There is a newer version of the Illinois Compiled Statutes
2005 Illinois Code - Chapter 225 Professions And Occupations 225 ILCS 216/ Fire Equipment Distributor and Employee Regulation Act of 2000.
(225 ILCS 216/1)
(Section scheduled to be repealed on January 1, 2011)
Sec. 1.
Short title.
This Act may be cited as the Fire
Equipment Distributor and
Employee Regulation Act of 2000.
(Source: P.A. 91‑835, eff. 6‑16‑00.)
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(225 ILCS 216/5)
(Section scheduled to be repealed on January 1, 2011)
Sec. 5.
Definitions.
As used in this Act:
(a) "Employee" means a licensee
or a person who is currently employed by a distributor licensed under this
Act whose full or part‑time duties include servicing, recharging,
hydro‑testing, installing, maintaining, or inspecting all types of fire
extinguishing devices or systems, other than water sprinkler systems.
(b) "Board" means the Fire Equipment Distributor and Employee
Advisory Board.
(c) "Person" means a natural person or any company, corporation, or other
business entity.
(d) "Fire equipment distributor" means any person, company or
corporation that services, recharges, hydro‑tests, inspects, installs,
maintains, alters, repairs, replaces, or services fire extinguishing devices
or systems, other than water sprinkler systems, for customers, clients, or
other third parties. "Fire equipment distributor" does not include a person,
company, or corporation employing 2,000 or more employees within the State
of Illinois that engages in these activities incidental to its own business.
(e) "Public member" means a person who is not a licensee or a relative
of a licensee, or who is not an employer or employee of a licensee.
The term "relative" shall be determined by rules of the State Fire Marshal.
(f) "Residency" means an actual domicile in Illinois for a period of not
less than one year.
(g) "Inspection" means a determination that a fire extinguisher is
available in its designated place and has not been actuated or tampered
with. "Inspection" does not include the inspection that may be performed by
the building owner, tenant, or insurance representative.
(h) "Maintenance" means a determination that an extinguisher will
operate effectively and safely. It includes a thorough examination and any
necessary repair or replacement. It also includes checking the date of
manufacture or last hydrostatic test to see if internal inspection of the
cylinder or hydrostatic testing is necessary, and checking for cuts, bulges,
dents, abrasions, corrosion, condition of paint, shell hanger attachment,
maintenance of nameplate, weight of contents, pressure gauge, valve,
removal of pull pin, discharge nozzle, hose assembly, and operating
instructions.
(Source: P.A. 91‑835, eff. 6‑16‑00.)
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(225 ILCS 216/10)
(Section scheduled to be repealed on January 1, 2011)
Sec. 10.
License requirement; injunction.
No person shall act as a fire
equipment distributor or employee, or
advertise or
assume to act as such, or use any title implying that such person
is engaged in such practice or occupation unless licensed by the State Fire
Marshal.
No firm, association, or corporation shall act as an
agency licensed under this Act, or advertise or assume to act as such,
or use any title implying that the firm, association, or corporation
is engaged in such practice, unless licensed by the State Fire Marshal.
The State Fire Marshal, in the name of the People and through the Attorney
General, the
State's Attorney of any county, any resident of the State, or any legal
entity within the State may apply for injunctive relief in any court to enjoin
any person who has not been issued a license or whose license
has been suspended, revoked, or not renewed from practicing
a licensed activity, and upon the filing of a verified petition,
the court, if satisfied by affidavit or otherwise, that such person
is or has been practicing in violation
of this Act may enter a temporary restraining order
or preliminary injunction, without bond, enjoining
the defendant from such further activity. A copy of the verified complaint
shall be served upon the defendant and the proceedings shall thereafter
be conducted as in other civil cases. If it is established that
the defendant
has been or is practicing in violation of this Act, the court may enter
a judgment perpetually enjoining the defendant
from such further activity.
In case of violation of any injunctive order or judgment entered under the
provisions of this
Section, the court may summarily try and punish the
offender for contempt of court. Such injunctive proceeding shall be in
addition to all penalties and other remedies in this Act.
The State Fire Marshal may refuse to issue a license to, or may suspend the
license
of, any person who fails to file a return, to pay the tax, penalty, or
interest shown in a filed return, or to pay any final assessment of tax,
penalty, or interest, as required by any tax Act administered by the
Illinois Department of Revenue, until such time as the requirements of any such
tax Act are satisfied.
(Source: P.A. 91‑835, eff. 6‑16‑00.)
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(225 ILCS 216/15)
(Section scheduled to be repealed on January 1, 2011)
Sec. 15.
Exemptions.
(a) This Act shall not apply to an officer or employee of this
State or the fire department or fire protection district of any political
subdivision of this State while such officer or employee is engaged in the
performance of his official duties within the course and scope of his
employment with this State, or any political subdivision. However, any such
person who offers his services as
a private fire equipment distributor or employee, or any title where
similar services are performed for compensation, fee, or other valuable
consideration, whether received directly or indirectly, shall be subject to
this Act and its licensing requirements.
(b) Any person who engages in hydrostatic testing of fire
equipment but does not service, recharge, install, maintain, or inspect
such equipment shall not be required to be licensed under this Act.
(Source: P.A. 91‑835, eff. 6‑16‑00.)
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(225 ILCS 216/20)
(Section scheduled to be repealed on January 1, 2011)
Sec. 20.
Deposit of fees.
All fees collected pursuant to this Act shall be
deposited into the Fire Prevention Fund.
(Source: P.A. 91‑835, eff. 6‑16‑00.)
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(225 ILCS 216/25)
(Section scheduled to be repealed on January 1, 2011)
Sec. 25.
Fire Equipment Distributor and Employee Advisory Board.
There
is created the Fire Equipment Distributor and Employee Advisory Board
consisting of 9 members to be appointed by the State Fire Marshal as soon
as practicable after the effective date of this Act.
Two of the members shall possess at least a Class A Fire
Distributor License, 2 shall possess at least a Class B Fire Distributor
License, 2 shall possess at least a Class C Fire Distributor License, 2
shall be representatives of the active fire prevention services who are not
licensed under this Act, and one shall be a public member who is
not licensed under this Act or a similar Act of another jurisdiction and
who has no connection with any business licensed under this Act. The State
Fire Marshal shall be an ex officio member of the Board. Each member
shall be a resident of Illinois.
Each appointment
to the Board shall have a minimum of 5 years experience as a licensee in
the field in which the person is licensed, be an officer in a licensed
fire equipment distributor company, and be actively engaged in the fire
equipment business. In making Board appointments, the State Fire Marshal
shall give consideration to the recommendations by members of the profession
and by organizations therein. The membership shall reasonably reflect
representation from geographic areas in this State.
Each Board member shall serve for a term of 4 years and until his or her
successor
is appointed and qualified. However, in making initial appointments, one
member shall be appointed to serve for one year, 2 shall be appointed to serve
for 2 years, 2 shall be appointed to serve for 3 years, and the remaining
members,
one of whom shall be the public member, shall be appointed to serve for
4 years. Appointments to fill vacancies shall be made in the same manner as
original appointments for the unexpired portion of the vacated term. Initial
terms shall begin upon the effective date of this Act.
A member of the Board may be removed from office for just cause.
A member subject to formal disciplinary
proceedings shall disqualify himself or herself from Board business until the
charge
is resolved. A member also shall disqualify himself or herself from any matter
on
which the member may not objectively make a decision.
Board members shall receive no compensation but shall be reimbursed
for expenses incurred in connection with their duties as board members.
A majority of Board members then appointed shall constitute a quorum.
A majority vote of the quorum is required for a Board decision.
The Board shall elect from its membership a chairman and other
officers as it may deem necessary.
Board members shall not be liable for any of their acts, omissions,
decisions, or any other conduct in connection with their duties on the Board,
except those involving willful, wanton, or intentional misconduct.
The Board may have such powers as may be granted by the State Fire Marshal
to carry out the provisions of this Act.
(Source: P.A. 91‑835, eff. 6‑16‑00.)
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(225 ILCS 216/30)
(Section scheduled to be repealed on January 1, 2011)
Sec. 30.
Rules; report.
(a) The State Fire Marshal shall promulgate rules consistent
with the provisions
of this Act for the administration and enforcement thereof, and may prescribe
forms that shall be issued in connection therewith. The rules shall include
standards and criteria for registration, professional
conduct, and discipline. The State Fire Marshal shall consult with the Board
in
promulgating all rules under this Act.
(b) The Board shall propose to the State Fire Marshal additions or
modifications
to administrative rules whenever a majority of the members believes the
rules are deficient for the proper administration of this Act.
(c) The State Fire Marshal may solicit the advice and expert knowledge of
the Board
on any matter relating to the administration and enforcement of this Act.
(d) In the promulgation of rules relating to fire equipment
distributors and employees, the State Fire Marshal shall be guided by the
national
fire safety standards and codes and fire equipment and facility standards
and code, including but not limited to those promulgated by the National
Fire Protection Association and the National Association of Fire Equipment
Distributors.
(e) In the promulgation of rules relating to the maintenance and operation
of hydrostatic testing equipment and tools for all fire equipment distributors
and employees, the State Fire Marshal shall be guided by the requirements of
the
United States Department of Transportation as set forth in Section 173.34(e)(1)
of Title 49 of the Code of Federal Regulations.
(f) The State Fire Marshal shall by rule establish procedures for an
applicant for any class fire equipment employee license to work for a
licensed fire equipment distributor for training.
(g) The rules promulgated by the Office of the State Fire Marshal pursuant to
the
Fire Equipment Distributor and Employee Regulation Act shall remain in effect
until
such time as the Office of the State Fire Marshal promulgates rules under this
Act.
(h) The State Fire Marshal shall issue to the Board prior to each Board
meeting,
but not less than quarterly, a report of the status of all convictions related
to the profession received by the State Fire Marshal.
(Source: P.A. 91‑835, eff. 6‑16‑00.)
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(225 ILCS 216/35)
(Section scheduled to be repealed on January 1, 2011)
Sec. 35.
Personnel.
The State Fire Marshal may employ, in conformity with
the Personnel
Code,
such professional, technical, investigative, or clerical help, on either
a full or part‑time basis, as may be necessary for the enforcement of this
Act. Each investigator shall have a minimum of 2 years investigative
experience
out of the preceding 5 years.
An investigator may not hold an active license issued pursuant to this Act
or have any fiduciary interest in any business licensed
under this Act. This prohibition does not, however, prohibit an investigator
from holding stock in a publicly traded business licensed or regulated under
this Act, provided that the investigator does not hold more than 5% of the
stock in the business.
(Source: P.A. 91‑835, eff. 6‑16‑00.)
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(225 ILCS 216/40)
(Section scheduled to be repealed on January 1, 2011)
Sec. 40.
Qualifications for licensure; fees.
(a) No person shall engage in practice as a fire equipment distributor or
fire equipment employee without first
applying for and obtaining a license for that purpose from the Office of
the State Fire Marshal.
(b) To qualify for a Class A Fire Equipment Distributor License to service,
recharge,
hydro‑test, install, maintain, or inspect all types of fire extinguishers, an
applicant must provide all of the following:
(1) An annual license fee of $100.
(2) Evidence of registration as an Illinois | ||
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(3) Evidence of financial responsibility in a | ||
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(c) To qualify for a Class B Fire Equipment Distributor License to service,
recharge,
hydro‑test, install, maintain, or inspect all types of pre‑engineered fire
extinguishing systems, an applicant must provide all of the following:
(1) An annual license fee of $200.
(2) Evidence of registration as an Illinois | ||
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(3) Evidence of financial responsibility in a | ||
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(4) Evidence of owning, leasing, renting, or having | ||
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(d) To qualify for a Class C Fire Equipment Distributor License to service,
repair,
hydro‑test, inspect, and engineer all types of engineered fire suppression
systems, an applicant must provide all of the following:
(1) An annual license fee of $300.
(2) Evidence of registration as an Illinois | ||
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(3) Evidence of financial responsibility in a | ||
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(4) Evidence of owning, leasing, renting, or having | ||
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(e) To qualify for a Class 1 Fire Equipment Employee License to service,
recharge, hydro‑test, install, maintain, or inspect all types
of fire extinguishers, an applicant must complete all of the following:
(1) Pass the examination.
(2) Pay an annual license fee of $20.
(3) Provide a current photograph at least 1" x 1" in | ||
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(f) To qualify for a Class 2 Fire Equipment Employee License to service,
recharge, hydro‑test, install, maintain, or inspect all types
of pre‑engineered fire extinguishing systems, an applicant must complete all of
the following:
(1) Pass the examination.
(2) Pay an annual license fee of $20.
(3) Provide a current photograph at least 1" x 1" in | ||
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(g) To qualify for a Class 3 Fire Equipment Employee License to service,
recharge, hydro‑test, maintain, inspect, or engineer all
types of engineered fire extinguishing systems, an applicant must complete all
of the following:
(1) Pass the examination.
(2) Pay an annual license fee of $20.
(3) Provide a current photograph at least 1" x 1" in | ||
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(Source: P.A. 91‑835, eff. 6‑16‑00.)
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(225 ILCS 216/45)
(Section scheduled to be repealed on January 1, 2011)
Sec. 45.
Applications.
Each application for a license to practice under
this
Act shall be in writing and signed by the applicant on forms provided by the
State Fire Marshal.
(Source: P.A. 91‑835, eff. 6‑16‑00.)
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(225 ILCS 216/50)
(Section scheduled to be repealed on January 1, 2011)
Sec. 50.
Examinations.
(a) Applicants for licensure shall be examined as provided
herein if they are qualified to be examined pursuant to this Act. All
applicants
who are admitted to the examination shall be evaluated upon the same standards
as others being examined for the respective license.
(b) Examination for licensure shall be at such times and places as the
State Fire Marshal may determine, but shall be given at least quarterly.
(c) Examinations shall test the minimum amount of knowledge and skill
needed to perform the duties set forth in the definition of the license
and be in the interest of protection of the public. The State Fire Marshal may
contract with a testing service for the preparation and conduct of such
examination.
(d) If an applicant neglects, fails, or refuses to take an examination
under this Act within one year after filing his or her application, the fee
paid
by the applicant shall be forfeited. However,
the applicant may thereafter make a new application for examination,
accompanied
by the required fee.
(Source: P.A. 91‑835, eff. 6‑16‑00.)
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(225 ILCS 216/55)
(Section scheduled to be repealed on January 1, 2011)
Sec. 55.
Licensure without examination.
The State Fire Marshal shall
promulgate rules for licensure
without examination and may license under this Act without examination,
on payment of the required fee, an applicant who is registered under the
laws of another state or territory or of another country, if the requirements
for registration in the jurisdiction in which the applicant was licensed
were, at the date of his registration, substantially equal to the requirements
then in force in this State and that state, territory, or country has similar
rules for licensure.
(Source: P.A. 91‑835, eff. 6‑16‑00.)
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(225 ILCS 216/60)
(Section scheduled to be repealed on January 1, 2011)
Sec. 60.
Issuance of license; renewal.
(a) The State Fire Marshal shall, upon the applicant's satisfactory
completion of the requirements authorized under this Act and upon receipt
of the requisite fees, issue the appropriate license and wallet card showing
the name and business location of the licensee, the dates of issuance and
expiration, and shall contain a photograph of the licensee provided to the
State Fire Marshal.
(b) Upon application within 90 days after the effective date of this Act, the
Office of
the State Fire Marshal shall issue a license under this Act
without examination
to persons holding
a valid
license under the Fire Equipment Distributor and Employee Regulation Act on
December
30, 1999.
(c) Each licensee may apply for renewal of his license upon payment of
fees, as set forth in this Act. The expiration date and renewal period
for each license issued under this Act shall be set by rule. Failure to
renew within 60 days of the expiration date shall lapse the license. A lapsed
license
may not be reinstated until a written application is filed, the renewal
fee is paid, and a $50 reinstatement fee is paid. Renewal and reinstatement
fees shall be waived for persons who did not renew while on active duty
in the military and who file for renewal or restoration within one year after
discharge from such service. A lapsed license may not be reinstated after
5 years have elapsed, except upon passing an examination to determine fitness
to have the license restored and by paying the required fees.
(d) As a condition of renewal of a license, the State Fire Marshal may
require the licensee to report information pertaining to his practice which
the State Fire Marshal determines to be in the interest of public safety.
(e) All fees paid pursuant to this Act
are non‑refundable.
(Source: P.A. 91‑835, eff. 6‑16‑00.)
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(225 ILCS 216/65)
(Section scheduled to be repealed on January 1, 2011)
Sec. 65.
Returned checks.
Any person who on 2 occasions issues or delivers
a check or other
order
to the State Fire Marshal
that is not honored by the financial institution upon which it is drawn
because of insufficient funds on account shall pay to the
State Fire Marshal, in addition to the amount owing upon the check or other
order,
a fee of $50. The State Fire Marshal shall notify the licensee whose
license
has lapsed, within 30 days after the discovery by the State Fire Marshal that
the
licensee is practicing without a current
license, that the individual, person, or distributor is acting as a fire
equipment distributor or employee, as the case may be, without
a license, and the amount due to the State Fire Marshal, which shall include
the
lapsed renewal fee and all other fees required by this Section. If after the
expiration
of 30 days from the date of such notification, the licensee whose license
has lapsed seeks a current license, he shall thereafter apply to the State
Fire Marshal
for reinstatement of the license and pay all fees due to the State Fire
Marshal.
The State Fire Marshal may establish a fee for the processing of an application
for reinstatement of a license that allows the State Fire Marshal to pay all
costs
and expenses incident to the processing of this application. The State Fire
Marshal
may waive the fees due under this Section in individual cases where he finds
that the fees would be unreasonable or unnecessarily
burdensome.
(Source: P.A. 91‑835, eff. 6‑16‑00; 92‑146, eff. 1‑1‑02.)
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(225 ILCS 216/70)
(Section scheduled to be repealed on January 1, 2011)
Sec. 70.
Change of address; display of license; duplicate license
or certificate.
(a) A licensee shall report a change in home or office address within 10
days of when it occurs.
(b) Each licensee shall prominently display his license to practice at
each place from which the practice is being performed. If more than one
location is used, branch office certificates shall be issued upon payment
of the fees to be established by the State Fire Marshal. Each fire equipment
employee shall carry on his person a wallet card issued by the State Fire
Marshal.
(c) If a license or certificate is lost, a duplicate shall be issued
upon payment of the required fee to be established by the State Fire Marshal.
If a
licensee wishes to change his name, the State Fire Marshal shall issue a
license in
the new name upon satisfactory proof that such change was done in
accordance with law and upon payment of the required fee.
(d) Each licensee shall permit his facilities to be inspected by
representatives of the State Fire Marshal.
(Source: P.A. 91‑835, eff. 6‑16‑00.)
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(225 ILCS 216/75)
(Section scheduled to be repealed on January 1, 2011)
Sec. 75.
Grounds for disciplinary sanctions.
Licensees subject to this Act
shall conduct their
practice in accordance with this Act and with any rules promulgated
pursuant hereto. Licensees shall be subject to the exercise of the
disciplinary sanctions enumerated in Section 90 if the State Fire Marshal finds
that a licensee is guilty of any of the following:
(1) fraud or material deception in obtaining or renewing of a license;
(2) professional incompetence as manifested by poor standards of service;
(3) engaging in dishonorable, unethical, or unprofessional conduct of a
character likely to deceive, defraud, or harm the public in the course of
professional services or activities;
(4) conviction of any crime by a licensee which has a substantial
relationship to his practice or an essential element of which is
misstatement, fraud, or dishonesty, or conviction in this or another state
of any crime that is a felony under the laws of Illinois or conviction of
a felony in a federal court, unless the person demonstrates that he or she has
been sufficiently rehabilitated to warrant the public trust;
(5) performing any services in a grossly negligent manner or
permitting any of his or her licensed employees to perform services in a
grossly
negligent manner, regardless of whether actual damage or damages to the
public is established;
(6) habitual drunkenness or habitual addiction to the use
of morphine,
cocaine, controlled substances, or other habit‑forming drugs;
(7) directly or indirectly willfully receiving compensation for any
professional services not actually rendered;
(8) having disciplinary action taken against his or her license in another
state;
(9) making differential treatment against any person to his detriment
because of race, color, creed, sex, religion, or national origin;
(10) engaging in unprofessional conduct;
(11) engaging in false or misleading advertising;
(12) contracting or assisting unlicensed persons to perform services for
which a license is required under this Act;
(13) permitting the use of his or her license to enable any unlicensed
person
or agency to operate as a licensee;
(14) performing and charging for services without having authorization
to do so from the member of the public being served;
(15) failure to comply with any provision of this Act or the rules
promulgated pursuant thereto;
(16) conducting business regulated by this Act without a currently valid
license.
(Source: P.A. 91‑835, eff. 6‑16‑00.)
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(225 ILCS 216/80)
(Section scheduled to be repealed on January 1, 2011)
Sec. 80.
Complaints.
All complaints concerning violations regarding
licensees or
unlicensed activity shall be received and logged by the State Fire Marshal and
reported
to the Board.
(Source: P.A. 91‑835, eff. 6‑16‑00.)
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(225 ILCS 216/85)
(Section scheduled to be repealed on January 1, 2011)
Sec. 85.
Formal charges.
(a) Following the investigative process, the State Fire Marshal may
file formal charges against the licensee. The formal charges shall, at
a minimum, inform the licensee of the facts that make up the basis of the
charge
and that are specific enough to enable the licensee to defend himself.
(b) Each licensee whose conduct is the subject of a formal charge that
seeks to impose disciplinary action against the licensee shall be served
notice of said formal charge at least 30 days before the date of the hearing,
which shall be presided over by a hearing officer
authorized by the State Fire Marshal. Service shall be considered to have been
given if the notice was personally received by the licensee or if the notice
was sent by certified mail, return receipt requested to the licensee at the
licensee's
last known address, as listed with the State Fire Marshal.
(c) The notice of formal charges shall consist at a minimum of the following
information:
(1) the time, place, and date of the hearing;
(2) that the licensee shall appear personally at the | ||
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(3) that the licensee shall have the right to | ||
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(4) that the hearing could result in disciplinary | ||
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(5) that rules for the conduct of these hearings | ||
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(6) that a hearing officer authorized by the State | ||
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(7) that the State Fire Marshal may continue such | ||
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(d) The hearing officer authorized by the State Fire Marshal shall
hear evidence produced in support of the formal charges and contrary evidence
produced by the licensee, if any. At the conclusion of the hearing, the
hearing officer shall make findings of fact, conclusions of law, and
recommendations,
separately stated, and submit them to the State Fire Marshal and to all parties
to
the proceeding. Submission to the licensee shall be considered as having
been made if done in a similar fashion as service of the notice of formal
charges. Within 20 days after such service, any party to the proceeding
may present to the State Fire Marshal a motion, in writing, for a rehearing which
written motion shall specify the particular grounds therefor.
(e) The State Fire Marshal, following the time allowed for filing a motion
for rehearing,
shall review the hearing officer's findings of fact, conclusions of law,
and recommendations,
and any motions filed subsequent thereto. After review of such information
the State Fire Marshal may hear oral arguments and thereafter shall issue an
order.
The report of findings of fact, conclusions of law, and recommendations of
the hearing officer shall be the basis for the State Fire Marshal's order.
If the State Fire Marshal
finds that substantial justice was not done, he may issue an order in
contravention
of the findings of fact, conclusions of law, and recommendations of the hearing
officer. The State Fire Marshal shall provide the Board with written
explanation of
any such deviation, and shall specify with particularity the reasons for
said action. The finding is not admissible in evidence against the person
in criminal prosecution brought for the violation of this Act.
(f) All proceedings pursuant to this Section are matters of public record
and shall be preserved.
(Source: P.A. 91‑835, eff. 6‑16‑00.)
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(225 ILCS 216/90)
(Section scheduled to be repealed on January 1, 2011)
Sec. 90.
Disciplinary sanctions; hearings.
(a) The State Fire Marshal shall impose any of the following sanctions,
singly or in combination, when he or she finds that a licensee is guilty of any
offense described in subsection (a) of Section 75:
(1) revocation;
(2) suspension for any period of time;
(3) reprimand or censure;
(4) placement on probationary status and the | ||
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(i) report regularly to the Board or State Fire | ||
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(ii) continuation or renewal of professional | ||
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(iii) such other reasonable requirements or | ||
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(5) refusal to issue, renew or restore;
(6) revocation of probation that has been granted | ||
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(b) The State Fire Marshal may summarily suspend a license under this Act,
without
a hearing, simultaneously with the filing of a formal complaint and notice
for a hearing provided under this Section if the State Fire Marshal finds that the
continued operations of the individual would constitute an immediate danger
to the public. In the event the State Fire Marshal suspends a license under this
subsection, a hearing by the hearing officer designated by the
State Fire Marshal shall begin within 20 days after such suspension begins, unless
continued at the request of the licensee.
(c) Disposition may be made of any formal complaint by consent order between
the State Fire Marshal and the licensee, but the Board must be apprised of the
full
consent order in a timely way.
(d) The State Fire Marshal shall reinstate any license to good standing
under
this Act, upon recommendation to the State Fire Marshal, after a hearing before
the
hearing officer authorized by the State Fire Marshal.
The State Fire Marshal shall be satisfied that the applicant's renewed practice
is not contrary to the public interest.
(e) The State Fire Marshal may order a licensee to submit to a reasonable
physical examination if his physical capacity to practice safely is at
issue in a disciplinary proceeding.
Failure to comply with a State Fire Marshal order to submit to a
physical
examination shall render a licensee liable to the summary suspension
procedures described in this Section.
(f) The State Fire Marshal may conduct hearings and issue cease and desist
orders
to persons who engage in activities prohibited by this Act without having
a valid license, certificate, or registration. Any person in violation of
a cease and desist order entered by the State Fire Marshal shall be subject to
all
of the remedies provided by law, and in addition, shall be subject to a
civil penalty payable to the party injured by the violation.
(g) The State Fire Marshal shall seek to achieve consistency in the
application
of the foregoing sanctions and consent orders and significant departure
from prior decisions involving similar conduct shall be explained in the
State Fire Marshal's orders.
(Source: P.A. 91‑835, eff. 6‑16‑00.)
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(225 ILCS 216/95)
(Section scheduled to be repealed on January 1, 2011)
Sec. 95.
Witnesses; record of proceedings.
(a) The State Fire Marshal has the power to subpoena and bring before
it any person in this State and to take testimony either orally or by
deposition,
or both, with the same fees and mileage and in the same manner as is prescribed
by law for judicial proceedings in civil cases. The State Fire Marshal and
the hearing officer approved by the State Fire Marshal have the power
to administer oaths at any hearing which the State Fire Marshal is authorized
to conduct.
(b) Any circuit court, upon the application of the licensee or the State
Fire Marshal,
may order the attendance of witnesses and the production of relevant
books and papers in any hearing pursuant to this Act.
The court may compel obedience to its order by proceedings for contempt.
(c) The State Fire Marshal, at its expense, shall provide a stenographer
or a mechanical recording device to
record the testimony and preserve a record of all proceedings at the hearing
of any case wherein a license may be revoked, suspended, placed on probationary
status, or other disciplinary action taken with regard thereto. The notice
of hearing, complaint and all other documents in the nature of pleadings
and written motions filed in the proceedings, the transcript of testimony,
the report of the hearing officer, and the orders of the State Fire Marshal
constitute the
record of such proceedings. The State Fire Marshal shall furnish a transcript
of
the record to any interested person upon payment of the costs of copying
and transmitting the record.
(Source: P.A. 91‑835, eff. 6‑16‑00.)
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(225 ILCS 216/100)
(Section scheduled to be repealed on January 1, 2011)
Sec. 100.
Judicial review.
All final administrative decisions of the State
Fire Marshal are subject to
judicial review pursuant to the provisions of the Administrative Review
Law and the rules adopted pursuant thereto. Such proceedings
for judicial review shall be commenced in the Circuit Court of the county
in which the party applying for review resides. If the party applying for
review is not
a resident of Illinois, the venue shall be in Sangamon County. The State Fire
Marshal
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
State Fire Marshal acknowledging payment of the costs of furnishing and
certifying
the record which costs shall be computed at the cost of preparing such record.
Exhibits shall be certified without cost. Failure on the part of the licensee
to file the receipt in court shall be grounds for dismissal of the action.
During all judicial proceedings incident to the disciplinary action, the
sanctions imposed upon the accused by the State Fire Marshal shall remain in
effect,
unless the court feels justice requires a stay of the order.
(Source: P.A. 91‑835, eff. 6‑16‑00.)
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(225 ILCS 216/105)
(Section scheduled to be repealed on January 1, 2011)
Sec. 105.
Order; prima facie proof.
An order of revocation, suspension,
placing the license on probationary
status or other formal disciplinary action as the State Fire Marshal may deem
proper,
or a certified copy thereof, over the seal of the State Fire Marshal and
purporting
to be signed by the State Fire Marshal, is prima facie proof that:
(1) the signature is that of the State Fire Marshal;
(2) the State Fire Marshal is qualified to act; and
(3) the hearing officer is qualified to act on | ||
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Such proof may be rebutted.
(Source: P.A. 91‑835, eff. 6‑16‑00.)
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(225 ILCS 216/110)
(Section scheduled to be repealed on January 1, 2011)
Sec. 110.
Surrender of license.
Upon the suspension or revocation of a
license issued under this Act,
a licensee shall surrender the license to the State Fire Marshal and, upon
failure
to do so, the State Fire Marshal shall seize the same.
(Source: P.A. 91‑835, eff. 6‑16‑00.)
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(225 ILCS 216/115)
(Section scheduled to be repealed on January 1, 2011)
Sec. 115.
Publication of records.
The State Fire Marshal shall, upon
request,
publish
a list of the names and addresses of all licensees under the provisions
of this Act. The State Fire Marshal shall publish a list of all persons whose
licenses
have been disciplined within one year, and a quarterly list of each individual
who was denied employment status because of a criminal history, together
with such other information as it may deem of interest to the public.
(Source: P.A. 91‑835, eff. 6‑16‑00.)
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(225 ILCS 216/120)
(Section scheduled to be repealed on January 1, 2011)
Sec. 120.
Criminal penalties.
(a) Any person who violates any of the following provisions
shall be guilty of a Class A misdemeanor for the first offense:
(1) the practice of or attempted practice as a fire | ||
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(2) the obtaining of or the attempting to obtain a | ||
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(3) permitting, directing, or authorizing any person | ||
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(b) Whenever any person is punished as a repeat offender under this Section,
the State Fire Marshal may proceed to obtain a permanent injunction against
the person
under Section 10.
(c) If any person in making an oath or affidavit required by this Act swears
falsely, that person is guilty of perjury and upon conviction thereof, may
be punished accordingly.
(d) A person who violates any Section of this Act other than this Section
shall be guilty of a Class A misdemeanor for the first offense.
A second or subsequent offense in violation of any Section of this Act,
including this Section, is a Class 4 felony.
(Source: P.A. 91‑835, eff. 6‑16‑00.)
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(225 ILCS 216/950)
(Section scheduled to be repealed on January 1, 2011)
Sec. 950.
(Amendatory provisions; text omitted).
(Source: P.A. 91‑835, eff. 6‑16‑00; text omitted.)
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(225 ILCS 216/999)
(Section scheduled to be repealed on January 1, 2011)
Sec. 999.
Effective date.
This Act takes effect upon becoming law.
(Source: P.A. 91‑835, eff. 6‑16‑00.)
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