration fee

if, within 2 years after the termination of the service,

training, or education other than by dishonorable discharge,

the holder furnishes the Department with an affidavit to the

effect that the certificate holder has been so engaged and that

the service, training, or education has been so terminated.

The Department, in its discretion, may waive enforcement of

the continuing education requirement in this Section, and shall

adopt rules defining the standards and criteria for such

waiver, under the following circumstances:

(a) the licensee resides in a locality where it is

demonstrated that the absence of opportunities for such

education would interfere with the ability of the licensee to

provide service to the public;

(b) the licensee's compliance with the continuing

education requirements would cause a substantial financial

hardship on the licensee;

(c) the licensee is serving in the United States Armed

Forces; or

(d) the licensee is incapacitated due to illness.

(Source: P.A. 98-911, eff. 1-1-15.)

(225 ILCS 410/3C-10 new)

Sec. 3C-10. Inactive status. Any nail technician or nail

technology teacher who notifies the Department in writing on

forms prescribed by the Department may elect to place his or

her license on 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 nail technician or nail technology teacher requesting

restoration from inactive status shall be required to pay the

current renewal fee and to qualify for the restoration of his

or her license, subject to rules of the Department. A license

shall not be restored from inactive status unless the nail

technician or nail technology teacher requesting the

restoration completes the number of hours of continuing

education required for renewal of a license under Section 3C-8.

Any nail technician or nail technology teacher whose

license is in inactive status shall not practice in the State

of Illinois.

(225 ILCS 410/3D-5)

(Section scheduled to be repealed on January 1, 2016)

Sec. 3D-5. Requisites for ownership or operation of

cosmetology, esthetics, hair braiding, and nail technology

salons and barber shops.

(a) No person, firm, partnership, limited liability

company, or corporation shall own or operate a cosmetology,

esthetics, hair braiding, or nail technology salon or barber

shop or employ, rent space to, or independently contract with

any licensee under this Act without applying on forms provided

by the Department for a certificate of registration.

(b) The application for a certificate of registration under

this Section shall set forth the name, address, and telephone

number of the proposed cosmetology, esthetics, hair braiding,

or nail technology salon or barber shop; the name, address, and

telephone number of the person, firm, partnership, or

corporation that is to own or operate the salon or shop; and,

if the salon or shop is to be owned or operated by an entity

other than an individual, the name, address, and telephone

number of the managing partner or the chief executive officer

of the corporation or other entity that owns or operates the

salon or shop.

(c) The Department shall be notified by the owner or

operator of a salon or shop that is moved to a new location. If

there is a change in the ownership or operation of a salon or

shop, the new owner or operator shall report that change to the

Department along with completion of any additional

requirements set forth by rule.

(d) If a person, firm, partnership, limited liability

company, or corporation owns or operates more than one shop or

salon, a separate certificate of registration must be obtained

for each salon or shop.

(e) A certificate of registration granted under this

Section may be revoked in accordance with the provisions of

Article IV and the holder of the certificate may be otherwise

disciplined by the Department in accordance with rules adopted

under this Act.

(f) The Department may promulgate rules to establish

additional requirements for owning or operating a salon or

shop.

(g) The requirement of a certificate of registration as set

forth in this Section shall also apply to any person, firm,

partnership, limited liability company, or corporation

providing barbering, cosmetology, esthetics, hair braiding, or

nail technology services at any location not owned or rented by

such person, firm, partnership, limited liability company, or

corporation for these purposes or from a mobile shop or salon.

Notwithstanding any provision of this Section, applicants for a

certificate of registration under this subsection (g) shall

report in its application the address and telephone number of

its office and shall not be required to report the location

where services are or will be rendered. Nothing in this

subsection (g) shall apply to a sole proprietor who has no

employees or contractors and is not operating a mobile shop or

salon.

(Source: P.A. 96-1246, eff. 1-1-11.)

(225 ILCS 410/3E-5)

(Section scheduled to be repealed on January 1, 2016)

Sec. 3E-5. License renewal. To renew a license issued under

this Article, an individual must produce proof of successful

completion of 10 hours of continuing education for a hair

braider license and 20 hours of continuing education for a hair

braiding teacher license.

A license that has been expired for more than 5 years may

be restored by payment of the restoration fee and submitting

evidence satisfactory to the Department of the current

qualifications and fitness of the licensee, which shall include

completion of continuing education hours for the period

subsequent to expiration. The Department may establish

additional rules for the administration of this Section and

other requirements for the renewal of a hair braider or hair

braiding teacher license issued under this Act.

(Source: P.A. 96-1246, eff. 1-1-11.)

(225 ILCS 410/3E-7 new)

Sec. 3E-7. Inactive status. Any hair braider or hair

braiding teacher who notifies the Department in writing on

forms prescribed by the Department may elect to place his or

her license on 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 hair braider or hair braiding teacher requesting

restoration from inactive status shall be required to pay the

current renewal fee and to qualify for the restoration of his

or her license, subject to rules of the Department. A license

shall not be restored from inactive status unless the hair

braider or hair braiding teacher requesting the restoration

completes the number of hours of continuing education required

for renewal of a license under Section 3E-5.

Any hair braider or hair braiding teacher whose license is

in inactive status shall not practice in the State of Illinois.

(225 ILCS 410/4-2) (from Ch. 111, par. 1704-2)

(Section scheduled to be repealed on January 1, 2016)

Sec. 4-2. The Barber, Cosmetology, Esthetics, Hair

Braiding, and Nail Technology Board. There is established

within the Department the Barber, Cosmetology, Esthetics, Hair

Braiding, and Nail Technology Board, composed of 11 persons,

which shall serve in an advisory capacity to the Secretary in

all matters related to the practice of barbering, cosmetology,

esthetics, hair braiding, and nail technology.

The 11 members of the Board shall be appointed as follows:

6 licensed cosmetologists, all of whom hold a current license

as a cosmetologist or cosmetology teacher and, for appointments

made after the effective date of this amendatory Act of 1996,

at least 2 of whom shall be an owner of or a major stockholder

in a school of cosmetology, 2 of whom shall be representatives

of either a franchiser or an owner operating salons in 2 or

more locations within the State, one of whom shall be an

independent salon owner, and no one of the cosmetologist

members shall be a manufacturer, jobber, or stockholder in a

factory of cosmetology articles or an immediate family member

of any of the above; one of whom shall be a barber holding a

current license; one member who shall be a licensed esthetician

or esthetics teacher; one member who shall be a licensed nail

technician or nail technology teacher; one member who shall be

a licensed hair braider or hair braiding teacher; and one

public member who holds no licenses issued by the Department.

The Secretary shall give due consideration for membership to

recommendations by members of the professions and by their

professional organizations. Members shall serve 4 year terms

and until their successors are appointed and qualified. No

member shall be reappointed to the Board for more than 2 terms.

Appointments to fill vacancies shall be made in the same manner

as original appointments for the unexpired portion of the

vacated term. Members of the Board in office on the effective

date of this amendatory Act of 1996 shall continue to serve for

the duration of the terms to which they have been appointed,

but beginning on that effective date all appointments of

licensed cosmetologists and barbers to serve as members of the

Board shall be made in a manner that will effect at the

earliest possible date the changes made by this amendatory Act

of 1996 in the representative composition of the Board.

For the initial appointment of a member who shall be a hair

braider or hair braiding teacher to the Board, such individual

shall not be required to possess a license at the time of

appointment, but shall have at least 5 years active practice in

the field of hair braiding and shall obtain a license as a hair

braider or a hair braiding teacher within 18 months after

appointment to the Board.

Six members of the Board shall constitute a quorum. A

majority is required for Board decisions.

The Board shall elect a chairperson and a vice chairperson

annually.

Board members are not liable for their acts, omissions,

decisions, or other conduct in connection with their duties on

the Board, except those determined to be willful, wanton, or

intentional misconduct.

Whenever the Secretary is satisfied that substantial

justice has not been done in an examination, the Secretary may

order a reexamination by the same or other examiners.

(Source: P.A. 96-1246, eff. 1-1-11.)

(225 ILCS 410/4-5) (from Ch. 111, par. 1704-5)

(Section scheduled to be repealed on January 1, 2016)

Sec. 4-5. Fees; time limitations.

(a) Except as provided in paragraph (b) below, the fees for

the administration and enforcement of this Act, including but

not limited to fees for original licensure, renewal, and

restoration shall be set by the Department by rule. The fees

shall not be refundable.

(b) Applicants for examination shall be required to pay,

either to the Department or the designated testing service, a

fee covering the cost of initial screening to determine

eligibility and providing the examination. Failure to appear

for the examination on the scheduled date at the time and place

specified, after the applicant's application for examination

has been received and acknowledged by the Department or the

designated testing service, shall result in the forfeiture of

the examination fee.

(c) If an applicant fails to pass an examination for

licensure under this Act within 3 years after filing his

application, the application shall be denied. However, such

applicant may thereafter make a new application for examination

accompanied by the required fee.

(d) An individual applying on the basis of endorsement or

restoration of licensure has 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. The applicant may reapply, but shall

meet the requirements in effect at the time of reapplication.

(e) An applicant has one year from the date of notification

of successful completion of the examination to apply to the

Department for a license. If an applicant fails to apply within

one year the applicant shall be required to take and pass the

examination again.

(Source: P.A. 89-387, eff. 1-1-96.)

(225 ILCS 410/4-7) (from Ch. 111, par. 1704-7)

(Section scheduled to be repealed on January 1, 2016)

Sec. 4-7. Refusal, suspension and revocation of licenses;

causes; disciplinary action.

(1) The Department may refuse to issue or renew, and may

suspend, revoke, place on probation, reprimand or take any

other disciplinary or non-disciplinary action as the

Department may deem proper, including civil penalties not to

exceed $500 for each violation, with regard to any license for

any one, or any combination, of the following causes:

a. Conviction of any crime under the laws of the United

States or any state or territory thereof that is (i) a

felony, (ii) a misdemeanor, an essential element of which

is dishonesty, or (iii) a crime which is related to the

practice of the profession.

b. Conviction of any of the violations listed in

Section 4-20.

c. Material misstatement in furnishing information to

the Department.

d. Making any misrepresentation for the purpose of

obtaining a license or violating any provision of this Act

or its rules.

e. Aiding or assisting another person in violating any

provision of this Act or its rules.

f. Failing, within 60 days, to provide information in

response to a written request made by the Department.

g. Discipline by another state, territory, or country

if at least one of the grounds for the discipline is the

same as or substantially equivalent to those set forth in

this Act.

h. Practice in the barber, nail technology, esthetics,

hair braiding, or cosmetology profession, or an attempt to

practice in those professions, by fraudulent

misrepresentation.

i. Gross malpractice or gross incompetency.

j. Continued practice by a person knowingly having an

infectious or contagious disease.

k. Solicitation of professional services by using

false or misleading advertising.

l. A finding by the Department that the licensee, after

having his or her license placed on probationary status,

has violated the terms of probation.

m. Directly or indirectly giving to or receiving from

any person, firm, corporation, partnership or association

any fee, commission, rebate, or other form of compensation

for any professional services not actually or personally

rendered.

n. Violating any of the provisions of this Act or rules

adopted pursuant to this Act.

o. Willfully making or filing false records or reports

relating to a licensee's practice, including but not

limited to, false records filed with State agencies or

departments.

p. 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.

q. Engaging in dishonorable, unethical or

unprofessional conduct of a character likely to deceive,

defraud, or harm the public as may be defined by rules of

the Department, or violating the rules of professional

conduct which may be adopted by the Department.

r. Permitting any person to use for any unlawful or

fraudulent purpose one's diploma or license or certificate

of registration as a cosmetologist, nail technician,

esthetician, hair braider, or barber or cosmetology, nail

technology, esthetics, hair braiding, or barber teacher or

salon or shop or cosmetology clinic teacher.

s. Being named as a perpetrator in an indicated report

by the Department of Children and Family Services under the

Abused and Neglected Child Reporting Act and upon proof by

clear and convincing evidence that the licensee has caused

a child to be an abused child or neglected child as defined

in the Abused and Neglected Child Reporting Act.

t. Operating a salon or shop without a valid

registration.

u. Failure to complete required continuing education

hours.

(2) In rendering an order, the Secretary shall take into

consideration the facts and circumstances involving the type of

acts or omissions in paragraph (1) of this Section including,

but not limited to:

(a) the extent to which public confidence in the

cosmetology, nail technology, esthetics, hair braiding, or

barbering profession was, might have been, or may be,

injured;

(b) the degree of trust and dependence among the

involved parties;

(c) the character and degree of harm which did result

or might have resulted;

(d) the intent or mental state of the licensee at the

time of the acts or omissions.

(3) The Department may shall reissue the license or

registration upon certification by the Board that the

disciplined licensee or registrant has complied with all of the

terms and conditions set forth in the final order or has been

sufficiently rehabilitated to warrant the public trust.

(4) The Department shall refuse to issue or renew or

suspend without hearing the license or certificate of

registration of any person who fails to file a return, or 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 Illinois Department

of Revenue, until such time as the requirements of any such tax

Act are satisfied as determined by the Department of Revenue.

(5) The Department shall deny without hearing any

application for a license or renewal of a license under this

Act by a person who has defaulted on an educational loan

guaranteed by the Illinois Student Assistance Commission;

however, the Department may issue or renew a license if the

person in default has established a satisfactory repayment

record as determined by the Illinois Student Assistance

Commission.

(6) All fines imposed under this Section shall be paid

within 60 days after the effective date of the order imposing

the fine or in accordance with the terms set forth in the order

imposing the fine.

(Source: P.A. 98-911, eff. 1-1-15.)

(225 ILCS 410/4-9) (from Ch. 111, par. 1704-9)

(Section scheduled to be repealed on January 1, 2016)

Sec. 4-9. Practice without a license or after suspension or

revocation thereof.

(a) If any person violates the provisions 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,

and if it is established that such person has violated or is

violating the injunction, the Court may punish the offender for

contempt of court. Proceedings under this Section shall be in

addition to, and not in lieu of, all other remedies and

penalties provided by this Act.

(b) If any person shall practice as a barber,

cosmetologist, nail technician, hair braider, or esthetician,

or teacher thereof or cosmetology clinic teacher or hold

himself or herself out as such without being licensed under the

provisions of this Act, any licensee, any interested party, or

any person injured thereby may, 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,

firm, corporation, or other legal entity has violated violates

any provision of Section 1-7 or 3D-5 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, firm,

corporation, or legal entity 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. 98-911, eff. 1-1-15.)

(225 ILCS 410/4-10) (from Ch. 111, par. 1704-10)

(Section scheduled to be repealed on January 1, 2016)

Sec. 4-10. Refusal, suspension and revocation of licenses;

investigations and hearing. The Department may upon its own

motion and shall, upon the verified complaint in writing of any

person setting forth the facts which if proven would constitute

grounds for disciplinary action as set forth in Section 4-7,

investigate the actions of any person holding or claiming to

hold a license. The Department shall, at least 30 days prior to

the date set for the hearing, notify in writing the applicant

or the holder of that license of any charges made and shall

afford the accused person an opportunity to be heard in person

or by counsel in reference thereto. The Department shall direct

the applicant or licensee 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 that failure to file an answer

will result in default being taken against the applicant or

licensee and that the license 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. The written notice

may be served by the delivery of the notice personally to the

accused person, or by mailing the notice by registered or

certified mail to the address of record place of business last

specified by the accused person in his last notification to the

Department. In case the person 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 person's practice or the

imposition of a fine, without a hearing, if the act or acts

charged constitute sufficient grounds for such action under

this Act. At the time and place fixed in the notice, the Board

shall proceed to hearing of the charges and the accused person

shall be accorded ample opportunity to present in person or by

counsel, any statements, testimony, evidence and arguments as

may be pertinent to the charges or their defense. The Board may

continue a hearing from time to time.

(Source: P.A. 98-911, eff. 1-1-15.)

(225 ILCS 410/4-13) (from Ch. 111, par. 1704-13)

(Section scheduled to be repealed on January 1, 2016)

Sec. 4-13. Attendance of witnesses and production of

documents. Any circuit court or any judge thereof, upon the

application of the accused person or complainant 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 in any hearing relative to the

application for or refusal, recall, suspension or revocation of

license, and the court or judge may compel obedience to its or

his order by proceedings for contempt.

(Source: P.A. 89-387, eff. 1-1-96.)

(225 ILCS 410/4-14) (from Ch. 111, par. 1704-14)

(Section scheduled to be repealed on January 1, 2016)

Sec. 4-14. Report of Board; rehearing. The Board shall

present to the Secretary its written report of its findings and

recommendations. A copy of such report shall be served upon the

accused person, either personally or by registered mail as

provided in this Section for the service of the notice

citation. Within 20 days after such service, said accused

person may present to the Department his or her motion in

writing for rehearing, which written motion shall specify the

particular grounds therefor. If said accused person shall order

and pay for a transcript of the record as provided in this

Section, the time elapsing thereafter and before such

transcript is ready for delivery to him or her shall not be

counted as part of such 20 days. Whenever the Secretary is

satisfied that substantial justice has not been done, he or she

may order a re-hearing by the same or a special committee. At

the expiration of the time specified for filing a motion or a

rehearing the Secretary shall have the right to take the action

recommended by the Board. Upon the suspension or revocation of

his or her license a licensee shall be required to surrender

his or her license to the Department, and upon his or her

failure or refusal so to do, the Department shall have the

right to seize the same.

(Source: P.A. 98-911, eff. 1-1-15.)

(225 ILCS 410/4-15) (from Ch. 111, par. 1704-15)

(Section scheduled to be repealed on January 1, 2016)

Sec. 4-15. Hearing officer. Notwithstanding the

provisions of Section 4-10, 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 refusal to issue or renew, or discipline of a

license. The hearing officer shall have full authority to

conduct the hearing. The hearing officer shall report his or

her findings 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, then the Secretary shall issue an

order based on the report of the hearing officer. If the

Secretary disagrees in any regard with determines that the

Board's report is contrary to the manifest weight of the

evidence, then he or she may issue an order in contravention of

the Board's report.

(Source: P.A. 98-911, eff. 1-1-15.)

(225 ILCS 410/4-16) (from Ch. 111, par. 1704-16)

(Section scheduled to be repealed on January 1, 2016)

Sec. 4-16. Order or certified copy; prima facie proof. An

order of revocation or suspension or placing a license on

probationary status or other disciplinary action as the

Department may consider proper 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. the signature is the genuine signature of the

Secretary;

2. the Secretary is duly appointed and qualified; and

3. the Board and the members thereof are qualified to

act.

Such proof may be rebutted.

(Source: P.A. 98-911, eff. 1-1-15.)

(225 ILCS 410/4-17) (from Ch. 111, par. 1704-17)

(Section scheduled to be repealed on January 1, 2016)

Sec. 4-17. Restoration of license. At any time after the

successful completion of a term of suspension or revocation of

a license, the Department may restore it to the licensee, upon

the written recommendation of the Board, unless the Board

determines after an investigation and a hearing that

restoration is not in the public interest.

(Source: P.A. 98-911, eff. 1-1-15.)

(225 ILCS 410/4-18.5 new)

Sec. 4-18.5. Citations.

(a) The Department shall adopt rules to permit the issuance

of citations for unlicensed practice, practice on an expired

license, failure to register a salon or shop, operating a salon

or shop on an expired registration, aiding and abetting

unlicensed practice, failure to display a license as required

by this Act, or any violation of sanitary rules. The citation

shall be issued to the licensee or other person alleged to have

committed one or more of the preceding violations and shall

contain the licensee's or other person's name and address, the

licensee's license number, if any, a brief factual statement,

the Sections of this Act or the rules allegedly violated, and

the penalty imposed, which shall not exceed $500. The citation

must clearly state that if the cited person wishes to dispute

the citation, he or she may request in writing, within 30 days

after the citation is served, a hearing before the Department.

If the cited person does not request a hearing within 30 days

after the citation is served, then the citation shall become a

final order and shall constitute discipline and any fine

imposed is due and payable. If the cited person requests a

hearing within 30 days after the citation is served, the

Department shall afford the cited person a hearing conducted in

the same manner as a hearing provided in this Act for any

violation of this Act and shall determine whether the cited

person committed the violation as charged and whether the fine

as levied is warranted. No fine shall be increased but may be

reduced. If the violation is found, any fine shall be due and

payable within 30 days of the order of the Secretary. Failure

to comply with any final order may subject the licensee or

unlicensed person to further discipline or other action by the

Department or a referral to the State's Attorney.

(b) A citation must be issued within 6 months after the

reporting of a violation that is the basis for the citation.

(c) Service of a citation shall be made by personal service

or certified mail to the licensee at the licensee's address of

record or to an unlicensed person at his or her last known

address.

(d) Nothing in this Section shall prohibit or limit the

Department from taking further action pursuant to this Act and

rules for additional, repeated, or continuing violations.

(225 ILCS 410/4-25 new)

Sec. 4-25. Disposition by consent order. 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.

(225 ILCS 410/1-9 rep.)

(225 ILCS 410/2-4a rep.)

(225 ILCS 410/3-8 rep.)

(225 ILCS 410/3A-7 rep.)

(225 ILCS 410/3C-9 rep.)

(225 ILCS 410/3E-4 rep.)

(225 ILCS 410/4-4a rep.)

(225 ILCS 410/4-18 rep.)

(225 ILCS 410/4-23 rep.)

Section 15. The Barber, Cosmetology, Esthetics, Hair

Braiding, and Nail Technology Act of 1985 is amended by

repealing Sections 1-9, 2-4a, 3-8, 3A-7, 3C-9, 3E-4, 4-4a,

4-18, and 4-23.

Section 99. Effective date. This Act takes effect upon

becoming law.