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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 | Section 4.26 and by adding Section 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 Acts repealed on January 1, 2016.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8 | Acts are repealed on January 1, 2016: | ||||||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.
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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 Act repealed on January 1, 2026.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1 | Act is repealed on January 1, 2026: | ||||||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 Illinois Roofing Industry Licensing Act.
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3 | Section 10. The Illinois Roofing Industry Licensing Act is | ||||||
4 | amended by changing Sections 2, 2.1, 3, 3.5, 4.5, 5, 5.1, 5.5, | ||||||
5 | 6, 7, 9, 9.1, 9.2, 9.3, 9.4, 9.5, 9.6, 9.7, 9.8, 9.9a, 9.10, | ||||||
6 | 9.14, 9.15, 10, 10a, 11 and 11.5, and by adding Sections 11.6, | ||||||
7 | 11.7, 11.8, 11.9, and 11.10 as follows:
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8 | (225 ILCS 335/2) (from Ch. 111, par. 7502)
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9 | (Section scheduled to be repealed on January 1, 2016)
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10 | Sec. 2. Definitions. As used in this Act, unless the | ||||||
11 | context otherwise
requires:
| ||||||
12 | (a) "Licensure" means the act of obtaining or
holding a | ||||||
13 | license issued by the Department as provided in this Act.
| ||||||
14 | (b) "Department" means the Department of Financial and | ||||||
15 | Professional Regulation.
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16 | (c) " Secretary Director " means the Secretary Director of | ||||||
17 | Financial and Professional Regulation.
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18 | (d) "Person" means any individual, partnership, | ||||||
19 | corporation, business
trust, limited liability company, or | ||||||
20 | other legal entity.
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21 | (e) "Roofing contractor" is one who has the experience, | ||||||
22 | knowledge and skill to construct,
reconstruct, alter, maintain | ||||||
23 | and repair roofs and use materials and items
used in the | ||||||
24 | construction, reconstruction, alteration, maintenance and
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1 | repair of all kinds of roofing and waterproofing as related to | ||||||
2 | roofing, all in such manner to
comply with all plans, | ||||||
3 | specifications, codes, laws, and regulations
applicable | ||||||
4 | thereto, but does not include such contractor's employees to | ||||||
5 | the
extent the requirements of Section 3 of this Act apply and | ||||||
6 | extend to such
employees.
| ||||||
7 | (f) "Board" means the Roofing Advisory Board.
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8 | (g) "Qualifying party" means the individual filing as a | ||||||
9 | sole proprietor,
partner of a partnership, officer of a | ||||||
10 | corporation, trustee of a business
trust, or party of another | ||||||
11 | legal entity, who is legally qualified to act for
the business | ||||||
12 | organization in all matters connected with its roofing | ||||||
13 | contracting
business, has the authority to supervise roofing | ||||||
14 | installation operations, and
is
actively engaged in day to day | ||||||
15 | activities of the business organization.
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16 | "Qualifying party" does not apply to a seller of roofing | ||||||
17 | materials or
services when the construction, reconstruction,
| ||||||
18 | alteration, maintenance, or repair of roofing or waterproofing | ||||||
19 | is to be
performed by a person other than the seller or the | ||||||
20 | seller's
employees.
| ||||||
21 | (h) "Limited roofing license" means a license made | ||||||
22 | available to
contractors whose roofing business is limited to | ||||||
23 | roofing
residential properties consisting of 8 units or less.
| ||||||
24 | (i) "Unlimited roofing license" means a license made | ||||||
25 | available to
contractors whose roofing business is unlimited in | ||||||
26 | nature and includes roofing
on residential, commercial, and |
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| |||||||
1 | industrial properties.
| ||||||
2 | (j) "Seller of services or materials" means a business | ||||||
3 | entity primarily engaged in the sale of tangible personal | ||||||
4 | property at retail. | ||||||
5 | (k) "Building permit" means a permit issued by a unit of | ||||||
6 | local government for work performed within the local | ||||||
7 | government's jurisdiction that requires a license under this | ||||||
8 | Act. | ||||||
9 | (l) "Address of record" means the designated address | ||||||
10 | recorded by the Department in the applicant's or licensee's | ||||||
11 | application file or license file as maintained by the | ||||||
12 | Department's licensure maintenance unit. It is the duty of the | ||||||
13 | applicant or licensee to inform the Department of any change of | ||||||
14 | address, and those changes must be made either through the | ||||||
15 | Department's website or by contacting the Department. | ||||||
16 | (Source: P.A. 96-624, eff. 1-1-10; 97-965, eff. 8-15-12.)
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17 | (225 ILCS 335/2.1) (from Ch. 111, par. 7502.1)
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18 | (Section scheduled to be repealed on January 1, 2016)
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19 | Sec. 2.1. Administration of Act; rules and forms. The | ||||||
20 | Department may exercise the following powers and
duties subject | ||||||
21 | to the provisions of this Act: | ||||||
22 | (a) The Department shall exercise the powers and duties | ||||||
23 | prescribed by the Civil Administrative Code of Illinois for the | ||||||
24 | administration of licensing Acts and shall exercise such other | ||||||
25 | powers and duties necessary for effectuating the purposes of |
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| |||||||
1 | this Act To prescribe forms of application for certificates of | ||||||
2 | registration .
| ||||||
3 | (b) The Secretary may adopt rules consistent with the | ||||||
4 | provisions of this Act for the administration and enforcement | ||||||
5 | of this Act and for the payment of fees connected with this Act | ||||||
6 | and may prescribe forms that shall be issued in connection with | ||||||
7 | this Act. The rules may include, but not be limited to, the | ||||||
8 | standards and criteria for licensure and professional conduct | ||||||
9 | and discipline and the standards and criteria used when | ||||||
10 | determining fitness to practice. The Department may consult | ||||||
11 | with the Board in adopting rules To pass upon the | ||||||
12 | qualifications of applicants for certificates of
registration | ||||||
13 | and issue certificates of registration to those found to be
fit | ||||||
14 | and qualified .
| ||||||
15 | (c) The Department may, at any time, seek the advice and | ||||||
16 | the expert knowledge of the Board on any matter relating to the | ||||||
17 | administration of this Act To conduct hearings on proceedings | ||||||
18 | to revoke, suspend or otherwise
discipline or to refuse to | ||||||
19 | issue or renew certificates of registration .
| ||||||
20 | (d) (Blank) To formulate rules and regulations when | ||||||
21 | required for the administration
and enforcement of this Act .
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22 | (Source: P.A. 89-387, eff. 1-1-96 .)
| ||||||
23 | (225 ILCS 335/3) (from Ch. 111, par. 7503)
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24 | (Section scheduled to be repealed on January 1, 2016)
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25 | Sec. 3. Application for license.
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1 | (1) To obtain a license, an applicant must indicate if the | ||||||
2 | license
is sought for a sole proprietorship, partnership, | ||||||
3 | corporation, business trust,
or other legal entity and whether | ||||||
4 | the application is for a limited or unlimited
roofing license. | ||||||
5 | If the license is sought for a sole proprietorship, the
license | ||||||
6 | shall be issued to the sole proprietor who shall also be | ||||||
7 | designated as the
qualifying party. If the license is sought | ||||||
8 | for a partnership, corporation,
business trust, or other legal | ||||||
9 | entity, the license shall be issued in the
company name. A | ||||||
10 | company must designate one individual who will serve as a
| ||||||
11 | qualifying party. The qualifying party is the individual who | ||||||
12 | must take the
examination required under Section 3.5. The | ||||||
13 | company shall submit an
application in writing to the | ||||||
14 | Department on a form containing the information
prescribed by | ||||||
15 | the Department and accompanied by the fee fixed by the
| ||||||
16 | Department. The application shall include, but shall not be | ||||||
17 | limited to:
| ||||||
18 | (a) the name and address of the person designated as | ||||||
19 | the qualifying party
responsible for the practice of | ||||||
20 | professional roofing in Illinois;
| ||||||
21 | (b) the name of the sole proprietorship and its sole | ||||||
22 | proprietor, the name of the
partnership and its partners, | ||||||
23 | the name of the corporation and its
officers , shareholders, | ||||||
24 | and directors, the name of the business trust and its | ||||||
25 | trustees, or the
name of such other legal entity and its | ||||||
26 | members;
|
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| |||||||
1 | (c) evidence of
compliance with any statutory | ||||||
2 | requirements pertaining to such legal entity,
including | ||||||
3 | compliance with the Assumed Business Name Act; and any laws | ||||||
4 | pertaining to the use of fictitious names,
if a fictitious | ||||||
5 | name is used; if the business is a sole proprietorship and
| ||||||
6 | doing business under a name other than that of the | ||||||
7 | individual proprietor, the
individual proprietor must list | ||||||
8 | all business names used for that
proprietorship. | ||||||
9 | (d) a signed irrevocable uniform consent to service of | ||||||
10 | process form provided by the Department.
| ||||||
11 | (1.5) (Blank). A certificate issued by the Department | ||||||
12 | before the effective date of
this
amendatory Act of the 91st | ||||||
13 | General Assembly shall be deemed a license for
the purposes of | ||||||
14 | this
Act.
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15 | (2) An applicant for a license must submit satisfactory
| ||||||
16 | evidence that:
| ||||||
17 | (a) he or she has obtained public liability and | ||||||
18 | property damage
insurance in such amounts and under such | ||||||
19 | circumstances as may be determined by
the Department;
| ||||||
20 | (b) he or she has obtained Workers' Compensation | ||||||
21 | insurance for roofing covering
his or her employees or is | ||||||
22 | approved as a self-insurer of Workers'
Compensation in
| ||||||
23 | accordance with Illinois law;
| ||||||
24 | (c) he or she has an unemployment insurance employer | ||||||
25 | account number issued by the Department of Employment | ||||||
26 | Security, and he or she is not delinquent in the payment of |
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| |||||||
1 | any amount due under the Unemployment Insurance Act;
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2 | (d) he or she has submitted a continuous bond to the | ||||||
3 | Department in the
amount
of
$10,000 for a limited license | ||||||
4 | and in the amount of $25,000 for an unlimited
license; and
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5 | (e) a qualifying party has satisfactorily completed | ||||||
6 | the examination
required under Section 3.5.
| ||||||
7 | (3) It is the ongoing responsibility of the licensee to | ||||||
8 | provide to the Department
notice in writing of any changes in | ||||||
9 | the information required to be provided on
the application.
| ||||||
10 | (4) (Blank). All roofing contractors must designate a | ||||||
11 | qualifying party and
otherwise achieve compliance with this Act | ||||||
12 | no later than July 1, 2003 or his or
her license will | ||||||
13 | automatically expire on July 1, 2003.
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14 | (5) Nothing in this Section shall apply to a seller of | ||||||
15 | roofing materials
or services when the construction, | ||||||
16 | reconstruction,
alteration, maintenance, or repair of roofing | ||||||
17 | or waterproofing is to be
performed by a person other than the | ||||||
18 | seller or the seller's
employees.
| ||||||
19 | (6) Applicants have 3 years from the date of application to | ||||||
20 | complete the
application process. If the application has not | ||||||
21 | been completed within 3 years,
the application shall be denied, | ||||||
22 | the fee shall be forfeited and the applicant
must reapply and | ||||||
23 | meet the requirements in effect at the time of
reapplication.
| ||||||
24 | (Source: P.A. 98-838, eff. 1-1-15 .)
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25 | (225 ILCS 335/3.5)
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| |||||||
1 | (Section scheduled to be repealed on January 1, 2016)
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2 | Sec. 3.5. Examinations Examination .
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3 | (a) The Department shall authorize examinations for | ||||||
4 | applicants for
initial licensure licenses at the time and place | ||||||
5 | it may
designate. The examinations shall be of a character to | ||||||
6 | fairly test the
competence and qualifications of applicants to | ||||||
7 | act as roofing contractors.
Each applicant for limited licenses | ||||||
8 | shall designate a qualifying party who
shall
take an | ||||||
9 | examination, the technical
portion of which shall cover | ||||||
10 | residential roofing practices. Each applicant for
an
unlimited | ||||||
11 | license shall designate a qualifying party who shall take an
| ||||||
12 | examination, the technical portion of which
shall cover | ||||||
13 | residential, commercial, and industrial roofing practices. | ||||||
14 | Both examinations shall cover Illinois jurisprudence as it | ||||||
15 | relates to roofing practice.
| ||||||
16 | (b) An applicant for a limited license or an unlimited | ||||||
17 | license or a
qualifying party designated by an applicant for a | ||||||
18 | limited license or unlimited
license
shall pay, either to the | ||||||
19 | Department or the
designated testing service, a fee established | ||||||
20 | by the Department to cover the
cost of providing the | ||||||
21 | examination. Failure of the individual scheduled
to appear for | ||||||
22 | the
examination on
the scheduled date at the time and place | ||||||
23 | specified , after the applicant's his or her application
for | ||||||
24 | examination has been received and acknowledged by the | ||||||
25 | Department
or the designated testing service , shall result in | ||||||
26 | forfeiture of the examination
fee.
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| |||||||
1 | (c) The
qualifying party for an
applicant for a new license | ||||||
2 | must have passed an examination authorized by
the Department
| ||||||
3 | before
the Department may issue a license.
| ||||||
4 | (d) The application for a license as a corporation, | ||||||
5 | business trust, or other legal entity submitted by a sole | ||||||
6 | proprietor who is currently licensed under this Act and exempt | ||||||
7 | from the examination requirement of this Section shall not be | ||||||
8 | considered an application for initial licensure for the | ||||||
9 | purposes of this subsection (d) if the sole proprietor is named | ||||||
10 | in the application as the qualifying party and is the sole | ||||||
11 | owner of the legal entity. Upon issuance of a license to the | ||||||
12 | new legal entity, the sole proprietorship license is | ||||||
13 | terminated. | ||||||
14 | The application for initial licensure as a partnership, | ||||||
15 | corporation, business trust, or other legal entity submitted by | ||||||
16 | a currently licensed partnership, corporation, business trust, | ||||||
17 | or other legal entity shall not be considered an application | ||||||
18 | for initial licensure for the purposes of this subsection (d) | ||||||
19 | if the entity's current qualifying party is exempt from the | ||||||
20 | examination requirement of this Section, that qualifying party | ||||||
21 | is named as the new legal entity's qualifying party, and the | ||||||
22 | majority of ownership in the new legal entity remains the same | ||||||
23 | as the currently licensed entity. Upon issuance of a license to | ||||||
24 | the new legal entity under this subsection (d), the former | ||||||
25 | license issued to the applicant is terminated.
| ||||||
26 | (e) An applicant has 3 years after the date of his or her |
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| |||||||
1 | application to complete
the application process. If the process | ||||||
2 | has not been completed within 3 years,
the application shall be | ||||||
3 | denied, the fee shall be forfeited, and the applicant
must | ||||||
4 | reapply and meet the requirements in effect at the time of
| ||||||
5 | reapplication.
| ||||||
6 | (Source: P.A. 95-303, eff. 1-1-08; 96-624, eff. 1-1-10.)
| ||||||
7 | (225 ILCS 335/4.5)
| ||||||
8 | (Section scheduled to be repealed on January 1, 2016)
| ||||||
9 | Sec. 4.5. Duties of qualifying party; replacement; grounds | ||||||
10 | for discipline. | ||||||
11 | (a) While engaged as or
named as a
qualifying party for a | ||||||
12 | licensee, no person
may be the named qualifying party for any | ||||||
13 | other licensee.
However, the person may act in the capacity of | ||||||
14 | the qualifying party for
one additional licensee of the same | ||||||
15 | type of licensure if one of the following
conditions exists:
| ||||||
16 | (1) there There is a common ownership of at least 25% | ||||||
17 | of each licensed entity
for
which the person acts as a | ||||||
18 | qualifying party ; or .
| ||||||
19 | (2) the The same person acts as a qualifying party
for | ||||||
20 | one licensed entity and its licensed subsidiary.
| ||||||
21 | "Subsidiary" as used in this Section means a corporation of | ||||||
22 | which at least
25% is owned by another licensee.
| ||||||
23 | (b) Upon the loss of In the event that a qualifying party | ||||||
24 | who is not replaced is terminated or terminating his or her
| ||||||
25 | status
as qualifying party of a licensee , the qualifying party |
| |||||||
| |||||||
1 | or and the licensee , or both, shall
notify the Department of | ||||||
2 | that fact in writing. Thereafter, the licensee shall
notify the | ||||||
3 | Department of the name and address of the newly designated
| ||||||
4 | qualifying party. The newly designated qualifying party must | ||||||
5 | take and pass the
examination prescribed in Section 3.5 of this | ||||||
6 | Act ; however, a newly designated qualifying party is exempt | ||||||
7 | from the examination requirement until January 1, 2012 if he or | ||||||
8 | she has acted in the capacity of a roofing contractor for a | ||||||
9 | period of at least 15 years for the licensee for which he or | ||||||
10 | she seeks to be the qualifying party . These
requirements shall | ||||||
11 | be met in a timely manner as established by rule of the
| ||||||
12 | Department. | ||||||
13 | (c) A qualifying party that is accepted by the Department | ||||||
14 | shall have the authority to act for the licensed entity in all | ||||||
15 | matters connected with its roofing contracting business and to | ||||||
16 | supervise roofing installation operations. This authority | ||||||
17 | shall not be deemed to be a license for purposes of this Act. | ||||||
18 | (d) Designation of a qualifying party by an applicant under | ||||||
19 | this Section and Section 3 is subject to acceptance by the | ||||||
20 | Department. The Department may refuse to accept a qualifying | ||||||
21 | party (i) for failure to qualify as required under this Act and | ||||||
22 | the rules adopted under this Act or (ii) after making a | ||||||
23 | determination that the designated party has a history of acting | ||||||
24 | illegally, fraudulently, incompetently, or with gross | ||||||
25 | negligence in the roofing or construction business. | ||||||
26 | (e) The Department may, at any time after giving |
| |||||||
| |||||||
1 | appropriate notice and the opportunity for a hearing, suspend | ||||||
2 | or revoke its acceptance of a qualifying party designated by a | ||||||
3 | licensee for any act or failure to act that gives rise to any | ||||||
4 | ground for disciplinary action against that licensee under | ||||||
5 | Section 9.1 or 9.6 of this Act and the rules adopted under this | ||||||
6 | Act . If the Department suspends or revokes its acceptance of a | ||||||
7 | qualifying party, the license of the licensee shall be deemed | ||||||
8 | to be suspended until a new qualifying party has been | ||||||
9 | designated by the licensee and accepted by the Department. | ||||||
10 | If acceptance of a qualifying party is suspended or revoked | ||||||
11 | for action or inaction that constitutes a violation of this Act | ||||||
12 | or the rules adopted under this Act, the Department may in | ||||||
13 | addition take such other disciplinary or non-disciplinary | ||||||
14 | action as it may deem proper, including imposing a fine on the | ||||||
15 | qualifying party, not to exceed $10,000 for each violation. | ||||||
16 | All administrative decisions of the Department under this | ||||||
17 | subsection (e) are subject to judicial review pursuant to | ||||||
18 | Section 9.7 of this Act. An order taking action against a | ||||||
19 | qualifying party shall be deemed a final administrative | ||||||
20 | decision of the Department for purposes of Section 9.7 of this | ||||||
21 | Act.
| ||||||
22 | (Source: P.A. 96-624, eff. 1-1-10.)
| ||||||
23 | (225 ILCS 335/5) (from Ch. 111, par. 7505)
| ||||||
24 | (Section scheduled to be repealed on January 1, 2016)
| ||||||
25 | Sec. 5. Display of license number; building permits; |
| |||||||
| |||||||
1 | advertising.
| ||||||
2 | (a) Each State licensed roofing contractor shall
affix the | ||||||
3 | roofing contractor license number and the licensee's name, as | ||||||
4 | it appears on the license, to all of his
or
her contracts and | ||||||
5 | bids. In
addition, the official issuing building permits shall | ||||||
6 | affix the
roofing contractor license number to each application | ||||||
7 | for a building permit
and on
each building permit issued and | ||||||
8 | recorded.
| ||||||
9 | (a-3) A municipality or a county that requires a building | ||||||
10 | permit may not issue a building permit to a roofing
contractor | ||||||
11 | unless that contractor has provided sufficient proof of current | ||||||
12 | licensure that he or she
is licensed currently as a roofing | ||||||
13 | contractor by the State. Holders of an unlimited roofing | ||||||
14 | license may be issued permits for residential, commercial, and | ||||||
15 | industrial roofing projects. Holders of a limited roofing | ||||||
16 | license are restricted to permits for work on residential | ||||||
17 | properties consisting of 8 units or less. | ||||||
18 | (a-5) A person who knowingly, in the course of applying for | ||||||
19 | a building permit with a unit of local government, provides the | ||||||
20 | roofing license number or name of a roofing contractor whom | ||||||
21 | that person he or she does not intend to have perform the work | ||||||
22 | on the roofing portion of the project commits identity theft | ||||||
23 | under paragraph (8) of subsection (a) of Section 16-30 of the | ||||||
24 | Criminal Code of 2012. | ||||||
25 | (a-10) A building permit applicant must present a | ||||||
26 | government-issued identification along with the building |
| |||||||
| |||||||
1 | permit application. Except for the name of the individual, all | ||||||
2 | other personal information contained in the government-issued | ||||||
3 | identification shall be exempt from disclosure under | ||||||
4 | subsection (c) of Section 7 of the Freedom of Information Act. | ||||||
5 | The official issuing the building permit shall maintain the | ||||||
6 | name and identification number, as it appears on the | ||||||
7 | government-issued identification, in the building permit | ||||||
8 | application file. It is not necessary that the building permit | ||||||
9 | applicant be the qualifying party. This subsection shall not | ||||||
10 | apply to a county or municipality whose building permit process | ||||||
11 | occurs through electronic means. | ||||||
12 | (b) (Blank).
| ||||||
13 | (c) Every holder of a license shall
display it in a
| ||||||
14 | conspicuous place in the licensee's his or her principal | ||||||
15 | office, place of business, or place
of employment.
| ||||||
16 | (d) No person licensed under this Act may advertise | ||||||
17 | services regulated by
this Act unless that person includes in | ||||||
18 | the advertisement the roofing contractor license number and the | ||||||
19 | licensee's name, as it appears on the license. Nothing | ||||||
20 | contained in this subsection requires the publisher of
| ||||||
21 | advertising for roofing contractor services to investigate or | ||||||
22 | verify the
accuracy of the
license number provided by the | ||||||
23 | licensee.
| ||||||
24 | (e) A person who advertises services regulated by this Act | ||||||
25 | who knowingly (i)
fails to display the license number and the | ||||||
26 | licensee's name, as it appears on the license, in any manner |
| |||||||
| |||||||
1 | required by this Section,
(ii) fails to provide a publisher | ||||||
2 | with the correct license number as required
by subsection (d), | ||||||
3 | or (iii) provides a publisher with a false license number or
a | ||||||
4 | license number of another person, or a person who knowingly | ||||||
5 | allows the licensee's his or her
license number to be displayed | ||||||
6 | or used by another person to circumvent any
provisions of this | ||||||
7 | Section, is guilty of a Class A misdemeanor with a fine of
| ||||||
8 | $1,000, and, in addition, is subject to the administrative | ||||||
9 | enforcement
provisions of this Act.
Each day that an | ||||||
10 | advertisement runs or each day that a person knowingly allows | ||||||
11 | the licensee's
his or her license to be displayed or used in | ||||||
12 | violation of this Section
constitutes a separate offense.
| ||||||
13 | (Source: P.A. 96-624, eff. 1-1-10; 96-1324, eff. 7-27-10; | ||||||
14 | 97-235, eff. 1-1-12; 97-597, eff. 1-1-12; 97-965, eff. 8-15-12; | ||||||
15 | 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13.)
| ||||||
16 | (225 ILCS 335/5.1) | ||||||
17 | (Section scheduled to be repealed on January 1, 2016) | ||||||
18 | Sec. 5.1. Commercial vehicles. Any entity offering | ||||||
19 | services regulated by the Roofing Industry Licensing Act shall | ||||||
20 | affix the
roofing
contractor license number and the licensee's | ||||||
21 | name, as it appears on the license, on all commercial vehicles | ||||||
22 | used in offering such services. An entity in violation of this | ||||||
23 | Section shall be subject to a $250 civil penalty. This Section | ||||||
24 | may be enforced by local code enforcement officials employed by | ||||||
25 | units of local government as it relates to roofing work being |
| |||||||
| |||||||
1 | performed within the boundaries of their jurisdiction. For | ||||||
2 | purposes of this Section, "code enforcement official" means an | ||||||
3 | officer or other designated authority charged with the | ||||||
4 | administration, interpretation, and enforcement of codes on | ||||||
5 | behalf of a municipality or county. If the alleged violation | ||||||
6 | has been corrected prior to or on the date of the hearing | ||||||
7 | scheduled to adjudicate the alleged violation, the violation it | ||||||
8 | shall be dismissed.
| ||||||
9 | (Source: P.A. 97-235, eff. 1-1-12.)
| ||||||
10 | (225 ILCS 335/5.5)
| ||||||
11 | (Section scheduled to be repealed on January 1, 2016)
| ||||||
12 | Sec. 5.5. Contracts. A roofing contractor, when signing a | ||||||
13 | contract, must
provide a land-based phone number and a street | ||||||
14 | address other than a
post office box
at which the roofing | ||||||
15 | contractor he or she may be contacted.
| ||||||
16 | (Source: P.A. 91-950, eff. 2-9-01 .)
| ||||||
17 | (225 ILCS 335/6) (from Ch. 111, par. 7506)
| ||||||
18 | (Section scheduled to be repealed on January 1, 2016)
| ||||||
19 | Sec. 6. Expiration and renewal ; inactive status; | ||||||
20 | restoration ; renewal .
| ||||||
21 | (a) The expiration date and renewal period for each | ||||||
22 | certificate of registration issued under this Act shall be set | ||||||
23 | by the Department by rule. | ||||||
24 | (b) A licensee who has permitted his or her license to |
| |||||||
| |||||||
1 | expire or whose license is on inactive status may have his or | ||||||
2 | her license restored by making application to the Department in | ||||||
3 | the form and manner prescribed by the Department.
| ||||||
4 | (c) A licensee who notifies the Department in writing on | ||||||
5 | forms prescribed by the Department may elect to place his or | ||||||
6 | her license on inactive status and shall, subject to rules of | ||||||
7 | the Department, be excused from payment of renewal fees until | ||||||
8 | he or she notifies the Department in writing of his or her | ||||||
9 | desire to resume active status. | ||||||
10 | (d) A licensee whose license expired while he or she was | ||||||
11 | (1) on active duty with the Armed Forces of the United States | ||||||
12 | or the State Militia called into service or training or (2) in | ||||||
13 | training or education under the supervision of the United | ||||||
14 | States preliminary to induction into the military service, may | ||||||
15 | have his or her license renewed or restored without paying any | ||||||
16 | lapsed renewal fees if, within 2 years after termination of | ||||||
17 | such service, training, or education, except under conditions | ||||||
18 | other than honorable, he or she furnishes the Department with | ||||||
19 | satisfactory evidence to the effect that he or she has been so | ||||||
20 | engaged and that his or her service, training, or education has | ||||||
21 | been so terminated. | ||||||
22 | (e) A roofing contractor whose license is expired or on | ||||||
23 | inactive status shall not practice under this Act in the State | ||||||
24 | of Illinois. | ||||||
25 | (Source: P.A. 95-303, eff. 1-1-08.)
|
| |||||||
| |||||||
1 | (225 ILCS 335/7) (from Ch. 111, par. 7507)
| ||||||
2 | (Section scheduled to be repealed on January 1, 2016)
| ||||||
3 | Sec. 7. Fees. The fees for the administration and | ||||||
4 | enforcement of this Act, including, but not limited to, | ||||||
5 | original certification, renewal, and restoration of a license | ||||||
6 | issued under this Act, shall be set by rule. The fees shall be | ||||||
7 | nonrefundable. (1) The initial application fee for a | ||||||
8 | certificate shall be fixed
by the Department by rule. (2) All | ||||||
9 | other fees not set forth herein shall be fixed by rule. (3) | ||||||
10 | (Blank). (4) (Blank). (5) (Blank). (6) All fees , penalties, and | ||||||
11 | fines collected under this Act shall be deposited into
the | ||||||
12 | General Professions Dedicated Fund and shall be appropriated to | ||||||
13 | the Department for the ordinary and contingent expenses of the | ||||||
14 | Department in the administration of this Act .
| ||||||
15 | (Source: P.A. 94-254, eff. 7-19-05.)
| ||||||
16 | (225 ILCS 335/9) (from Ch. 111, par. 7509)
| ||||||
17 | (Section scheduled to be repealed on January 1, 2016)
| ||||||
18 | Sec. 9. Licensure requirement.
| ||||||
19 | (1) It is unlawful for any person to engage in the business | ||||||
20 | or
act in the capacity of or hold himself , or herself , or | ||||||
21 | itself out in any manner as a
roofing contractor without having | ||||||
22 | been duly licensed under
the provisions of
this Act.
| ||||||
23 | (2) No work involving the construction, reconstruction, | ||||||
24 | alteration,
maintenance or repair of any kind of roofing or | ||||||
25 | waterproofing may be done
except by a roofing contractor |
| |||||||
| |||||||
1 | licensed under this Act.
| ||||||
2 | (3) Sellers of roofing services may subcontract the | ||||||
3 | provision of those
roofing services only to roofing contractors | ||||||
4 | licensed under this Act.
| ||||||
5 | (4) All persons performing roofing services under this Act | ||||||
6 | shall be licensed as roofing contractors, except for those | ||||||
7 | persons who are deemed to be employees under Section 10 of the | ||||||
8 | Employee Classification Act of a licensed roofing contractor. | ||||||
9 | (Source: P.A. 98-838, eff. 1-1-15 .)
| ||||||
10 | (225 ILCS 335/9.1) (from Ch. 111, par. 7509.1) | ||||||
11 | (Section scheduled to be repealed on January 1, 2016) | ||||||
12 | Sec. 9.1. Grounds for disciplinary action. | ||||||
13 | (1) The Department may refuse
to issue or to renew, or may | ||||||
14 | revoke, suspend, place on probation, reprimand
or take other | ||||||
15 | disciplinary or non-disciplinary action as the Department may | ||||||
16 | deem proper,
including fines not to exceed $10,000 for each | ||||||
17 | violation, with regard to any
license for any one or | ||||||
18 | combination of the following causes : | ||||||
19 | (a) violation of this Act or its rules; | ||||||
20 | (b) conviction or plea of guilty or nolo contendere , | ||||||
21 | finding of guilt, jury verdict, or entry of judgment or | ||||||
22 | sentencing of any crime , including, but not limited to, | ||||||
23 | convictions, preceding sentences of supervision, | ||||||
24 | conditional discharge, or first offender probation, under | ||||||
25 | the laws of any jurisdiction of the United States or any |
| |||||||
| |||||||
1 | state or territory thereof that is (i) a felony or (ii) a | ||||||
2 | misdemeanor, an essential element
of which is dishonesty or | ||||||
3 | that is
directly related to the
practice of the profession; | ||||||
4 | (c) Fraud or making any misrepresentation in applying | ||||||
5 | for or procuring for the purpose of obtaining a license | ||||||
6 | under this Act, or in connection with applying for renewal | ||||||
7 | of a license under this Act ; | ||||||
8 | (d) professional incompetence or gross negligence in | ||||||
9 | the practice of
roofing contracting, prima facie evidence | ||||||
10 | of which may be a conviction or judgment in any court of | ||||||
11 | competent jurisdiction against an applicant or licensee | ||||||
12 | relating to the practice of roofing contracting or the | ||||||
13 | construction of a roof or repair thereof that results in | ||||||
14 | leakage within 90 days after the completion of such work; | ||||||
15 | (e) (blank); | ||||||
16 | (f) aiding or assisting another person in violating any | ||||||
17 | provision of
this Act or rules; | ||||||
18 | (g) failing, within 60 days, to provide information in | ||||||
19 | response to a
written request made by the Department which | ||||||
20 | has been sent by certified or
registered mail to the | ||||||
21 | licensee's last known address ; | ||||||
22 | (h) engaging in dishonorable, unethical, or | ||||||
23 | unprofessional conduct of a
character likely to deceive, | ||||||
24 | defraud, or harm the public; | ||||||
25 | (i) habitual or excessive use or abuse of controlled | ||||||
26 | substances, as defined by the Illinois Controlled |
| |||||||
| |||||||
1 | Substances Act, alcohol, or any other substance that | ||||||
2 | addiction to alcohol, narcotics,
stimulants or any other | ||||||
3 | chemical agent or drug which results in the
inability to | ||||||
4 | practice with reasonable judgment, skill, or safety; | ||||||
5 | (j) discipline by another state, unit of government, or | ||||||
6 | government agency, the District of Columbia, a territory, | ||||||
7 | U.S. jurisdiction or a foreign nation, if at
least one of | ||||||
8 | the grounds for the discipline is the same or substantially
| ||||||
9 | equivalent to those set forth in this Section; | ||||||
10 | (k) directly or indirectly giving to or receiving from | ||||||
11 | any person, firm,
corporation, partnership, or association | ||||||
12 | any fee, commission, rebate, or
other form of compensation | ||||||
13 | for any professional services not actually or
personally | ||||||
14 | rendered; | ||||||
15 | (l) a finding by the Department that the licensee, | ||||||
16 | after having his
or her license disciplined, placed on | ||||||
17 | probationary status has violated the terms of the | ||||||
18 | discipline
probation ; | ||||||
19 | (m) a finding by any court of competent jurisdiction, | ||||||
20 | either within or
without this State, of any violation of | ||||||
21 | any law governing the practice of
roofing contracting, if | ||||||
22 | the Department determines, after investigation,
that such | ||||||
23 | person has not been sufficiently rehabilitated to warrant | ||||||
24 | the
public trust; | ||||||
25 | (n) willfully making or filing false records or reports | ||||||
26 | in the practice of roofing contracting, including, but not |
| |||||||
| |||||||
1 | limited to, false records filed with the State agencies or | ||||||
2 | departments a finding that licensure has been applied for | ||||||
3 | or obtained by
fraudulent means ; | ||||||
4 | (o) practicing, attempting to practice, or advertising | ||||||
5 | under
a name
other than the
full name as shown on the | ||||||
6 | license or any other legally authorized name; | ||||||
7 | (p) gross and willful overcharging for professional | ||||||
8 | services including
filing false statements for collection | ||||||
9 | of fees or monies for which services
are not rendered; | ||||||
10 | (q) (blank); failure to file a return, or to pay the | ||||||
11 | tax, penalty or interest
shown in a filed return, or to pay | ||||||
12 | any final assessment of tax, penalty or
interest, as | ||||||
13 | required by any tax Act administered by the Illinois
| ||||||
14 | Department of Revenue, until such time as the requirements | ||||||
15 | of any such tax
Act are satisfied; | ||||||
16 | (r) (blank); the Department shall deny any license or | ||||||
17 | renewal under this
Act to any person who has defaulted on | ||||||
18 | an educational loan guaranteed by
the Illinois State | ||||||
19 | Scholarship Commission; however, the Department may
issue | ||||||
20 | a license or renewal if the person in default has | ||||||
21 | established a
satisfactory repayment record as determined | ||||||
22 | by the Illinois State
Scholarship Commission; | ||||||
23 | (s) failure to continue to meet the requirements of | ||||||
24 | this Act shall be
deemed a violation; | ||||||
25 | (t) physical or mental disability, including | ||||||
26 | deterioration through the
aging process or loss of |
| |||||||
| |||||||
1 | abilities and skills that result in an inability to
| ||||||
2 | practice the profession with reasonable judgment, skill, | ||||||
3 | or safety; | ||||||
4 | (u) material misstatement in furnishing information to | ||||||
5 | the Department or
to
any other State agency; | ||||||
6 | (v) (blank); the determination by a court that a | ||||||
7 | licensee is subject to involuntary
admission or judicial | ||||||
8 | admission as provided in the Mental Health and
| ||||||
9 | Developmental Disabilities Code will result in an | ||||||
10 | automatic suspension of his
or her license. The suspension | ||||||
11 | will end upon a finding by a court that the
licensee is no | ||||||
12 | longer subject to involuntary admission or judicial | ||||||
13 | admission,
the issuance of an order so finding and | ||||||
14 | discharging the patient, and the
recommendation of the | ||||||
15 | Board to the Director that the licensee be allowed to
| ||||||
16 | resume professional practice; | ||||||
17 | (w) advertising in any manner that is false, | ||||||
18 | misleading, or deceptive; | ||||||
19 | (x) taking undue advantage of a customer, which results | ||||||
20 | in the perpetration of a fraud; | ||||||
21 | (y) performing any act or practice that is a violation | ||||||
22 | of the Consumer Fraud and Deceptive Business Practices Act; | ||||||
23 | (z) engaging in the practice of roofing contracting, as | ||||||
24 | defined in this Act, with a suspended, revoked, or | ||||||
25 | cancelled license; | ||||||
26 | (aa) treating any person differently to the person's |
| |||||||
| |||||||
1 | detriment because of race, color, creed, gender, age, | ||||||
2 | religion, or national origin; | ||||||
3 | (bb) knowingly making any false statement, oral, | ||||||
4 | written, or otherwise, of a character likely to influence, | ||||||
5 | persuade, or induce others in the course of obtaining or | ||||||
6 | performing roofing contracting services; | ||||||
7 | (cc) violation of any final administrative action of | ||||||
8 | the Secretary;
| ||||||
9 | (dd) allowing the use of his or her roofing license by | ||||||
10 | an unlicensed roofing contractor for the purposes of | ||||||
11 | providing roofing or waterproofing services; or | ||||||
12 | (ee) (blank); aiding or assisting another person in | ||||||
13 | violating any provision of this Act or its rules, | ||||||
14 | including, but not limited to, Section 9 of this Act. | ||||||
15 | (ff) cheating or attempting to subvert a licensing | ||||||
16 | examination administered under this Act; or | ||||||
17 | (gg) use of a license to permit or enable an unlicensed | ||||||
18 | person to provide roofing contractor services. | ||||||
19 | (2) The determination by a circuit court that a license | ||||||
20 | holder is subject to involuntary admission or judicial | ||||||
21 | admission, as provided in the Mental Health and Developmental | ||||||
22 | Disabilities Code, operates as an automatic suspension. Such | ||||||
23 | suspension will end only upon a finding by a court that the | ||||||
24 | patient is no longer subject to involuntary admission or | ||||||
25 | judicial admission, an order by the court so finding and | ||||||
26 | discharging the patient, and the recommendation of the Board to |
| |||||||
| |||||||
1 | the Director that the license holder be allowed to resume his | ||||||
2 | or her practice. | ||||||
3 | (3) The Department may refuse to issue or take disciplinary | ||||||
4 | action concerning the license of any person who fails to file a | ||||||
5 | return, to pay the tax, penalty, or interest shown in a filed | ||||||
6 | return, or to pay any final assessment of tax, penalty, or | ||||||
7 | interest as required by any tax Act administered by the | ||||||
8 | Department of Revenue, until such time as the requirements of | ||||||
9 | any such tax Act are satisfied as determined by the Department | ||||||
10 | of Revenue. | ||||||
11 | (4) In enforcing this Section, the Department, upon a | ||||||
12 | showing of a possible violation, may compel any individual who | ||||||
13 | is licensed under this Act or any individual who has applied | ||||||
14 | for licensure to submit to a mental or physical examination or | ||||||
15 | evaluation, or both, which may include a substance abuse or | ||||||
16 | sexual offender evaluation, at the expense of the Department. | ||||||
17 | The Department shall specifically designate the examining | ||||||
18 | physician licensed to practice medicine in all of its branches | ||||||
19 | or, if applicable, the multidisciplinary team involved in | ||||||
20 | providing the mental or physical examination and evaluation. | ||||||
21 | The multidisciplinary team shall be led by a physician licensed | ||||||
22 | to practice medicine in all of its branches and may consist of | ||||||
23 | one or more or a combination of physicians licensed to practice | ||||||
24 | medicine in all of its branches, licensed chiropractic | ||||||
25 | physicians, licensed clinical psychologists, licensed clinical | ||||||
26 | social workers, licensed clinical professional counselors, and |
| |||||||
| |||||||
1 | other professional and administrative staff. Any examining | ||||||
2 | physician or member of the multidisciplinary team may require | ||||||
3 | any person ordered to submit to an examination and evaluation | ||||||
4 | pursuant to this Section to submit to any additional | ||||||
5 | supplemental testing deemed necessary to complete any | ||||||
6 | examination or evaluation process, including, but not limited | ||||||
7 | to, blood testing, urinalysis, psychological testing, or | ||||||
8 | neuropsychological testing. | ||||||
9 | (5) The Department may order the examining physician or any | ||||||
10 | member of the multidisciplinary team to provide to the | ||||||
11 | Department any and all records, including business records, | ||||||
12 | that relate to the examination and evaluation, including any | ||||||
13 | supplemental testing performed. The Department may order the | ||||||
14 | examining physician or any member of the multidisciplinary team | ||||||
15 | to present testimony concerning this examination and | ||||||
16 | evaluation of the licensee or applicant, including testimony | ||||||
17 | concerning any supplemental testing or documents relating to | ||||||
18 | the examination and evaluation. No information, report, | ||||||
19 | record, or other documents in any way related to the | ||||||
20 | examination and evaluation shall be excluded by reason of any | ||||||
21 | common law or statutory privilege relating to communication | ||||||
22 | between the licensee or applicant and the examining physician | ||||||
23 | or any member of the multidisciplinary team. No authorization | ||||||
24 | is necessary from the licensee or applicant ordered to undergo | ||||||
25 | an evaluation and examination for the examining physician or | ||||||
26 | any member of the multidisciplinary team to provide |
| |||||||
| |||||||
1 | information, reports, records, or other documents or to provide | ||||||
2 | any testimony regarding the examination and evaluation. The | ||||||
3 | individual to be examined may have, at his or her own expense, | ||||||
4 | another physician of his or her choice present during all | ||||||
5 | aspects of the examination. | ||||||
6 | (6) Failure of any individual to submit to mental or | ||||||
7 | physical examination or evaluation, or both, when directed, | ||||||
8 | shall result in an automatic suspension without hearing until | ||||||
9 | such time as the individual submits to the examination. If the | ||||||
10 | Department finds a licensee unable to practice because of the | ||||||
11 | reasons set forth in this Section, the Department shall require | ||||||
12 | the licensee to submit to care, counseling, or treatment by | ||||||
13 | physicians approved or designated by the Department as a | ||||||
14 | condition for continued, reinstated, or renewed licensure. | ||||||
15 | (7) When the Secretary immediately suspends a license under | ||||||
16 | this Section, a hearing upon such person's license must be | ||||||
17 | convened by the Department within 15 days after the suspension | ||||||
18 | and completed without appreciable delay. The Department shall | ||||||
19 | have the authority to review the licensee's record of treatment | ||||||
20 | and counseling regarding the impairment to the extent permitted | ||||||
21 | by applicable federal statutes and regulations safeguarding | ||||||
22 | the confidentiality of medical records. | ||||||
23 | (8) Licensees affected under this Section shall be afforded | ||||||
24 | an opportunity to demonstrate to the Department that they can | ||||||
25 | resume practice in compliance with acceptable and prevailing | ||||||
26 | standards under the provisions of their license. |
| |||||||
| |||||||
1 | (9) The Department shall deny a license or renewal | ||||||
2 | authorized by this Act to a person who has defaulted on an | ||||||
3 | educational loan or scholarship provided or guaranteed by the | ||||||
4 | Illinois Student Assistance Commission or any governmental | ||||||
5 | agency of this State in accordance with paragraph (5) of | ||||||
6 | subsection (a) of Section 2105-15 of the Department of | ||||||
7 | Professional Regulation Law of the Civil Administrative Code of | ||||||
8 | Illinois. | ||||||
9 | (10) In cases where the Department of Healthcare and Family | ||||||
10 | Services has previously determined a licensee or a potential | ||||||
11 | licensee is more than 30 days delinquent in the payment of | ||||||
12 | child support and has subsequently certified the delinquency to | ||||||
13 | the Department, the Department may refuse to issue or renew or | ||||||
14 | may revoke or suspend that person's license or may take other | ||||||
15 | disciplinary action against that person based solely upon the | ||||||
16 | certification of delinquency made by the Department of | ||||||
17 | Healthcare and Family Services in accordance with paragraph (5) | ||||||
18 | of subsection (a) of Section 2105-15 of the Department of | ||||||
19 | Professional Regulation Law of the Civil Administrative Code of | ||||||
20 | Illinois. | ||||||
21 | The changes to this Act made by this amendatory Act of 1997 | ||||||
22 | apply only
to disciplinary actions relating to events occurring | ||||||
23 | after the effective date
of
this amendatory Act of 1997. | ||||||
24 | (Source: P.A. 95-303, eff. 1-1-08; 96-1324, eff. 7-27-10.)
| ||||||
25 | (225 ILCS 335/9.2) (from Ch. 111, par. 7509.2)
|
| |||||||
| |||||||
1 | (Section scheduled to be repealed on January 1, 2016)
| ||||||
2 | Sec. 9.2. Record Stenographer; record of proceedings. The | ||||||
3 | Department, at its
expense, shall provide a stenographer to | ||||||
4 | take down the testimony and preserve
a record of all | ||||||
5 | proceedings at the formal hearing of any case initiated | ||||||
6 | pursuant to this Act, the rules for the
administration of this | ||||||
7 | Act, or any other Act or rules relating to this Act
and | ||||||
8 | proceedings for restoration of any license issued under this | ||||||
9 | Act . The
notice of hearing, complaint, answer, and all other | ||||||
10 | documents in the nature
of pleadings and written motions and | ||||||
11 | responses filed in the proceedings, the
transcript of the | ||||||
12 | testimony, all exhibits admitted into evidence, the report
of | ||||||
13 | the hearing officer, the Board's findings of fact, conclusions | ||||||
14 | of law,
and recommendations to the Director, and the order of | ||||||
15 | the Department shall be the record
of the proceedings. Any | ||||||
16 | licensee who is found to have violated this Act or who fails to | ||||||
17 | appear for a hearing to refuse to issue, restore, or renew a | ||||||
18 | license or to discipline a licensee may be required by the | ||||||
19 | Department to pay for the costs of the proceeding. These costs | ||||||
20 | are limited to costs for court reporters, transcripts, and | ||||||
21 | witness attendance and mileage fees. All costs imposed under | ||||||
22 | this Section shall be paid within 60 days after the effective | ||||||
23 | date of the order imposing the fine. The Department shall | ||||||
24 | furnish a transcript of the record
to any person interested in | ||||||
25 | the hearing upon payment of the fee required
under Section | ||||||
26 | 2105-115
of the Department of Professional Regulation Law (20 |
| |||||||
| |||||||
1 | ILCS 2105/2105-115).
| ||||||
2 | (Source: P.A. 91-239, eff. 1-1-00; 91-950, eff. 2-9-01 .)
| ||||||
3 | (225 ILCS 335/9.3) (from Ch. 111, par. 7509.3)
| ||||||
4 | (Section scheduled to be repealed on January 1, 2016)
| ||||||
5 | Sec. 9.3. Attendance of witnesses; contempt. Any circuit | ||||||
6 | court may, upon application of the Department or
its designee | ||||||
7 | or of the applicant or licensee against whom proceedings are
| ||||||
8 | pending, enter an order requiring the attendance of witnesses | ||||||
9 | and their
testimony of witnesses , and the production of | ||||||
10 | relevant documents, papers, files, books and
records in | ||||||
11 | connection with any hearing or investigation. The court may
| ||||||
12 | compel obedience to its order by proceedings for contempt.
| ||||||
13 | (Source: P.A. 86-615 .)
| ||||||
14 | (225 ILCS 335/9.4) (from Ch. 111, par. 7509.4)
| ||||||
15 | (Section scheduled to be repealed on January 1, 2016)
| ||||||
16 | Sec. 9.4. Subpoenas; oaths. The Department has power to | ||||||
17 | subpoena and bring before it any
person in this State and to | ||||||
18 | take the oral or written testimony either orally or by | ||||||
19 | deposition or
both , or to compel the production of any books, | ||||||
20 | papers, records, subpoena documents, exhibits, or other | ||||||
21 | materials that the Secretary or his or her designee deems | ||||||
22 | relevant or material to an investigation or hearing conducted | ||||||
23 | by the Department, with the same
fees and mileage and in the | ||||||
24 | same manner as prescribed by law in judicial
proceedings in |
| |||||||
| |||||||
1 | civil cases in circuit courts of this State.
| ||||||
2 | The Secretary, the designated hearing officer, Director | ||||||
3 | and any member of the Roofing Advisory Board , or a certified | ||||||
4 | shorthand court reporter may have power to
administer oaths to | ||||||
5 | witnesses at any hearing that the Department conducts or | ||||||
6 | Roofing
Advisory Board is authorized by law to conduct . | ||||||
7 | Notwithstanding any other statute or Department rule to the | ||||||
8 | contrary, all requests for testimony or production of documents | ||||||
9 | or records shall be in accordance with this Act. Further, the | ||||||
10 | Director has power
to administer any other oaths required or | ||||||
11 | authorized to be administered by the
Department under this Act.
| ||||||
12 | (Source: P.A. 91-950, eff. 2-9-01 .)
| ||||||
13 | (225 ILCS 335/9.5) (from Ch. 111, par. 7509.5)
| ||||||
14 | (Section scheduled to be repealed on January 1, 2016)
| ||||||
15 | Sec. 9.5. Findings of fact, conclusions of law, and | ||||||
16 | recommendations of the Board ; rehearing order . The Board shall | ||||||
17 | have 90 days after receipt of the report of the hearing officer | ||||||
18 | to review the report and present their findings of fact, | ||||||
19 | conclusions of law, and recommendations to the Secretary. If | ||||||
20 | the Board fails to present its findings of fact, conclusions of | ||||||
21 | law, and recommendations within the 90-day period, the | ||||||
22 | Secretary may issue an order based on the report of the hearing | ||||||
23 | officer. If the Secretary disagrees with the recommendation of | ||||||
24 | the Board or hearing officer, then the Secretary may issue an | ||||||
25 | order in contravention of the recommendation.
In any case |
| |||||||
| |||||||
1 | involving the refusal to issue or renew or the taking of | ||||||
2 | disciplinary action against a license, a copy of the Board's | ||||||
3 | findings of fact, conclusions of law, and recommendations shall | ||||||
4 | be served upon the respondent by the Department as provided in | ||||||
5 | this Act for the service of the notice of hearing. Within 20 | ||||||
6 | days after such service, the respondent may present to the | ||||||
7 | Department a motion in writing for a rehearing, which motion | ||||||
8 | shall specify the particular grounds therefor. If no motion for | ||||||
9 | rehearing is filed, then upon the expiration of the time | ||||||
10 | specified for filing such a motion or, if a motion for | ||||||
11 | rehearing is denied, then upon such denial the Secretary may | ||||||
12 | enter an order in accordance with recommendations of the Board. | ||||||
13 | If the respondent shall order from the reporting service, and | ||||||
14 | pays for a transcript of the record within the time for filing | ||||||
15 | a motion for rehearing, the 20-day period within which such a | ||||||
16 | motion may be filed shall commence upon the delivery of the | ||||||
17 | transcript to the respondent. Whenever the Secretary is | ||||||
18 | satisfied that substantial justice has not been done in the | ||||||
19 | revocation or suspension of, or the refusal to issue or renew, | ||||||
20 | a license, the Secretary may order a rehearing by the hearing | ||||||
21 | officer. | ||||||
22 | Within 60
days
of the Department's receipt of the transcript of | ||||||
23 | any hearing that is conducted
pursuant to this Act or the rules | ||||||
24 | for its enforcement or any other statute or
rule
requiring a | ||||||
25 | hearing under this Act or the rules for its enforcement, or for | ||||||
26 | any
hearing related to restoration of any license issued |
| |||||||
| |||||||
1 | pursuant to this Act, the
hearing officer shall submit his or | ||||||
2 | her written findings and recommendations to
the Roofing | ||||||
3 | Advisory Board. The Roofing Advisory Board shall review the | ||||||
4 | report
of
the hearing officer and shall present its findings of | ||||||
5 | fact, conclusions of law,
and recommendations to the Director | ||||||
6 | by the date of the Board's second meeting
following the Board's | ||||||
7 | receipt of the hearing officer's report.
| ||||||
8 | A copy of the findings of fact, conclusions of law, and | ||||||
9 | recommendations to
the Director shall be served upon the | ||||||
10 | accused person, either personally or by
registered or certified | ||||||
11 | mail. Within 20 days after service, the accused person
may | ||||||
12 | present to the Department a written motion for a rehearing, | ||||||
13 | which shall
state
the particular grounds therefor. If the | ||||||
14 | accused person orders and pays for a
transcript pursuant to | ||||||
15 | Section 9.2, the time elapsing thereafter and before
the
| ||||||
16 | transcript is ready for delivery to him or her shall not be | ||||||
17 | counted as part of
the
20
days.
| ||||||
18 | The Director shall issue an order based on the findings of | ||||||
19 | fact,
conclusions
of law, and recommendations to the Director. | ||||||
20 | If the Director
disagrees in any regard with the findings of | ||||||
21 | fact, conclusions of law, and
recommendations to the Director, | ||||||
22 | he may issue an order in contravention of the
findings of fact, | ||||||
23 | conclusions of law, and recommendations to the Director.
| ||||||
24 | If the Director issues an order in contravention of the | ||||||
25 | findings of fact,
conclusions of law, and recommendations to | ||||||
26 | the Director, the
Director shall notify the Board in writing |
| |||||||
| |||||||
1 | with an explanation for any
deviation
from the Board's findings | ||||||
2 | of fact, conclusions of law, and recommendations to
the
| ||||||
3 | Director within 30 days of the Director's entry of the order.
| ||||||
4 | (Source: P.A. 91-950, eff. 2-9-01 .)
| ||||||
5 | (225 ILCS 335/9.6) (from Ch. 111, par. 7509.6)
| ||||||
6 | (Section scheduled to be repealed on January 1, 2016)
| ||||||
7 | Sec. 9.6. Summary Temporary suspension pending hearing . | ||||||
8 | The Secretary Director may summarily temporarily suspend a the
| ||||||
9 | license issued under this Act of a roofing contractor without a | ||||||
10 | hearing, simultaneously with
the institution of proceedings | ||||||
11 | for a hearing provided for in this Act, if
the Secretary | ||||||
12 | Director finds that evidence in his or her possession indicates | ||||||
13 | that
continuation in practice would constitute an imminent | ||||||
14 | danger to the public.
In the event that the Secretary summarily | ||||||
15 | Director temporarily suspends a license without a
hearing, a | ||||||
16 | hearing by the Department shall be commenced held
within 30 | ||||||
17 | days after such suspension has occurred and shall be concluded | ||||||
18 | as expeditiously as possible .
| ||||||
19 | (Source: P.A. 89-387, eff. 1-1-96; 90-55, eff. 1-1-98 .)
| ||||||
20 | (225 ILCS 335/9.7) (from Ch. 111, par. 7509.7)
| ||||||
21 | (Section scheduled to be repealed on January 1, 2016)
| ||||||
22 | Sec. 9.7.
All final administrative decisions of the | ||||||
23 | Department are
subject to judicial review pursuant to the | ||||||
24 | Administrative Review Law , as
amended, and all its rules |
| |||||||
| |||||||
1 | adopted pursuant thereto . The term "administrative decision" | ||||||
2 | is defined as
in Section 3-101 of the Code of Civil Procedure. | ||||||
3 | Proceedings for judicial review shall be commenced in the | ||||||
4 | circuit court of the county in which the party applying for | ||||||
5 | review resides, except that, if the party is not a resident of | ||||||
6 | this State, the venue shall be Sangamon County.
| ||||||
7 | (Source: P.A. 86-615 .)
| ||||||
8 | (225 ILCS 335/9.8) (from Ch. 111, par. 7509.8)
| ||||||
9 | (Section scheduled to be repealed on January 1, 2016)
| ||||||
10 | Sec. 9.8.
Criminal penalties. Any person who is found to | ||||||
11 | have violated any provision of
this Act is guilty of a Class A | ||||||
12 | misdemeanor for the first offense . On conviction of a second or
| ||||||
13 | subsequent offense the violator is guilty of a Class 4 felony.
| ||||||
14 | Each day of violation constitutes a separate offense.
| ||||||
15 | (Source: P.A. 89-387, eff. 1-1-96 .)
| ||||||
16 | (225 ILCS 335/9.9a)
| ||||||
17 | (Section scheduled to be repealed on January 1, 2016)
| ||||||
18 | Sec. 9.9a. Certification of record; costs. The Department | ||||||
19 | shall not be
required to certify any record to the court, to | ||||||
20 | file an answer in court, or to
otherwise appear in any court in | ||||||
21 | a judicial review proceeding, unless and until the Department | ||||||
22 | has received from the plaintiff payment of the costs of | ||||||
23 | furnishing and certifying the record, which costs shall be | ||||||
24 | determined by the Department there is
filed in the court, with |
| |||||||
| |||||||
1 | the complaint, a receipt from the Department
acknowledging | ||||||
2 | payment of the costs of furnishing and certifying the record .
| ||||||
3 | Failure on the part of the plaintiff to file the receipt in | ||||||
4 | court is grounds
for dismissal of the action.
| ||||||
5 | (Source: P.A. 89-387, eff. 1-1-96 .)
| ||||||
6 | (225 ILCS 335/9.10) (from Ch. 111, par. 7509.10)
| ||||||
7 | (Section scheduled to be repealed on January 1, 2016)
| ||||||
8 | Sec. 9.10. Returned checks; fines.
Any person who delivers | ||||||
9 | a check or other payment to the Department that
is returned to | ||||||
10 | the Department unpaid by the financial institution upon
which | ||||||
11 | it is drawn shall pay to the Department, in addition to the | ||||||
12 | amount
already owed to the Department, a fine of $50. The fines | ||||||
13 | imposed by this
Section are in addition
to any other discipline | ||||||
14 | provided under this Act for unlicensed
practice or practice on | ||||||
15 | a nonrenewed license. The Department shall notify
the person | ||||||
16 | that payment of fees and fines shall be paid to the Department
| ||||||
17 | by certified check or money order within 30 calendar days of | ||||||
18 | the
notification. If, after the expiration of 30 days from the | ||||||
19 | date of the
notification, the person has failed to submit the | ||||||
20 | necessary remittance, the
Department shall automatically | ||||||
21 | terminate the license or deny
the application, without hearing. | ||||||
22 | If, after termination or denial, the
person seeks a license, | ||||||
23 | that person he or she shall apply to the
Department for | ||||||
24 | restoration or issuance of the license and
pay all the | ||||||
25 | application fees as set by rule. The Department may establish
a |
| |||||||
| |||||||
1 | fee for the processing of an application for restoration of a | ||||||
2 | license to pay
all expenses of processing this application. The | ||||||
3 | Director
may waive the fines due under this Section in | ||||||
4 | individual cases where the
Director finds that the fines would | ||||||
5 | be unreasonable or unnecessarily
burdensome.
| ||||||
6 | (Source: P.A. 91-950, eff. 2-9-01; 92-146, eff. 1-1-02; 92-651, | ||||||
7 | eff.
7-11-02 .)
| ||||||
8 | (225 ILCS 335/9.14) (from Ch. 111, par. 7509.14)
| ||||||
9 | (Section scheduled to be repealed on January 1, 2016)
| ||||||
10 | Sec. 9.14. Appointment of hearing officer. The Secretary | ||||||
11 | Director has the authority to appoint any
attorney duly | ||||||
12 | licensed to practice law in the State of Illinois to serve as
| ||||||
13 | the hearing officer for any action for refusal to issue or | ||||||
14 | renew a license,
for
discipline of a licensee for sanctions for | ||||||
15 | unlicensed practice, for
restoration of a license, or for any
| ||||||
16 | other action for which findings of fact, conclusions of law, | ||||||
17 | and
recommendations
are required pursuant to Section 9.5 of | ||||||
18 | this Act. The hearing officer shall
have full authority to | ||||||
19 | conduct the hearing and shall
issue his or her findings of | ||||||
20 | fact , conclusions of law, and recommendations to the Board | ||||||
21 | pursuant to Section
Sections 9.5 of this Act.
| ||||||
22 | (Source: P.A. 91-950, eff. 2-9-01 .)
| ||||||
23 | (225 ILCS 335/9.15) (from Ch. 111, par. 7509.15)
| ||||||
24 | (Section scheduled to be repealed on January 1, 2016)
|
| |||||||
| |||||||
1 | Sec. 9.15. Investigation; notice; default. The Department | ||||||
2 | may
investigate the actions of any applicant
or any person or | ||||||
3 | persons holding or claiming to hold a license. The
Department | ||||||
4 | shall, before refusing to issue, renew, or discipline a | ||||||
5 | licensee or applicant suspending, revoking, placing on | ||||||
6 | probationary
status, or taking any other disciplinary action as | ||||||
7 | the Department may deem
proper with regard to any license , at | ||||||
8 | least 30 days prior to
the date set for the hearing, notify the | ||||||
9 | applicant or licensee accused in writing of the nature of the | ||||||
10 | any charges
made and the time and place for a hearing on the | ||||||
11 | charges . The Department shall direct the applicant or licensee | ||||||
12 | before the hearing
officer, direct him or her to file a his | ||||||
13 | written answer to the charges with the hearing
officer under | ||||||
14 | oath within 20 30 days after the service on him or her of the | ||||||
15 | such
notice,
and inform the applicant or licensee him or her | ||||||
16 | that failure if he or she fails to file an such answer will | ||||||
17 | result in
default being will be taken
against the applicant or | ||||||
18 | licensee him or her and his or her license may be
suspended, | ||||||
19 | revoked,
placed on probationary status, or other disciplinary | ||||||
20 | action, including
limiting the scope, nature or extent of his | ||||||
21 | or her practice, as the
Department may
deem proper, taken. This | ||||||
22 | written notice may be served
by personal delivery or certified | ||||||
23 | or registered mail to the Department . At the time and place | ||||||
24 | fixed in the notice, the Department shall proceed to hear the | ||||||
25 | charges and the parties or their counsel shall be accorded | ||||||
26 | ample opportunity to present any pertinent statements, |
| |||||||
| |||||||
1 | testimony, evidence, and arguments. The Department may | ||||||
2 | continue the hearing from time to time.
In case the person | ||||||
3 | fails to file an answer after receiving notice, the his or
her | ||||||
4 | license may, in the discretion of the Department, be
suspended, | ||||||
5 | revoked, or placed on probationary status, or the Department | ||||||
6 | may
take whatever disciplinary action deemed proper, including | ||||||
7 | limiting the
scope, nature, or extent of the person's practice | ||||||
8 | or the imposition of a
fine, without a hearing, if the act or | ||||||
9 | acts charged constitute sufficient
grounds for such action | ||||||
10 | under this Act. The written notice and any notice in the | ||||||
11 | subsequent proceeding may be served by registered or certified | ||||||
12 | mail to the licensee's address of record.
At
the time and place | ||||||
13 | fixed in the notice, the Department shall proceed to
hear the | ||||||
14 | charges and the parties or their counsel shall be accorded | ||||||
15 | ample
opportunity to present such statements, testimony, | ||||||
16 | evidence and argument as
may be pertinent to the charges or to | ||||||
17 | their defense. The Department
may continue such hearing from | ||||||
18 | time to time. At the discretion of the
Director after having | ||||||
19 | first received the recommendation of the hearing
officer, the | ||||||
20 | accused person's license may be suspended, revoked, placed on
| ||||||
21 | probationary status, or other disciplinary action may be taken | ||||||
22 | as the
Director may deem proper, including limiting the scope, | ||||||
23 | nature, or extent
of said person's practice without a hearing, | ||||||
24 | if the act or acts charged
constitute sufficient grounds for | ||||||
25 | such action under this Act.
| ||||||
26 | (Source: P.A. 90-55, eff. 1-1-98 .)
|
| |||||||
| |||||||
1 | (225 ILCS 335/10) (from Ch. 111, par. 7510)
| ||||||
2 | (Section scheduled to be repealed on January 1, 2016)
| ||||||
3 | Sec. 10. Injunctive relief; order to cease and desist | ||||||
4 | Enforcement; petition to court .
| ||||||
5 | (1) If any person violates the provisions of this Act, the | ||||||
6 | Secretary,
Director through the Attorney General of the State | ||||||
7 | of Illinois , or the State's Attorney
of any county in which a | ||||||
8 | violation is alleged to have occurred exist , may in the name of
| ||||||
9 | the People of the State of Illinois petition for an order | ||||||
10 | enjoining such
violation or for an order enforcing compliance | ||||||
11 | with this Act. Upon the
filing of a verified petition in such | ||||||
12 | court, the court may issue a
temporary restraining order, | ||||||
13 | without notice or bond, and may preliminarily
and permanently | ||||||
14 | enjoin such violation, and if it is established that such
| ||||||
15 | person has violated or is violating the injunction, the Court | ||||||
16 | may punish the
offender for contempt of court. Proceedings | ||||||
17 | under this Section shall be in addition to, and not in lieu of, | ||||||
18 | all other remedies and penalties provided by this Act.
| ||||||
19 | (2) If any person shall practice as a
licensee or hold | ||||||
20 | himself or herself out as a
licensee without being licensed
| ||||||
21 | under the provisions of this Act, then any person licensed
| ||||||
22 | under this Act,
any interested party or any person injured | ||||||
23 | thereby may, in addition to the Secretary
those officers | ||||||
24 | identified in subsection (1) of this Section , petition for
| ||||||
25 | relief as provided in subsection (1) of this Section therein .
|
| |||||||
| |||||||
1 | (3) (Blank).
| ||||||
2 | (4) Whenever, in the opinion of the Department, any person | ||||||
3 | violates any provision of this Act, the Department may issue a | ||||||
4 | rule to show cause why an order to cease and desist should not | ||||||
5 | be entered. The rule shall clearly set forth the grounds relied | ||||||
6 | upon by the Department and shall provide a period of 7 days | ||||||
7 | after the date of issuance of the rule to file an answer to the | ||||||
8 | satisfaction of the Department. Failure to answer to the | ||||||
9 | satisfaction of the Department shall cause an order to cease | ||||||
10 | and desist to be issued forthwith. Proceedings under this | ||||||
11 | Section shall be
in addition to, and not in lieu of, all other | ||||||
12 | remedies and penalties which
may be provided by law.
| ||||||
13 | (Source: P.A. 95-303, eff. 1-1-08.)
| ||||||
14 | (225 ILCS 335/10a)
| ||||||
15 | (Section scheduled to be repealed on January 1, 2016)
| ||||||
16 | Sec. 10a. Unlicensed practice; violation; civil penalty.
| ||||||
17 | (a) In addition to any other penalty provided by law, any | ||||||
18 | Any person who practices, offers to practice, attempts to | ||||||
19 | practice, or
holds himself or herself out to practice roofing | ||||||
20 | without being licensed under
this Act shall, in addition to any | ||||||
21 | other penalty provided by law, pay a civil
penalty to the | ||||||
22 | Department in an amount not to exceed $10,000 $5,000 for each | ||||||
23 | offense as
determined by the Department. The civil penalty | ||||||
24 | shall be assessed by the
Department after a hearing is held in | ||||||
25 | accordance with the provisions set forth
in this Act regarding |
| |||||||
| |||||||
1 | the provision of a hearing for the discipline of a
licensee.
| ||||||
2 | (b) The Department has the authority and power to | ||||||
3 | investigate any and all
unlicensed activity.
| ||||||
4 | (c) The civil penalty shall be paid within 60 days after | ||||||
5 | the effective date
of the order imposing the civil penalty. The | ||||||
6 | order shall constitute a judgment
and may be filed and | ||||||
7 | execution had thereon in the same manner as any judgment
from | ||||||
8 | any court of record.
| ||||||
9 | (Source: P.A. 89-387, eff. 1-1-96 .)
| ||||||
10 | (225 ILCS 335/11) (from Ch. 111, par. 7511)
| ||||||
11 | (Section scheduled to be repealed on January 1, 2016)
| ||||||
12 | Sec. 11. Application of Act.
| ||||||
13 | (1) Nothing in this Act limits the power of a municipality, | ||||||
14 | city ,
or county , or incorporated area to regulate the quality | ||||||
15 | and character of work performed by roofing
contractors through | ||||||
16 | a system of permits, fees, and inspections which are
designed | ||||||
17 | to secure compliance with and aid in the implementation of | ||||||
18 | State
and local building laws or to enforce other local laws | ||||||
19 | for the protection
of the public health and safety.
| ||||||
20 | (2) Nothing in this Act shall be construed to require a | ||||||
21 | seller of
roofing materials or services to be licensed as a | ||||||
22 | roofing
contractor when
the construction, reconstruction, | ||||||
23 | alteration, maintenance or repair of
roofing or waterproofing | ||||||
24 | is to be performed by a person other than the
seller or the | ||||||
25 | seller's employees.
|
| |||||||
| |||||||
1 | (3) Nothing in this Act shall be construed to require a | ||||||
2 | person who
performs roofing or waterproofing work to his or her | ||||||
3 | own property, or for
no
consideration, to be licensed as a | ||||||
4 | roofing contractor.
| ||||||
5 | (4) Nothing in this Act shall be construed to require a | ||||||
6 | person who
performs roofing or waterproofing work to his or her | ||||||
7 | employer's property to
be
licensed as a roofing contractor, | ||||||
8 | where there exists an
employer-employee
relationship. Nothing | ||||||
9 | in this Act shall be construed to apply to the
installation of | ||||||
10 | plastics, glass or fiberglass to greenhouses and related
| ||||||
11 | horticultural structures, or to the repair or construction of | ||||||
12 | farm buildings.
| ||||||
13 | (5) Nothing in this Act limits the power of a municipality, | ||||||
14 | city, or county , or incorporated area
to collect occupational | ||||||
15 | license and inspection fees for engaging in roofing
| ||||||
16 | contracting.
| ||||||
17 | (6) Nothing in this Act limits the power of the | ||||||
18 | municipalities, cities ,
or counties , or incorporated areas to | ||||||
19 | adopt any system of permits requiring submission to and | ||||||
20 | approval
by the municipality, city, or county , or incorporated | ||||||
21 | area of plans and specifications for work
to be performed by | ||||||
22 | roofing contractors before commencement of the work.
| ||||||
23 | (7) Any official authorized to issue building or other | ||||||
24 | related permits
shall ascertain that the applicant contractor | ||||||
25 | is duly licensed before issuing
the permit. The evidence shall | ||||||
26 | consist only of the exhibition to him or
her of
current |
| |||||||
| |||||||
1 | evidence of licensure.
| ||||||
2 | (8) This Act applies to any roofing contractor performing | ||||||
3 | work for the
State or any municipality, city, county , or | ||||||
4 | incorporated area municipality . Officers of the State or any | ||||||
5 | municipality, city, county
or incorporated area municipality | ||||||
6 | are required to determine compliance with this Act before
| ||||||
7 | awarding any contracts for construction, improvement, | ||||||
8 | remodeling, or repair.
| ||||||
9 | (9) If an incomplete contract exists at the time of death | ||||||
10 | of a licensee contractor ,
the contract may be completed by any | ||||||
11 | person even though not licensed.
Such person shall notify the | ||||||
12 | Department within 30 days after the death of
the contractor of | ||||||
13 | his or her name and address. For the purposes of this
| ||||||
14 | subsection,
an incomplete contract is one which has been | ||||||
15 | awarded to, or entered into
by, the licensee contractor before | ||||||
16 | his or her death or on which he or she was
the low
bidder and
| ||||||
17 | the contract is subsequently awarded to him or her regardless | ||||||
18 | of whether
any actual
work has commenced under the contract | ||||||
19 | before his or her death.
| ||||||
20 | (10) The State or any municipality, city, county , or | ||||||
21 | incorporated area municipality may require that bids submitted
| ||||||
22 | for roofing construction, improvement, remodeling, or repair | ||||||
23 | of public
buildings
be accompanied by evidence that that bidder | ||||||
24 | holds an appropriate license
issued pursuant to this Act.
| ||||||
25 | (11) (Blank).
| ||||||
26 | (12) Nothing in this Act shall prevent a municipality, |
| |||||||
| |||||||
1 | city, county, or incorporated area from making laws or | ||||||
2 | ordinances that are more stringent than those contained in this | ||||||
3 | Act. | ||||||
4 | (Source: P.A. 97-965, eff. 8-15-12.)
| ||||||
5 | (225 ILCS 335/11.5)
| ||||||
6 | (Section scheduled to be repealed on January 1, 2016)
| ||||||
7 | Sec. 11.5. Board. The Roofing Advisory Board is created and
| ||||||
8 | shall consist of
8 persons, one of whom is a knowledgeable | ||||||
9 | public
member and
7 of whom are (i) designated as the | ||||||
10 | qualifying party of a licensed roofing contractor or (ii) | ||||||
11 | legally qualified to act for the business organization on | ||||||
12 | behalf of the licensee in all matters connected with its | ||||||
13 | roofing contracting business, have the authority to supervise | ||||||
14 | roofing installation operations, and actively engaged in | ||||||
15 | day-to-day activities of the business organization for a | ||||||
16 | licensed roofing contractor have been issued licenses as | ||||||
17 | roofing contractors by the Department .
One of the
7 nonpublic | ||||||
18 | members licensed roofing contractors on the Board shall | ||||||
19 | represent a
statewide association representing home builders | ||||||
20 | and
another of the 7 nonpublic members licensed roofing | ||||||
21 | contractors shall represent an association
predominately | ||||||
22 | representing retailers.
The public member shall not be licensed | ||||||
23 | under
this Act or any other Act the Department administers . | ||||||
24 | Each member shall be
appointed by the Secretary Director . Five | ||||||
25 | members of the Board shall constitute a quorum. A quorum is |
| |||||||
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1 | required for all Board decisions. Members shall be appointed | ||||||
2 | who reasonably represent
the different geographic areas of the | ||||||
3 | State. A quorum of the Board shall consist of the majority of | ||||||
4 | Board members appointed.
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5 | Members of the Roofing Advisory Board shall be immune from | ||||||
6 | suit in any
action based upon any disciplinary proceedings or | ||||||
7 | other acts performed in good
faith as members of the Roofing | ||||||
8 | Advisory Board , unless the conduct that gave
rise to the suit | ||||||
9 | was willful and wanton misconduct .
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10 | The persons appointed shall hold office for 4 years and | ||||||
11 | until a successor is
appointed and qualified. The initial terms | ||||||
12 | shall begin July 1, 1997. Of the
members of the Board first | ||||||
13 | appointed, 2 shall be appointed to serve for 2
years, 2 shall | ||||||
14 | be appointed to serve for 3 years, and 3 shall be appointed to
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15 | serve for 4 years. No member shall serve more than 2 complete 4 | ||||||
16 | year terms. | ||||||
17 | The Secretary shall have the authority to remove or suspend | ||||||
18 | any member of the Board for cause at any time before the | ||||||
19 | expiration of his or her term. The Secretary shall be the sole | ||||||
20 | arbiter of cause.
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21 | The Secretary Within 90 days of a vacancy occurring, the | ||||||
22 | Director shall fill a the vacancy
for the unexpired portion of | ||||||
23 | the term with an appointee who meets the same
qualifications as | ||||||
24 | the person whose position has become vacant. The Board shall
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25 | meet annually to elect one member as chairman and one member as | ||||||
26 | vice-chairman.
No officer shall be elected more than twice in |
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1 | succession to the same office.
The members of the Board shall | ||||||
2 | receive reimbursement for actual, necessary, and
authorized | ||||||
3 | expenses incurred in attending the meetings of the Board.
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4 | (Source: P.A. 94-254, eff. 7-19-05.)
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5 | (225 ILCS 335/11.6 new) | ||||||
6 | Sec. 11.6. Confidentiality. All information collected by | ||||||
7 | the Department in the course of an examination or investigation | ||||||
8 | of a licensee or applicant, including, but not limited to, any | ||||||
9 | complaint against a licensee filed with the Department and | ||||||
10 | information collected to investigate any such complaint, shall | ||||||
11 | be maintained for the confidential use of the Department and | ||||||
12 | shall not be disclosed. The Department may not disclose the | ||||||
13 | information to anyone other than law enforcement officials, | ||||||
14 | other regulatory agencies that have an appropriate regulatory | ||||||
15 | interest as determined by the Secretary, or a party presenting | ||||||
16 | a lawful subpoena to the Department. Information and documents | ||||||
17 | disclosed to a federal, State, county, or local law enforcement | ||||||
18 | agency shall not be disclosed by the agency for any purpose to | ||||||
19 | any other agency or person. A formal complaint filed against a | ||||||
20 | licensee by the Department or any order issued by the | ||||||
21 | Department against a licensee or applicant shall be a public | ||||||
22 | record, except as otherwise prohibited by law.
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23 | (225 ILCS 335/11.7 new) | ||||||
24 | Sec. 11.7. Order or certified copy; prima facie proof. An |
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1 | order or a certified copy thereof, over the seal of the | ||||||
2 | Department and purporting to be signed by the Secretary, shall | ||||||
3 | be prima facie proof that: | ||||||
4 | (1) the signature is the genuine signature of the
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5 | Secretary; and | ||||||
6 | (2) the Secretary is duly appointed and qualified.
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7 | (225 ILCS 335/11.8 new) | ||||||
8 | Sec. 11.8. Surrender of license. Upon the revocation or | ||||||
9 | suspension of any license, the licensee shall immediately | ||||||
10 | surrender the license or licenses to the Department. If the | ||||||
11 | licensee fails to do so, the Department shall have the right to | ||||||
12 | seize the license.
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13 | (225 ILCS 335/11.9 new) | ||||||
14 | Sec. 11.9. Suspension of license for failure to pay | ||||||
15 | restitution. The Department, without further process or | ||||||
16 | hearing, shall suspend the license or other authorization to | ||||||
17 | practice of any person issued under this Act who has been | ||||||
18 | certified by court order as not having paid restitution to a | ||||||
19 | person under Section 8A-3.5 of the Illinois Public Aid Code or | ||||||
20 | under Section 17-10.5 or 46-1 of the Criminal Code of 1961 or | ||||||
21 | the Criminal Code of 2012. A person whose license or other | ||||||
22 | authorization to practice is suspended under this Section is | ||||||
23 | prohibited from practicing until the restitution is made in | ||||||
24 | full.
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1 | (225 ILCS 335/11.10 new) | ||||||
2 | Sec. 11.10. Citations. | ||||||
3 | (a) The Department may adopt rules to permit the issuance | ||||||
4 | of citations for non-frivolous complaints. The citation shall | ||||||
5 | list the person's name and address, a brief factual statement, | ||||||
6 | the Sections of the Act or rules allegedly violated, the | ||||||
7 | penalty imposed, and, if applicable, the licensee's license | ||||||
8 | number. The citation must clearly state that the person may | ||||||
9 | choose, in lieu of accepting the citation, to request a | ||||||
10 | hearing. If the person does not dispute the matter in the | ||||||
11 | citation with the Department within 30 days after the citation | ||||||
12 | is served, then the citation shall become a final order and | ||||||
13 | shall constitute discipline. The penalty shall be a fine or | ||||||
14 | other conditions as established by rule. | ||||||
15 | (b) The Department shall adopt rules designating | ||||||
16 | violations for which a citation may be issued. Such rules shall | ||||||
17 | designate as citation violations those violations for which | ||||||
18 | there is no substantial threat to the public health, safety, | ||||||
19 | and welfare. Citations shall not be utilized if there was any | ||||||
20 | significant consumer harm resulting from the violation. | ||||||
21 | (c) A citation must be issued within 6 months after the | ||||||
22 | reporting of a violation that is the basis for the citation. | ||||||
23 | (d) Service of a citation may be made by personal service | ||||||
24 | or certified mail to the person at the person's last known | ||||||
25 | address of record or, if applicable, the licensee's address of |
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1 | record.
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2 | (225 ILCS 335/8 rep.) | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | (225 ILCS 335/9.12 rep.) | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | (225 ILCS 335/10b rep.) | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | Section 15. The Illinois Roofing Industry Licensing Act is | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | amended by repealing Sections 8, 9.12, and 10b.
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7 | Section 99. Effective date. This Act takes effect upon | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
8 | becoming law.
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