2005 Illinois Code - Chapter 225 Professions And Occupations 225 ILCS 430/ Detection of Deception Examiners Act.
(225 ILCS 430/0.01)(from Ch. 111, par. 2400) (Section scheduled to be repealed on January 1, 2012) Sec. 0.01. Short title. This Act may be cited as the
Detection of Deception Examiners Act. (Source: P.A. 86‑1324.)
(225 ILCS 430/1)(from Ch. 111, par. 2401) (Section scheduled to be repealed on January 1, 2012)
Sec. 1. Definitions. As used in this Act, unless the context otherwise
requires:
"Detection of Deception Examination", hereinafter referred
to as "Examination" means any examination in which a device or instrument
is used to test or question individuals for the purpose of evaluating
truthfulness or untruthfulness.
"Examiner" means any person licensed under this Act.
"Person" includes any natural person, partnership, association,
corporation or trust.
"Department" means the Department of Professional Regulation of the
State of Illinois.
"Director" means the Director of Professional Regulation of the State of
Illinois.
"Him" means both the male and female gender.
"Law enforcement agency" means an agency of the State or a unit of local
government that is vested by law or ordinance with the power to maintain public
order and to
enforce criminal laws and ordinances.
(Source: P.A. 92‑453, eff. 8‑21‑01; 93‑619, eff. 12‑15‑03.)
(225 ILCS 430/2)(from Ch. 111, par. 2402) (Section scheduled to be repealed on January 1, 2012) Sec. 2. The practice of the detection of deception in the State of Illinois
is declared to affect the public health, safety and welfare and is subject
to regulation and control in the public interest. (Source: Laws 1963, p. 3300.)
(225 ILCS 430/3)(from Ch. 111, par. 2403) (Section scheduled to be repealed on January 1, 2012) Sec. 3. Every examiner shall use an instrument which records permanently
and simultaneously the subject's cardiovascular, respiratory
and galvanic skin response patterns
as minimum standards and shall base his evaluation upon changes in such
patterns. Such an instrument may record additional
physiological patterns pertinent to the detection of deception.
The examiner may also consider changes in such additional patterns in
making his evaluations. An examiner
shall, upon written request of a person examined, make known the results of
such test to the person examined within 5 days of receipt of the written
request. (Source: P.A. 82‑200.)
(225 ILCS 430/4)(from Ch. 111, par. 2404) (Section scheduled to be repealed on January 1, 2012)
Sec. 4. Registration or license required; exceptions.
(a) It is unlawful for any person to administer detection of
deception examinations, or attempt to hold himself out as an Examiner,
unless registered or licensed by the Department. However, this shall not
prohibit the use of detection of deception equipment by a person licensed
to practice medicine in all its branches under the Medical Practice Act of
1987 when the results are to be used in research.
(b) Nothing in this Act prohibits the use of a voice stress analyzer
by
any
fully trained full time certified law enforcement officer of a law enforcement
agency in the course of its
duties as an investigative aid in a criminal investigation.
Law enforcement users of a voice stress analyzer shall
be trained in a manner approved by the Illinois Law Enforcement Training
Standards Board. The use of a voice stress analyzer shall be conducted only
with the prior written consent of the subject of such investigation.
Surreptitious use of a voice stress analyzer is prohibited. Use of a voice
stress analyzer is prohibited when a State or
local law enforcement officer stops a motorist for an alleged violation of the
Illinois Vehicle Code. A voice stress analyzer is prohibited for use in
pre‑employment screening and for internal investigations. For the purposes of
this subsection (b), "voice stress
analyzer" means an investigative tool that
records voice stress factors related to frequency modulations in the human
voice.
(Source: P.A. 93‑619, eff. 12‑15‑03.)
(225 ILCS 430/4.5) (Section scheduled to be repealed on January 1, 2012) Sec. 4.5. Unlicensed practice; violation; civil penalty. (a) Any person who practices, offers to practice, attempts to practice, or
holds oneself out to practice as a detection of deception examiner 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.)
(225 ILCS 430/7)(from Ch. 111, par. 2407) Sec. 7. (Repealed). (Source: P.A. 85‑1209. Repealed by P.A. 92‑453, eff. 8‑21‑01.)
(225 ILCS 430/7.1)(from Ch. 111, par. 2408) (Section scheduled to be repealed on January 1, 2012) Sec. 7.1. 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 Administrative Procedure Act is deemed
sufficient when mailed to the last known address of a party. (Source: P.A. 88‑45.)
(225 ILCS 430/7.2) (Section scheduled to be repealed on January 1, 2012) Sec. 7.2. Detection of Deception Examiners Act Coordinator. The Director
shall
appoint a Detection of Deception
Examiners Act Coordinator to assist the Department in the administration of
this Act. The Detection of Deception Examiners Act
Coordinator shall be a person licensed under this Act and shall have no
less than 10 years of experience as an Illinois licensed Detection of Deception
Examiner.
The Detection of Deception Examiners Act Coordinator shall perform such
administrative functions on a full or part‑time basis
as may be delegated to him or her by the Director, including, but not limited
to, revision of the licensing examination and review of the training and
qualifications of applicants from a jurisdiction outside of Illinois. Whenever the Director is satisfied that substantial justice has not been done
in an examination, he may order a re‑examination by the same or other
examiners. (Source: P.A. 92‑453, eff. 8‑21‑01.)
(225 ILCS 430/7.3) (Section scheduled to be repealed on January 1, 2012) Sec. 7.3. Appointment of a Hearing Officer. The Director has the
authority to appoint an attorney, licensed to practice law in the State of
Illinois, to serve as a Hearing Officer in any action for refusal to issue or
renew a license or to discipline a license. The Hearing Officer has full
authority to conduct the hearing. The appointed Detection of Deception
Coordinator may attend hearings and advise the Hearing Officer on technical
matters involving Detection of Deception examinations. (Source: P.A. 92‑453, eff. 8‑21‑01.)
(225 ILCS 430/8)(from Ch. 111, par. 2409) (Section scheduled to be repealed on January 1, 2012) Sec. 8. 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 returnable. Any such application
shall require such information as in the judgment of the Department will
enable the Department to pass on the qualifications of the applicant for a
license. If an applicant neglects, fails without an approved excuse or refuses
to take the next available examination for a
license under this Act, the fee
paid by the applicant shall be forfeited and the
application denied. If an applicant fails to pass an examination for a
license under this Act within 3 years after filing his application, the
application shall be denied. However, such applicant may thereafter make a new
application for examination, accompanied by the required fee. (Source: P.A. 84‑266.)
(225 ILCS 430/8.5) (Section scheduled to be repealed on January 1, 2012) Sec. 8.5. Social Security Number on license application. In addition
to any other information required to be contained in the application, every
application for an original, renewal, reinstated, or restored license under
this
Act shall include the applicant's Social Security Number. (Source: P.A. 90‑144, eff. 7‑23‑97.)
(225 ILCS 430/10)(from Ch. 111, par. 2411) (Section scheduled to be repealed on January 1, 2012) Sec. 10. Each non‑resident applicant for an original license or a renewal
license, shall file an irrevocable consent that actions against the
applicant may be filed in any appropriate court of any county or
municipality of this state in which the plaintiff resides or in which some
part of the transaction occurred out of which the alleged cause of action
arose and that process in any action may be served on the applicant by
leaving two copies thereof with the Director of the Department. Such
consent shall stipulate and agree that such service of process shall be
taken and held to be valid and binding for all purposes. The Director shall
send forthwith one copy of the process to the applicant at the address
shown on the records of the Department by registered or certified mail. (Source: Laws 1963, p. 3300.)
(225 ILCS 430/10.1)(from Ch. 111, par. 2411.1) (Section scheduled to be repealed on January 1, 2012) Sec. 10.1. Prior to beginning the 6 months of study of detection of
deception required by paragraph D of Section 11, a person shall register
with the Department. Persons who so register may administer examinations
under the supervision and control of an examiner during their course of study. This registration is valid for 1 year and may not be renewed. (Source: P.A. 82‑200.)
(225 ILCS 430/11)(from Ch. 111, par. 2412) (Section scheduled to be repealed on January 1, 2012) Sec. 11. Qualifications for licensure as an examiner. A person is
qualified to receive a license as an examiner: A. Who establishes that he is a person of good moral character; and B. Who has passed an examination approved by the Department to determine his
competency to obtain a license to
practice as an examiner; and C. Who has had conferred upon him an academic degree, at the
baccalaureate level, from an accredited college or university; and D. Who has satisfactorily completed 6 months of study in detection of
deception, as prescribed by rule. Conviction of a misdemeanor involving moral turpitude or a felony may
be considered, but shall not be determinative, in determining whether an
applicant
is of good moral character. (Source: P.A. 92‑453, eff. 8‑21‑01.)
(225 ILCS 430/13)(from Ch. 111, par. 2414) (Section scheduled to be repealed on January 1, 2012) Sec. 13. The expiration
date and renewal period for each license issued under this Act shall be
set by rule. An examiner whose license has
expired may reinstate his license at any time within 5 years after the
expiration thereof, by making a renewal application therefor and by
paying the required fee. However, any examiner whose license
expired while he was (1) in Federal Service on active duty with the
Armed Forces of the United States, or the State Militia called into
service or training, or (2) in training or education under the
supervision of the United States preliminary to induction into the
military service, may have his license renewed, reinstated or restored
without paying any lapsed renewal and restoration fees if within 2
years after honorable
termination of such service, training or education except under
conditions other than honorable, he furnishes the Department with
satisfactory evidence to the effect that he has been so engaged and that
his service, training or education has been so terminated. A license or duplicate license must be prominently displayed at the
principal place of business of every examiner. Notice in writing shall be given to the Department by such license
holder of any change of principal business location whereupon, the
Department shall issue a new license for the unexpired period upon
payment of the required fee. A change of business location without
notification to the Department and without the issuance by it of a new
license shall automatically suspend the license theretofore issued. (Source: P.A. 84‑1299.)
(225 ILCS 430/14)(from Ch. 111, par. 2415) (Section scheduled to be repealed on January 1, 2012) Sec. 14. The Department may refuse to issue, may suspend or may revoke
a license for any one of the following grounds: A. Material misstatement in the application for original license or in
the application for any renewal license under this Act. B. Wilful disregard or violation of this Act or of any regulation or rule
issued pursuant thereto. C. Conviction in this or another State of any crime which is a felony
under the laws of this State or conviction of a felony in a federal court,
or conviction of a misdemeanor involving moral turpitude. D. Making any wilful misrepresentation or false promises or causing to
be printed any false or misleading advertisement for the purpose of directly
or indirectly obtaining business or trainees. E. Having demonstrated incompetency to act as an examiner as
defined under this Act. F. Allowing one's license under this Act to be used by an unlicensed
person in violation of this Act. G. Wilfully aiding or abetting another in the violation of this Act or
of any rule issued by the Department pursuant thereto. H. Where the license holder has been adjudged mentally ill, mentally
deficient or subject to involuntary admission as provided in the Mental
Health and Developmental Disabilities Code. I. Failing, within a reasonable time, to provide information requested
by the Department as the result of a formal or informal complaint to the
Department, which would indicate a violation of this Act. J. Failure to file a return, or to pay the tax, penalty or interest shown
in a filed return, or to pay any final assessment of tax, penalty or
interest, as required by any tax Act administered by the Illinois
Department of Revenue, until such time as the requirements of any such tax
Act are satisfied. (Source: P.A. 85‑1222.)
(225 ILCS 430/14.1)(from Ch. 111, par. 2415.1) (Section scheduled to be repealed on January 1, 2012) Sec. 14.1. No Examiner shall inquire into any of the following areas
during pre‑employment or periodic employment examinations, unless the area
is directly related to employment: (1) Religious beliefs or affiliations; (2) Beliefs or opinions regarding racial matters; (3) Political beliefs or affiliations; (4) Beliefs, affiliations or lawful activities regarding unions or labor
organizations; or (5) Sexual preferences or activity. (Source: P.A. 82‑200.)
(225 ILCS 430/15)(from Ch. 111, par. 2416) (Section scheduled to be repealed on January 1, 2012) Sec. 15. Any unlawful act or violation of any of the provisions of this Act
upon the part of any examiner or trainee, shall not be cause for revocation
of the license of any other examiner for whom the offending examiner may
have been employed, unless it shall appear that the examiner has wilfully
aided or abetted the actions or activities of the offending examiner or
trainee. (Source: Laws 1963, p. 3300.)
(225 ILCS 430/16)(from Ch. 111, par. 2417) (Section scheduled to be repealed on January 1, 2012) Sec. 16. The Department shall maintain a roster of the names and
addresses of all licensees and registrants and of all persons whose licenses
have been suspended or revoked within the previous year. This roster
shall be available
upon written request and payment of the required fee. (Source: P.A. 82‑200.)
(225 ILCS 430/17)(from Ch. 111, par. 2418) (Section scheduled to be repealed on January 1, 2012) Sec. 17. Complaints; investigations. The Department may upon its
own motion and shall, upon the verified
complaint in writing of any person setting forth facts which if proved
would constitute grounds for refusal, suspension or revocation of a license
under this Act, investigate the actions of any applicant or any
person or
persons holding or claiming to hold a license. The Department shall, before
refusing to issue and before suspension or revocation of a license, at
least 30 days prior to the date set for the hearing, notify in
writing the
applicant for, or holder of, a license of the nature of the charges and
that a hearing will be held on the date designated.
The Department shall
direct the applicant or licensee to file a written answer with the
Department under
oath within 20 days after the service of the notice and inform the applicant
or licensee that failure to file an answer will result in default being
taken against the applicant or licensee and that the license or certificate may
be
suspended, revoked, placed on probationary status, or other disciplinary
action may be taken, including limiting the scope, nature or extent of
practice, as the Director may deem proper.
In case the person fails to file an answer after receiving notice, his or
her license or certificate may, in the discretion of the Department, be
suspended, revoked, or placed on probationary status, or the Department may
take whatever disciplinary action deemed proper, including limiting the
scope, nature, or extent of the person's practice or the imposition of a
fine, without a hearing, if the act or acts charged constitute sufficient
grounds for such action under this Act.
The hearing shall
determine whether the applicant or holder, hereinafter called the
respondent is privileged to hold a license, and shall afford the
respondent an opportunity to be heard in person or by counsel in reference
thereto. Written notice may be served by delivery of the same
personally to the respondent at the address of his last notification to the
Department.
At the time and place fixed in the notice, the Department
shall
proceed to hear the charges and both the respondent and Department 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 their defense. The Department may
continue the hearing from time to time. (Source: P.A. 92‑453, eff. 8‑21‑01.)
(225 ILCS 430/18)(from Ch. 111, par. 2419) (Section scheduled to be repealed on January 1, 2012) Sec. 18. Stenographer; transcript; Hearing Officer report. The Department,
at its expense, shall provide a stenographer to
take down the testimony and preserve a record of all proceedings at the
hearing of any case involving the refusal to issue or the suspension or
revocation of a license. 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
orders of the Department shall be the records of the
proceedings. The Department shall furnish a transcript of the
record to any person or persons interested in the hearing upon
the payment of the fee required under Section 2105‑115 of the
Department of Professional Regulation Law (20 ILCS 2105/2105‑115). 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 Director and to all
parties to the proceeding. The Hearing Officer's findings of fact, conclusions of law, and
recommendations
shall be served upon the licensee in a
similar fashion as service of the notice of formal charges. Within 20 days
after the service, any party to the proceeding may
present to the Director a motion, in writing, specifying the particular grounds
for a rehearing. The Director, 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 subsequently filed
motions. After review of the information, the
Director may hear oral arguments and thereafter shall issue the order.
The report of findings of fact, conclusions of law, and
recommendations of the Hearing Officer shall be the basis for the Department's
order. If the Director finds that substantial
justice was not done, the Director may issue an order in contravention of the
Hearing Officer's recommendations. The Director shall promptly provide a
written explanation to all parties to the proceeding of any disagreement
with the Hearing Officer's recommendations. (Source: P.A. 91‑239, eff. 1‑1‑00; 92‑453, eff. 8‑21‑01.)
(225 ILCS 430/19)(from Ch. 111, par. 2420) (Section scheduled to be repealed on January 1, 2012) Sec. 19. Any circuit court may, upon application
of the Director or of the applicant or licensee against whom proceedings upon
Section 17 of this Act are pending, enter an order requiring the
attendance of witnesses and their testimony, and the production of
documents, papers, files, books and records in connection with any hearing
in any proceedings under that section. The court may compel
obedience to its order by proceedings for contempt. (Source: P.A. 83‑334.)
(225 ILCS 430/20)(from Ch. 111, par. 2421) (Section scheduled to be repealed on January 1, 2012) Sec. 20. Any person affected by a final administrative decision of the
Department may have such decision reviewed judicially by the circuit court
of the county wherein such person resides. If the plaintiff in the review
proceeding is not a resident of this State, the venue shall be in Sangamon
County. The provisions of the Administrative Review Law, and all amendments
and modifications thereof, and the rules adopted pursuant thereto, shall
apply to and govern all proceedings for the judicial review of final administrative
decisions of the Department hereunder. The term "administrative decision"
is defined as in Section 3‑101 of the Code of Civil Procedure. 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 which costs shall be computed at the
rate of 20 cents per page of such record. Exhibit shall be certified
without cost. Failure on the part of the Plaintiff to file such receipt in
court shall be grounds for dismissal of the action. (Source: P.A. 82‑783.)
(225 ILCS 430/21)(from Ch. 111, par. 2422) (Section scheduled to be repealed on January 1, 2012) Sec. 21. Upon the revocation or suspension of any license, the licensee
shall forthwith surrender the license or licenses to the Department and if
the licensee fails to do so, the Department shall have the right to seize
the same. (Source: Laws 1963, p. 3300.)
(225 ILCS 430/22)(from Ch. 111, par. 2423) (Section scheduled to be repealed on January 1, 2012) Sec. 22. Regulations; forms. The Director may issue
regulations, consistent with the provisions of this Act, for the
administration and enforcement thereof and may prescribe forms which shall
be issued in connection therewith. (Source: P.A. 92‑453, eff. 8‑21‑01.)
(225 ILCS 430/23)(from Ch. 111, par. 2424) (Section scheduled to be repealed on January 1, 2012) Sec. 23. Action or counterclaim. No action or counterclaim shall be
maintained by any person in any
court in this State with respect to any agreement or services for which a
license is required by this Act or to recover the agreed price or any
compensation under any such agreement, or for such services for which a
license is required by this Act without alleging and proving
that such
person had a valid license at the time of making such agreement or doing
such work. (Source: P.A. 92‑453, eff. 8‑21‑01.)
(225 ILCS 430/24)(from Ch. 111, par. 2425) (Section scheduled to be repealed on January 1, 2012) Sec. 24. Injunctions; cease and desist orders. If any person 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, apply, in the circuit court,
for an order enjoining such violation or for an order enforcing compliance
with this Act. Upon the filing of a verified complaint
in such court, the court or any judge thereof, if satisfied by affidavit
or otherwise that such person has violated this Act, may enter
a temporary restraining order or preliminary injunction, without notice
or bond, enjoining such continued violation, and if it is established that
such person has violated or is violating this Act, the Court may summarily
try and 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. The Department may conduct hearings and issue cease and desist orders with
respect to persons who engage in activities prohibited by this Act. Any
person in violation of a cease and desist order entered by the Department
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 in an amount up to $10,000. (Source: P.A. 92‑453, eff. 8‑21‑01.)
(225 ILCS 430/25)(from Ch. 111, par. 2426) (Section scheduled to be repealed on January 1, 2012) 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
Director; and
(b) the Director is duly appointed and qualified. (Source: P.A. 91‑357, eff. 7‑29‑99; 92‑453, eff. 8‑21‑01.)
(225 ILCS 430/26)(from Ch. 111, par. 2427) (Section scheduled to be repealed on January 1, 2012) Sec. 26. Fees. The Department shall provide by rule for a schedule of
fees for the administration and enforcement of this Act, including but not
limited to original licensure, renewal, and restoration. The fees shall be
nonrefundable. All fees collected under this Act shall be deposited into the
General Professions Dedicated Fund and shall be appropriated to the Department
for the ordinary and contingent expenses of the Department in the
administration of this Act. (Source: P.A. 91‑454, eff. 1‑1‑00.)
(225 ILCS 430/26.1)(from Ch. 111, par. 2427.1) (Section scheduled to be repealed on January 1, 2011) Sec. 26.1. 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 certificate or deny
the application, without hearing. If, after termination or denial, the
person seeks a license or certificate, he or she shall apply to the
Department for restoration or issuance of the license or certificate and
pay all fees and fines due to the Department. The Department may establish
a fee for the processing of an application for restoration of a license or
certificate to pay all expenses of processing this application. The Director
may waive the fines due under this Section in individual cases where the
Director finds that the fines would be unreasonable or unnecessarily
burdensome. (Source: P.A. 92‑146, eff. 1‑1‑02; 92‑453, eff. 8‑21‑01.)
(225 ILCS 430/27)(from Ch. 111, par. 2428) (Section scheduled to be repealed on January 1, 2012) Sec. 27. Should any one or more provisions of this Act be held invalid,
such invalidity shall in no manner affect any of the other provisions
hereof. (Source: Laws 1963, p. 3300.)
(225 ILCS 430/28)(from Ch. 111, par. 2429) (Section scheduled to be repealed on January 1, 2012) Sec. 28. Sentence. Violation of this Act is a Class B misdemeanor. All fines under this Act
shall inure and be paid to the County in which the prosecution is
maintained. (Source: P. A. 77‑2650.)
(225 ILCS 430/29)(from Ch. 111, par. 2430) (Section scheduled to be repealed on January 1, 2012) Sec. 29. Restoration of license. At any time after the suspension or
revocation of any license, the
Department may restore it to the accused person. (Source: P.A. 92‑453, eff. 8‑21‑01.)
(225 ILCS 430/30)(from Ch. 111, par. 2431) (Section scheduled to be repealed on January 1, 2012) Sec. 30. An applicant who is an Examiner, licensed under the laws of
another state or territory of the United States, may be issued a license
without examination by the Department, in its discretion, upon payment of a
fee as set by rule, and the production of satisfactory
proof: (a) that he is of good moral character; and (b) that the requirements for the licensing of Examiners in such
particular state or territory of the United States were, at the date of
licensing, substantially equivalent to the requirements then in force in
this State. (Source: P.A. 92‑453, eff. 8‑21‑01.)
(225 ILCS 430/32)(from Ch. 111, par. 2432) (Section scheduled to be repealed on January 1, 2012) Sec. 32. Public
Policy.
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. 78‑1223.)
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