Illinois Chapter 225 Professions And Occupations
225 ILCS 325/ Professional Engineering Practice Act of 1989.Code Resources
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(225 ILCS 325/1) (from Ch. 111, par. 5201)
(Section scheduled to be repealed on January 1, 2010)
Sec. 1.
Declaration of public policy.
The practice of
professional engineering in the State of Illinois is hereby declared to
affect the public health, safety, and welfare and to be subject to
regulation and control in the public interest. It is further declared
that the practice of professional engineering as defined in this Act
merits the confidence of the public, and that only qualified persons
shall be authorized to engage in the practice of professional
engineering in the State of Illinois. This Act shall be liberally
construed to best carry out this purpose.
(Source: P.A. 86‑667.)
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(225 ILCS 325/2) (from Ch. 111, par. 5202)
(Section scheduled to be repealed on January 1, 2010)
Sec. 2.
Short title.
This Act shall be known and may be cited as
the Professional Engineering Practice Act of 1989.
(Source: P.A. 86‑667.)
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(225 ILCS 325/3) (from Ch. 111, par. 5203)
(Section scheduled to be repealed on January 1, 2010)
Sec. 3.
Application of the Act; Exemptions.
(a) Nothing in this Act shall be construed to prevent the practice of
structural engineering as defined in the Structural
Engineering Practice Act of 1989 or the practice of
architecture
as defined in the Illinois Architecture Practice Act of 1989 or the
regular and customary practice of construction contracting and construction
management as performed by construction contractors.
(b) Nothing in this Act shall prevent:
(1) Employees, including project representatives, of | ||
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(2) The employment of owner's representatives by the | ||
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(3) The practice of officers and employees of the | ||
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(4) Services performed by employees of a business | ||
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(5) Inspection, maintenance and service work done by | ||
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(6) The activities performed by those ordinarily | ||
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(7) The activities performed by a person ordinarily | ||
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(8) The services, for private use, of contractors or | ||
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(c) No officer, board, commission, or other public entity charged with
the enforcement of codes and ordinances involving a professional
engineering project shall accept for filing or approval any technical
submissions that do not bear the seal and signature of a professional
engineer licensed under this Act.
(d) Nothing contained in this Section imposes upon a person licensed
under this Act the responsibility for the performance of any of the
foregoing functions unless such person specifically contracts to provide it.
(Source: P.A. 91‑91, eff. 1‑1‑00.)
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(225 ILCS 325/4) (from Ch. 111, par. 5204)
(Section scheduled to be repealed on January 1, 2010)
Sec. 4.
Definitions.
As used in this Act:
(a) "Approved engineering curriculum" means
an engineering curriculum or program
of 4 academic years or more which meets the standards established by the
rules of the Department.
(b) "Board" means the State Board of Professional Engineers of the
Department of Professional Regulation, previously known as the Examining
Committee.
(c) "Department" means the Department of Professional Regulation.
(d) "Design professional" means an architect, structural engineer or
professional engineer practicing in conformance with the Illinois
Architecture Practice Act of 1989, the Structural
Engineering Practice Act of 1989 or the
Professional Engineering Practice Act of 1989.
(e) "Director" means the Director of Professional Regulation.
(f) "Direct supervision/responsible charge" means work
prepared under the control of a licensed professional engineer or that
work as to which that professional engineer has detailed professional
knowledge.
(g) "Engineering college" means a school, college, university,
department of a university or other educational institution, reputable
and in good standing in accordance with rules prescribed by the
Department, and which grants baccalaureate degrees in engineering.
(h) "Engineering system or facility" means a system or facility whose
design is based upon the application of the principles of science for
the purpose of modification of natural states of being.
(i) "Engineer intern" means a person who is a candidate for
licensure as a professional engineer and who has been enrolled as an
engineer intern.
(j) "Enrollment" means an action by the Department to record those
individuals who have met the Board's requirements for an engineer
intern.
(k) "License" means an official document issued by the Department to
an individual, a corporation, a partnership, a professional
service corporation, a limited liability company, or a sole proprietorship,
signifying authority to
practice.
(l) "Negligence in the practice of professional engineering" means the
failure to exercise that degree of reasonable professional skill, judgment
and diligence normally rendered by professional engineers in the
practice of professional engineering.
(m) "Professional engineer" means a person licensed under the laws
of the State of Illinois to practice professional engineering.
(n) "Professional engineering" means the application of science to the
design of engineering systems and facilities using the knowledge,
skills, ability and professional judgment developed through professional
engineering education, training and experience.
(o) "Professional engineering practice" means the consultation on,
conception, investigation, evaluation, planning, and design of, and
selection of materials to be used in, administration of
construction contracts for, or site observation of,
an engineering system
or facility, where such consultation, conception, investigation,
evaluation, planning, design, selection, administration, or observation
requires extensive knowledge of engineering laws, formulae, materials,
practice, and construction methods. A person shall be construed to
practice or offer to practice professional engineering, within the
meaning and intent of this Act, who practices, or who, by verbal claim,
sign, advertisement, letterhead, card, or any other way, is represented
to be a professional engineer, or through the use of the initials "P.E."
or the title "engineer" or any of its derivations or some other title
implies licensure as a professional engineer, or holds himself out as able to
perform any service which is recognized as professional engineering
practice.
Examples of the practice of professional engineering include, but need
not be limited to, transportation facilities and publicly owned
utilities for a region or community,
railroads, railways, highways, subways, canals, harbors, river
improvements; irrigation works; aircraft, airports and landing fields;
waterworks, piping systems and appurtenances, sewers, sewage disposal
works; plants for the generation of
power; devices for the utilization of power; boilers; refrigeration
plants, air conditioning systems and plants; heating systems and plants;
plants for the transmission or distribution of power; electrical plants
which produce, transmit, distribute, or utilize electrical energy; works
for the extraction of minerals from the earth; plants for the refining,
alloying or treating of metals; chemical works and industrial plants
involving the use of chemicals and chemical processes; plants for the
production, conversion, or utilization of nuclear, chemical, or radiant
energy; forensic engineering, geotechnical engineering including,
subsurface investigations; soil classification, geology and geohydrology,
incidental to the practice of professional engineering; energy
analysis, environmental design, hazardous waste mitigation and control;
recognition, measurement, evaluation and control of environmental systems and
emissions; automated building management systems;
or the provision of professional engineering site observation of the
construction of works and engineering systems. Nothing contained in
this Section imposes upon a person licensed under this Act the
responsibility for the performance of any of the foregoing functions
unless such person specifically contracts to provide it.
(p) "Project representative" means the professional engineer's
representative at the project site who assists in the administration of
the construction contract.
(q) "Registered" means the same as "licensed" for purposes of this Act.
(r) "Related science curriculum" means a 4 year program of study, the
satisfactory completion of which results in a Bachelor of Science
degree, and which contains courses from such areas as life, earth,
engineering and computer sciences, including but not limited to, physics
and chemistry. In the study of these sciences, the objective is to
acquire fundamental knowledge about the nature of its phenomena,
including quantitative expression, appropriate to particular fields of
engineering.
(s) "Rules" means those rules promulgated pursuant to this Act.
(t) "Seal" means the seal in compliance with Section 14 of this Act.
(u) "Site observation" is visitation of the construction site for the
purpose of reviewing, as available, the quality and conformance of the
work to the technical submissions as they relate to design.
(v) "Support design professional" means a professional engineer
practicing in conformance with the Professional Engineering Practice Act
of 1989, who provides services to the design professional who has
contract responsibility.
(w) "Technical submissions" means designs, drawings, and specifications
which establish the standard of quality for materials, workmanship,
equipment, and the construction systems, studies, and other technical
reports prepared in the course of a design professional's practice.
(Source: P.A. 91‑91, eff. 1‑1‑00; 91‑92, eff. 1‑1‑00; 92‑16, eff. 6‑28‑01;
92‑145, eff. 1‑1‑02.)
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(225 ILCS 325/5) (from Ch. 111, par. 5205)
(Section scheduled to be repealed on January 1, 2010)
Sec. 5.
Powers and duties of the Department.
Subject to the
provisions of this Act, the Department shall exercise the following
functions, powers and duties:
(a) To pass upon the qualifications and conduct | ||
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(b) To prescribe rules for the method, conduct and | ||
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(c) To license corporations, partnerships, | ||
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(d) To conduct investigations and hearings regarding | ||
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(e) To prescribe rules as to what shall constitute | ||
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(f) To promulgate rules required for the | ||
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(g) To maintain membership in the National Council | ||
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(h) To obtain written recommendations from the Board | ||
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Prior to issuance of any final decision or order | ||
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(i) To publish and distribute or to post on the | ||
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None of the functions, powers or duties enumerated in this Section
shall be exercised by the Department except upon the action and report
in writing of the Board.
(Source: P.A. 91‑92, eff. 1‑1‑00; 92‑145, eff. 1‑1‑02.)
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(225 ILCS 325/6) (from Ch. 111, par. 5206)
(Section scheduled to be repealed on January 1, 2010)
Sec. 6.
Composition, qualifications and terms of the Board.
(a) The
Board shall be appointed by the Director and shall consist of 10
members, one of whom shall be a public member and 9 of whom shall be
professional engineers licensed under this Act. In addition each member
who is a professional engineer shall:
(1) be a citizen of the United States, and
(2) be a resident of this State.
(b) In addition, each member who is a professional engineer shall:
(1) have not less than 12 years of experience in the | ||
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(2) have been in charge of professional engineering | ||
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The terms for all members shall be for 5 years. On the expiration of
the term of any member
or in the event of a vacancy,
the Director shall appoint
a member who shall hold office until the expiration of the term
for which the member is appointed and until a successor has been
appointed and qualified.
No member shall be reappointed to the Board for a term which would
cause that individual's continuous service on the Board to be longer
than 15 successive years.
In implementing the 5 year terms, the Director shall vary the terms to
enable the Board to have no more than 2 terms expire in any one year.
The public member shall not be an employee of the State of Illinois.
The public member shall be an Illinois resident and a citizen of the
United States.
In making appointments to the Board, the Director shall give due
consideration to recommendations by members of the profession and by
organizations therein.
The Director may remove any member of the Board for misconduct,
incompetence, neglect of duty or for reasons prescribed by law for
removal of State officials.
The Director may remove a member of the Board who does not attend 2
consecutive meetings.
A quorum of the Board shall consist
of a majority of Board members appointed.
Majority vote of the quorum is required for Board decisions.
Each member of the Board shall receive compensation when attending
Board meetings or meetings approved by the Director and shall be
reimbursed for all actual traveling expenses.
Members of the Board shall be immune from suit in any action based
upon any disciplinary proceedings or other activities performed in good
faith as members of the Board.
Persons holding office as members of the Board immediately prior to
the effective date of this Act under the Act repealed herein shall
continue as members of the Board until the expiration of the term for
which they were appointed and until their successors are appointed and
qualified.
(Source: P.A. 91‑92, eff. 1‑1‑00.)
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(225 ILCS 325/7) (from Ch. 111, par. 5207)
(Section scheduled to be repealed on January 1, 2010)
Sec. 7.
Powers and duties of the Board.
Subject to the provisions
of this Act, the Board shall exercise the following functions, powers
and duties:
(a) Review education and experience qualifications | ||
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(b) The Board may appoint a subcommittee to serve as | ||
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(c) Conduct hearings regarding disciplinary actions | ||
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(d) Make visits to universities or colleges to | ||
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(e) Submit a written recommendation to the Director | ||
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(f) Hold at least 3 regular meetings each year;
(g) Elect annually a chairperson and a | ||
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(h) Submit written comments to the Director within | ||
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(Source: P.A. 91‑92, eff. 1‑1‑00.)
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(225 ILCS 325/8) (from Ch. 111, par. 5208)
(Section scheduled to be repealed on January 1, 2010)
Sec. 8.
Applications for licensure.
(a) Applications for licensure
shall (1) be on forms prescribed and furnished by the Department, (2) contain
statements made under oath showing the applicant's education and
a detailed summary of the applicant's technical work, and (3) contain
references as required by the Department.
(b) Applicants shall have obtained the education and experience as
required in Section 10 or Section 11 prior to submittal of application
for examination, except as provided in subsection (b) of Section 11.
Allowable experience shall commence at the date of the baccalaureate
degree, except:
(1) Credit for one year of experience shall be given | ||
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(2) Partial credit may be given for professional | ||
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(3) If an applicant files an application and | ||
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The Board may conduct oral interviews of any applicant under Sections
10, 11, or 19 to assist in the evaluation of the qualifications of the
applicant.
It is the responsibility of the applicant to supplement the
application, when requested by the Board, by provision of additional
documentation of education, including transcripts, course content and
credentials of the engineering college or college granting related
science degrees, or of work experience to permit the Board to determine
the qualifications of the applicant. The Department may require an
applicant, at the applicant's expense, to have an evaluation of the applicant's
education in a foreign country by a nationally recognized educational body
approved by the Board in accordance with rules prescribed by the Department.
An applicant who graduated from an engineering program outside the United
States or its territories and whose first language is not English shall submit
certification of passage of the Test of English as a Foreign Language (TOEFL)
and the Test of Spoken English (TSE) as defined by rule.
(Source: P.A. 91‑92, eff. 1‑1‑00; 92‑145, eff. 1‑1‑02.)
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(225 ILCS 325/8.5)
(Section scheduled to be repealed on January 1, 2010)
Sec. 8.5.
Social Security Number on license application.
In addition
to any other information required to be contained in the application, every
application for an original, renewal, or restored license under this Act shall
include the applicant's Social Security Number.
(Source: P.A. 90‑144, eff. 7‑23‑97.)
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(225 ILCS 325/10) (from Ch. 111, par. 5210)
(Section scheduled to be repealed on January 1, 2010)
Sec. 10.
Minimum standards for examination for licensure as
professional engineer. To qualify for licensure as a professional
engineer each applicant shall be:
(a) A graduate of an approved engineering curriculum of at least 4
years who submits acceptable evidence to the Board of an additional 4
years or more of experience in engineering work of a grade and character
which indicate that the individual may be competent to practice
professional engineering, and who then passes a nominal 8‑hour written
examination in the fundamentals of engineering, and a nominal 8‑hour
written examination in the principles and practice of engineering. Upon
passing both examinations, the applicant, if otherwise qualified, shall
be granted a license to practice professional engineering in this State; or
(b) A graduate of a non‑approved engineering curriculum or a related
science curriculum of at least 4 years and meeting the requirements as
set forth by rule, who submits acceptable evidence to the Board of an
additional 8 years or more of experience in engineering work of a grade
and character which indicate that the individual may be competent to
practice professional engineering, and who then passes a nominal 8‑hour
written examination in the fundamentals of engineering and a nominal
8‑hour written examination in the principles and practice of
engineering. Upon passing both examinations, the applicant, if
otherwise qualified, shall be granted a license to practice professional
engineering in this State; or
(c) An engineer intern who meets the education and experience
qualifications of subsection (a) or (b) of this Section
and has passed the nominal 8‑hour written examination in the fundamentals
of engineering,
by application
and payment of the required fee, may then take the nominal 8‑hour written
examination in the principles and practice of engineering. Upon passing
that examination, the applicant, if otherwise qualified, shall be
granted a license to practice professional engineering in this State.
(d) When considering an applicant's
qualifications for licensure under this Act, the Department may take into
consideration whether an applicant has engaged in conduct or actions that
would constitute a violation of the Standards of Professional Conduct for
this Act as provided for by administrative rules.
(Source: P.A. 91‑92, eff. 1‑1‑00.)
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(225 ILCS 325/11) (from Ch. 111, par. 5211)
(Section scheduled to be repealed on January 1, 2010)
Sec. 11.
Minimum standards for examination for enrollment as
engineer intern. Each of the following is considered a minimum standard
that an applicant must satisfy to qualify for enrollment as an engineer
intern.
(a) A graduate of an approved engineering curriculum of at least 4
years, who has passed a nominal 8‑hour written examination in the
fundamentals of engineering, shall be enrolled as an engineer intern, if
the applicant is otherwise qualified; or
(b) An applicant in the last year of an approved engineering
curriculum who passes a nominal 8‑hour written examination in the
fundamentals of engineering and furnishes proof of graduation within a
12 month period following the examination shall be enrolled
as an engineer intern, if the applicant is otherwise qualified; or
(c) A graduate of a non‑approved engineering curriculum or a related
science curriculum, of at least 4 years meeting the requirements as set
forth by rule, who submits acceptable evidence to the Board of an
additional 4 years or more of progressive experience in engineering
work, and who then passes a nominal 8‑hour written examination in the
fundamentals of engineering shall be enrolled as an engineer intern, if
the applicant is otherwise qualified.
The examination of applicants under subsection (b) of this Section
who fail to furnish proof of graduation within the specified 12 month
period after the examination shall be voided by the Department.
(Source: P.A. 89‑61, eff. 6‑30‑95.)
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(225 ILCS 325/12) (from Ch. 111, par. 5212)
(Section scheduled to be repealed on January 1, 2010)
Sec. 12.
Educational credits or teaching as equivalent of experience.
(a) After earning an acceptable baccalaureate degree as required by
subsection (a) or (b) of Section 10 in engineering or related science
and upon completion of a Master's degree in engineering, the applicant
may receive one year of experience credit. Upon completion of a Ph.D.
in engineering, an applicant may receive an additional year experience
credit for a maximum of 2 years.
(b) Teaching engineering subjects in an engineering college
at a rank of instructor or above
is
considered experience in engineering.
(c) (Blank).
(Source: P.A. 91‑92, eff. 1‑1‑00; 92‑145, eff. 1‑1‑02.)
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(225 ILCS 325/13) (from Ch. 111, par. 5213)
(Section scheduled to be repealed on January 1, 2010)
Sec. 13.
After graduation courses.
To complete acceptable
educational requirements, an applicant may use course work successfully
taken after the applicant's non‑approved engineering
baccalaureate
degree or related
science baccalaureate degree, as provided in the rules.
(Source: P.A. 89‑61, eff. 6‑30‑95.)
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(225 ILCS 325/14) (from Ch. 111, par. 5214)
(Section scheduled to be repealed on January 1, 2010)
Sec. 14.
Seal.
Every professional engineer shall
have a seal or
stamp, the print of which shall
be reproducible and
contain the name of the
professional engineer, the professional engineer's license number, and
the words "Licensed Professional Engineer of Illinois".
Any
reproducible stamp heretofore authorized under the laws of this
state for use by a
professional engineer, including those with the words "Registered
Professional Engineer of Illinois",
shall serve the same purpose as the seal provided
for by this Act.
When technical submissions are prepared utilizing a computer or other
electronic means, the seal may be generated by the computer. Signatures
generated by computer shall not be permitted.
The use of a professional engineer's seal on technical submissions
constitutes a representation by the professional engineer that the work
has been prepared by or under the personal supervision of the professional
engineer or developed in conjunction with the use of accepted engineering
standards. The use of the seal further represents that the work has been
prepared and administered in accordance with the
standards of reasonable professional skill and diligence.
It is unlawful to affix one's seal to technical submissions if
it masks the true identity of the person who actually exercised
direction, control and supervision of the preparation of such work. A
professional engineer who seals and signs technical submissions is not
responsible for damage caused by subsequent changes to or uses of those
technical submissions, where the subsequent changes or uses, including
changes or uses made by State or local governmental agencies, are not
authorized or approved by the professional engineer who originally
sealed and signed the technical submissions.
(Source: P.A. 91‑92, eff. 1‑1‑00; 92‑145, eff. 1‑1‑02.)
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(225 ILCS 325/15) (from Ch. 111, par. 5215)
(Section scheduled to be repealed on January 1, 2010)
Sec. 15.
Technical submissions.
All technical submissions
prepared by or under the personal supervision of a professional engineer
shall bear that professional engineer's seal, signature, and license
expiration date. The licensee's written signature and date of signing,
along with the date of license expiration, shall be placed adjacent to
the seal.
Computer generated signatures are not permitted.
The professional engineer who has contract responsibility shall
seal a cover sheet of the technical submissions, and those individual
portions of the technical submissions for which the professional
engineer is legally and professionally responsible. The professional
engineer practicing as the support design professional shall seal
those individual portions of technical submissions for which the
professional engineer is legally and professionally responsible.
All technical submissions intended for use in construction in the
State of Illinois shall be prepared and administered in accordance with
standards of reasonable professional skill and diligence. Care shall be
taken to reflect the requirements of State statutes and, where
applicable, county and municipal ordinances in such documents.
In recognition that professional engineers are licensed for the
protection of the public health, safety and welfare, documents shall be
of such quality and scope, and be so administered as to conform to
professional standards.
(Source: P.A. 91‑92, eff. 1‑1‑00; 92‑145, eff. 1‑1‑02.)
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(225 ILCS 325/16) (from Ch. 111, par. 5216)
(Section scheduled to be repealed on January 1, 2010)
Sec. 16.
Issuance of license.
Whenever the provisions of this
Act have been complied with the Department shall issue a license as a
professional engineer and enroll the engineer intern.
Every holder of a license as a professional engineer shall display
the license in a conspicuous place in the professional engineer's
principal office.
It is the professional engineer's and engineer intern's
responsibility to inform the Department of any change of address.
(Source: P.A. 86‑667.)
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(225 ILCS 325/17) (from Ch. 111, par. 5217)
(Section scheduled to be repealed on January 1, 2010)
Sec. 17.
Licensure; Renewal; Restoration; Person in military
service. The expiration date and renewal period for each professional
engineer license issued under this Act shall be set by the Department
by rule. The
enrollment of an engineer intern shall not expire.
Any person whose
license has expired or whose license is on inactive status may have such
license restored by making application to the Department and filing
proof acceptable to the Department of that person's fitness to have such
license restored, which may include sworn evidence certifying to active
practice in another jurisdiction satisfactory to the Department and by
paying the required restoration fee.
If the person has not maintained an active practice in another
jurisdiction satisfactory to the Department, the Board shall determine,
by an evaluation program established by rule, the person's fitness to
resume active status and may require the person to complete a period of
evaluated experience and may require successful completion of the
principles and practice examination.
However, any person whose license expired while that person was (1) in
Federal Service on active duty with the Armed Forces of the United
States, or the State Militia called into service or training, or (2) in
training or education under the supervision of the United States
preliminary to induction into the military service, may have such
license renewed or restored without paying any lapsed renewal fees if,
within 2 years after honorable termination of such service, training,
or education, except under conditions other than honorable, the
Department is furnished with satisfactory evidence that the person has
been so engaged and has maintained professional competence and that such
service, training or education has been so terminated.
Each application
for renewal shall contain the original seal and signature of the
professional engineer. Applicants for renewal or restoration shall
certify that all conditions of their license meet the requirements of
the Illinois Professional Engineering Practice Act of 1989.
(Source: P.A. 89‑61, eff. 6‑30‑95.)
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(225 ILCS 325/17.5)
(Section scheduled to be repealed on January 1, 2010)
Sec. 17.5.
Continuing education.
The Department
may promulgate rules of continuing education for persons licensed under this
Act. The Department shall consider the recommendations of the Board in
establishing the guidelines for the continuing education requirements. The
requirements of this Section apply to any person seeking renewal or restoration
under Section 17 or 18 of this Act.
(Source: P.A. 91‑92, eff. 1‑1‑00.)
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(225 ILCS 325/18) (from Ch. 111, par. 5218)
(Section scheduled to be repealed on January 1, 2010)
Sec. 18.
Inactive status.
A person who notifies the Department
in writing on forms prescribed by the Department may elect to place
that person's license on an inactive status and shall, subject to
rules, be excused from payment of renewal fees until the Department is
notified in writing of that person's desire to resume active status.
Any person requesting restoration from inactive status is required to
pay the current renewal fee and is required to seek restoration of
license as provided in Section 17 of this Act. Any professional
engineer whose license is in an inactive status shall not practice
professional engineering in the State of Illinois.
(Source: P.A. 86‑667.)
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(225 ILCS 325/19) (from Ch. 111, par. 5219)
(Section scheduled to be repealed on January 1, 2010)
Sec. 19.
Endorsement.
The Department may, upon the recommendation
of the Board, license as a professional engineer,
on payment of the required fee, an applicant who is a professional
engineer registered or licensed under the laws of another state or
territory of the United States or the District of Columbia or parties to the
North American Free Trade Agreement
if the
applicant qualifies under Section 10 of this Act, or if the
qualifications of the applicant were at the time of registration or
licensure in another jurisdiction substantially equal to the
requirements in force in this State on that date.
The Department may refuse to endorse by comity the applicants from any
state, District of Columbia or territory if the requirements for
registration or licensure in such jurisdiction are not substantially
equal to the requirements of this Act.
Applicants have 3 years from the date of application to complete the
application process. If the process has not been completed during the 3
year time frame, the application shall be denied, the fee forfeited and
the applicant must reapply and meet the requirements in effect at the
time of reapplication.
(Source: P.A. 88‑595, eff. 8‑26‑94; 89‑61, eff. 6‑30‑95.)
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(225 ILCS 325/20) (from Ch. 111, par. 5220)
(Section scheduled to be repealed on January 1, 2010)
Sec. 20.
Fees.
(a) The Department shall provide by rule for a schedule of fees to be paid
for licenses by all applicants. All fees are not refundable.
(b) The fees for the administration and enforcement of this Act, including
but not limited to original licensure, renewal, and restoration, shall be
set by rule by the Department.
(c) All the fees and
fines collected pursuant to this Section shall be deposited in the Design
Professionals Administration and Investigation Fund.
Of the moneys deposited into the Design Professionals Administration and
Investigation Fund, the Department may use such funds as necessary and
available to produce and distribute newsletters to persons licensed under
this Act.
(Source: P.A. 91‑92, eff. 1‑1‑00.)
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(225 ILCS 325/21) (from Ch. 111, par. 5221)
(Section scheduled to be repealed on January 1, 2010)
Sec. 21.
Rosters.
The Department shall maintain a roster of the names and
addresses of all professional engineers and professional design firms,
partnerships, and corporations licensed or registered under this Act. This
roster shall be available upon written request and payment of the required fee.
(Source: P.A. 88‑428.)
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(225 ILCS 325/22) (from Ch. 111, par. 5222)
(Section scheduled to be repealed on January 1, 2010)
Sec. 22.
Advertising.
Any person licensed under this Act may
advertise the availability of professional services in the media or on
the premises where such professional services are rendered as permitted
by law, if such advertising is truthful and not misleading.
(Source: P.A. 86‑667.)
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(225 ILCS 325/23) (from Ch. 111, par. 5223)
(Section scheduled to be repealed on January 1, 2010)
Sec. 23.
Professional design firm registration.
(a) Nothing in this Act shall prohibit the formation, under the
provisions of the Professional Service Corporation Act, as amended, of a
corporation to practice professional engineering.
Any business, including a Professional Service Corporation, that includes within its stated purposes or practices, or holds
itself out as available to practice, professional engineering shall be
registered with the Department pursuant to the provisions set forth in
this Section.
Any sole proprietorship not owned and operated by an Illinois licensed
design professional licensed under this Act shall be prohibited from offering
professional engineering services to the public.
Any sole proprietorship owned and operated by a professional engineer with an
active license issued under this Act and conducting or transacting such
business under an assumed name in accordance with the provisions of the Assumed
Business Name Act shall comply with the registration requirements of a
professional design firm.
Any sole proprietorship owned
and operated by a professional engineer with an active license issued under
this Act and conducting or transacting such business under the real name of
the sole proprietor is exempt from the registration requirements of a
professional design
firm. "Illinois licensed design professional" means a person who holds an
active license as a professional engineer under this Act, as an architect
under the Illinois Architecture Practice Act of 1989, or as a structural
engineer under the Structural Engineering Practice Act of
1989.
(b) Any professional design firm seeking to be registered pursuant to
the provisions of this Section shall not be registered unless one or more
managing agents in charge of professional engineering activities in this
State are designated by the professional design firm. Each managing
agent must at all times maintain a valid, active license to practice
professional engineering in Illinois.
No individual whose license to practice professional engineering in
this State is currently in a suspended or revoked status shall act as a
managing agent for a professional design firm.
(c) Any business seeking to be registered under this
Section shall make application on a form provided by the Department and
shall provide such information as requested by the Department, which
shall include, but not be limited to:
(1) the name and license number of the person | ||
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(2) the names and license numbers of the directors, | ||
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(3) a list of all office locations at which the | ||
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(4) a list of all assumed names of the business. | ||
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It is the responsibility of the professional design firm to
provide the Department notice, in writing, of any changes in the
information requested on the application.
(d) The Department shall issue to each business a certificate of
registration to practice professional engineering or offer the services of its
licensees in this State upon submittal of a proper application for registration
and payment of fees. The expiration date and renewal period for each
registration and renewal procedures shall be established by rule.
(e) In the event a managing agent is terminated or terminates his or her
status as
managing agent of the professional design firm, the managing agent and
professional design firm shall notify the Department of this fact in writing,
by certified mail, within 10 business days of such termination. Thereafter, the
professional design firm, if it has so informed the Department, shall have 30
days in which to notify the Department of the name and license number of a
newly designated managing agent. If a corporation, the corporation shall also
submit a certified copy of a resolution by the board of directors designating
the new managing agent. If a limited liability company, the company shall also
submit a certified copy of either its articles of organization or operating
agreement designating the new managing agent. The Department may, upon good
cause shown, extend the original 30 day period.
If the professional design firm has not notified the Department in writing,
by certified mail within the specified time, the registration shall be
terminated without prior hearing. Notification of termination shall be sent by
certified mail to the last known address of the business. If the professional
design firm continues to operate and offer professional engineering services
after the termination, the Department may seek prosecution under Sections 24,
39, and 40 of this Act for the unlicensed practice of professional
engineering.
(f) No professional design firm shall be relieved of responsibility for the
conduct or acts of its agent, employees, members, managers, or officers by
reason of its compliance with this Section, nor shall any individual practicing
professional engineering be relieved of the responsibility for professional
services performed by reason of the individual's employment or relationship
with a professional design firm registered under this Section.
(g) Disciplinary action against a professional design firm registered
under this Section shall be administered in the same manner and on the
same grounds as disciplinary action against a licensed professional
engineer. All disciplinary action taken or pending against a corporation or
partnership before the effective date of this amendatory Act of 1993 shall be
continued or remain in effect without the Department filing separate actions.
(Source: P.A. 91‑91, eff. 1‑1‑00; 91‑92, eff. 1‑1‑00; 92‑16, eff. 6‑28‑01.)
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(225 ILCS 325/24) (from Ch. 111, par. 5224)
(Section scheduled to be repealed on January 1, 2010)
Sec. 24.
Rules of professional conduct; disciplinary or
administrative
action.
(a) The Department shall adopt rules setting standards of professional
conduct and establish appropriate
penalty for the breach of such rules.
(a‑1) The Department may, singularly or in combination,
refuse to issue, restore, or renew a license or registration, revoke or
suspend a license or registration, or place on probation,
reprimand,
or
impose a civil penalty not to exceed $10,000 upon any person, corporation,
partnership, or professional design firm licensed or registered under
this Act for any one or combination of the following:
(1) Material misstatement in furnishing information | ||
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(2) Failure to comply with any provisions of this | ||
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(3) Conviction of any crime under the laws of the | ||
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(4) Making any misrepresentation for the purpose of | ||
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(5) Purposefully making false statements or signing | ||
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(6) Negligence, incompetence or misconduct in the | ||
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