There is a newer version of the Illinois Compiled Statutes
2005 Illinois Code - Chapter 225 Professions And Occupations 225 ILCS 70/ Nursing Home Administrators Licensing and Disciplinary Act.
(225 ILCS 70/1) (from Ch. 111, par. 3651)
(Section scheduled to be repealed on January 1, 2008)
Sec. 1.
This Act shall be known and may be cited as the
"Nursing Home Administrators Licensing and Disciplinary Act".
(Source: P.A. 85‑932.)
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(225 ILCS 70/2) (from Ch. 111, par. 3652)
(Section scheduled to be repealed on January 1, 2008)
Sec. 2.
The practice of nursing home administration in the State of
Illinois is hereby declared to affect the public health, safety and welfare
and to be subject to regulation and control in the public interest. It is
further declared to be a matter of public interest and concern that the
practice of nursing home administration as defined in this Act, merit and
receive the confidence of the public, that only qualified persons be
authorized to practice as nursing home administrators in the State of
Illinois. This Act shall be liberally construed to best carry out these
subjects and purposes.
(Source: P.A. 85‑932.)
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(225 ILCS 70/3) (from Ch. 111, par. 3653)
(Section scheduled to be repealed on January 1, 2008)
Sec. 3.
This Act does not prohibit:
1. Any person licensed in this State under any other Act from engaging
in the practice for which he or she is licensed;
2. The incidental care of the sick by members of the family, domestic
servants or housekeepers, or care of the sick where treatment is by prayer
or spiritual means;
3. Nothing in this Act or the rules and regulations requires an
applicant for a license as a nursing home administrator or a temporary
license to demonstrate proficiency in any medical techniques or to meet any
medical educational qualifications or medical standards not in accord with
the remedial care and treatment provided in such institutions, if that
applicant is employed by an institution conducted
by and for persons relying upon spiritual means through
prayer
alone for healing in accord with the tenets and practices of
a recognized church or
religious denomination for the care and treatment of the sick;
4. Nothing in this Act shall prohibit an individual not licensed under
this Act to serve as an assistant administrator so long as such assistant
administrator works under the supervision and full professional
responsibility of the nursing home administrator.
(Source: P.A. 89‑594, eff. 8‑1‑96.)
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(225 ILCS 70/4) (from Ch. 111, par. 3654)
(Section scheduled to be repealed on January 1, 2008)
Sec. 4.
Definitions.
For purposes of this Act, the following
definitions shall have the following meanings, except where the context
requires otherwise:
(1) "Act" means the Nursing Home Administrators | ||
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(2) "Department" means the Department of | ||
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(3) "Director" means the Director of Professional | ||
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(4) "Board" means the Nursing Home Administrators | ||
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(5) "Nursing home administrator" means the | ||
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(6) "Nursing home" or "facility" means any entity | ||
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(7) "Maintenance" means food, shelter and laundry.
(8) "Personal care" means assistance with meals, | ||
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(9) "Nursing" means professional nursing or | ||
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(10) "Disciplinary action" means revocation, | ||
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(11) "Impaired" means the inability to practice with | ||
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(Source: P.A. 90‑61, eff. 12‑30‑97; 90‑742, eff. 8‑13‑98.)
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(225 ILCS 70/5) (from Ch. 111, par. 3655)
(Section scheduled to be repealed on January 1, 2008)
Sec. 5.
Board.
(a) There is hereby created the Nursing Home Administrators
Licensing and Disciplinary Board. The Board shall consist of 9 members
appointed by the Governor. All shall be residents of the State of
Illinois. Three members shall be representatives of the general public.
Six members shall be nursing home administrators who for at least 5 years
prior to their appointments were licensed under this Act. The public
members shall have no responsibility for management or formation of policy
of, nor any financial interest in, nursing homes as defined in this Act,
nor any other connection with the profession. In appointing licensed
nursing home administrators, the Governor shall take into consideration the
recommendations of the nursing home professional associations.
(b) Members shall be appointed for a term of
4 years by the Governor. The Governor shall fill any vacancy
for the remainder of the unexpired term.
Any member of the Board may be removed by the Governor for cause. Each
member shall serve on the Board
until his or her successor is appointed and qualified. No member
of the Board shall serve more than 2 consecutive 4 year terms.
In making appointments the Governor shall attempt to
insure that the various geographic regions of the
State of Illinois are properly represented.
(c) The Board shall annually elect one of
its members as chairperson and one as vice chairperson. No officer shall be
elected more than twice
in succession to the same office. Each officer shall serve
until his or her successor has been elected and qualified.
(d) A majority of the Board members currently appointed shall constitute a
quorum. A vacancy in the membership of
the Board shall not impair the right of a
quorum to exercise all the rights and perform all the duties
of the Board.
(e) Each member and member‑officer of the
Board shall receive a per diem stipend as the
Director shall determine. Each member shall be paid their necessary
expenses while engaged in the performance of his or her duties.
(f) (Blank).
(g) (Blank).
(h) Members of the Board shall be immune
from suit in any action based upon any disciplinary
proceedings or other acts performed in good faith as members
of the Board.
(i) (Blank).
(j) The Director shall give due consideration to all recommendations of
the Board. If the Director disagrees with or takes action contrary to the
recommendation of the Board, he or she shall provide the Board with a written
and specific explanation of his or her action.
(Source: P.A. 89‑507, eff. 7‑1‑97; 90‑61, eff. 12‑30‑97.)
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(225 ILCS 70/5.1)
(Section scheduled to be repealed on January 1, 2008)
Sec. 5.1.
Powers and duties; rules.
The Department shall exercise the
powers and duties prescribed by
the Civil Administrative Code of Illinois for administration of licensing acts
and shall exercise such other powers and duties necessary for effectuating the
purposes of this Act. The Department shall adopt rules to implement,
interpret, or make specific the provisions and purposes of this Act and may
prescribe forms that shall be issued in connection with rulemaking. The
Department shall transmit the proposed rulemaking to the Board.
The Department may solicit the advice of the Board on any matter relating to
the administration and enforcement of this Act.
The Director shall employ, in conformity with the Personnel Code,
professional, technical, investigative, and clerical help on a
full‑time or
part‑time basis as necessary for the proper performance of its duties.
Upon the written request of the Department, the Department of Human
Services or the Department of State Police may cooperate and assist in
any investigation undertaken by the Board.
(Source: P.A. 90‑61, eff. 12‑30‑97.)
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(225 ILCS 70/6) (from Ch. 111, par. 3656)
(Section scheduled to be repealed on January 1, 2008)
Sec. 6.
Application procedure.
Applications for original licenses 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 refundable. The
application shall require information as in the judgment of the
Department will enable the Department to pass on the
qualifications of the
applicant for a license.
(Source: P.A. 90‑61, eff. 12‑30‑97.)
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(225 ILCS 70/6.5)
(Section scheduled to be repealed on January 1, 2008)
Sec. 6.5.
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 70/7) (from Ch. 111, par. 3657)
(Section scheduled to be repealed on January 1, 2008)
Sec. 7.
Examination.
The Department shall authorize examinations of
applicants as
nursing home administrators at such times and places as it may determine.
Examinations shall be held not less frequently than 2 times every year.
The examination of applicants shall be of a character to give a fair test
of the qualifications of the applicant to practice nursing home administration.
Applicants for examination as nursing home administrators 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 or
fails to pass an examination for a license under this Act within 3 years
after filing his or her licensure application, the application shall be
denied and the examination shall be void. However,
such applicant may thereafter make a new application for examination
accompanied by the required fee, and must furnish proof of meeting
qualifications for examination in effect at the time of new application.
An applicant shall have 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 again take and pass the examination.
The Department may employ consultants for the purpose of preparing and
conducting examinations.
(Source: P.A. 90‑61, eff. 12‑30‑97.)
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(225 ILCS 70/8) (from Ch. 111, par. 3658)
(Section scheduled to be repealed on January 1, 2008)
Sec. 8.
Qualifications for license.
A person is qualified to receive a
license as a nursing home administrator:
(a) who is at least 21 years of age,
(b) who has not engaged in conduct or behavior | ||
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(c) who is in sound physical and mental health,
(d) (blank),
(e) who is a graduate of a college or university | ||
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(f) who passes a written examination conducted by | ||
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(g) who pays the required fee.
(Source: P.A. 89‑387, eff. 8‑20‑95; 90‑61, eff. 12‑30‑97.)
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(225 ILCS 70/9) (from Ch. 111, par. 3659)
(Section scheduled to be repealed on January 1, 2008)
Sec. 9.
Temporary license without examination.
The Department may in its
discretion issue without
examination a temporary license as a nursing home administrator to any
applicant who furnishes the Department with satisfactory proof under oath,
on forms prescribed by the Department, that he or she:
(a) is at least 21
years of
age,
(b) has not engaged in conduct or behavior | ||
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(c) is in sound physical and mental health,
(d) (blank),
(e) is a graduate of a college or university deemed | ||
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(f) has been accepted or appointed as a nursing home | ||
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(g) pays the required fee.
The applicant shall indicate the beginning date
of
the period for which he or she has been accepted or appointed and
shall
specify
the particular facility in which he or she will serve as administrator.
After receiving a temporary license under this Section, the holder of a
temporary license shall take the examination for a
license under this Act
that is scheduled to be given before his or her temporary license
expires.
The temporary license of an individual who passes the examination
shall be valid until he or she applies for and receives a license under Section
7 of this Act.
Temporary licenses issued pursuant to this Section shall be valid only for a
period of one year from date of issuance. A temporary license issued under
this Section may be extended only for one additional one‑year period if the
applicant took the examination
during the period of his or her temporary license. The applicant shall retake
the examination prior to the expiration of the extended temporary license. The
holder of a temporary license shall be
entitled to serve as a nursing home administrator in the particular
facility indicated on his or her application, but he or she shall not
be entitled to
engage in the practice of nursing home administration in any other facility
without first applying to the Department and having been granted an amended
temporary license designating a different facility.
Upon the termination of his or her service or the lapse or revocation of
his or her
license,
whichever is sooner, the holder of a temporary license shall surrender it
to the Department.
A temporary license may be revoked by the Department upon proof that the
holder has engaged in the practice of nursing home administration in this
State in a facility not named on his or her application.
An applicant for a temporary license as a nursing home administrator may
act as a nursing home administrator for a period of up to 60 days prior to
the issuance of a license if the applicant has submitted the required fee
and an application for licensure to the Department. This 60‑day period may
be extended until the next Board meeting if action by the Board is
required. The applicant shall
keep a copy of the submitted application on the premises where the
applicant is engaged in the practice as a nursing home administrator.
The authority to practice shall terminate immediately upon the denial of
licensure by the Department or the withdrawal of the application.
(Source: P.A. 89‑197, eff. 7‑21‑95; 90‑61, eff. 12‑30‑97.)
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(225 ILCS 70/10) (from Ch. 111, par. 3660)
(Section scheduled to be repealed on January 1, 2008)
Sec. 10.
License requirement.
It shall be unlawful for any person to
operate or manage a
nursing home in the State of Illinois unless he or she is licensed as a
nursing
home administrator in accordance with this Act.
The practice of nursing home administration, or the use of the title
"Licensed Nursing Home Administrator", the initials "N.H.A." or any other
word or abbreviation indicating that he or she is a nursing home
administrator, by
any person who has not been issued a license or whose license has been
suspended or revoked is hereby declared to be inimical to public health and
welfare and to constitute a public nuisance.
Nothing in this Act or in the rules adopted hereunder shall require an
administrator of any facility or institution operated solely by and for persons
who
rely exclusively upon treatment by spiritual means through prayer alone, in
accordance with the creed or tenets of any well‑recognized church or
religious denomination, to be licensed as a nursing home administrator.
(Source: P.A. 90‑61, eff. 12‑30‑97.)
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(225 ILCS 70/10.5)
(Section scheduled to be repealed on January 1, 2008)
Sec. 10.5.
Unlicensed practice; violation; civil penalty.
(a) Any person who practices, offers to practice, attempts to practice, or
holds oneself out to practice as a nursing home administrator 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 70/11) (from Ch. 111, par. 3661)
(Section scheduled to be repealed on January 1, 2008)
Sec. 11.
Expiration; renewal; continuing education.
The expiration date
and renewal period for each license
issued under this Act shall be set by rule.
Each licensee shall provide proof of having obtained 36 hours of
continuing education in the 2 year period preceding the renewal date of the
license as a condition of license renewal. The continuing education
requirement may be waived in part or in whole for such good cause as may be
determined by rule.
Any continuing education course for nursing home administrators approved
by the National Continuing Education Review Service of the National
Association of Boards of Examiners of Nursing Home Administrators will be
accepted toward satisfaction of these requirements.
Any continuing education course for nursing home administrators sponsored
by the Life Services Network of Illinois, Illinois Council on
Long Term Care, County Nursing Home Association of Illinois, Illinois Health
Care Association, Illinois Chapter of American College of Health Care
Administrators, and the Illinois Nursing Home Administrators Association
will be accepted toward satisfaction of these requirements.
Any school, college or university, State agency, or other entity may
apply to the Department for approval as a continuing education
sponsor.
Criteria for qualification as a continuing education sponsor shall be
established by rule.
It shall be the responsibility of each continuing education sponsor to
maintain records, as prescribed by rule, to verify attendance.
The Department shall establish by rule a means for the verification of
completion of the continuing education required by this Section. This
verification may be accomplished through audits of records maintained by
registrants; by requiring the filing of continuing education certificates
with the Department; or by other means
established by the Department.
Any nursing home administrator who has permitted his or her license to
expire or
who has had his or her license on inactive status may have his or her
license restored by
making application to the Department and filing proof acceptable to the
Department of his or her fitness to have his or her license restored
and by paying the
required fee. Proof of fitness may include evidence certifying to active
lawful practice in another jurisdiction satisfactory to the Department and
by paying the required restoration fee.
However, any nursing home administrator whose license expired while he or
she
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 services, may have his or her
license
renewed or restored without paying any lapsed renewal fees if within 2
years after honorable termination of such service, training or education,
he or she furnishes the Department with satisfactory evidence to the effect
that
he or she has been so engaged and that his or her service, training or
education has been
so terminated.
(Source: P.A. 90‑61, eff. 12‑30‑97.)
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(225 ILCS 70/12) (from Ch. 111, par. 3662)
(Section scheduled to be repealed on January 1, 2008)
Sec. 12.
Inactive status.
Any nursing home administrator 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 and the
completion of continuing education requirements until he or she
notifies the Department in writing of his or her intent to restore his or
her license.
Any nursing home administrator requesting restoration from inactive
status shall be required to pay the current renewal fee and shall be
required to restore his or her license, as provided by rule of the
Department.
Any nursing home administrator whose license is in an inactive status
shall not practice as a nursing home administrator in the State of Illinois.
Any licensee who shall practice as a nursing home administrator while his
or her
license is lapsed or on inactive status shall be considered to be
practicing without a license which shall be grounds for discipline under
Section 17 of this Act.
(Source: P.A. 90‑61, eff. 12‑30‑97.)
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(225 ILCS 70/13) (from Ch. 111, par. 3663)
(Section scheduled to be repealed on January 1, 2008)
Sec. 13.
Endorsement.
The Department may, in its discretion, license as a
nursing
home administrator, without examination, on payment of the required fee, an
applicant who is so licensed under the laws of another U.S. jurisdiction,
if the requirements for licensure in the other jurisdiction in which the
applicant was licensed were, at the date of his or her licensure,
substantially
equivalent to the requirements then in force in this State; or if the
applicant's qualifications were, at the date of his or her licensure in the
other
jurisdiction, substantially equivalent to the requirements then in force
in this State.
Notwithstanding the provisions of this Section, all applicants seeking
licensure under this Section shall be required to take and pass an
examination testing the applicant's knowledge of Illinois law relating to
the practice of nursing home administration.
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 shall be forfeited, and the
applicant must
reapply and meet the requirements in effect at the time of reapplication.
(Source: P.A. 90‑61, eff. 12‑30‑97.)
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(225 ILCS 70/14) (from Ch. 111, par. 3664)
(Section scheduled to be repealed on January 1, 2008)
Sec. 14.
Fees.
(a) Except as provided in subsection (b), the fees for the administration
and enforcement of this Act, including but not limited to original licensure,
renewal, and restoration fees, shall be set by rule of the Department.
The fees shall not be refundable.
(b) Applicants for any examination
shall be required to pay,
either to the Department or to the designated testing service, a fee
covering the cost of determining the applicant's eligibility and providing
the examination. Failure to appear for the examination on the scheduled
date, 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.
(Source: P.A. 90‑61, eff. 12‑30‑97.)
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(225 ILCS 70/14.1)
(Section scheduled to be repealed on January 1, 2008)
Sec. 14.1.
Deposit of fees and fines.
All of the fees
and
fines collected under this Act shall be deposited into the General Professions
Dedicated Fund.
(Source: P.A. 88‑91; 88‑683, eff. 1‑24‑95.)
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(225 ILCS 70/15) (from Ch. 111, par. 3665)
(Section scheduled to be repealed on January 1, 2008)
Sec. 15.
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 deny
the application, without hearing. If, after termination or denial, the
person seeks a license, he or she shall apply to the
Department for restoration or issuance of the license 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 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 70/16) (from Ch. 111, par. 3666)
(Section scheduled to be repealed on January 1, 2008)
Sec. 16.
The Department shall maintain a roster of the names and
addresses of all licensees and of all persons whose licenses have been
suspended or revoked. This roster shall be available upon written request
and payment of the required fee.
(Source: P.A. 85‑932.)
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(225 ILCS 70/17) (from Ch. 111, par. 3667)
(Section scheduled to be repealed on January 1, 2008)
Sec. 17.
Grounds for disciplinary action.
(a) The Department may impose fines not to exceed $1,000, or may
refuse to issue or to renew, or may revoke, suspend, place on probation,
censure, reprimand or take other disciplinary action with regard to the
license of any person, for any one or combination
of the following causes:
(1) Intentional material misstatement in furnishing | ||
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(2) Conviction of any crime under the laws of the | ||
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(3) Making any misrepresentation for the purpose of | ||
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(4) Immoral conduct in the commission of any act, | ||
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(5) Failing to respond within 60 days, to a written | ||
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(6) Engaging in dishonorable, unethical or | ||
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(7) Habitual use or addiction to alcohol, narcotics, | ||
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(8) Discipline by another U.S. jurisdiction if at | ||
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(9) A finding by the Department that the licensee, | ||
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(10) Willfully making or filing false records or | ||
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(11) Physical illness, including but not limited to, | ||
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(12) Disregard or violation of this Act or of any | ||
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(13) Aiding or abetting another in the violation of | ||
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(14) Allowing one's license to be used by an | ||
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(15) Conviction of any crime an essential element of | ||
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(16) Professional incompetence in the practice of | ||
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(17) Conviction of a violation of Section 12‑19 of | ||
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(18) Violation of the Nursing Home Care Act or of | ||
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All proceedings to suspend, revoke, place on
probationary status, or take any other disciplinary action
as the Department may deem proper, with regard to a license
on any of the foregoing grounds, must be commenced within
3 years next after receipt by the Department of (i) a
complaint
alleging the commission of or notice of the conviction order
for any of the acts described herein or (ii) a referral for investigation
under
Section 3‑108 of the Nursing Home Care Act.
The entry of an order or judgment by any circuit court establishing that
any person holding a license under this Act is a person in need of mental
treatment operates as a suspension of that license. That person may resume
their practice only upon the entry of a Department order based upon a
finding by the Board that they have been determined to
be recovered from mental illness by the court and upon the
Board's recommendation that they be permitted to resume their practice.
The Department, upon the recommendation of the
Board, shall adopt rules which set forth
standards to be used in determining what constitutes:
(a) when a person will be deemed sufficiently | ||
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(b) dishonorable, unethical or unprofessional | ||
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(c) immoral conduct in the commission of any act | ||
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(d) professional incompetence in the practice of | ||
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However, no such rule shall be admissible into evidence
in any civil action except for review of a licensing or
other disciplinary action under this Act.
In enforcing this Section, the Department or Board, upon a showing of a
possible
violation,
may compel any individual licensed to practice under this
Act, or who has applied for licensure
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 physician or physicians shall
be those specifically designated by the Department or Board.
The Department or Board may order the examining physician to present
testimony
concerning this mental or physical examination of the licensee or applicant. No
information shall be excluded by reason of any common law or statutory
privilege relating to communications between the licensee or applicant and the
examining physician.
The individual 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
individual to submit to mental or physical examination, when
directed, shall be grounds for suspension of his or her
license until such time as the individual submits to the
examination if the Department finds, after notice
and hearing, that the refusal to submit to the examination
was without reasonable cause.
If the Department or Board
finds an individual unable to practice
because of the reasons
set forth in this Section, the Department or Board shall
require such individual to submit to care, counseling, or
treatment by physicians approved or designated by the
Department or Board, as a condition, term, or restriction for
continued,
reinstated, or renewed licensure to practice; or in lieu of care, counseling,
or
treatment, the Department may file, or the Board may recommend to the
Department to
file, a complaint to
immediately suspend, revoke, or otherwise discipline the license of the
individual.
Any individual whose license was granted pursuant to
this Act or continued, reinstated, renewed,
disciplined or supervised, subject to such terms, conditions
or restrictions who shall fail to comply with such terms,
conditions or restrictions
shall be referred to the Director for a
determination as to whether the licensee shall have his or her
license suspended immediately, pending a hearing by the
Department. In instances in which the Director
immediately suspends a license under this Section, a hearing
upon such person's license must be convened by the
Board within 15 days after such suspension and
completed without appreciable delay. The Department and Board
shall have the authority to review the subject administrator's
record of treatment and counseling regarding the impairment,
to the extent permitted by applicable federal statutes and
regulations safeguarding the confidentiality of medical records.
An individual licensed under this Act, affected under
this Section, shall be afforded an opportunity to
demonstrate to the Department or Board that he or she can
resume
practice in compliance with acceptable and prevailing
standards under the provisions of his or her license.
(b) Any individual or
organization acting in good faith, and not in a wilful and
wanton manner, in complying with this Act by providing any
report or other information to the Department, or
assisting in the investigation or preparation of such
information, or by participating in proceedings of the
Department, or by serving as a member of the
Board, shall not, as a result of such actions,
be subject to criminal prosecution or civil damages.
(c) Members of the Board, and persons
retained under contract to assist and advise in an investigation,
shall be indemnified by the State for any actions
occurring within the scope of services on or for the Board, done in good
faith
and not wilful and wanton in
nature. The Attorney General shall defend all such actions
unless he or she determines either that there would be a
conflict of interest in such representation or that the
actions complained of were not in good faith or were wilful and wanton.
Should the Attorney General decline representation,
a person entitled to indemnification under this Section shall have the
right to employ counsel of his or her
choice, whose fees shall be provided by the State, after
approval by the Attorney General, unless there is a
determination by a court that the member's actions were not
in good faith or were wilful and wanton.
A person entitled to indemnification under this
Section must notify the Attorney General within 7
days of receipt of notice of the initiation of any action
involving services of the Board. Failure to so
notify the Attorney General shall constitute an absolute
waiver of the right to a defense and indemnification.
The Attorney General shall determine within 7 days
after receiving such notice, whether he or she will undertake to represent
a
person entitled to indemnification under this Section.
(d) 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 amended, operates as an
automatic suspension. Such suspension will end only upon a finding by a
court that the patient is no longer subject to involuntary admission or
judicial admission and issues 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.
(e) The Department may refuse to issue or may suspend the license of
any person who fails to file a return, or to pay the tax, penalty or
interest shown in a filed return, or to pay any final assessment of tax,
penalty or interest, as required by any tax Act administered by the Department of Revenue, until such time as the requirements of any
such tax Act are satisfied.
(f) The Department of Public Health shall transmit to the
Department a list of those facilities which receive an "A" violation as
defined in Section 1‑129 of the Nursing Home Care Act.
(Source: P.A. 89‑197, eff. 7‑21‑95; 90‑61, eff. 12‑30‑97.)
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(225 ILCS 70/18) (from Ch. 111, par. 3668)
(Section scheduled to be repealed on January 1, 2008)
Sec. 18.
Cease and desist order.
(a) If any person who is not a licensed nursing home administrator
violates a provision of this Act, the
Director may, in the name of the People of the State of Illinois, through
the Attorney General of the State of Illinois or the State's Attorney of
any county in which the action is brought, petition for an order enjoining
such violation or for an order enforcing compliance with this Act. Upon
the filing of a verified petition in 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 nursing home administrator or hold
himself or herself out as a nursing home administrator without being
licensed under
the provisions of this Act, then any licensed nursing home administrator,
any interested party, or any person injured thereby may, in addition to the
Director, petition for relief as provided in subsection (a) of this Section.
Whoever knowingly practices or offers to practice nursing home
administration in this State without being licensed for that purpose shall
be guilty of a Class A misdemeanor and for each subsequent conviction
shall be guilty of a Class 4 felony.
(c) Whenever in the opinion of the Department any person not licensed in
good standing 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 or her. The rule shall clearly set forth the grounds relied
upon by
the Department and shall provide a period of 7 working 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. 90‑61, eff. 12‑30‑97.)
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(225 ILCS 70/19) (from Ch. 111, par. 3669)
(Section scheduled to be repealed on January 1, 2008)
Sec. 19.
Investigation; hearing notification.
Upon the motion of either
the Department
or the Board or upon the verified complaint in
writing of any person setting forth facts that, if proven,
would constitute grounds for suspension or revocation under
Section 17 of this Act, the Department shall investigate the
actions of any person, so accused, who holds or represents
that he or she holds a license. Such a person
is hereinafter called
the accused.
The Department shall, before suspending, revoking,
placing on probationary status, or taking any other
disciplinary action as the Department may deem proper with
regard to any license at least 30 days prior to the date set
for the hearing, notify the accused in writing of any
charges made and the time and place for a hearing of the
charges before the Board, direct them to file
their written answer to such notice to the Board under
oath within 30 days after the service on them of such notice
and inform them that if they fail to file such answer
default will be taken against them and their license may be
suspended, revoked, placed on probationary status, or have
other disciplinary action, including limiting the scope,
nature or extent of their practice, as the Department may
deem proper taken with regard thereto.
Such written notice and any notice in such proceedings
thereafter may be served by delivery of the same,
personally, to the accused, or by mailing the same by
registered or certified mail to the address
specified by the accused in their last notification to the Department.
(Source: P.A. 90‑61, eff. 12‑30‑97.)
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(225 ILCS 70/20) (from Ch. 111, par. 3670)
(Section scheduled to be repealed on January 1, 2008)
Sec. 20.
Board hearing; recommendation.
At the time and place fixed in
the
notice, the Board
shall proceed to hear the charges and both the accused
person and the complainant shall be accorded ample
opportunity to present in person, or by counsel, such
statements, testimony, evidence and argument as may be
pertinent to the charges or to any defense thereto. The
Board may continue such hearing from time to
time. If the Board is not sitting at the time
and place fixed in the notice or at the time and place to
which the hearing has been continued, the Department shall
continue such hearing for a period not to exceed 30 days.
In case the accused person, after receiving notice,
fails to file an answer, the Board may recommend that his or her license
be suspended, revoked or placed on probationary status, or the Board
may recommend whatever disciplinary action as it may deem
proper, without a hearing, if the act or acts charged constitute sufficient
grounds for such action under this Act.
The Board has the authority to recommend
to the Director that probation be granted or that other
disciplinary action be taken as it
deems proper. If disciplinary action, other than suspension
or revocation, is taken the Board may recommend
that the Director impose reasonable limitations and
requirements upon the accused to insure
compliance with the terms of the probation or other
disciplinary action, including but not limited to regular
reporting by the accused to the Department of their actions,
placing themselves under the care of a qualified physician
for treatment, or limiting their practice in such manner as
the Director may require.
(Source: P.A. 90‑61, eff. 12‑30‑97.)
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(225 ILCS 70/20.1)
(Section scheduled to be repealed on January 1, 2008)
Sec. 20.1.
Summary suspension.
The Director
may summarily
suspend the license of a nursing home administrator without a hearing,
simultaneously with the institution of proceedings for a
hearing provided under this Section if the Director finds
that evidence in his or her possession indicates that an
administrator's continuation in practice would constitute an
immediate danger to the public.
If the Director summarily suspends the license of an administrator without a
hearing, a hearing shall
be held within 30 days after the suspension has occurred.
(Source: P.A. 90‑61, eff. 12‑30‑97.)
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(225 ILCS 70/21) (from Ch. 111, par. 3671)
(Section scheduled to be repealed on January 1, 2008)
Sec. 21.
Appointment of hearing officer.
The Director shall have the
authority to
appoint an attorney duly licensed to practice law in the
State of Illinois to serve as the hearing officer in any
action for refusal to issue, renew, or discipline a license.
The hearing officer shall have full authority to conduct the
hearing. There shall be present at least one member of the Board at any
such hearing. The hearing officer shall report his or her findings of
fact, conclusions of law, and
recommendations to the Board. The Board shall
have 60 days after receipt of the report to review the
report
of the hearing officer and present its findings of fact,
conclusions of law, and recommendations to the Director.
If the Board fails to present its report within the 60 day period,
the
Director may issue an order based on the report of the hearing officer.
However, if the Board does present its report within the specified 60 days,
the Director's order shall be based upon the report of the Board.
If the Director disagrees with the recommendation of the Board or the hearing
officer, the Director may issue an order in contravention of the Board's
report. The Director shall promptly provide a written explanation to the Board
on any such disagreement.
(Source: P.A. 90‑61, eff. 12‑30‑97.)
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(225 ILCS 70/22) (from Ch. 111, par. 3672)
(Section scheduled to be repealed on January 1, 2008)
Sec. 22.
Subpoena power.
The Board or 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 is prescribed by law for judicial proceedings in civil cases.
The Department, upon a determination that
probable cause exists that a violation of one or more of the
grounds for discipline listed in Section 17 has occurred or
is occurring, may subpoena the records
of an individual licensed under this
Act provided that prior to the submission of such records
to the Board, all information indicating the
identity of any resident shall be removed and deleted. The
use of such records shall be restricted to members of the
Board and
appropriate staff of the Department for the
purpose of determining the existence of one or more grounds
for discipline of the nursing home administrator as provided for by Section
17 of this Act. Any such review of individual residents'
records shall be conducted by the Board in
strict confidentiality, provided that such resident records
shall be admissible in a disciplinary hearing, before the
Department, when necessary to substantiate the
grounds for discipline alleged against the administrator
licensed under this Act, and provided further that nothing
herein shall be deemed to supersede the provisions of Part
21 of Article VIII of the Code of Civil Procedure, as now
or hereafter amended, to the extent applicable.
The Director, the designated hearing officer, and any member of the Board have the power to administer oaths at any hearing that the Department is authorized to conduct and any other
oaths authorized in an Act administered by the Department.
(Source: P.A. 90‑61, eff. 12‑30‑97.)
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(225 ILCS 70/23) (from Ch. 111, par. 3673)
(Section scheduled to be repealed on January 1, 2008)
Sec. 23.
Record of proceedings.
The
Department, at its expense, shall preserve a record of all proceedings at any
formal hearing
of any
case. The notice of hearing, complaint, 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 such 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. 90‑61, eff. 12‑30‑97; 91‑239, eff. 1‑1‑00.)
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(225 ILCS 70/24) (from Ch. 111, par. 3674)
(Section scheduled to be repealed on January 1, 2008)
Sec. 24.
Motion for rehearing.
The Board shall present to
the Director a written report of its findings and
recommendations. A copy of such report shall be served upon
the accused person, either personally or by
certified mail. Within 20 days after such service, the
accused person may present to the Department a motion,
in writing, for a rehearing, which shall
specify the particular grounds for rehearing. If the
accused
person orders and pays for a transcript of the record as
provided in Section 23, the time elapsing thereafter and
before such transcript is ready for delivery to them shall
not be counted as part of such 30 days.
(Source: P.A. 90‑61, eff. 12‑30‑97.)
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(225 ILCS 70/24.1)
(Section scheduled to be repealed on January 1, 2008)
Sec. 24.1.
Surrender of license; record; list of disciplinees.
Upon the suspension,
revocation, placement on probationary status, or the taking
of any other disciplinary action deemed
proper by the Board with regard to a license, the accused shall
surrender his or her license to the Department, if ordered to do
so by the Department, and upon his or her failure or refusal
to do so, the Department may seize the license.
Each order of revocation, suspension, or
other disciplinary action shall contain a brief, concise
statement of the ground or grounds upon which the
Department's action is based, as well as the specific terms
and conditions of such action. This document shall be
retained as a permanent record by the Board and the Director.
The Department shall at least annually publish a list
of the names of all persons disciplined under this Act in
the preceding 12 months. Such lists shall be mailed by the
Department to any person in the State upon request.
In those instances where an order of revocation,
suspension, or other disciplinary action has been rendered
by virtue of a nursing home administrator's physical illness, including but
not limited to deterioration through the aging process, or
loss of motor skill that results in an inability
to practice with reasonable judgment, skill, or
safety, the Department shall only permit this document, and
the record of the hearing incident thereto, to be observed,
inspected, viewed, or copied pursuant to court order.
(Source: P.A. 90‑61, eff. 12‑30‑97.)
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(225 ILCS 70/25) (from Ch. 111, par. 3675)
(Section scheduled to be repealed on January 1, 2008)
Sec. 25.
Administrative review; certification of record.
All final
administrative decisions of the
Department are subject to judicial review pursuant to the Administrative Review
Law 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; but if the party is not a
resident of this State, the venue shall be in Sangamon County.
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.
Exhibits shall be certified without cost. Failure on the
part of the plaintiff to file a receipt in court shall be
grounds for dismissal of the action. During the pendency
and hearing of any and all judicial proceedings incident to
a disciplinary action the sanctions imposed upon the
accused by the Department shall remain in full force and effect.
(Source: P.A. 87‑1031.)
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(225 ILCS 70/26) (from Ch. 111, par. 3676)
(Section scheduled to be repealed on January 1, 2008)
Sec. 26.
An order of revocation, suspension, placing the license on
probationary status, or other formal
disciplinary action as the Department may deem proper, or a
certified copy thereof, over the seal of the Department and
purporting to be signed by the Director, is prima facie proof that:
(a) Such signature is the genuine signature of the Director;
(b) The Director is duly appointed and qualified; and
(c) The Board and the members thereof are qualified.
Such proof may be rebutted.
(Source: P.A. 85‑932.)
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(225 ILCS 70/27) (from Ch. 111, par. 3677)
(Section scheduled to be repealed on January 1, 2008)
Sec. 27.
At any time after the suspension,
revocation, placing on probationary status, or taking
disciplinary action with regard to any license, the
Department may restore it to the accused person, or take any
other action to reinstate the license to good standing,
without examination, upon the written recommendation of the Board.
(Source: P.A. 85‑932.)
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(225 ILCS 70/28) (from Ch. 111, par. 3678)
(Section scheduled to be repealed on January 1, 2008)
Sec. 28.
Rehearing on order of Director.
Whenever the Director believes
justice has
not been done in the refusal to issue or renew a license or revocation,
suspension, or discipline of a license, he or she may order a rehearing.
(Source: P.A. 90‑61, eff. 12‑30‑97.)
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(225 ILCS 70/29) (from Ch. 111, par. 3679)
(Section scheduled to be repealed on January 1, 2008)
Sec. 29.
In all hearings conducted under this Act,
information received, pursuant to law, relating to any information
acquired by a Nursing Home Administrator pertaining to any resident
in a professional character, necessary to enable them
professionally to serve such resident, shall be deemed
strictly confidential and shall only be made available
either as part of the record of such hearing or otherwise:
(a) when such record is required, in its entirety, for
purposes of judicial review pursuant to this Act; or (b)
upon the express, written consent of the resident, or in the
case of their death or disability, of their personal representative.
(Source: P.A. 85‑932.)
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(225 ILCS 70/30) (from Ch. 111, par. 3680)
(Section scheduled to be repealed on January 1, 2008)
Sec. 30.
In the event that the Department's order of revocation,
suspension, placing the licensee on
probationary status, or other order of formal disciplinary
action is without any reasonable basis,
then the State of Illinois shall be liable to the injured
administrator for those special damages they have suffered as a
direct result of such order.
(Source: P.A. 85‑932.)
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(225 ILCS 70/31) (from Ch. 111, par. 3681)
(Section scheduled to be repealed on January 1, 2008)
Sec. 31.
Any person who employs fraud or deception in
applying for or securing a license under this Act, or in
passing any examination therefor, shall be guilty of a
Class A misdemeanor. Any person who employs fraud or
misrepresentation in applying for, or procuring, a license
under this Act or in connection with applying for renewal of
a license under this Act, or cheating on or attempting to
subvert the licensing examinations administered under this
Act, shall be guilty of a Class A misdemeanor.
(Source: P.A. 85‑932.)
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(225 ILCS 70/32) (from Ch. 111, par. 3682)
(Section scheduled to be repealed on January 1, 2008)
Sec. 32.
At any time after the suspension or revocation of any
license, the Department may, upon the recommendation of the
Board, restore it to the accused person, unless after
an investigation and a hearing, the Department determines upon the
recommendation of the Board that restoration
is not in the public interest.
(Source: P.A. 85‑932.)
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(225 ILCS 70/33) (from Ch. 111, par. 3683)
(Section scheduled to be repealed on January 1, 2008)
Sec. 33.
Upon the revocation or suspension of any license, the licensee
shall forthwith surrender the license to the Department and if the licensee
fails to do so, the Department shall have the right to seize the license.
(Source: P.A. 85‑932.)
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(225 ILCS 70/34) (from Ch. 111, par. 3684)
(Section scheduled to be repealed on January 1, 2008)
Sec. 34.
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. 85‑932.)
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(225 ILCS 70/35) (from Ch. 111, par. 3685)
(Section scheduled to be repealed on January 1, 2008)
Sec. 35.
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 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 70/36) (from Ch. 111, par. 3686)
(Section scheduled to be repealed on January 1, 2008)
Sec. 36.
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. 85‑932.)
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(225 ILCS 70/37) (from Ch. 111, par. 3687)
Sec. 37.
(Repealed).
(Source: P.A. 85‑932. Repealed by P.A. 90‑61, eff. 12‑30‑97.)
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