There is a newer version of the Illinois Compiled Statutes
2005 Illinois Code - Chapter 225 Professions And Occupations 225 ILCS 325/ Professional Engineering Practice Act of 1989.
(225 ILCS 325/1) (from Ch. 111, par. 5201)
(Section scheduled to be repealed on January 1, 2010)
Sec. 1.
Declaration of public policy.
The practice of
professional engineering 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
that the practice of professional engineering as defined in this Act
merits the confidence of the public, and that only qualified persons
shall be authorized to engage in the practice of professional
engineering in the State of Illinois. This Act shall be liberally
construed to best carry out this purpose.
(Source: P.A. 86‑667.)
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(225 ILCS 325/2) (from Ch. 111, par. 5202)
(Section scheduled to be repealed on January 1, 2010)
Sec. 2.
Short title.
This Act shall be known and may be cited as
the Professional Engineering Practice Act of 1989.
(Source: P.A. 86‑667.)
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(225 ILCS 325/3) (from Ch. 111, par. 5203)
(Section scheduled to be repealed on January 1, 2010)
Sec. 3.
Application of the Act; Exemptions.
(a) Nothing in this Act shall be construed to prevent the practice of
structural engineering as defined in the Structural
Engineering Practice Act of 1989 or the practice of
architecture
as defined in the Illinois Architecture Practice Act of 1989 or the
regular and customary practice of construction contracting and construction
management as performed by construction contractors.
(b) Nothing in this Act shall prevent:
(1) Employees, including project representatives, of | ||
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(2) The employment of owner's representatives by the | ||
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(3) The practice of officers and employees of the | ||
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(4) Services performed by employees of a business | ||
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(5) Inspection, maintenance and service work done by | ||
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(6) The activities performed by those ordinarily | ||
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(7) The activities performed by a person ordinarily | ||
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(8) The services, for private use, of contractors or | ||
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(c) No officer, board, commission, or other public entity charged with
the enforcement of codes and ordinances involving a professional
engineering project shall accept for filing or approval any technical
submissions that do not bear the seal and signature of a professional
engineer licensed under this Act.
(d) Nothing contained in this Section imposes upon a person licensed
under this Act the responsibility for the performance of any of the
foregoing functions unless such person specifically contracts to provide it.
(Source: P.A. 91‑91, eff. 1‑1‑00.)
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(225 ILCS 325/4) (from Ch. 111, par. 5204)
(Section scheduled to be repealed on January 1, 2010)
Sec. 4.
Definitions.
As used in this Act:
(a) "Approved engineering curriculum" means
an engineering curriculum or program
of 4 academic years or more which meets the standards established by the
rules of the Department.
(b) "Board" means the State Board of Professional Engineers of the
Department of Professional Regulation, previously known as the Examining
Committee.
(c) "Department" means the Department of Professional Regulation.
(d) "Design professional" means an architect, structural engineer or
professional engineer practicing in conformance with the Illinois
Architecture Practice Act of 1989, the Structural
Engineering Practice Act of 1989 or the
Professional Engineering Practice Act of 1989.
(e) "Director" means the Director of Professional Regulation.
(f) "Direct supervision/responsible charge" means work
prepared under the control of a licensed professional engineer or that
work as to which that professional engineer has detailed professional
knowledge.
(g) "Engineering college" means a school, college, university,
department of a university or other educational institution, reputable
and in good standing in accordance with rules prescribed by the
Department, and which grants baccalaureate degrees in engineering.
(h) "Engineering system or facility" means a system or facility whose
design is based upon the application of the principles of science for
the purpose of modification of natural states of being.
(i) "Engineer intern" means a person who is a candidate for
licensure as a professional engineer and who has been enrolled as an
engineer intern.
(j) "Enrollment" means an action by the Department to record those
individuals who have met the Board's requirements for an engineer
intern.
(k) "License" means an official document issued by the Department to
an individual, a corporation, a partnership, a professional
service corporation, a limited liability company, or a sole proprietorship,
signifying authority to
practice.
(l) "Negligence in the practice of professional engineering" means the
failure to exercise that degree of reasonable professional skill, judgment
and diligence normally rendered by professional engineers in the
practice of professional engineering.
(m) "Professional engineer" means a person licensed under the laws
of the State of Illinois to practice professional engineering.
(n) "Professional engineering" means the application of science to the
design of engineering systems and facilities using the knowledge,
skills, ability and professional judgment developed through professional
engineering education, training and experience.
(o) "Professional engineering practice" means the consultation on,
conception, investigation, evaluation, planning, and design of, and
selection of materials to be used in, administration of
construction contracts for, or site observation of,
an engineering system
or facility, where such consultation, conception, investigation,
evaluation, planning, design, selection, administration, or observation
requires extensive knowledge of engineering laws, formulae, materials,
practice, and construction methods. A person shall be construed to
practice or offer to practice professional engineering, within the
meaning and intent of this Act, who practices, or who, by verbal claim,
sign, advertisement, letterhead, card, or any other way, is represented
to be a professional engineer, or through the use of the initials "P.E."
or the title "engineer" or any of its derivations or some other title
implies licensure as a professional engineer, or holds himself out as able to
perform any service which is recognized as professional engineering
practice.
Examples of the practice of professional engineering include, but need
not be limited to, transportation facilities and publicly owned
utilities for a region or community,
railroads, railways, highways, subways, canals, harbors, river
improvements; irrigation works; aircraft, airports and landing fields;
waterworks, piping systems and appurtenances, sewers, sewage disposal
works; plants for the generation of
power; devices for the utilization of power; boilers; refrigeration
plants, air conditioning systems and plants; heating systems and plants;
plants for the transmission or distribution of power; electrical plants
which produce, transmit, distribute, or utilize electrical energy; works
for the extraction of minerals from the earth; plants for the refining,
alloying or treating of metals; chemical works and industrial plants
involving the use of chemicals and chemical processes; plants for the
production, conversion, or utilization of nuclear, chemical, or radiant
energy; forensic engineering, geotechnical engineering including,
subsurface investigations; soil classification, geology and geohydrology,
incidental to the practice of professional engineering; energy
analysis, environmental design, hazardous waste mitigation and control;
recognition, measurement, evaluation and control of environmental systems and
emissions; automated building management systems;
or the provision of professional engineering site observation of the
construction of works and engineering systems. Nothing contained in
this Section imposes upon a person licensed under this Act the
responsibility for the performance of any of the foregoing functions
unless such person specifically contracts to provide it.
(p) "Project representative" means the professional engineer's
representative at the project site who assists in the administration of
the construction contract.
(q) "Registered" means the same as "licensed" for purposes of this Act.
(r) "Related science curriculum" means a 4 year program of study, the
satisfactory completion of which results in a Bachelor of Science
degree, and which contains courses from such areas as life, earth,
engineering and computer sciences, including but not limited to, physics
and chemistry. In the study of these sciences, the objective is to
acquire fundamental knowledge about the nature of its phenomena,
including quantitative expression, appropriate to particular fields of
engineering.
(s) "Rules" means those rules promulgated pursuant to this Act.
(t) "Seal" means the seal in compliance with Section 14 of this Act.
(u) "Site observation" is visitation of the construction site for the
purpose of reviewing, as available, the quality and conformance of the
work to the technical submissions as they relate to design.
(v) "Support design professional" means a professional engineer
practicing in conformance with the Professional Engineering Practice Act
of 1989, who provides services to the design professional who has
contract responsibility.
(w) "Technical submissions" means designs, drawings, and specifications
which establish the standard of quality for materials, workmanship,
equipment, and the construction systems, studies, and other technical
reports prepared in the course of a design professional's practice.
(Source: P.A. 91‑91, eff. 1‑1‑00; 91‑92, eff. 1‑1‑00; 92‑16, eff. 6‑28‑01;
92‑145, eff. 1‑1‑02.)
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(225 ILCS 325/5) (from Ch. 111, par. 5205)
(Section scheduled to be repealed on January 1, 2010)
Sec. 5.
Powers and duties of the Department.
Subject to the
provisions of this Act, the Department shall exercise the following
functions, powers and duties:
(a) To pass upon the qualifications and conduct | ||
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(b) To prescribe rules for the method, conduct and | ||
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(c) To license corporations, partnerships, | ||
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(d) To conduct investigations and hearings regarding | ||
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(e) To prescribe rules as to what shall constitute | ||
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(f) To promulgate rules required for the | ||
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(g) To maintain membership in the National Council | ||
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(h) To obtain written recommendations from the Board | ||
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Prior to issuance of any final decision or order | ||
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(i) To publish and distribute or to post on the | ||
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None of the functions, powers or duties enumerated in this Section
shall be exercised by the Department except upon the action and report
in writing of the Board.
(Source: P.A. 91‑92, eff. 1‑1‑00; 92‑145, eff. 1‑1‑02.)
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(225 ILCS 325/6) (from Ch. 111, par. 5206)
(Section scheduled to be repealed on January 1, 2010)
Sec. 6.
Composition, qualifications and terms of the Board.
(a) The
Board shall be appointed by the Director and shall consist of 10
members, one of whom shall be a public member and 9 of whom shall be
professional engineers licensed under this Act. In addition each member
who is a professional engineer shall:
(1) be a citizen of the United States, and
(2) be a resident of this State.
(b) In addition, each member who is a professional engineer shall:
(1) have not less than 12 years of experience in the | ||
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(2) have been in charge of professional engineering | ||
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The terms for all members shall be for 5 years. On the expiration of
the term of any member
or in the event of a vacancy,
the Director shall appoint
a member who shall hold office until the expiration of the term
for which the member is appointed and until a successor has been
appointed and qualified.
No member shall be reappointed to the Board for a term which would
cause that individual's continuous service on the Board to be longer
than 15 successive years.
In implementing the 5 year terms, the Director shall vary the terms to
enable the Board to have no more than 2 terms expire in any one year.
The public member shall not be an employee of the State of Illinois.
The public member shall be an Illinois resident and a citizen of the
United States.
In making appointments to the Board, the Director shall give due
consideration to recommendations by members of the profession and by
organizations therein.
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.
A quorum of the Board shall consist
of a majority of Board members appointed.
Majority vote of the quorum is required for Board decisions.
Each member of the Board shall receive compensation when attending
Board meetings or meetings approved by the Director and shall be
reimbursed for all actual traveling expenses.
Members of the Board shall be immune from suit in any action based
upon any disciplinary proceedings or other activities performed in good
faith as members of the Board.
Persons holding office as members of the Board immediately prior to
the effective date of this Act under the Act repealed herein shall
continue as members of the Board until the expiration of the term for
which they were appointed and until their successors are appointed and
qualified.
(Source: P.A. 91‑92, eff. 1‑1‑00.)
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(225 ILCS 325/7) (from Ch. 111, par. 5207)
(Section scheduled to be repealed on January 1, 2010)
Sec. 7.
Powers and duties of the Board.
Subject to the provisions
of this Act, the Board shall exercise the following functions, powers
and duties:
(a) Review education and experience qualifications | ||
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(b) The Board may appoint a subcommittee to serve as | ||
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(c) Conduct hearings regarding disciplinary actions | ||
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(d) Make visits to universities or colleges to | ||
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(e) Submit a written recommendation to the Director | ||
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(f) Hold at least 3 regular meetings each year;
(g) Elect annually a chairperson and a | ||
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(h) Submit written comments to the Director within | ||
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(Source: P.A. 91‑92, eff. 1‑1‑00.)
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(225 ILCS 325/8) (from Ch. 111, par. 5208)
(Section scheduled to be repealed on January 1, 2010)
Sec. 8.
Applications for licensure.
(a) Applications for licensure
shall (1) be on forms prescribed and furnished by the Department, (2) contain
statements made under oath showing the applicant's education and
a detailed summary of the applicant's technical work, and (3) contain
references as required by the Department.
(b) Applicants shall have obtained the education and experience as
required in Section 10 or Section 11 prior to submittal of application
for examination, except as provided in subsection (b) of Section 11.
Allowable experience shall commence at the date of the baccalaureate
degree, except:
(1) Credit for one year of experience shall be given | ||
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(2) Partial credit may be given for professional | ||
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(3) If an applicant files an application and | ||
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The Board may conduct oral interviews of any applicant under Sections
10, 11, or 19 to assist in the evaluation of the qualifications of the
applicant.
It is the responsibility of the applicant to supplement the
application, when requested by the Board, by provision of additional
documentation of education, including transcripts, course content and
credentials of the engineering college or college granting related
science degrees, or of work experience to permit the Board to determine
the qualifications of the applicant. 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 graduated from an engineering 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. 91‑92, eff. 1‑1‑00; 92‑145, eff. 1‑1‑02.)
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(225 ILCS 325/8.5)
(Section scheduled to be repealed on January 1, 2010)
Sec. 8.5.
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 325/10) (from Ch. 111, par. 5210)
(Section scheduled to be repealed on January 1, 2010)
Sec. 10.
Minimum standards for examination for licensure as
professional engineer. To qualify for licensure as a professional
engineer each applicant shall be:
(a) A graduate of an approved engineering curriculum of at least 4
years who submits acceptable evidence to the Board of an additional 4
years or more of experience in engineering work of a grade and character
which indicate that the individual may be competent to practice
professional engineering, and who then passes a nominal 8‑hour written
examination in the fundamentals of engineering, and a nominal 8‑hour
written examination in the principles and practice of engineering. Upon
passing both examinations, the applicant, if otherwise qualified, shall
be granted a license to practice professional engineering in this State; or
(b) A graduate of a non‑approved engineering curriculum or a related
science curriculum of at least 4 years and meeting the requirements as
set forth by rule, who submits acceptable evidence to the Board of an
additional 8 years or more of experience in engineering work of a grade
and character which indicate that the individual may be competent to
practice professional engineering, and who then passes a nominal 8‑hour
written examination in the fundamentals of engineering and a nominal
8‑hour written examination in the principles and practice of
engineering. Upon passing both examinations, the applicant, if
otherwise qualified, shall be granted a license to practice professional
engineering in this State; or
(c) An engineer intern who meets the education and experience
qualifications of subsection (a) or (b) of this Section
and has passed the nominal 8‑hour written examination in the fundamentals
of engineering,
by application
and payment of the required fee, may then take the nominal 8‑hour written
examination in the principles and practice of engineering. Upon passing
that examination, the applicant, if otherwise qualified, shall be
granted a license to practice professional engineering in this State.
(d) When considering an applicant's
qualifications for licensure under this Act, the Department may take into
consideration whether an applicant has engaged in conduct or actions that
would constitute a violation of the Standards of Professional Conduct for
this Act as provided for by administrative rules.
(Source: P.A. 91‑92, eff. 1‑1‑00.)
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(225 ILCS 325/11) (from Ch. 111, par. 5211)
(Section scheduled to be repealed on January 1, 2010)
Sec. 11.
Minimum standards for examination for enrollment as
engineer intern. Each of the following is considered a minimum standard
that an applicant must satisfy to qualify for enrollment as an engineer
intern.
(a) A graduate of an approved engineering curriculum of at least 4
years, who has passed a nominal 8‑hour written examination in the
fundamentals of engineering, shall be enrolled as an engineer intern, if
the applicant is otherwise qualified; or
(b) An applicant in the last year of an approved engineering
curriculum who passes a nominal 8‑hour written examination in the
fundamentals of engineering and furnishes proof of graduation within a
12 month period following the examination shall be enrolled
as an engineer intern, if the applicant is otherwise qualified; or
(c) A graduate of a non‑approved engineering curriculum or a related
science curriculum, of at least 4 years meeting the requirements as set
forth by rule, who submits acceptable evidence to the Board of an
additional 4 years or more of progressive experience in engineering
work, and who then passes a nominal 8‑hour written examination in the
fundamentals of engineering shall be enrolled as an engineer intern, if
the applicant is otherwise qualified.
The examination of applicants under subsection (b) of this Section
who fail to furnish proof of graduation within the specified 12 month
period after the examination shall be voided by the Department.
(Source: P.A. 89‑61, eff. 6‑30‑95.)
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(225 ILCS 325/12) (from Ch. 111, par. 5212)
(Section scheduled to be repealed on January 1, 2010)
Sec. 12.
Educational credits or teaching as equivalent of experience.
(a) After earning an acceptable baccalaureate degree as required by
subsection (a) or (b) of Section 10 in engineering or related science
and upon completion of a Master's degree in engineering, the applicant
may receive one year of experience credit. Upon completion of a Ph.D.
in engineering, an applicant may receive an additional year experience
credit for a maximum of 2 years.
(b) Teaching engineering subjects in an engineering college
at a rank of instructor or above
is
considered experience in engineering.
(c) (Blank).
(Source: P.A. 91‑92, eff. 1‑1‑00; 92‑145, eff. 1‑1‑02.)
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(225 ILCS 325/13) (from Ch. 111, par. 5213)
(Section scheduled to be repealed on January 1, 2010)
Sec. 13.
After graduation courses.
To complete acceptable
educational requirements, an applicant may use course work successfully
taken after the applicant's non‑approved engineering
baccalaureate
degree or related
science baccalaureate degree, as provided in the rules.
(Source: P.A. 89‑61, eff. 6‑30‑95.)
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(225 ILCS 325/14) (from Ch. 111, par. 5214)
(Section scheduled to be repealed on January 1, 2010)
Sec. 14.
Seal.
Every professional engineer shall
have a seal or
stamp, the print of which shall
be reproducible and
contain the name of the
professional engineer, the professional engineer's license number, and
the words "Licensed Professional Engineer of Illinois".
Any
reproducible stamp heretofore authorized under the laws of this
state for use by a
professional engineer, including those with the words "Registered
Professional Engineer of Illinois",
shall serve the same purpose as the seal provided
for by this Act.
When technical submissions are prepared utilizing a computer or other
electronic means, the seal may be generated by the computer. Signatures
generated by computer shall not be permitted.
The use of a professional engineer's seal on technical submissions
constitutes a representation by the professional engineer that the work
has been prepared by or under the personal supervision of the professional
engineer or developed in conjunction with the use of accepted engineering
standards. The use of the seal further represents that the work has been
prepared and administered in accordance with the
standards of reasonable professional skill and diligence.
It is unlawful to affix one's seal to technical submissions if
it masks the true identity of the person who actually exercised
direction, control and supervision of the preparation of such work. A
professional engineer who seals and signs technical submissions is not
responsible for damage caused by subsequent changes to or uses of those
technical submissions, where the subsequent changes or uses, including
changes or uses made by State or local governmental agencies, are not
authorized or approved by the professional engineer who originally
sealed and signed the technical submissions.
(Source: P.A. 91‑92, eff. 1‑1‑00; 92‑145, eff. 1‑1‑02.)
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(225 ILCS 325/15) (from Ch. 111, par. 5215)
(Section scheduled to be repealed on January 1, 2010)
Sec. 15.
Technical submissions.
All technical submissions
prepared by or under the personal supervision of a professional engineer
shall bear that professional engineer's seal, signature, and license
expiration date. The licensee's written signature and date of signing,
along with the date of license expiration, shall be placed adjacent to
the seal.
Computer generated signatures are not permitted.
The professional engineer who has contract responsibility shall
seal a cover sheet of the technical submissions, and those individual
portions of the technical submissions for which the professional
engineer is legally and professionally responsible. The professional
engineer practicing as the support design professional shall seal
those individual portions of technical submissions for which the
professional engineer is legally and professionally responsible.
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 ordinances in such documents.
In recognition that professional engineers are licensed for the
protection of the public health, safety and welfare, documents shall be
of such quality and scope, and be so administered as to conform to
professional standards.
(Source: P.A. 91‑92, eff. 1‑1‑00; 92‑145, eff. 1‑1‑02.)
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(225 ILCS 325/16) (from Ch. 111, par. 5216)
(Section scheduled to be repealed on January 1, 2010)
Sec. 16.
Issuance of license.
Whenever the provisions of this
Act have been complied with the Department shall issue a license as a
professional engineer and enroll the engineer intern.
Every holder of a license as a professional engineer shall display
the license in a conspicuous place in the professional engineer's
principal office.
It is the professional engineer's and engineer intern's
responsibility to inform the Department of any change of address.
(Source: P.A. 86‑667.)
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(225 ILCS 325/17) (from Ch. 111, par. 5217)
(Section scheduled to be repealed on January 1, 2010)
Sec. 17.
Licensure; Renewal; Restoration; Person in military
service. The expiration date and renewal period for each professional
engineer license issued under this Act shall be set by the Department
by rule. The
enrollment of an engineer intern shall not expire.
Any person whose
license has expired or whose license is on inactive status may have such
license restored by making application to the Department and filing
proof acceptable to the Department of that person's fitness to have such
license restored, which may include 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, the person's fitness to
resume active status and may require the person to complete a period of
evaluated experience and may require successful completion of the
principles and practice examination.
However, any person whose license expired while that person was (1) in
Federal Service on active duty with the Armed Forces of the United
States, or the State Militia called into service or training, or (2) in
training or education under the supervision of the United States
preliminary to induction into the military service, may have such
license renewed or restored without paying any lapsed renewal fees if,
within 2 years after honorable termination of such service, training,
or education, except under conditions other than honorable, the
Department is furnished with satisfactory evidence that the person has
been so engaged and has maintained professional competence and that such
service, training or education has been so terminated.
Each application
for renewal shall contain the original seal and signature of the
professional engineer. Applicants for renewal or restoration shall
certify that all conditions of their license meet the requirements of
the Illinois Professional Engineering Practice Act of 1989.
(Source: P.A. 89‑61, eff. 6‑30‑95.)
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(225 ILCS 325/17.5)
(Section scheduled to be repealed on January 1, 2010)
Sec. 17.5.
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 17 or 18 of this Act.
(Source: P.A. 91‑92, eff. 1‑1‑00.)
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(225 ILCS 325/18) (from Ch. 111, par. 5218)
(Section scheduled to be repealed on January 1, 2010)
Sec. 18.
Inactive status.
A person who notifies the Department
in writing on forms prescribed by the Department may elect to place
that person's license on an inactive status and shall, subject to
rules, be excused from payment of renewal fees until the Department is
notified in writing of that person's desire to resume active status.
Any person requesting restoration from inactive status is required to
pay the current renewal fee and is required to seek restoration of
license as provided in Section 17 of this Act. Any professional
engineer whose license is in an inactive status shall not practice
professional engineering in the State of Illinois.
(Source: P.A. 86‑667.)
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(225 ILCS 325/19) (from Ch. 111, par. 5219)
(Section scheduled to be repealed on January 1, 2010)
Sec. 19.
Endorsement.
The Department may, upon the recommendation
of the Board, license as a professional engineer,
on payment of the required fee, an applicant who is a professional
engineer registered or licensed under the laws of another state or
territory of the United States or the District of Columbia or parties to the
North American Free Trade Agreement
if the
applicant qualifies under Section 10 of this Act, or if the
qualifications of the applicant were at the time of registration or
licensure in another jurisdiction substantially equal to the
requirements in force in this State on that date.
The Department may refuse to endorse by comity the applicants from any
state, District of Columbia or territory if the requirements for
registration or licensure in such jurisdiction are not substantially
equal to the requirements of this Act.
Applicants have 3 years from the date of application to complete the
application process. If the process has not been completed during the 3
year time frame, 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. 88‑595, eff. 8‑26‑94; 89‑61, eff. 6‑30‑95.)
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(225 ILCS 325/20) (from Ch. 111, par. 5220)
(Section scheduled to be repealed on January 1, 2010)
Sec. 20.
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.
(c) All 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.
(Source: P.A. 91‑92, eff. 1‑1‑00.)
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(225 ILCS 325/21) (from Ch. 111, par. 5221)
(Section scheduled to be repealed on January 1, 2010)
Sec. 21.
Rosters.
The Department shall maintain a roster of the names and
addresses of all professional engineers and professional design firms,
partnerships, and corporations licensed or registered under this Act. This
roster shall be available upon written request and payment of the required fee.
(Source: P.A. 88‑428.)
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(225 ILCS 325/22) (from Ch. 111, par. 5222)
(Section scheduled to be repealed on January 1, 2010)
Sec. 22.
Advertising.
Any person licensed under this Act may
advertise the availability of professional services in the media or on
the premises where such professional services are rendered as permitted
by law, if such advertising is truthful and not misleading.
(Source: P.A. 86‑667.)
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(225 ILCS 325/23) (from Ch. 111, par. 5223)
(Section scheduled to be repealed on January 1, 2010)
Sec. 23.
Professional design firm registration.
(a) Nothing in this Act shall prohibit the formation, under the
provisions of the Professional Service Corporation Act, as amended, of a
corporation to practice professional engineering.
Any business, including a Professional Service Corporation, that includes within its stated purposes or practices, or holds
itself out as available to practice, professional engineering shall be
registered with the Department pursuant to the provisions set forth in
this Section.
Any sole proprietorship not owned and operated by an Illinois licensed
design professional licensed under this Act shall be prohibited from offering
professional engineering services to the public.
Any sole proprietorship owned and operated by a professional engineer 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 a professional engineer 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. "Illinois licensed design professional" means a person who holds an
active license as a professional engineer under this Act, as an architect
under the Illinois Architecture Practice Act of 1989, or as a structural
engineer under the Structural Engineering Practice Act of
1989.
(b) Any professional design firm seeking to be registered pursuant to
the provisions of this Section shall not be registered unless one or more
managing agents in charge of professional engineering activities in this
State are designated by the professional design firm. Each managing
agent must at all times maintain a valid, active license to practice
professional engineering in Illinois.
No individual whose license to practice professional engineering in
this State is currently in a suspended or revoked status shall act as a
managing agent for a professional design firm.
(c) Any business seeking to be registered under this
Section shall make application on a form provided by the Department and
shall provide such information as requested by the Department, which
shall include, but not be limited to:
(1) the name and license number of the person | ||
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(2) the names and license numbers of the directors, | ||
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(3) a list of all office 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.
(d) The Department shall issue to each business a certificate of
registration to practice professional engineering or offer the services of its
licensees in this State upon submittal of a proper application for registration
and payment of fees. The expiration date and renewal period for each
registration and renewal procedures shall be established by rule.
(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 such termination. Thereafter, the
professional design firm, if it has so informed the Department, shall have 30
days in which to notify the Department of the name and license number of a
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 professional engineering services
after the termination, the Department may seek prosecution under Sections 24,
39, and 40 of this Act for the unlicensed practice of professional
engineering.
(f) No professional design firm shall be relieved of responsibility for the
conduct or acts of its agent, employees, members, managers, or officers by
reason of its compliance with this Section, nor shall any individual practicing
professional engineering 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 professional
engineer. 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; 91‑92, eff. 1‑1‑00; 92‑16, eff. 6‑28‑01.)
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(225 ILCS 325/24) (from Ch. 111, par. 5224)
(Section scheduled to be repealed on January 1, 2010)
Sec. 24.
Rules of professional conduct; disciplinary or
administrative
action.
(a) The Department shall adopt rules setting standards of professional
conduct and establish appropriate
penalty for the breach of such rules.
(a‑1) The Department may, singularly or in combination,
refuse to issue, restore, or renew a license or registration, revoke or
suspend a license or registration, or place on probation,
reprimand,
or
impose a civil penalty not to exceed $10,000 upon any person, corporation,
partnership, or professional design firm licensed or registered under
this Act for any one or combination of the following:
(1) Material misstatement in furnishing information | ||
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(2) Failure to comply with any provisions of this | ||
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(3) Conviction of any crime under the laws of the | ||
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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) Negligence, incompetence or misconduct in the | ||
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(7) Aiding or assisting another person in violating | ||
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(8) Failing to provide information in response to a | ||
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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) Discipline by the United States Government, | ||
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(12) Directly or indirectly giving to or receiving | ||
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(13) A finding by the Board that an applicant or | ||
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(14) Signing, affixing the professional engineer's | ||
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(15) Physical illness, including but not limited to | ||
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(16) The making of a statement pursuant to the | ||
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(17) Failing to file a return, or to pay the tax, | ||
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(a‑5) In enforcing this Section, the Board upon a showing of a possible
violation may 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 Board. The Board or 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
Board
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 require that person to submit to care,
counseling, or treatment by physicians approved or designated by the Board 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 registrant is subject
to involuntary admission or judicial admission as provided in the Mental
Health and Developmental Disabilities Code, as now or hereafter amended,
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 registrant be allowed to resume practice.
(Source: P.A. 91‑92, eff. 1‑1‑00; 92‑145, eff. 1‑1‑02.)
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(225 ILCS 325/25) (from Ch. 111, par. 5225)
(Section scheduled to be repealed on January 1, 2010)
Sec. 25.
Violations; Injunction; Cease and desist order.
(a) If any person or other entity violates the provisions of this Act, the
Director, in the name of the People of the State of Illinois, through the
Attorney General of the State of Illinois or the State's Attorney of the county
in which the violation is alleged to have occurred, may petition the circuit
court for an order enjoining such violation or for an order enforcing
compliance with this Act. Upon the filing of a verified petition, the court
may issue a temporary restraining order, without bond, and may preliminarily
and permanently enjoin such violation. If it is established that such person or
other entity has violated or is violating the injunction, the court may punish
the offender for contempt of court. Proceedings under this Section shall be in
addition to, and not in lieu of, all other remedies and penalties provided by
this Act.
(b) If any person practices as a professional engineer or holds
himself out as such, without being licensed under the provisions of this
Act, then any professional engineer, or any interested party or any
person injured thereby may, in addition to the Director, petition for
relief as provided in this Section.
(c) (Blank)
(d) Whenever in the opinion of the Department, any person or other entity
violates any provision of this Act, the Department may issue a notice to show
cause why an order to cease and desist should not be entered against that
person or other entity. 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; 88‑595, eff. 8‑26‑94.)
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(225 ILCS 325/26) (from Ch. 111, par. 5226)
(Section scheduled to be repealed on January 1, 2010)
Sec. 26.
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 or offering professional
engineering services. Before the initiation of an investigation, the matter
shall be reviewed by a subcommittee of the Board according to procedure
established by rule for the Complaint Committee. The Department shall,
before refusing to issue, restore or renew a license or registration or
otherwise 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 registration of the nature of the charges, 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 currently on file with 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 325/27) (from Ch. 111, par. 5227)
(Section scheduled to be repealed on January 1, 2010)
Sec. 27.
Stenographer; transcript.
The Department, at its
expense, shall preserve a record of all proceedings at the formal
hearing of any case involving the refusal to issue, restore or renew a
license or otherwise discipline a registrant. 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 orders of the Department shall be in the record
of the proceeding. 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.)
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(225 ILCS 325/28) (from Ch. 111, par. 5228)
(Section scheduled to be repealed on January 1, 2010)
Sec. 28.
Compelling testimony.
Any circuit court may, upon
application of the Department or its designee or of the applicant or
registrant against whom proceedings under Section 26 of this Act are
pending, enter an order requiring the attendance of witnesses and their
testimony, and the production of documents, papers, files, books and
records in connection with any hearing or investigation. The court may
compel obedience to its order by proceedings for contempt.
(Source: P.A. 86‑667.)
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(225 ILCS 325/29) (from Ch. 111, par. 5229)
(Section scheduled to be repealed on January 1, 2010)
Sec. 29.
Notice of hearing; Findings and recommendations.
At
the conclusion of the hearing, the Board shall present to the Director a
written report of its finding and recommendations. The report shall
contain a finding whether or not 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 the violation or
failure to comply, and shall make its recommendations to the Director. The
Board may take into consideration in making its recommendations for
discipline all facts and circumstances bearing upon the reasonableness of
the conduct of the respondent and the potential for future harm to the
public, including but not limited to previous discipline by the Department,
intent, degree of harm to the public and likelihood of harm in the future,
any restitution made, and whether the incident or incidents complained of
appear to be isolated or a pattern of conduct. In making its
recommendations for discipline, the Board shall endeavor to ensure that the
severity of the discipline recommended bears some reasonable relationship
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 discipline a registrant. If the Director disagrees in any regard
with the report of the Board, the Director may issue an order in
contravention thereof, following the procedures set forth in Section 7.
The Director shall provide a written report to the Board on any deviation,
and shall specify with particularity the reasons for said action. The
finding is not admissible in evidence against the person in a criminal
prosecution brought for the violation of this Act, but the hearing and
finding are not a bar to a criminal prosecution brought for the violation
of this Act.
(Source: P.A. 86‑667.)
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(225 ILCS 325/30) (from Ch. 111, par. 5230)
(Section scheduled to be repealed on January 1, 2010)
Sec. 30.
Board; Rehearing.
In any case involving the refusal to
issue, restore or renew a license or the disciplining of a registrant, a
copy of the Board's report shall be served upon the respondent by the
Department, either personally or as provided in this Act for the service
of the notice of hearing. Within 20 days after such service, the
respondent may present to the Department a motion in writing for a
rehearing, which motion shall specify the particular grounds for
rehearing. The Department may respond to the motion for rehearing
within 20 days of service on the Department. If no motion for rehearing
is filed, then upon the expiration of the time specified for filing such
a motion, or if a motion for rehearing is denied, then upon such denial,
the Director may enter an order in accordance with recommendations of
the Board except as provided in Section 29 of this Act. If the
respondent orders from the reporting service and pays for a transcript
of the record within the time for filing a motion for rehearing, the 20
day period within which such a motion may be filed shall commence upon
the delivery of the transcript to the respondent.
(Source: P.A. 86‑667.)
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(225 ILCS 325/31) (from Ch. 111, par. 5231)
(Section scheduled to be repealed on January 1, 2010)
Sec. 31.
Director; Rehearing.
Whenever the Director is not
satisfied that substantial justice has been done in the refusal to
issue, restore or renew a license, or otherwise discipline a registrant,
the Director may order a rehearing by the same or other examiners.
(Source: P.A. 86‑667.)
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(225 ILCS 325/32) (from Ch. 111, par. 5232)
(Section scheduled to be repealed on January 1, 2010)
Sec. 32.
Appointment of a hearing officer.
Notwithstanding the provisions
of Section 26, the Director has the authority to appoint any attorney
duly registered 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 to discipline a registrant. The hearing officer has full
authority to conduct the hearing. The hearing officer shall report the
findings 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 except as herein noted. However,
if the Director disagrees in any regard with the report of the Board or
hearing officer, the Director may issue an order in contravention
thereof, following the procedures set forth in Section 7. The
Director shall provide a written report to the Board on any deviation,
and shall specify with particularity the reasons for said action.
(Source: P.A. 86‑667.)
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(225 ILCS 325/33) (from Ch. 111, par. 5233)
(Section scheduled to be repealed on January 1, 2010)
Sec. 33.
Order or certified copy; Prima facie proof.
An order
or a certified copy thereof, over the seal of the Department and
purporting to be signed by the Director, shall be prima facie proof:
(a) That such signature is the genuine signature of the Director;
(b) That such Director is duly appointed and qualified; and
(c) That the Board and the members thereof are qualified to act.
(Source: P.A. 86‑667.)
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(225 ILCS 325/34) (from Ch. 111, par. 5234)
(Section scheduled to be repealed on January 1, 2010)
Sec. 34.
Restoration of suspended or revoked license.
At any
time after the suspension or revocation of any license, the Department
may restore it to the accused person, upon the written recommendation of
the Board, unless after an investigation and a hearing, the Board
determines that restoration is not in the public interest.
(Source: P.A. 86‑667.)
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(225 ILCS 325/35) (from Ch. 111, par. 5235)
(Section scheduled to be repealed on January 1, 2010)
Sec. 35.
Surrender of license.
Upon the revocation or
suspension of any license, the registrant shall immediately surrender
the license or licenses to the Department and, if the registrant fails
to do so, the Department has the right to seize the license.
(Source: P.A. 86‑667.)
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(225 ILCS 325/36) (from Ch. 111, par. 5236)
(Section scheduled to be repealed on January 1, 2010)
Sec. 36.
Temporary suspension of a license.
The Director may
temporarily suspend the license of a professional engineer without a
hearing, simultaneously with the institution of proceedings for a
hearing provided for in Section 26 of this Act, if the Director finds
that evidence in the Director's possession indicates that a professional
engineer's continuation in practice would constitute an imminent danger
to the public. In the event that the Director temporarily suspends the
license of a professional engineer without a hearing, a hearing by the
Board must be held within 30 days after such suspension has occurred.
(Source: P.A. 86‑667.)
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(225 ILCS 325/37) (from Ch. 111, par. 5237)
(Section scheduled to be repealed on January 1, 2010)
Sec. 37.
Administrative review; Venue.
All final
administrative decisions of the Department are subject to judicial
review pursuant to the provisions of the Administrative Review Law and
all rules adopted pursuant thereto. The term "administrative decision"
is defined as in Section 3‑101 of the Code of Civil Procedure.
Proceedings for judicial review shall be commenced in the circuit
court of the county in which the party applying for review resides, but
if the party is not a resident of this State, the venue shall be in
Sangamon County.
(Source: P.A. 86‑667.)
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(225 ILCS 325/38) (from Ch. 111, par. 5238)
(Section scheduled to be repealed on January 1, 2010)
Sec. 38.
Certifications of record; Costs.
The Department shall not be
required to certify any record to the Court or file any answer in court or
otherwise appear in any court in a judicial review proceeding, unless 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 such receipt in Court shall be grounds for dismissal of the action.
(Source: P.A. 86‑667.)
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(225 ILCS 325/39) (from Ch. 111, par. 5239)
(Section scheduled to be repealed on January 1, 2010)
Sec. 39.
Violations.
(a) Using or attempting to use an expired license or registration is a Class
A misdemeanor.
(b) Each of the following acts is a Class A misdemeanor for
the first offense and a Class 4 felony for a second or subsequent
offense:
(1) A violation of any provision of this Act or its | ||
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(2) The making of any wilfully false oath or | ||
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(3) Using or attempting to use an inactive, | ||
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(4) The practice, attempt to practice, or offer to | ||
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(5) Advertising or displaying any sign or card or | ||
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(6) Obtaining or attempting to obtain a license by | ||
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(c) A violation of paragraphs (3), (6), (10), (11), (15), or (17) of
subsection (a‑1) of Section
24 is not subject to the penalty provisions of this Section.
(Source: P.A. 92‑145, eff. 1‑1‑02)
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(225 ILCS 325/40) (from Ch. 111, par. 5240)
(Section scheduled to be repealed on January 1, 2010)
Sec. 40.
Unlawful practice.
It is unlawful for any person,
sole proprietorship, professional service corporation, corporation, limited
liability company, or partnership, or other entity to practice professional
engineering, advertise or display any sign or card or other device which might
indicate to the public that the person or entity is entitled to practice as a
professional engineer, or use the initials "P.E.," or use the title "engineer"
or any of its derivations, unless such person holds an active license as a
professional engineer in the State of Illinois, or such professional service
corporation, corporation, limited liability company,
partnership, sole proprietorship, or other entity is
in compliance with Section 23 of this Act.
(Source: P.A. 88‑595, eff. 8‑26‑94; 89‑61, eff. 6‑30‑95.)
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(225 ILCS 325/41) (from Ch. 111, par. 5241)
(Section scheduled to be repealed on January 1, 2010)
Sec. 41.
Violation; Political subdivisions, County, City or
Town; Construction without professional engineer. It is unlawful for
the State or any of its political subdivisions, or any county, city or
town to engage in the construction of any public work involving
professional engineering, unless the engineering plan, specifications
and estimates have been prepared by, and the construction is executed
under, the guidance of a professional engineer licensed under this Act.
(Source: P.A. 86‑667.)
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(225 ILCS 325/42) (from Ch. 111, par. 5242)
(Section scheduled to be repealed on January 1, 2010)
Sec. 42.
Civil penalties.
(1) In addition to any other penalty provided by law, any person, sole
proprietorship, professional service corporation, limited liability company,
partnership, or other entity
who
violates Section 40 of this Act shall forfeit and pay to the Design
Professionals Administration and Investigation Fund a civil penalty in an
amount determined by the Department of not more than $5,000 for
each offense. The penalty shall be assessed in proceedings as provided in
Sections 26 through 33 and Section 37 of this Act.
(2) Unless the amount of the penalty is paid within 60 days after the
order becomes final, the order shall constitute a judgment and shall be
filed and execution issued thereon in the same manner as the judgment of
a court of record.
(Source: P.A. 88‑595, eff. 8‑26‑94; 89‑61, eff. 6‑30‑95.)
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(225 ILCS 325/43) (from Ch. 111, par. 5243)
(Section scheduled to be repealed on January 1, 2010)
Sec. 43.
Consent order.
At any point in the proceedings as
provided in Sections 25 through 33 and Section 37, both parties may
agree to a negotiated consent order. The consent order shall be final
upon signature of the Director.
(Source: P.A. 86‑667.)
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(225 ILCS 325/44) (from Ch. 111, par. 5244)
(Section scheduled to be repealed on January 1, 2010)
Sec. 44.
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 Illinois Architecture Practice
Act, 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).
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.
All fines and penalties under Section 24, Section 39, Section 42, and Section
43 shall be
deposited in the Design Professionals Administration and Investigation Fund.
Upon the completion of any audit of the Department as prescribed by
the Illinois State Auditing Act that audit includes an audit of the
Design Professionals Administration and Investigation Fund, the
Department shall make the audit report open to inspection by any
interested person. The copy of the audit report required to be
submitted to the Department by this Section is in 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; 91‑92, eff. 1‑1‑00; 91‑239, eff. 1‑1‑00;
92‑16, eff. 6‑28‑01.)
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(225 ILCS 325/45) (from Ch. 111, par. 5245)
(Section scheduled to be repealed on January 1, 2010)
Sec. 45.
Administrative Procedure Act; application.
The Illinois
Administrative Procedure Act is hereby expressly adopted and incorporated
herein as if all of the provisions of 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 registrant has
the right to show compliance with all lawful requirements for retention,
continuation or renewal of the license is specifically excluded. For the
purpose 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.)
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(225 ILCS 325/46) (from Ch. 111, par. 5246)
(Section scheduled to be repealed on January 1, 2010)
Sec. 46.
Home rule.
The regulation and licensing of professional
engineers is an exclusive power and function of the State. Pursuant to
subsection (h) of Section 6 of Article 7 of the Illinois Constitution, a
home rule unit may not regulate or license the occupation of
professional engineer. This section is a denial and limitation of home
rule powers and functions.
(Source: P.A. 86‑667.)
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(225 ILCS 325/47) (from Ch. 111, par. 5247)
(Section scheduled to be repealed on January 1, 2010)
Sec. 47.
Practice of structural engineering or architecture.
(a) No professional engineer may practice
structural engineering as defined in the Structural Engineering Practice Act
of 1989 unless he or she is licensed under
the provisions of that Act.
(b) No professional engineer may practice architecture as defined in
the Illinois Architecture Practice Act of 1989 unless he or she is licensed
under the provisions of that Act.
(Source: P.A. 91‑91, eff. 1‑1‑00; 92‑16, eff. 6‑28‑01.)
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(225 ILCS 325/48) (from Ch. 111, par. 5248)
(Section scheduled to be repealed on January 1, 2010)
Sec. 48.
Construction of Act; Existing injunctions.
The
provisions of this Act, insofar as they are the same or substantially
the same as those of any prior law, shall be construed as a continuation
of such prior law and not as a new enactment.
Any existing injunction or temporary restraining order validly
obtained under The Illinois Professional Engineering Act, approved July
20, 1945, as amended, which prohibits unlicensed practice of
professional engineering or prohibits or requires any other conduct in
connection with the practice of professional engineering shall not be
invalidated by the enactment of this Act and shall continue to have full
force and effect on and after the effective date of this Act.
(Source: P.A. 86‑667.)
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(225 ILCS 325/49) (from Ch. 111, par. 5249)
(Section scheduled to be repealed on January 1, 2010)
Sec. 49.
All licenses and enrollments in effect on December 31,
1989 and issued pursuant to the Illinois Professional Engineering Act,
approved July 20, 1945, as amended, are reinstated for the balance of
the term for which last issued. All rules and regulations in effect on
December 31, 1989 and promulgated pursuant to the Illinois Professional
Engineering Act, approved July 20, 1945, 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
or regulation is inconsistent with any provision of this Act.
(Source: P.A. 86‑667.)
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