Public Act 099-0469

SB0838 Enrolled LRB099 04219 HAF 24241 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 by 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 Acts repealed on January 1, 2016.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Acts are repealed on January 1, 2016: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. Acts repealed on January 1, 2026. The following

Acts are repealed on January 1, 2026:

The Illinois Athletic Trainers Practice Act.

The Illinois Roofing Industry Licensing Act.

Section 10. The Illinois Athletic Trainers Practice Act is

amended by changing Sections 3, 4, 5, 6, 7, 8, 9, 10, 11, 12,

13, 14, 16, 17, 17.5, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27,

28, 29, 30, and 31 and by adding Sections 7.5, 18.5, and 19.5

as follows:

(225 ILCS 5/3) (from Ch. 111, par. 7603)

(Section scheduled to be repealed on January 1, 2016)

Sec. 3. Definitions. As used in this Act:

(1) "Department" means the Department of Financial and

Professional Regulation.

(2) "Secretary" "Director" means the Secretary Director of

Financial and Professional Regulation.

(3) "Board" means the Illinois Board of Athletic Trainers

appointed by the Secretary Director.

(4) "Licensed athletic trainer" means a person licensed to

practice athletic training as defined in this Act and with the

specific qualifications set forth in Section 9 of this Act who,

upon the direction of his or her team physician or consulting

physician, carries out the practice of prevention/emergency

care or physical reconditioning of injuries incurred by

athletes participating in an athletic program conducted by an

educational institution, professional athletic organization,

or sanctioned amateur athletic organization employing the

athletic trainer; or a person who, under the direction of a

physician, carries out comparable functions for a health

organization-based extramural program of athletic training

services for athletes. Specific duties of the athletic trainer

include but are not limited to:

A. Supervision of the selection, fitting, and

maintenance of protective equipment;

B. Provision of assistance to the coaching staff in the

development and implementation of conditioning programs;

C. Counseling of athletes on nutrition and hygiene;

D. Supervision of athletic training facility and

inspection of playing facilities;

E. Selection and maintenance of athletic training

equipment and supplies;

F. Instruction and supervision of student trainer

staff;

G. Coordination with a team physician to provide:

(i) pre-competition physical exam and health

history updates,

(ii) game coverage or phone access to a physician

or paramedic,

(iii) follow-up injury care,

(iv) reconditioning programs, and

(v) assistance on all matters pertaining to the

health and well-being of athletes.

H. Provision of on-site injury care and evaluation as

well as appropriate transportation, follow-up treatment

and rehabilitation as necessary for all injuries sustained

by athletes in the program;

I. With a physician, determination of when an athlete

may safely return to full participation post-injury; and

J. Maintenance of complete and accurate records of all

athletic injuries and treatments rendered.

To carry out these functions the athletic trainer is

authorized to utilize modalities, including, but not limited

to, heat, light, sound, cold, electricity, exercise, or

mechanical devices related to care and reconditioning.

(5) "Referral" means the guidance and direction given by

the physician, who shall maintain supervision of the athlete.

(6) "Athletic trainer aide" means a person who has received

on-the-job training specific to the facility in which he or she

is employed, on either a paid or volunteer basis, but is not

enrolled in an accredited athletic training curriculum.

(7) "Address of record" means the designated address

recorded by the Department in the applicant's or licensee's

application file or license file as maintained by the

Department's licensure maintenance unit. It is the duty of the

applicant or licensee to inform the Department of any change of

address, and those changes must be made either through the

Department's website or by contacting the Department.

(8) "Board of Certification" means the Board of

Certification for the Athletic Trainer.

(Source: P.A. 94-246, eff. 1-1-06.)

(225 ILCS 5/4) (from Ch. 111, par. 7604)

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

Sec. 4. Licensure; exempt requirement - Exempt activities.

No After the effective date of this Act, no person shall

provide any of the services set forth in subsection (4) of

Section 3 of this Act, or use the title "athletic trainer" or

"certified athletic trainer" or "athletic trainer certified"

or "licensed athletic trainer" or the letters "A.T.", "C.A.T.",

"A.T.C.", "A.C.T.", or "I.A.T.L." after his or her name, unless

licensed under this Act.

Nothing in this Act shall be construed as preventing or

restricting the practice, services, or activities of:

(1) Any person licensed or registered in this State by

any other law from engaging in the profession or occupation

for which he or she is licensed or registered.

(2) Any person employed as an athletic trainer by the

Government of the United States, if such person provides

athletic training solely under the direction or control of

the organization by which he or she is employed.

(3) Any person pursuing a course of study leading to a

degree or certificate in athletic training at an accredited

educational program if such activities and services

constitute a part of a supervised course of study involving

daily personal or verbal contact at the site of supervision

between the athletic training student and the licensed

athletic trainer who plans, directs, advises, and

evaluates the student's athletic training clinical

education. The supervising licensed athletic trainer must

be on-site where the athletic training clinical education

is being obtained. A person meeting the criteria under this

paragraph (3) must be designated by a title which clearly

indicates his or her status as a student or trainee.

(4) (Blank).

(5) The practice of athletic training under the

supervision of a licensed athletic trainer by one who has

applied in writing to the Department for licensure and has

complied with all the provisions of Section 9 except the

passing of the examination to be eligible to receive such

license. This temporary right to act as an athletic trainer

shall expire 3 months after the filing of his or her

written application to the Department; when the applicant

has been notified of his or her failure to pass the

examination authorized by the Department; when the

applicant has withdrawn his or her application; when the

applicant has received a license from the Department after

successfully passing the examination authorized by the

Department; or when the applicant has been notified by the

Department to cease and desist from practicing, whichever

occurs first. This provision shall not apply to an

applicant In no event shall this exemption extend to any

person for longer than 3 months. Anyone who has previously

failed the examination, or who fails the examination during

this 3-month period, shall immediately cease practice as an

athletic trainer and shall not engage in the practice of

athletic training again until he or she passes the

examination.

(6) Any person in a coaching position from rendering

emergency care on an as needed basis to the athletes under

his or her supervision when a licensed athletic trainer is

not available.

(7) Any person who is an athletic trainer from another

state or territory of the United States or another nation,

state, or territory acting as an athletic trainer while

performing his or her duties for his or her respective

non-Illinois based team or organization, so long as he or

she restricts his or her duties to his or her team or

organization during the course of his or her team's or

organization's stay in this State. For the purposes of this

Act, a team shall be considered based in Illinois if its

home contests are held in Illinois, regardless of the

location of the team's administrative offices.

(8) The practice of athletic training by persons

licensed in another state who have applied in writing to

the Department for licensure by endorsement. This

temporary right to act as an athletic trainer shall expire

6 months after the filing of his or her written application

to the Department; upon the withdrawal of the application

for licensure under this Act; upon delivery of a notice of

intent to deny the application from the Department; or upon

the denial of the application by the Department, whichever

occurs first. for no longer than 6 months or until

notification has been given that licensure has been granted

or denied, whichever period of time is lesser.

(9) The practice of athletic training by one who has

applied in writing to the Department for licensure and has

complied with all the provisions of Section 9. This

temporary right to act as an athletic trainer shall expire

6 months after the filing of his or her written application

to the Department; upon the withdrawal of the application

for licensure under this Act; upon delivery of a notice of

intent to deny the application from the Department; or upon

the denial of the application by the Department, whichever

occurs first. for no longer than 6 months or until

notification has been given that licensure has been granted

or denied, whichever period of time is lesser.

(10) The practice of athletic training by persons

actively licensed as an athletic trainer in another state

or territory of the United States or another country, or

currently certified by the National Athletic Trainers

Association Board of Certification, Inc., or its successor

entity, at a special athletic tournament or event conducted

by a sanctioned amateur athletic organization, including,

but not limited to, the Prairie State Games and the Special

Olympics, for no more than 14 days. This shall not include

contests or events that are part of a scheduled series of

regular season events.

(11) Athletic trainer aides from performing patient

care activities under the on-site supervision of a licensed

athletic trainer. These patient care activities shall not

include interpretation of referrals or evaluation

procedures, planning or major modifications of patient

programs, administration of medication, or solo practice

or event coverage without immediate access to a licensed

athletic trainer.

(12) Persons or entities practicing the specified

occupations set forth in subsection (a) of, and pursuant to

a licensing exemption granted in subsection (b) or (d) of,

Section 2105-350 of the Department of Professional

Regulation Law of the Civil Administrative Code of

Illinois, but only for so long as the 2016 Olympic and

Paralympic Games Professional Licensure Exemption Law is

operable.

(Source: P.A. 96-7, eff. 4-3-09.)

(225 ILCS 5/5) (from Ch. 111, par. 7605)

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

Sec. 5. Administration of Act; rules and forms Licensure -

Rules and Forms - Reports.

(a) The Department shall exercise the powers and duties

prescribed by the Civil Administrative Code of Illinois for the

administration of Licensure Acts and shall exercise such other

powers and duties necessary for effectuating the purposes of

this Act.

(b) The Secretary Director may promulgate rules consistent

with the provisions of this Act for the administration and

enforcement thereof, and for the payment of fees connected

therewith, and may prescribe forms which shall be issued in

connection therewith. The rules may shall include standards and

criteria for licensure, certification, and for professional

conduct and discipline. The Department may shall consult with

the Board in promulgating rules. Notice of proposed rulemaking

shall be transmitted to the Board, and the Department shall

review the Board's response and any recommendations made

therein. The Department shall notify the Board in writing with

proper explanation of deviations from the Board's

recommendations and responses.

(c) The Department may at any time seek the advice and the

expert knowledge of the Board on any matter relating to the

administration of this Act.

(d) (Blank). The Department shall issue a quarterly report

to the Board of the status of all complaints related to the

profession filed with the Department.

(Source: P.A. 89-216, eff. 1-1-96.)

(225 ILCS 5/6) (from Ch. 111, par. 7606)

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

Sec. 6. Board Athletic Training Board - Appointment -

Membership - Term - Duties. The Secretary Director shall

appoint an Illinois Board of Athletic Trainers as follows: 7

persons who shall be appointed by and shall serve in an

advisory capacity to the Secretary Director. Two members must

be licensed physicians in good standing in this State; 4

members must be licensed athletic trainers in good standing,

and actively engaged in the practice or teaching of athletic

training in this State; and 1 member must be a public member

who is not licensed under this Act, or a similar Act of another

jurisdiction, and is not a provider of athletic health care

service.

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 consecutive terms. Appointments to

fill vacancies shall be made in the same manner as original

appointments, for the unexpired portion of the vacated term.

The membership of the Board should reasonably reflect

representation from the geographic areas in this State.

The Secretary shall have the authority to remove or suspend

any member of the Board for cause at any time before the

expiration of his or her term. The Secretary shall be the sole

arbiter of cause Director may terminate the appointment of any

member for cause which in the opinion of the Secretary Director

reasonably justifies such termination.

The Secretary may Director shall consider the

recommendation of the Board on questions involving standards of

professional conduct, discipline, and qualifications of

candidates and license holders under this Act.

Four members of the Board shall constitute a quorum. A

quorum is required for all Board decisions. Members of the

Board have no liability in any action based upon any

disciplinary proceeding or other activity performed in good

faith as a member of the Board. Members of the Board shall be

reimbursed for all legitimate, necessary, and authorized

expenses incurred in attending the meetings of the Board, from

funds appropriated for that purpose.

(Source: P.A. 94-246, eff. 1-1-06.)

(225 ILCS 5/7) (from Ch. 111, par. 7607)

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

Sec. 7. Applications for original licensure. Applications

for original licensure shall be made to the Department in

writing on forms prescribed by the Department and shall be

accompanied by the required fee, which shall not be returnable.

Any such application shall require such information as in the

judgment of the Department will enable the Department to pass

on the qualifications of the applicant for licensure.

Applicants have 3 years from the date of application to

complete the application process. If the process has not been

completed within 3 years, the application shall be denied, the

fee forfeited, and the applicant must reapply and meet the

requirements in effect at the time of reapplication.

The applicant is entitled to licensure as an athletic

trainer if he or she possesses the qualifications set forth in

Section 9 hereof, and satisfactorily completes the examination

administered by the National Athletic Trainers Association

Board of Certification, Inc.

(Source: P.A. 89-216, eff. 1-1-96.)

(225 ILCS 5/7.5 new)

Sec. 7.5. Social Security Number on license application. In

addition to any other information required to be contained in

the application, every application for an original license

under this Act shall include the applicant's Social Security

Number, which shall be retained in the Department's records

pertaining to the license. As soon as practical, the Department

shall assign a customer's identification number to each

applicant for a license. Every application for a renewal or

restored license shall require the applicant's customer

identification number.

(225 ILCS 5/8) (from Ch. 111, par. 7608)

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

Sec. 8. Examinations. If an applicant neglects, fails, or

refuses to take an examination or fails to pass an examination

for licensure under this Act within 3 years after filing his or

her application, the application shall be denied. The applicant

may thereafter make a new application accompanied by the

required fee; however, the applicant shall meet all

requirements in effect at the time of subsequent application

before obtaining licensure. However, such applicant may

thereafter file a new application accompanied by the required

fee.

The Department may employ engage the National Athletic

Trainers Association Board of Certification, Inc. as

consultants for the purposes of preparing and conducting

examinations.

(Source: P.A. 89-216, eff. 1-1-96.)

(225 ILCS 5/9) (from Ch. 111, par. 7609)

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

Sec. 9. Qualifications for licensure Educational and

Professional Requirements. A person having the qualifications

prescribed in this Section shall be qualified for licensure to

receive a license as an athletic trainer if he or she fulfills

all of the following:

(a) Has graduated from a curriculum in athletic

training accredited by the Commission on Accreditation of

Athletic Training Education (CAATE) Joint Review Committee

on Athletic Training (JRC-AT) of the Commission on

Accreditation of Allied Health Education Programs

(CAAHEP), its successor entity, or its equivalent, as

approved by the Department.

(b) Gives proof of current certification, on the date

of application, in cardiopulmonary resuscitation (CPR) and

automated external defibrillators (AED) CPR/AED for the

Healthcare Providers and Professional Rescuers or its

equivalent based on American Red Cross or American Heart

Association standards.

(b-5) Has graduated and graduation from a 4 year

accredited college or university.

(c) Has passed an examination approved by the

Department to determine his or her fitness for practice as

an athletic trainer, or is entitled to be licensed without

examination as provided in Sections 7 and 8 of this Act.

The Department may request a personal interview of an

applicant before the Board to further evaluate his or her

qualifications for a license.

An applicant has 3 years from the date of his or her

application to complete the application process. If the process

has not been completed in 3 years, the application shall be

denied, the fee forfeited, and the applicant must reapply and

meet the requirements in effect at the time of reapplication.

(Source: P.A. 94-246, eff. 1-1-06.)

(225 ILCS 5/10) (from Ch. 111, par. 7610)

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

Sec. 10. Expiration and License expiration; renewal;

continuing education requirement. The expiration date and

renewal period for of licenses issued under this Act shall be

set by rule. As a condition for renewal of a license, licensees

shall be required to complete continuing education in athletic

training in accordance with rules established by the

Department. Licenses shall be renewed according to procedures

established by the Department and upon payment of the renewal

fee established herein and proof of completion of approved

continuing education relating to the performance and practice

of athletic training. The number of hours required and their

composition shall be set by rule.

(Source: P.A. 94-246, eff. 1-1-06.)

(225 ILCS 5/11) (from Ch. 111, par. 7611)

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

Sec. 11. Inactive licenses; restoration. Any athletic

trainer who notifies the Department in writing on forms

prescribed by the Department, may elect to place his or her

license on an inactive status and shall, subject to rules of

the Department, be excused from payment of renewal fees until

he or she notifies the Department in writing of his or her

desire to resume active status.

Any athletic trainer requesting restoration from inactive

status shall be required to pay the current renewal fee, shall

demonstrate compliance with continuing education requirements,

if any, and shall be required to restore his or her license as

provided in Section 12.

Any athletic trainer whose license is in expired or

inactive status shall not practice athletic training in the

State of Illinois.

(Source: P.A. 89-216, eff. 1-1-96.)

(225 ILCS 5/12) (from Ch. 111, par. 7612)

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

Sec. 12. Restoration of expired licenses. An athletic

trainer who has permitted his or her license registration to

expire or who has had his or her license on inactive status may

have his or her license restored by making application to the

Department and filing proof acceptable to the Department of his

or her fitness to have his or her license restored, including

sworn evidence certifying to active practice in another

jurisdiction satisfactory to the Department and by paying the

required fees restoration fee. Proof of fitness may include

sworn evidence certifying active lawful practice in another

jurisdiction.

If the athletic trainer has not maintained an active

practice in another jurisdiction satisfactory to the

Department, the Department shall determine, by an evaluation

program established by rule, with the advice of the Board his

or her fitness for restoration of the license and shall

establish procedures and requirements for restoration to

resume active status and may require the athletic trainer to

complete a period of evaluated clinical experience and may

require successful completion of an examination.

Any athletic trainer whose license has been expired for

more than 5 years may have his or her license restored by

making application to the Department and filing proof

acceptable to the Department of his or her fitness to have his

or her license restored, including sworn evidence certifying to

active practice in another jurisdiction and by paying the

required restoration fee. However, any athletic trainer whose

license has expired while he or she has been engaged (1) in the

federal service in active duty with the Army of the United

States, the United States Navy, the Marine Corps, the Air

Force, the Coast Guard, or the State Militia called into the

service or training of the United States of America, or (2) in

training or education under the supervision of the United

States preliminary to induction into the military service, may

have his or her license restored without paying any lapsed

renewal fees or restoration fee, if within 2 years after

termination of such service, training, or education, other than

by dishonorable discharge, he or she furnished 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. 89-216, eff. 1-1-96.)

(225 ILCS 5/13) (from Ch. 111, par. 7613)

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

Sec. 13. Endorsement. The Department may, at its

discretion, license as an athletic trainer, without

examination, on payment of the required fee, an applicant for

licensure who is an athletic trainer registered or licensed

under the laws of another jurisdiction state if the

requirements pertaining to athletic trainers in such

jurisdiction state were at the date of his or her registration

or licensure substantially equal to the requirements in force

in Illinois on that date or equivalent to the requirements of

this Act. If the requirements of that state are not

substantially equal to the Illinois requirements, or if at the

time of application the state in which the applicant has been

practicing does not regulate the practice of athletic training,

and the applicant began practice in that state prior to January

1, 2004, a person having the qualifications prescribed in this

Section may be qualified to receive a license as an athletic

trainer if he or she:

(1) has passed an examination approved by the

Department to determine his or her fitness for practice as

an athletic trainer; and

(2) gives proof of current certification, on the date

of application, in CPR/AED for the Healthcare Professional

or equivalent based on American Red Cross or American Heart

Association standards.

The Department may request a personal interview of an

applicant before the Board to further evaluate his or her

qualifications for a license.

Applicants have 3 years from the date of application to

complete the application process. If the process has not been

completed in 3 years, the application shall be denied, the fee

forfeited and the applicant must reapply and meet the

requirements in effect at the time of reapplication.

(Source: P.A. 94-246, eff. 1-1-06.)

(225 ILCS 5/14) (from Ch. 111, par. 7614)

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

Sec. 14. Fees; returned checks. The fees for administration

and enforcement of this Act, including but not limited to

original licensure, renewal, and restoration shall be set by

rule. The fees shall be non-refundable.

Any person who delivers a check or other payment to the

Department that is returned to the Department unpaid by the

financial institution upon which it is drawn shall pay to the

Department, in addition to the amount already owed to the

Department, a fine of $50.

The fines imposed by this Section are in addition to any

other discipline provided under this Act for unlicensed

practice or practice on a nonrenewed license. The Department

shall notify the person that payment of fees and fines shall be

paid to the Department by certified check or money order within

30 calendar days of the notification. If, after the expiration

of 30 days from the date of the notification, the person has

failed to submit the necessary remittance, the Department shall

automatically terminate the license or certificate or deny the

application, without hearing. If, after termination or denial,

the person seeks a license or certificate, he or she shall

apply to the Department for restoration or issuance of the

license or certificate and pay all fees and fines due to the

Department. The Department may establish a fee for the

processing of an application for restoration of a license or

certificate to pay all expenses of processing this application.

The Secretary Director may waive the fines due under this

Section in individual cases where the Secretary Director finds

that the fines would be unreasonable or unnecessarily

burdensome.

(Source: P.A. 92-146, eff. 1-1-02.)

(225 ILCS 5/16) (from Ch. 111, par. 7616)

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

Sec. 16. Grounds for discipline Refusal to issue,

suspension, or revocation of license.

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

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

disciplinary action as the Department may deem proper,

including fines not to exceed $10,000 $5,000 for each

violation, with regard to any licensee for any one or

combination of the following:

(A) Material misstatement in furnishing information to

the Department;

(B) Violations Negligent or intentional disregard of

this Act, or of the rules or regulations promulgated

hereunder;

(C) Conviction of or plea of guilty to any crime under

the Criminal Code of 2012 or the laws of any jurisdiction

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) of any crime that is

directly related to the practice of the profession;

(D) Fraud or Making any misrepresentation in applying

for or procuring a license under this Act, or in connection

with applying for renewal of a license under this Act for

the purpose of obtaining registration, or violating any

provision of this Act;

(E) Professional incompetence or gross negligence;

(F) Malpractice;

(G) Aiding or assisting another person, firm,

partnership, or corporation in violating any provision of

this Act or rules;

(H) Failing, within 60 days, to provide information in

response to a written request made by the Department;

(I) Engaging in dishonorable, unethical, or

unprofessional conduct of a character likely to deceive,

defraud or harm the public;

(J) Habitual or excessive use or abuse intoxication or

addiction to the use of drugs defined in law as controlled

substances, alcohol, or any other substance that results in

the inability to practice with reasonable judgment, skill,

or safety;

(K) Discipline by another state, unit of government,

government agency, the District of Columbia, territory, or

foreign nation, if at least one of the grounds for the

discipline is the same or substantially equivalent to those

set forth herein;

(L) 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. Nothing in this subparagraph (L) affects any bona

fide independent contractor or employment arrangements

among health care professionals, health facilities, health

care providers, or other entities, except as otherwise

prohibited by law. Any employment arrangements may include

provisions for compensation, health insurance, pension, or

other employment benefits for the provision of services

within the scope of the licensee's practice under this Act.

Nothing in this subparagraph (L) shall be construed to

require an employment arrangement to receive professional

fees for services rendered;

(M) A finding by the Department that the licensee after

having his or her license disciplined placed on

probationary status has violated the terms of probation;

(N) Abandonment of an athlete;

(O) Willfully making or filing false records or reports

in his or her practice, including but not limited to false

records filed with State agencies or departments;

(P) Willfully failing to report an instance of

suspected child abuse or neglect as required by the Abused

and Neglected Child Reporting Act;

(Q) Physical illness, including but not limited to

deterioration through the aging process, or loss of motor

skill that results in the inability to practice the

profession with reasonable judgment, skill, or safety;

(R) Solicitation of professional services other than

by permitted institutional policy;

(S) The use of any words, abbreviations, figures or

letters with the intention of indicating practice as an

athletic trainer without a valid license as an athletic

trainer under this Act;

(T) The evaluation or treatment of ailments of human

beings other than by the practice of athletic training as

defined in this Act or the treatment of injuries of

athletes by a licensed athletic trainer except by the

referral of a physician, podiatric physician, or dentist;

(U) Willfully violating or knowingly assisting in the

violation of any law of this State relating to the use of

habit-forming drugs;

(V) Willfully violating or knowingly assisting in the

violation of any law of this State relating to the practice

of abortion;

(W) Continued practice by a person knowingly having an

infectious communicable or contagious disease;

(X) Being named as a perpetrator in an indicated report

by the Department of Children and Family Services pursuant

to 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;

(Y) (Blank) Failure 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; or

(Z) Failure to fulfill continuing education

requirements; as prescribed in Section 10 of this Act.

(AA) Allowing one's license under this Act to be used

by an unlicensed person in violation of this Act;

(BB) Practicing under a false or, except as provided by

law, assumed name;

(CC) Promotion of the sale of drugs, devices,

appliances, or goods provided in any manner to exploit the

client for the financial gain of the licensee;

(DD) Gross, willful, or continued overcharging for

professional services;

(EE) Mental illness or disability that results in the

inability to practice under this Act with reasonable

judgment, skill, or safety; or

(FF) Cheating on or attempting to subvert the licensing

examination administered under this Act.

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.

(2) The determination by a circuit court that a licensee is

subject to involuntary admission or judicial admission as

provided in the Mental Health and Developmental Disabilities

Code operates as an automatic suspension. Such suspension will

end only upon a finding by a court that the licensee athletic

trainer is no longer subject to involuntary admission or

judicial admission and issuance of issues an order so finding

and discharging the licensee athlete; and upon the

recommendation of the Board to the Director that the licensee

be allowed to resume his or her practice.

(3) The Department may refuse to issue or may suspend

without hearing, as provided for in the Code of Civil

Procedure, the license of any person who fails to file a

return, to pay the tax, penalty, or interest shown in a filed

return, or to pay any final assessment of tax, penalty, or

interest as required by any tax Act administered by the

Illinois Department of Revenue, until such time as the

requirements of any such tax Act are satisfied in accordance

with subsection (a) of Section 2105-15 of the Department of

Professional Regulation Law of the Civil Administrative Code of

Illinois.

(4) In enforcing this Section, the Department, upon a

showing of a possible violation, may compel any individual who

is licensed under this Act or any individual who has applied

for licensure to submit to a mental or physical examination or

evaluation, or both, which may include a substance abuse or

sexual offender evaluation, at the expense of the Department.

The Department shall specifically designate the examining

physician licensed to practice medicine in all of its branches

or, if applicable, the multidisciplinary team involved in

providing the mental or physical examination and evaluation.

The multidisciplinary team shall be led by a physician licensed

to practice medicine in all of its branches and may consist of

one or more or a combination of physicians licensed to practice

medicine in all of its branches, licensed chiropractic

physicians, licensed clinical psychologists, licensed clinical

social workers, licensed clinical professional counselors, and

other professional and administrative staff. Any examining

physician or member of the multidisciplinary team may require

any person ordered to submit to an examination and evaluation

pursuant to this Section to submit to any additional

supplemental testing deemed necessary to complete any

examination or evaluation process, including, but not limited

to, blood testing, urinalysis, psychological testing, or

neuropsychological testing.

The Department may order the examining physician or any

member of the multidisciplinary team to provide to the

Department any and all records, including business records,

that relate to the examination and evaluation, including any

supplemental testing performed. The Department may order the

examining physician or any member of the multidisciplinary team

to present testimony concerning this examination and

evaluation of the licensee or applicant, including testimony

concerning any supplemental testing or documents relating to

the examination and evaluation. No information, report,

record, or other documents in any way related to the

examination and evaluation shall be excluded by reason of any

common law or statutory privilege relating to communication

between the licensee or applicant and the examining physician

or any member of the multidisciplinary team. No authorization

is necessary from the licensee or applicant ordered to undergo

an evaluation and examination for the examining physician or

any member of the multidisciplinary team to provide

information, reports, records, or other documents or to provide

any testimony regarding the examination and evaluation. The

individual to be examined may have, at his or her own expense,

another physician of his or her choice present during all

aspects of the examination.

Failure of any individual to submit to a mental or physical

examination or evaluation, or both, when directed, shall result

in an automatic suspension without hearing, until such time as

the individual submits to the examination. If the Department

finds a licensee unable to practice because of the reasons set

forth in this Section, the Department shall require the

licensee to submit to care, counseling, or treatment by

physicians approved or designated by the Department as a

condition for continued, reinstated, or renewed licensure.

When the Secretary immediately suspends a license under

this Section, a hearing upon such person's license must be

convened by the Department within 15 days after the suspension

and completed without appreciable delay. The Department shall

have the authority to review the licensee's record of treatment

and counseling regarding the impairment to the extent permitted

by applicable federal statutes and regulations safeguarding

the confidentiality of medical records.

Individuals licensed under this Act who are affected under

this Section shall be afforded an opportunity to demonstrate to

the Department that they can resume practice in compliance with

acceptable and prevailing standards under the provisions of

their license.

(5) The Department shall deny a license or renewal

authorized by this Act to a person who has defaulted on an

educational loan or scholarship provided or guaranteed by the

Illinois Student Assistance Commission or any governmental

agency of this State in accordance with paragraph (5) of

subsection (a) of Section 2105-15 of the Department of

Professional Regulation Law of the Civil Administrative Code of

Illinois.

(6) In cases where the Department of Healthcare and Family

Services has previously determined a licensee or a potential

licensee is more than 30 days delinquent in the payment of

child support and has subsequently certified the delinquency to

the Department, the Department may refuse to issue or renew or

may revoke or suspend that person's license or may take other

disciplinary action against that person based solely upon the

certification of delinquency made by the Department of

Healthcare and Family Services in accordance with paragraph (5)

of subsection (a) of Section 2105-15 of the Department of

Professional Regulation Law of the Civil Administrative Code of

Illinois.

(Source: P.A. 98-214, eff. 8-9-13.)

(225 ILCS 5/17) (from Ch. 111, par. 7617)

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

Sec. 17. Violations; injunction; cease and desist order

Violations - Injunction - Cease and desist order.

(a) If any person violates a the provision of this Act, the

Secretary Director may, in the name of the People of the State

of Illinois, through the Attorney General of the State of

Illinois or the State's Attorney of the county in which the

violation is alleged to have occurred, 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 hold himself or herself out in a

manner prohibited by this Act, any interested party or any

person injured thereby may, in addition to the Secretary

Director, petition for relief as provided in subsection (a) of

this Section.

(c) Whenever in the opinion of the Department any person

violates any provision of this Act, the Department may issue a

rule to show cause why an order to cease and desist should not

be entered against him or her. 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 forthwith.

(Source: P.A. 84-1080.)

(225 ILCS 5/17.5)

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

Sec. 17.5. Unlicensed practice; violation; civil penalty.

(a) In addition to any other penalty provided by law, any

Any person who practices, offers to practice, attempts to

practice, or holds oneself out to practice as a licensed

athletic trainer without being licensed under this Act shall,

in addition to any other penalty provided by law, pay a civil

penalty to the Department in an amount not to exceed $10,000

$5,000 for each offense as determined by the Department. The

civil penalty shall be assessed by the Department after a

hearing is held in accordance with the provisions set forth in

this Act regarding the provision of a hearing for the

discipline of a licensee.

(b) The Department has the authority and power to

investigate any and all unlicensed activity.

(c) The civil penalty shall be paid within 60 days after

the effective date of the order imposing the civil penalty or

in accordance with the order imposing the civil penalty. The

order shall constitute a judgment and may be filed and

execution had thereon in the same manner as any judgment from

any court of record.

(Source: P.A. 94-246, eff. 1-1-06.)

(225 ILCS 5/18) (from Ch. 111, par. 7618)

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

Sec. 18. Investigations; notice and hearing. The

Department may investigate the actions of any applicant or of

any person or persons holding or claiming to hold a license.

The Department shall, before refusing to issue or to renew a

license or disciplining a registrant, at least 30 days prior to

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

or licensee for, or holder of, a license of the nature of the

charges and the time and place that a hearing will be held on

the charges date designated. 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 or certificate may be suspended,

revoked, placed on probationary status, or other disciplinary

action may be taken, including limiting the scope, nature, or

extent of practice, as the Director may deem proper. Written

notice may be served by personal delivery or certified or

registered mail to the respondent at the address of his or her

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 Department Board shall proceed to hear

the charges, and the parties or their counsel shall be accorded

ample opportunity to present such statements, testimony,

evidence, and argument as may be pertinent to the charges or to

their defense. The Department Board may continue a hearing from

time to time. The written notice and any notice in the

subsequent proceeding may be served by registered or certified

mail to the licensee's address of record.

(Source: P.A. 89-216, eff. 1-1-96.)

(225 ILCS 5/18.5 new)

Sec. 18.5. Confidentiality. All information collected by

the Department in the course of an examination or investigation

of a licensee or applicant, including, but not limited to, any

complaint against a licensee filed with the Department and

information collected to investigate any such complaint, shall

be maintained for the confidential use of the Department and

shall not be disclosed. The Department may not disclose the

information to anyone other than law enforcement officials,

other regulatory agencies that have an appropriate regulatory

interest as determined by the Secretary, or a party presenting

a lawful subpoena to the Department. Information and documents

disclosed to a federal, State, county, or local law enforcement

agency shall not be disclosed by the agency for any purpose to

any other agency or person. A formal complaint filed against a

licensee by the Department or any order issued by the

Department against a licensee or applicant shall be a public

record, except as otherwise prohibited by law.

(225 ILCS 5/19) (from Ch. 111, par. 7619)

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

Sec. 19. Record of proceedings Stenographer - Transcript.

The Department, at its expense, shall preserve a record of all

proceedings at the formal hearing of any case involving the

refusal to issue or renew a license or the discipline of a

licensee. The notice of hearing, complaint and all other

documents in the nature of pleadings and written motions filed

in the proceedings, the transcript of testimony, the report of

the Board and order of the Department shall be the record of

such proceeding. Any licensee who is found to have violated

this Act or who fails to appear for a hearing to refuse to

issue, restore, or renew a license or to discipline a licensee

may be required by the Department to pay for the costs of the

proceeding. These costs are limited to costs for court

reporters, transcripts, and witness attendance and mileage

fees. All costs 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. 89-216, eff. 1-1-96.)

(225 ILCS 5/19.5 new)

Sec. 19.5. Subpoenas; oaths. The Department may subpoena

and bring before it any person and may take the oral or written

testimony of any person or compel the production of any books,

papers, records, or any other documents that the Secretary or

his or her designee deems relevant or material to an

investigation or hearing conducted by the Department with the

same fees and mileage and in the same manner as prescribed by

law in judicial procedure in civil cases in courts of this

State.

The Secretary, the designated hearing officer, any member

of the Board, or a certified shorthand court reporter may

administer oaths at any hearing which the Department conducts.

Notwithstanding any other statute or Department rule to the

contrary, all requests for testimony or production of documents

or records shall be in accordance with this Act.

(225 ILCS 5/20) (from Ch. 111, par. 7620)

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

Sec. 20. Attendance of witnesses; contempt Compelling

testimony. Any circuit court may, upon application of the

Department or its designee or of the applicant or licensee

against whom proceedings pursuant to Section 20 of this Act are

pending, enter an order requiring the attendance of witnesses

and their testimony, and the production of documents, papers,

files, books, and records in connection with any hearing or

investigation. The court may compel obedience to its order by

proceedings for contempt.

(Source: P.A. 89-216, eff. 1-1-96.)

(225 ILCS 5/21) (from Ch. 111, par. 7621)

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

Sec. 21. Findings of Board and recommendations. At the

conclusion of the hearing the Board shall present to the

Secretary Director a written report of its findings of fact,

conclusions of law, and recommendations. The report shall

contain a finding of whether or not the accused person violated

this Act or failed to comply with the conditions required in

this Act. The Board shall specify the nature of the violation

or failure to comply, and shall make its recommendations to the

Secretary Director.

The report of findings of fact, conclusions of law, and

recommendations of the Board shall be the basis for the

Department's order refusing to issue, restore, or renew a

license, or otherwise disciplining a licensee. If of refusal or

for the granting of licensure unless the Secretary disagrees

with the report of Director shall determine that the Board,

report is contrary to the manifest weight of the evidence, in

which case the Secretary Director may issue an order in

contravention of the Board report. The finding is not

admissible in evidence against the person in a criminal

prosecution brought for the violation of this Act, but the

hearing and finding are not a bar to a criminal prosecution

brought for the violation of this Act.

(Source: P.A. 89-216, eff. 1-1-96.)

(225 ILCS 5/22) (from Ch. 111, par. 7622)

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

Sec. 22. Report of Board; motion for rehearing Rehearing.

In any case involving the refusal to issue or renew a license

or the discipline of a licensee, a copy of the Board's report

shall be served upon the respondent by the Department, either

personally or as provided in this Act for the service of the

notice of hearing. Within 20 days after such service, the

respondent may present to the Department a motion in writing

for a rehearing, which motion shall specify the particular

grounds therefor. If no motion for rehearing is filed, then

upon the expiration of the time specified for filing such a

motion, or if a motion for rehearing is denied, then upon such

denial the Secretary Director may enter an order in accordance

with recommendations of the Board except as provided in Section

23 of this Act. If the respondent shall order from the

reporting service, and pay for a transcript of the record

within the time for filing a motion for rehearing, the 20 day

period within which such a motion may be filed shall commence

upon the delivery of the transcript to the respondent.

(Source: P.A. 89-216, eff. 1-1-96.)

(225 ILCS 5/23) (from Ch. 111, par. 7623)

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

Sec. 23. Rehearing Director - Rehearing. Whenever the

Secretary Director is satisfied that substantial justice has

not been done in the revocation or suspension of a license or

refusal to issue or renew a license, the Secretary Director may

order a rehearing by the same or other examiners.

(Source: P.A. 89-216, eff. 1-1-96.)

(225 ILCS 5/24) (from Ch. 111, par. 7624)

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

Sec. 24. Hearing officer appointment. The Secretary

Director 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 a license, or for the taking of disciplinary action

against a license discipline of a licensee. The hearing officer

shall have full authority to conduct the hearing. The hearing

officer shall report his or her findings of fact, conclusions

of law, and recommendations to the Board and the Secretary

Director. The Board shall have 90 60 days from receipt of the

report to review the report of the hearing officer and present

its their findings of fact, conclusions of law and

recommendation to the Secretary Director. If the Board fails to

present its report within the 90 60 day period, the Secretary

may Director shall issue an order based on the report of the

hearing officer. If the Secretary Director determines that the

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

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

Board's report.

(Source: P.A. 89-216, eff. 1-1-96.)

(225 ILCS 5/25) (from Ch. 111, par. 7625)

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

Sec. 25. Order or certified copy; prima thereof - Prima

facie proof. An order or a certified copy thereof, over the

seal of the Department and purporting to be signed by the

Secretary Director, shall be prima facie proof:

(a) That such signature is the genuine signature of the

Secretary Director;

(b) That such Secretary Director is duly appointed and

qualified;

(c) (Blank) That the Board and the members thereof are

qualified to act.

(Source: P.A. 84-1080.)

(225 ILCS 5/26) (from Ch. 111, par. 7626)

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

Sec. 26. Restoration of suspended or revoked license from

discipline. At any time after the successful completion of a

term of indefinite probation, suspension or revocation of any

license, the Department may restore the license to the

licensee, unless, after an investigation and a hearing, the

Secretary determines that restoration is not in the public

interest or that the licensee has not been sufficiently

rehabilitated to warrant the public trust. No person or entity

whose license, certificate, or authority has been revoked as

authorized in this Act may apply for restoration of that

license, certificate, or authority until such time as provided

for in the Civil Administrative Code of Illinois it to the

accused person upon the written recommendation of the Board

unless, after an investigation and a hearing, the Board

determines that restoration is not in the public interest.

(Source: P.A. 89-216, eff. 1-1-96.)

(225 ILCS 5/27) (from Ch. 111, par. 7627)

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

Sec. 27. Surrender of license. Upon the revocation or

suspension of any license, the licensee shall forthwith

surrender the license or licenses to the Department, and if he

or she fails to do so, the Department shall have the right to

seize the license.

(Source: P.A. 89-216, eff. 1-1-96.)

(225 ILCS 5/28) (from Ch. 111, par. 7628)

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

Sec. 28. Summary Temporary suspension of a license. The

Secretary Director may summarily temporarily suspend the

license of an athletic trainer without a hearing,

simultaneously with the institution of proceedings for a

hearing provided for in Section 20 of this Act, if the

Secretary Director finds that evidence in his or her possession

indicates that an athletic trainer's continuation in practice

would constitute an imminent danger to the public. In the event

that the Secretary Director suspends, summarily temporarily,

the license of an athletic trainer without a hearing, a hearing

shall be commenced by the Board must be held within 30 days

after such suspension has occurred and shall be concluded as

expeditiously as possible.

(Source: P.A. 89-216, eff. 1-1-96.)

(225 ILCS 5/29) (from Ch. 111, par. 7629)

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

Sec. 29. Administrative review; venue review - Venue. All

final administrative decisions of the Department are subject to

judicial review pursuant to the provisions of the

"Administrative Review Law", as now or hereafter amended and

all rules adopted pursuant thereto. The term "administrative

decision" is defined as in Section 3-101 of the Code of Civil

Procedure.

Proceedings for judicial review shall be commenced in the

circuit court of the county in which the party applying for

review relief resides; but if the party is not a resident of

this State, the venue shall be in Sangamon County.

(Source: P.A. 84-1080.)

(225 ILCS 5/30) (from Ch. 111, par. 7630)

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

Sec. 30. Certifications of record; costs. The Department

shall not be required to certify any record to the Court or

file any answer in court or otherwise appear in any court in a

judicial review proceeding, unless and until the Department has

received from the plaintiff payment of the costs of furnishing

and certifying the record, which costs shall be determined by

the Department. Exhibits shall be certified without cost there

is filed in the court, with the complaint, a receipt from the

Department acknowledging payment of the costs of furnishing and

certifying the record. Failure on the part of the plaintiff to

file a receipt in court Court shall be grounds for dismissal of

the action.

(Source: P.A. 87-1031.)

(225 ILCS 5/31) (from Ch. 111, par. 7631)

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

Sec. 31. Criminal penalties Violations. Any person who is

found to have violated any provision of this Act is guilty of a

Class A misdemeanor for a first offense. On conviction of a

second or subsequent offense, the violator shall be guilty of a

Class 4 felony.

(Source: P.A. 84-1080.)

Section 15. The Illinois Roofing Industry Licensing Act is

amended by changing Sections 2, 2.1, 3, 3.5, 4.5, 5, 5.1, 5.5,

6, 7, 9, 9.1, 9.2, 9.3, 9.4, 9.5, 9.6, 9.7, 9.8, 9.9a, 9.10,

9.14, 9.15, 10, 10a, 11 and 11.5, and by adding Sections 11.6,

11.7, 11.8, 11.9, and 11.10 as follows:

(225 ILCS 335/2) (from Ch. 111, par. 7502)

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

Sec. 2. Definitions. As used in this Act, unless the

context otherwise requires:

(a) "Licensure" means the act of obtaining or holding a

license issued by the Department as provided in this Act.

(b) "Department" means the Department of Financial and

Professional Regulation.

(c) "Secretary Director" means the Secretary Director of

Financial and Professional Regulation.

(d) "Person" means any individual, partnership,

corporation, business trust, limited liability company, or

other legal entity.

(e) "Roofing contractor" is one who has the experience,

knowledge and skill to construct, reconstruct, alter, maintain

and repair roofs and use materials and items used in the

construction, reconstruction, alteration, maintenance and

repair of all kinds of roofing and waterproofing as related to

roofing, all in such manner to comply with all plans,

specifications, codes, laws, and regulations applicable

thereto, but does not include such contractor's employees to

the extent the requirements of Section 3 of this Act apply and

extend to such employees.

(f) "Board" means the Roofing Advisory Board.

(g) "Qualifying party" means the individual filing as a

sole proprietor, partner of a partnership, officer of a

corporation, trustee of a business trust, or party of another

legal entity, who is legally qualified to act for the business

organization in all matters connected with its roofing

contracting business, has the authority to supervise roofing

installation operations, and is actively engaged in day to day

activities of the business organization.

"Qualifying party" does not apply to a seller of roofing

materials or services when the construction, reconstruction,

alteration, maintenance, or repair of roofing or waterproofing

is to be performed by a person other than the seller or the

seller's employees.

(h) "Limited roofing license" means a license made

available to contractors whose roofing business is limited to

roofing residential properties consisting of 8 units or less.

(i) "Unlimited roofing license" means a license made

available to contractors whose roofing business is unlimited in

nature and includes roofing on residential, commercial, and

industrial properties.

(j) "Seller of services or materials" means a business

entity primarily engaged in the sale of tangible personal

property at retail.

(k) "Building permit" means a permit issued by a unit of

local government for work performed within the local

government's jurisdiction that requires a license under this

Act.

(l) "Address of record" means the designated address

recorded by the Department in the applicant's or licensee's

application file or license file as maintained by the

Department's licensure maintenance unit. It is the duty of the

applicant or licensee to inform the Department of any change of

address, and those changes must be made either through the

Department's website or by contacting the Department.

(Source: P.A. 96-624, eff. 1-1-10; 97-965, eff. 8-15-12.)

(225 ILCS 335/2.1) (from Ch. 111, par. 7502.1)

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

Sec. 2.1. Administration of Act; rules and forms. The

Department may exercise the following powers and duties subject

to the provisions of this Act:

(a) The Department shall exercise the powers and duties

prescribed by the Civil Administrative Code of Illinois for the

administration of licensing Acts and shall exercise such other

powers and duties necessary for effectuating the purposes of

this Act To prescribe forms of application for certificates of

registration.

(b) The Secretary may adopt rules consistent with the

provisions of this Act for the administration and enforcement

of this Act and for the payment of fees connected with this Act

and may prescribe forms that shall be issued in connection with

this Act. The rules may include, but not be limited to, the

standards and criteria for licensure and professional conduct

and discipline and the standards and criteria used when

determining fitness to practice. The Department may consult

with the Board in adopting rules To pass upon the

qualifications of applicants for certificates of registration

and issue certificates of registration to those found to be fit

and qualified.

(c) The Department may, at any time, seek the advice and

the expert knowledge of the Board on any matter relating to the

administration of this Act To conduct hearings on proceedings

to revoke, suspend or otherwise discipline or to refuse to

issue or renew certificates of registration.

(d) (Blank) To formulate rules and regulations when

required for the administration and enforcement of this Act.

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

(225 ILCS 335/3) (from Ch. 111, par. 7503)

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

Sec. 3. Application for license.

(1) To obtain a license, an applicant must indicate if the

license is sought for a sole proprietorship, partnership,

corporation, business trust, or other legal entity and whether

the application is for a limited or unlimited roofing license.

If the license is sought for a sole proprietorship, the license

shall be issued to the sole proprietor who shall also be

designated as the qualifying party. If the license is sought

for a partnership, corporation, business trust, or other legal

entity, the license shall be issued in the company name. A

company must designate one individual who will serve as a

qualifying party. The qualifying party is the individual who

must take the examination required under Section 3.5. The

company shall submit an application in writing to the

Department on a form containing the information prescribed by

the Department and accompanied by the fee fixed by the

Department. The application shall include, but shall not be

limited to:

(a) the name and address of the person designated as

the qualifying party responsible for the practice of

professional roofing in Illinois;

(b) the name of the sole proprietorship and its sole

proprietor, the name of the partnership and its partners,

the name of the corporation and its officers, shareholders,

and directors, the name of the business trust and its

trustees, or the name of such other legal entity and its

members;

(c) evidence of compliance with any statutory

requirements pertaining to such legal entity, including

compliance with the Assumed Business Name Act; and any laws

pertaining to the use of fictitious names, if a fictitious

name is used; if the business is a sole proprietorship and

doing business under a name other than that of the

individual proprietor, the individual proprietor must list

all business names used for that proprietorship.

(d) a signed irrevocable uniform consent to service of

process form provided by the Department.

(1.5) (Blank). A certificate issued by the Department

before the effective date of this amendatory Act of the 91st

General Assembly shall be deemed a license for the purposes of

this Act.

(2) An applicant for a license must submit satisfactory

evidence that:

(a) he or she has obtained public liability and

property damage insurance in such amounts and under such

circumstances as may be determined by the Department;

(b) he or she has obtained Workers' Compensation

insurance for roofing covering his or her employees or is

approved as a self-insurer of Workers' Compensation in

accordance with Illinois law;

(c) he or she has an unemployment insurance employer

account number issued by the Department of Employment

Security, and he or she is not delinquent in the payment of

any amount due under the Unemployment Insurance Act;

(d) he or she has submitted a continuous bond to the

Department in the amount of $10,000 for a limited license

and in the amount of $25,000 for an unlimited license; and

(e) a qualifying party has satisfactorily completed

the examination required under Section 3.5.

(3) It is the ongoing responsibility of the licensee to

provide to the Department notice in writing of any changes in

the information required to be provided on the application.

(4) (Blank). All roofing contractors must designate a

qualifying party and otherwise achieve compliance with this Act

no later than July 1, 2003 or his or her license will

automatically expire on July 1, 2003.

(5) Nothing in this Section shall apply to a seller of

roofing materials or services when the construction,

reconstruction, alteration, maintenance, or repair of roofing

or waterproofing is to be performed by a person other than the

seller or the seller's employees.

(6) Applicants have 3 years from the date of application to

complete the application process. If the application has not

been completed within 3 years, the application shall be denied,

the fee shall be forfeited and the applicant must reapply and

meet the requirements in effect at the time of reapplication.

(Source: P.A. 98-838, eff. 1-1-15.)

(225 ILCS 335/3.5)

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

Sec. 3.5. Examinations Examination.

(a) The Department shall authorize examinations for

applicants for initial licensure licenses at the time and place

it may designate. The examinations shall be of a character to

fairly test the competence and qualifications of applicants to

act as roofing contractors. Each applicant for limited licenses

shall designate a qualifying party who shall take an

examination, the technical portion of which shall cover

residential roofing practices. Each applicant for an unlimited

license shall designate a qualifying party who shall take an

examination, the technical portion of which shall cover

residential, commercial, and industrial roofing practices.

Both examinations shall cover Illinois jurisprudence as it

relates to roofing practice.

(b) An applicant for a limited license or an unlimited

license or a qualifying party designated by an applicant for a

limited license or unlimited license shall pay, either to the

Department or the designated testing service, a fee established

by the Department to cover the cost of providing the

examination. Failure of the individual scheduled to appear for

the examination on the scheduled date at the time and place

specified, after the applicant's his or her application for

examination has been received and acknowledged by the

Department or the designated testing service, shall result in

forfeiture of the examination fee.

(c) The qualifying party for an applicant for a new license

must have passed an examination authorized by the Department

before the Department may issue a license.

(d) The application for a license as a corporation,

business trust, or other legal entity submitted by a sole

proprietor who is currently licensed under this Act and exempt

from the examination requirement of this Section shall not be

considered an application for initial licensure for the

purposes of this subsection (d) if the sole proprietor is named

in the application as the qualifying party and is the sole

owner of the legal entity. Upon issuance of a license to the

new legal entity, the sole proprietorship license is

terminated.

The application for initial licensure as a partnership,

corporation, business trust, or other legal entity submitted by

a currently licensed partnership, corporation, business trust,

or other legal entity shall not be considered an application

for initial licensure for the purposes of this subsection (d)

if the entity's current qualifying party is exempt from the

examination requirement of this Section, that qualifying party

is named as the new legal entity's qualifying party, and the

majority of ownership in the new legal entity remains the same

as the currently licensed entity. Upon issuance of a license to

the new legal entity under this subsection (d), the former

license issued to the applicant is terminated.

(e) An applicant has 3 years after the date of his or her

application to complete the application process. If the process

has not been completed within 3 years, the application shall be

denied, the fee shall be forfeited, and the applicant must

reapply and meet the requirements in effect at the time of

reapplication.

(Source: P.A. 95-303, eff. 1-1-08; 96-624, eff. 1-1-10.)

(225 ILCS 335/4.5)

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

Sec. 4.5. Duties of qualifying party; replacement; grounds

for discipline.

(a) While engaged as or named as a qualifying party for a

licensee, no person may be the named qualifying party for any

other licensee. However, the person may act in the capacity of

the qualifying party for one additional licensee of the same

type of licensure if one of the following conditions exists:

(1) there There is a common ownership of at least 25%

of each licensed entity for which the person acts as a

qualifying party; or .

(2) the The same person acts as a qualifying party for

one licensed entity and its licensed subsidiary.

"Subsidiary" as used in this Section means a corporation of

which at least 25% is owned by another licensee.

(b) Upon the loss of In the event that a qualifying party

who is not replaced is terminated or terminating his or her

status as qualifying party of a licensee, the qualifying party

or and the licensee, or both, shall notify the Department of

that fact in writing. Thereafter, the licensee shall notify the

Department of the name and address of the newly designated

qualifying party. The newly designated qualifying party must

take and pass the examination prescribed in Section 3.5 of this

Act; however, a newly designated qualifying party is exempt

from the examination requirement until January 1, 2012 if he or

she has acted in the capacity of a roofing contractor for a

period of at least 15 years for the licensee for which he or

she seeks to be the qualifying party. These requirements shall

be met in a timely manner as established by rule of the

Department.

(c) A qualifying party that is accepted by the Department

shall have the authority to act for the licensed entity in all

matters connected with its roofing contracting business and to

supervise roofing installation operations. This authority

shall not be deemed to be a license for purposes of this Act.

(d) Designation of a qualifying party by an applicant under

this Section and Section 3 is subject to acceptance by the

Department. The Department may refuse to accept a qualifying

party (i) for failure to qualify as required under this Act and

the rules adopted under this Act or (ii) after making a

determination that the designated party has a history of acting

illegally, fraudulently, incompetently, or with gross

negligence in the roofing or construction business.

(e) The Department may, at any time after giving

appropriate notice and the opportunity for a hearing, suspend

or revoke its acceptance of a qualifying party designated by a

licensee for any act or failure to act that gives rise to any

ground for disciplinary action against that licensee under

Section 9.1 or 9.6 of this Act and the rules adopted under this

Act. If the Department suspends or revokes its acceptance of a

qualifying party, the license of the licensee shall be deemed

to be suspended until a new qualifying party has been

designated by the licensee and accepted by the Department.

If acceptance of a qualifying party is suspended or revoked

for action or inaction that constitutes a violation of this Act

or the rules adopted under this Act, the Department may in

addition take such other disciplinary or non-disciplinary

action as it may deem proper, including imposing a fine on the

qualifying party, not to exceed $10,000 for each violation.

All administrative decisions of the Department under this

subsection (e) are subject to judicial review pursuant to

Section 9.7 of this Act. An order taking action against a

qualifying party shall be deemed a final administrative

decision of the Department for purposes of Section 9.7 of this

Act.

(Source: P.A. 96-624, eff. 1-1-10.)

(225 ILCS 335/5) (from Ch. 111, par. 7505)

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

Sec. 5. Display of license number; building permits;

advertising.

(a) Each State licensed roofing contractor shall affix the

roofing contractor license number and the licensee's name, as

it appears on the license, to all of his or her contracts and

bids. In addition, the official issuing building permits shall

affix the roofing contractor license number to each application

for a building permit and on each building permit issued and

recorded.

(a-3) A municipality or a county that requires a building

permit may not issue a building permit to a roofing contractor

unless that contractor has provided sufficient proof of current

licensure that he or she is licensed currently as a roofing

contractor by the State. Holders of an unlimited roofing

license may be issued permits for residential, commercial, and

industrial roofing projects. Holders of a limited roofing

license are restricted to permits for work on residential

properties consisting of 8 units or less.

(a-5) A person who knowingly, in the course of applying for

a building permit with a unit of local government, provides the

roofing license number or name of a roofing contractor whom

that person he or she does not intend to have perform the work

on the roofing portion of the project commits identity theft

under paragraph (8) of subsection (a) of Section 16-30 of the

Criminal Code of 2012.

(a-10) A building permit applicant must present a

government-issued identification along with the building

permit application. Except for the name of the individual, all

other personal information contained in the government-issued

identification shall be exempt from disclosure under

subsection (c) of Section 7 of the Freedom of Information Act.

The official issuing the building permit shall maintain the

name and identification number, as it appears on the

government-issued identification, in the building permit

application file. It is not necessary that the building permit

applicant be the qualifying party. This subsection shall not

apply to a county or municipality whose building permit process

occurs through electronic means.

(b) (Blank).

(c) Every holder of a license shall display it in a

conspicuous place in the licensee's his or her principal

office, place of business, or place of employment.

(d) No person licensed under this Act may advertise

services regulated by this Act unless that person includes in

the advertisement the roofing contractor license number and the

licensee's name, as it appears on the license. Nothing

contained in this subsection requires the publisher of

advertising for roofing contractor services to investigate or

verify the accuracy of the license number provided by the

licensee.

(e) A person who advertises services regulated by this Act

who knowingly (i) fails to display the license number and the

licensee's name, as it appears on the license, in any manner

required by this Section, (ii) fails to provide a publisher

with the correct license number as required by subsection (d),

or (iii) provides a publisher with a false license number or a

license number of another person, or a person who knowingly

allows the licensee's his or her license number to be displayed

or used by another person to circumvent any provisions of this

Section, is guilty of a Class A misdemeanor with a fine of

$1,000, and, in addition, is subject to the administrative

enforcement provisions of this Act. Each day that an

advertisement runs or each day that a person knowingly allows

the licensee's his or her license to be displayed or used in

violation of this Section constitutes a separate offense.

(Source: P.A. 96-624, eff. 1-1-10; 96-1324, eff. 7-27-10;

97-235, eff. 1-1-12; 97-597, eff. 1-1-12; 97-965, eff. 8-15-12;

97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13.)

(225 ILCS 335/5.1)

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

Sec. 5.1. Commercial vehicles. Any entity offering

services regulated by the Roofing Industry Licensing Act shall

affix the roofing contractor license number and the licensee's

name, as it appears on the license, on all commercial vehicles

used in offering such services. An entity in violation of this

Section shall be subject to a $250 civil penalty. This Section

may be enforced by local code enforcement officials employed by

units of local government as it relates to roofing work being

performed within the boundaries of their jurisdiction. For

purposes of this Section, "code enforcement official" means an

officer or other designated authority charged with the

administration, interpretation, and enforcement of codes on

behalf of a municipality or county. If the alleged violation

has been corrected prior to or on the date of the hearing

scheduled to adjudicate the alleged violation, the violation it

shall be dismissed.

(Source: P.A. 97-235, eff. 1-1-12.)

(225 ILCS 335/5.5)

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

Sec. 5.5. Contracts. A roofing contractor, when signing a

contract, must provide a land-based phone number and a street

address other than a post office box at which the roofing

contractor he or she may be contacted.

(Source: P.A. 91-950, eff. 2-9-01.)

(225 ILCS 335/6) (from Ch. 111, par. 7506)

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

Sec. 6. Expiration and renewal; inactive status;

restoration; renewal.

(a) The expiration date and renewal period for each

certificate of registration issued under this Act shall be set

by the Department by rule.

(b) A licensee who has permitted his or her license to

expire or whose license is on inactive status may have his or

her license restored by making application to the Department in

the form and manner prescribed by the Department.

(c) A licensee 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.

(d) A licensee whose license expired while he or she was

(1) on active duty with the Armed Forces of the United States

or the State Militia called into service or training or (2) in

training or education under the supervision of the United

States preliminary to induction into the military service, may

have his or her license renewed or restored without paying any

lapsed renewal fees if, within 2 years after termination of

such service, training, or education, except under conditions

other than honorable, he or she furnishes the Department with

satisfactory evidence to the effect that he or she has been so

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

been so terminated.

(e) A roofing contractor whose license is expired or on

inactive status shall not practice under this Act in the State

of Illinois.

(Source: P.A. 95-303, eff. 1-1-08.)

(225 ILCS 335/7) (from Ch. 111, par. 7507)

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

Sec. 7. Fees. The fees for the administration and

enforcement of this Act, including, but not limited to,

original certification, renewal, and restoration of a license

issued under this Act, shall be set by rule. The fees shall be

nonrefundable. (1) The initial application fee for a

certificate shall be fixed by the Department by rule. (2) All

other fees not set forth herein shall be fixed by rule. (3)

(Blank). (4) (Blank). (5) (Blank). (6) All fees, penalties, and

fines collected under this Act shall be deposited into the

General Professions Dedicated Fund and shall be appropriated to

the Department for the ordinary and contingent expenses of the

Department in the administration of this Act.

(Source: P.A. 94-254, eff. 7-19-05.)

(225 ILCS 335/9) (from Ch. 111, par. 7509)

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

Sec. 9. Licensure requirement.

(1) It is unlawful for any person to engage in the business

or act in the capacity of or hold himself, or herself, or

itself out in any manner as a roofing contractor without having

been duly licensed under the provisions of this Act.

(2) No work involving the construction, reconstruction,

alteration, maintenance or repair of any kind of roofing or

waterproofing may be done except by a roofing contractor

licensed under this Act.

(3) Sellers of roofing services may subcontract the

provision of those roofing services only to roofing contractors

licensed under this Act.

(4) All persons performing roofing services under this Act

shall be licensed as roofing contractors, except for those

persons who are deemed to be employees under Section 10 of the

Employee Classification Act of a licensed roofing contractor.

(Source: P.A. 98-838, eff. 1-1-15.)

(225 ILCS 335/9.1) (from Ch. 111, par. 7509.1)

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

Sec. 9.1. Grounds for disciplinary action.

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

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

disciplinary or non-disciplinary action as the Department may

deem proper, including fines not to exceed $10,000 for each

violation, with regard to any license for any one or

combination of the following causes:

(a) violation of this Act or its rules;

(b) conviction or plea of guilty or nolo contendere,

finding of guilt, jury verdict, or entry of judgment or

sentencing of any crime, including, but not limited to,

convictions, preceding sentences of supervision,

conditional discharge, or first offender probation, under

the laws of any jurisdiction of the United States or any

state or territory thereof that is (i) a felony or (ii) a

misdemeanor, an essential element of which is dishonesty or

that is directly related to the practice of the profession;

(c) fraud or making any misrepresentation in applying

for or procuring for the purpose of obtaining a license

under this Act, or in connection with applying for renewal

of a license under this Act;

(d) professional incompetence or gross negligence in

the practice of roofing contracting, prima facie evidence

of which may be a conviction or judgment in any court of

competent jurisdiction against an applicant or licensee

relating to the practice of roofing contracting or the

construction of a roof or repair thereof that results in

leakage within 90 days after the completion of such work;

(e) (blank);

(f) aiding or assisting another person in violating any

provision of this Act or rules;

(g) failing, within 60 days, to provide information in

response to a written request made by the Department which

has been sent by certified or registered mail to the

licensee's last known address;

(h) engaging in dishonorable, unethical, or

unprofessional conduct of a character likely to deceive,

defraud, or harm the public;

(i) habitual or excessive use or abuse of controlled

substances, as defined by the Illinois Controlled

Substances Act, alcohol, or any other substance that

addiction to alcohol, narcotics, stimulants or any other

chemical agent or drug which results in the inability to

practice with reasonable judgment, skill, or safety;

(j) discipline by another state, unit of government, or

government agency, the District of Columbia, a territory,

U.S. jurisdiction or a foreign nation, if at least one of

the grounds for the discipline is the same or substantially

equivalent to those set forth in this Section;

(k) 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;

(l) a finding by the Department that the licensee,

after having his or her license disciplined, placed on

probationary status has violated the terms of the

discipline probation;

(m) a finding by any court of competent jurisdiction,

either within or without this State, of any violation of

any law governing the practice of roofing contracting, if

the Department determines, after investigation, that such

person has not been sufficiently rehabilitated to warrant

the public trust;

(n) willfully making or filing false records or reports

in the practice of roofing contracting, including, but not

limited to, false records filed with the State agencies or

departments a finding that licensure has been applied for

or obtained by fraudulent means;

(o) practicing, attempting to practice, or advertising

under a name other than the full name as shown on the

license or any other legally authorized name;

(p) gross and willful overcharging for professional

services including filing false statements for collection

of fees or monies for which services are not rendered;

(q) (blank); failure 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;

(r) (blank); the Department shall deny any license or

renewal under this Act to any person who has defaulted on

an educational loan guaranteed by the Illinois State

Scholarship Commission; however, the Department may issue

a license or renewal if the person in default has

established a satisfactory repayment record as determined

by the Illinois State Scholarship Commission;

(s) failure to continue to meet the requirements of

this Act shall be deemed a violation;

(t) physical or mental disability, including

deterioration through the aging process or loss of

abilities and skills that result in an inability to

practice the profession with reasonable judgment, skill,

or safety;

(u) material misstatement in furnishing information to

the Department or to any other State agency;

(v) (blank); the determination by a court that a

licensee is subject to involuntary admission or judicial

admission as provided in the Mental Health and

Developmental Disabilities Code will result in an

automatic suspension of his or her license. The suspension

will end upon a finding by a court that the licensee is no

longer subject to involuntary admission or judicial

admission, the issuance of an order so finding and

discharging the patient, and the recommendation of the

Board to the Director that the licensee be allowed to

resume professional practice;

(w) advertising in any manner that is false,

misleading, or deceptive;

(x) taking undue advantage of a customer, which results

in the perpetration of a fraud;

(y) performing any act or practice that is a violation

of the Consumer Fraud and Deceptive Business Practices Act;

(z) engaging in the practice of roofing contracting, as

defined in this Act, with a suspended, revoked, or

cancelled license;

(aa) treating any person differently to the person's

detriment because of race, color, creed, gender, age,

religion, or national origin;

(bb) knowingly making any false statement, oral,

written, or otherwise, of a character likely to influence,

persuade, or induce others in the course of obtaining or

performing roofing contracting services;

(cc) violation of any final administrative action of

the Secretary;

(dd) allowing the use of his or her roofing license by

an unlicensed roofing contractor for the purposes of

providing roofing or waterproofing services; or

(ee) (blank); aiding or assisting another person in

violating any provision of this Act or its rules,

including, but not limited to, Section 9 of this Act.

(ff) cheating or attempting to subvert a licensing

examination administered under this Act; or

(gg) use of a license to permit or enable an unlicensed

person to provide roofing contractor services.

(2) The determination by a circuit court that a license

holder is subject to involuntary admission or judicial

admission, as provided in the Mental Health and Developmental

Disabilities Code, operates as an automatic suspension. Such

suspension will end only upon a finding by a court that the

patient is no longer subject to involuntary admission or

judicial admission, an order by the court so finding and

discharging the patient, and the recommendation of the Board to

the Director that the license holder be allowed to resume his

or her practice.

(3) The Department may refuse to issue or take disciplinary

action concerning the license of any person who fails to file a

return, to pay the tax, penalty, or interest shown in a filed

return, or to pay any final assessment of tax, penalty, or

interest as required by any tax Act administered by the

Department of Revenue, until such time as the requirements of

any such tax Act are satisfied as determined by the Department

of Revenue.

(4) In enforcing this Section, the Department, upon a

showing of a possible violation, may compel any individual who

is licensed under this Act or any individual who has applied

for licensure to submit to a mental or physical examination or

evaluation, or both, which may include a substance abuse or

sexual offender evaluation, at the expense of the Department.

The Department shall specifically designate the examining

physician licensed to practice medicine in all of its branches

or, if applicable, the multidisciplinary team involved in

providing the mental or physical examination and evaluation.

The multidisciplinary team shall be led by a physician licensed

to practice medicine in all of its branches and may consist of

one or more or a combination of physicians licensed to practice

medicine in all of its branches, licensed chiropractic

physicians, licensed clinical psychologists, licensed clinical

social workers, licensed clinical professional counselors, and

other professional and administrative staff. Any examining

physician or member of the multidisciplinary team may require

any person ordered to submit to an examination and evaluation

pursuant to this Section to submit to any additional

supplemental testing deemed necessary to complete any

examination or evaluation process, including, but not limited

to, blood testing, urinalysis, psychological testing, or

neuropsychological testing.

(5) The Department may order the examining physician or any

member of the multidisciplinary team to provide to the

Department any and all records, including business records,

that relate to the examination and evaluation, including any

supplemental testing performed. The Department may order the

examining physician or any member of the multidisciplinary team

to present testimony concerning this examination and

evaluation of the licensee or applicant, including testimony

concerning any supplemental testing or documents relating to

the examination and evaluation. No information, report,

record, or other documents in any way related to the

examination and evaluation shall be excluded by reason of any

common law or statutory privilege relating to communication

between the licensee or applicant and the examining physician

or any member of the multidisciplinary team. No authorization

is necessary from the licensee or applicant ordered to undergo

an evaluation and examination for the examining physician or

any member of the multidisciplinary team to provide

information, reports, records, or other documents or to provide

any testimony regarding the examination and evaluation. The

individual to be examined may have, at his or her own expense,

another physician of his or her choice present during all

aspects of the examination.

(6) Failure of any individual to submit to mental or

physical examination or evaluation, or both, when directed,

shall result in an automatic suspension without hearing until

such time as the individual submits to the examination. If the

Department finds a licensee unable to practice because of the

reasons set forth in this Section, the Department shall require

the licensee to submit to care, counseling, or treatment by

physicians approved or designated by the Department as a

condition for continued, reinstated, or renewed licensure.

(7) When the Secretary immediately suspends a license under

this Section, a hearing upon such person's license must be

convened by the Department within 15 days after the suspension

and completed without appreciable delay. The Department shall

have the authority to review the licensee's record of treatment

and counseling regarding the impairment to the extent permitted

by applicable federal statutes and regulations safeguarding

the confidentiality of medical records.

(8) Licensees affected under this Section shall be afforded

an opportunity to demonstrate to the Department that they can

resume practice in compliance with acceptable and prevailing

standards under the provisions of their license.

(9) The Department shall deny a license or renewal

authorized by this Act to a person who has defaulted on an

educational loan or scholarship provided or guaranteed by the

Illinois Student Assistance Commission or any governmental

agency of this State in accordance with paragraph (5) of

subsection (a) of Section 2105-15 of the Department of

Professional Regulation Law of the Civil Administrative Code of

Illinois.

(10) In cases where the Department of Healthcare and Family

Services has previously determined a licensee or a potential

licensee is more than 30 days delinquent in the payment of

child support and has subsequently certified the delinquency to

the Department, the Department may refuse to issue or renew or

may revoke or suspend that person's license or may take other

disciplinary action against that person based solely upon the

certification of delinquency made by the Department of

Healthcare and Family Services in accordance with paragraph (5)

of subsection (a) of Section 2105-15 of the Department of

Professional Regulation Law of the Civil Administrative Code of

Illinois.

The changes to this Act made by this amendatory Act of 1997

apply only to disciplinary actions relating to events occurring

after the effective date of this amendatory Act of 1997.

(Source: P.A. 95-303, eff. 1-1-08; 96-1324, eff. 7-27-10.)

(225 ILCS 335/9.2) (from Ch. 111, par. 7509.2)

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

Sec. 9.2. Record Stenographer; record of proceedings. The

Department, at its expense, shall provide a stenographer to

take down the testimony and preserve a record of all

proceedings at the formal hearing of any case initiated

pursuant to this Act, the rules for the administration of this

Act, or any other Act or rules relating to this Act and

proceedings for restoration of any license issued under this

Act. The notice of hearing, complaint, answer, and all other

documents in the nature of pleadings and written motions and

responses filed in the proceedings, the transcript of the

testimony, all exhibits admitted into evidence, the report of

the hearing officer, the Board's findings of fact, conclusions

of law, and recommendations to the Director, and the order of

the Department shall be the record of the proceedings. Any

licensee who is found to have violated this Act or who fails to

appear for a hearing to refuse to issue, restore, or renew a

license or to discipline a licensee may be required by the

Department to pay for the costs of the proceeding. These costs

are limited to costs for court reporters, transcripts, and

witness attendance and mileage fees. All costs imposed under

this Section shall be paid within 60 days after the effective

date of the order imposing the fine. The Department shall

furnish a transcript of the record to any person interested in

the hearing upon payment of the fee required under Section

2105-115 of the Department of Professional Regulation Law (20

ILCS 2105/2105-115).

(Source: P.A. 91-239, eff. 1-1-00; 91-950, eff. 2-9-01.)

(225 ILCS 335/9.3) (from Ch. 111, par. 7509.3)

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

Sec. 9.3. Attendance of witnesses; contempt. Any circuit

court may, upon application of the Department or its designee

or of the applicant or licensee against whom proceedings are

pending, enter an order requiring the attendance of witnesses

and their testimony of witnesses, and the production of

relevant documents, papers, files, books and records in

connection with any hearing or investigation. The court may

compel obedience to its order by proceedings for contempt.

(Source: P.A. 86-615.)

(225 ILCS 335/9.4) (from Ch. 111, par. 7509.4)

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

Sec. 9.4. Subpoenas; oaths. The Department has power to

subpoena and bring before it any person in this State and to

take the oral or written testimony either orally or by

deposition or both, or to compel the production of any books,

papers, records, subpoena documents, exhibits, or other

materials that the Secretary or his or her designee deems

relevant or material to an investigation or hearing conducted

by the Department, with the same fees and mileage and in the

same manner as prescribed by law in judicial proceedings in

civil cases in circuit courts of this State.

The Secretary, the designated hearing officer, Director

and any member of the Roofing Advisory Board, or a certified

shorthand court reporter may have power to administer oaths to

witnesses at any hearing that the Department conducts or

Roofing Advisory Board is authorized by law to conduct.

Notwithstanding any other statute or Department rule to the

contrary, all requests for testimony or production of documents

or records shall be in accordance with this Act. Further, the

Director has power to administer any other oaths required or

authorized to be administered by the Department under this Act.

(Source: P.A. 91-950, eff. 2-9-01.)

(225 ILCS 335/9.5) (from Ch. 111, par. 7509.5)

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

Sec. 9.5. Findings of fact, conclusions of law, and

recommendations of the Board; rehearing order. The Board shall

have 90 days after receipt of the report of the hearing officer

to review the report and present their findings of fact,

conclusions of law, and recommendations to the Secretary. If

the Board fails to present its findings of fact, conclusions of

law, and recommendations within the 90-day period, the

Secretary may issue an order based on the report of the hearing

officer. If the Secretary disagrees with the recommendation of

the Board or hearing officer, then the Secretary may issue an

order in contravention of the recommendation. In any case

involving the refusal to issue or renew or the taking of

disciplinary action against a license, a copy of the Board's

findings of fact, conclusions of law, and recommendations shall

be served upon the respondent by the Department as provided in

this Act for the service of the notice of hearing. Within 20

days after such service, the respondent may present to the

Department a motion in writing for a rehearing, which motion

shall specify the particular grounds therefor. If no motion for

rehearing is filed, then upon the expiration of the time

specified for filing such a motion or, if a motion for

rehearing is denied, then upon such denial the Secretary may

enter an order in accordance with recommendations of the Board.

If the respondent shall order from the reporting service, and

pays for a transcript of the record within the time for filing

a motion for rehearing, the 20-day period within which such a

motion may be filed shall commence upon the delivery of the

transcript to the respondent. Whenever the Secretary is

satisfied that substantial justice has not been done in the

revocation or suspension of, or the refusal to issue or renew,

a license, the Secretary may order a rehearing by the hearing

officer.

Within 60 days of the Department's receipt of the transcript of

any hearing that is conducted pursuant to this Act or the rules

for its enforcement or any other statute or rule requiring a

hearing under this Act or the rules for its enforcement, or for

any hearing related to restoration of any license issued

pursuant to this Act, the hearing officer shall submit his or

her written findings and recommendations to the Roofing

Advisory Board. The Roofing Advisory Board shall review the

report of the hearing officer and shall present its findings of

fact, conclusions of law, and recommendations to the Director

by the date of the Board's second meeting following the Board's

receipt of the hearing officer's report.

A copy of the findings of fact, conclusions of law, and

recommendations to the Director shall be served upon the

accused person, either personally or by registered or certified

mail. Within 20 days after service, the accused person may

present to the Department a written motion for a rehearing,

which shall state the particular grounds therefor. If the

accused person orders and pays for a transcript pursuant to

Section 9.2, the time elapsing thereafter and before the

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

counted as part of the 20 days.

The Director shall issue an order based on the findings of

fact, conclusions of law, and recommendations to the Director.

If the Director disagrees in any regard with the findings of

fact, conclusions of law, and recommendations to the Director,

he may issue an order in contravention of the findings of fact,

conclusions of law, and recommendations to the Director.

If the Director issues an order in contravention of the

findings of fact, conclusions of law, and recommendations to

the Director, the Director shall notify the Board in writing

with an explanation for any deviation from the Board's findings

of fact, conclusions of law, and recommendations to the

Director within 30 days of the Director's entry of the order.

(Source: P.A. 91-950, eff. 2-9-01.)

(225 ILCS 335/9.6) (from Ch. 111, par. 7509.6)

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

Sec. 9.6. Summary Temporary suspension pending hearing.

The Secretary Director may summarily temporarily suspend a the

license issued under this Act of a roofing contractor without a

hearing, simultaneously with the institution of proceedings

for a hearing provided for in this Act, if the Secretary

Director finds that evidence in his or her possession indicates

that continuation in practice would constitute an imminent

danger to the public. In the event that the Secretary summarily

Director temporarily suspends a license without a hearing, a

hearing by the Department shall be commenced held within 30

days after such suspension has occurred and shall be concluded

as expeditiously as possible.

(Source: P.A. 89-387, eff. 1-1-96; 90-55, eff. 1-1-98.)

(225 ILCS 335/9.7) (from Ch. 111, par. 7509.7)

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

Sec. 9.7. All final administrative decisions of the

Department are subject to judicial review pursuant to the

Administrative Review Law, as amended, and all its rules

adopted pursuant thereto. The term "administrative decision"

is defined as in Section 3-101 of the Code of Civil Procedure.

Proceedings for judicial review shall be commenced in the

circuit court of the county in which the party applying for

review resides, except that, if the party is not a resident of

this State, the venue shall be Sangamon County.

(Source: P.A. 86-615.)

(225 ILCS 335/9.8) (from Ch. 111, par. 7509.8)

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

Sec. 9.8. Criminal penalties. Any person who is found to

have violated any provision of this Act is guilty of a Class A

misdemeanor for the first offense. On conviction of a second or

subsequent offense the violator is guilty of a Class 4 felony.

Each day of violation constitutes a separate offense.

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

(225 ILCS 335/9.9a)

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

Sec. 9.9a. Certification of record; costs. The Department

shall not be required to certify any record to the court, to

file an answer in court, or to otherwise appear in any court in

a judicial review proceeding, unless and until the Department

has received from the plaintiff payment of the costs of

furnishing and certifying the record, which costs shall be

determined by the Department there is filed in the court, with

the complaint, a receipt from the Department acknowledging

payment of the costs of furnishing and certifying the record.

Failure on the part of the plaintiff to file the receipt in

court is grounds for dismissal of the action.

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

(225 ILCS 335/9.10) (from Ch. 111, par. 7509.10)

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

Sec. 9.10. Returned checks; fines. Any person who delivers

a check or other payment to the Department that is returned to

the Department unpaid by the financial institution upon which

it is drawn shall pay to the Department, in addition to the

amount already owed to the Department, a fine of $50. The fines

imposed by this Section are in addition to any other discipline

provided under this Act for unlicensed practice or practice on

a nonrenewed license. The Department shall notify the person

that payment of fees and fines shall be paid to the Department

by certified check or money order within 30 calendar days of

the notification. If, after the expiration of 30 days from the

date of the notification, the person has failed to submit the

necessary remittance, the Department shall automatically

terminate the license or deny the application, without hearing.

If, after termination or denial, the person seeks a license,

that person he or she shall apply to the Department for

restoration or issuance of the license and pay all the

application fees as set by rule. The Department may establish a

fee for the processing of an application for restoration of a

license to pay all expenses of processing this application. The

Director may waive the fines due under this Section in

individual cases where the Director finds that the fines would

be unreasonable or unnecessarily burdensome.

(Source: P.A. 91-950, eff. 2-9-01; 92-146, eff. 1-1-02; 92-651,

eff. 7-11-02.)

(225 ILCS 335/9.14) (from Ch. 111, par. 7509.14)

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

Sec. 9.14. Appointment of hearing officer. The Secretary

Director has the authority to appoint any attorney duly

licensed to practice law in the State of Illinois to serve as

the hearing officer for any action for refusal to issue or

renew a license, for discipline of a licensee for sanctions for

unlicensed practice, for restoration of a license, or for any

other action for which findings of fact, conclusions of law,

and recommendations are required pursuant to Section 9.5 of

this Act. The hearing officer shall have full authority to

conduct the hearing and shall issue his or her findings of

fact, conclusions of law, and recommendations to the Board

pursuant to Section Sections 9.5 of this Act.

(Source: P.A. 91-950, eff. 2-9-01.)

(225 ILCS 335/9.15) (from Ch. 111, par. 7509.15)

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

Sec. 9.15. Investigation; notice; default. The Department

may investigate the actions of any applicant or any person or

persons holding or claiming to hold a license. The Department

shall, before refusing to issue, renew, or discipline a

licensee or applicant suspending, revoking, placing on

probationary status, or taking any other disciplinary action as

the Department may deem proper with regard to any license, at

least 30 days prior to the date set for the hearing, notify the

applicant or licensee accused in writing of the nature of the

any charges made and the time and place for a hearing on the

charges. The Department shall direct the applicant or licensee

before the hearing officer, direct him or her to file a his

written answer to the charges with the hearing officer under

oath within 20 30 days after the service on him or her of the

such notice, and inform the applicant or licensee him or her

that failure if he or she fails to file an such answer will

result in default being will be taken against the applicant or

licensee him or her and his or her license may be suspended,

revoked, placed on probationary status, or other disciplinary

action, including limiting the scope, nature or extent of his

or her practice, as the Department may deem proper, taken. This

written notice may be served by personal delivery or certified

or registered mail to the Department. At the time and place

fixed in the notice, the Department shall proceed to hear the

charges and the parties or their counsel shall be accorded

ample opportunity to present any pertinent statements,

testimony, evidence, and arguments. The Department may

continue the hearing from time to time. In case the person

fails to file an answer after receiving notice, the his or her

license 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. The written notice and any notice in the

subsequent proceeding may be served by registered or certified

mail to the licensee's address of record. At the time and place

fixed in the notice, the Department shall proceed to hear the

charges and the parties or their counsel shall be accorded

ample opportunity to present such statements, testimony,

evidence and argument as may be pertinent to the charges or to

their defense. The Department may continue such hearing from

time to time. At the discretion of the Director after having

first received the recommendation of the hearing officer, the

accused person's license may be suspended, revoked, placed on

probationary status, or other disciplinary action may be taken

as the Director may deem proper, including limiting the scope,

nature, or extent of said person's practice without a hearing,

if the act or acts charged constitute sufficient grounds for

such action under this Act.

(Source: P.A. 90-55, eff. 1-1-98.)

(225 ILCS 335/10) (from Ch. 111, par. 7510)

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

Sec. 10. Injunctive relief; order to cease and desist

Enforcement; petition to court.

(1) If any person violates the provisions of this Act, the

Secretary, Director through the Attorney General of the State

of Illinois, or the State's Attorney of any county in which a

violation is alleged to have occurred exist, may in the name of

the People 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.

(2) If any person shall practice as a licensee or hold

himself or herself out as a licensee without being licensed

under the provisions of this Act, then any person licensed

under this Act, any interested party or any person injured

thereby may, in addition to the Secretary those officers

identified in subsection (1) of this Section, petition for

relief as provided in subsection (1) of this Section therein.

(3) (Blank).

(4) Whenever, in the opinion of the Department, any person

violates any provision of this Act, the Department may issue a

rule to show cause why an order to cease and desist should not

be entered. The rule shall clearly set forth the grounds relied

upon by the Department and shall provide a period of 7 days

after the date of issuance 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 forthwith. Proceedings under this

Section shall be in addition to, and not in lieu of, all other

remedies and penalties which may be provided by law.

(Source: P.A. 95-303, eff. 1-1-08.)

(225 ILCS 335/10a)

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

Sec. 10a. Unlicensed practice; violation; civil penalty.

(a) In addition to any other penalty provided by law, any

Any person who practices, offers to practice, attempts to

practice, or holds himself or herself out to practice roofing

without being licensed under this Act shall, in addition to any

other penalty provided by law, pay a civil penalty to the

Department in an amount not to exceed $10,000 $5,000 for each

offense as determined by the Department. The civil penalty

shall be assessed by the Department after a hearing is held in

accordance with the provisions set forth in this Act regarding

the provision of a hearing for the discipline of a licensee.

(b) The Department has the authority and power to

investigate any and all unlicensed activity.

(c) The civil penalty shall be paid within 60 days after

the effective date of the order imposing the civil penalty. The

order shall constitute a judgment and may be filed and

execution had thereon in the same manner as any judgment from

any court of record.

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

(225 ILCS 335/11) (from Ch. 111, par. 7511)

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

Sec. 11. Application of Act.

(1) Nothing in this Act limits the power of a municipality,

city, or county, or incorporated area to regulate the quality

and character of work performed by roofing contractors through

a system of permits, fees, and inspections which are designed

to secure compliance with and aid in the implementation of

State and local building laws or to enforce other local laws

for the protection of the public health and safety.

(2) Nothing in this Act shall be construed to require a

seller of roofing materials or services to be licensed as a

roofing contractor when the construction, reconstruction,

alteration, maintenance or repair of roofing or waterproofing

is to be performed by a person other than the seller or the

seller's employees.

(3) Nothing in this Act shall be construed to require a

person who performs roofing or waterproofing work to his or her

own property, or for no consideration, to be licensed as a

roofing contractor.

(4) Nothing in this Act shall be construed to require a

person who performs roofing or waterproofing work to his or her

employer's property to be licensed as a roofing contractor,

where there exists an employer-employee relationship. Nothing

in this Act shall be construed to apply to the installation of

plastics, glass or fiberglass to greenhouses and related

horticultural structures, or to the repair or construction of

farm buildings.

(5) Nothing in this Act limits the power of a municipality,

city, or county, or incorporated area to collect occupational

license and inspection fees for engaging in roofing

contracting.

(6) Nothing in this Act limits the power of the

municipalities, cities, or counties, or incorporated areas to

adopt any system of permits requiring submission to and

approval by the municipality, city, or county, or incorporated

area of plans and specifications for work to be performed by

roofing contractors before commencement of the work.

(7) Any official authorized to issue building or other

related permits shall ascertain that the applicant contractor

is duly licensed before issuing the permit. The evidence shall

consist only of the exhibition to him or her of current

evidence of licensure.

(8) This Act applies to any roofing contractor performing

work for the State or any municipality, city, county, or

incorporated area municipality. Officers of the State or any

municipality, city, county or incorporated area municipality

are required to determine compliance with this Act before

awarding any contracts for construction, improvement,

remodeling, or repair.

(9) If an incomplete contract exists at the time of death

of a licensee contractor, the contract may be completed by any

person even though not licensed. Such person shall notify the

Department within 30 days after the death of the contractor of

his or her name and address. For the purposes of this

subsection, an incomplete contract is one which has been

awarded to, or entered into by, the licensee contractor before

his or her death or on which he or she was the low bidder and

the contract is subsequently awarded to him or her regardless

of whether any actual work has commenced under the contract

before his or her death.

(10) The State or any municipality, city, county, or

incorporated area municipality may require that bids submitted

for roofing construction, improvement, remodeling, or repair

of public buildings be accompanied by evidence that that bidder

holds an appropriate license issued pursuant to this Act.

(11) (Blank).

(12) Nothing in this Act shall prevent a municipality,

city, county, or incorporated area from making laws or

ordinances that are more stringent than those contained in this

Act.

(Source: P.A. 97-965, eff. 8-15-12.)

(225 ILCS 335/11.5)

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

Sec. 11.5. Board. The Roofing Advisory Board is created and

shall consist of 8 persons, one of whom is a knowledgeable

public member and 7 of whom are (i) designated as the

qualifying party of a licensed roofing contractor or (ii)

legally qualified to act for the business organization on

behalf of the licensee in all matters connected with its

roofing contracting business, have the authority to supervise

roofing installation operations, and actively engaged in

day-to-day activities of the business organization for a

licensed roofing contractor have been issued licenses as

roofing contractors by the Department. One of the 7 nonpublic

members licensed roofing contractors on the Board shall

represent a statewide association representing home builders

and another of the 7 nonpublic members licensed roofing

contractors shall represent an association predominately

representing retailers. The public member shall not be licensed

under this Act or any other Act the Department administers.

Each member shall be appointed by the Secretary Director. Five

members of the Board shall constitute a quorum. A quorum is

required for all Board decisions. Members shall be appointed

who reasonably represent the different geographic areas of the

State. A quorum of the Board shall consist of the majority of

Board members appointed.

Members of the Roofing Advisory Board shall be immune from

suit in any action based upon any disciplinary proceedings or

other acts performed in good faith as members of the Roofing

Advisory Board, unless the conduct that gave rise to the suit

was willful and wanton misconduct.

The persons appointed shall hold office for 4 years and

until a successor is appointed and qualified. The initial terms

shall begin July 1, 1997. Of the members of the Board first

appointed, 2 shall be appointed to serve for 2 years, 2 shall

be appointed to serve for 3 years, and 3 shall be appointed to

serve for 4 years. No member shall serve more than 2 complete 4

year terms.

The Secretary shall have the authority to remove or suspend

any member of the Board for cause at any time before the

expiration of his or her term. The Secretary shall be the sole

arbiter of cause.

The Secretary Within 90 days of a vacancy occurring, the

Director shall fill a the vacancy for the unexpired portion of

the term with an appointee who meets the same qualifications as

the person whose position has become vacant. The Board shall

meet annually to elect one member as chairman and one member as

vice-chairman. No officer shall be elected more than twice in

succession to the same office. The members of the Board shall

receive reimbursement for actual, necessary, and authorized

expenses incurred in attending the meetings of the Board.

(Source: P.A. 94-254, eff. 7-19-05.)

(225 ILCS 335/11.6 new)

Sec. 11.6. Confidentiality. All information collected by

the Department in the course of an examination or investigation

of a licensee or applicant, including, but not limited to, any

complaint against a licensee filed with the Department and

information collected to investigate any such complaint, shall

be maintained for the confidential use of the Department and

shall not be disclosed. The Department may not disclose the

information to anyone other than law enforcement officials,

other regulatory agencies that have an appropriate regulatory

interest as determined by the Secretary, or a party presenting

a lawful subpoena to the Department. Information and documents

disclosed to a federal, State, county, or local law enforcement

agency shall not be disclosed by the agency for any purpose to

any other agency or person. A formal complaint filed against a

licensee by the Department or any order issued by the

Department against a licensee or applicant shall be a public

record, except as otherwise prohibited by law.

(225 ILCS 335/11.7 new)

Sec. 11.7. Order or certified copy; prima facie proof. An

order or a certified copy thereof, over the seal of the

Department and purporting to be signed by the Secretary, shall

be prima facie proof that:

(1) the signature is the genuine signature of the

Secretary; and

(2) the Secretary is duly appointed and qualified.

(225 ILCS 335/11.8 new)

Sec. 11.8. Surrender of license. Upon the revocation or

suspension of any license, the licensee shall immediately

surrender the license or licenses to the Department. If the

licensee fails to do so, the Department shall have the right to

seize the license.

(225 ILCS 335/11.9 new)

Sec. 11.9. Suspension of license for failure to pay

restitution. The Department, without further process or

hearing, shall suspend the license or other authorization to

practice of any person issued under this Act who has been

certified by court order as not having paid restitution to a

person under Section 8A-3.5 of the Illinois Public Aid Code or

under Section 17-10.5 or 46-1 of the Criminal Code of 1961 or

the Criminal Code of 2012. A person whose license or other

authorization to practice is suspended under this Section is

prohibited from practicing until the restitution is made in

full.

(225 ILCS 335/11.10 new)

Sec. 11.10. Citations.

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

of citations for non-frivolous complaints. The citation shall

list the person's name and address, a brief factual statement,

the Sections of the Act or rules allegedly violated, the

penalty imposed, and, if applicable, the licensee's license

number. The citation must clearly state that the person may

choose, in lieu of accepting the citation, to request a

hearing. If the person does not dispute the matter in the

citation with the Department within 30 days after the citation

is served, then the citation shall become a final order and

shall constitute discipline. The penalty shall be a fine or

other conditions as established by rule.

(b) The Department shall adopt rules designating

violations for which a citation may be issued. Such rules shall

designate as citation violations those violations for which

there is no substantial threat to the public health, safety,

and welfare. Citations shall not be utilized if there was any

significant consumer harm resulting from the violation.

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

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

(d) Service of a citation may be made by personal service

or certified mail to the person at the person's last known

address of record or, if applicable, the licensee's address of

record.

(225 ILCS 335/8 rep.)

(225 ILCS 335/9.12 rep.)

(225 ILCS 335/10b rep.)

Section 20. The Illinois Roofing Industry Licensing Act is

amended by repealing Sections 8, 9.12, and 10b.

Section 99. Effective date. This Act takes effect upon

becoming law.