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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Regulatory Sunset Act is amended by changing | ||||||
5 | Sections 4.26 and 4.36 as follows:
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6 | (5 ILCS 80/4.26)
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7 | Sec. 4.26. Acts repealed on January 1, 2016. The following | ||||||
8 | Acts are repealed on January 1, 2016: | ||||||
9 | The Illinois Athletic Trainers Practice Act.
| ||||||
10 | The Illinois Roofing Industry Licensing Act.
| ||||||
11 | The Illinois Dental Practice Act.
| ||||||
12 | The Collection Agency Act.
| ||||||
13 | The Barber, Cosmetology, Esthetics, Hair Braiding, and | ||||||
14 | Nail Technology Act of 1985.
| ||||||
15 | The Respiratory Care Practice Act.
| ||||||
16 | The Hearing Instrument Consumer Protection Act.
| ||||||
17 | The Illinois Physical Therapy Act.
| ||||||
18 | The Professional Geologist Licensing Act. | ||||||
19 | (Source: P.A. 95-331, eff. 8-21-07; 95-876, eff. 8-21-08; | ||||||
20 | 96-1246, eff. 1-1-11.)
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21 | (5 ILCS 80/4.36 new) | ||||||
22 | Sec. 4.36. Act repealed on January 1, 2026. The following |
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1 | Act is repealed on January 1, 2026: | ||||||
2 | The Barber, Cosmetology, Esthetics, Hair Braiding, and | ||||||
3 | Nail Technology Act of 1985.
| ||||||
4 | Section 10. The Barber, Cosmetology, Esthetics, Hair | ||||||
5 | Braiding, and Nail
Technology Act of 1985 is amended by | ||||||
6 | changing Sections 1-4, 1-6, 1-7, 1-10, 1-11, 2-2, 2-3, 2-4, | ||||||
7 | 2-7, 2-9, 3-2, 3-3, 3-4, 3-6, 3-7, 3A-6, 3B-2, 3B-10, 3B-11, | ||||||
8 | 3B-12, 3B-13, 3C-8, 3D-5, 3E-5, 4-2, 4-5, 4-7, 4-9, 4-10, 4-13, | ||||||
9 | 4-14, 4-15, 4-16, and 4-17 and by adding Sections 1-6.5, 1-12, | ||||||
10 | 2-10, 2-11, 3-9, 3-10, 3A-8, 3B-17, 3B-18, 3C-10, 3E-7, 4-18.5, | ||||||
11 | and 4-25 as follows:
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12 | (225 ILCS 410/1-4)
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13 | (Section scheduled to be repealed on January 1, 2016)
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14 | Sec. 1-4. Definitions. In this Act the following words | ||||||
15 | shall have the
following meanings: | ||||||
16 | "Address of record" means the designated address recorded | ||||||
17 | by the Department in the applicant's application file or the | ||||||
18 | licensee's license file, as maintained by the Department's | ||||||
19 | licensure maintenance unit.
| ||||||
20 | "Board" means the Barber, Cosmetology, Esthetics, Hair | ||||||
21 | Braiding, and Nail Technology Board.
| ||||||
22 | "Department" means the Department of Financial and | ||||||
23 | Professional Regulation.
| ||||||
24 | "Licensed barber" means an individual licensed by the |
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1 | Department
to practice barbering as defined in this Act and | ||||||
2 | whose
license is in good standing.
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3 | "Licensed cosmetologist" means an individual licensed by | ||||||
4 | the
Department to practice cosmetology, nail technology, hair | ||||||
5 | braiding, and esthetics as
defined in this Act and whose | ||||||
6 | license is in good standing.
| ||||||
7 | "Licensed esthetician" means an individual
licensed by the
| ||||||
8 | Department to practice esthetics as defined in this Act and | ||||||
9 | whose
license is in good standing.
| ||||||
10 | "Licensed nail technician" means an any individual
| ||||||
11 | licensed by
the Department to practice nail technology as | ||||||
12 | defined in this Act and whose
license is in good standing.
| ||||||
13 | "Licensed barber teacher" means an individual
licensed
by | ||||||
14 | the Department to practice barbering as defined in this Act
and | ||||||
15 | to provide instruction in the theory and practice of barbering | ||||||
16 | to students in an approved barber school.
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17 | "Licensed cosmetology teacher" means an individual
| ||||||
18 | licensed by the Department to practice cosmetology,
esthetics, | ||||||
19 | hair braiding, and nail technology as defined in this Act
and | ||||||
20 | to provide instruction in the theory and
practice of | ||||||
21 | cosmetology, esthetics, hair braiding, and nail technology to
| ||||||
22 | students in an approved cosmetology, esthetics, hair braiding, | ||||||
23 | or nail technology school.
| ||||||
24 | "Licensed cosmetology clinic teacher" means an individual | ||||||
25 | licensed by the
Department to practice cosmetology, esthetics, | ||||||
26 | hair braiding, and nail technology as defined
in this Act and |
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| |||||||
1 | to provide clinical instruction in the practice of cosmetology,
| ||||||
2 | esthetics, hair braiding, and nail technology in an approved | ||||||
3 | school of cosmetology, esthetics, hair braiding,
or nail | ||||||
4 | technology.
| ||||||
5 | "Licensed esthetics teacher" means an individual
licensed | ||||||
6 | by
the Department to practice esthetics as defined in this Act | ||||||
7 | and to provide
instruction in the theory and practice of | ||||||
8 | esthetics
to students in an approved cosmetology or esthetics | ||||||
9 | school.
| ||||||
10 | "Licensed hair braider" means an any individual licensed by | ||||||
11 | the Department to practice hair braiding as defined in this Act | ||||||
12 | Section 3E-1 and whose license is in good standing. | ||||||
13 | "Licensed hair braiding teacher" means an individual | ||||||
14 | licensed by the Department to practice hair braiding and to | ||||||
15 | provide instruction in the theory and practice of hair braiding | ||||||
16 | to students in an approved cosmetology or hair braiding school. | ||||||
17 | "Licensed nail technology teacher" means an individual
| ||||||
18 | licensed by the Department to practice nail technology and
to | ||||||
19 | provide instruction in the theory and
practice of nail | ||||||
20 | technology to students in an approved nail technology school
or | ||||||
21 | cosmetology school.
| ||||||
22 | "Enrollment" is the date upon which the student signs an
| ||||||
23 | enrollment agreement or student contract.
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24 | "Enrollment agreement" or "student contract" is any | ||||||
25 | agreement,
instrument, or contract however named, which | ||||||
26 | creates or evidences an
obligation binding a student to |
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| |||||||
1 | purchase a course of instruction from a school.
| ||||||
2 | "Enrollment time" means the maximum number of hours a | ||||||
3 | student
could have attended class, whether or not the student | ||||||
4 | did in fact attend
all those hours.
| ||||||
5 | "Elapsed enrollment time" means the enrollment time | ||||||
6 | elapsed between
the actual starting date and the date of the | ||||||
7 | student's last day of physical
attendance in the school.
| ||||||
8 | "Mobile shop or salon" means a self-contained facility that | ||||||
9 | may be moved, towed, or transported from one location to | ||||||
10 | another and in which barbering, cosmetology, esthetics, hair | ||||||
11 | braiding, or nail technology is practiced. | ||||||
12 | "Secretary" means the Secretary of the Department of | ||||||
13 | Financial and Professional Regulation. | ||||||
14 | "Threading" means any technique that results in the removal | ||||||
15 | of superfluous hair from the body by twisting thread around | ||||||
16 | unwanted hair and then pulling it from the skin; and may also | ||||||
17 | include the incidental trimming of eyebrow hair. | ||||||
18 | (Source: P.A. 97-333, eff. 8-12-11; 97-777, eff. 7-13-12; | ||||||
19 | 98-238, eff. 1-1-14; 98-911, eff. 1-1-15 .)
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20 | (225 ILCS 410/1-6) (from Ch. 111, par. 1701-6)
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21 | (Section scheduled to be repealed on January 1, 2016)
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22 | Sec. 1-6. Administrative Procedure Act. The Illinois | ||||||
23 | Administrative
Procedure Act is hereby expressly adopted and | ||||||
24 | incorporated herein as if all of
the provisions of that Act | ||||||
25 | were included in this Act, except that the provision
of |
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1 | subsection (d) of Section 10-65 of the Illinois Administrative | ||||||
2 | Procedure Act
that provides that at hearings the licensee has | ||||||
3 | the right to show compliance
with all lawful requirements for | ||||||
4 | retention, continuation or renewal of the
license is | ||||||
5 | specifically excluded. For the purpose of this Act the notice
| ||||||
6 | required under Section 10-25 of the Administrative Procedure | ||||||
7 | Act is deemed
sufficient when mailed to the address of record, | ||||||
8 | or, if not an applicant or licensee, to the last known address | ||||||
9 | of a party.
| ||||||
10 | (Source: P.A. 88-45 .)
| ||||||
11 | (225 ILCS 410/1-6.5 new) | ||||||
12 | Sec. 1-6.5. Address of record. It is the duty of the | ||||||
13 | applicant or licensee to inform the Department of any change of | ||||||
14 | address within 14 days after such change either through the | ||||||
15 | Department's website or by contacting the Department's | ||||||
16 | licensure maintenance unit.
| ||||||
17 | (225 ILCS 410/1-7) (from Ch. 111, par. 1701-7)
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18 | (Section scheduled to be repealed on January 1, 2016)
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19 | Sec. 1-7. Licensure required; renewal ; restoration .
| ||||||
20 | (a) It is unlawful for any person to practice, or to hold | ||||||
21 | himself or
herself out to be a cosmetologist, esthetician, nail | ||||||
22 | technician, hair braider, or
barber without a license as a | ||||||
23 | cosmetologist,
esthetician, nail technician, hair braider or | ||||||
24 | barber issued by the Department of Financial and
Professional |
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| |||||||
1 | Regulation pursuant to the provisions of this Act and of the
| ||||||
2 | Civil Administrative Code of Illinois. It is also unlawful for | ||||||
3 | any person,
firm, partnership, limited liability company, or | ||||||
4 | corporation to own, operate, or conduct a
cosmetology, | ||||||
5 | esthetics, nail technology, hair braiding salon , or barber | ||||||
6 | school
without a license
issued by the Department or to own or | ||||||
7 | operate a cosmetology, esthetics, nail
technology, or hair | ||||||
8 | braiding salon , or barber shop , or other business subject to | ||||||
9 | the registration requirements of this Act without a certificate | ||||||
10 | of registration issued
by the Department. It is further | ||||||
11 | unlawful for any person to teach in any
cosmetology, esthetics, | ||||||
12 | nail technology, hair braiding, or barber college or school
| ||||||
13 | approved by the Department or hold himself or herself out as a | ||||||
14 | cosmetology,
esthetics, hair braiding, nail technology, or | ||||||
15 | barber teacher without a license as a teacher,
issued by the | ||||||
16 | Department
or as a cosmetology clinic teacher without a license | ||||||
17 | as a cosmetology clinic teacher issued
by the
Department.
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18 | (b) Notwithstanding any other provision of this Act, a | ||||||
19 | person licensed as a
cosmetologist may hold himself or herself | ||||||
20 | out as
an esthetician and may engage in the practice of | ||||||
21 | esthetics, as defined in this
Act, without being licensed as an | ||||||
22 | esthetician. A person
licensed as a cosmetology teacher may
| ||||||
23 | teach esthetics or hold himself or herself out as an esthetics | ||||||
24 | teacher without
being licensed as an esthetics teacher. A | ||||||
25 | person
licensed as a cosmetologist may hold himself or herself | ||||||
26 | out
as a nail technician and may engage in the practice of nail |
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| |||||||
1 | technology, as
defined in this Act, without being licensed as a | ||||||
2 | nail
technician. A person licensed as a cosmetology teacher may
| ||||||
3 | teach nail technology and hold himself or herself out as a nail | ||||||
4 | technology
teacher without being licensed as a nail
technology | ||||||
5 | teacher. A person licensed as a cosmetologist may hold himself | ||||||
6 | or herself out as a hair braider and may engage in the practice | ||||||
7 | of hair braiding, as defined in this Act, without being | ||||||
8 | licensed as a hair braider. A person licensed as a cosmetology | ||||||
9 | teacher may teach hair braiding and hold himself or herself out | ||||||
10 | as a hair braiding teacher without being licensed as a hair | ||||||
11 | braiding teacher.
| ||||||
12 | (c) A person licensed as a barber teacher may hold himself | ||||||
13 | or herself out
as a barber and may practice barbering without a | ||||||
14 | license as a barber. A person
licensed as a cosmetology teacher | ||||||
15 | may hold himself or herself out as a
cosmetologist, | ||||||
16 | esthetician, hair braider, and nail technologist and may | ||||||
17 | practice cosmetology,
esthetics, hair braiding, and nail | ||||||
18 | technology without a license as a cosmetologist,
esthetician, | ||||||
19 | hair braider, or nail technologist. A person licensed as an | ||||||
20 | esthetics teacher
may hold himself or herself out as an | ||||||
21 | esthetician without being licensed as an
esthetician and may | ||||||
22 | practice esthetics. A person licensed as a nail technician
| ||||||
23 | teacher may practice nail technology and may hold himself or | ||||||
24 | herself out as a
nail technologist without being licensed as a | ||||||
25 | nail technologist. A person licensed as a hair braiding teacher | ||||||
26 | may practice hair braiding and may hold himself or herself out |
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1 | as a hair braider without being licensed as a hair braider.
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2 | (d) The holder of a license issued under this Act may renew | ||||||
3 | that license during the month preceding the expiration date of | ||||||
4 | the license by paying the required fee.
| ||||||
5 | (e) The expiration date, renewal period, and conditions for | ||||||
6 | renewal and restoration of each license shall be established by | ||||||
7 | rule. | ||||||
8 | (f) A license issued under the provisions of this Act as a | ||||||
9 | barber, barber teacher, cosmetologist, cosmetology teacher, | ||||||
10 | cosmetology clinic teacher, esthetician, esthetics teacher, | ||||||
11 | nail technician, nail technician teacher, hair braider, or hair | ||||||
12 | braiding teacher that has expired while the holder of the | ||||||
13 | license was engaged (1) in federal service on active duty with | ||||||
14 | the Army, Navy, Marine Corps, Air Force, or Coast Guard of the | ||||||
15 | United States of America, or any Women's Auxiliary thereof, or | ||||||
16 | the State Militia called into the service or training of the | ||||||
17 | United States of America or (2) in training or education under | ||||||
18 | the supervision of the United States preliminary to induction | ||||||
19 | into the military service, may be reinstated or restored | ||||||
20 | without payment of any lapsed renewal fees, reinstatement fee, | ||||||
21 | or restoration fee if within 2 years after the termination of | ||||||
22 | such service, training, or education other than by dishonorable | ||||||
23 | discharge, the holder furnishes the Department with an | ||||||
24 | affidavit to the effect that he or she has been so engaged and | ||||||
25 | that his or her service, training, or education has been so | ||||||
26 | terminated. |
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| |||||||
1 | (Source: P.A. 98-911, eff. 1-1-15 .)
| ||||||
2 | (225 ILCS 410/1-10) (from Ch. 111, par. 1701-10)
| ||||||
3 | (Section scheduled to be repealed on January 1, 2016)
| ||||||
4 | Sec. 1-10. Display. Every holder of a
license shall display | ||||||
5 | it in a place in the
holder's principal office, place of | ||||||
6 | business or place of employment.
Whenever a licensed | ||||||
7 | cosmetologist, esthetician, nail
technician, hair braider, or | ||||||
8 | barber practices cosmetology, esthetics, nail technology, hair | ||||||
9 | braiding, or
barbering outside of or away from the | ||||||
10 | cosmetologist's, esthetician's, nail
technician's, hair | ||||||
11 | braider's, or barber's principal office, place of business, or | ||||||
12 | place of
employment, the cosmetologist, esthetician, nail | ||||||
13 | technician, hair braider, or barber shall
provide any person so | ||||||
14 | requesting proof that he or she has a valid license issued | ||||||
15 | deliver to each person served a certificate of identification | ||||||
16 | in a form
specified by the Department.
| ||||||
17 | Every registered shop shall display its certificate of | ||||||
18 | registration at the
location of the shop. Each shop where | ||||||
19 | barber, cosmetology, esthetics, hair braiding, or nail
| ||||||
20 | technology services are provided shall have a certificate of | ||||||
21 | registration.
| ||||||
22 | (Source: P.A. 96-1246, eff. 1-1-11.)
| ||||||
23 | (225 ILCS 410/1-11) (from Ch. 111, par. 1701-11)
| ||||||
24 | (Section scheduled to be repealed on January 1, 2016)
|
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1 | Sec. 1-11. Exceptions to Act.
| ||||||
2 | (a) Nothing in this Act shall be construed to apply to the | ||||||
3 | educational
activities conducted in connection with any | ||||||
4 | monthly, annual or other
special educational program of any | ||||||
5 | bona fide association of licensed
cosmetologists, | ||||||
6 | estheticians, nail technicians, hair braiders, or barbers, or
| ||||||
7 | licensed cosmetology, esthetics, nail technology, hair | ||||||
8 | braiding, or barber
schools from which the general public is | ||||||
9 | excluded.
| ||||||
10 | (b) Nothing in this Act shall be construed to apply to the | ||||||
11 | activities
and services of registered nurses or licensed | ||||||
12 | practical nurses, as defined in
the Nurse Practice Act, or to | ||||||
13 | personal care or health
care services
provided by individuals | ||||||
14 | in the performance of their duties as employed or
authorized by | ||||||
15 | facilities or programs licensed or certified by State agencies.
| ||||||
16 | As used in this subsection (b), "personal care" means | ||||||
17 | assistance with meals,
dressing, movement, bathing, or other | ||||||
18 | personal needs or maintenance or general
supervision and | ||||||
19 | oversight of the physical and mental well-being of an
| ||||||
20 | individual who is incapable of maintaining a private,
| ||||||
21 | independent residence or who is incapable of managing his or | ||||||
22 | her person whether
or not a guardian has been appointed for | ||||||
23 | that individual.
The definition of "personal care" as used in | ||||||
24 | this subsection (b) shall not
otherwise be construed to negate | ||||||
25 | the requirements of this Act or its rules.
| ||||||
26 | (c) Nothing in this Act shall be deemed to require |
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| |||||||
1 | licensure of
individuals employed by the motion picture, film, | ||||||
2 | television, stage play or
related industry for the purpose of | ||||||
3 | providing cosmetology or esthetics
services to actors of that | ||||||
4 | industry while engaged in the practice of
cosmetology or | ||||||
5 | esthetics as a part of that person's employment. | ||||||
6 | (d) Nothing in this Act shall be deemed to require | ||||||
7 | licensure of an inmate of the Department of Corrections who | ||||||
8 | performs barbering or cosmetology with the approval of the | ||||||
9 | Department of Corrections during the person's incarceration.
| ||||||
10 | (Source: P.A. 95-639, eff. 10-5-07; 96-1246, eff. 1-1-11.)
| ||||||
11 | (225 ILCS 410/1-12 new) | ||||||
12 | Sec. 1-12. Licensure by endorsement. The Department may, | ||||||
13 | without examination, grant a license under this Act to an | ||||||
14 | applicant who is licensed or registered for or authorized to | ||||||
15 | practice the same profession under the laws of another state or | ||||||
16 | jurisdiction of the United States or of a foreign country upon | ||||||
17 | filing of an application on forms provided by the Department, | ||||||
18 | paying the required fee, and meeting such requirements as are | ||||||
19 | established by rule. The Department may prescribe rules | ||||||
20 | governing recognition of education and legal practice in | ||||||
21 | another jurisdiction, requiring additional education, and | ||||||
22 | determining when an examination may be required.
| ||||||
23 | (225 ILCS 410/2-2) (from Ch. 111, par. 1702-2)
| ||||||
24 | (Section scheduled to be repealed on January 1, 2016)
|
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| |||||||
1 | Sec. 2-2. Licensure as a barber;
qualifications. A person | ||||||
2 | is qualified to
receive a license as a
barber if that person | ||||||
3 | has applied in writing on forms prescribed by the
Department, | ||||||
4 | has paid the required fees, and:
| ||||||
5 | a. Is at least 16 years of age; and
| ||||||
6 | b. Has a certificate of graduation from a school | ||||||
7 | providing
secondary education, or the recognized | ||||||
8 | equivalent of such a certificate,
or persons who are beyond | ||||||
9 | the age of compulsory school attendance; and
| ||||||
10 | c. Has graduated from a school
of barbering or school | ||||||
11 | of cosmetology approved by the Department,
having | ||||||
12 | completed a total of 1500 hours in the study of barbering
| ||||||
13 | extending over a period of not less than 9 months nor more | ||||||
14 | than 3 years.
A school of barbering may, at its discretion, | ||||||
15 | consistent with the
rules of the Department, accept up to | ||||||
16 | 1,000 500 hours of cosmetology school
training at a | ||||||
17 | recognized cosmetology school toward the 1500 hour course
| ||||||
18 | requirement of barbering. Time spent in such study under | ||||||
19 | the laws of
another state or territory of the United States | ||||||
20 | or of a foreign country or
province shall be credited | ||||||
21 | toward the period of study required by the
provisions of | ||||||
22 | this paragraph; and
| ||||||
23 | d. Has passed an examination caused to be conducted by
| ||||||
24 | the
Department or its designated testing service to | ||||||
25 | determine fitness to
receive a license as
a barber; and
| ||||||
26 | e. Has met all other requirements of this Act.
|
| |||||||
| |||||||
1 | (Source: P.A. 97-777, eff. 7-13-12.)
| ||||||
2 | (225 ILCS 410/2-3) (from Ch. 111, par. 1702-3)
| ||||||
3 | (Section scheduled to be repealed on January 1, 2016)
| ||||||
4 | Sec. 2-3. Licensure as a barber by a
cosmetology school | ||||||
5 | graduate. A person is qualified to receive a license as a
| ||||||
6 | barber if that person has applied in
writing on forms provided | ||||||
7 | by the Department, paid the required fees, and:
| ||||||
8 | a. Is at least 16 years of age; and
| ||||||
9 | b. Has a certificate of graduation from a school providing
| ||||||
10 | secondary education, or the recognized equivalent of such a | ||||||
11 | certificate,
or persons who are beyond the age of compulsory | ||||||
12 | school attendance; and
| ||||||
13 | c. Has graduated from a cosmetology school approved by the
| ||||||
14 | Department having completed a minimum
of 1500 hours in the | ||||||
15 | study of cosmetology; and
| ||||||
16 | d. Has graduated from a school of barbering or cosmetology | ||||||
17 | approved by
the Department having completed a minimum
of 100 | ||||||
18 | 1000 additional hours in the study of barbering extending over
| ||||||
19 | a period of no less than 6 months nor more than 2 years. Time | ||||||
20 | spent
in such study under the laws of another state or | ||||||
21 | territory of the United
States or of a foreign country or | ||||||
22 | province shall be credited toward the
period of study required | ||||||
23 | by the provisions of this paragraph; and
| ||||||
24 | e. Has passed an examination caused to be conducted by
the | ||||||
25 | Department, or its designated
testing service, to
determine |
| |||||||
| |||||||
1 | fitness to receive a license as a barber; and
| ||||||
2 | f. Has met any other requirements set forth in this Act.
| ||||||
3 | (Source: P.A. 89-387, eff. 1-1-96; 89-706, eff. 1-31-97 .)
| ||||||
4 | (225 ILCS 410/2-4) (from Ch. 111, par. 1702-4)
| ||||||
5 | (Section scheduled to be repealed on January 1, 2016)
| ||||||
6 | Sec. 2-4. Licensure as a barber
teacher; qualifications. A | ||||||
7 | person is qualified to receive a license as a barber teacher if | ||||||
8 | that person files an
application on forms provided by the | ||||||
9 | Department, pays the required fee, and: | ||||||
10 | a. Is at least 18 years of age;
| ||||||
11 | b. Has graduated from high school or its equivalent;
| ||||||
12 | c. Has a current license as a barber or cosmetologist;
| ||||||
13 | d. Has graduated from a barber school or school of | ||||||
14 | cosmetology approved by the Department
having:
| ||||||
15 | (1) completed a total of 500 hours in barber | ||||||
16 | teacher training extending
over a period of not less | ||||||
17 | than 3 months nor more than 2 years and has had 3
years | ||||||
18 | of practical experience as a licensed barber;
| ||||||
19 | (2) completed a total of 1,000 hours of barber | ||||||
20 | teacher training extending
over a period of not less | ||||||
21 | than 6 months nor more than 2 years; or
| ||||||
22 | (3) completed the cosmetology teacher training as | ||||||
23 | specified in paragraph (4) of subsection (a) of Section | ||||||
24 | 3-4 of this Act and completed a supplemental barbering | ||||||
25 | course as established by rule; and |
| |||||||
| |||||||
1 | e. Has passed an examination authorized by the | ||||||
2 | Department
to determine fitness to receive a license
as a | ||||||
3 | barber teacher or a cosmetology teacher; and
| ||||||
4 | f. Has met any other requirements set forth in this | ||||||
5 | Act.
| ||||||
6 | An applicant who is issued a license as a barber teacher | ||||||
7 | Barber Teacher is not required
to maintain a barber license in | ||||||
8 | order to practice barbering as defined in this
Act.
| ||||||
9 | (Source: P.A. 97-777, eff. 7-13-12; 98-911, eff. 1-1-15; | ||||||
10 | revised 11-25-14.)
| ||||||
11 | (225 ILCS 410/2-7) (from Ch. 111, par. 1702-7)
| ||||||
12 | (Section scheduled to be repealed on January 1, 2016)
| ||||||
13 | Sec. 2-7. Examination of applicants. The Department shall | ||||||
14 | hold examinations
of applicants for licensure as barbers and | ||||||
15 | teachers of barbering at such times
and places as it
may | ||||||
16 | determine. Upon request, the examinations shall be | ||||||
17 | administered in
Spanish.
| ||||||
18 | Each applicant shall be given a written examination testing | ||||||
19 | both
theoretical and practical knowledge of the following | ||||||
20 | subjects insofar as
they are related and applicable to the | ||||||
21 | practice of barber science and
art: (1) anatomy, (2) | ||||||
22 | physiology, (3) skin diseases, (4) hygiene and
sanitation, (5) | ||||||
23 | barber history, (6) this Act and the rules for the | ||||||
24 | administration of this Act barber law , (7) hair cutting and
| ||||||
25 | styling, (8) shaving, shampooing, and permanent waving, (9) |
| |||||||
| |||||||
1 | massaging, (10)
bleaching, tinting, and coloring, and
(11) | ||||||
2 | implements.
| ||||||
3 | The examination of applicants for licensure
as a barber
| ||||||
4 | teacher shall include: (a) practice of barbering and styling, | ||||||
5 | (b)
theory of barbering, (c) methods of teaching, and (d) | ||||||
6 | school management.
| ||||||
7 | If an applicant for licensure as a barber fails to pass 3 | ||||||
8 | examinations conducted by the Department, the applicant shall, | ||||||
9 | before taking a subsequent examination, furnish evidence of not | ||||||
10 | less than 250 hours of additional study of barbering in an | ||||||
11 | approved school of barbering or cosmetology since the applicant | ||||||
12 | last took the examination. If an applicant for licensure as a | ||||||
13 | barber teacher fails to pass 3 examinations conducted by the | ||||||
14 | Department, the applicant shall, before taking a subsequent | ||||||
15 | examination, furnish evidence of not less than 80 hours of | ||||||
16 | additional study in teaching methodology and educational | ||||||
17 | psychology in an approved school of barbering or cosmetology | ||||||
18 | since the applicant last took the examination. An applicant who | ||||||
19 | fails to pass the fourth examination shall not again be | ||||||
20 | admitted to an examination unless: (i) in the case of an | ||||||
21 | applicant for licensure as a barber, the applicant again takes | ||||||
22 | and completes a program of 1,500 hours in the study of | ||||||
23 | barbering in an approved school of barbering or cosmetology | ||||||
24 | extending over a period that commences after the applicant | ||||||
25 | fails to pass the fourth examination and that is not less than | ||||||
26 | 8 months nor more than 7 consecutive years in duration; or (ii) |
| |||||||
| |||||||
1 | in the case of an applicant for licensure as a barber teacher, | ||||||
2 | the applicant again takes and completes a program of 1,000 | ||||||
3 | hours of teacher training in an approved school of barbering or | ||||||
4 | cosmetology, except that if the applicant had 2 years of | ||||||
5 | practical experience as a licensed barber within the 5 years | ||||||
6 | preceding the initial examination taken by the applicant, the | ||||||
7 | applicant must again take and complete a program of 500 hours | ||||||
8 | of teacher training in an approved school of barbering or | ||||||
9 | cosmetology. The requirements for remedial training set forth | ||||||
10 | in this Section may be waived in whole or in part by the | ||||||
11 | Department upon proof to the Department that the applicant has | ||||||
12 | demonstrated competence to again sit for the examination. The | ||||||
13 | Department shall adopt rules establishing standards by which | ||||||
14 | this determination shall be made. | ||||||
15 | This Act does not prohibit the practice as a barber or | ||||||
16 | barber teacher by
one who has applied in writing to the | ||||||
17 | Department, in form and substance
satisfactory to the | ||||||
18 | Department, for a license and has complied with all the
| ||||||
19 | provisions of this Act in order to
qualify for a license except | ||||||
20 | the passing
of an examination, until: (a)
the expiration of 6 | ||||||
21 | months after the filing of such written application, or (b)
the | ||||||
22 | decision of the Department that the applicant has failed to | ||||||
23 | pass an
examination within 6 months or failed without an | ||||||
24 | approved excuse to take an
examination conducted within 6 | ||||||
25 | months by the Department, or (c) the withdrawal
of the | ||||||
26 | application.
|
| |||||||
| |||||||
1 | (Source: P.A. 94-451, eff. 12-31-05.)
| ||||||
2 | (225 ILCS 410/2-9) | ||||||
3 | (Section scheduled to be repealed on January 1, 2016) | ||||||
4 | Sec. 2-9. Certification Degree in barbering at a | ||||||
5 | cosmetology school. A school of cosmetology may offer a | ||||||
6 | certificate degree in barbering, as defined by this Act, | ||||||
7 | provided that the school of cosmetology complies with | ||||||
8 | subsections (c), (d), and (e) of Section 2-2 of this Act; | ||||||
9 | utilizes barber teachers properly licensed under Section 2-4 of | ||||||
10 | this Act; and complies with Sections 2A-7 and 3B-10 of this | ||||||
11 | Act.
| ||||||
12 | (Source: P.A. 97-777, eff. 7-13-12; 98-911, eff. 1-1-15 .)
| ||||||
13 | (225 ILCS 410/2-10 new) | ||||||
14 | Sec. 2-10. Licensed cosmetologist seeking license as a | ||||||
15 | barber. A licensed cosmetologist who submits to the Department | ||||||
16 | an application for licensure as a barber must meet all | ||||||
17 | requirements of this Act for licensure as a barber, except that | ||||||
18 | such applicant shall be given credit for hours of instruction | ||||||
19 | completed for his or her cosmetologist license in subjects that | ||||||
20 | are common to both barbering and cosmetology and shall complete | ||||||
21 | an additional 100 hours of instruction in subjects not within | ||||||
22 | the scope of practice of a cosmetologist. The Department shall | ||||||
23 | provide for the implementation of this provision by rule.
|
| |||||||
| |||||||
1 | (225 ILCS 410/2-11 new) | ||||||
2 | Sec. 2-11. Inactive status. Any barber or barber teacher | ||||||
3 | who notifies the Department in writing on forms prescribed by | ||||||
4 | the Department may elect to place his or her license on | ||||||
5 | inactive status and shall, subject to rules of the Department, | ||||||
6 | be excused from payment of renewal fees until he or she | ||||||
7 | notifies the Department in writing of his or her desire to | ||||||
8 | resume active status. Any barber or barber teacher requesting | ||||||
9 | restoration from inactive status shall be required to pay the | ||||||
10 | current renewal fee and to qualify for the restoration of his | ||||||
11 | or her license, subject to rules of the Department. Any barber | ||||||
12 | or barber teacher whose license is in inactive status shall not | ||||||
13 | practice in the State of Illinois.
| ||||||
14 | (225 ILCS 410/3-2) (from Ch. 111, par. 1703-2)
| ||||||
15 | (Section scheduled to be repealed on January 1, 2016)
| ||||||
16 | Sec. 3-2. Licensure; qualifications.
| ||||||
17 | (1) A person is qualified to receive a license
as a | ||||||
18 | cosmetologist who has filed an application on forms
provided by | ||||||
19 | the Department, pays the required fees, and:
| ||||||
20 | a. Is at least l6 years of age; and
| ||||||
21 | b. Is beyond the age of compulsory school attendance or | ||||||
22 | has received a certificate of graduation from a school | ||||||
23 | providing secondary education, or the recognized
| ||||||
24 | equivalent of that certificate; and
| ||||||
25 | c. Has graduated from
a school of cosmetology approved |
| |||||||
| |||||||
1 | by the Department, having completed
a program of 1,500 l500 | ||||||
2 | hours in the study of cosmetology extending
over a period | ||||||
3 | of
not less than 8 months nor more than 7 consecutive | ||||||
4 | years.
A school of cosmetology
may, at its discretion, | ||||||
5 | consistent with the rules of the Department,
accept up to | ||||||
6 | 1,000 500 hours of barber school training at a recognized | ||||||
7 | barber
school toward the 1,500 l500 hour program | ||||||
8 | requirement of cosmetology.
Time spent in
such study under | ||||||
9 | the laws of another state or territory of the United States
| ||||||
10 | or of a foreign country or province shall be credited | ||||||
11 | toward the period of
study required by the provisions of | ||||||
12 | this paragraph; and
| ||||||
13 | d. Has passed an examination authorized by the | ||||||
14 | Department
to determine eligibility to receive a license
as | ||||||
15 | a cosmetologist; and
| ||||||
16 | e. Has met any other requirements of this Act.
| ||||||
17 | (2) (Blank).
| ||||||
18 | (Source: P.A. 93-253, eff. 7-22-03; 94-451, eff. 12-31-05.)
| ||||||
19 | (225 ILCS 410/3-3) (from Ch. 111, par. 1703-3)
| ||||||
20 | (Section scheduled to be repealed on January 1, 2016)
| ||||||
21 | Sec. 3-3. Licensure as a
cosmetologist by a barber school | ||||||
22 | graduate. A person is qualified to receive a
license as a | ||||||
23 | cosmetologist
if that person has filed an application on forms | ||||||
24 | provided by the Department,
has paid the required fees, and:
| ||||||
25 | a. Is at least 16 years of age; and
|
| |||||||
| |||||||
1 | b. Has a certificate of graduation from a school providing | ||||||
2 | secondary
education, or the recognized equivalent of such a | ||||||
3 | certificate, or
is beyond the age of compulsory school | ||||||
4 | attendance; and
| ||||||
5 | c. Has graduated from a school of barbering approved by the
| ||||||
6 | Department having completed 1500 hours in the study of | ||||||
7 | barbering, and a minimum
of 500 1000 additional hours in the | ||||||
8 | study of cosmetology extending over a period of
no less than 6 | ||||||
9 | months nor more than 2 years. Time spent in such study under
| ||||||
10 | the laws of another state or territory of the United States or | ||||||
11 | of a foreign
country or province shall be credited toward the | ||||||
12 | period of study required by
the provisions of this paragraph; | ||||||
13 | and
| ||||||
14 | d. Has passed an examination authorized by the Department
| ||||||
15 | to determine fitness to receive a license
as a cosmetologist; | ||||||
16 | and
| ||||||
17 | e. Has met any other requirements of this Act.
| ||||||
18 | (Source: P.A. 89-387, eff. 1-1-96 .)
| ||||||
19 | (225 ILCS 410/3-4) (from Ch. 111, par. 1703-4)
| ||||||
20 | (Section scheduled to be repealed on January 1, 2016)
| ||||||
21 | Sec. 3-4. Licensure as cosmetology
teacher or cosmetology | ||||||
22 | clinic teacher; qualifications.
| ||||||
23 | (a) A person is qualified to receive license as a | ||||||
24 | cosmetology teacher
if that person has
applied in writing on | ||||||
25 | forms provided by the Department, has paid the required
fees, |
| |||||||
| |||||||
1 | and:
| ||||||
2 | (1) is at least 18 years of age;
| ||||||
3 | (2) has graduated from high school or its equivalent;
| ||||||
4 | (3) has a current license as a cosmetologist;
| ||||||
5 | (4) has either: (i) completed a program of 500 hours of | ||||||
6 | teacher
training in
a licensed school of cosmetology and | ||||||
7 | had 2 years of practical
experience as a licensed | ||||||
8 | cosmetologist within 5 years
preceding the examination; or | ||||||
9 | (ii) completed a program of 1,000 hours of
teacher training | ||||||
10 | in
a
licensed school of cosmetology ; or (iii) completed the | ||||||
11 | barber teacher training as specified in subsection (d) of | ||||||
12 | Section 2-4 of this Act and completed a supplemental | ||||||
13 | cosmetology course as established by rule ;
| ||||||
14 | (5) has passed an examination authorized by the | ||||||
15 | Department to
determine eligibility to receive a license as | ||||||
16 | a cosmetology teacher or barber teacher ; and
| ||||||
17 | (6) has met any other requirements of this Act.
| ||||||
18 | An individual who receives a license as a cosmetology | ||||||
19 | teacher shall not be
required to maintain an active cosmetology | ||||||
20 | license in order to practice
cosmetology as defined in this | ||||||
21 | Act.
| ||||||
22 | (b) A person is qualified to receive a license as a | ||||||
23 | cosmetology clinic
teacher if he or she has applied in writing | ||||||
24 | on forms provided by the
Department, has paid the required | ||||||
25 | fees, and:
| ||||||
26 | (1) is at least 18 years of age;
|
| |||||||
| |||||||
1 | (2) has graduated from high school or its equivalent;
| ||||||
2 | (3) has a current license as a cosmetologist;
| ||||||
3 | (4) has (i) completed a program of 250 hours of clinic | ||||||
4 | teacher training in
a licensed
school of cosmetology or | ||||||
5 | (ii) within 5 years preceding the examination, has obtained | ||||||
6 | a minimum of 2 years of practical experience working at | ||||||
7 | least 30 full-time hours per week as a licensed
| ||||||
8 | cosmetologist and has completed an instructor's institute | ||||||
9 | of 20 hours, as prescribed by the Department, prior to | ||||||
10 | submitting an application for examination;
| ||||||
11 | (5) has passed an examination authorized by the | ||||||
12 | Department to determine
eligibility to receive a license as | ||||||
13 | a cosmetology teacher; and
| ||||||
14 | (6)
has met any other requirements of this Act.
| ||||||
15 | The Department shall not issue any new cosmetology clinic | ||||||
16 | teacher licenses after January 1, 2009. Any person issued a | ||||||
17 | license as a cosmetology clinic teacher before January 1, 2009, | ||||||
18 | may renew the license after that date under this Act and that | ||||||
19 | person may continue to renew the license or have the license | ||||||
20 | restored during his or her lifetime, subject only to the | ||||||
21 | renewal or restoration requirements for the license under this | ||||||
22 | Act; however, such licensee and license shall remain subject to | ||||||
23 | the provisions of this Act, including, but not limited to, | ||||||
24 | provisions concerning renewal, restoration, fees, continuing | ||||||
25 | education, discipline, administration, and enforcement.
| ||||||
26 | (Source: P.A. 94-451, eff. 12-31-05.)
|
| |||||||
| |||||||
1 | (225 ILCS 410/3-6) (from Ch. 111, par. 1703-6)
| ||||||
2 | (Section scheduled to be repealed on January 1, 2016)
| ||||||
3 | Sec. 3-6. Examination. The Department shall authorize
| ||||||
4 | examinations of applicants for licensure
as cosmetologists and | ||||||
5 | teachers of cosmetology
at the times and
places it may | ||||||
6 | determine. The Department may provide by rule for the | ||||||
7 | administration of the examination prior to the completion of | ||||||
8 | the applicant's program of training as required in Section 3-2, | ||||||
9 | 3-3, or 3-4. If an applicant for licensure as a cosmetologist
| ||||||
10 | fails to pass 3
examinations conducted by the
Department, the | ||||||
11 | applicant shall, before taking a subsequent examination,
| ||||||
12 | furnish evidence of not less than 250 hours of additional study | ||||||
13 | of
cosmetology in an approved school of cosmetology since the | ||||||
14 | applicant last
took the examination. If an applicant for | ||||||
15 | licensure as a cosmetology teacher
fails to pass 3 examinations | ||||||
16 | conducted by the Department, the applicant shall,
before taking | ||||||
17 | a subsequent examination, furnish evidence of not less than 80
| ||||||
18 | hours of additional study in teaching methodology and | ||||||
19 | educational psychology
in an approved school of cosmetology | ||||||
20 | since the applicant last took the
examination. An applicant who | ||||||
21 | fails to pass the fourth
examination shall not again be | ||||||
22 | admitted to an examination unless: (i) in the
case of an | ||||||
23 | applicant for licensure as a cosmetologist, the applicant again
| ||||||
24 | takes and completes a program of 1500 hours in the study of
| ||||||
25 | cosmetology in an
approved school of cosmetology extending over |
| |||||||
| |||||||
1 | a period that commences after the
applicant fails to pass the | ||||||
2 | fourth examination and that is not less than 8
months nor more | ||||||
3 | than 7 consecutive years in duration; (ii) in the case
of an
| ||||||
4 | applicant for licensure as a cosmetology teacher, the applicant | ||||||
5 | again takes and
completes a program of 1000 hours of teacher | ||||||
6 | training in an
approved school of
cosmetology, except that if | ||||||
7 | the applicant had 2 years of practical experience
as a licensed | ||||||
8 | cosmetologist within the 5 years preceding the initial
| ||||||
9 | examination taken by the applicant, the applicant must again | ||||||
10 | take and complete
a program of 500 hours of teacher training in | ||||||
11 | an approved school of
cosmetology, esthetics,
or nail | ||||||
12 | technology; or (iii) in the case of an applicant for licensure | ||||||
13 | as a
cosmetology clinic teacher, the applicant again takes and | ||||||
14 | completes a
program of
250 hours of clinic teacher training in | ||||||
15 | a licensed
school of cosmetology or an instructor's institute | ||||||
16 | of 20 hours. The requirements for remedial training set forth | ||||||
17 | in this Section may be waived in whole or in part by the | ||||||
18 | Department upon proof to the Department that the applicant has | ||||||
19 | demonstrated competence to again sit for the examination. The | ||||||
20 | Department shall adopt rules establishing the standards by | ||||||
21 | which this determination shall be made. Each cosmetology | ||||||
22 | applicant shall be given a written
examination testing both
| ||||||
23 | theoretical and practical knowledge, which shall include, but | ||||||
24 | not be
limited to, questions that determine the applicant's | ||||||
25 | knowledge of
product chemistry, sanitary rules, sanitary | ||||||
26 | procedures,
chemical service procedures, hazardous chemicals |
| |||||||
| |||||||
1 | and exposure minimization,
knowledge of the anatomy of the | ||||||
2 | skin, scalp, hair, and nails as they relate to
applicable | ||||||
3 | services under this Act and labor and compensation laws.
| ||||||
4 | The examination of applicants for licensure as a
| ||||||
5 | cosmetology, esthetics, or nail technology teacher may include
| ||||||
6 | all of the elements of the exam for licensure as a
| ||||||
7 | cosmetologist, esthetician, or nail technician and also | ||||||
8 | include teaching
methodology, classroom management,
record | ||||||
9 | keeping, and any other related subjects that the Department in | ||||||
10 | its
discretion may deem
necessary to insure competent | ||||||
11 | performance.
| ||||||
12 | This Act does not prohibit the practice of cosmetology by | ||||||
13 | one who has
applied in writing to the Department, in form and | ||||||
14 | substance satisfactory to
the Department, for a license as a | ||||||
15 | cosmetologist, or the
teaching of
cosmetology by one who has | ||||||
16 | applied in writing to the Department, in form
and substance | ||||||
17 | satisfactory to the Department, for a license
as a cosmetology | ||||||
18 | teacher or cosmetology clinic teacher, if the person has
| ||||||
19 | complied with all the
provisions of this Act in order to | ||||||
20 | qualify for a license, except the passing of
an examination to | ||||||
21 | be eligible to
receive a license, until: (a) the expiration of | ||||||
22 | 6 months
after the
filing of the written application, (b) the | ||||||
23 | decision of the Department
that the applicant has failed to | ||||||
24 | pass an examination within 6 months or
failed without an | ||||||
25 | approved excuse to take an examination conducted within 6
| ||||||
26 | months by the Department, or (c) the withdrawal of the |
| |||||||
| |||||||
1 | application.
| ||||||
2 | (Source: P.A. 94-451, eff. 12-31-05.)
| ||||||
3 | (225 ILCS 410/3-7) (from Ch. 111, par. 1703-7)
| ||||||
4 | (Section scheduled to be repealed on January 1, 2016)
| ||||||
5 | Sec. 3-7. Licensure; renewal; continuing education ; | ||||||
6 | military service . The
holder of a license issued under this | ||||||
7 | Article III may renew that license during
the month preceding | ||||||
8 | the expiration date thereof by paying the required fee,
giving | ||||||
9 | such evidence as the Department may prescribe of completing not | ||||||
10 | less
than 14 hours of continuing education for a cosmetologist, | ||||||
11 | and 24 hours of
continuing education for a cosmetology teacher | ||||||
12 | or cosmetology clinic teacher,
within the 2 years prior to | ||||||
13 | renewal. The training shall be in subjects
approved by the | ||||||
14 | Department as prescribed by rule upon recommendation of the | ||||||
15 | Board and may include online instruction .
| ||||||
16 | A license that has been expired for more than 5 years may | ||||||
17 | be restored by
payment of the restoration fee and submitting | ||||||
18 | evidence satisfactory to the
Department of the current | ||||||
19 | qualifications and fitness of the licensee, which
shall include | ||||||
20 | completion of continuing education hours for the period
| ||||||
21 | subsequent to expiration.
| ||||||
22 | The Department shall establish by rule a means for the | ||||||
23 | verification of
completion of the continuing education | ||||||
24 | required by this Section. This
verification may be accomplished | ||||||
25 | through audits of records maintained by
registrants, by |
| |||||||
| |||||||
1 | requiring the filing of continuing education certificates with
| ||||||
2 | the Department, or by other means established by the | ||||||
3 | Department.
| ||||||
4 | A license issued under the provisions of this Act that has | ||||||
5 | expired
while the holder of the license was engaged (1) in | ||||||
6 | federal service on
active duty with the Army of the United | ||||||
7 | States, the United States Navy,
the Marine Corps, the Air | ||||||
8 | Force, the Coast Guard, or any Women's
Auxiliary thereof, or | ||||||
9 | the State Militia called into the service or
training of the | ||||||
10 | United States of America, or (2) in training or
education under | ||||||
11 | the supervision of the United States preliminary to
induction | ||||||
12 | into the military service, may be reinstated or restored
| ||||||
13 | without the payment of any lapsed renewal fees, reinstatement | ||||||
14 | fee, or
restoration fee if within 2 years after the termination | ||||||
15 | of such
service, training, or education other than by | ||||||
16 | dishonorable discharge,
the holder furnishes the Department | ||||||
17 | with an affidavit to the effect
that he or she has been so | ||||||
18 | engaged and that his or her service,
training, or education has | ||||||
19 | been so terminated.
| ||||||
20 | The Department, in its discretion, may waive
enforcement of | ||||||
21 | the continuing education requirement in this Section and
shall | ||||||
22 | adopt rules defining the standards and criteria for
that waiver | ||||||
23 | under the following circumstances:
| ||||||
24 | (a) the licensee resides in a locality where it is | ||||||
25 | demonstrated that the
absence of opportunities for such | ||||||
26 | education would interfere with the
ability of the licensee |
| |||||||
| |||||||
1 | to provide service to the public;
| ||||||
2 | (b) that to comply with the continuing education | ||||||
3 | requirements would
cause a substantial financial hardship | ||||||
4 | on the licensee;
| ||||||
5 | (c) that the licensee is serving in the United States | ||||||
6 | Armed Forces; or
| ||||||
7 | (d) that the licensee is incapacitated due to illness.
| ||||||
8 | The continuing education requirements of this Section do | ||||||
9 | not apply to a
licensee who (i) is at least 62 years of age or | ||||||
10 | (ii) has
been licensed as a cosmetologist, cosmetology teacher, | ||||||
11 | or cosmetology clinic
teacher for at least 25 years.
| ||||||
12 | (Source: P.A. 98-911, eff. 1-1-15 .)
| ||||||
13 | (225 ILCS 410/3-9 new) | ||||||
14 | Sec. 3-9. Licensed barber seeking license as | ||||||
15 | cosmetologist. A licensed barber who submits to the Department | ||||||
16 | an application for licensure as a cosmetologist must meet all | ||||||
17 | requirements of this Act for licensure as a cosmetologist, | ||||||
18 | except that such applicant shall be given credit for hours of | ||||||
19 | instruction completed for his or her barber license in subjects | ||||||
20 | that are common to both barbering and cosmetology and shall | ||||||
21 | complete an additional 500 hours of instruction in subjects not | ||||||
22 | within the scope of practice of a barber. The Department shall | ||||||
23 | provide for the implementation of this provision by rule.
| ||||||
24 | (225 ILCS 410/3-10 new) |
| |||||||
| |||||||
1 | Sec. 3-10. Licensed esthetician or licensed nail | ||||||
2 | technician seeking license as a cosmetologist. A licensed | ||||||
3 | esthetician or licensed nail technician who submits to the | ||||||
4 | Department an application for licensure as a cosmetologist must | ||||||
5 | meet all requirements of this Act for licensure as a | ||||||
6 | cosmetologist except that such applicant shall be given credit | ||||||
7 | for hours of instruction completed for his or her esthetician | ||||||
8 | or nail technician license in subjects that are common to both | ||||||
9 | esthetics or nail technology and cosmetology. The Department | ||||||
10 | shall provide for the implementation of this provision by rule.
| ||||||
11 | (225 ILCS 410/3A-6) (from Ch. 111, par. 1703A-6)
| ||||||
12 | (Section scheduled to be repealed on January 1, 2016)
| ||||||
13 | Sec. 3A-6. Licensure; renewal;
continuing education; | ||||||
14 | examination; military service. The holder of a license
issued | ||||||
15 | under this Article may renew such license during the
month | ||||||
16 | preceding the expiration date thereof by paying the required | ||||||
17 | fee, giving evidence the Department may
prescribe of completing | ||||||
18 | not less than 10 hours for estheticians,
and not less than 20 | ||||||
19 | hours of continuing education for esthetics
teachers,
within | ||||||
20 | the 2 years prior to renewal. The training shall be in | ||||||
21 | subjects,
approved by the Department as prescribed by rule upon | ||||||
22 | recommendation of
the Board.
| ||||||
23 | A license that has expired or been
placed on inactive | ||||||
24 | status may
be restored only by payment of the restoration fee | ||||||
25 | and submitting evidence
satisfactory to the Department of the |
| |||||||
| |||||||
1 | current qualifications and fitness of
the licensee including | ||||||
2 | the completion of continuing
education hours for the period | ||||||
3 | following expiration.
| ||||||
4 | A license issued under the provisions of
this Act
that has | ||||||
5 | expired while the holder of the license was
engaged (1) in | ||||||
6 | federal service on active duty with the Army of the United
| ||||||
7 | States, the United States Navy, the Marine Corps, the Air | ||||||
8 | Force, the Coast
Guard, or any Women's Auxiliary thereof, or | ||||||
9 | the State Militia called into
the service or training of the | ||||||
10 | United States of America, or (2) in training
or education under | ||||||
11 | the supervision of the United States preliminary to
induction | ||||||
12 | into the military service, may be reinstated or restored | ||||||
13 | without
the payment of any lapsed renewal fees, reinstatement | ||||||
14 | fee, or restoration
fee if within 2 years after the termination | ||||||
15 | of such service, training, or
education other than by | ||||||
16 | dishonorable discharge, the holder furnishes the
Department | ||||||
17 | with an affidavit to the effect that he or she has been so
| ||||||
18 | engaged and
that his or her service, training, or education has | ||||||
19 | been so terminated.
| ||||||
20 | The Department, in its discretion, may waive enforcement of | ||||||
21 | the continuing
education requirement in this Section, and shall | ||||||
22 | adopt rules defining the
standards and criteria for such | ||||||
23 | waiver, under the following circumstances:
| ||||||
24 | (1) the licensee resides in a locality where it is | ||||||
25 | demonstrated
that the
absence of opportunities for such | ||||||
26 | education would interfere with the ability of
the licensee |
| |||||||
| |||||||
1 | to provide service to the public;
| ||||||
2 | (2) the licensee's compliance with the continuing | ||||||
3 | education
requirements
would cause a substantial financial | ||||||
4 | hardship on the licensee;
| ||||||
5 | (3) the licensee is serving in the United States Armed | ||||||
6 | Forces;
or
| ||||||
7 | (4) the licensee is incapacitated due to illness.
| ||||||
8 | (Source: P.A. 98-911, eff. 1-1-15 .)
| ||||||
9 | (225 ILCS 410/3A-8 new) | ||||||
10 | Sec. 3A-8. Inactive status. Any esthetician or esthetician | ||||||
11 | teacher who notifies the Department in writing on forms | ||||||
12 | prescribed by the Department may elect to place his or her | ||||||
13 | license on inactive status and shall, subject to rules of the | ||||||
14 | Department, be excused from payment of renewal fees until he or | ||||||
15 | she notifies the Department in writing of his or her desire to | ||||||
16 | resume active status. | ||||||
17 | Any esthetician or esthetician teacher requesting | ||||||
18 | restoration from inactive status shall be required to pay the | ||||||
19 | current renewal fee and to qualify for the restoration of his | ||||||
20 | or her license, subject to rules of the Department. A license | ||||||
21 | shall not be restored from inactive status unless the | ||||||
22 | esthetician or esthetician teacher requesting the restoration | ||||||
23 | completes the number of hours of continuing education required | ||||||
24 | for renewal of a license under Section 3A-6. | ||||||
25 | Any esthetician or esthetician teacher whose license is in |
| |||||||
| |||||||
1 | inactive status shall not practice in the State of Illinois.
| ||||||
2 | (225 ILCS 410/3B-2) (from Ch. 111, par. 1703B-2)
| ||||||
3 | (Section scheduled to be repealed on January 1, 2016)
| ||||||
4 | Sec. 3B-2. Investigations by Department upon its own motion | ||||||
5 | or upon
verified complaint; opportunity for corrections. The | ||||||
6 | Department may upon
its own motion and shall upon the verified | ||||||
7 | complaint in writing of any
person setting forth facts which if | ||||||
8 | proved would constitute grounds for
refusal or revocation under | ||||||
9 | this Act, investigate the actions of any
applicant or any | ||||||
10 | person or persons holding or claiming
to hold a license.
| ||||||
11 | Any student or employee of a school approved by this Act | ||||||
12 | who believes he
has been aggrieved by a violation of this Act | ||||||
13 | shall have the right to file
a written complaint within one | ||||||
14 | year of the alleged violation. The Department
shall acknowledge | ||||||
15 | receipt of such written complaint, commence an investigation
of | ||||||
16 | the alleged violation, and forward to the Attorney General and | ||||||
17 | any
appropriate State's Attorney's office copies of complaints | ||||||
18 | as required by
Section 3B-3. The Department shall inform | ||||||
19 | forward a copy of the formal complaint and
order to the person | ||||||
20 | who filed the complaint and to the chief operating officer
of | ||||||
21 | the school cited in the complaint of the nature or substance of | ||||||
22 | the complaint and afford the school an opportunity to either | ||||||
23 | resolve the complaint to the satisfaction of the complainant or | ||||||
24 | submit a written response to the Department .
| ||||||
25 | However, before proceeding to a hearing on the question of |
| |||||||
| |||||||
1 | whether a
license shall be refused or revoked, the Department | ||||||
2 | may issue a letter
granting the school in question 30 days to | ||||||
3 | correct the deficiency or
deficiencies. The letter shall | ||||||
4 | enumerate the deficiencies and state the action
on the part of | ||||||
5 | the school that will remediate the deficiency or
deficiencies. | ||||||
6 | During the time designated to remedy deficiencies the | ||||||
7 | Department
may order the school to cease and desist from all | ||||||
8 | marketing and student
enrollment activities.
| ||||||
9 | (Source: P.A. 89-387, eff. 1-1-96; 89-626, eff. 8-9-96 .)
| ||||||
10 | (225 ILCS 410/3B-10)
| ||||||
11 | (Section scheduled to be repealed on January 1, 2016)
| ||||||
12 | Sec. 3B-10. Requisites for ownership or operation of | ||||||
13 | school. No person,
firm, or corporation may own, operate, or | ||||||
14 | conduct a school of barbering, cosmetology,
esthetics, hair | ||||||
15 | braiding, or nail technology for the purpose of teaching | ||||||
16 | barbering, cosmetology,
esthetics, hair braiding, or nail | ||||||
17 | technology for compensation unless licensed by the Department. | ||||||
18 | A licensed school is a postsecondary educational institution | ||||||
19 | authorized by the Department to provide a postsecondary | ||||||
20 | education program in compliance with the requirements of this | ||||||
21 | Act. An applicant shall apply to the Department on forms
| ||||||
22 | provided by the Department, pay the required fees, and comply | ||||||
23 | with the
following requirements:
| ||||||
24 | 1. The applicant must submit to the Department for | ||||||
25 | approval:
|
| |||||||
| |||||||
1 | a. A floor plan, drawn to a scale specified on the | ||||||
2 | floor plan,
showing every detail of the proposed | ||||||
3 | school; and
| ||||||
4 | b. A lease commitment or proof of ownership for the | ||||||
5 | location of the
proposed school; a lease commitment | ||||||
6 | must provide for execution of the lease
upon the | ||||||
7 | Department's approval of the school's application and | ||||||
8 | the lease must
be for a period of at least one year.
| ||||||
9 | c. (Blank).
| ||||||
10 | 2. An application to own or operate a school shall | ||||||
11 | include the following:
| ||||||
12 | a. If the owner is a corporation, a copy of the | ||||||
13 | Articles of
Incorporation or, if the owner is a limited | ||||||
14 | liability company, a copy of the articles of | ||||||
15 | organization ;
| ||||||
16 | b. If the owner is a partnership, a listing of all | ||||||
17 | partners and their
current addresses;
| ||||||
18 | c. If the applicant is an owner, a completed | ||||||
19 | financial statement showing
the owner's ability to | ||||||
20 | operate the school for at least 3 months;
| ||||||
21 | d. A copy of the official enrollment agreement or | ||||||
22 | student contract to be
used by the school, which shall | ||||||
23 | be consistent with the requirements of
this Act and | ||||||
24 | rules;
| ||||||
25 | e. A listing of all teachers who will be in the | ||||||
26 | school's employ,
including their teacher license |
| |||||||
| |||||||
1 | numbers;
| ||||||
2 | f. A copy of the curricula that will be followed;
| ||||||
3 | g. The names, addresses, and current status of all | ||||||
4 | schools in which the
applicant has previously owned any | ||||||
5 | interest, and a declaration as to whether
any of these | ||||||
6 | schools were ever denied accreditation or licensing or | ||||||
7 | lost
accreditation or licensing from any governmental | ||||||
8 | body or accrediting agency;
| ||||||
9 | h. Each application for a certificate of approval | ||||||
10 | shall be signed and
certified under oath by the | ||||||
11 | school's chief managing employee and also by
its | ||||||
12 | individual owner or owners; if the applicant is a | ||||||
13 | partnership or a
corporation, then the application | ||||||
14 | shall be signed and certified under oath by
the | ||||||
15 | school's chief managing employee and also by each | ||||||
16 | member of the partnership
or each officer of the | ||||||
17 | corporation, as the case may be;
| ||||||
18 | i. A copy of the school's official transcript; and
| ||||||
19 | j. The required fee.
| ||||||
20 | 3. Each application for a license to operate a
school | ||||||
21 | shall also contain the following commitments:
| ||||||
22 | a. To conduct the school in accordance with this | ||||||
23 | Act and the standards,
and rules from time to time | ||||||
24 | adopted under this Act and to meet standards and
| ||||||
25 | requirements at least as stringent as those required by | ||||||
26 | Part H of the Federal
Higher Education Act of 1965.
|
| |||||||
| |||||||
1 | b. To permit the Department to inspect the school | ||||||
2 | or classes thereof
from time to time with or without | ||||||
3 | notice; and to make available to the
Department, at any | ||||||
4 | time when required to do so, information including
| ||||||
5 | financial information pertaining to the activities of | ||||||
6 | the school required
for the administration of this Act | ||||||
7 | and the standards and rules adopted under
this Act;
| ||||||
8 | c. To utilize only advertising and solicitation | ||||||
9 | which is free from
misrepresentation, deception, | ||||||
10 | fraud, or other misleading or unfair trade
practices;
| ||||||
11 | d. To screen applicants to the school prior to | ||||||
12 | enrollment pursuant to
the requirements of the | ||||||
13 | school's regional or national accrediting agency,
if | ||||||
14 | any, and to maintain any and all records of such | ||||||
15 | screening. If the
course of instruction is offered in a | ||||||
16 | language other than English, the
screening shall also | ||||||
17 | be performed in that language;
| ||||||
18 | e. To post in a conspicuous place a statement, | ||||||
19 | developed by the
Department, of student's rights | ||||||
20 | provided under this Act.
| ||||||
21 | 4. The applicant shall establish to the satisfaction of | ||||||
22 | the Department
that the owner possesses sufficient liquid | ||||||
23 | assets to meet the prospective
expenses of the school for a | ||||||
24 | period of 3 months. In the discretion of
the Department, | ||||||
25 | additional proof of financial ability may be required.
| ||||||
26 | 5. The applicant shall comply with all rules of the |
| |||||||
| |||||||
1 | Department determining
the necessary curriculum and | ||||||
2 | equipment required for the conduct of the school.
| ||||||
3 | 6. The applicant must demonstrate employment of a | ||||||
4 | sufficient number of
qualified teachers who are holders of | ||||||
5 | a current license issued by the
Department.
| ||||||
6 | 7.
A final inspection of the barber, cosmetology, | ||||||
7 | esthetics, hair braiding, or nail technology school shall | ||||||
8 | be
made by the Department before the school may commence | ||||||
9 | classes.
| ||||||
10 | 8. A written inspection report must be made by the | ||||||
11 | State Fire Marshal or a local fire authority approving the | ||||||
12 | use of the proposed premises as a barber, cosmetology, | ||||||
13 | esthetics, hair braiding, or nail technology school.
| ||||||
14 | (Source: P.A. 98-238, eff. 1-1-14; 98-911, eff. 1-1-15 .)
| ||||||
15 | (225 ILCS 410/3B-11)
| ||||||
16 | (Section scheduled to be repealed on January 1, 2016)
| ||||||
17 | Sec. 3B-11. Periodic review of barber, cosmetology, | ||||||
18 | esthetics, hair braiding, and nail technology
schools. The | ||||||
19 | Department shall review at least biennially all All approved | ||||||
20 | schools
and courses of instruction are subject to review by the | ||||||
21 | Department . The biennial review shall include consideration of
| ||||||
22 | a comparison between the graduation or completion rate for the | ||||||
23 | school and the
graduation or completion rate for the schools | ||||||
24 | within that classification of
schools. Consideration shall be | ||||||
25 | given to complaints and information forwarded
to the Department |
| |||||||
| |||||||
1 | by the Federal Trade Commission, Better Business Bureaus, the
| ||||||
2 | Illinois Attorney General's Office, a State's Attorney's | ||||||
3 | Office,
other State or official approval agencies, local school | ||||||
4 | officials, and
interested persons. The Department shall | ||||||
5 | investigate all complaints
filed with the Department about a | ||||||
6 | school or its sales representatives.
| ||||||
7 | A school shall retain
the records, as defined by rule, of a | ||||||
8 | student
who withdraws from or drops out of the school, by | ||||||
9 | written notice of
cancellation or otherwise, for any period | ||||||
10 | longer than 7 years from the
student's first day of attendance. | ||||||
11 | However, a school shall retain indefinitely
the transcript of | ||||||
12 | each student who completes the program and
graduates from the | ||||||
13 | school.
| ||||||
14 | (Source: P.A. 98-911, eff. 1-1-15 .)
| ||||||
15 | (225 ILCS 410/3B-12)
| ||||||
16 | (Section scheduled to be repealed on January 1, 2016)
| ||||||
17 | Sec. 3B-12. Enrollment agreements.
| ||||||
18 | (a) Enrollment agreements shall be used by barber, | ||||||
19 | cosmetology, esthetics, hair braiding, and nail
technology | ||||||
20 | schools licensed to operate by the Department and shall include | ||||||
21 | the
following written disclosures:
| ||||||
22 | (1) The name and address of the school and the | ||||||
23 | addresses where instruction
will be given;
| ||||||
24 | (2) The name and description of the course of | ||||||
25 | instruction, including the
number
of clock hours in each |
| |||||||
| |||||||
1 | course and an approximate number of weeks or months
| ||||||
2 | required for completion;
| ||||||
3 | (3) The scheduled starting date and calculated | ||||||
4 | completion date;
| ||||||
5 | (4) The total cost of the course of instruction | ||||||
6 | including any charges made
by the school for tuition, | ||||||
7 | books, materials, supplies, and other expenses;
| ||||||
8 | (5) A clear and conspicuous statement that the contract | ||||||
9 | is a legally
binding instrument when signed by the student | ||||||
10 | and accepted by the school;
| ||||||
11 | (6) A clear and conspicuous caption, "BUYER'S RIGHT TO | ||||||
12 | CANCEL" under which
it is explained that the student has | ||||||
13 | the right to cancel the initial enrollment
agreement until | ||||||
14 | midnight of the fifth business day after the student has | ||||||
15 | been
enrolled; and if notice of the right to cancel is not | ||||||
16 | given to any prospective
student at the time the enrollment | ||||||
17 | agreement is signed, then the student has
the right to | ||||||
18 | cancel the agreement at any time and receive a refund of | ||||||
19 | all
monies paid to date within 10 days of cancellation;
| ||||||
20 | (7) A notice to the students that the cancellation must | ||||||
21 | be in writing and
given to the registered agent, if any, or | ||||||
22 | managing employee of the school;
| ||||||
23 | (8) The school's refund policy for unearned tuition, | ||||||
24 | fees, and other
charges;
| ||||||
25 | (9) The date of the student's signature and the date of | ||||||
26 | the student's
admission;
|
| |||||||
| |||||||
1 | (10) The name of the school employee or agent | ||||||
2 | responsible for procuring,
soliciting, or enrolling the | ||||||
3 | student;
| ||||||
4 | (11) A clear statement that the institution does not | ||||||
5 | guarantee employment
and a statement describing the | ||||||
6 | school's placement assistance procedures;
| ||||||
7 | (12) The graduation requirements of the school;
| ||||||
8 | (13) The contents of the following notice, in at least | ||||||
9 | 10 point bold type:
| ||||||
10 | "NOTICE TO THE STUDENT"
| ||||||
11 | "Do not sign this contract before you read it or if it | ||||||
12 | contains
any blank space.
You are entitled to an exact copy | ||||||
13 | of the contract you sign."
| ||||||
14 | (14) A statement either in the enrollment agreement or | ||||||
15 | separately provided
and
acknowledged by the student | ||||||
16 | indicating the number of students who did not
complete the | ||||||
17 | course of instruction for which they enrolled for the past
| ||||||
18 | calendar year as compared to the number of students who | ||||||
19 | enrolled in school
during the school's past calendar year;
| ||||||
20 | (15) The following clear and conspicuous caption: | ||||||
21 | "COMPLAINTS AGAINST
THIS SCHOOL MAY BE REGISTERED WITH THE | ||||||
22 | DEPARTMENT OF FINANCIAL AND PROFESSIONAL
REGULATION", set | ||||||
23 | forth with the address and telephone number of the
| ||||||
24 | Department's Complaint Intake Unit Chicago and Springfield | ||||||
25 | offices .
| ||||||
26 | (b) If the enrollment is negotiated orally in a language |
| |||||||
| |||||||
1 | other than English,
then copies
of the above disclosures shall | ||||||
2 | be tendered in the language in which the
contract was | ||||||
3 | negotiated prior to executing the enrollment agreement.
| ||||||
4 | (c) The school shall comply with all applicable | ||||||
5 | requirements of the Retail
Installment Sales Act in its | ||||||
6 | enrollment agreement or student contracts.
| ||||||
7 | (d) No enrollment agreement or student contract shall | ||||||
8 | contain a wage
assignment provision or a confession of judgment | ||||||
9 | clause.
| ||||||
10 | (e) Any provision in an enrollment agreement or student | ||||||
11 | contract that
purports
to waive the student's right to assert | ||||||
12 | against the school, or any assignee, any
claim or defense he or | ||||||
13 | she may have against the school arising under the
contract | ||||||
14 | shall be void.
| ||||||
15 | (f) Two copies of the enrollment agreement shall be signed | ||||||
16 | by the
student. One copy shall be given to the student and the | ||||||
17 | school shall retain
the other copy as part of the student's | ||||||
18 | permanent record.
| ||||||
19 | (Source: P.A. 98-911, eff. 1-1-15 .)
| ||||||
20 | (225 ILCS 410/3B-13)
| ||||||
21 | (Section scheduled to be repealed on January 1, 2016)
| ||||||
22 | Sec. 3B-13. Rules; refunds. Schools regulated under this | ||||||
23 | Section shall
issue refunds based on the following schedule. | ||||||
24 | The refund policy shall provide
that:
| ||||||
25 | (1) Schools shall, when a student gives written notice |
| |||||||
| |||||||
1 | of cancellation,
provide a refund in the amount of at least | ||||||
2 | the following:
| ||||||
3 | (a) When notice of cancellation is given within 5 | ||||||
4 | days after the date of
enrollment, all application and | ||||||
5 | registration fees, tuition, and any other
charges | ||||||
6 | shall be refunded to the student.
| ||||||
7 | (b) When notice of cancellation is given after the | ||||||
8 | fifth day following
enrollment but before the | ||||||
9 | completion of the student's first day of class
| ||||||
10 | attendance, the school may retain no more than the | ||||||
11 | application and registration
fee, plus the cost of any | ||||||
12 | books or materials which have been provided by the
| ||||||
13 | school and retained by the student.
| ||||||
14 | (c) When notice of cancellation is given after the | ||||||
15 | student's completion of
the first day of class | ||||||
16 | attendance but prior to the student's completion of 5%
| ||||||
17 | of
the course of instruction, the school may retain the | ||||||
18 | application and
registration fee and an amount not to | ||||||
19 | exceed 10% of the tuition and other
instructional | ||||||
20 | charges or $300, whichever is less, plus the cost of | ||||||
21 | any books or
materials which have been provided by the | ||||||
22 | school.
| ||||||
23 | (d) When a student has completed 5% or more of the | ||||||
24 | course of instruction,
the school may retain the | ||||||
25 | application and registration fee and the cost of any
| ||||||
26 | books or materials which have been provided by the |
| |||||||
| |||||||
1 | school but shall refund a
part of the tuition and other | ||||||
2 | instructional charges in accordance with the
| ||||||
3 | requirements of the school's regional or national | ||||||
4 | accrediting agency, if any, or rules that
the | ||||||
5 | Department shall promulgate for purposes of this | ||||||
6 | Section.
| ||||||
7 | (2) Applicants not accepted by the school shall receive | ||||||
8 | a refund of all
tuition and fees paid.
| ||||||
9 | (3) Application and registration fees shall be | ||||||
10 | chargeable at initial
enrollment and shall not exceed $100. | ||||||
11 | All fees must be disclosed in the student contract.
| ||||||
12 | (4) Deposits or down payments shall become part of the | ||||||
13 | tuition.
| ||||||
14 | (5)
The school shall mail a written acknowledgement of
| ||||||
15 | a
student's
cancellation or written withdrawal to the | ||||||
16 | student within 15 calendar days of
the date of | ||||||
17 | notification. Written acknowledgement is not necessary if | ||||||
18 | a
refund has been mailed to the student within the 15 | ||||||
19 | calendar days.
| ||||||
20 | (6) If the school cancels or discontinues a course, the | ||||||
21 | student shall be
entitled to receive from the school such | ||||||
22 | refund or partial refund of the
tuition, fees, and other | ||||||
23 | charges paid by the student or on behalf of the
student as | ||||||
24 | is provided under rules promulgated by the Department.
| ||||||
25 | (7) Except as otherwise provided by this Act, all | ||||||
26 | student refunds shall be
made by the school within 45 |
| |||||||
| |||||||
1 | calendar days after the date of notice of the
student's | ||||||
2 | cancellation or the date that the school determines that | ||||||
3 | the student has officially or unofficially withdrawn.
| ||||||
4 | (8) A student shall give notice of cancellation to the | ||||||
5 | school in writing.
The unexplained absence of a student | ||||||
6 | from a school for more than 30 consecutive
calendar days | ||||||
7 | shall constitute constructive notice of cancellation to | ||||||
8 | the school. For
purposes of cancellation, the cancellation | ||||||
9 | date shall be the last day of
attendance.
| ||||||
10 | (9) A school may make refunds which exceed those | ||||||
11 | required by this Section.
| ||||||
12 | (10) Each student and former student shall be entitled | ||||||
13 | to receive from the
school that the student attends or | ||||||
14 | attended an official transcript of all
hours completed by | ||||||
15 | the student at that school for which the applicable | ||||||
16 | tuition,
fees, and other charges have been paid, together | ||||||
17 | with the grades earned by the
student for those hours, | ||||||
18 | provided that a student who withdraws from or drops
out of | ||||||
19 | a school, by written notice of cancellation or otherwise, | ||||||
20 | shall not be
entitled to any transcript of completed hours | ||||||
21 | following the expiration of the
7-year period that began on | ||||||
22 | the student's first day of attendance at the
school. A | ||||||
23 | reasonable fee, not exceeding $2, may be charged by the | ||||||
24 | school
for each transcript after the first free transcript | ||||||
25 | that the school is required
to provide to a student or | ||||||
26 | former student under this Section.
|
| |||||||
| |||||||
1 | (Source: P.A. 95-343, eff. 1-1-08; 96-506, eff. 8-14-09.)
| ||||||
2 | (225 ILCS 410/3B-17 new) | ||||||
3 | Sec. 3B-17. Sale of school. Any school licensed under this | ||||||
4 | Act that is subsequently sold to another party shall notify the | ||||||
5 | Department in writing of the sale at least 30 days in advance | ||||||
6 | of the effective date of the transfer of ownership. Upon filing | ||||||
7 | of this notice with the Department, the new owner may continue | ||||||
8 | to operate the school under the previously issued license | ||||||
9 | provided that the new owner submits an application for | ||||||
10 | licensure to the Department in accordance with the requirements | ||||||
11 | of this Act within 30 days after the effective date of the | ||||||
12 | transfer of ownership. The new owner may continue to operate | ||||||
13 | the school under the previous license after submitting such | ||||||
14 | application until the Department issues a new license or denies | ||||||
15 | issuance of a license, whichever occurs first. The Department | ||||||
16 | shall provide for administration of this Section by rule.
| ||||||
17 | (225 ILCS 410/3B-18 new) | ||||||
18 | Sec. 3B-18. Internship. A school may offer an internship | ||||||
19 | program as part of its curriculum subject to the rules of the | ||||||
20 | Department.
| ||||||
21 | (225 ILCS 410/3C-8) (from Ch. 111, par. 1703C-8)
| ||||||
22 | (Section scheduled to be repealed on January 1, 2016)
| ||||||
23 | Sec. 3C-8. License renewal; expiration; continuing |
| |||||||
| |||||||
1 | education;
persons in military service. The holder of a license
| ||||||
2 | issued under this Article may renew that license during the
| ||||||
3 | month preceding the expiration date of the license by
paying | ||||||
4 | the required fee and giving evidence, as the Department may | ||||||
5 | prescribe,
of completing not
less than 10 hours of continuing | ||||||
6 | education for a nail technician
and 20 hours of continuing | ||||||
7 | education for a nail technology teacher, within
the 2 years | ||||||
8 | prior
to renewal. The continuing education shall be in subjects | ||||||
9 | approved by the
Department upon recommendation of the Barber, | ||||||
10 | Cosmetology, Esthetics, Hair Braiding, and
Nail Technology | ||||||
11 | Board relating to the practice of nail technology,
including, | ||||||
12 | but not limited to, review of sanitary procedures, review of
| ||||||
13 | chemical service procedures, review of this Act, and review of | ||||||
14 | the Workers'
Compensation Act. However, at least 10 of the | ||||||
15 | hours of continuing education
required for a nail technology | ||||||
16 | teacher
shall be in subjects relating to
teaching methodology, | ||||||
17 | educational psychology, and classroom management or in
other | ||||||
18 | subjects related to teaching.
| ||||||
19 | A license that has been expired or placed on inactive | ||||||
20 | status may
be restored only by payment of the restoration fee | ||||||
21 | and submitting evidence
satisfactory to the Department of the | ||||||
22 | meeting of current qualifications and
fitness of the licensee, | ||||||
23 | including the completion of
continuing education hours for the | ||||||
24 | period subsequent to
expiration.
| ||||||
25 | A license issued under this Article that
has expired while | ||||||
26 | the holder of the license
was engaged (1) in federal service on |
| |||||||
| |||||||
1 | active duty with the Army of the United
States, the United | ||||||
2 | States Navy, the Marine Corps, the Air Force, the Coast
Guard, | ||||||
3 | or any Women's Auxiliary thereof, or the State Militia called | ||||||
4 | into
the service or training of the United States of America, | ||||||
5 | or (2) in training
or education under the supervision of the | ||||||
6 | United States preliminary to
induction into the military | ||||||
7 | service, may be reinstated or restored without
the payment of | ||||||
8 | any lapsed renewal fees, reinstatement fee or restoration
fee | ||||||
9 | if, within 2 years after the termination of the service, | ||||||
10 | training, or
education other than by dishonorable discharge, | ||||||
11 | the holder furnishes the
Department with an affidavit to the | ||||||
12 | effect that the certificate holder has
been so engaged and that | ||||||
13 | the service, training, or education has been so
terminated.
| ||||||
14 | The Department, in its discretion, may waive enforcement of | ||||||
15 | the continuing
education requirement in this Section, and shall | ||||||
16 | adopt rules defining the
standards and criteria for such | ||||||
17 | waiver, under the following circumstances:
| ||||||
18 | (a) the licensee resides in a locality where it is | ||||||
19 | demonstrated that the
absence of opportunities for such | ||||||
20 | education would interfere with the ability of
the licensee to | ||||||
21 | provide service to the public;
| ||||||
22 | (b) the licensee's compliance with the continuing | ||||||
23 | education requirements
would cause a substantial financial | ||||||
24 | hardship on the licensee;
| ||||||
25 | (c) the licensee is serving in the United States Armed | ||||||
26 | Forces; or
|
| |||||||
| |||||||
1 | (d) the licensee is incapacitated due to illness.
| ||||||
2 | (Source: P.A. 98-911, eff. 1-1-15 .)
| ||||||
3 | (225 ILCS 410/3C-10 new) | ||||||
4 | Sec. 3C-10. Inactive status. Any nail technician or nail | ||||||
5 | technology teacher who notifies the Department in writing on | ||||||
6 | forms prescribed by the Department may elect to place his or | ||||||
7 | her license on inactive status and shall, subject to rules of | ||||||
8 | the Department, be excused from payment of renewal fees until | ||||||
9 | he or she notifies the Department in writing of his or her | ||||||
10 | desire to resume active status. | ||||||
11 | Any nail technician or nail technology teacher requesting | ||||||
12 | restoration from inactive status shall be required to pay the | ||||||
13 | current renewal fee and to qualify for the restoration of his | ||||||
14 | or her license, subject to rules of the Department. A license | ||||||
15 | shall not be restored from inactive status unless the nail | ||||||
16 | technician or nail technology teacher requesting the | ||||||
17 | restoration completes the number of hours of continuing | ||||||
18 | education required for renewal of a license under Section 3C-8. | ||||||
19 | Any nail technician or nail technology teacher whose | ||||||
20 | license is in inactive status shall not practice in the State | ||||||
21 | of Illinois.
| ||||||
22 | (225 ILCS 410/3D-5)
| ||||||
23 | (Section scheduled to be repealed on January 1, 2016)
| ||||||
24 | Sec. 3D-5. Requisites for ownership or operation of |
| |||||||
| |||||||
1 | cosmetology,
esthetics, hair braiding, and nail technology | ||||||
2 | salons and barber shops. | ||||||
3 | (a) No person, firm, partnership, limited liability | ||||||
4 | company, or corporation
shall own or operate a cosmetology, | ||||||
5 | esthetics, hair braiding, or nail technology salon or
barber | ||||||
6 | shop or employ, rent space to, or independently contract with | ||||||
7 | any licensee under this Act without applying on forms provided | ||||||
8 | by the Department for a
certificate of registration.
| ||||||
9 | (b) The application for a certificate of registration under | ||||||
10 | this Section
shall
set forth the name, address, and telephone | ||||||
11 | number of the proposed cosmetology,
esthetics, hair braiding, | ||||||
12 | or nail technology salon or barber shop; the name, address, and
| ||||||
13 | telephone number of the person, firm, partnership, or | ||||||
14 | corporation that is to
own or operate the salon or shop; and, | ||||||
15 | if the salon or shop is to be owned or
operated by an entity | ||||||
16 | other than an individual, the name, address, and
telephone | ||||||
17 | number of the managing partner or the chief executive officer | ||||||
18 | of the
corporation or other entity that owns or operates the | ||||||
19 | salon or shop.
| ||||||
20 | (c) The Department shall be notified by the owner or | ||||||
21 | operator of a salon or
shop that is moved to a new location. If | ||||||
22 | there is a change in the ownership or
operation of a salon or | ||||||
23 | shop, the new owner or operator shall report that
change to the | ||||||
24 | Department along with completion of any additional | ||||||
25 | requirements
set forth by rule.
| ||||||
26 | (d) If a person, firm, partnership, limited liability |
| |||||||
| |||||||
1 | company, or
corporation owns or operates more than one shop or | ||||||
2 | salon, a separate
certificate of registration must be obtained | ||||||
3 | for each salon or shop.
| ||||||
4 | (e) A certificate of registration granted under this | ||||||
5 | Section may be revoked
in accordance with the provisions of | ||||||
6 | Article IV and the holder of the
certificate may be otherwise | ||||||
7 | disciplined by the Department in accordance with
rules adopted | ||||||
8 | under this Act.
| ||||||
9 | (f) The Department may promulgate rules to establish | ||||||
10 | additional
requirements for owning or operating a salon or | ||||||
11 | shop. | ||||||
12 | (g) The requirement of a certificate of registration as set | ||||||
13 | forth in this Section shall also apply to any person, firm, | ||||||
14 | partnership, limited liability company, or corporation | ||||||
15 | providing barbering, cosmetology, esthetics, hair braiding, or | ||||||
16 | nail technology services at any location not owned or rented by | ||||||
17 | such person, firm, partnership, limited liability company, or | ||||||
18 | corporation for these purposes or from a mobile shop or salon. | ||||||
19 | Notwithstanding any provision of this Section, applicants for a | ||||||
20 | certificate of registration under this subsection (g) shall | ||||||
21 | report in its application the address and telephone number of | ||||||
22 | its office and shall not be required to report the location | ||||||
23 | where services are or will be rendered. Nothing in this | ||||||
24 | subsection (g) shall apply to a sole proprietor who has no | ||||||
25 | employees or contractors and is not operating a mobile shop or | ||||||
26 | salon.
|
| |||||||
| |||||||
1 | (Source: P.A. 96-1246, eff. 1-1-11.)
| ||||||
2 | (225 ILCS 410/3E-5) | ||||||
3 | (Section scheduled to be repealed on January 1, 2016) | ||||||
4 | Sec. 3E-5. License renewal. To renew a license issued under | ||||||
5 | this Article, an individual must produce proof of successful | ||||||
6 | completion of 10 hours of continuing education for a hair | ||||||
7 | braider license and 20 hours of continuing education for a hair | ||||||
8 | braiding teacher license. | ||||||
9 | A license that has been expired for more than 5 years may | ||||||
10 | be restored by payment of the restoration fee and submitting | ||||||
11 | evidence satisfactory to the Department of the current | ||||||
12 | qualifications and fitness of the licensee, which shall include | ||||||
13 | completion of continuing education hours for the period | ||||||
14 | subsequent to expiration. The Department may establish | ||||||
15 | additional rules for the administration of this Section and | ||||||
16 | other requirements for the renewal of a hair braider or hair | ||||||
17 | braiding teacher license issued under this Act.
| ||||||
18 | (Source: P.A. 96-1246, eff. 1-1-11 .)
| ||||||
19 | (225 ILCS 410/3E-7 new) | ||||||
20 | Sec. 3E-7. Inactive status. Any hair braider or hair | ||||||
21 | braiding teacher who notifies the Department in writing on | ||||||
22 | forms prescribed by the Department may elect to place his or | ||||||
23 | her license on inactive status and shall, subject to rules of | ||||||
24 | the Department, be excused from payment of renewal fees until |
| |||||||
| |||||||
1 | he or she notifies the Department in writing of his or her | ||||||
2 | desire to resume active status. | ||||||
3 | Any hair braider or hair braiding teacher requesting | ||||||
4 | restoration from inactive status shall be required to pay the | ||||||
5 | current renewal fee and to qualify for the restoration of his | ||||||
6 | or her license, subject to rules of the Department. A license | ||||||
7 | shall not be restored from inactive status unless the hair | ||||||
8 | braider or hair braiding teacher requesting the restoration | ||||||
9 | completes the number of hours of continuing education required | ||||||
10 | for renewal of a license under Section 3E-5. | ||||||
11 | Any hair braider or hair braiding teacher whose license is | ||||||
12 | in inactive status shall not practice in the State of Illinois.
| ||||||
13 | (225 ILCS 410/4-2) (from Ch. 111, par. 1704-2)
| ||||||
14 | (Section scheduled to be repealed on January 1, 2016)
| ||||||
15 | Sec. 4-2. The Barber, Cosmetology, Esthetics, Hair | ||||||
16 | Braiding, and Nail Technology
Board. There is established | ||||||
17 | within the Department the Barber,
Cosmetology, Esthetics, Hair | ||||||
18 | Braiding, and Nail Technology Board, composed of 11
persons, | ||||||
19 | which shall serve in an advisory capacity to the Secretary
in | ||||||
20 | all matters related to the practice of barbering, cosmetology,
| ||||||
21 | esthetics, hair braiding, and nail technology.
| ||||||
22 | The 11 members of the Board shall be appointed as follows: | ||||||
23 | 6 licensed
cosmetologists, all of whom hold a
current license | ||||||
24 | as a cosmetologist or cosmetology teacher and, for appointments
| ||||||
25 | made
after the effective date of this amendatory Act of 1996, |
| |||||||
| |||||||
1 | at least
2 of whom shall be an owner of or a major stockholder | ||||||
2 | in a school
of cosmetology,
2 of whom shall be representatives | ||||||
3 | of either a franchiser or an owner operating salons in 2 or | ||||||
4 | more locations within the State, one of whom shall be
an | ||||||
5 | independent salon owner,
and no one of the
cosmetologist | ||||||
6 | members shall be a manufacturer, jobber, or stockholder in a
| ||||||
7 | factory of
cosmetology articles or an immediate family member | ||||||
8 | of any of the above; one of
whom shall be a barber holding a | ||||||
9 | current license; one member who shall be a
licensed esthetician | ||||||
10 | or esthetics teacher; one member who shall be a licensed
nail | ||||||
11 | technician or nail technology teacher; one member who shall be | ||||||
12 | a licensed hair braider or hair braiding teacher; and one | ||||||
13 | public member who holds no
licenses issued by the Department. | ||||||
14 | The Secretary shall give due consideration for membership to
| ||||||
15 | recommendations by members of the professions and by their | ||||||
16 | professional
organizations. Members shall serve 4 year terms | ||||||
17 | and until their successors
are appointed and qualified. No | ||||||
18 | member shall be reappointed to the Board for more than 2
terms. | ||||||
19 | Appointments to fill vacancies shall be made in the same manner | ||||||
20 | as
original appointments for the unexpired portion of the | ||||||
21 | vacated term. Members
of
the Board in office on the effective | ||||||
22 | date of this amendatory Act of
1996
shall continue to serve for | ||||||
23 | the duration of the terms to which they have been
appointed, | ||||||
24 | but beginning on that effective date all appointments of | ||||||
25 | licensed
cosmetologists and barbers to serve as members of the | ||||||
26 | Board shall be made
in a manner that will effect at the |
| |||||||
| |||||||
1 | earliest possible date the changes made by
this amendatory Act | ||||||
2 | of 1996 in the representative composition of
the
Board.
| ||||||
3 | For the initial appointment of a member who shall be a hair | ||||||
4 | braider or hair braiding teacher to the Board, such individual | ||||||
5 | shall not be required to possess a license at the time of | ||||||
6 | appointment, but shall have at least 5 years active practice in | ||||||
7 | the field of hair braiding and shall obtain a license as a hair | ||||||
8 | braider or a hair braiding teacher within 18 months after | ||||||
9 | appointment to the Board. | ||||||
10 | Six members of the Board shall constitute a quorum. A
| ||||||
11 | majority is required for Board decisions.
| ||||||
12 | The Board shall elect a chairperson and a vice chairperson | ||||||
13 | annually. | ||||||
14 | Board members are not liable for their acts, omissions, | ||||||
15 | decisions, or other conduct in connection with their duties on | ||||||
16 | the Board, except those determined to be willful, wanton, or | ||||||
17 | intentional misconduct. | ||||||
18 | Whenever the Secretary is satisfied that substantial | ||||||
19 | justice has
not been done in an examination, the Secretary may | ||||||
20 | order a reexamination by the
same or other examiners.
| ||||||
21 | (Source: P.A. 96-1246, eff. 1-1-11.)
| ||||||
22 | (225 ILCS 410/4-5) (from Ch. 111, par. 1704-5)
| ||||||
23 | (Section scheduled to be repealed on January 1, 2016)
| ||||||
24 | Sec. 4-5. Fees ; time limitations .
| ||||||
25 | (a) Except as provided in paragraph (b) below, the fees for |
| |||||||
| |||||||
1 | the
administration and enforcement of this Act, including but | ||||||
2 | not limited
to fees for original licensure, renewal, and
| ||||||
3 | restoration shall be set by the Department by rule. The fees | ||||||
4 | shall
not be refundable.
| ||||||
5 | (b) Applicants for examination shall be required to pay, | ||||||
6 | either
to the Department or the designated testing service, a | ||||||
7 | fee covering
the cost of initial screening to determine | ||||||
8 | eligibility and providing
the examination. Failure to appear | ||||||
9 | for the examination on the scheduled
date at the time and place | ||||||
10 | specified, after the applicant's application
for examination | ||||||
11 | has been received and acknowledged by the Department
or the | ||||||
12 | designated testing service, shall result in the forfeiture of | ||||||
13 | the
examination fee.
| ||||||
14 | (c) If an applicant fails to pass an examination for
| ||||||
15 | licensure under
this Act within 3 years after filing his | ||||||
16 | application, the application shall
be denied. However, such | ||||||
17 | applicant may thereafter make a new application
for examination | ||||||
18 | accompanied by the required fee.
| ||||||
19 | (d) An individual applying on the basis of endorsement or | ||||||
20 | restoration of
licensure has 3 years from the date of | ||||||
21 | application to complete the
application process. If the process | ||||||
22 | has not been completed in 3 years,
the application shall be | ||||||
23 | denied, the fee forfeited. The
applicant may reapply, but shall | ||||||
24 | meet the requirements in effect at the
time of reapplication.
| ||||||
25 | (e) An applicant has one year from the date of notification | ||||||
26 | of
successful completion of the examination to apply to the |
| |||||||
| |||||||
1 | Department for a
license. If an applicant fails to apply within | ||||||
2 | one year the applicant
shall be required to take and pass the | ||||||
3 | examination again.
| ||||||
4 | (Source: P.A. 89-387, eff. 1-1-96 .)
| ||||||
5 | (225 ILCS 410/4-7) (from Ch. 111, par. 1704-7)
| ||||||
6 | (Section scheduled to be repealed on January 1, 2016)
| ||||||
7 | Sec. 4-7. Refusal, suspension and revocation of licenses; | ||||||
8 | causes;
disciplinary action. | ||||||
9 | (1) The Department may refuse to issue or renew, and
may | ||||||
10 | suspend, revoke, place on probation, reprimand or take any | ||||||
11 | other
disciplinary or non-disciplinary action as the | ||||||
12 | Department may deem proper, including civil
penalties not to | ||||||
13 | exceed $500 for each violation, with regard to any
license for | ||||||
14 | any one, or any combination, of
the
following causes:
| ||||||
15 | a. Conviction of any crime
under the laws of the United | ||||||
16 | States or any state or territory thereof that
is (i) a | ||||||
17 | felony, (ii) a misdemeanor, an essential element
of which | ||||||
18 | is dishonesty, or (iii) a crime which is related to the | ||||||
19 | practice of
the profession.
| ||||||
20 | b. Conviction of any of the violations listed in
| ||||||
21 | Section 4-20.
| ||||||
22 | c. Material misstatement in furnishing information to | ||||||
23 | the Department.
| ||||||
24 | d. Making any misrepresentation for the purpose of | ||||||
25 | obtaining
a license or violating any provision of this Act |
| |||||||
| |||||||
1 | or its rules.
| ||||||
2 | e. Aiding or assisting another person in violating any | ||||||
3 | provision of this
Act or its rules.
| ||||||
4 | f. Failing, within 60 days, to provide information in | ||||||
5 | response to a
written request made by the Department.
| ||||||
6 | g. Discipline by another state, territory, or country | ||||||
7 | if at least one of
the grounds for the discipline is the | ||||||
8 | same as or substantially equivalent to
those set forth in | ||||||
9 | this Act.
| ||||||
10 | h. Practice in the barber, nail technology, esthetics, | ||||||
11 | hair braiding, or
cosmetology profession, or an attempt to | ||||||
12 | practice in those professions, by
fraudulent | ||||||
13 | misrepresentation.
| ||||||
14 | i. Gross malpractice or gross incompetency.
| ||||||
15 | j. Continued practice by a person knowingly having an
| ||||||
16 | infectious
or contagious disease.
| ||||||
17 | k. Solicitation of professional services by using | ||||||
18 | false or
misleading advertising.
| ||||||
19 | l. A finding by the Department that the licensee, after | ||||||
20 | having his or
her license placed on probationary status, | ||||||
21 | has violated the terms of
probation.
| ||||||
22 | m. Directly or indirectly giving to or receiving from | ||||||
23 | any person, firm,
corporation, partnership or association | ||||||
24 | any fee, commission, rebate, or other
form of compensation | ||||||
25 | for any professional services not actually or personally
| ||||||
26 | rendered.
|
| |||||||
| |||||||
1 | n. Violating any of the provisions of this Act or rules | ||||||
2 | adopted
pursuant to this Act.
| ||||||
3 | o. Willfully making or filing false records or reports | ||||||
4 | relating to a
licensee's practice, including but not | ||||||
5 | limited to, false records filed with
State agencies or | ||||||
6 | departments.
| ||||||
7 | p. Habitual or excessive use
or addiction to alcohol, | ||||||
8 | narcotics, stimulants, or any other chemical agent or
drug | ||||||
9 | that results in the inability to practice with reasonable | ||||||
10 | judgment, skill
or safety.
| ||||||
11 | q. Engaging in dishonorable, unethical or | ||||||
12 | unprofessional conduct of a character likely to deceive,
| ||||||
13 | defraud, or harm the public as may be defined by rules of | ||||||
14 | the Department, or
violating
the rules of professional | ||||||
15 | conduct which may be adopted by the Department.
| ||||||
16 | r. Permitting any person to use for any unlawful or | ||||||
17 | fraudulent
purpose one's diploma or license or certificate | ||||||
18 | of registration as a
cosmetologist, nail technician, | ||||||
19 | esthetician, hair braider, or barber or cosmetology,
nail | ||||||
20 | technology, esthetics, hair braiding, or barber teacher or | ||||||
21 | salon or shop or
cosmetology clinic teacher.
| ||||||
22 | s. Being named as a perpetrator in an indicated report | ||||||
23 | by the Department
of Children and Family Services under the | ||||||
24 | Abused and Neglected Child Reporting
Act and upon proof by | ||||||
25 | clear and convincing evidence that the licensee has
caused | ||||||
26 | a child to be an abused child or neglected child as defined |
| |||||||
| |||||||
1 | in the
Abused and Neglected Child Reporting Act.
| ||||||
2 | t. Operating a salon or shop without a valid | ||||||
3 | registration. | ||||||
4 | u. Failure to complete required continuing education | ||||||
5 | hours. | ||||||
6 | (2) In rendering an order, the Secretary shall take into
| ||||||
7 | consideration the facts and circumstances involving the type of | ||||||
8 | acts
or omissions in paragraph (1) of this Section including, | ||||||
9 | but not limited to:
| ||||||
10 | (a) the extent to which public confidence in the | ||||||
11 | cosmetology, nail
technology, esthetics, hair braiding, or | ||||||
12 | barbering profession was, might have been, or may be,
| ||||||
13 | injured;
| ||||||
14 | (b) the degree of trust and dependence among the | ||||||
15 | involved parties;
| ||||||
16 | (c) the character and degree of harm which did result | ||||||
17 | or might
have resulted;
| ||||||
18 | (d) the intent or mental state of the licensee at the
| ||||||
19 | time of the acts or omissions.
| ||||||
20 | (3) The Department may shall reissue the license or | ||||||
21 | registration upon
certification by the Board that the | ||||||
22 | disciplined licensee or registrant
has complied with all of the | ||||||
23 | terms and conditions set forth in the final
order or has been | ||||||
24 | sufficiently rehabilitated to warrant the public trust.
| ||||||
25 | (4) The Department shall refuse to issue or renew or | ||||||
26 | suspend without hearing the license or
certificate of |
| |||||||
| |||||||
1 | registration
of any person who fails to file a return, or to | ||||||
2 | pay the tax, penalty or
interest shown in a filed return, or to | ||||||
3 | pay any final assessment of tax,
penalty or interest, as | ||||||
4 | required by any tax Act administered by the
Illinois Department | ||||||
5 | of Revenue, until such time as the requirements of any
such tax | ||||||
6 | Act are satisfied as determined by the Department of Revenue.
| ||||||
7 | (5) The Department shall deny without hearing any | ||||||
8 | application for a
license or renewal of a license under this | ||||||
9 | Act by a person who has defaulted on
an educational loan | ||||||
10 | guaranteed by the Illinois Student Assistance Commission;
| ||||||
11 | however, the Department may issue or renew a license if the | ||||||
12 | person in default
has established a satisfactory repayment | ||||||
13 | record as determined by the Illinois
Student Assistance | ||||||
14 | Commission.
| ||||||
15 | (6) All fines imposed under this Section shall be paid | ||||||
16 | within 60 days after the effective date of the order imposing | ||||||
17 | the fine or in accordance with the terms set forth in the order | ||||||
18 | imposing the fine. | ||||||
19 | (Source: P.A. 98-911, eff. 1-1-15 .)
| ||||||
20 | (225 ILCS 410/4-9) (from Ch. 111, par. 1704-9)
| ||||||
21 | (Section scheduled to be repealed on January 1, 2016)
| ||||||
22 | Sec. 4-9. Practice without a license or after suspension or | ||||||
23 | revocation
thereof. | ||||||
24 | (a) If any person violates the provisions of this Act, the | ||||||
25 | Secretary
may, in the name of the People of the State of |
| |||||||
| |||||||
1 | Illinois, through the
Attorney General of the State of | ||||||
2 | Illinois, petition, for an order
enjoining such violation or | ||||||
3 | for an order enforcing compliance with
this Act. Upon the | ||||||
4 | filing of a verified petition in such court, the
court may | ||||||
5 | issue a temporary restraining order, without notice or
bond, | ||||||
6 | and may preliminarily and permanently enjoin such violation,
| ||||||
7 | and if it is established that such person has violated or is
| ||||||
8 | violating the injunction, the Court may punish the offender for
| ||||||
9 | contempt of court. Proceedings under this Section shall be in
| ||||||
10 | addition to, and not in lieu of, all other remedies and | ||||||
11 | penalties
provided by this Act.
| ||||||
12 | (b) If any person shall practice as a barber, | ||||||
13 | cosmetologist, nail
technician, hair braider, or esthetician, | ||||||
14 | or teacher thereof or cosmetology clinic teacher or hold | ||||||
15 | himself or herself out as such
without being licensed under the | ||||||
16 | provisions of this Act, any
licensee, any interested party, or | ||||||
17 | any person injured thereby
may, in addition to the Secretary, | ||||||
18 | petition for relief as provided in subsection
(a) of this | ||||||
19 | Section.
| ||||||
20 | (c) Whenever in the opinion of the Department any person , | ||||||
21 | firm, corporation, or other legal entity has violated violates
| ||||||
22 | any provision of Sections 1-7 or 3D-5 of this Act, the | ||||||
23 | Department may issue a rule to show
cause why an order to cease | ||||||
24 | and desist should not be entered against
that person, firm, | ||||||
25 | corporation, or legal entity him . The rule shall clearly set | ||||||
26 | forth the grounds relied upon by
the Department and shall |
| |||||||
| |||||||
1 | provide a period of 7 days from the date of
the rule to file an | ||||||
2 | answer to the satisfaction of the Department.
Failure to answer | ||||||
3 | to the satisfaction of the Department shall cause
an order to | ||||||
4 | cease and desist to be issued immediately.
| ||||||
5 | (Source: P.A. 98-911, eff. 1-1-15 .)
| ||||||
6 | (225 ILCS 410/4-10) (from Ch. 111, par. 1704-10)
| ||||||
7 | (Section scheduled to be repealed on January 1, 2016)
| ||||||
8 | Sec. 4-10. Refusal, suspension and revocation of
licenses; | ||||||
9 | investigations and hearing.
The Department may upon its own | ||||||
10 | motion and shall, upon the
verified complaint in writing of any | ||||||
11 | person setting forth the facts
which if proven would constitute | ||||||
12 | grounds for disciplinary action as
set forth in Section 4-7, | ||||||
13 | investigate the actions of any person
holding or claiming to | ||||||
14 | hold a license.
The Department shall, at least 30 days prior to | ||||||
15 | the date set for
the hearing, notify in writing the applicant | ||||||
16 | or the holder of that license of any charges made and shall | ||||||
17 | afford the accused person
an opportunity to be heard in person | ||||||
18 | or by counsel in reference
thereto. The Department shall
direct | ||||||
19 | the applicant or licensee to file a written answer to the Board | ||||||
20 | under
oath within 20 days after the service of the notice and | ||||||
21 | inform the applicant
or licensee that failure to file an answer | ||||||
22 | will result in default being
taken against the applicant or | ||||||
23 | licensee and that the license
may be
suspended, revoked, placed | ||||||
24 | on probationary status, or other disciplinary
action may be | ||||||
25 | taken, including limiting the scope, nature or extent of
|
| |||||||
| |||||||
1 | practice, as the Secretary may deem proper.
The written notice | ||||||
2 | may be served by the delivery of the
notice personally to the | ||||||
3 | accused person, or by mailing the notice by
registered or | ||||||
4 | certified mail to the address of record place of business last | ||||||
5 | specified by the
accused person in his last notification
to the | ||||||
6 | Department .
In case the person fails to file an answer after | ||||||
7 | receiving notice, his or
her license or certificate may, in the | ||||||
8 | discretion of the Department be
suspended, revoked, or placed | ||||||
9 | on probationary status, or the Department, may
take whatever | ||||||
10 | disciplinary action deemed proper, including limiting the
| ||||||
11 | scope, nature, or extent of the person's practice or the | ||||||
12 | imposition of a
fine, without a hearing, if the act or acts | ||||||
13 | charged constitute sufficient
grounds for such action under | ||||||
14 | this Act.
At the time and place fixed in the notice, the Board
| ||||||
15 | shall proceed to hearing of the
charges and the accused person | ||||||
16 | shall be
accorded ample opportunity to present in person or by | ||||||
17 | counsel, any
statements, testimony, evidence and arguments as | ||||||
18 | may be pertinent to
the charges or their defense. The Board may | ||||||
19 | continue a
hearing from time to time.
| ||||||
20 | (Source: P.A. 98-911, eff. 1-1-15 .)
| ||||||
21 | (225 ILCS 410/4-13) (from Ch. 111, par. 1704-13)
| ||||||
22 | (Section scheduled to be repealed on January 1, 2016)
| ||||||
23 | Sec. 4-13. Attendance of witnesses and production of
| ||||||
24 | documents. Any circuit court or any judge thereof, upon
the | ||||||
25 | application of the accused person or complainant or
of the |
| |||||||
| |||||||
1 | Department, may by order duly entered, require the
attendance | ||||||
2 | of witnesses and the production of relevant books
and papers | ||||||
3 | before the Department in any hearing relative to
the | ||||||
4 | application for or refusal, recall, suspension or
revocation of | ||||||
5 | license, and the court
or judge may compel obedience to its or | ||||||
6 | his order by
proceedings for contempt.
| ||||||
7 | (Source: P.A. 89-387, eff. 1-1-96 .)
| ||||||
8 | (225 ILCS 410/4-14) (from Ch. 111, par. 1704-14)
| ||||||
9 | (Section scheduled to be repealed on January 1, 2016)
| ||||||
10 | Sec. 4-14. Report of Board; rehearing.
The Board shall | ||||||
11 | present to the Secretary its written report
of its findings and | ||||||
12 | recommendations. A copy of such report shall be
served upon the | ||||||
13 | accused person, either personally or by registered mail as
| ||||||
14 | provided in this Section for the service of the notice | ||||||
15 | citation .
Within 20 days after such service, said accused | ||||||
16 | person may
present to the Department his or her motion in | ||||||
17 | writing for rehearing, which
written motion shall specify the | ||||||
18 | particular grounds therefor. If
said accused person shall order | ||||||
19 | and pay for a transcript of the
record as provided in this | ||||||
20 | Section, the time elapsing thereafter and
before such | ||||||
21 | transcript is ready for delivery to him or her shall not be
| ||||||
22 | counted as part of such 20 days.
Whenever the Secretary is | ||||||
23 | satisfied that substantial justice has
not been done, he or she | ||||||
24 | may order a re-hearing by the same or a
special committee. At | ||||||
25 | the expiration of the time specified for
filing a motion or a |
| |||||||
| |||||||
1 | rehearing the Secretary shall have the right to
take the action | ||||||
2 | recommended by the Board. Upon the suspension
or revocation of | ||||||
3 | his or her license a
licensee shall be required to surrender | ||||||
4 | his or her
license to the Department, and upon his or
her | ||||||
5 | failure or refusal so to do, the Department shall have the | ||||||
6 | right to seize
the same.
| ||||||
7 | (Source: P.A. 98-911, eff. 1-1-15 .)
| ||||||
8 | (225 ILCS 410/4-15) (from Ch. 111, par. 1704-15)
| ||||||
9 | (Section scheduled to be repealed on January 1, 2016)
| ||||||
10 | Sec. 4-15. Hearing officer.
Notwithstanding the | ||||||
11 | provisions of Section 4-10, the Secretary shall
have the | ||||||
12 | authority to appoint any attorney duly licensed to practice
law | ||||||
13 | in the State of Illinois to serve as the hearing officer in any
| ||||||
14 | action for refusal to issue or renew, or discipline of a
| ||||||
15 | license. The hearing officer shall have full
authority to | ||||||
16 | conduct the hearing. The hearing officer shall report
his or | ||||||
17 | her findings and recommendations to the Board and the | ||||||
18 | Secretary.
The Board shall have 60 days from receipt of the | ||||||
19 | report to
review the report of the hearing officer and present | ||||||
20 | their findings
of fact, conclusions of law, and recommendations | ||||||
21 | to the Secretary. If
the Board fails to present its report | ||||||
22 | within the 60 day period,
then the Secretary shall issue an | ||||||
23 | order based on the report of the hearing
officer. If the | ||||||
24 | Secretary disagrees in any regard with determines that the | ||||||
25 | Board's report is
contrary to the manifest weight of the |
| |||||||
| |||||||
1 | evidence , then he or she may issue an
order in contravention of | ||||||
2 | the Board's report.
| ||||||
3 | (Source: P.A. 98-911, eff. 1-1-15 .)
| ||||||
4 | (225 ILCS 410/4-16) (from Ch. 111, par. 1704-16)
| ||||||
5 | (Section scheduled to be repealed on January 1, 2016)
| ||||||
6 | Sec. 4-16. Order or certified copy; prima facie proof.
An | ||||||
7 | order of revocation or suspension or placing a license on | ||||||
8 | probationary status or other disciplinary action as the | ||||||
9 | Department may consider proper or a certified copy thereof, | ||||||
10 | over the seal
of the Department and purporting to be signed by | ||||||
11 | the Secretary, shall be
prima facie proof that:
| ||||||
12 | 1. the signature is the genuine signature of the | ||||||
13 | Secretary;
| ||||||
14 | 2. the Secretary is duly appointed and qualified;
and
| ||||||
15 | 3. the Board and the members thereof are qualified to | ||||||
16 | act.
| ||||||
17 | Such proof may be rebutted.
| ||||||
18 | (Source: P.A. 98-911, eff. 1-1-15 .)
| ||||||
19 | (225 ILCS 410/4-17) (from Ch. 111, par. 1704-17)
| ||||||
20 | (Section scheduled to be repealed on January 1, 2016)
| ||||||
21 | Sec. 4-17. Restoration of license. At any time after the | ||||||
22 | successful completion of a term of suspension or
revocation of | ||||||
23 | a license, the Department may restore it to the licensee, upon | ||||||
24 | the written recommendation of the Board , unless the Board |
| |||||||
| |||||||
1 | determines after an investigation and a hearing that | ||||||
2 | restoration is not in the public interest .
| ||||||
3 | (Source: P.A. 98-911, eff. 1-1-15 .)
| ||||||
4 | (225 ILCS 410/4-18.5 new) | ||||||
5 | Sec. 4-18.5. Citations. | ||||||
6 | (a) The Department shall adopt rules to permit the issuance | ||||||
7 | of citations for unlicensed practice, practice on an expired | ||||||
8 | license, failure to register a salon or shop, operating a salon | ||||||
9 | or shop on an expired registration, aiding and abetting | ||||||
10 | unlicensed practice, failure to display a license as required | ||||||
11 | by this Act, or any violation of sanitary rules. The citation | ||||||
12 | shall be issued to the licensee or other person alleged to have | ||||||
13 | committed one or more of the preceding violations and shall | ||||||
14 | contain the licensee's or other person's name and address, the | ||||||
15 | licensee's license number, if any, a brief factual statement, | ||||||
16 | the Sections of this Act or the rules allegedly violated, and | ||||||
17 | the penalty imposed, which shall not exceed $500. The citation | ||||||
18 | must clearly state that if the cited person wishes to dispute | ||||||
19 | the citation, he or she may request in writing, within 30 days | ||||||
20 | after the citation is served, a hearing before the Department. | ||||||
21 | If the cited person does not request a hearing within 30 days | ||||||
22 | after the citation is served, then the citation shall become a | ||||||
23 | final order and shall constitute discipline and any fine | ||||||
24 | imposed is due and payable. If the cited person requests a | ||||||
25 | hearing within 30 days after the citation is served, the |
| |||||||
| |||||||
1 | Department shall afford the cited person a hearing conducted in | ||||||
2 | the same manner as a hearing provided in this Act for any | ||||||
3 | violation of this Act and shall determine whether the cited | ||||||
4 | person committed the violation as charged and whether the fine | ||||||
5 | as levied is warranted. No fine shall be increased but may be | ||||||
6 | reduced. If the violation is found, any fine shall be due and | ||||||
7 | payable within 30 days of the order of the Secretary. Failure | ||||||
8 | to comply with any final order may subject the licensee or | ||||||
9 | unlicensed person to further discipline or other action by the | ||||||
10 | Department or a referral to the State's Attorney. | ||||||
11 | (b) A citation must be issued within 6 months after the | ||||||
12 | reporting of a violation that is the basis for the citation. | ||||||
13 | (c) Service of a citation shall be made by personal service | ||||||
14 | or certified mail to the licensee at the licensee's address of | ||||||
15 | record or to an unlicensed person at his or her last known | ||||||
16 | address. | ||||||
17 | (d) Nothing in this Section shall prohibit or limit the | ||||||
18 | Department from taking further action pursuant to this Act and | ||||||
19 | rules for additional, repeated, or continuing violations.
| ||||||
20 | (225 ILCS 410/4-25 new) | ||||||
21 | Sec. 4-25. Disposition by consent order. At any point in | ||||||
22 | any investigation or disciplinary proceeding provided for in | ||||||
23 | this Act, both parties may agree to a negotiated consent order. | ||||||
24 | The consent order shall be final upon signature of the | ||||||
25 | Secretary.
|
| |||||||
| |||||||
1 | (225 ILCS 410/1-9 rep.) | ||||||
2 | (225 ILCS 410/2-4a rep.) | ||||||
3 | (225 ILCS 410/3-8 rep.) | ||||||
4 | (225 ILCS 410/3A-7 rep.) | ||||||
5 | (225 ILCS 410/3C-9 rep.) | ||||||
6 | (225 ILCS 410/3E-4 rep.) | ||||||
7 | (225 ILCS 410/4-4a rep.) | ||||||
8 | (225 ILCS 410/4-18 rep.) | ||||||
9 | (225 ILCS 410/4-23 rep.) | ||||||
10 | Section 15. The Barber, Cosmetology, Esthetics, Hair | ||||||
11 | Braiding, and Nail
Technology Act of 1985 is amended by | ||||||
12 | repealing Sections 1-9, 2-4a, 3-8, 3A-7, 3C-9, 3E-4, 4-4a, | ||||||
13 | 4-18, and 4-23.
| ||||||
14 | Section 99. Effective date. This Act takes effect upon | ||||||
15 | becoming law.
|