There is a newer version of the Illinois Compiled Statutes
2005 Illinois Code - Chapter 225 Professions And Occupations 225 ILCS 330/ Illinois Professional Land Surveyor Act of 1989.
(225 ILCS 330/1) (from Ch. 111, par. 3251)
(Section scheduled to be repealed on January 1, 2010)
Sec. 1.
Declaration of public policy.
The practice of land surveying
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 determination and physical protraction of land
boundaries, together with the attendant preparation of legal descriptions
and plats, which bear witness for posterity to chronicle the acts and wishes of landowners throughout this
State is a matter of public interest and concern. Therefore, it is in the
public interest that the practice of land surveying, as defined in this Act,
merit and receive the confidence of the public, and that only qualified persons
be authorized to practice land surveying in the State of Illinois. This
Act shall be liberally construed to best carry out this purpose.
(Source: P.A. 93‑467, eff. 1‑1‑04.)
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(225 ILCS 330/2) (from Ch. 111, par. 3252)
(Section scheduled to be repealed on January 1, 2010)
Sec. 2.
Short title.
This Act shall be known and may be cited as the
Illinois Professional Land Surveyor Act of 1989.
(Source: P.A. 86‑987.)
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(225 ILCS 330/3) (from Ch. 111, par. 3253)
(Section scheduled to be repealed on January 1, 2010)
Sec. 3.
Exceptions.
This Act does not prohibit any person licensed
in this State under any other Act from engaging
in the practice for which that person is licensed.
(Source: P.A. 93‑467, eff. 1‑1‑04.)
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(225 ILCS 330/4) (from Ch. 111, par. 3254)
(Section scheduled to be repealed on January 1, 2010)
Sec. 4.
Definitions.
As used in this Act:
(a) "Department" means the Department of Professional Regulation.
(b) "Director" means the Director of Professional Regulation.
(c) "Board" means the Land Surveyors Licensing Board.
(d) "Direct supervision and control" means the personal review by a
Licensed Professional Land Surveyor of each survey, including, but not
limited to, procurement, research, field work, calculations, preparation of
legal descriptions and plats. The personal review shall be of such a
nature as to assure the client that the Professional Land Surveyor or the
firm for which the Professional Land Surveyor is employed is the provider
of the surveying services.
(e) "Responsible charge" means an individual responsible for the various
components of the land survey operations subject to the overall supervision
and control of the Professional Land Surveyor.
(f) "Design professional" means a land surveyor, architect, structural
engineer, or professional engineer licensed in conformance
with this Act,
the Illinois Architecture Practice Act of 1989, the
Structural Engineering Practice Act of 1989, or the
Professional Engineering Practice Act of 1989.
(g) "Professional Land Surveyor" means any person licensed under the
laws of the State of Illinois to practice land surveying, as defined by
this Act or its rules.
(h) "Land Surveyor‑in‑Training" means any person licensed under the laws
of the State of Illinois who has qualified for, taken, and passed an
examination in the fundamental land surveyor‑in‑training subjects as
provided by this Act or its rules.
(i) "Land surveying experience" means those activities enumerated in
Section 5 of this Act, which, when exercised in combination, to the
satisfaction of the Board, is proof of an applicant's broad range of
training in and exposure to the prevailing practice of land surveying.
(Source: P.A. 92‑16, eff. 6‑28‑01; 93‑467, eff. 1‑1‑04.)
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(225 ILCS 330/5) (from Ch. 111, par. 3255)
(Section scheduled to be repealed on January 1, 2010)
Sec. 5.
Practice of land surveying defined.
Any one or combination
of the following practices constitutes the practice of land surveying:
(a) Establishing or
reestablishing, locating, defining, and making or monumenting land
boundaries or lines and the platting of lands and subdivisions;
(b) Establishing the area or volume of
any portion of the earth's surface, subsurface, or airspace with respect to boundary lines,
determining the configuration or contours of any portion of the earth's
surface, subsurface, or airspace or the location of fixed objects thereon,
except as performed by photogrammetric methods
or except when the level of accuracy required is
less than the American Congress on Surveying and Mapping‑designated Classes of
Surveying;
(c) Preparing descriptions for the determination of title rights to any
portion or volume of the earth's surface, subsurface, or airspace involving the
lengths and direction of boundary lines, areas, parts of platted parcels or the
contours of the earth's surface, subsurface, or airspace;
(d) Labeling, designating, naming, or otherwise identifying
legal lines or land title lines of the United States
Rectangular System
or any subdivision thereof on any photograph, photographic composite, or
mosaic or photogrammetric map of any portion of the earth's surface for the
purpose of recording the same in the Office of Recorder in any county;
(e) Any act or combination of acts that would be
viewed as
offering
professional land surveying services including:
(1) setting monuments which have the appearance of | ||
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(2) providing any sketch, map, plat, report, | ||
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(f) Determining the position for any monument or reference point that
marks a title line, boundary, or corner, or to set, reset, or replace any
monument or reference point on any property;
(g) Creating, preparing, or modifying electronic or computerized data
relative to the performance of activities in items (a) through (f) of this
Section, except where
electronic means or computerized data is otherwise utilized to integrate,
display, represent, or assess the created, prepared, or modified data;
(h) Establishing any control network or adjusting of cadastral data as it
pertains to items (a) through (g) of this Section;
(i) Preparing and attesting to the accuracy of a map or plat showing the
land boundaries or lines and marks and monuments of the boundaries or of a map
or plat showing the boundaries of surface, subsurface, or air rights;
(j) Executing and issuing certificates, endorsements, reports, or plats
that
portray the relationship between existing physical objects or structures and
one or more corners or boundaries of any portion of the earth's surface,
subsurface, or airspace;
(k) Acting in direct supervision and control of land surveying activities or
acting as a manager in any place of business that solicits, performs, or
practices land surveying;
(l) Offering or soliciting to perform any of the services set
forth in this
Section.
(Source: P.A. 93‑467, eff. 1‑1‑04.)
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(225 ILCS 330/6) (from Ch. 111, par. 3256)
(Section scheduled to be repealed on January 1, 2010)
Sec. 6.
Powers and duties of the Department.
(a) The Department shall exercise the powers and duties prescribed by The
Illinois Administrative Procedure Act for the administration of licensing Acts.
The Department shall also exercise, subject to the provisions of this Act, the
following powers and duties:
(1) Conduct or authorize examinations to ascertain | ||
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(2) Prescribe rules for a method of examination.
(3) Conduct hearings on proceedings to revoke, | ||
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(4) Promulgate rules and regulations required for | ||
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(5) License corporations and partnerships for the | ||
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(6) Prescribe, adopt, and amend rules as to what | ||
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(7) Maintain membership in the National Council of | ||
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(8) Obtain written recommendations from the Board | ||
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(a‑5) The Department may promulgate rules for a Code of Ethics and
Standards
of Practice to be followed by persons licensed under this Act. The Department
shall consider the recommendations of the Board in establishing the Code of
Ethics and Standards of Practice.
(b) The Department shall consult with the Board in promulgating rules.
Notice of proposed rulemaking shall be transmitted to the Board and the
Department shall review the Board's response and recommendations.
(c) The Department shall review the Board's recommendation of the
applicants' qualifications. The Director shall notify the Board in writing
with an explanation of any deviation from the Board's recommendation.
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.
Whenever the Director is not satisfied that substantial justice has been
done in the revocation or suspension of a license, or other disciplinary
action the Director may order re‑hearing by the same or other boards.
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. 93‑467, eff. 1‑1‑04.)
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(225 ILCS 330/7) (from Ch. 111, par. 3257)
(Section scheduled to be repealed on January 1, 2010)
Sec. 7.
Creation of the Board; Composition and qualifications and terms
of the Board. The Board shall be appointed by the Director and shall
consist of 7 members, one of whom shall be a public member and 6 of whom
shall be Professional Land Surveyors. The members shall be
residents of Illinois. Each Professional Land Surveyor member shall (a)
currently hold a valid Professional Land Surveyor license in Illinois and
shall have held the license under this Act or its predecessor for the
previous 10 year period, and (b) have not been disciplined
within the last 10 year period under this Act or its predecessor.
The public member shall not be
an employee of the State of Illinois or of the federal government, and
shall not be licensed under this Act or any other Act the Department administers.
Members shall be appointed who reasonably
represent the different geographic areas of Illinois and shall serve for 5
year terms, and until
their successors are qualified and appointed. A member shall not be
eligible for appointment to more than 2 consecutive 5 year terms.
Appointments to fill vacancies shall be made for the unexpired portion of the term. Initial terms shall
begin on the effective date of this Act.
Board members currently appointed under this Act and
in office
on the effective date of this Act shall continue to hold office until
their terms expire and they are replaced.
All appointments shall
be made on the basis of individual professional qualifications with the
exception of the public member and shall not be based upon race, sex, or
religious or political affiliations.
Each member of the Board shall receive compensation when attending to the
work of the Board or any of its committees and for time spent in necessary
travel. In addition, members shall be reimbursed for actual traveling,
incidentals and expenses necessarily incurred in carrying out their duties
as members of the Board.
The Director shall consider the advice and recommendations of the Board
on issues involving standards of professional conduct, discipline and
qualifications of the candidates and licensees under this Act.
The Director shall make the Board appointments within 90 days of any
vacancy. The Professional Land Surveyor members shall be selected from a
current list of candidates updated by June 1 of each year, as submitted by
members of the land surveying profession and by affiliated organizations.
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.
The Director may remove any member of the Board for misconduct,
incompetence, neglect of duty, or for any reason prescribed by law for removal
of State Officials or for not attending 2 consecutive Board meetings.
(Source: P.A. 91‑132, eff. 1‑1‑00.)
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(225 ILCS 330/8) (from Ch. 111, par. 3258)
(Section scheduled to be repealed on January 1, 2010)
Sec. 8.
Powers and duties of the Board; quorum.
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) Conduct hearings regarding disciplinary actions | ||
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(c) Visit universities or colleges to evaluate | ||
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(d) Submit a written recommendation to the Director | ||
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(e) The Department may at any time seek the expert | ||
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(f) The Board may appoint a subcommittee to serve as | ||
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(g) Hold at least 4 regular meetings each year; and
(h) The Board shall annually elect a Chairperson and | ||
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A quorum of the Board shall consist of a majority of Board members
appointed.
(Source: P.A. 93‑467, eff. 1‑1‑04.)
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(225 ILCS 330/9) (from Ch. 111, par. 3259)
(Section scheduled to be repealed on January 1, 2010)
Sec. 9.
Deviation from Board recommendations.
On matters
concerning qualification of individuals for licensing,
definition of curriculum content and approval of surveying curriculums,
standards of professional conduct and disciplinary actions, and the
promulgation and amendment of the rules affecting these matters, the
Director shall notify the Board in writing with an explanation of any
deviation from the Board's written recommendation or response. The Board
shall have the opportunity to comment upon the Director's decision after
review of the Director's written explanation of his reasons for deviation.
(Source: P.A. 86‑987.)
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(225 ILCS 330/10) (from Ch. 111, par. 3260)
(Section scheduled to be repealed on January 1, 2010)
Sec. 10.
Application for original license.
Every person who desires
to obtain a license shall apply to the Department in writing, upon forms
prepared and furnished by the Department. Each application shall contain
statements made under oath, showing the applicant's education, a
detailed summary of his or her land surveying experience, and
verification of the
applicant's land surveying experience by the applicant's supervisor who shall
be a licensed land
surveyor and
who
shall
certify the applicant's experience, and
the application shall be accompanied with the required fee.
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 a land surveying 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. 91‑132, eff. 1‑1‑00.)
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(225 ILCS 330/10.5)
(Section scheduled to be repealed on January 1, 2010)
Sec. 10.5.
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 330/11) (from Ch. 111, par. 3261)
(Section scheduled to be repealed on January 1, 2010)
Sec. 11.
Examination; Failure or refusal to take.
The Department
shall authorize examinations, as recommended and approved by the Board, for
licensure as Land
Surveyors‑in‑Training and Professional Land Surveyors at such times and
places as it may determine.
The examination of an applicant for licensure as a Land
Surveyor‑in‑Training or a Professional Land Surveyor may
include written tests as defined by rule.
The substance and form of the
examination shall be as recommended and approved by the Board. Each
applicant shall be examined as to his knowledge of the statutes of the
United States of America and the State of Illinois relating to the practice
of land surveying and mathematics as applied to land surveying.
All applicants for licensing as a Professional Land Surveyor shall be
required to pass, as a portion of the examination, a jurisdictional
examination to determine the applicant's knowledge of the surveying tasks
unique to the State of Illinois, and the laws relating thereto.
Applicants for any examination shall be required to pay, either to the
Department or the designated testing service, a fee covering the cost of
providing the examination. Failure to appear for the examination on the
scheduled date, at the time and place specified, after the applicant's
application for examination has been received and acknowledged by the
Department or the designated testing service, shall result in the
forfeiture of the examination fee. If an applicant neglects, fails, or
refuses to take an examination for registration under this Act within 3
years after filing his application, the application fee shall be forfeited
to the Department and the application denied. However, the applicant may
thereafter make a new application for examination, accompanied by the required fee.
(Source: P.A. 86‑987.)
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(225 ILCS 330/12) (from Ch. 111, par. 3262)
(Section scheduled to be repealed on January 1, 2010)
Sec. 12.
Qualifications for licensing.
(a) A person is qualified to
receive a license as a Professional Land Surveyor and the Department shall
issue a license to a person:
(1) who has applied in writing in the required form | ||
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(2) (blank);
(3) who is of good moral character;
(4) who has been issued a license as a Land | ||
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(5) who, subsequent to passing an examination for | ||
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(6) who has passed an examination authorized by the | ||
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(b) A person is qualified to receive a license as a Land
Surveyor‑in‑Training and the Department shall issue a license to a person:
(1) who has applied in writing in the required form | ||
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(2) (blank);
(3) who is of good moral character;
(4) who has the required education as set forth in | ||
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(5) who has passed an examination authorized by the | ||
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In determining moral character under
this Section, the Department may take into consideration whether the
applicant has engaged in conduct or actions that would constitute grounds for
discipline under this Act.
(Source: P.A. 93‑467, eff. 1‑1‑04.)
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(225 ILCS 330/13) (from Ch. 111, par. 3263)
(Section scheduled to be repealed on January 1, 2010)
Sec. 13.
Qualifications for examination for Licensed Land
Surveyor‑in‑Training. Applicants for the examination for Land
Surveyor‑in‑Training shall have:
(1) a baccalaureate degree in Land Surveying from an accredited
college
or university; or
(2) a baccalaureate degree in a related science including at least 24
semester hours of land surveying courses from a Board approved curriculum of an
accredited institution.
(Source: P.A. 91‑132, eff. 1‑1‑00.)
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(225 ILCS 330/14) (from Ch. 111, par. 3264)
(Section scheduled to be repealed on January 1, 2010)
Sec. 14.
License to be displayed.
Every holder of a license as a
Professional Land Surveyor or Land Surveyor‑in‑Training shall
display it in
a conspicuous location in his or her office,
place of business, or place of
employment.
(Source: P.A. 91‑132, eff. 1‑1‑00.)
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(225 ILCS 330/15) (from Ch. 111, par. 3265)
(Section scheduled to be repealed on January 1, 2010)
Sec. 15.
Seal.
Every Professional Land Surveyor shall have a
reproducible seal or facsimile, which may be computer generated, the
impression of which
shall contain the name of the land surveyor, his or her place of business,
the license
number, of the Professional Land Surveyor, and the words "Professional Land
Surveyor, State of Illinois". Signatures generated by computer or rubber
stamp shall not be permitted. A
Professional Land Surveyor shall seal all documents prepared by or
under the direct supervision and control of the Professional Land Surveyor.
Any seal authorized or approved by the Department under the Illinois Land
Surveyors Act shall serve the same purpose as the seal provided for by this
Act. The
licensee's written signature and date of signing along with the date of license
expiration shall be placed adjacent to the seal.
(Source: P.A. 93‑467, eff. 1‑1‑04.)
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(225 ILCS 330/16) (from Ch. 111, par. 3266)
(Section scheduled to be repealed on January 1, 2010)
Sec. 16.
Unlawful to practice without license or registration.
It is
unlawful for any person, sole proprietorship, professional service corporation,
corporation, partnership, limited liability company, or other entity to
practice land surveying, or advertise or display any sign, card or other device
which might indicate to the public that the person or entity is entitled to
practice as a land surveyor, or use the initials "P.L.S.", "L.S.", or "S.I.T.",
use the title "Professional Land Surveyor" or "Land Surveyor‑in‑Training" or
any of their derivations, unless such person holds a valid active license as a
Professional Land Surveyor or Land Surveyor‑in‑Training in the State of
Illinois, or such professional service corporation, corporation, partnership,
sole proprietorship, limited liability company, or other entity is in
compliance with this Act.
(Source: P.A. 88‑428.)
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(225 ILCS 330/16.5)
(Section scheduled to be repealed on January 1, 2010)
Sec. 16.5.
Unlicensed practice; violation; civil penalty.
(a) Any person who practices, offers to practice, attempts to practice, or
holds oneself out to practice as a professional land surveyor or as a land
surveyor‑in‑training without being licensed under this Act shall, in
addition to any other penalty provided by law, pay a civil penalty to the
Department in an amount not to exceed $5,000 for each offense as determined by
the Department. The civil penalty shall be assessed by the Department after a
hearing is held in accordance with the provisions set forth in this Act
regarding the provision of a hearing for the discipline of a licensee.
(b) The Department has the authority and power to investigate any and all
unlicensed activity.
(c) The civil penalty shall be paid within 60 days after the effective date
of the order imposing the civil penalty. The order shall constitute a judgment
and may be filed and execution had thereon in the same manner as any judgment
from any court of record.
(Source: P.A. 89‑474, eff. 6‑18‑96.)
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(225 ILCS 330/17) (from Ch. 111, par. 3267)
(Section scheduled to be repealed on January 1, 2010)
Sec. 17.
Land Surveyor‑in‑Training; Supervision.
It is
unlawful for any Land Surveyor‑in‑Training licensed under this Act to
practice or attempt to practice land surveying
except when in responsible charge under the overall supervision of a Professional
Land Surveyor.
(Source: P.A. 86‑987.)
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(225 ILCS 330/18) (from Ch. 111, par. 3268)
(Section scheduled to be repealed on January 1, 2010)
Sec. 18.
Renewal, reinstatement or restoration of license; Persons
in military service. The expiration date and renewal period for each
license as a Professional Land Surveyor 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 by paying the required fee.
Any Professional Land Surveyor whose license has been inactive for less
than 5 years is required to pay the current renewal fee and shall have his
or her license restored.
If the Professional Land Surveyor has not maintained an active practice in
another jurisdiction satisfactory to the Department, the Department shall
determine,
by an evaluation program established by rule, the person's fitness to
resume active status and may require that person to successfully complete an examination.
A Professional Land Surveyor whose license has been expired for more than
5 years may have the
license restored by making application to the Department and filing proof
acceptable to the Board of fitness to have the license restored,
including, but not limited to, sworn evidence certifying to active practice in another
jurisdiction and payment of the required renewal,
reinstatement or restoration fee.
However, any Professional Land Surveyor whose license expired while
engaged (a) in federal service on active duty with the armed forces of
the United States, or the State Militia called into active service or
training, or (b) in training or education under the supervision of the
United States preliminary to induction into the military service, may have
a license renewed without paying any lapsed reinstatement or restoration
fees upon passing an oral examination by the Board, or without taking any
examination, if approved by the Board, if, within 2 years after the
termination other than by dishonorable discharge of such service, training, or education,
the licensee furnishes the Department with an affidavit to
the effect the licensee was so engaged and that the service, training, or education
has so terminated.
A license for a Land Surveyor‑in‑Training is valid for 10 years and may not be renewed.
(Source: P.A. 91‑132, eff. 1‑1‑00.)
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(225 ILCS 330/18.5)
(Section scheduled to be repealed on January 1, 2010)
Sec. 18.5.
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 18 or 19 of this
Act.
(Source: P.A. 91‑132, eff. 1‑1‑00.)
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(225 ILCS 330/19) (from Ch. 111, par. 3269)
(Section scheduled to be repealed on January 1, 2010)
Sec. 19.
Inactive status; Restoration.
Any Professional Land
Surveyor 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 the
desire to resume active status.
Any Professional Land Surveyor requesting restoration from inactive
status is required to pay the current renewal
fee and shall have his or her license restored. A Professional Land
Surveyor whose license has been on inactive status for more than 5 years
may have the license restored by making application to the Department and
filing proof acceptable to the Board of fitness to have the license
restored, including, but not limited to, sworn evidence certifying to
active practice in another jurisdiction and payment of the required
renewal, reinstatement or restoration fee.
Any Professional Land Surveyor whose license is in an inactive status
shall not practice land surveying in the State of Illinois.
(Source: P.A. 86‑987.)
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(225 ILCS 330/20) (from Ch. 111, par. 3270)
(Section scheduled to be repealed on January 1, 2010)
Sec. 20.
Endorsement.
Upon payment of the required fee, an applicant
who is a Professional Land Surveyor, licensed or otherwise legally recognized
as a Land Surveyor under the laws of another state or territory of the United
States may be granted a license as an Illinois Professional Land Surveyor
by the Department with approval of the Board upon the following conditions:
(a) That the applicant meets the requirements for | ||
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(b) That the applicant passes a jurisdictional | ||
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(Source: P.A. 93‑467, eff. 1‑1‑04.)
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(225 ILCS 330/21) (from Ch. 111, par. 3271)
(Section scheduled to be repealed on January 1, 2010)
Sec. 21.
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 the Act, including
but not limited to original licensure, renewal, and restoration, shall be set
by
rule by the Department.
(c) All fees and fines collected 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 to produce and distribute
newsletters to persons licensed under this Act.
(Source: P.A. 91‑132, eff. 1‑1‑00.)
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(225 ILCS 330/22) (from Ch. 111, par. 3272)
(Section scheduled to be repealed on January 1, 2010)
Sec. 22.
Disposition of fees.
All of the fees collected pursuant
to Section 14 of this Act shall be deposited in the Design Professionals
Administration and Investigation Fund.
(Source: P.A. 86‑987.)
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(225 ILCS 330/23) (from Ch. 111, par. 3273)
(Section scheduled to be repealed on January 1, 2010)
Sec. 23.
Change of address; Names of licensed surveyors to be published.
It is the
responsibility of a Professional Land Surveyor or Land Surveyor‑in‑Training
to inform the Department of any change of address or name.
The Department shall, at least annually, publish a list of the
names of all Professional Land Surveyors who are in good standing as of the
date the list is prepared for publication and of all persons whose
licenses have been suspended or revoked within the previous year, together
with such other information relative to the enforcement of the provisions
of this Act as it may deem of interest to the public.
Upon request, such
lists shall be mailed to the County Clerk as a public record. Such lists
shall also be mailed by the Department to any person in the State upon
request, and payment of the required fee.
(Source: P.A. 86‑987.)
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(225 ILCS 330/24) (from Ch. 111, par. 3274)
(Section scheduled to be repealed on January 1, 2010)
Sec. 24.
Advertising.
Any person licensed under this Act may
advertise the availability of professional services in the public media or
on the premises where such professional services are rendered, as permitted
by law; provided, that such advertising is truthful and not misleading.
(Source: P.A. 86‑987.)
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(225 ILCS 330/25) (from Ch. 111, par. 3275)
(Section scheduled to be repealed on January 1, 2010)
Sec. 25.
Professional design firm registration.
(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 professional land surveying.
Any business, including a Professional Service Corporation, that includes
within its stated purposes or practices, or holds itself out as available to
practice, professional land surveying 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 land surveyor services to the public. Any sole proprietorship
owned and operated by a professional land surveyor 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 Land
Surveyor 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 the
Professional Engineering Practice Act of 1989, as an architect under the
Illinois Architecture Practice Act of 1989, as a structural engineer under the
Structural Engineering Practice Act of 1989, or as a Professional Land Surveyor
under this Act.
(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 land surveyor 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 land surveying in Illinois.
No individual whose license to practice professional land surveying in this
State is currently in a suspended or revoked state 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 land surveying 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
a 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 licensure 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 land surveyor services
after the termination, the Department may seek prosecution under Sections 27,
43, and 46 of this Act for the unlicensed practice of professional land
surveying.
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 land surveying 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 land surveyor. All
disciplinary action taken or pending against a corporation or partnership
before the effective date of this amendatory Act of 1999 shall be continued or
remain in effect without the Department filing separate actions.
(h) Any professional services corporation, sole proprietorship,
or
professional design firm offering land surveying
services
must have a
resident land surveyor overseeing the land surveying practices in each location
in which land surveying services are provided.
(Source: P.A. 91‑132, eff. 1‑1‑00.)
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(225 ILCS 330/26) (from Ch. 111, par. 3276)
Sec. 26.
(Repealed).
(Source: Repealed by P.A. 88‑428.)
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(225 ILCS 330/27) (from Ch. 111, par. 3277)
(Section scheduled to be repealed on January 1, 2010)
Sec. 27.
Grounds for disciplinary action.
(a) The Department may, singularly or in combination, refuse to
issue, restore, or renew, or may revoke or suspend a license or registration,
or may place on probation, censure, reprimand or impose a civil penalty not to
exceed $10,000, upon any person, corporation, partnership, or professional land
surveying 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) violation, including, but not limited to, | ||
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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) proof of carelessness, incompetence, negligence, | ||
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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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(12.5) issuing a map or plat of survey where the fee | ||
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(13) a finding by the Board that an applicant or | ||
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(14) practicing on an expired, inactive, suspended, | ||
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(15) signing, affixing the Professional Land | ||
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(16) physical illness, including but not limited to | ||
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(17) issuing a check or other guarantee to the order | ||
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(18) failure to adequately supervise or control land | ||
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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 examination
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
licensee 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 licensee 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 license 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 and the
issuance of an order so finding and discharging the patient and upon the
recommendation of the Board to the Director that the licensee be allowed to
resume his or her practice.
(Source: P.A. 91‑132, eff. 1‑1‑00.)
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(225 ILCS 330/28) (from Ch. 111, par. 3278)
(Section scheduled to be repealed on January 1, 2010)
Sec. 28.
Violation; Injunction; Cease and desist order.
Each of
the following acts is declared to be inimical to the public welfare and to
constitute a public nuisance:
(a) The practice or attempt to practice land surveying without a license
or authority to practice as a Professional Land Surveyor.
(b) The use of the title "Illinois Professional Land Surveyor" or the
abbreviation "P.L.S." or "L.S." or any words or letters indicating
that a person is a Professional Land Surveyor or Land Surveyor
by any person who has not received a license or authority to practice as an
Illinois Professional Land Surveyor.
The Director may, 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 any county in the State of Illinois, apply to the circuit court
for an injunction to enjoin any person from engaging in any of the
practices named and paragraphs (a) and (b). Upon the filing of a verified
petition in such court, the
court, if satisfied by affidavit or otherwise that such person is or has
been engaged in any of the practices named in paragraphs (a) and (b), may
issue a temporary restraining order or preliminary
injunction, without notice or bond, enjoining the defendant from further
engaging in such practices. A copy of the verified petition shall be
served upon the defendant and the proceedings shall thereafter be conducted
as in other civil cases. If it is established that the defendant has been,
or is engaged in any of the practices named in paragraphs (a) and
(b), the court may enter a
decree perpetually enjoining such defendant from further engaging in those
practices. In case of violation of any injunction issued under the
provisions of this Section, the court may summarily try and punish the
offender for contempt of court. An injunction proceeding is in addition
to and not in lieu of all penalties and other remedies provided in this Act.
Whenever, in the opinion of the Department, any person violates any
provision of this Act, the Department may issue a rule to show cause why an
order to cease and desist should not be entered against that person. The rule
shall clearly set forth the grounds relied upon by the Department and shall
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. 86‑987.)
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(225 ILCS 330/29) (from Ch. 111, par. 3279)
(Section scheduled to be repealed on January 1, 2010)
Sec. 29.
Investigations; notice and hearing.
A license or registration
issued under the provisions of this Act may be revoked, suspended, not renewed
or restored, or otherwise disciplined, or applications for license or
registration may be refused, in the manner set forth in this Act. The
Department may, upon its own action, and shall, upon the verified complaint in
writing of any person setting forth facts which, if proven, would constitute
grounds for discipline, investigate the actions of any person or other entity
holding, applying for or claiming to hold a license, or practicing or offering
to practice land surveying. 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 issue, renew or restore, suspending or revoking any license
or registration, or imposing any other disciplinary action, at least 30
days prior to the date set for the hearing, notify the person accused in
writing of any charges made and shall direct the person or entity to file a
written answer to the Board under oath within 20 days after the service of the
notice and inform the person or entity that if the person or entity fails to
file an answer default will be taken 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. The Department shall afford the accused person or
entity an opportunity to be heard in person or by counsel in reference to the
charges. This written notice may be served by personal delivery
to the accused
person or entity or certified mail to the last address specified by the accused
person or entity in the 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 hear the charges and
the accused person or entity shall be accorded ample opportunity to present any
statements, testimony, evidence and argument as may be relevant to the charges
or their defense. The Board may continue the hearing from time to time.
The Board may from time to time and in co‑operation with the Department's
legal advisors employ individual land surveyors possessing the same minimum
qualifications as required for Board candidates to assist with its
investigative duties.
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, are
not liable for damages in any civil action or proceeding as a result of
their assistance, except upon proof of actual malice. The
Attorney General shall defend these persons in any such action or proceeding.
(Source: P.A. 93‑467, eff. 1‑1‑04.)
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(225 ILCS 330/30) (from Ch. 111, par. 3280)
(Section scheduled to be repealed on January 1, 2010)
Sec. 30.
Stenographer; transcript.
The Department, at its
expense, shall provide a stenographer to take down the testimony and
preserve a record of all proceedings at the hearing of any case where a
license is revoked, suspended, or other disciplinary action is taken.
The notice of hearing, complaint and all other documents in the nature of
pleadings and written motions filed in the proceedings, the transcript of
testimony, the report of the Board and the orders of the Department shall be
the record of the proceedings. The Department shall furnish a
transcript of the record to any person interested in the hearing upon
payment of the fee required under Section 2105‑115 of the
Department of Professional Regulation Law (20 ILCS 2105/2105‑115).
(Source: P.A. 91‑239, eff. 1‑1‑00.)
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(225 ILCS 330/31) (from Ch. 111, par. 3281)
(Section scheduled to be repealed on January 1, 2010)
Sec. 31.
Testimony; Oath.
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 any member of the Board, each has 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. 86‑987.)
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(225 ILCS 330/32) (from Ch. 111, par. 3282)
(Section scheduled to be repealed on January 1, 2010)
Sec. 32.
Compelling testimony.
Any circuit court may, upon
application of the Department or designee or of the applicant or licensee
against whom proceedings under 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. 86‑987.)
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(225 ILCS 330/33) (from Ch. 111, par. 3283)
(Section scheduled to be repealed on January 1, 2010)
Sec. 33.
Notice of hearing; Findings and recommendations.
At the
conclusion of the hearing the Board shall present to the Director a written
report of its findings and recommendations. The report shall contain a
finding whether or not the accused person violated this Act or failed to
comply with the conditions required in this Act. The Board shall specify
the nature of the violation or failure to comply, and shall make its
recommendations to the Director.
The report of findings and recommendations of the Board shall be the basis
for the Department's order unless the Director determines that the Board
report is contrary to
the manifest weight of the evidence or law, in which case the Director may
issue an order in contravention of the Board report stating the reasons
for the order. The report, findings, and recommendations are not admissible in
evidence against the person in a criminal prosecution brought for the
violation of this Act, but the hearing and findings are not a bar to a
criminal prosecution brought for the violation of this Act.
(Source: P.A. 86‑987.)
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(225 ILCS 330/34) (from Ch. 111, par. 3284)
(Section scheduled to be repealed on January 1, 2010)
Sec. 34.
Board; Rehearing.
In any case involving the refusal to
issue, restore or renew a license or the disciplining of a licensee, 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 shall specify the particular grounds for rehearing. If no motion
for rehearing is filed, then upon the expiration of the time specified for
filing the 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 33 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 the motion may be filed shall
commence upon the delivery of the transcript to the respondent.
(Source: P.A. 86‑987.)
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(225 ILCS 330/35) (from Ch. 111, par. 3285)
(Section scheduled to be repealed on January 1, 2010)
Sec. 35.
Director; Rehearing.
Whenever the Director is not satisfied
that substantial justice has been done in the revocation, suspension,
or refusal to issue or renew a license or other disciplinary proceeding,
the Director may order a rehearing
by the same or another board appointed to rehear the matter.
(Source: P.A. 86‑987.)
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(225 ILCS 330/36) (from Ch. 111, par. 3286)
(Section scheduled to be repealed on January 1, 2010)
Sec. 36.
Appointment of a hearing officer.
Notwithstanding the provisions of Section 33 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 for
discipline of a licensee. 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 shall have 60
days from receipt of the report to review the report of the hearing officer
and present their 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. 86‑987.)
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(225 ILCS 330/36.1) (from Ch. 111, par. 3286.1)
(Section scheduled to be repealed on January 1, 2010)
Sec. 36.1.
Returned checks; fines.
Any person who delivers a check or other payment to the Department that
is returned to the Department unpaid by the financial institution upon
which it is drawn shall pay to the Department, in addition to the amount
already owed to the Department, a fine of $50. The fines imposed by this Section are in addition
to any other discipline provided under this Act for unlicensed
practice or practice on a nonrenewed license. The Department shall notify
the person that payment of fees and fines shall be paid to the Department
by certified check or money order within 30 calendar days of the
notification. If, after the expiration of 30 days from the date of the
notification, the person has failed to submit the necessary remittance, the
Department shall automatically terminate the license or 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. 92‑146, eff. 1‑1‑02.)
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(225 ILCS 330/37) (from Ch. 111, par. 3287)
(Section scheduled to be repealed on January 1, 2010)
Sec. 37.
Order or certified copy; prima facie proof.
An order or certified
copy thereof, over the seal of the Department and purporting to be signed by
the Director, 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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(Source: P.A. 91‑357, eff. 7‑29‑99.)
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(225 ILCS 330/38) (from Ch. 111, par. 3288)
(Section scheduled to be repealed on January 1, 2010)
Sec. 38.
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. 86‑987.)
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(225 ILCS 330/39) (from Ch. 111, par. 3289)
(Section scheduled to be repealed on January 1, 2010)
Sec. 39.
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. 86‑987.)
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(225 ILCS 330/40) (from Ch. 111, par. 3290)
(Section scheduled to be repealed on January 1, 2010)
Sec. 40.
Temporary suspension of a license.
The Director may
temporarily suspend the license of a Professional Land Surveyor or Land
Surveyor‑in‑Training without a
hearing, simultaneously with the institution of proceedings for a hearing
under Section 29 of this Act, if the Director finds that
evidence in his possession indicates that a Professional Land Surveyor's
or Land Surveyor‑in‑Training'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 Land Surveyor or Land Surveyor‑in‑Training without a hearing,
a hearing by the Board must
be commenced within 30 days after such suspension has occurred.
(Source: P.A. 86‑987.)
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(225 ILCS 330/41) (from Ch. 111, par. 3291)
(Section scheduled to be repealed on January 1, 2010)
Sec. 41.
Review under Administrative Review Law.
All final
administrative decisions of the Department under this Act are subject to
judicial review pursuant to the Administrative Review
Law, as now or hereafter amended,
and its rules. 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; provided, that
if such party is not a resident of this State, the venue shall be in Sangamon County.
(Source: P.A. 86‑987.)
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(225 ILCS 330/42) (from Ch. 111, par. 3292)
(Section scheduled to be repealed on January 1, 2010)
Sec. 42.
Certification of record; receipt for cost.
The
Department shall not be required to certify any record to the court, 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 a receipt in court is grounds for dismissal of the action.
(Source: P.A. 86‑987; 87‑1031.)
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(225 ILCS 330/43) (from Ch. 111, par. 3293)
(Section scheduled to be repealed on January 1, 2010)
Sec. 43.
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 violation of any provision of this Act or its rules.
(b) The making of any willfully false oath or affirmation in any matter
or proceeding where an oath or affirmation is required by this Act.
(c) Obtaining or attempting to obtain a license or registration by fraud.
(d) Using, or attempting to use, an expired, suspended, or revoked
license or certificate of registration or the license, certificate of
registration, or seal of another, or impersonating another
licensee or practicing land surveying while one's license is expired,
suspended, or revoked.
(e) Use of the title "Professional Land Surveyor", or "Land Surveyor", or
the abbreviation "P.L.S." or "L.S.", or any words or letters indicating that a
person is a Professional Land Surveyor, by any person who has not received a
license to practice as an Illinois Professional Land Surveyor.
(f) If any person, sole proprietorship, professional service corporation,
limited liability company, corporation or partnership, or other entity
practices as a professional land surveyor or advertises or displays any sign
or card or other device that might indicate to the public that the person or
entity is entitled to practice as a professional land surveyor, or use the
title "professional land surveyor", or any of its derivations unless the
person or entity holds an active license as a professional land surveyor or
registration as a Professional Land Surveying Firm in the State; then, in
addition to any other penalty provided by law, any person who violates
this subsection (f) 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.
(g) The practice, attempt to practice, or offer to practice land
surveying, without a license as a Professional Land Surveyor or registration
as a Professional Land Surveying Firm. Each day of practicing land surveying,
or attempting to practice land surveying, and each instance of offering to
practice land surveying without a license as a Professional Land Surveyor or
registration as a Professional Land Surveying Firm constitutes a separate
offense.
Criminal fines and penalties shall be deposited in the treasury of the county
in which the violation occurred and administrative fines shall be deposited in
the Design Professionals Administration and Investigation Fund.
All fines and penalties under Section 27 shall be deposited in
the Design Professions Administration and Investigation Fund.
(Source: P.A. 88‑428.)
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(225 ILCS 330/44) (from Ch. 111, par. 3294)
(Section scheduled to be repealed on January 1, 2010)
Sec. 44.
Plats and licenses as prima facie evidence; Record of plats.
All plats and licenses issued by a Professional Land Surveyor under
his hand and seal shall be received as prima facie evidence in all courts
in this State. A Professional Land Surveyor is entitled to have his plats recorded in the
county where the land affected lies; provided, however, plats of
subdivision or dedication are subject to any statutory provisions relating to the
approval, recording and filing of plats of subdivision or dedication.
(Source: P.A. 86‑987.)
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(225 ILCS 330/45) (from Ch. 111, par. 3295)
(Section scheduled to be repealed on January 1, 2010)
Sec. 45.
Entry upon adjoining land; Liability for damages.
A
Professional Land Surveyor, or persons under his direct supervision,
together with his survey party, who, in the course of making a survey, finds
it necessary to go upon the land of a party or parties other than the one
for whom the survey is being made is not liable for civil or criminal
trespass and is liable only for any actual damage done to
the land or property.
(Source: P.A. 93‑467, eff. 1‑1‑04.)
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(225 ILCS 330/46) (from Ch. 111, par. 3296)
(Section scheduled to be repealed on January 1, 2010)
Sec. 46.
Administrative Procedure Act.
The Illinois
Administrative Procedure Act is expressly adopted and incorporated
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 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 330/47) (from Ch. 111, par. 3297)
(Section scheduled to be repealed on January 1, 2010)
Sec. 47.
Home rule.
Pursuant to subsection (h) of Section 6 of
Article 7 of the Illinois Constitution, a home rule unit may not regulate
the profession of land surveying in a manner more restrictive than the
regulation by the State of the profession of land surveying as provided in
this Act. This Section is a limitation on the concurrent exercise by home
rule units of powers and functions exercised by the State.
(Source: P.A. 86‑987.)
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(225 ILCS 330/48) (from Ch. 111, par. 3298)
(Section scheduled to be repealed on January 1, 2010)
Sec. 48.
Fund, appropriations, investments and audits.
The moneys
deposited in the Design Professionals Administration and Investigation Fund
from fines and fees under this Act shall be appropriated to the Department
exclusively for expenses of the Department and the Board in the
administration of this Act, the Illinois Architecture Practice Act, 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).
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
that 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 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; 91‑239, eff. 1‑1‑00; 92‑16, eff.
6‑28‑01.)
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(225 ILCS 330/49) (from Ch. 111, par. 3299)
(Section scheduled to be repealed on January 1, 2010)
Sec. 49.
The provisions of this Act, insofar as they are the same or
substantially the same as those of any prior law concerning the licensure
of land surveyors, 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 Land Surveyors Act which prohibits the unlicensed
practice of land surveying or prohibits or requires any other conduct in
connection with the practice of land surveying, or any disciplinary action
begun under the Illinois Land Surveyors Act are not 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. All certificates of
registration and enrollments in effect on December 31, 1989 issued
pursuant to the Illinois Land Surveyors Act are reinstated under this Act
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 Land Surveyors Act
shall
remain in full force and effect on and after 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. 93‑467, eff. 1‑1‑04.)
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