There is a newer version of the Illinois Compiled Statutes
2005 Illinois Code - Chapter 225 Professions And Occupations 225 ILCS 415/ Illinois Certified Shorthand Reporters Act of 1984.
(225 ILCS 415/1) (from Ch. 111, par. 6201)
(Section scheduled to be repealed on January 1, 2014)
Sec. 1.
The practice of shorthand reporting 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. This Act
is designed to encourage proficiency in the practice of shorthand
reporting as a profession; to promote efficiency in court and general
reporting; and to extend to the public the protection afforded by a
standardized profession by establishing a standard of competency for
certified shorthand reporters. It is further declared that, in order for
the practice of shorthand reporting as defined in this Act to merit and
receive the confidence of the public, only qualified persons shall be
authorized to practice shorthand reporting in the State of Illinois. This
Act shall be liberally construed to best carry out these subjects and purposes.
(Source: P.A. 83‑73.)
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(225 ILCS 415/2) (from Ch. 111, par. 6202)
(Section scheduled to be repealed on January 1, 2014)
Sec. 2.
This Act may be cited as the Illinois Certified
Shorthand Reporters Act of 1984.
(Source: P.A. 87‑481.)
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(225 ILCS 415/3) (from Ch. 111, par. 6203)
(Section scheduled to be repealed on January 1, 2014)
Sec. 3.
No person may practice shorthand reporting on a temporary or
permanent basis in this State without being certified under this Act.
This Act does not prohibit any non‑resident practicing shorthand
reporter from practicing shorthand reporting in this State on a purely
temporary basis with reference to one single proceeding.
(Source: P.A. 87‑481; 87‑576.)
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(225 ILCS 415/3.5)
(Section scheduled to be repealed on January 1, 2014)
Sec. 3.5.
Uncertified practice; violation; civil penalty.
(a) Any person who practices, offers to practice, attempts to practice, or
holds oneself out to practice as a shorthand reporter without being certified
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 415/4) (from Ch. 111, par. 6204)
(Section scheduled to be repealed on January 1, 2014)
Sec. 4.
In this Act:
(1) "Department" means the Department of Professional Regulation.
(2) "Director" means the Director of Professional Regulation.
(3) "Board" means the Certified Shorthand Reporters Board appointed by the
Director.
(4) "The practice of shorthand reporting" means reporting, by the use
of any system of manual or mechanical shorthand writing, of Grand Jury
proceedings, court proceedings, court related proceedings, pretrial
examinations, depositions, motions and related proceedings of like
character, or proceedings of an administrative agency when the final
decision of the agency with reference thereto is likely to be subject
to judicial review under the provisions of the Administrative Review Law.
(5) "Shorthand reporter" means a person who is technically qualified and
certified under this Act to practice shorthand reporting.
(6) "Stenographic notes" means the original notes by manual or mechanical
shorthand or shorthand writing taken by a shorthand reporter of a proceeding
while in attendance at such proceeding for the purpose of reporting the same.
(Source: P.A. 87‑481; 87‑576.)
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(225 ILCS 415/5) (from Ch. 111, par. 6205)
(Section scheduled to be repealed on January 1, 2014)
Sec. 5.
Title.
Every person to whom a valid existing certificate as a
certified shorthand reporter has been issued under this Act shall
be designated as a Certified Shorthand Reporter and not otherwise,
and any such certified shorthand reporter may, in connection with
his or her practice of shorthand reporting, use the abbreviation "C.S.R."
or the title "Court Reporter".
No person other than the holder of a valid existing certificate
under this Act shall use the title or designation of "Certified
Shorthand Reporter", "Court Reporter", or "C.S.R.", either directly or
indirectly
in connection with his or her profession or business.
(Source: P.A. 90‑49, eff. 7‑3‑97.)
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(225 ILCS 415/6) (from Ch. 111, par. 6206)
(Section scheduled to be repealed on January 1, 2014)
Sec. 6.
Upon receipt of a written request from the Supreme Court,
the Department shall, upon payment of the required fee, issue to any
reporter who has been appointed in counties of less than 1,000,000 in
population, and examined under the Court Reporters Act, except those who
have achieved an "A" proficiency rating, a restricted certificate by which
such official court reporter may then lawfully engage in reporting only court
proceedings to which he may be assigned by the Chief Judge of his circuit.
The Department may refuse to issue or may suspend the
certificate of any person who fails to file a return, or to pay the tax,
penalty or interest shown in a filed return, or to pay any final assessment
of tax, penalty or interest, as required by any tax Act administered by the
Illinois Department of Revenue, until such time as the requirements of any
such tax Act are satisfied.
(Source: P.A. 84‑1395.)
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(225 ILCS 415/7) (from Ch. 111, par. 6207)
(Section scheduled to be repealed on January 1, 2014)
Sec. 7.
(a) The Department shall exercise the powers and duties prescribed
by The Civil Administrative Code of Illinois for the administration of
licensing
Acts and shall exercise such other powers and duties necessary
for effectuating the purposes of this Act.
(b) The Director may promulgate rules consistent with the provisions of
this Act for the administration and enforcement thereof, and for the payment
of fees connected therewith, and may prescribe forms which shall be issued
in connection therewith. The rules shall include standards and criteria
for licensure and professional conduct and discipline. 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 any recommendations made therein. The Department shall notify
the Board in writing with proper explanation of deviations from the Board's
recommendations and responses.
(c) The Department may at any time seek the advice and the expert knowledge
of the Board on any matter relating to the administration of this Act.
(d) The Department shall issue quarterly a report to the Board of the
status of all complaints related to the profession filed with the Department.
(Source: P.A. 83‑73.)
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(225 ILCS 415/8) (from Ch. 111, par. 6208)
(Section scheduled to be repealed on January 1, 2014)
Sec. 8.
The Director shall appoint a certified Shorthand Reporters Board
as follows: 7 persons who shall be appointed by and shall serve in
an advisory capacity to the Director. Six members must be certified shorthand
reporters, in good standing, and actively engaged in the practice of shorthand
reporting in this State for ten years, and one member must be a member of
the public who is not certified under this Act, or a similar Act of another
jurisdiction.
Members shall serve 4 year terms and until their successors are appointed
and qualified, except that of the initial appointments, one member shall
be appointed to serve for one year, 2 shall be appointed to serve for 2
years, 2 shall be appointed to serve for 3 years, and the remaining one,
who shall be the public member, shall be appointed to serve for 4 years,
until their successors are appointed and qualified. No member shall be
reappointed to the Board for a term that would cause his continuous
service on the Board to be longer than 8 successive years. Service prior to
the effective date of this amendatory Act of 1991 shall be considered.
Appointments to fill vacancies
shall be made in the same manner as original appointments, for the unexpired
portion of the vacated term. Initial terms shall begin upon the effective
date of this Act.
The membership of the Board should reasonably reflect representation from
the geographic areas in this State. In making appointments to the Board,
the Director shall give consideration to recommendations by national and
State organizations of the shorthand reporter profession and shall promptly
give notice to such organizations of any vacancy in the membership of the
Board.
The Director may terminate the appointment of any member for cause which
in the opinion of the Director reasonably justifies such termination.
The Director shall consider the recommendations of the Board on questions
involving standards of professional conduct, discipline and qualifications
of candidates and certificate holders under this Act.
The Director may remove any member who fails to attend 3 consecutive
meetings unless the member has a medical excuse.
(Source: P.A. 91‑827, eff. 6‑13‑00.)
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(225 ILCS 415/9) (from Ch. 111, par. 6209)
(Section scheduled to be repealed on January 1, 2014)
Sec. 9.
Applications for original certificates shall be made to the
Department
in writing on forms prescribed by the Department and shall be accompanied
by the required fee, which shall not be returnable. Any such application
shall require such information as in the judgment of the Department
will enable the Department to pass on the qualifications of the applicant
for certification.
In determining competency, the Department shall require proof that the
applicant has a good understanding of the English language, including reading,
spelling and vocabulary, and that the applicant has sufficient ability to
accurately report any of the matters comprising the practice of shorthand
reporting as herein defined, by the use of any system of manual or mechanical
shorthand or shorthand writing, and a clear understanding of obligations
between a shorthand reporter and the parties to any proceedings reported,
as well as the provisions of this Act.
(Source: P.A. 83‑73.)
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(225 ILCS 415/10) (from Ch. 111, par. 6210)
(Section scheduled to be repealed on January 1, 2014)
Sec. 10.
The Department shall authorize examinations at least annually
and at such time and place as it may designate. The examination shall be
of a character to give a fair test of the qualifications of the applicant
to practice shorthand reporting.
Applicants for examination as certified shorthand reporters 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 the next available
examination offered or fails to pass an examination for certification
under this Act, the application shall be denied. If an applicant for
examination for certification under this Act fails to pass the examination
within 3 years after filing his application, the application shall be
denied. However, such applicant may thereafter make a new application
accompanied by the required fee.
The Department may employ consultants for the purpose of preparing and
conducting examinations.
An applicant has one year from the date of notification of
successful completion of the examination to apply to the Department for a
license. If an applicant fails to apply within one year, the applicant shall
be required to take and pass the examination again unless licensed in
another jurisdiction of the United States within one year of passing the
examination.
(Source: P.A. 86‑615.)
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(225 ILCS 415/11) (from Ch. 111, par. 6211)
(Section scheduled to be repealed on January 1, 2014)
Sec. 11.
A person shall be qualified for certification as a certified
shorthand reporter if:
A. That person has applied in writing in form and substance to the
Department; and
(1) (Blank);
(2) Is of good moral character, the determination of | ||
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(3) Has graduated from a high school or secondary | ||
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B. That person has successfully completed the examination authorized by
the Department.
(Source: P.A. 89‑387, eff. 8‑20‑95.)
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(225 ILCS 415/12) (from Ch. 111, par. 6212)
(Section scheduled to be repealed on January 1, 2014)
Sec. 12.
No person shall, after the effective date of this Act, begin
to practice in this State or hold himself out as being able to practice
shorthand reporting unless he is certified in accordance with the provisions
of this Act.
(Source: P.A. 83‑73.)
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(225 ILCS 415/13) (from Ch. 111, par. 6213)
(Section scheduled to be repealed on January 1, 2014)
Sec. 13.
No action or suit shall be instituted, nor recovery therein be
had, in any court of this State by any person for compensation for any
act done or service rendered, the doing or rendering of which is prohibited
under the provisions of this Act to other than certified shorthand reporters.
(Source: P.A. 83‑73.)
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(225 ILCS 415/14) (from Ch. 111, par. 6214)
(Section scheduled to be repealed on January 1, 2014)
Sec. 14.
The expiration date and renewal period for each certificate issued
under this Act shall be set by rule.
Any certified shorthand reporter who has permitted his certificate to expire
or who has had his certificate on inactive status may have his certificate
restored by making application to the Department, filing proof acceptable
to the Department of his fitness to have his certificate restored and
paying the required restoration fee. The Department may consider a
certificate expired less than 5 years as prima facie evidence that the
applicant is fit. If a certificate has expired or has been placed on
inactive status and the applicant has practiced in another jurisdiction
during such period, satisfactory proof of fitness may include
sworn evidence certifying to active practice in another jurisdiction.
If the certified shorthand reporter has not maintained an active practice
in another jurisdiction satisfactory to the Department, the Department shall
determine, by an evaluation program established by rule, his fitness to
resume active status and may require the certified shorthand reporter to
successfully complete a practical examination.
However, any certified shorthand reporter whose certificate expired while
he 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 his certificate
renewed or restored without paying any lapsed renewal fees if within 2 years
after termination of such service, training or education except under
conditions other than honorable, he furnished the Department with
satisfactory evidence to the effect that he has been so engaged and that
his service, training or education has been so terminated.
(Source: P.A. 84‑427.)
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(225 ILCS 415/15) (from Ch. 111, par. 6215)
(Section scheduled to be repealed on January 1, 2014)
Sec. 15.
Any certified shorthand reporter who notifies the Department
in writing on forms prescribed by the Department, may elect to place his
certificate on an inactive status and shall, subject to rules of the
Department,
be excused from payment of renewal fees until he notifies the Department
in writing of his desire to resume active status.
Any certified shorthand reporter requesting restoration from inactive status
shall be required to pay the current renewal fee and shall be required to
restore his certificate, as provided in Section 14.
Any certified shorthand reporter whose certificate is in an inactive status
shall not practice shorthand reporting in the State of Illinois.
(Source: P.A. 83‑73.)
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(225 ILCS 415/16) (from Ch. 111, par. 6216)
(Section scheduled to be repealed on January 1, 2014)
Sec. 16.
The Department shall register as a certified
shorthand reporter, without examination, on payment of the required fee,
an applicant who is a certified shorthand reporter registered under the
laws of another jurisdiction, if the requirements for certification of
certified shorthand reporters in that jurisdiction were, at the date of his
certification, substantially equivalent to the requirements in force in
this State on that date.
Applicants have 3 years from the date of application to complete the
application process. If the process has not been completed in 3
years, the application shall be denied, the fee forfeited and the
applicant must reapply and meet the requirements in effect at the time
of reapplication.
(Source: P.A. 86‑615; 87‑481; 87‑576.)
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(225 ILCS 415/17) (from Ch. 111, par. 6217)
(Section scheduled to be repealed on January 1, 2004)
Sec. 17.
Fees; returned checks; expiration while in military.
(a) The
fees for the administration and enforcement of this Act,
including but not limited to, original certification, renewal and
restoration, shall be set by rule.
(b) Beginning July 1, 2003, all of the fees and fines collected under this
Act shall be deposited into the General Professions Dedicated Fund.
(c) 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 prohibiting 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.
However, any person whose license has expired while he has been engaged
(l) in federal or state service active duty, or (2) in training or education
under the supervision of the United States preliminary to induction into
the military service, may have his license renewed, reinstated or restored
without paying any lapsed renewal and restoration fees, if within 2 years
after termination of such service, training or education other than by
dishonorable discharge, he furnishes the Department with satisfactory proof
that he has been so engaged and that his service, training or education has
been so terminated.
(Source: P.A. 92‑146, eff. 1‑1‑02; 93‑32, eff. 7‑1‑03; 93‑460, eff. 8‑8‑03.)
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(225 ILCS 415/18) (from Ch. 111, par. 6218)
(Section scheduled to be repealed on January 1, 2014)
Sec. 18.
The Department shall maintain a roster of the names and addresses
of all certificate holders and of all persons whose certificates have been
suspended, revoked or placed on inactive or nonrenewed status within the
previous year. This
roster shall be available upon written request and payment of the required fee.
(Source: P.A. 83‑73.)
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(225 ILCS 415/19) (from Ch. 111, par. 6219)
(Section scheduled to be repealed on January 1, 2014)
Sec. 19.
Any person certified 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, on the condition
that such advertising is truthful and not misleading and is in conformity
with rules promulgated by the Department.
(Source: P.A. 83‑73.)
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(225 ILCS 415/20) (from Ch. 111, par. 6220)
(Section scheduled to be repealed on January 1, 2014)
Sec. 20.
Nothing in this Act shall restrict certificate holders from forming
professional service corporations under the provisions of the Professional
Service Corporation Act.
(Source: P.A. 83‑73.)
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(225 ILCS 415/21) (from Ch. 111, par. 6221)
(Section scheduled to be repealed on January 1, 2014)
Sec. 21.
Any person who is the holder of an individual certificate as
a certified shorthand reporter heretofore issued under any prior Act,
registering
certified shorthand reporters in this State and valid on the effective date
of this Act, shall be deemed to be certified under this Act and shall be
subject to the same rights and obligations as persons originally certified
under this Act.
(Source: P.A. 83‑73.)
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(225 ILCS 415/22) (from Ch. 111, par. 6222)
(Section scheduled to be repealed on January 1, 2014)
Sec. 22.
No proceedings to revoke or suspend any license shall abate
by reason of the passage of this Act. The Department may revoke or suspend
a certificate on account of any act or circumstance occurring before this
Act shall take effect, if such act or circumstance is a ground for revocation
or suspension under the provisions of the law in effect at the time of such
act or circumstance, and such act or circumstance if it occurred after this
Act shall take effect would be a ground for revocation or suspension under
Section 23 of this Act.
(Source: P.A. 83‑73.)
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(225 ILCS 415/23) (from Ch. 111, par. 6223)
(Section scheduled to be repealed on January 1, 2014)
Sec. 23.
Grounds for disciplinary action.
(a) The Department may refuse to issue or renew, or may revoke,
suspend, place on probation, reprimand or take other disciplinary
action as the Department may deem appropriate, including fines not to
exceed $5,000 for each violation, with regard to any license for any one
or combination of the following:
(1) Material misstatement in furnishing information | ||
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(2) Violations of this Act, or of the rules | ||
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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) Having demonstrated unworthiness, or | ||
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(6) Aiding or assisting another person, firm, | ||
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(7) Failing, within 60 days, to provide information | ||
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(8) Engaging in dishonorable, unethical or | ||
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(9) Habitual intoxication or addiction to the use of | ||
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(10) Discipline by another state, the District of | ||
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(11) Directly or indirectly giving to or receiving | ||
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(12) A finding by the Board that the certificate | ||
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(13) Willfully making or filing false records or | ||
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(14) Physical illness, including but not limited to, | ||
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(15) Solicitation of professional services other | ||
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(16) Willful failure to take full and accurate | ||
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(17) Willful alteration of any stenographic notes | ||
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(18) Willful failure to accurately transcribe | ||
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(19) Willful alteration of a transcript of | ||
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(20) Affixing one's signature to any transcript of | ||
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(21) Willful failure to systematically retain | ||
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(22) Failure to deliver transcripts in a timely | ||
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(23) Establishing contingent fees as a basis of | ||
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(b) The determination by a circuit court that a certificate holder is
subject to involuntary admission or judicial admission as provided in the
Mental Health and Developmental Disabilities Code, operates as an automatic
suspension. Such suspension will end only upon a
finding by a court that the patient is no longer subject to involuntary
admission or judicial admission, an order by the court so finding and
discharging the patient, and the recommendation of the Board to the
Director that the certificate holder be allowed to resume his practice.
(Source: P.A. 91‑558, eff. 8‑14‑99.)
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(225 ILCS 415/23.1) (from Ch. 111, par. 6224)
(Section scheduled to be repealed on January 1, 2014)
Sec. 23.1.
(a) If any person violates the provisions of this Act,
the Director may, in the name of the People of the State of Illinois, through
the Attorney General of the State of Illinois, petition for an order enjoining
such violation or for an order enforcing compliance with this Act. Upon the
filing of a verified petition in such court, the court may issue a temporary
restraining order, without notice or bond, and may preliminarily and
permanently
enjoin such violation. If it is established that such person 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 shall practice as a certified shorthand reporter or
hold himself out as a certified shorthand reporter without being licensed
under the provisions of this Act then any certified shorthand reporter,
any interested party or any person injured thereby may, in addition to the
Director, petition for relief as provided in subsection (a).
(c) 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 him. The rule
shall clearly set forth the grounds relied upon by the Department and shall
provide a period of 7 days from the date of the rule to file an answer to
the satisfaction of the Department. Failure to answer to the satisfaction
of the Department shall cause an order to cease and desist to be issued
forthwith.
(Source: P.A. 83‑73.)
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(225 ILCS 415/23.2) (from Ch. 111, par. 6225)
(Section scheduled to be repealed on January 1, 2014)
Sec. 23.2.
Investigations; notice.
The Department may investigate
the actions of any applicant or of any person or persons holding or claiming to
hold a certificate. The Department shall, before refusing to issue or renew, or
taking disciplinary action against, a certificate, at least 30 days prior to
the date set for the hearing, notify in writing the applicant for, or holder
of, a certificate of the nature of the charges and that a hearing will be held
on the date designated. The Department shall direct the applicant or licensee
to file a written answer to the Board under oath within 20 days after the
service of the notice and inform the applicant or licensee that failure to file
an answer will result in default being taken against the applicant or licensee
and that the license or certificate may be suspended, revoked, placed on
probationary status, or other disciplinary action may be taken, including
limiting the scope, nature or extent of practice, as the Director may deem
proper. Written notice may be served by personal delivery or certified
or registered mail to the respondent at the address of his last notification
to the Department. In case the person 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 any statements,
testimony, evidence and argument as may be pertinent to the charges or to their
defense. The Board may continue a hearing from time to time.
(Source: P.A. 87‑1031.)
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(225 ILCS 415/23.3) (from Ch. 111, par. 6226)
(Section scheduled to be repealed on January 1, 2014)
Sec. 23.3.
The Department, at its expense, shall preserve a record
of all proceedings at the formal hearing of any case involving the refusal
to issue or renew, or the taking of disciplinary action against, a certificate.
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 the record of such
proceeding.
(Source: P.A. 83‑73.)
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(225 ILCS 415/23.4) (from Ch. 111, par. 6227)
(Section scheduled to be repealed on January 1, 2014)
Sec. 23.4.
The Department shall have the 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 procedure in civil cases in courts of this
State.
The Director, the designated hearing officer, and every member of the Board
shall have power to administer oaths to witnesses at any hearing which the
Department is authorized by law to conduct, and any other oaths required or
authorized in any Act administered by the Department.
(Source: P.A. 83‑73.)
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(225 ILCS 415/23.5) (from Ch. 111, par. 6228)
(Section scheduled to be repealed on January 1, 2014)
Sec. 23.5.
Any circuit court may, upon application of the Department
or its designee, or the applicant or certificate holder against whom
proceedings
under Section 23 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. 83‑73.)
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(225 ILCS 415/23.6) (from Ch. 111, par. 6229)
(Section scheduled to be repealed on January 1, 2014)
Sec. 23.6.
At the conclusion of the hearing the Board shall present
to the Director a written report of its findings of fact, conclusions of
law 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 of fact, conclusions of law and recommendations of
the Board shall be the basis for the Department's action regarding
a certificate. If the Director disagrees in any regard with the report
of the Board he may issue an order in contravention thereof. The Director
shall provide to the Board a written explanation for any deviation and shall
specify with particularity the reasons for such action in the
final order. The finding is not admissible in evidence against the person
in a criminal prosecution brought for the violation of this Act.
(Source: P.A. 83‑73.)
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(225 ILCS 415/23.7) (from Ch. 111, par. 6230)
(Section scheduled to be repealed on January 1, 2014)
Sec. 23.7.
In any case involving the refusal to issue or renew, or
the taking of disciplinary action against, a certificate, a copy of the
Board's report shall be served upon the respondent by the Department 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 therefor. 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 23.6. If the respondent shall
order from the reporting service, and pay 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. 83‑73.)
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(225 ILCS 415/23.8) (from Ch. 111, par. 6231)
(Section scheduled to be repealed on January 1, 2014)
Sec. 23.8.
Whenever the Director is satisfied that substantial justice
has not been done in the revocation or suspension of, or the refusal to
issue or renew, a certificate, the Director may order a rehearing by the
Board or a designated hearing officer.
(Source: P.A. 83‑73.)
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(225 ILCS 415/23.9) (from Ch. 111, par. 6232)
(Section scheduled to be repealed on January 1, 2014)
Sec. 23.9.
Notwithstanding the provisions of Section 23.2, the Director
shall have 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
involving a refusal to issue or renew, or the taking of disciplinary action
against a certificate. The Director shall notify the Board of such
appointment.
The hearing officer shall have full authority to conduct the hearing. 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 to the Board a written explanation for any deviation,
and shall specify with particularity the reasons for such action in the final
order.
(Source: P.A. 83‑73.)
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(225 ILCS 415/23.10) (from Ch. 111, par. 6233)
(Section scheduled to be repealed on January 1, 2014)
Sec. 23.10.
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 that:
(1) the signature is the genuine signature of the | ||
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(2) the Director is duly appointed and qualified; and
(3) 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 415/23.11) (from Ch. 111, par. 6234)
(Section scheduled to be repealed on January 1, 2014)
Sec. 23.11.
At any time after the suspension or revocation of any
certificate, the Department may restore it to the accused person, upon the
written recommendation of the Board, unless after an investigation and a
hearing, the Department determines that restoration is not in the public
interest.
(Source: P.A. 83‑73.)
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(225 ILCS 415/23.12) (from Ch. 111, par. 6235)
(Section scheduled to be repealed on January 1, 2014)
Sec. 23.12.
Upon the revocation or suspension of any certificate, the
certificate
holder shall forthwith surrender the certificate or certificates to the
Department. If the certificate holder fails to do so, the Department shall
have the right to seize the certificate.
(Source: P.A. 83‑73.)
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(225 ILCS 415/23.13) (from Ch. 111, par. 6236)
(Section scheduled to be repealed on January 1, 2014)
Sec. 23.13.
The Director may temporarily suspend the certificate of
a certified shorthand reporter without a hearing, simultaneously with the
institution of proceedings for a hearing provided for in Section 23.2 of
this Act, if the Director finds that evidence in his possession indicates
that a certified shorthand reporter's continuation in practice would constitute
an imminent danger to the public. In the event that the Director temporarily
suspends
the certificate of a certified shorthand reporter without a hearing, a
hearing by the Board must be held within 30 days after such suspension has
occurred.
(Source: P.A. 83‑73.)
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(225 ILCS 415/23.14) (from Ch. 111, par. 6237)
(Section scheduled to be repealed on January 1, 2014)
Sec. 23.14.
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 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, except that
if the party is not a resident of this State, the venue shall be Sangamon
County.
(Source: P.A. 83‑73.)
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(225 ILCS 415/23.15) (from Ch. 111, par. 6238)
(Section scheduled to be repealed on January 1, 2014)
Sec. 23.15.
Certification; receipt.
The Department shall not be
required to certify any record
to the court or file any answer in court or otherwise appear in any court
in a judicial review proceeding, unless there is filed in the court, with
the complaint, a receipt from the Department acknowledging payment of the
costs of furnishing and certifying the record. Failure on the part of
the plaintiff to file a receipt in court shall be grounds for
dismissal
of the action.
(Source: P.A. 87‑1031.)
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(225 ILCS 415/23.16) (from Ch. 111, par. 6239)
(Section scheduled to be repealed on January 1, 2014)
Sec. 23.16.
Any person who is found to have violated any provision
of this Act is guilty of a Class A misdemeanor. On conviction of a second
or subsequent offense the violator shall be guilty of a Class 4 felony.
(Source: P.A. 83‑73.)
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(225 ILCS 415/24) (from Ch. 111, par. 6240)
(Section scheduled to be repealed on January 1, 2014)
Sec. 24.
Administrative Procedure Act.
The Illinois Administrative
Procedure Act is hereby expressly adopted and incorporated herein as if all of
the provisions of that Act were included in this Act, except that the provision
of subsection (d) of Section 10‑65 of the Illinois Administrative Procedure Act
that provides that at hearings the certificate holder has the right to show
compliance with all lawful requirements for retention, continuation or renewal
of certification is specifically excluded. For the purpose of this Act the
notice required under Section 10‑25 of the Illinois Administrative Procedure
Act is deemed sufficient when mailed to the last known address of a party.
(Source: P.A. 88‑45.)
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(225 ILCS 415/25) (from Ch. 111, par. 6241)
(Section scheduled to be repealed on January 1, 2014)
Sec. 25.
It is declared to be the public policy of this State, pursuant
to paragraphs (h) and (i) of Section 6 of Article VII of the Illinois
Constitution
of 1970, that any power or function set forth in this Act to be exercised
by the State is an exclusive State power or function. Such power or function
shall not be exercised concurrently, either directly or indirectly, by any
unit of local government, including home rule units, except as otherwise
provided in this Act.
(Source: P.A. 83‑73.)
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(225 ILCS 415/26) (from Ch. 111, par. 6242)
(Section scheduled to be repealed on January 1, 2014)
Sec. 26.
Every shorthand reporter shall print his or her name
and license or restricted license number on each transcript reported.
(Source: P.A. 87‑481; 87‑576.)
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(225 ILCS 415/26.1)
(Section scheduled to be repealed on January 1, 2014)
Sec. 26.1.
Responsibility for notes.
It is the licensee's responsibility to
preserve his or her shorthand notes for a period of no less than 5 years from
the end of litigation, except as otherwise prescribed by law, through storage
of the original paper
notes or an electronic copy of either the shorthand notes or the English
transcript of the notes on computer disks, cassettes, backup tape systems, or
optical or laser disk systems.
(Source: P.A. 91‑558, eff. 8‑14‑99.)
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(225 ILCS 415/27) (from Ch. 111, par. 6243)
(Section scheduled to be repealed on January 1, 2014)
Sec. 27.
On a specified date determined by the Department and established in
its rules and regulations, every person certified under this Act shall be
required to complete 10 hours of continuing education over a 2 year period in a
manner as determined by the rules and regulations of the Department promulgated
in consultation with the Board.
Persons employed as full time court reporters under the Court Reporters
Act may apply for a waiver from the continuing education requirements. The
waiver shall be granted upon the submission of evidence satisfactory to the
Department that the certified shorthand reporter is employed as a full time
court reporter under the Court Reporters Act.
(Source: P.A. 87‑481; 87‑576; 88‑475.)
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(225 ILCS 415/28)
(Section scheduled to be repealed on January 1, 2014)
Sec. 28.
Payment for services.
A person certified under this Act may hold an attorney, firm, or
any other entity personally responsible for payment of shorthand reporting
services rendered at the request of that attorney, firm, or entity.
(Source: P.A. 90‑295, eff. 8‑1‑97.)
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