There is a newer version of the Illinois Compiled Statutes
2005 Illinois Code - Chapter 225 Professions And Occupations 225 ILCS 305/ Illinois Architecture Practice Act of 1989.
(225 ILCS 305/1) (from Ch. 111, par. 1301)
(Section scheduled to be repealed on January 1, 2010)
Sec. 1.
Short title.
This Act shall be known and may be cited as the
Illinois Architecture Practice Act of 1989.
(Source: P.A. 86‑702.)
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(225 ILCS 305/2) (from Ch. 111, par. 1302)
(Section scheduled to be repealed on January 1, 2010)
Sec. 2.
Declaration of public policy.
The practice of architecture 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 the practice of
architecture, as defined in this Act, merit and receive the confidence of
the public, and that only qualified persons be authorized to practice
architecture in the State of Illinois. This Act shall be liberally
construed to best carry out these subjects and purposes.
(Source: P.A. 86‑702.)
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(225 ILCS 305/3) (from Ch. 111, par. 1303)
(Section scheduled to be repealed on January 1, 2010)
Sec. 3. Application of Act. Nothing in this Act shall be
deemed or construed to prevent the practice of structural engineering as
defined in the Structural Engineering Practice Act of 1989, the practice
of professional engineering as defined in the Professional Engineering
Practice Act of 1989, or the preparation of documents used to prescribe
work to be done inside buildings for non‑loadbearing interior construction,
furnishings, fixtures and equipment, or the offering or preparation of
environmental analysis, feasibility studies, programming or construction
management services by persons other than those licensed in accordance with
this Act, the Structural Engineering Practice Act of 1989 or
the Professional Engineering Practice Act of 1989.
Nothing contained in this Act shall prevent the draftsmen, students,
project representatives and other employees of those lawfully practicing as
licensed architects under the provisions of this Act, from acting under the
direct supervision and control of their employers, or to prevent the
employment of project representatives for enlargement or alteration of
buildings or any parts thereof, or prevent such project representatives
from acting under the direct supervision and control of the licensed
architect by whom the construction documents including drawings and
specifications of any such building, enlargement or alteration were prepared.
Nothing in this Act or any other Act shall prevent a licensed
architect from practicing interior design services. Nothing in this Act
shall be construed as requiring the services of an interior designer for
the interior designing of a single family residence.
The involvement of a licensed architect is not required for the following:
(A) The building, remodeling or repairing of any | ||
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(B) The construction, remodeling or repairing of a | ||
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(C) The construction, remodeling or repairing of a | ||
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(D) Interior design services for buildings which do | ||
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However, when an ordinance of a unit of local government requires the involvement of a licensed architect for any buildings included in the preceding paragraphs (A) through (D), the requirements of this Act shall apply. All buildings not included in the preceding paragraphs (A)
through (D), including multi‑family buildings and buildings previously
exempt from the involvement of a licensed architect under those paragraphs but subsequently non‑exempt due to a change
in occupancy or use, are subject to the requirements of this Act. Interior
alterations which result in life safety or structural changes of the
building are subject to the requirements of this Act.
(Source: P.A. 92‑16, eff. 6‑28‑01; 93‑1009, eff. 1‑1‑05.)
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(225 ILCS 305/4) (from Ch. 111, par. 1304)
(Section scheduled to be repealed on January 1, 2010)
Sec. 4. Definitions. In this Act:
(a) "Department" means the Department of Professional Regulation.
(b) "Director" means the Director of Professional Regulation.
(c) "Board" means the Illinois Architecture Licensing Board appointed by the Director.
(d) "Public health" as related to the practice of architecture means the state of the well‑being of the body or mind of the building user.
(e) "Public safety" as related to the practice of architecture means the state of being reasonably free from risk of danger, damage, or injury.
(f) "Public welfare" as related to the practice of architecture means the well‑being of the building user resulting from the state of a physical environment that accommodates human activity.
(Source: P.A. 93‑1009, eff. 1‑1‑05.)
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(225 ILCS 305/5) (from Ch. 111, par. 1305)
(Section scheduled to be repealed on January 1, 2010)
Sec. 5.
Architect defined; Acts constituting practice.
An
architect is a person who is qualified by education, training, experience,
and examination, and who is licensed under the laws of this State, to
practice architecture.
The practice of architecture within the meaning and intent of this Act
includes the offering or furnishing of professional services, such as
consultation, environmental analysis, feasibility studies, programming,
planning, aesthetic and structural design, technical submissions
consisting of drawings and specifications and other documents required in
the construction process, administration of construction contracts, project
representation, and construction management, in connection with the
construction of any private or public building, building structure,
building project, or addition to or alteration or restoration thereof.
(Source: P.A. 92‑360, eff. 1‑1‑02.)
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(225 ILCS 305/6) (from Ch. 111, par. 1306)
(Section scheduled to be repealed on January 1, 2010)
Sec. 6.
Technical submissions.
All
technical submissions
intended for use in construction in the State of Illinois shall be prepared
and administered in accordance with standards of reasonable professional
skill and diligence. Care shall be taken to reflect the requirements of
State statutes and, where applicable, county and municipal building
ordinances in such submissions. In recognition that
architects are licensed
for the protection of the public health, safety and welfare, submissions
shall be of such quality and scope, and be so administered, as to conform to
professional standards.
Technical submissions are the designs,
drawings and specifications which
establish the scope of the architecture to be constructed, the standard of
quality for materials, workmanship, equipment, and construction systems,
and the studies and other technical reports and calculations prepared in
the
course of the
practice of architecture.
(Source: P.A. 92‑360, eff. 1‑1‑02.)
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(225 ILCS 305/7) (from Ch. 111, par. 1307)
(Section scheduled to be repealed on January 1, 2010)
Sec. 7.
Exempt from Structural Engineers' Act.
Any person licensed to practice architecture in this State under this Act
is exempt from the provisions of any and all Acts in force in this
State regulating the practice of structural engineering.
(Source: P.A. 86‑702.)
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(225 ILCS 305/8) (from Ch. 111, par. 1308)
(Section scheduled to be repealed on January 1, 2010)
Sec. 8.
Powers and duties of the Department.
(1) Subject to the provisions of this Act, the Department shall
exercise the following functions, powers, and duties:
(a) conduct examinations to ascertain the | ||
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(b) prescribe rules for a method of examination of | ||
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(c) prescribe rules defining what constitutes a | ||
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(d) prescribe rules for diversified professional | ||
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(e) conduct oral interviews, disciplinary | ||
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(f) issue licenses to those who meet the | ||
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(g) formulate and publish rules necessary or | ||
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(h) maintain membership in the National Council of | ||
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(2) Prior to issuance of any final decision or order that deviates from
any report or recommendation of the Board relating to the qualification of
applicants, discipline of licensees or registrants, or promulgation of rules,
the Director shall notify the Board in writing with an explanation of the deviation and provide a reasonable time for the Board to submit
written comments to the Director regarding the proposed
action. In the event that the Board fails or declines to submit
written comments within 30 days of the notification, the Director
may issue a final decision or order consistent with the
Director's original decision. The Department may at any time seek the expert
advice and knowledge of the Board on any matter relating to the enforcement of
this Act.
(Source: P.A. 91‑133, eff. 1‑1‑00; 92‑16, eff. 6‑28‑01.)
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(225 ILCS 305/9) (from Ch. 111, par. 1309)
(Section scheduled to be repealed on January 1, 2010)
Sec. 9.
Creation of the Board.
The Director shall appoint an
Architecture Licensing Board which will consist of 6 members.
Five members
shall be licensed architects, one of whom shall be a tenured member of the
architectural faculty of the University of Illinois. The other 4 shall be
licensed architects, residing in this State, who have been engaged in the
practice of architecture at least 10 years. In addition to the 5 licensed
architects, there shall be one public member. The public member shall be a
voting member and shall not hold a license as an architect, professional
engineer, structural engineer or land surveyor.
Board members shall serve 5 year terms and until their successors are
appointed and qualified. In making the designation of
persons to the Board, the Director shall give due consideration to
recommendations by members and organizations of the profession.
The membership of the Board should reasonably reflect representation from
the geographic areas in this State.
No member shall be reappointed to the Board for a term which would cause
his or her continuous service on the Board to be longer than 10 successive
years.
Service prior to the effective date of this Act shall not be considered.
Appointments to fill vacancies shall be made in the same manner as
original appointments, for the unexpired portion of the vacated term.
Initial terms shall begin upon the effective date of this Act and Board
members in office on that date under the predecessor Act may be appointed
to specific terms as indicated in this Section.
Persons holding office as members of the Board under the Illinois
Architecture Act immediately prior to the effective date of this Act shall
continue as members of the Board under this Act until the expiration of the
term for which they were appointed and until their successors are appointed and
qualified.
A quorum of the Board shall consist of a majority of Board members
currently appointed. A majority vote of the quorum is required for Board
decisions.
The Director may remove any member of the Board for misconduct,
incompetence, neglect of duty, or for reasons prescribed by law for
removal of State officials.
The Director may remove a member of the Board who does not attend 2
consecutive meetings.
Notice of proposed rulemaking shall be transmitted to the Board and the
Department shall review the response of the Board and any recommendations
made therein. The Department may, at any time, seek the expert advice and
knowledge of the Board on any matter relating to the administration or
enforcement of this Act.
Members of the Board are immune from suit in any action based upon
any disciplinary proceedings or other activities performed in good faith as
members of the Board.
(Source: P.A. 91‑133, eff. 1‑1‑00.)
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(225 ILCS 305/10) (from Ch. 111, par. 1310)
(Section scheduled to be repealed on January 1, 2010)
Sec. 10.
Powers and duties of the Board.
(a) The Board shall hold at
least 3 regular meetings each year.
(b) The Board shall annually elect a Chairperson and a Vice Chairperson who
shall be licensed
architects.
(c) The Board, upon request by the Department, may make a curriculum
evaluation to determine if courses conform to the requirements of approved
architectural programs.
(d) The Board shall assist the Department in conducting oral interviews,
disciplinary conferences and formal evidentiary hearings.
(e) The Department may, at any time, seek the expert advice and knowledge
of the Board on any matter relating to the enforcement of this Act.
(f) The Board may appoint a subcommittee to serve as a Complaint Committee
to recommend the disposition of case files according to procedures established
by rule.
(g) The Board shall review applicant qualifications to sit for
the examination or for licensure and shall make recommendations to the
Department. The Department shall review the Board's recommendations on
applicant qualifications. The Director shall notify the Board in writing
with an explanation of any deviation from the Board's recommendation on
applicant qualifications. After review of the Director's written
explanation of his or her reasons for deviation, the Board shall have the
opportunity to comment upon the Director's decision.
(h) The Board shall submit written comments to the Director within 30 days
from
notification of any final decision or order from the Director that deviates
from any report or recommendation of the Board relating to the qualifications
of applicants, discipline of licensees or registrants, or promulgation of
rules.
(Source: P.A. 91‑133, eff. 1‑1‑00.)
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(225 ILCS 305/11) (from Ch. 111, par. 1311)
(Section scheduled to be repealed on January 1, 2010)
Sec. 11.
Application for original license.
Applications for original
licensure shall be made to the Department in writing on forms prescribed by
the Department and shall be accompanied by the required fee, which is
not refundable. Any such application shall require information as in
the judgment of the Department will enable the Department to pass on the
qualifications of the applicant to practice architecture.
The Department may require an applicant, at the applicant's expense, to have
an evaluation of the applicant's education in a foreign country by a nationally
recognized educational body approved by the Board in accordance with rules
prescribed by the Department.
An applicant who has graduated from an architectural program outside the
United
States or its territories and whose first language is not English shall submit
certification of passage of the Test of English as a Foreign Language (TOEFL)
and the Test of Spoken English (TSE) as defined by rule.
(Source: P.A. 91‑133, eff. 1‑1‑00.)
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(225 ILCS 305/11.5)
(Section scheduled to be repealed on January 1, 2010)
Sec. 11.5.
Social Security Number on license
application. In addition
to any other information required to be contained in the application, every
application for an original, renewal, or restored license under this Act shall
include the applicant's Social Security Number.
(Source: P.A. 90‑144, eff. 7‑23‑97.)
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(225 ILCS 305/12) (from Ch. 111, par. 1312)
(Section scheduled to be repealed on January 1, 2010)
Sec. 12.
Examinations; subjects; failure or refusal to take
examination. The Department shall authorize examination of applicants as
architects at such times and places as it may determine. The examination
shall be in English and shall be written or written and graphic. It shall
include at a minimum the following subjects:
(a) pre‑design (environmental analysis, | ||
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(b) site planning (site analysis, design and | ||
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(c) building planning (conceptual planning of | ||
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(d) building technology (application of structural | ||
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(e) general structures (identification, resolution, | ||
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(f) lateral forces (identification and resolution of | ||
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(g) mechanical and electrical systems (as applied to | ||
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(h) materials and methods (as related to the design | ||
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(i) construction documents and services (conduct of | ||
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It shall be the responsibility of the applicant to be familiar with
this Act and its rules.
Examination subject matter headings and bases on which examinations are
graded shall be indicated in rules pertaining to this Act. The Department
may adopt the examinations and grading procedures of the National Council
of Architectural Registration Boards. Content of any particular
examination shall not be considered public record under the Freedom of
Information Act.
If an applicant neglects without an approved excuse or refuses to take
the next available examination offered for licensure under this Act, the
fee paid by the applicant shall be forfeited. If an applicant fails to
pass an examination for licensure under this Act within 3 years after
filing an application, the application shall be denied. The applicant
may, however, make a new application for examination accompanied
by the required fee and must furnish proof of meeting the qualifications
for examination in effect at the time of the new application.
The Department may by rule prescribe additional subjects for examination.
An applicant has one year from the date of notification of
successful completion of all the examination requirements to apply to the
Department for a license. If an applicant fails to apply within one year,
the applicant shall be required to again take and pass the examination.
(Source: P.A. 91‑133, eff. 1‑1‑00; 92‑16, eff. 6‑28‑01.)
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(225 ILCS 305/14) (from Ch. 111, par. 1314)
(Section scheduled to be repealed on January 1, 2010)
Sec. 14.
Display of license; Seal.
Every holder of a license as a
licensed architect shall display it in a conspicuous place in the principal
office of the architect.
Every licensed architect shall have a reproducible
seal, or facsimile,
the print of which shall contain the name of the architect, the license
number, and the words "Licensed Architect, State of Illinois". The
licensed architect shall affix the signature, current date, date of license
expiration and seal to the first sheet of any bound set or loose sheets of
technical submissions utilized as contract
documents between the parties to the contract or prepared for the
review and approval of any governmental or public authority having
jurisdiction by that licensed architect or under that licensed
architect's responsible control. The sheet
of technical submissions in which the seal is affixed shall indicate those documents or
parts thereof for which the seal shall apply.
The seal and dates may be electronically affixed. The signature must be
in the original handwriting of the licensee. Signatures generated by computer
shall not be permitted. All technical submissions issued by any corporation,
partnership, professional service corporation, or professional design firm as
registered under this Act shall contain the corporate or assumed business name
and design firm registration number, in addition to any other seal
requirements as set forth in this Section.
"Responsible control" means that amount of control over and detailed
professional knowledge of
the content of technical submissions during their preparation as is ordinarily
exercised by architects
applying the required professional standard of care. Merely reviewing or
reviewing and correcting the
technical submissions or any portion thereof prepared by those not in the
regular employment of the
office where the architect is resident without control over the content of such
work throughout its
preparation does not constitute responsible control.
An architect licensed under the laws of this jurisdiction shall not sign and
seal technical
submissions that were not prepared by or under the responsible control of the
architect except that:
(1) the architect may sign and seal those portions | ||
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(2) the architect may sign and seal portions of the | ||
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(3) a partner or corporate officer of a professional | ||
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The architect exercising responsible control under which the documents or
portions of the
documents were prepared shall be identified on the documents or portions of the
documents by name and
Illinois license number.
Any licensed architect who signs and seals technical submissions not prepared
by that architect
but prepared under the architect's responsible control by persons not regularly
employed in the office
where the architect is resident shall maintain and make available to the board
upon request for at
least 5 years following such signing and sealing, adequate and complete records
demonstrating the
nature and extent of the architect's control over and detailed professional
knowledge of such
technical submissions throughout their preparation.
(Source: P.A. 91‑133, eff. 1‑1‑00; 92‑360, eff. 1‑1‑02.)
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(225 ILCS 305/15) (from Ch. 111, par. 1315)
(Section scheduled to be repealed on January 1, 2010)
Sec. 15.
Issuance of license.
Whenever the provisions of this Act
have been complied with the Department shall issue a license as an architect.
(Source: P.A. 86‑702.)
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(225 ILCS 305/16) (from Ch. 111, par. 1316)
(Section scheduled to be repealed on January 1, 2010)
Sec. 16.
Licenses; Renewal; Restoration; Architects in military
service. 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. A licensed architect who has permitted his
license to expire or who has had his license on inactive status may have
his license restored by making application to the Department and filing
proof acceptable to the Department of his fitness to have his license
restored, including sworn evidence certifying to active practice in another
jurisdiction satisfactory to the Department, and by paying the required restoration fee.
If the person has not maintained an active practice in another
jurisdiction satisfactory to the Department, the Board shall determine, by
an evaluation program established by rule, that person's fitness to resume
active status and may require that person to successfully complete an examination.
Any person whose license has been expired for more than 3 years may have
his license restored by making application to the Department and filing
proof acceptable to the Department of his fitness to have his license
restored, including sworn evidence certifying to active practice in another
jurisdiction, and by paying the required restoration fee.
However, any person whose license has expired while he has been engaged
(1) in federal service on active duty with the Army of the United States,
the United States Navy, the Marine Corps, the Air Force, the Coast Guard,
or the State Militia called into the service or training of the United
States of America, or (2) in training or education under the supervision of
the United States preliminary to induction into the military service, may
have his license restored or reinstated without paying any lapsed renewal
fees or restoration fee if within 2 years after termination of such
service, training or education other than by dishonorable discharge he
furnishes the Department with an affidavit to the effect that he has been
so engaged and that his service, training or education has been so terminated.
(Source: P.A. 86‑702.)
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(225 ILCS 305/16.5)
(Section scheduled to be repealed on January 1, 2010)
Sec. 16.5.
Continuing education.
The Department may promulgate rules of
continuing education for persons licensed under this Act. The Department shall
consider the recommendations of the Board in establishing the guidelines for
the continuing education requirements. The requirements of this Section apply
to any person seeking renewal or restoration under Section 16 or 17 of this
Act.
(Source: P.A. 91‑133, eff. 1‑1‑00.)
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(225 ILCS 305/17) (from Ch. 111, par. 1317)
(Section scheduled to be repealed on January 1, 2010)
Sec. 17.
Inactive status; Restoration.
Any licensed architect, who
notifies the Department in writing on forms prescribed by the Department,
may elect to place his or her license on an inactive status and shall,
subject to rules of the Department, be excused from payment of renewal fees
until he or she notifies the Department in writing of his or her desire to
resume active status.
Any licensed architect requesting restoration from inactive status shall
be required to pay the current renewal fee and shall have his or her
license restored as provided in Section 16 of this Act.
Any licensed architect whose license is in an inactive status shall not
practice architecture in the State of Illinois.
(Source: P.A. 86‑702.)
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(225 ILCS 305/18) (from Ch. 111, par. 1318)
(Section scheduled to be repealed on January 1, 2010)
Sec. 18.
Endorsement.
The Department may, in its discretion, license
as an architect, without examination on payment of the required fee, an
applicant who is an architect licensed under the laws of another state or
territory, if the requirements for licensure in the state or territory in
which the applicant was licensed were, at the date of his licensure,
substantially equivalent to the requirements in force in this State on that date.
Applicants have 3 years from the date of application to complete the
application process. If the process has not been completed within the 3
years, the application shall be denied, the fee forfeited and the applicant
must reapply and meet the requirements in effect at the time of reapplication.
(Source: P.A. 86‑702.)
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(225 ILCS 305/19) (from Ch. 111, par. 1319)
(Section scheduled to be repealed on January 1, 2010)
Sec. 19.
Fees.
(a) The Department shall provide by rule for a schedule of fees to be paid
for licenses by all applicants. All fees are not refundable.
(b) 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 by the Department.
All of the fees and fines collected pursuant to this Section shall be
deposited in the Design Professionals Administration and Investigation Fund.
Of the moneys deposited into the Design Professionals Administration and
Investigation Fund, the Department may use such funds as necessary and
available to produce and distribute newsletters to persons licensed under this
Act.
Any person who delivers a check or other payment to the Department that
is returned to the Department unpaid by the financial institution upon
which it is drawn shall pay to the Department, in addition to the amount
already owed to the Department, a fine of $50.
The fines imposed by this Section are in addition
to any other discipline provided under this Act for unlicensed
practice or practice on a nonrenewed license. The Department shall notify
the person that payment of fees and fines shall be paid to the Department
by certified check or money order within 30 calendar days of the
notification. If, after the expiration of 30 days from the date of the
notification, the person has failed to submit the necessary remittance, the
Department shall automatically terminate the license or certificate or deny
the application, without hearing. If, after termination or denial, the
person seeks a license or certificate, he or she shall apply to the
Department for restoration or issuance of the license or certificate and
pay all fees and fines due to the Department. The Department may establish
a fee for the processing of an application for restoration of a license or
certificate to pay all expenses of processing this application. The Director
may waive the fines due under this Section in individual cases where the
Director finds that the fines would be unreasonable or unnecessarily
burdensome.
(Source: P.A. 91‑133, eff. 1‑1‑00; 92‑146, eff. 1‑1‑02.)
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(225 ILCS 305/21) (from Ch. 111, par. 1321)
(Section scheduled to be repealed on January 1, 2010)
Sec. 21.
Professional design firm registration; conditions.
(a) Nothing in this Act shall prohibit the formation, under the provisions
of the Professional Service Corporation Act, of a corporation to offer
the practice
of architecture.
Any business, including a
Professional
Service Corporation, that includes the practice of architecture within its stated purposes,
practices architecture, or holds itself out as available to practice
architecture shall
register with the Department under this Section. Any professional service
corporation, sole proprietorship, or professional design firm offering
architectural services must have a resident architect overseeing the
architectural practices in each location in which architectural services are
provided.
Any sole proprietorship not owned and operated by an Illinois licensed design
professional licensed under this Act shall be prohibited from offering
architectural services to the public. "Illinois licensed design professional"
means a person who holds an active license as an architect under this Act,
as a structural engineer under the Structural Engineering Practice Act of
1989, or as a professional engineer under the Professional Engineering
Practice Act of 1989. Any sole proprietorship owned and operated by an
architect with an active license issued under this Act and conducting or
transacting such business under an assumed name in accordance with the
provisions of the Assumed Business Name Act shall comply with the registration
requirements of a professional design firm.
Any sole proprietorship owned and
operated by an
architect with an active license issued under this Act and conducting or
transacting such business under the real name of the sole proprietor is
exempt from the
registration requirements of a professional design firm.
(b) Any corporation, including a Professional Service
Corporation, partnership, limited liability company, or professional
design firm
seeking to be registered under this Section shall not be registered unless:
(1) two‑thirds of the board of directors, in the | ||
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(2) the person having the architectural practice in | ||
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Any corporation, limited liability company, professional service
corporation, or partnership qualifying under this Section and
practicing in this State shall file with the Department any information
concerning its officers, directors, members, managers, partners or
beneficial owners as the Department may, by rule, require.
(c) No business shall offer the practice or hold itself out as available
to offer the practice
of architecture until it is registered with the Department.
(d) Any business seeking to be registered under this
Section shall make application on a form provided by the Department and
shall provide any information requested by the Department, which shall
include but shall not be limited to all of the following:
(1) The name and architect's license number of at | ||
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(2) The names and architect's, professional | ||
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(3) A list of all locations at which the | ||
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(4) A list of all assumed names of the business. | ||
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It is the responsibility of the professional design firm to
provide the Department notice, in writing, of any changes in the
information requested on the application.
(e) In the event a managing agent is terminated or terminates his or her
status
as managing agent of the professional design firm, the managing agent and
professional design firm shall notify the Department of this fact in writing,
by
certified mail, within 10 business days of termination.
Thereafter, the professional design firm, if it has so informed the
Department, has 30 days in which to notify the Department of the name and
architect's license number of the architect who is the newly designated
managing agent. If a corporation, the corporation shall also submit a certified
copy of a resolution by the board of directors designating the new managing
agent. If a limited liability company, the company shall also submit a
certified copy of either its articles of organization or operating agreement
designating the new managing agent. The Department may, upon good cause shown,
extend the original 30 day period.
If the professional design firm has not notified the Department in writing,
by certified mail within the specified time, the registration shall be
terminated without prior hearing. Notification of termination shall be sent by
certified mail to the last known address of the business. If the professional
design firm continues to operate and offer architectural services after the
termination, the Department may seek prosecution under Sections 22, 36, and 36a
of this Act for the unlicensed practice of architecture.
(f) No professional design firm shall be relieved of responsibility
for the conduct or acts of its agents, employees, or officers by reason of
its compliance with this Section, nor shall any individual practicing
architecture be relieved of the responsibility for professional services
performed by reason of the individual's employment or relationship with a
professional design firm registered under this Section.
(g) Disciplinary action against a professional design firm registered
under this Section shall be administered in the same manner and on the same
grounds as disciplinary action against a licensed architect. All
disciplinary action taken or pending against a corporation or partnership
before the effective date of this amendatory Act of 1993 shall be continued or
remain in effect without the Department filing separate actions.
(Source: P.A. 91‑91, eff. 1‑1‑00; 91‑133, eff. 1‑1‑00.)
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(2) negligence, incompetence or misconduct in the | ||
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(3) failure to comply with any of the provisions of | ||
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(4) making any misrepresentation for the purpose of | ||
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(5) purposefully making false statements or signing | ||
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(6) conviction of any crime under the laws of the | ||
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(7) aiding or assisting another person in violating | ||
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(8) signing, affixing the licensed architect's seal | ||
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(9) engaging in dishonorable, unethical or | ||
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(10) habitual intoxication or addiction to the use | ||
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(11) making a statement of compliance pursuant to | ||
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(12) a finding by the Board that an applicant or | ||
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(13) discipline by another state, territory, foreign | ||
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(14) failure to provide information in response to a | ||
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(15) physical illness, including, but not limited | ||
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(a‑5) In enforcing this Section, the Board upon a showing of a possible
violation may request that the Department compel a person licensed to practice under this Act, or who has
applied for licensure or certification 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 shall be those specifically
designated
by the Department. The Department may order the examining physician 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. The person 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 person to submit
to a mental or physical examination, when directed, shall be grounds for
suspension of a license until the person submits to the examination if the
Department finds, after notice and hearing, that the refusal to submit to the
examination was without reasonable cause.
If the Board finds a person unable to practice because of the reasons set
forth in this Section, the Board may recommend that the Department require that person to submit to care,
counseling, or treatment by physicians approved or designated by the Department as
a condition, term, or restriction for continued, reinstated, or renewed
licensure to practice; 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 person. Any person whose
license was granted, continued, reinstated, renewed, disciplined, or supervised
subject to such terms, conditions, or restrictions and who fails to comply with
such terms, conditions, or restrictions shall be referred to the Director for
a determination as to whether the person shall have his or her license
suspended immediately, pending a hearing by the Board.
(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. Such suspension will end only upon a finding by a court that
the patient is no longer subject to involuntary admission or judicial
admission, the issuance of an order so finding and discharging the patient, and
the recommendation of the Board to the Director that the licensee be
allowed to resume practice.
The Department may refuse to issue or may suspend the license of any
person who fails to file a return, or to pay the tax, penalty or interest
shown in a filed return, or to pay any final assessment of tax, penalty or
interest, as required by any tax Act administered by the Illinois
Department of Revenue, until such time as the requirements of any such tax
Act are satisfied.
Persons who assist the Department as consultants or expert witnesses in
the investigation or prosecution of alleged violations of the Act,
licensure matters, restoration proceedings, or criminal prosecutions, shall
not be liable for damages in any civil action or proceeding as a result of
such assistance, except upon proof of actual malice. The attorney general
shall defend such persons in any such action or proceeding.
(Source: P.A. 94‑543, eff. 8‑10‑05.)
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(225 ILCS 305/23) (from Ch. 111, par. 1323)
(Section scheduled to be repealed on January 1, 2010)
Sec. 23.
Violations; Injunction; Cease and desist order.
(a) If any person
or entity violates a provision of this Act, the Director may, in the
name of the People of the State of Illinois, through the Attorney General
of the State of Illinois, petition for an order enjoining such violation
or for an order enforcing compliance with this Act. Upon the filing of a
verified petition in such court, the court may issue a temporary
restraining order, without notice or bond, and may preliminarily and
permanently enjoin such violation. If it is established that such
person or entity 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) If any person or entity practices as an architect or holds himself
out as an architect or professional design firm without being licensed or
registered under the provisions of this Act, then any licensed architect, any
interested party or any person injured thereby may, in addition to the
Director, petition for relief as provided in subsection (a) of this Section.
(c) Whenever in the opinion of the Department any person or entity
violates any provision of this Act, the Department may issue a rule to show
cause why an order to cease and desist should not be entered against him. The
rule shall clearly set forth the grounds relied upon by the Department and
shall provide a period of 7 days from the date of the rule to file an answer to
the satisfaction of the Department. Failure to answer to the satisfaction of
the Department shall cause an order to cease and desist to be issued
immediately.
(Source: P.A. 88‑428.)
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(225 ILCS 305/24) (from Ch. 111, par. 1324)
(Section scheduled to be repealed on January 1, 2010)
Sec. 24.
Investigations; notice and hearing.
The Department may investigate
the actions of any applicant or of any person or entity holding or claiming to
hold a license or registration. Before the initiation of an investigation, the
matter shall be reviewed by a subcommittee of the Board according to procedures
established by rule for the Complaint Committee. The Department shall, before
refusing to restore, issue or renew a license or registration, or discipline a
licensee or registrant, at least 30 days prior to the date set for the
hearing, notify in writing the applicant for, or holder of, a license or
registrant of the nature of the charges and that a hearing will be held on the
date designated, and direct the applicant or entity or licensee or registrant
to file a written answer to the Board under oath within 20 days after the
service of the notice and inform the applicant or entity or licensee or
registrant that failure to file an answer will result in default being taken
against the applicant or entity or licensee or registrant and that the license
or certificate may be suspended, revoked, placed on probationary status, or
other disciplinary action may be taken, including limiting the scope, nature or
extent of practice, as the Director may deem proper. Written notice may be
served by personal delivery or certified or registered mail to the respondent
at the address of his last notification to the Department. In case the person
or entity fails to file an answer after receiving notice, his or her license or
certificate may, in the discretion of the Department, be suspended, revoked, or
placed on probationary status, or the Department may take whatever disciplinary
action deemed proper, including limiting the scope, nature, or extent of the
person's practice or the imposition of a fine, without a hearing, if the act or
acts charged constitute sufficient grounds for such action under this Act. At
the time and place fixed in the notice, the Board shall proceed to hear the
charges and the parties or their counsel shall be accorded ample opportunity to
present such statements, testimony, evidence and argument as may be pertinent
to the charges or to their defense. The Board may continue the hearing from
time to time.
(Source: P.A. 87‑1031; 88‑428.)
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(225 ILCS 305/25) (from Ch. 111, par. 1325)
(Section scheduled to be repealed on January 1, 2010)
Sec. 25.
Stenographer; transcript.
The Department, at its
expense, shall preserve a record of all proceedings at the formal hearing
of any case involving the refusal to restore, issue or renew a license, or
the discipline of a licensee.
The notice of hearing, complaint and all other documents in the nature of
pleadings and written motions filed in the proceedings, the transcript of
testimony, the report of the Board and 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 by Section 2105‑115 of the Department
of Professional Regulation Law (20 ILCS 2105/2105‑115).
(Source: P.A. 91‑239, eff. 1‑1‑00.)
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(225 ILCS 305/26) (from Ch. 111, par. 1326)
(Section scheduled to be repealed on January 1, 2010)
Sec. 26.
Subpoenas of witnesses; Oaths.
The Department has
power to subpoena and bring before it any person in this State and to take
testimony either orally or by deposition, or both, with the same fees and
mileage and in the same manner as prescribed by law in judicial proceedings
in civil cases in circuit courts of this State.
The Director, and every member of the Board each have power to
administer oaths to witnesses at any hearing which the Department is
authorized by law to conduct, and any other oaths required or authorized in
any Act administered by the Department.
(Source: P.A. 86‑702.)
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(225 ILCS 305/27) (from Ch. 111, par. 1327)
(Section scheduled to be repealed on January 1, 2010)
Sec. 27.
Procedure to compel attendance of witnesses.
Any circuit
court, upon the application of the accused person or complainant or of the
Department, may, by order duly entered, require the attendance of witnesses
and the production of relevant books and papers before the Department in
any hearing relative to the application for or refusal, recall, suspension
or revocation of a license, or the discipline of a licensee, and the court
may compel obedience to its
order by proceedings for contempt.
(Source: P.A. 86‑702.)
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(225 ILCS 305/28) (from Ch. 111, par. 1328)
(Section scheduled to be repealed on January 1, 2010)
Sec. 28.
Report of Board; Rehearing.
After the hearing, the Board shall present to
the Director its written report of its findings and recommendations. A
copy of such report shall be served upon the accused person, either
personally or by registered or certified mail as provided in this Act for
the service of the notice. Within 20 days after such service, the
accused person may present to the Department his motion in writing for a
rehearing which shall specify the particular grounds for rehearing.
If the accused person orders and pays for a transcript of
the record as provided in this Section, the time elapsing
before such transcript is ready for delivery to him shall not be counted as
part of such 20 days.
Whenever the Director is not satisfied that substantial justice has been
done, he may order a rehearing by the same or another special board. At
the expiration of the time specified for filing a motion for a rehearing
the Director has the right to take the action recommended by the Board.
(Source: P.A. 86‑702.)
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(225 ILCS 305/29) (from Ch. 111, par. 1329)
(Section scheduled to be repealed on January 1, 2010)
Sec. 29.
Hearing officer.
Notwithstanding the provisions of
Section 28 of this Act, 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 under Section 24.
The Director shall notify the Board of any such appointment. The hearing
officer has full authority to conduct the hearing. The Board has
the right to have at least one member present at any hearing conducted
by such hearing officer. The hearing officer shall report his findings of
fact, conclusions of law and recommendations to the Board and the Director.
The Board has 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 shall issue an
order based on the report of the hearing officer. If the Director
disagrees in any regard with the report of the Board or hearing officer, he
may issue an order in contravention thereof. The Director shall provide a
written explanation to the Board on any such deviation, and shall specify
with particularity the reasons for such action in the final order.
(Source: P.A. 86‑702.)
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(225 ILCS 305/30) (from Ch. 111, par. 1330)
(Section scheduled to be repealed on January 1, 2010)
Sec. 30.
Order to be prima facie proof.
An order of revocation or
suspension or a certified copy thereof, over the seal of the Department and
purporting to be signed by the Director, shall be prima facie proof that:
(a) the signature is the genuine signature of the | ||
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(b) the Director is duly appointed and qualified;
and
(c) the Board and the members thereof are qualified | ||
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Such proof may be rebutted.
(Source: P.A. 91‑357, eff. 7‑29‑99.)
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(225 ILCS 305/31) (from Ch. 111, par. 1331)
(Section scheduled to be repealed on January 1, 2010)
Sec. 31.
Issuance or restoration of license.
At any time after the
refusal to issue, or after the suspension or revocation of any license, the
Department may issue or restore it to the applicant without examination,
upon the written recommendation of the Board.
(Source: P.A. 86‑702.)
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(225 ILCS 305/32) (from Ch. 111, par. 1332)
(Section scheduled to be repealed on January 1, 2010)
Sec. 32.
Surrender of license.
Upon the revocation or suspension
of any license, the licensee shall immediately surrender the license or
licenses to the Department and if the licensee fails to do so, the
Department has the right to seize the license.
(Source: P.A. 86‑702.)
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(225 ILCS 305/33) (from Ch. 111, par. 1333)
(Section scheduled to be repealed on January 1, 2010)
Sec. 33.
Temporary suspension of a license.
The Director may
temporarily suspend the license of an architect without a hearing,
simultaneously with the institution of proceedings for a hearing provided
for in Section 24 of this Act, if the Director finds that evidence in his
possession indicates that an architect's continuation in practice would
constitute an imminent danger to the public. In the event that the
Director temporarily suspends the license of an architect without a
hearing, a hearing by the Board must be held within 30 days after such
suspension has occurred.
(Source: P.A. 86‑702.)
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(225 ILCS 305/34) (from Ch. 111, par. 1334)
(Section scheduled to be repealed on January 1, 2010)
Sec. 34.
Review under Administrative Review Law; Venue.
All
final administrative decisions of the Department hereunder are subject
to judicial review pursuant to the provisions of the Administrative Review
Law, as now or hereafter amended, and the rules adopted
pursuant thereto. The term "administrative decision" is defined as in
Section 3‑101 of the Code of Civil Procedure.
Such proceedings for judicial review shall be commenced in the circuit
court of the county in which the party applying for review resides,
but if such party is not a resident of this State, the venue
shall be in Sangamon County.
(Source: P.A. 86‑702.)
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(225 ILCS 305/35) (from Ch. 111, par. 1335)
(Section scheduled to be repealed on January 1, 2010)
Sec. 35.
The Department shall not be required to certify any
record to the court or file any answer in court or otherwise appear in any
court in a judicial review proceeding, unless there is filed in the court with the
complaint a receipt from the Department acknowledging payment of the costs
of furnishing and certifying the record. Failure on the part of the
plaintiff to file such receipt in court shall be grounds for dismissal of the action.
(Source: P.A. 86‑702.)
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(225 ILCS 305/36) (from Ch. 111, par. 1336)
(Section scheduled to be repealed on January 1, 2010)
Sec. 36. Violations. Each of the following Acts constitutes a
Class A misdemeanor for the first offense and a Class 4 felony for a second
or subsequent offense:
(a) the practice, attempt to practice or offer to | ||
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(b) the making of any wilfully false oath or | ||
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(c) the affixing of a licensed architect's seal to | ||
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||
(d) the violation of any provision of this Act or its | ||
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(e) using or attempting to use an expired, inactive, | ||
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(f) obtaining or attempting to obtain a license or | ||
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(g) If any person, sole proprietorship, professional | ||
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An unlicensed person who has completed the education requirements, is actively participating in the diversified professional training, and maintains in good standing a training record as required for licensure by this Act may use the title "architectural intern", but may not engage in the practice of architecture.
(Source: P.A. 93‑1009, eff. 1‑1‑05.)
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(225 ILCS 305/37) (from Ch. 111, par. 1337)
(Section scheduled to be repealed on January 1, 2010)
Sec. 37.
Administrative Procedure Act; application.
The Illinois
Administrative Procedure Act is hereby expressly adopted and incorporated
herein as if all of the provisions of that Act were included in this Act,
except that the provision of subsection (d) of Section 10‑65 of the Illinois
Administrative Procedure Act that provides that at hearings the licensee has
the right to show compliance with all lawful requirements for retention,
continuation or renewal of the license is specifically excluded. For the
purposes of this Act the notice required under Section 10‑25 of the Illinois
Administrative Procedure Act is deemed sufficient when mailed to the last known
address of a party.
(Source: P.A. 88‑45.)
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(225 ILCS 305/38) (from Ch. 111, par. 1338)
(Section scheduled to be repealed on January 1, 2010)
Sec. 38.
Fund; appropriations; investments; audits.
Moneys
deposited in the Design Professionals Administration and Investigation Fund
shall be appropriated to the Department exclusively for expenses of the
Department and the Board in the administration of this Act, the Illinois
Professional Land Surveyor Act of 1989, the Professional Engineering
Practice Act of 1989, and the Structural Engineering Practice Act of
1989. The expenses of the Department under this Act shall be limited to the
ordinary and contingent expenses of the Design Professionals Dedicated
Employees within the Department as established under Section 2105‑75 of the
Department of Professional Regulation Law (20 ILCS 2105/2105‑75) and other
expenses related to the administration and enforcement of this Act.
Moneys from the Fund may also be used for direct and allocable indirect
costs related to the public purposes of the Department of Professional
Regulation. Moneys in the Fund may be transferred to the Professions Indirect
Cost Fund as authorized by Section 2105‑300 of the Department of
Professional Regulation Law (20 ILCS 2105/2105‑300).
All fines and penalties under Sections 22 and 36 shall be deposited in
the Design Professionals Administration and Investigation Fund.
Moneys in the Design Professionals Administration and Investigation Fund
may be invested and reinvested, with all earnings received from the
investments to be deposited in the Design Professionals Administration and
Investigation Fund and used for the same purposes as fees deposited in
the Fund.
Upon the completion of any audit of the Department as prescribed by the
Illinois State Auditing Act that includes an audit of the Design
Professionals Administration and Investigation Fund, the Department shall
make the audit open to inspection by any interested person. The copy of
the audit report required to be submitted to the Department by this
Section is an addition to copies of audit reports required to be submitted
to other State officers and agencies by Section 3‑14 of the Illinois
State Auditing Act.
(Source: P.A. 91‑91, eff. 1‑1‑00; 91‑133, eff. 1‑1‑00; 91‑239, eff. 1‑1‑00;
92‑16, eff. 6‑28‑01.)
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(225 ILCS 305/39) (from Ch. 111, par. 1339)
(Section scheduled to be repealed on January 1, 2010)
Sec. 39.
Public policy.
It is declared to be the public policy of
this State, pursuant to paragraph (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 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.
This is a limitation of home rule powers.
(Source: P.A. 86‑702.)
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(225 ILCS 305/40) (from Ch. 111, par. 1340)
(Section scheduled to be repealed on January 1, 2010)
Sec. 40.
Reinstatement of existing licenses; Rules in force.
All
licenses and certificates of registration in effect on December 31, 1989
and issued pursuant to the "Illinois Architecture Act", approved June 24,
1919, as amended, are reinstated for the balance of the term for which last
issued. All rules in effect on December 31, 1989 and promulgated pursuant
to the "Illinois Architecture Act", approved June 24, 1919, as amended,
shall remain in full force and effect on the effective date of this Act
without being promulgated again by the Department, except to the extent any
such rule is inconsistent with any provision of this Act. All disciplinary
action, taken or pending, pursuant to the "Illinois Architecture Act",
approved June 24, 1919, as amended, shall, for the actions taken, remain in
effect, and for the action pending, shall be continued, on the effective
date of this Act without having separate actions filed by the Department.
(Source: P.A. 86‑702.)
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