There is a newer version of the Illinois Compiled Statutes
2005 Illinois Code - Chapter 225 Professions And Occupations 225 ILCS 315/ Illinois Landscape Architecture Act of 1989.
(225 ILCS 315/1) (from Ch. 111, par. 8101)
(Section scheduled to be repealed on January 1, 2010)
Sec. 1.
Purpose.
It is the purpose of this Act to provide for the
registration of landscape architects.
(Source: P.A. 86‑932.)
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(225 ILCS 315/2) (from Ch. 111, par. 8102)
(Section scheduled to be repealed on January 1, 2010)
Sec. 2.
Short Title.
This Act may be cited as
the Illinois Landscape Architecture Act of 1989.
(Source: P.A. 86‑932; 86‑1475.)
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(225 ILCS 315/3) (from Ch. 111, par. 8103)
(Section scheduled to be repealed on January 1, 2010)
Sec. 3.
Definitions.
As used in this Act:
(a) "Board" means the Illinois Landscape Architect Registration Board.
(b) "Department" means the Illinois Department of Professional Regulation.
(c) "Director" means the Director of Professional Regulation.
(d) "Landscape Architect" means a person who, based on education,
experience, or both in the field of landscape architecture, is eligible to
register under this Act.
(e) "Landscape Architecture" means the art and science of arranging land,
together with the spaces and objects upon it, for the purpose of creating a
safe, efficient, healthful, and aesthetically pleasing physical environment
for human use and enjoyment.
(f) "Landscape Architectural Practice" means the offering or furnishing
of professional services in connection with a landscape architecture
project including, but not limited to, providing preliminary studies;
developing design concepts; planning for the relationships of physical
improvements and intended uses of the site; establishing form and aesthetic
elements; analyzing and providing for life safety requirements; developing
those construction details on the site which are exclusive of any building
or structure and do not require the seal of an engineer, architect, or
structural engineer; preparing and coordinating technical submissions; and
conducting site observation of a landscape architecture project.
(g) "Person" means any person, sole proprietorship, or entity such as a
partnership, professional service corporation, or corporation.
(Source: P.A. 86‑932.)
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(225 ILCS 315/4) (from Ch. 111, par. 8104)
(Section scheduled to be repealed on January 1, 2010)
Sec. 4.
After the effective date of this Act, no person may represent
himself to be a landscape architect or use the title "landscape architect",
"registered landscape architect", or any other title which includes the
words "landscape architect", unless registered under this Act.
(Source: P.A. 86‑932.)
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(225 ILCS 315/4.5)
(Section scheduled to be repealed on January 1, 2010)
Sec. 4.5.
Unregistered practice; violation; civil penalty.
(a) Any person who practices, offers to practice, attempts to practice, or
holds oneself out to practice landscape architecture without being registered
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 315/5) (from Ch. 111, par. 8105)
(Section scheduled to be repealed on January 1, 2010)
Sec. 5.
Nothing in this Act prevents any person from being engaged in
the practice of landscape architecture so long as he does not represent
himself as, or use the titles of, "landscape architect" or "registered
landscape architect".
(Source: P.A. 86‑932.)
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(225 ILCS 315/6) (from Ch. 111, par. 8106)
(Section scheduled to be repealed on January 1, 2010)
Sec. 6.
Issuance of Certificate.
Whenever an applicant for
registration has complied with the provisions of Section 11 of this Act,
the Department shall issue a certificate
of registration to the applicant as a registered landscape architect subject
to the provisions of this Act.
(Source: P.A. 86‑932.)
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(225 ILCS 315/7) (from Ch. 111, par. 8107)
(Section scheduled to be repealed on January 1, 2010)
Sec. 7.
Current Address.
Every landscape
architect shall maintain a current address with the Department.
It shall be the responsibility of the registrant to notify the Department in
writing of any change of address.
(Source: P.A. 91‑255, eff. 12‑30‑99.)
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(225 ILCS 315/8) (from Ch. 111, par. 8108)
(Section scheduled to be repealed on January 1, 2010)
Sec. 8.
Powers and Duties of the Department.
(a) The Department shall exercise the powers and duties prescribed by the
Civil Administrative Code of Illinois for the administration of licensing
acts and shall exercise such other powers and duties vested by this Act.
(b) The Department shall promulgate rules and regulations consistent
with the provisions of this Act for the administration and enforcement
thereof which shall include standards and criteria for registration and
for the payment of fees connected therewith.
The Department shall prescribe forms required for the administration of this Act.
(c) The Department shall consult the Landscape Architecture Board in
promulgating rules and
regulations. Notice of proposed rulemaking shall be transmitted to the
Board and the Department shall review the Board's response and any
recommendations made therein. The Department shall notify the Board in
writing of the explanation for any deviations from the Board's
recommendations and response.
(d) The Department may at any time seek the advice and the expert
knowledge of the Board on any matter relating to the administration of this Act.
(e) The Department shall issue a quarterly report to the Board setting
forth the status of all complaints received by the Department related to
the landscape architecture practice.
(Source: P.A. 86‑932.)
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(225 ILCS 315/9) (from Ch. 111, par. 8109)
(Section scheduled to be repealed on January 1, 2010)
Sec. 9.
Composition, qualification, and terms of Board.
(a) The Director shall appoint a Board consisting of 5 persons
who are residents of the State of Illinois and who shall be appointed by
and shall serve in an advisory capacity to the Director. Four persons
shall be individuals experienced in landscape architectural work who would
qualify upon application to the Department under the provisions of this Act
to be registered landscape architects, one of whom shall be tenured member
of the landscape architecture faculty of the University of Illinois and 3
of whom shall have engaged in landscape architectural work for at least 5
years. The fifth person shall be a public member, not an employee of the
State of Illinois, who is not registered under this Act or a similar Act of
another jurisdiction. The public member may not be elected or appointed as
chairman of the Board or serve in such capacity in any other manner.
(b) Members of the Board shall serve 5 year terms and until their
successors are appointed and qualified. No member shall be
reappointed to the Board for a term which would cause that member's
cumulative service on the Board to be longer than 10 years.
No member who is an initial appointment to the Board shall be reappointed
to the Board for a term which would cause that member's cumulative service
on the Board to be longer than 13 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.
(c) The Director may remove any member of the Board for cause, which may
include without limitation a member who does not attend 2 consecutive
meetings.
(d) The Director shall consider the recommendations of the Board on
questions involving standards of professional conduct, discipline, and
qualifications of candidates and registrants under this Act.
(e) A quorum of the Board shall consist of a majority of members currently
appointed. A majority vote of the quorum is required for board decisions.
(f) The Board shall annually elect a chairperson and vice chairperson, both
of whom shall be licensed landscape architects.
(Source: P.A. 91‑255, eff. 12‑30‑99.)
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(225 ILCS 315/10) (from Ch. 111, par. 8110)
(Section scheduled to be repealed on January 1, 2010)
Sec. 10.
Application for Registration.
An application for
registration shall be made to the Department in writing on forms prescribed
by the Department and shall be accompanied by the required fee, which shall
not be returnable. The application shall require such information as, in
the judgment of the Department, will enable the Department to pass on the
qualifications of the applicant for registration.
(Source: P.A. 86‑932.)
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(225 ILCS 315/11) (from Ch. 111, par. 8111)
(Section scheduled to be repealed on January 1, 2010)
Sec. 11.
Registration Qualifications.
(a) Every person applying to the Department for registration shall do so
on forms approved by the Department and shall pay the required fee. Every
person applying to the Department for registration
shall submit, with his application, satisfactory evidence that the person
holds an approved professional degree in landscape architecture from an
approved and accredited program, as such terms are defined by the rules and
regulations of the Department, and that he has had such practical
experience in landscape architectural work as shall be required by the
rules and regulations of the Department. In lieu of evidence of any
approved professional degree in landscape architecture, the applicant may
submit satisfactory evidence of such other education or experience as shall
be required by the rules and regulations of the Department; provided,
however, that after January 1, 1993 every applicant for initial registration
must have an
approved professional degree.
If an applicant is qualified the Department shall,
by means of a written examination, examine the applicant on such technical
and professional subjects as shall be required by the rules and regulations
of the Department.
(b) The Department may exempt from such written examination an applicant
who holds a certificate of qualification issued by the National Council of
Landscape Architecture Registration Boards, or who holds a registration in
another state which has equivalent or substantially equivalent requirements
as the State of Illinois.
(c) The Department shall adopt rules determining requirements for practical training and
education. The Department may also adopt the examinations and recommended
grading procedures of the National
Council of Landscape Architectural Registration Boards and the
accreditation procedures of the Landscape Architectural Accrediting Board.
The Department shall issue a certificate of registration to each applicant who satisfies
the requirements set forth in this Section. Such registration shall be
effective upon issuance.
(d) If an applicant neglects, fails without an approved excuse, or
refuses to take an examination or fails to pass an examination to obtain a
certificate of registration under this Act within 3 years after filing the
application, the application shall be denied. However, such applicant may
thereafter submit a new application accompanied by the required fee.
(e) Any person who has been engaged in the practice of landscape
architecture prior to the effective date of this Act, shall, upon
application within 2 years from the effective date of this Act and upon
payment of the required current registration fee and application fee, be
issued registration without examination upon furnishing to the Department
satisfactory proof that he was so engaged prior to such date. The
Director, through the Board, shall accept as satisfactory evidence of the
competency and qualifications of the applicant for registration the following:
(1) A diploma of graduation or satisfactory | ||
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(2) Evidence that the applicant has a total of at | ||
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(Source: P.A. 91‑255, eff. 12‑30‑99.)
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(225 ILCS 315/12) (from Ch. 111, par. 8112)
(Section scheduled to be repealed on January 1, 2010)
Sec. 12.
Registration, Renewal, Restoration.
(a) The expiration date and renewal period for each registration issued
under this Act shall be prescribed by the rules and regulations of the Department.
(b) Any person who has permitted his registration to expire or who has
had his registration on inactive status may have his registration restored
by applying to the Department, filing proof acceptable to the
Department of his fitness to have the registration restored, which may
include sworn evidence certifying to active practice in another
jurisdiction satisfactory to the Department and paying the required restoration fee.
(c) If the person has not maintained an active practice in another
jurisdiction satisfactory to the Department, the Board shall
determine, by an evaluation program established by rule, the person's
fitness to resume active status and may
require the successful completion of an examination.
(d) However, any person whose registration has expired while he has been
engaged: (1) in Federal Service on active duty with the Armed Forces of the
United States or the State Militia called into service or training; or (2)
in training or education under the supervision of the United States
preliminary to induction into the military service, may have his
registration renewed or restored without paying any lapsed renewal fees if,
within 2 years after termination of such service, training or education
other than by dishonorable discharge, he furnishes the Department with
satisfactory evidence to the effect that he has been so engaged and that
the service, training or education has been so terminated.
(e) Each application for renewal shall contain the signature of the landscape architect.
(Source: P.A. 86‑932.)
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(225 ILCS 315/13) (from Ch. 111, par. 8113)
(Section scheduled to be repealed on January 1, 2010)
Sec. 13.
Inactive Status.
(a) Any landscape architect who notifies the Department in writing on
forms prescribed by the Department may elect to place
his registration on an inactive status and shall be excused from payment of
renewal fees until he notifies the Department in writing of his desire to
resume active status.
(b) Any person whose license has been expired for more than 3 years may have
his license restored by making application to the Department and filing
proof acceptable to the Department of his fitness to have his license
restored, including evidence certifying to active practice in another
jurisdiction, and by paying the required restoration fee.
(c) Any landscape architect whose registration is in an inactive status,
has been suspended or revoked, or has expired shall not represent himself
to be a landscape architect or use the title "landscape architect",
"registered landscape architect", or any other title which includes the
words "landscape architect".
(Source: P.A. 86‑932.)
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(225 ILCS 315/14) (from Ch. 111, par. 8114)
(Section scheduled to be repealed on January 1, 2010)
Sec. 14.
Fees.
The Department shall establish by rule a schedule of fees
for the administration and maintenance of this Act. These fees are not
refundable.
(Source: P.A. 91‑255, eff. 12‑30‑99.)
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(225 ILCS 315/15) (from Ch. 111, par. 8115)
(Section scheduled to be repealed on January 1, 2010)
Sec. 15.
Disposition of funds.
All of the fees collected pursuant
to this Act shall be deposited in the General Professions Dedicated Fund.
On January 1, 2000 the State Comptroller shall transfer the balance of the
monies in the Landscape Architects' Administration and Investigation Fund into
the General Professions Dedicated Fund. Amounts appropriated for fiscal year
2000 out of the Landscape Architects' Administration and Investigation Fund may
be paid out of the General Professions Dedicated Fund.
The monies deposited in the General Professions Dedicated
Fund may be used for the expenses of the Department in the
administration of this Act.
Moneys from the Fund may also be used for direct and allocable indirect
costs related to the public purposes of the Department of Professional
Regulation. Moneys in the Fund may be transferred to the Professions
Indirect Cost Fund as authorized by Section 2105‑300 of the Department
of Professional Regulation Law (20 ILCS 2105/2105‑300).
(Source: P.A. 91‑239, eff. 1‑1‑00; 91‑255, eff. 12‑30‑99; 92‑16, eff.
6‑28‑01.)
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(225 ILCS 315/16) (from Ch. 111, par. 8116)
(Section scheduled to be repealed on January 1, 2010)
Sec. 16.
Roster.
The Department shall maintain a roster of the names and
addresses of all registered landscape architects. This roster
shall be available upon written request and payment of the required fee.
(Source: P.A. 86‑932.)
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(225 ILCS 315/17) (from Ch. 111, par. 8117)
(Section scheduled to be repealed on January 1, 2010)
Sec. 17.
Advertising.
Any person registered under this Act may
advertise the availability of professional services in the public media or
on the premises where such professional services are rendered provided that
such advertising is truthful and not misleading.
(Source: P.A. 86‑932.)
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(225 ILCS 315/18) (from Ch. 111, par. 8118)
(Section scheduled to be repealed on January 1, 2010)
Sec. 18.
Violation; injunction; cease and desist order.
(a) If any
person violates the
provisions of this Act, the Director may, in the name of the People of the
State of Illinois, through the Attorney General of the State of Illinois
or the State's Attorney of any county in which the action is brought, petition
for an order enjoining such violation and 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 hold himself out as a "landscape architect" or
"registered landscape architect" without being registered under the
provisions of this Act, then any registered landscape architect, 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.
(c) Whoever holds himself out as a "landscape architect" or a "registered
landscape architect"
in this State without being registered for that purpose shall be guilty of
a Class A misdemeanor, and for each subsequent conviction shall be guilty
of a Class 4 felony.
(d) Whenever, in the opinion of the Department, a person violates any
provision of this Act, the Department may issue a rule to show cause why an
order to cease and desist should not be entered against that person. The rule
shall clearly set forth the grounds relied upon by the Department and shall
allow the person at least 7 days from the date of the rule to file an answer
that is satisfactory
to the Department. Failure to answer to the satisfaction of the Department
shall cause an order to cease and desist to be issued.
(Source: P.A. 88‑363.)
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(225 ILCS 315/18.1)
(Section scheduled to be repealed on January 1, 2010)
Sec. 18.1.
Grounds for Discipline.
(a) The Department may refuse to issue, renew, or may revoke, suspend, place
on probation, reprimand, or take other disciplinary action as the Department
considers appropriate, including the issuance of fines not to exceed $1,000 for
each violation, with regard to any license for any one or more of the
following:
(1) Material misstatement in furnishing information | ||
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(2) Negligent or intentional disregard of this Act, | ||
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(3) Conviction of any crime under the laws of the | ||
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(4) Making any misrepresentation for the purpose of | ||
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(5) Professional incompetence or gross negligence in | ||
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(6) Aiding or assisting another person in violating | ||
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(7) Failing to provide information within 60 days in | ||
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(8) Engaging in dishonorable, unethical, or | ||
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(9) Habitual or excessive use or addiction to | ||
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(10) Discipline by another jurisdiction, if at least | ||
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(11) Directly or indirectly giving to or receiving | ||
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(12) A finding by the Board that the licensee, after | ||
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(12.5) A finding by the Board that the licensee has | ||
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(13) Abandonment of a client.
(14) Willfully filing false reports relating to a | ||
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(15) Being named as a perpetrator in an indicated | ||
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(16) Physical or mental disability, including | ||
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(17) Solicitation of professional services by using | ||
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(18) Failure to file a return, or to pay the tax, | ||
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(b) Any fines imposed under this Section shall not exceed $1,000 for each
violation.
(c) The determination by a court that a licensee is subject to involuntary
admission or judicial admission as provided in the Mental Health and
Developmental Disabilities Code will result in an automatic suspension of his
or her license. The suspension will end upon a finding by a court that the
licensee is no longer subject to involuntary admission or judicial admission,
the issuance of an order so finding and discharging the patient, and the
recommendation of the Board to the Director that the licensee be allowed to
resume professional practice.
(d) In enforcing this Section, the Board, upon a showing of a possible
violation, may compel a person registered under this Act or who has
applied for registration pursuant to this Act to submit to a
mental or physical examination, or both, as required by and at the expense of
the Department. The examining physicians shall be those specifically
designated by the Board. The Board or the Department may order the examining
physician to present testimony concerning this mental or physical examination
of the registrant or applicant. No information shall be excluded by reason of
any common law or statutory privilege relating to communications between the
registrant or applicant and the examining physician. The person to be
examined
may
have, at his or her own expense, another physician of his or her choice present
during all aspects of the examination. Failure of any person to submit to a
mental or physical examination when directed shall be grounds for suspension
of a registration until the person submits to the examination if the Board
finds,
after notice and hearing, that the refusal to submit to the examination was
without reasonable cause.
If the Board finds a person unable to practice because of the reasons set
forth in this Section, the Board may require that person to submit to care,
counseling, or treatment by physicians approved or designated by the Board as
a condition, term, or restriction for continued, reinstated, or renewed
registration; or, in lieu of care, counseling, or treatment, the Board
may recommend that the Department file a complaint to immediately suspend,
revoke, or otherwise discipline the registration of the person. Any person
whose
registration was granted, continued, reinstated, renewed, disciplined, or
supervised
subject to such terms, conditions, or restrictions and who fails to comply
with such terms, conditions, or restrictions shall be referred to the Director
for a determination as to whether the person shall have his or her registration
suspended immediately, pending a hearing by the Board.
(Source: P.A. 91‑255, eff. 12‑30‑99.)
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(225 ILCS 315/19) (from Ch. 111, par. 8119)
(Section scheduled to be repealed on January 1, 2010)
Sec. 19.
Investigation; notice and hearing.
The Department may
investigate the actions or qualifications of any applicant or person
holding or claiming to hold a certificate of registration. The Department
shall, before suspending or revoking, placing on probation, reprimanding, or
taking any other disciplinary action under Section 18.1 of this Act, at
least 30 days before the
date set for the hearing, notify the applicant or holder of a certificate of
registration in writing
of the nature of the
charges
and that a hearing will be held on the date designated. The
written
notice may be served by personal delivery or certified or registered mail
to the
applicant or licensee at the address of his last
notification to the Department.
The Department shall direct the applicant or licensee to file a written
answer with
the Department, under oath, within 20 days after the service of the notice, and
inform the person that if he or she fails to file an answer, his or her license
may be revoked, suspended, placed on probation, reprimanded, or the Department
may take any other additional disciplinary action including the issuance of
fines, not to exceed $1,000 for each violation, as the Department may consider
necessary, without a hearing. At the time and place fixed in the notice, the
Board shall proceed to hear the charges and the parties or their counsel. All
parties shall
be accorded an opportunity to present any statements, testimony, evidence,
and arguments as may be pertinent to the charges or to their defense. The
Board may continue the hearing from time to time.
(Source: P.A. 87‑1031; 88‑363.)
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(225 ILCS 315/20) (from Ch. 111, par. 8120)
(Section scheduled to be repealed on January 1, 2010)
Sec. 20.
Record of proceedings; transcript.
The Department, at its
expense, shall preserve a record of all proceedings at the formal hearing
of any case involving the refusal to restore, issue or renew a license, or
the discipline of a licensee.
The notice of hearing, complaint and all other documents in the nature of
pleadings and written motions filed in the proceedings, the transcript of
testimony, the report of the Board and the orders of the Department shall
be the record of the proceedings. The Department shall furnish a
transcript of the record to any person interested in the hearing upon
payment of the fee required under Section 2105‑115 of the
Department of Professional Regulation Law (20 ILCS 2105/2105‑115).
(Source: P.A. 91‑239, eff. 1‑1‑00.)
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(225 ILCS 315/21) (from Ch. 111, par. 8121)
(Section scheduled to be repealed on January 1, 2010)
Sec. 21.
Subpoenas; depositions; oaths.
The Department has
power to subpoena and bring before it any person and to take
testimony either orally or by deposition, or both, with the same fees and
mileage and in the same manner as prescribed
in civil cases in circuit courts of this State.
The Director, the designated hearing officer, and every member of the
Board has the power to
administer oaths to witnesses at any hearing which the Department is
authorized to conduct, and any other oaths
authorized in
any Act administered by the Department.
(Source: P.A. 88‑363.)
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(225 ILCS 315/22) (from Ch. 111, par. 8122)
(Section scheduled to be repealed on January 1, 2010)
Sec. 22.
Compelling testimony.
Any
court, upon the application of the
Department, designated hearing officer, or the applicant or licensee against
whom proceedings under Section 18.1 of this Act are pending, may, enter an
order requiring the attendance of
witnesses and their testimony
and the production of documents, papers, files, books, and records in
connection with any hearing or investigation. The court
may compel obedience to its
order by proceedings for contempt.
(Source: P.A. 88‑363.)
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(225 ILCS 315/22.1)
(Section scheduled to be repealed on January 1, 2010)
Sec. 22.1.
Findings and recommendations.
At the conclusion of the
hearing, the Board shall present to the Director a written report of its
findings of fact, conclusions of law, and recommendations. The report shall
contain a finding whether the licensee violated this Act or failed to comply
with the conditions required in this Act. The Board shall specify the nature
of the violation or failure to comply, and shall make its recommendations to
the Director.
The report of findings of fact, conclusions of law, and recommendation of the
Board shall be the basis for the Department's order for refusal or for the
granting of the license. If the Director disagrees with the recommendations of
the Board, the Director may issue an order in contravention of the Board
recommendations. The Director shall provide a written report to the Board on
any disagreement and shall specify the reasons for the action in the final
order. The findings are not admissible in evidence against the person in a
criminal prosecution for violation of this Act, but the hearing and
findings are not a bar to a criminal prosecution for violation of
this Act.
(Source: P.A. 88‑363.)
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(225 ILCS 315/23) (from Ch. 111, par. 8123)
(Section scheduled to be repealed on January 1, 2010)
Sec. 23.
Board; Rehearing.
At the conclusion of
the hearing, a
copy of the Board's report shall be served upon the accused
person, either
personally or as provided in this Act for
the service of the notice. Within 20 days after such service, the
applicant or licensee may present to the Department
a motion in writing for a
rehearing which shall specify the particular grounds for rehearing. If no motion for a rehearing is filed, then upon the
expiration of the time specified for filing such a motion, or if a motion for
rehearing is denied, then upon the denial, the Director may enter any order in
accordance with recommendations of the Board, except as provided in Section 120
of this Act. If the applicant or licensee requests and pays for a transcript
of the record within the time for filing a motion for rehearing, the 20‑day
period within which a motion may be filed shall commence upon the delivery of
the transcript to the applicant or licensee.
Whenever the Director is not satisfied that substantial justice has been
done, he may order a rehearing by the same or another special board. At
the expiration of the time specified for filing a motion for a rehearing
the Director has the right to take the action recommended by the Board.
(Source: P.A. 88‑363.)
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(225 ILCS 315/24) (from Ch. 111, par. 8124)
(Section scheduled to be repealed on January 1, 2010)
Sec. 24.
Appointment of a hearing officer.
The Director has the authority to appoint
any attorney licensed to practice law in the State of Illinois to
serve as the hearing officer in any action
for refusal to issue or renew a license or permit or to discipline a
licensee. The Director shall notify the Board of any such appointment. The
hearing
officer has full authority to conduct the hearing. At least one member of
the Board shall attend each hearing. The hearing officer shall report his findings of
fact, conclusions of law and recommendations to the Board and the Director.
The Board has 60 days from receipt of the report to review
it 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 shall issue an
order based on the report of the hearing officer. If the Director
disagrees with the recommendation of the Board
or hearing officer, the Director
may issue an order in contravention of the recommendation. The
Director shall promptly provide a
written explanation to the Board on any disagreement.
(Source: P.A. 88‑363.)
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(225 ILCS 315/25) (from Ch. 111, par. 8125)
(Section scheduled to be repealed on January 1, 2010)
Sec. 25.
Order or certified copy; prima facie proof.
An order or a
certified copy thereof, over the seal of the Department and purporting to be
signed by the Director, shall be prima facie proof that:
(a) the signature is the genuine signature of the | ||
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(b) the Director is duly appointed and qualified;
and
(c) the Board and the members thereof are qualified | ||
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(Source: P.A. 91‑357, eff. 7‑29‑99.)
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(225 ILCS 315/26) (from Ch. 111, par. 8126)
(Section scheduled to be repealed on January 1, 2010)
Sec. 26.
Restoration of suspended or revoked license.
At any time after the
suspension or revocation of any license, the
Department may restore it to the licensee
upon the written recommendation of the Board, unless after an investigation
and hearing the Board determines that restoration is not in the public
interest.
(Source: P.A. 88‑363.)
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(225 ILCS 315/27) (from Ch. 111, par. 8127)
(Section scheduled to be repealed on January 1, 2010)
Sec. 27.
Surrender of license.
Upon the revocation or suspension
of any license, the licensee shall immediately surrender his or her
license to the Department. If the licensee fails to do so, the
Department has the right to seize the license.
(Source: P.A. 88‑363.)
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(225 ILCS 315/28) (from Ch. 111, par. 8128)
(Section scheduled to be repealed on January 1, 2010)
Sec. 28.
Summary suspension of a license.
The Director
may
summarily suspend the license of a landscape
architect without a hearing,
simultaneously with the institution of proceedings for a hearing provided
for in Section 24 of this Act, if the Director finds that evidence in the
possession of the Director indicates that the
continuation in practice by the landscape architect would
constitute an imminent danger to the public. In the event that the
Director temporarily suspends the license of an individual
without a
hearing, a hearing must be held within 30 days after such
suspension has occurred.
(Source: P.A. 88‑363.)
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(225 ILCS 315/29) (from Ch. 111, par. 8129)
(Section scheduled to be repealed on January 1, 2010)
Sec. 29.
Administrative Review Law; venue.
(a) All
final administrative decisions of the Department are subject
to judicial review under 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.
(Source: P.A. 88‑363.)
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(225 ILCS 315/30) (from Ch. 111, par. 8130)
(Section scheduled to be repealed on January 1, 2010)
Sec. 30.
Certification of record; costs.
The Department shall not be
required to certify any
record to the court or file an answer in court, or to
otherwise appear in any
court in a judicial review proceeding, unless there is filed in the court with
the
complaint a receipt from the Department acknowledging payment of the costs
of furnishing and certifying the record. Failure on the part of the
plaintiff to file such receipt in court shall be grounds for dismissal of the
action.
(Source: P.A. 88‑363.)
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(225 ILCS 315/31) (from Ch. 111, par. 8131)
(Section scheduled to be repealed on January 1, 2010)
Sec. 31.
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 purposes of this Act the notice
required under Section 10‑25 of the Illinois Administrative Procedure Act is
deemed sufficient when mailed to the last known address of a party.
(Source: P.A. 88‑45.)
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(225 ILCS 315/32) (from Ch. 111, par. 8132)
(Section scheduled to be repealed on January 1, 2010)
Sec. 32.
Public policy.
It is declared to be the public policy of this
State, pursuant to paragraph (h) 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. 86‑932.)
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