There is a newer version of the Illinois Compiled Statutes
2005 Illinois Code - Chapter 225 Professions And Occupations 225 ILCS 105/ Professional Boxing Act.
(225 ILCS 105/0.05)
(Section scheduled to be repealed on January 1, 2012)
Sec. 0.05.
Declaration of public policy.
Professional boxing
in the State of Illinois is hereby declared to affect the public health,
safety, and welfare and to be subject to regulation and control in the public
interest. It is further declared to be a matter of public interest and concern
that boxing, as defined in this Act, merit and receive the
confidence of the public and that only qualified persons be authorized to
participate in boxing contests in the State of
Illinois. This Act shall be liberally construed to best carry out these objects
and purposes.
(Source: P.A. 91‑408, eff. 1‑1‑00; 92‑499, eff. 1‑1‑02.)
|
(225 ILCS 105/1) (from Ch. 111, par. 5001)
(Section scheduled to be repealed on January 1, 2012)
Sec. 1.
Short title and definitions.
(a) This Act may be cited as the Professional Boxing Act.
(b) As used in this Act:
1. "Department" means the Department of Professional | ||
|
||
2. "Director" means the Director of Professional | ||
|
||
3. "Board" means the State Professional Boxing Board | ||
|
||
4. "License" means the license issued for boxing | ||
|
||
5. (Blank).
6. "Boxing Contests" include professional boxing | ||
|
||
7. (Blank).
8. (Blank).
9. "Permit" means the authorization from the | ||
|
||
10. "Promoter" means a person who is licensed and | ||
|
||
11. Unless the context indicates otherwise, "person" | ||
|
||
12. (Blank).
13. "Ultimate fighting exhibition" has the meaning | ||
|
||
14. "Professional boxer" means a person licensed by | ||
|
||
15. "Judge" means a person licensed by the | ||
|
||
16. "Referee" means a person licensed by the | ||
|
||
17. "Amateur" means a person who has never received | ||
|
||
18. "Contestant" means an individual who | ||
|
||
19. "Second" means a person licensed by the | ||
|
||
20. "Matchmaker" means a person licensed by the | ||
|
||
21. "Manager" means a person licensed by the | ||
|
||
22. "Timekeeper" means a person licensed by the | ||
|
||
23. "Purse" means the financial guarantee or any | ||
|
||
24. "Physician" means a person licensed to practice | ||
|
||
(Source: P.A. 91‑408, eff. 1‑1‑00; 92‑499, eff. 1‑1‑02.)
|
(225 ILCS 105/2) (from Ch. 111, par. 5002)
(Section scheduled to be repealed on January 1, 2012)
Sec. 2.
State Professional Boxing Board.
There is
created the State Professional
Boxing Board consisting
of 6 persons who shall be appointed by and shall serve in an advisory
capacity
to the Director. One shall be a physician licensed to
practice medicine in all of its branches. The Director shall appoint
each member to serve for a term of 3 years and until
his or her successor is appointed and qualified.
One member of the board shall
be designated as the Chairperson and one member shall be designated as the
Vice‑chairperson.
No member shall be appointed to the Board for a term which would cause
continuous service to be
more than 9 years. Service prior to January 1, 2000 shall not be considered
in calculating length of service on the Board.
Each member of the board shall receive compensation for each day he or she is
engaged in transacting the business of
the board
and, in addition, shall be reimbursed for his or her authorized and
approved expenses necessarily incurred
in relation to such service in accordance with the travel regulations
applicable
to the Department at the time the expenses are incurred.
A majority of the current members appointed shall constitute a quorum.
The members of the Board shall be immune from suit in any action based upon
any disciplinary proceedings or other acts performed in good faith as members
of the Board.
The Director may remove any member of the Board for misconduct, incapacity,
or neglect of duty. The Director shall reduce to writing any causes for
removal.
(Source: P.A. 91‑408, eff. 1‑1‑00; 92‑499, eff. 1‑1‑02.)
|
(225 ILCS 105/3) (from Ch. 111, par. 5003)
Sec. 3.
(Repealed).
(Source: P.A. 82‑522. Repealed by P.A. 91‑408, eff. 1‑1‑00.)
|
(225 ILCS 105/4) (from Ch. 111, par. 5004)
Sec. 4.
(Repealed).
(Source: P.A. 82‑522. Repealed by P.A. 91‑408, eff. 1‑1‑00.)
|
(225 ILCS 105/5) (from Ch. 111, par. 5005)
(Section scheduled to be repealed on January 1, 2012)
Sec. 5.
The Department shall exercise, but subject to the provisions
of this Act, the following functions, powers, and duties: (a) to
ascertain the
qualifications and fitness of applicants for licenses and
permits; (b) to prescribe rules and regulations for the administration of
the
Act; (c) to conduct hearings on proceedings to refuse to issue, refuse to
renew,
revoke, suspend, or subject to reprimand licenses or permits
under this Act; and (d) to revoke, suspend, or refuse issuance or
renewal
of such
licenses or permits.
(Source: P.A. 92‑499, eff. 1‑1‑02.)
|
(225 ILCS 105/6) (from Ch. 111, par. 5006)
(Section scheduled to be repealed on January 1, 2012)
Sec. 6. Prohibitions. All boxing matches, contests, or exhibits in which
physical contact is made including, but not limited to, "ultimate fighting
exhibitions", are prohibited in Illinois unless authorized by the Department.
This provision does not apply to the following:
(1) Boxing contests or wrestling exhibitions | ||
|
||
(2) Amateur boxing matches sanctioned by the United | ||
|
||
The Department shall have the authority to determine whether a contest or exhibition is an exempt martial arts or kick boxing event for purposes of this Section. In determining whether a contest or exhibition is an exempt martial arts or kick boxing event the Department shall consider, but not be limited to, the following factors: (i) whether the event is sanctioned by a body | ||
|
||
(ii) whether the sanctioning body is exclusively or | ||
|
||
(iii) whether the sanctioning body limits | ||
|
||
(iv) whether the sanctioning body has a record of | ||
|
||
(v) the record for safety of the sanctioning body; (vi) the record for safety of the promoters of the | ||
|
||
(vii) whether the promoter of the contest or | ||
|
||
(viii) whether the rules for the contest or | ||
|
||
(Source: P.A. 93‑978, eff. 8‑20‑04.)
|
(225 ILCS 105/7) (from Ch. 111, par. 5007)
(Section scheduled to be repealed on January 1, 2012)
Sec. 7.
In order to conduct a boxing contest
in this State, a promoter shall obtain a permit issued by the Department
in accordance with this Act and the rules and regulations adopted pursuant
thereto. This permit shall authorize one or more contests or exhibitions.
A permit issued under this Act is not transferable.
(Source: P.A. 92‑499, eff. 1‑1‑02.)
|
(225 ILCS 105/7.5)
(Section scheduled to be repealed on January 1, 2012)
Sec. 7.5.
Ultimate fighting exhibitions.
(a) The General Assembly finds and declares that:
(1) The entertainment spectacle commonly known as | ||
|
||
(2) Unlike the sports of boxing and wrestling, in | ||
|
||
(3) The lack of appropriate restrictions on | ||
|
||
(4) It is therefore an appropriate exercise of the | ||
|
||
(b) The Department, in consultation with the State Boxing and Wrestling
Board, shall adopt rules defining the term "ultimate fighting exhibition" and
distinguishing such exhibitions from the legitimate boxing and wrestling
contests permitted under this Act and the exhibitions or contests of the
martial arts and other sports that are traditionally conducted with respect for
the safety and protection of the participants.
(c) No person may hold, promote, or participate
in
any ultimate fighting exhibition in this State.
(Source: P.A. 91‑408, eff. 1‑1‑00.)
|
(225 ILCS 105/8) (from Ch. 111, par. 5008)
(Section scheduled to be repealed on January 1, 2012)
Sec. 8.
Permits.
(a) A promoter who desires to obtain a permit to conduct a boxing
contest shall apply to the Department at least 20 days prior to the
event,
in writing, on forms furnished by the Department. The application shall
be accompanied by the required fee and shall
contain at least the following information:
(1) the names and addresses of the promoter;
(2) the name of the matchmaker;
(3) the time and exact location of the boxing | ||
|
||
(4) the seating capacity of the building where the | ||
|
||
(5) a copy of the lease or proof of ownership of the | ||
|
||
(6) the admission
charge or charges to be made; and
(7) proof of adequate security measures and adequate | ||
|
||
(b) After the initial application and within 10 days of a scheduled event,
a promoter shall submit to the Department all of the following information:
(1) The amount of compensation to be paid to each | ||
|
||
(2) The names of the contestants.
(3) Proof of insurance for not less than $10,000 for | ||
|
||
Insurance required under this subsection shall cover (i)
hospital, medication, physician, and other such expenses as would
accrue in the treatment of an injury as a result of the boxing contest or
exhibition and (ii) payment to the estate of the contestant in the event of
his or her death as a result
of his or her participation in the boxing contest or exhibition.
(c) All boxing promoters shall provide to the Department, at least 24 hours
prior
to commencement of the event, the amount of the purse to be paid for the event.
The Department shall promulgate rules for payment of the purse.
(d) The boxing contest shall be held in an area where adequate neurosurgical
facilities are immediately available for skilled emergency treatment of an
injured boxer.
It is the responsibility of the promoter to ensure that the building to be used
for the event complies with all laws, ordinances, and regulations in the city,
town, or village where the boxing contest is to be held.
The Department may issue a permit to any promoter who meets the requirements of
this Act
and the rules. The permit shall only be issued for a specific date and location
of a boxing contest and
shall not be transferable.
In an emergency, the Department may allow a promoter to amend a permit
application to hold a boxing contest in a different
location than the
application specifies and may allow the promoter to substitute contestants.
(e) The Department shall be responsible for assigning the judge,
timekeepers, referees, physician, and medical personnel for a boxing contest.
It shall be the responsibility of the promoter to cover the cost of the
individuals utilized at a boxing contest.
(Source: P.A. 91‑408, eff. 1‑1‑00; 92‑499, eff. 1‑1‑02.)
|
(225 ILCS 105/9) (from Ch. 111, par. 5009)
Sec. 9.
(Repealed).
(Source: P.A. 85‑225. Repealed by P.A. 91‑408, eff. 1‑1‑00.)
|
(225 ILCS 105/10) (from Ch. 111, par. 5010)
(Section scheduled to be repealed on January 1, 2012)
Sec. 10.
Who must be licensed.
In order to participate in boxing
contests the following persons
must each be licensed and in good standing with the Department: (a) promoters,
(b) contestants, (c) seconds, (d) referees, (e) judges, (f) managers, (g)
matchmakers, and (h) timekeepers.
Announcers may participate in boxing contests
without being licensed under this Act. It shall be the responsibility of
the promoter to ensure that announcers comply
with the Act, and all rules and regulations promulgated pursuant to this
Act.
A licensed promoter may not act as, and cannot be licensed as, a second,
boxer, referee, timekeeper, judge, or manager. If he or she is so licensed, he
or she must relinquish any of these licenses to the Department for
cancellation.
A person possessing a valid
promoter's license may act as a matchmaker.
(Source: P.A. 91‑408, eff. 1‑1‑00; 92‑499, eff. 1‑1‑02.)
|
(225 ILCS 105/10.5)
(Section scheduled to be repealed on January 1, 2012)
Sec. 10.5.
Unlicensed practice; violation; civil penalty.
(a) Any person who practices, offers to practice, attempts to practice, or
holds oneself out to practice as a promoter, professional boxer,
contestant, second, referee,
judge, manager, matchmaker, or timekeeper without being
licensed under this Act
shall, in
addition to any other penalty provided by law, pay a civil penalty to the
Department in an amount not to exceed $5,000 for each offense as determined by
the Department. The civil penalty shall be assessed by the Department after a
hearing is held in accordance with the provisions set forth in this Act
regarding the provision of a hearing for the discipline of a licensee.
(b) The Department has the authority and power to investigate any and all
unlicensed activity.
(c) The civil penalty shall be paid within 60 days after the effective date
of the order imposing the civil penalty. The order shall constitute a judgment
and may be filed and execution had thereon in the same manner as any judgment
from any court of record.
(Source: P.A. 91‑408, eff. 1‑1‑00.)
|
(225 ILCS 105/11) (from Ch. 111, par. 5011)
(Section scheduled to be repealed on January 1, 2012)
Sec. 11.
Qualifications for license.
The Department shall grant
licenses to the following persons
if the following qualifications are met:
(A) An applicant for licensure as a contestant in a boxing contest must:
(1) be 18 years old, (2) be of good moral character, (3) file an application
stating
the applicant's correct name (and no assumed or ring name may be used
unless such name is registered with the Department along with the applicant's
correct name), date and place of birth, place of current residence, and a
sworn statement that he is not currently in violation of any federal, State or
local laws or rules governing
boxing, (4) file a certificate of a physician licensed to practice medicine
in all of its branches which attests that the applicant is physically fit
and qualified to participate in boxing contests, and (5) pay
the required fee
and meet any other requirements.
Applicants over age 35 who have not competed in a contest within the
last 36
months may be required to appear before the Board to determine their fitness to
participate in a contest. A picture identification card shall be issued to
all
boxers
licensed by the Department
who are residents of
Illinois or who are residents of any jurisdiction, state, or country that does
not regulate professional boxing. The identification card shall be
presented to the
Department or its representative upon request at weigh‑ins.
(B) An applicant for licensure as a boxing referee, judge,
manager, second, matchmaker, or timekeeper must: (1) be of good
moral character, (2) file
an application stating the applicant's name, date and place of birth, and
place of current residence along with a certifying statement that
he is not
currently in violation of any federal, State, or local laws or rules
governing
boxing, (3) have had satisfactory experience in his field, (4) pay the
required fee, and (5) meet any other requirements as determined by rule.
(C) An applicant for licensure as a boxing promoter must: (1) be of good
moral character, (2) file an application with the Department stating the
applicant's name, date and place of birth, place of current residence along
with
a certifying statement that he is not currently in violation of any federal,
State, or local laws or rules governing boxing, (3) provide proof of a surety
bond
of no less than $5,000 to cover financial obligations pursuant to this Act,
payable to the Department and conditioned for the payment of the tax imposed by
this Act and compliance with this Act and the rules promulgated pursuant to
this
Act,
(4) provide a financial statement, prepared by a certified public accountant,
showing
liquid working capital of $10,000 or more, or a $10,000 performance bond
guaranteeing payment of all obligations relating to the promotional activities,
and (5) pay the required fee and meet any other requirements.
In determining good moral character, the Department may take into
consideration any violation of any of the provisions of Section 16 of this
Act and any felony conviction of the applicant, but such a conviction shall
not
operate as a bar to licensure. No license issued under this Act is
transferable.
The Department may issue temporary licenses as provided
by rule.
(Source: P.A. 91‑408, eff. 1‑1‑00; 92‑499, eff. 1‑1‑02.)
|
(225 ILCS 105/12) (from Ch. 111, par. 5012)
(Section scheduled to be repealed on January 1, 2012)
Sec. 12. Contests. Each boxing contestant shall be examined
before entering the
ring and immediately after each contest by a physician
licensed to practice
medicine in all of its branches. The physician
shall determine, prior to
the contest, if each contestant is physically fit to engage in the contest.
After the contest the physician shall examine the contestant to
determine
possible injury. If the contestant's physical condition so indicates, the
physician shall recommend to the Department immediate medical suspension.
The physician may, at any time during the contest, stop the contest to
examine a boxer, and terminate the contest when, in the physician's opinion,
continuing the contest could result in serious injury to the boxer. The
physician shall certify to the condition of the contestant in writing, over
his signature on blank forms provided by the Department. Such reports shall
be submitted to the Department in a timely manner. The physician shall be
paid by the promoter a fee fixed by the Department. No boxing contest shall
be held unless a physician licensed to practice medicine in all of its branches
is in attendance.
No contest shall be allowed to begin unless
at least one physician and 2 trained paramedics or 2 nurses who are trained
to administer emergency medical care are present.
No contest shall be more than 12 rounds in length. The rounds
shall not
be more than 3 minutes each with a one minute interval between them, and
no boxer shall be allowed to participate in more than 12 rounds
within
72 consecutive hours. At each boxing contest there shall be a referee in
attendance who shall direct and control the contest. The referee, before
each contest, shall learn the name of the contestant's chief second and
shall hold the chief second responsible for the conduct of his assistant
during the progress of the contest.
There shall be 2 judges in attendance who shall render a decision at the
end of each contest. The decision of the judges, taken together with the decision
of the referee, is final; or, 3 judges shall score the contest with the
referee not scoring. The method of scoring shall be set forth in rules.
Judges, referees, or timekeepers for contests shall be
assigned by the Department. The Department or its representative shall have
discretion to declare
a price, remuneration,
or purse or any part of it belonging to the contestant withheld if in the
judgment of the Department or its representative the contestant
is not honestly competing.
The Department shall have the authority to prevent a contest or exhibition
from being held and shall have the authority to stop a fight for noncompliance
with any part of this Act or rules or when, in the judgment of the Department,
or its representative, continuation of the event would endanger the health,
safety, and welfare of the contestants or spectators. The Department's authority to stop a fight contest or exhibition on the basis that the fight would endanger the health, safety, and welfare of the contestants or spectators shall extend to any fight contest or exhibition, regardless of whether that fight contest or exhibition is exempted from the prohibition in Section 6 of this Act.
(Source: P.A. 92‑499, eff. 1‑1‑02; 93‑978, eff. 8‑20‑04.)
|
(225 ILCS 105/13) (from Ch. 111, par. 5013)
(Section scheduled to be repealed on January 1, 2012)
Sec. 13.
Tickets; tax.
Tickets to boxing contests,
other than a boxing contest conducted at premises
with an indoor seating
capacity of more than 17,000, shall be printed in such form as
the Department shall prescribe. A certified inventory of all
tickets printed
for any boxing contest shall be mailed to the Department by the
promoter
not less
than 7 days before the boxing contest. The total number of
tickets
printed shall not exceed the total seating capacity of the premises in which
the boxing contest is to be held. No tickets of admission to any
boxing contest,
other than a boxing contest conducted at premises
with an indoor seating
capacity of more than 17,000, shall be sold except those declared on an
official ticket inventory as described in this Section.
A promoter who conducts a boxing contest under this
Act,
other than a boxing contest conducted at premises
with an indoor seating
capacity of more than 17,000, shall, within 24 hours after a boxing contest: (1)
furnish to the Department a written report verified by the promoter or his
authorized designee showing the number of tickets sold for the boxing
contest or the
actual ticket stubs and the
amount of the gross proceeds thereof; and (2) pay to the Department a tax
of 10% of the first $500,000 of gross receipts
from the sale of admission tickets, to be placed in the General Revenue Fund.
(Source: P.A. 91‑408, eff. 1‑1‑00; 92‑499, eff. 1‑1‑02.)
|
(225 ILCS 105/14) (from Ch. 111, par. 5014)
(Section scheduled to be repealed on January 1, 2012)
Sec. 14.
Failure to report ticket sales and tax.
If the permit holder
fails to make a report as required by
Section 13, or if such report is unsatisfactory, the Department may
examine or cause to be examined the books and records of any such holder
or his associates or any other person as a witness under oath to determine
the total amount of tax due under this Act.
If it is determined that there has been a default in the payment of a tax,
the promoter shall be given 20 days notice of the amount due which shall
include the expenses incurred in making the examination.
If the promoter does not pay the amount due he shall be disqualified from
obtaining a
permit under this Act and the Attorney General shall institute suit upon
the bond filed pursuant to this Act to recover the tax or penalties imposed by
this Act.
(Source: P.A. 91‑408, eff. 1‑1‑00.)
|
(225 ILCS 105/15) (from Ch. 111, par. 5015)
(Section scheduled to be repealed on January 1, 2012)
Sec. 15.
Inspectors.
The Director may appoint boxing inspectors to
assist the Department staff in the administration of the Act.
Each boxing instructor appointed
by the
Director shall receive
compensation
for each day he or she is engaged in the transacting of
business of the Department.
Each inspector shall carry a card issued by the Department to authorize
him or her to act in such capacity. The inspector or inspectors shall
supervise
each contest to ensure that the provisions of the Act are
strictly enforced.
The inspectors shall also be present at the counting of the gross receipts
and shall immediately deliver to the Department the official box office
statement as required by Section 13.
(Source: P.A. 91‑408, eff. 1‑1‑00; 92‑499, eff. 1‑1‑02.)
|
(225 ILCS 105/16) (from Ch. 111, par. 5016)
(Section scheduled to be repealed on January 1, 2012)
Sec. 16.
Discipline and sanctions.
(a) The Department may refuse to issue a
permit or license, refuse to renew, suspend, revoke,
reprimand, place on
probation, or take such other disciplinary action as the Department may
deem proper, including the imposition of fines not to exceed $5,000 for
each violation, with regard to any license for one
or
any combination of the following reasons:
(1) gambling, betting or wagering on the result of | ||
|
||
(2) participating in or permitting a sham or fake | ||
|
||
(3) holding the boxing contest at any other time or | ||
|
||
(4) permitting any contestant other than those | ||
|
||
(5) violation or aiding in the violation of any of | ||
|
||
(6) violation of any federal, State or local laws of | ||
|
||
(7) charging a greater rate or rates of admission | ||
|
||
(8) failure to obtain all the necessary permits, | ||
|
||
(9) failure to file the necessary bond or to pay the | ||
|
||
(10) engaging in dishonorable, unethical or | ||
|
||
(11) employment of fraud, deception or any unlawful | ||
|
||
(12) permitting a physician making the physical | ||
|
||
(13) permitting contestants of widely disparate | ||
|
||
(14) boxing while under medical suspension in this | ||
|
||
(15) physical illness, including, but not limited | ||
|
||
(16) allowing one's license or permit issued under | ||
|
||
(17) failing, within a reasonable time, to provide | ||
|
||
(18) professional incompetence;
(19) failure to file a return, or to pay the tax, | ||
|
||
(20) holding or promoting an ultimate fighting | ||
|
||
(21) habitual or excessive use or addiction to | ||
|
||
(22) failure to stop a contest or exhibition when | ||
|
||
(b) The determination by a circuit court that a licensee is subject to
involuntary admission or
judicial admission as provided in the Mental Health and Developmental
Disabilities Code operates as
an automatic suspension. The suspension will end only upon a finding by a court
that the licensee is no
longer subject to involuntary admission or judicial admission, issuance of an
order so finding and
discharging the licensee, and upon the recommendation of the Board to the
Director that the licensee
be allowed to resume his or her practice.
(c) In enforcing this Section, the Board, upon a showing of a possible
violation,
may compel any
individual licensed to practice under this Act, or who has
applied for licensure pursuant to this Act, to submit to a mental or physical
examination, or both, as required
by and at the expense of the Department. The examining physicians or clinical
psychologists shall be
those specifically designated by the Board. The Board or the Department may
order the examining
physician or clinical psychologist to present testimony concerning this mental
or physical examination
of the licensee or applicant. No information shall be excluded
by
reason of any common
law or statutory privilege relating to communications between the licensee or applicant
and the examining physician or clinical psychologist. Eye examinations may be
provided by a
licensed and certified therapeutic optometrist. The individual to be examined
may have, at his or her
own expense, another physician of his or her choice present during all aspects
of the examination.
Failure of any individual to submit to a mental or physical examination, when
directed, shall be
grounds for suspension of a license until such time as the individual submits
to the examination if the
Board finds, after notice and hearing, that the refusal to submit to the
examination was without
reasonable cause.
(d) If the Board finds an individual unable to practice because of the
reasons
set forth in this
Section, the Board shall require the individual to submit to care, counseling,
or treatment by
physicians or clinical psychologists approved or designated by the Board, as a
condition, term, or
restriction for continued, reinstated, or renewed licensure, or
in lieu of care,
counseling, or treatment, the Board may recommend to the Department to file a
complaint to
immediately suspend, revoke, or otherwise discipline the license of the individual. Any
individual whose license was granted pursuant to this Act,
or
continued, reinstated,
renewed, disciplined, or supervised, subject to such conditions, terms, or
restrictions, who shall fail to
comply with such conditions, terms, or restrictions, shall be referred to the
Director for a
determination as to whether the individual shall have his or her license suspended
immediately, pending a hearing by the Board.
(Source: P.A. 91‑408, eff. 1‑1‑00; 92‑499, eff. 1‑1‑02.)
|
(225 ILCS 105/17) (from Ch. 111, par. 5017)
(Section scheduled to be repealed on January 1, 2012)
Sec. 17.
Administrative Procedure Act.
The Illinois Administrative
Procedure Act is hereby expressly adopted and incorporated herein as if all of
the provisions of that Act were included in this Act. For the purposes of this
Act the notice required under Section 10‑25 of the Administrative Procedure Act
is deemed sufficient when mailed to the last known address of a party.
(Source: P.A. 88‑45.)
|
(225 ILCS 105/17.7)
(Section scheduled to be repealed on January 1, 2012)
Sec. 17.7.
Restoration of suspended or revoked license.
At
any time after the
suspension or revocation of a license, the Department may restore it to the
licensee
upon the written recommendation of the Board, unless after an investigation and
a hearing the Board
determines that restoration is not in the public interest.
(Source: P.A. 91‑408, eff. 1‑1‑00; 92‑499, eff. 1‑1‑02.)
|
(225 ILCS 105/17.8)
(Section scheduled to be repealed on January 1, 2012)
Sec. 17.8.
Surrender of license.
Upon the revocation or
suspension of a
license or registration, the licensee
shall immediately surrender his or her license to the
Department. If the
licensee fails to do so, the
Department has the right to seize the license.
(Source: P.A. 91‑408, eff. 1‑1‑00; 92‑499, eff. 1‑1‑02.)
|
(225 ILCS 105/17.9)
(Section scheduled to be repealed on January 1, 2012)
Sec. 17.9.
Summary suspension of a license.
The Director
may summarily
suspend a license without a hearing if the Director finds that evidence in
the
Director's possession
indicates that the continuation of practice would constitute an imminent
danger to the public or the
individual involved. If the Director summarily suspends the
license
without a hearing, a hearing must be commenced within 30 days after the
suspension has occurred
and concluded as expeditiously as practical.
(Source: P.A. 91‑408, eff. 1‑1‑00; 92‑499, eff. 1‑1‑02.)
|
(225 ILCS 105/17.10)
(Section scheduled to be repealed on January 1, 2012)
Sec. 17.10.
Administrative review; venue.
(a) All final administrative decisions of the Department are subject to
judicial review under the
Administrative Review Law and its rules. The term "administrative decision" is
defined as in Section
3‑101 of the Code of Civil Procedure.
(b) Proceedings for judicial review shall be commenced in the circuit court
of the county in
which the party applying for review resides, but if the party is not a resident
of Illinois, the venue shall
be in Sangamon County.
(Source: P.A. 91‑408, eff. 1‑1‑00.)
|
(225 ILCS 105/17.11)
(Section scheduled to be repealed on January 1, 2012)
Sec. 17.11.
Certifications of record; costs.
The Department shall not be
required to certify any
record to the court, to file an answer in court, or to otherwise appear in any
court in a judicial review
proceeding unless there is filed in the court, with the complaint, a receipt
from the Department
acknowledging payment of the costs of furnishing and certifying the record,
which costs shall be
determined by the Department. Failure on the part of the plaintiff to file the
receipt in court is grounds
for dismissal of the action.
(Source: P.A. 91‑408, eff. 1‑1‑00.)
|
(225 ILCS 105/17.12)
(Section scheduled to be repealed on January 1, 2012)
Sec. 17.12.
Consent order.
At any point in the proceedings, both parties
may agree to a
negotiated consent order. The consent order shall be final upon signature of
the Director.
(Source: P.A. 91‑408, eff. 1‑1‑00.)
|
(225 ILCS 105/18) (from Ch. 111, par. 5018)
(Section scheduled to be repealed on January 1, 2012)
Sec. 18.
Investigations; notice and hearing.
The Department may investigate the
actions
of any applicant or of
any person or persons promoting or participating in a contest
or
any person holding or
claiming to hold a license. The Department shall, before
revoking, suspending,
placing on probation,
reprimanding, or taking any other disciplinary action under this Act, at least
30 days before the date
set for the hearing, (i) notify the accused in writing of the charges made and
the time and place for
the hearing on the charges, (ii) direct him or her to file a written answer to
the charges with the Board
under oath within 20 days after the service on him or her of the notice, and
(iii) inform the accused
that, if he or she fails to answer, default will be taken against him or her or
that his or her license may
be suspended, revoked, or placed on probationary status or that other
disciplinary action may be taken with regard
to the license, including limiting the scope, nature, or
extent
of his or her
practice, as the Department
may consider proper. At the time and place fixed in the notice, the Board shall
proceed to hear the
charges, and the parties or their counsel shall be accorded ample opportunity
to present any pertinent
statements, testimony, evidence, and arguments. The Board may continue the
hearing from time to
time. In case the person, after receiving the notice, fails to file an answer,
his or her license may, in
the discretion of the Department, be suspended, revoked, or placed on
probationary status or the
Department may take whatever disciplinary action considered proper, including
limiting the scope,
nature, or extent of the person's practice or the imposition of a fine, without
a hearing, if the act or
acts charged constitute sufficient grounds for that action under this Act. The
written notice may be
served by personal delivery or by certified mail to the address specified by
the accused in his or her
last notification with the Department.
(Source: P.A. 91‑408, eff. 1‑1‑00; 92‑499, eff. 1‑1‑02.)
|
(225 ILCS 105/19) (from Ch. 111, par. 5019)
(Section scheduled to be repealed on January 1, 2012)
Sec. 19.
Findings and recommendations.
At the conclusion of the hearing, the Board
shall present to the
Director a written report of its findings, conclusions of law, and
recommendations. The report shall
contain a finding of whether the accused person violated this Act or its
rules or failed to comply
with the conditions required in this Act or its rules. The Board shall specify
the nature of any
violations or failure to comply and shall make its recommendations to the
Director. In making
recommendations for any disciplinary actions, the Board may take into
consideration all facts and
circumstances bearing upon the reasonableness of the conduct of the accused and
the potential for future harm to the public including, but not limited to,
previous discipline of the accused by the Department, intent, degree of harm to
the public and likelihood of harm in the future, any restitution made by the
accused, and whether the incident or incidents contained in the complaint
appear to be isolated or represent a continuing pattern of conduct. In making
its recommendations for discipline,
the Board shall endeavor to ensure that the severity of the discipline
recommended is reasonably related to the severity of the violation.
The report of findings of fact, conclusions of law, and recommendation of the
Board shall be
the basis for the Department's order refusing to issue, restore, or renew a
license, or otherwise
disciplining a licensee. If the Director disagrees with the
recommendations of the Board, the Director
may issue an order in contravention of the Board recommendations. The Director
shall provide a
written report to the Board on any disagreement and shall specify the reasons
for the action in the
final order. The finding is not admissible in evidence against the person in a
criminal prosecution
brought for a violation of this Act, but the hearing and finding are not a bar
to a criminal prosecution
brought for a violation of this Act.
(Source: P.A. 91‑408, eff. 1‑1‑00; 92‑499, eff. 1‑1‑02.)
|
(225 ILCS 105/19.1) (from Ch. 111, par. 5019.1)
(Section scheduled to be repealed on January 1, 2012)
Sec. 19.1.
Appointment of a hearing officer.
The Director has
the authority to appoint any attorney duly licensed to practice law in the
State of Illinois to serve as the hearing officer in any action for refusal
to issue, restore, or renew a license or
discipline of
a licensee. The hearing officer has
full authority to
conduct the hearing. The hearing officer shall report his or her findings
of fact,
conclusions of law, and
recommendations to the Board and the Director. The Board shall have 60 days
from
receipt of the report to review the report of the hearing officer and
present its findings of fact, conclusions of law and recommendations to the
Director. If the Board fails to present its report within the 60 day
period, the Director may issue an order based on the report of
the
hearing officer. If the Director determines that the Board's report is
contrary to the manifest weight of the evidence, he may issue an order in
contravention of the recommendation.
The Director shall promptly provide a written report of the Board on any
deviation and shall specify the reasons for the action in the final order.
(Source: P.A. 91‑408, eff. 1‑1‑00; 92‑499, eff. 1‑1‑02.)
|
(225 ILCS 105/19.2)
(Section scheduled to be repealed on January 1, 2012)
Sec. 19.2.
Subpoenas; depositions; oaths.
The Department has the power to
subpoena and to
bring before it any person and to take testimony either orally or by
deposition, or both, with the same
fees and mileage and in the same manner as prescribed in civil cases in the
courts of this State.
The Director, the designated hearing officer, and every member of the Board
has the power to
administer oaths to witnesses at any hearing that the Department is authorized
to conduct and any
other oaths authorized in any Act administered by the Department.
(Source: P.A. 91‑408, eff. 1‑1‑00.)
|
(225 ILCS 105/19.3)
(Section scheduled to be repealed on January 1, 2012)
Sec. 19.3.
Compelling testimony.
Any circuit court, upon application of
the Department,
designated hearing officer, or the applicant or licensee against
whom
proceedings under this Act are
pending, may enter an order requiring the attendance of witnesses and their
testimony and the
production of documents, papers, files, books, and records in connection with
any hearing or
investigation. The court may compel obedience to its order by proceedings for
contempt.
(Source: P.A. 91‑408, eff. 1‑1‑00; 92‑499, eff. 1‑1‑02.)
|
(225 ILCS 105/19.4)
(Section scheduled to be repealed on January 1, 2012)
Sec. 19.4.
Director; rehearing.
Whenever the Director believes that
justice has not been done
in the revocation, suspension, refusal to issue, restore, or renew a
license, or other discipline of an
applicant or licensee, he or she may order a
rehearing by the same
or other
examiners.
(Source: P.A. 91‑408, eff. 1‑1‑00; 92‑499, eff. 1‑1‑02.)
|
(225 ILCS 105/19.5)
(Section scheduled to be repealed on January 1, 2012)
Sec. 19.5.
Order or certified copy; prima facie proof.
An order or
certified copy thereof, over
the seal of the Department and purporting to be signed by the Director, is
prima facie proof that:
(1) the signature is the genuine signature of the | ||
|
||
(2) the Director is duly appointed and qualified; and
(3) the Board and its members are qualified to act.
(Source: P.A. 91‑408, eff. 1‑1‑00.)
|
(225 ILCS 105/20) (from Ch. 111, par. 5020)
(Section scheduled to be repealed on January 1, 2012)
Sec. 20.
Stenographer; transcript.
The Department, at its expense,
shall provide a stenographer
to take down the testimony and preserve a record of all proceedings at
the hearing of any case wherein a license or permit is subjected to
disciplinary action. The notice of hearing, complaint and all other
documents in the nature of pleadings and written motions filed in the
proceedings, the transcript of testimony, the report of the board and the
orders of the Department shall be the record of the proceedings.
The
Department shall furnish a transcript of the record to any person
interested in the hearing upon payment of the fee required under
Section
2105‑115 of the Department of Professional Regulation Law (20 ILCS
2105/2105‑115).
(Source: P.A. 91‑239, eff. 1‑1‑00.)
|
(225 ILCS 105/21) (from Ch. 111, par. 5021)
(Section scheduled to be repealed on January 1, 2012)
Sec. 21.
Injunctive action; cease and desist order.
(a) If a person violates the provisions of this Act, the Director, in the
name of the People of
the State of Illinois, through the Attorney General or the State's Attorney of
the county in which the
violation is alleged to have occurred, may petition for an order enjoining the
violation or for an order
enforcing compliance with this Act. Upon the filing of a verified petition, the
court with appropriate
jurisdiction may issue a temporary restraining order, without notice or bond,
and may preliminarily
and permanently enjoin the violation. If it is established that the person has
violated or is violating the
injunction, the court may punish the offender for contempt of court.
Proceedings under this Section
are in addition to, and not in lieu of, all other remedies and penalties
provided by this Act.
(b) Whenever, in the opinion of the Department, a person violates any
provision of this Act, the
Department may issue a rule to show cause why an order to cease and desist
should not be entered
against that person. The rule shall clearly set forth the grounds relied upon
by the Department and
shall allow at least 7 days from the date of the rule to file an answer
satisfactory to the Department.
Failure to answer to the satisfaction of the Department shall cause an order to
cease and desist to be
issued.
(Source: P.A. 91‑408, eff. 1‑1‑00.)
|
(225 ILCS 105/22) (from Ch. 111, par. 5022)
(Section scheduled to be repealed on January 1, 2012)
Sec. 22.
The expiration date and renewal period for each license
issued under this Act shall be set by rule. The holder of a license
may renew such license during the month preceding the expiration date
thereof by paying the required fee.
(Source: P.A. 82‑522.)
|
(225 ILCS 105/23) (from Ch. 111, par. 5023)
(Section scheduled to be repealed on January 1, 2012)
Sec. 23.
Fees.
The fees for the administration and enforcement of
this Act including, but not limited to, original licensure, renewal, and
restoration shall be set by rule. The fees shall not be refundable.
Beginning July 1, 2003, all of the fees, taxes, and fines collected under
this Act shall be deposited into the General Professions Dedicated Fund.
(Source: P.A. 92‑16, eff. 6‑28‑01;
92‑499, eff. 1‑1‑02; 93‑32, eff. 7‑1‑03.)
|
(225 ILCS 105/23.1) (from Ch. 111, par. 5023.1)
(Section scheduled to be repealed on January 1, 2012)
Sec. 23.1.
Returned checks; fines.
Any person who delivers a check or other
payment to the Department that is returned to the Department unpaid by the
financial institution upon which it is drawn shall pay to the Department, in
addition to the amount already owed to the Department, a fine of $50. The
fines imposed by this Section are in addition to any other discipline provided
under this Act for unlicensed practice or practice on a nonrenewed license.
The Department shall notify the person that payment of fees and fines shall be
paid to the Department by certified check or money order within 30 calendar
days of the notification. If, after the expiration of 30 days from the date of
the notification, the person has failed to submit the necessary remittance,
the Department shall automatically terminate the license or deny the
application, without hearing. If, after termination or denial, the person
seeks a license, he or she shall apply to the Department for restoration or
issuance of the license and pay all fees and fines due to the Department.
The Department may establish a fee for the processing of an application for
restoration of a license to pay all expenses of processing this application.
The Director may waive the fines due under this Section in individual cases
where the Director finds that the fines would be unreasonable or unnecessarily
burdensome.
(Source: P.A. 92‑146, eff. 1‑1‑02; 92‑499, eff. 1‑1‑02.)
|
(225 ILCS 105/24) (from Ch. 111, par. 5024)
(Section scheduled to be repealed on January 1, 2012)
Sec. 24.
A person who violates a provision of this Act is guilty
of a Class A Misdemeanor. On conviction of a second or subsequent offense
the violator shall be guilty of a Class 4 felony.
(Source: P.A. 86‑615.)
|
(225 ILCS 105/25) (from Ch. 111, par. 5025)
(Section scheduled to be repealed on January 1, 2012)
Sec. 25.
This Act shall not affect licenses or permits issued
under the Athletic Exhibition Registration Act.
(Source: P.A. 82‑522.)
|
(225 ILCS 105/25.1)
(Section scheduled to be repealed on January 1, 2012)
Sec. 25.1.
Medical Suspension.
A licensee who is determined by the
examining
physician to
be unfit to compete or officiate shall be immediately suspended until it is
shown that he or she is fit for
further competition or officiating. If the licensee disagrees with a medical
suspension set at the
discretion of the ringside physician, he or she may request a hearing to show
proof of fitness. The
hearing shall be provided at the earliest opportunity after the Department
receives a written request
from the licensee.
If the referee has rendered a decision of technical knockout against a boxing
contestant or if
the contestant is knocked out other than by a blow to the head, the boxing
contestant shall be
immediately suspended for a period of not less than 30 days.
If the boxing contestant has been knocked out by a blow to the head, he or
she shall be
suspended immediately for a period of not less than 45 days.
Prior to reinstatement, any boxing contestant suspended for his or her
medical protection shall
satisfactorily pass a medical examination upon the direction of the
Department. The examining
physician may require any necessary medical procedures during the
examination.
(Source: P.A. 91‑408, eff. 1‑1‑00.)
|
(225 ILCS 105/26) (from Ch. 111, par. 5026)
(Section scheduled to be repealed on January 1, 2012)
Sec. 26.
Home rule pre‑emption.
It is declared to be the public policy
of this State, pursuant to subsection (h) of
Section 6 of Article VII of the Illinois Constitution of 1970, that any power
or function set forth in this Act to be exercised by the State, including the
regulation of ultimate fighting exhibitions, is an exclusive State power or
function. Such power or function shall not be exercised concurrently, either
directly or indirectly, by any unit of local government, including home rule
units, except as otherwise provided in this Act.
(Source: P.A. 89‑578, eff. 7‑30‑96.)
|
Disclaimer: These codes may not be the most recent version. Illinois may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
