There Is a Newer Version of the Illinois Compiled Statutes

2005 Illinois Code - 225 ILCS 410/ Barber, Cosmetology, Esthetics, and Nail Technology Act of 1985. Article IV - Administration & Enforcement

(225 ILCS 410/Art. IV heading)
ARTICLE IV

ADMINISTRATION & ENFORCEMENT

(225 ILCS 410/4‑1)(from Ch. 111, par. 1704‑1)

(Section scheduled to be repealed on January 1, 2016)

Sec. 4‑1. Powers and duties of Department.

The Department shall
exercise, subject to the provisions of this Act, the following functions,
powers and duties:

(1) To cause to be conducted examinations to

ascertain the qualifications and fitness of applicants for licensure as cosmetologists, estheticians, nail technicians, or barbers and as cosmetology, esthetics, nail technology, or barbering teachers.

(2) To determine the qualifications for licensure as

a cosmetologist, esthetician, nail technician, or barber or cosmetology, esthetics, nail technology, or barber teacher or cosmetology, esthetics, or nail technology clinic teachers for persons currently licensed as cosmetologists, estheticians, nail technicians, or barbers or cosmetology, esthetics, nail technology, or barber teachers or cosmetology, esthetics, or nail technology clinic teachers outside the State of Illinois or the continental U.S.

(3) To prescribe rules for:

(i) The method of examination of candidates for

licensure as a cosmetologist, esthetician, nail technician, or barber or cosmetology, esthetics, nail technology, or barbering teacher.

(ii) Minimum standards as to what constitutes an

approved school of cosmetology, esthetics, nail technology, or barbering.

(4) To conduct investigations or hearings on

proceedings to determine disciplinary action.

(5) To prescribe reasonable rules governing the

sanitary regulation and inspection of cosmetology, esthetics, nail technology, or barbering schools, salons, or shops.

(6) To prescribe reasonable rules for the method of

renewal for each license as a cosmetologist, esthetician, nail technician, or barber or cosmetology, esthetics, nail technology, or barbering teacher or cosmetology, esthetics, or nail technology clinic teacher.

(7) To prescribe reasonable rules for the method of

registration, the issuance, fees, renewal and discipline of a certificate of registration for the ownership or operation of cosmetology, esthetics, and nail technology salons and barber shops.

(Source: P.A. 94‑451, eff. 12‑31‑05.)

(225 ILCS 410/4‑1.5)

Sec. 4‑1.5. (Repealed).

(Source: P.A. 89‑706. eff. 1‑31‑97. Repealed by P.A. 94‑451, eff. 12‑31‑05.)

(225 ILCS 410/4‑2)(from Ch. 111, par. 1704‑2)

(Section scheduled to be repealed on January 1, 2016)

Sec. 4‑2.

The Barber, Cosmetology, Esthetics, and Nail Technology
Board.  There is established within the Department the Barber,
Cosmetology, Esthetics, and Nail Technology Board, composed of 11
persons, which shall serve in an advisory capacity to the Director
in all matters related to the practice of barbering, cosmetology,
esthetics, and nail technology.

The 11 members of the Board shall be appointed as follows: 6 licensed
cosmetologists, all of whom hold a
current license as a cosmetologist or cosmetology teacher and, for appointments
made
after the effective date of this amendatory Act of 1996, at least
2 of whom shall be an owner of or a major stockholder in a school
of cosmetology,
2 of whom shall be representatives of either a franchiser or an owner operating salons in 2 or more locations within the State, one of whom shall be
an independent salon owner,
and no one of the
cosmetologist members shall be a manufacturer, jobber, or stockholder in a
factory of
cosmetology articles or an immediate family member of any of the above; 2 of
whom shall be barbers holding a current license; one member who shall be a
licensed esthetician or esthetics teacher; one member who shall be a licensed
nail technician or nail technology teacher; and one public member who holds no
licenses issued by the Department.  The Director shall give due consideration for membership to
recommendations by members of the professions and by their professional
organizations.  Members shall serve 4 year terms and until their successors
are appointed and qualified.  No member shall be reappointed to the Board for more than 2
terms.  Appointments to fill vacancies shall be made in the same manner as
original appointments for the unexpired portion of the vacated term.   Members
of
the Board in office on the effective date of this amendatory Act of
 1996
shall continue to serve for the duration of the terms to which they have been
appointed, but beginning on that effective date all appointments of licensed
cosmetologists and barbers to serve as members of the Board shall be made
in a manner that will effect at the earliest possible date the changes made by
this amendatory Act of 1996 in the representative composition of
the
Board.

A majority of Board members then appointed constitutes a quorum.  A
majority of the quorum is required for a Board decision.

Whenever the Director is satisfied that substantial justice has
not been done in an examination, the Director may order a reexamination by the
same or other examiners.

(Source: P.A. 93‑253, eff. 7‑22‑03; 94‑451, eff. 12‑31‑05.)

(225 ILCS 410/4‑3)(from Ch. 111, par. 1704‑3)

(Section scheduled to be repealed on January 1, 2016)

Sec. 4‑3.

Applications.

Every person who desires to obtain a license shall
apply therefor to the Department
in writing, on forms prepared and furnished by the Department.
Each application shall contain proof of the particular qualifications
required of the applicant, shall be verified by the applicant under oath,
and shall be accompanied by the required fee.

(Source: P.A. 89‑387, eff. 1‑1‑96; 89‑706, eff. 1‑31‑97.)

(225 ILCS 410/4‑4)(from Ch. 111, par. 1704‑4)

(Section scheduled to be repealed on January 1, 2016)

Sec. 4‑4.

Issuance of license.

Whenever the provisions
of this Act have been complied with, the Department shall issue a license as a
cosmetologist, esthetician,
nail technician, or barber, a license as
a cosmetology, esthetics, nail technology, or barbering teacher,
or a license as a cosmetology, esthetics, or nail technology clinic teacher
as the case may be.

(Source: P.A. 89‑387, eff. 1‑1‑96; 90‑302, eff. 8‑1‑97.)

(225 ILCS 410/4‑4a)(from Ch. 111, par. 1704‑4a)

(Section scheduled to be repealed on January 1, 2016)

Sec. 4‑4a.

Renewal of license.

The expiration date and renewal period for
each license issued under this Act shall be
set by rule.

(Source: P.A. 89‑387, eff. 1‑1‑96.)

(225 ILCS 410/4‑5)(from Ch. 111, par. 1704‑5)

(Section scheduled to be repealed on January 1, 2016)

Sec. 4‑5.

Fees.

(a) Except as provided in paragraph (b) below, the fees for the
administration and enforcement of this Act, including but not limited
to fees for original licensure, renewal, and
restoration shall be set by the Department by rule.  The fees shall
not be refundable.

(b) Applicants for examination shall be required to pay, either
to the Department or the designated testing service, a fee covering
the cost of initial screening to determine eligibility and providing
the examination. Failure to appear for the examination on the scheduled
date at the time and place specified, after the applicant's application
for examination has been received and acknowledged by the Department
or the designated testing service, shall result in the forfeiture of the
examination fee.

(c) If an applicant fails to pass an examination for
licensure 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.

(d) An individual applying on the basis of endorsement or restoration of
licensure has 3 years from the date of application to complete the
application process.  If the process has not been completed in 3 years,
the application shall be denied, the fee forfeited.  The
applicant may reapply, but shall meet the requirements in effect at the
time of reapplication.

(e) An applicant has one year from the date of notification of
successful completion of the examination to apply to the Department for a
license.  If an applicant fails to apply within one year the applicant
shall be required to take and pass the examination again.

(Source: P.A. 89‑387, eff. 1‑1‑96.)

(225 ILCS 410/4‑5.1)

(Section scheduled to be repealed on January 1, 2016)

Sec. 4‑5.1.

Deposit of fees and fines.

Beginning July 1, 1995, all of the
fees and fines collected under this Act shall be deposited into the General
Professions Dedicated Fund.

The funds deposited under this Act into the General Professions Dedicated
Fund, may be used by the Department to publish and distribute a newsletter to
all persons licensed under this Act; such a newsletter should contain
information about any changes in the Act or administrative rules concerning
cosmetologists, cosmetology teachers, or cosmetology clinic teachers.  If
appropriate funding is available, the Department may also distribute to all
persons licensed under this Act copies of this Act and the appropriate
administrative rules that apply, during the renewal process.

(Source: P.A. 90‑602, eff. 1‑1‑99.)

(225 ILCS 410/4‑6)(from Ch. 111, par. 1704‑6)

(Section scheduled to be repealed on January 1, 2016)

Sec. 4‑6.

Payments; penalty for insufficient funds.

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.)

(225 ILCS 410/4‑7)(from Ch. 111, par. 1704‑7)

(Section scheduled to be repealed on January 1, 2016)

Sec. 4‑7.

Refusal, suspension and revocation of licenses; causes;
disciplinary action.

(1) The Department may refuse to issue or renew, and
may suspend, revoke, place on probation, reprimand or take any other
disciplinary action as the Department may deem proper, including civil
penalties not to exceed $500 for each violation, with regard to any
license for any one, or any combination, of
the
following causes:

a. Conviction of any crime under the laws of the

United States or any state or territory thereof that is (i) a felony, (ii) a misdemeanor, an essential element of which is dishonesty, or (iii) a crime which is related to the practice of the profession.

b. Conviction of any of the violations listed in

Section 4‑20.

c. Material misstatement in furnishing information

to the Department.

d. Making any misrepresentation for the purpose of

obtaining a license or violating any provision of this Act or its rules.

e. Aiding or assisting another person in violating

any provision of this Act or its rules.

f. Failing, within 60 days, to provide information

in response to a written request made by the Department.

g. Discipline by another state, territory, or

country if at least one of the grounds for the discipline is the same as or substantially equivalent to those set forth in this Act.

h. Practice in the barber, nail technology,

esthetics, or cosmetology profession, or an attempt to practice in those professions, by fraudulent misrepresentation.

i. Gross malpractice or gross incompetency.

j. Continued practice by a person knowingly having

an infectious or contagious disease.

k. Solicitation of professional services by using

false or misleading advertising.

l. A finding by the Department that the licensee,

after having his or her license placed on probationary status, has violated the terms of probation.

m. Directly or indirectly giving to or receiving

from any person, firm, corporation, partnership or association any fee, commission, rebate, or other form of compensation for any professional services not actually or personally rendered.

n. Violating any of the provisions of this Act or

rules adopted pursuant to this Act.

o. Willfully making or filing false records or

reports relating to a licensee's practice, including but not limited to, false records filed with State agencies or departments.

p. Habitual or excessive use addiction to alcohol,

narcotics, stimulants, or any other chemical agent or drug that results in the inability to practice with reasonable judgment, skill or safety.

q. Engaging in dishonorable, unethical or

unprofessional conduct of a character likely to deceive, defraud, or harm the public as may be defined by rules of the Department, or violating the rules of professional conduct which may be adopted by the Department.

r. Permitting any person to use for any unlawful or

fraudulent purpose one's diploma or license or certificate of registration as a cosmetologist, nail technician, esthetician, or barber or cosmetology, nail technology, esthetics, or barbering teacher or salon or shop or cosmetology, esthetics, or nail technology clinic teacher.

s. Being named as a perpetrator in an indicated

report by the Department of Children and Family Services under the Abused and Neglected Child Reporting Act and upon proof by clear and convincing evidence that the licensee has caused a child to be an abused child or neglected child as defined in the Abused and Neglected Child Reporting Act.

(2) In rendering an order, the Director shall take into
consideration the facts and circumstances involving the type of acts
or omissions in paragraph (1) of this Section including, but not limited to:

(a) the extent to which public confidence in the

cosmetology, nail technology, esthetics, or barbering profession was, might have been, or may be, injured;

(b) the degree of trust and dependence among the

involved parties;

(c) the character and degree of harm which did

result or might have resulted;

(d) the intent or mental state of the licensee at

the time of the acts or omissions.

(3) The Department shall reissue the license or registration upon
certification by the Committee that the disciplined licensee or registrant
has complied with all of the terms and conditions set forth in the final
order or has been sufficiently rehabilitated to warrant the public trust.

(4) The Department may refuse to issue or may suspend the license or
certificate of registration
of any person who fails to file a return, or to pay the tax, penalty or
interest shown in a filed return, or to pay any final assessment of tax,
penalty or interest, as required by any tax Act administered by the
Illinois Department of Revenue, until such time as the requirements of any
such tax Act are satisfied.

(5) The Department shall deny without hearing any application for a
license or renewal of a license under this Act by a person who has defaulted on
an educational loan guaranteed by the Illinois Student Assistance Commission;
however, the Department may issue or renew a license if the person in default
has established a satisfactory repayment record as determined by the Illinois
Student Assistance Commission.

(Source: P.A. 89‑387, eff. 1‑1‑96; 90‑302, eff. 8‑1‑97.)

(225 ILCS 410/4‑8)(from Ch. 111, par. 1704‑8)

(Section scheduled to be repealed on January 1, 2016)

Sec. 4‑8.

Persons in need of
mental treatment.

The determination by a circuit
court that a licensee is
subject to involuntary admission or judicial admission as provided
in the Mental Health and Developmental Disabilities Code operates as an
automatic suspension.  Such suspension shall end only upon a finding
by a court that the patient is no longer subject to involuntary
admission or judicial admission and issues an order so finding and
discharging the patient; and upon the recommendation of the
Committee to the Director that the licensee be allowed to
resume his practice.

(Source: P.A. 89‑387, eff. 1‑1‑96.)

(225 ILCS 410/4‑9)(from Ch. 111, par. 1704‑9)

(Section scheduled to be repealed on January 1, 2016)

Sec. 4‑9.

Practice without a license or after suspension or revocation
thereof.

(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, petition, for an order
enjoining such violation or for an order enforcing compliance with
this Act.  Upon the filing of a verified petition in such court, the
court may issue a temporary restraining order, without notice or
bond, and may preliminarily and permanently enjoin such violation,
and if it is established that such person has violated or is
violating the injunction, the Court may punish the offender for
contempt of court.  Proceedings under this Section shall be in
addition to, and not in lieu of, all other remedies and penalties
provided by this Act.

(b) If any person shall practice as a barber, cosmetologist, nail
technician, or esthetician, or teacher thereof or cosmetology, esthetics, or
nail technology clinic teacher or hold himself out as such
without being licensed under the provisions of this Act, any
licensee, 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) Whenever in the opinion of the Department any 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
him.  The rule shall clearly set forth the grounds relied upon by
the Department and shall provide a period of 7 days from the date of
the rule to file an answer to the satisfaction of the Department.
Failure to answer to the satisfaction of the Department shall cause
an order to cease and desist to be issued immediately.

(Source: P.A. 89‑387, eff. 1‑1‑96; 90‑302, eff. 8‑1‑97.)

(225 ILCS 410/4‑10)(from Ch. 111, par. 1704‑10)

(Section scheduled to be repealed on January 1, 2016)

Sec. 4‑10.

Refusal, suspension and revocation of
licenses; investigations and hearing.

The Department may upon its own motion and shall, upon the
verified complaint in writing of any person setting forth the facts
which if proven would constitute grounds for disciplinary action as
set forth in Section 4‑7, investigate the actions of any person
holding or claiming to hold a license.
The Department shall, at least 30 days prior to the date set for
the hearing, notify in writing the applicant or the holder of that license of any charges made and shall afford the accused person
an opportunity to be heard in person or by counsel in reference
thereto.  The Department shall
direct the applicant or licensee to file a written answer to the Board 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
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.
The written notice may be served by the delivery of the
notice personally to the accused person, or by mailing the notice by
registered or certified mail to the place of business last specified by the
accused person in his last notification
to the Department.
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.
At the time and place fixed in the notice, the
Committee designated by the Director,
as provided in this Act, shall proceed to hearing of the
charges and both the accused person and the complainant shall be
accorded ample opportunity to present in person or by counsel, any
statements, testimony, evidence and arguments as may be pertinent to
the charges or their defense. The Committee may continue a
hearing from time to time. If the Committee is not sitting at the
time and place fixed in the notice or at the time and place to which
hearing has been continued, the Department shall continue the
hearing for not more than 30 days.

(Source: P.A. 89‑387, eff. 1‑1‑96.)

(225 ILCS 410/4‑11)(from Ch. 111, par. 1704‑11)

(Section scheduled to be repealed on January 1, 2016)

Sec. 4‑11.

Record of proceedings.


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 wherein a license is revoked or
suspended.  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
Committee and the orders of the Department shall be the record of
such proceedings.

(Source: P.A. 89‑387, eff. 1‑1‑96.)

(225 ILCS 410/4‑12)(from Ch. 111, par. 1704‑12)

(Section scheduled to be repealed on January 1, 2016)

Sec. 4‑12.

Department may take testimony ‑ oaths.

The Department shall have 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 prescribed by law in judicial procedure in civil cases in
courts of this State.

The Director and any member of the Committee shall
each have power to administer oaths to witnesses at any hearing
which the Department is authorized by law to conduct, and any other
oaths required or authorized in any Act administered by the Department.

(Source: P.A. 84‑657.)

(225 ILCS 410/4‑13)(from Ch. 111, par. 1704‑13)

(Section scheduled to be repealed on January 1, 2016)

Sec. 4‑13.

Attendance of witnesses and production of
documents.

Any circuit court or any judge thereof, upon
the application of the accused person or complainant or
of the Department, may by order duly entered, require the
attendance of witnesses and the production of relevant books
and papers before the Department in any hearing relative to
the application for or refusal, recall, suspension or
revocation of license, and the court
or judge may compel obedience to its or his order by
proceedings for contempt.

(Source: P.A. 89‑387, eff. 1‑1‑96.)

(225 ILCS 410/4‑14)(from Ch. 111, par. 1704‑14)

(Section scheduled to be repealed on January 1, 2016)

Sec. 4‑14.

Report of committee; rehearing.


The Committee shall present to the Director its written report
of its findings and recommendations.  A copy of such report shall be
served upon the accused person, either personally or by registered mail as
provided in this Section for the service of the citation.
Within 20 days after such service, said accused person may
present to the Department his motion in writing for rehearing, which
written motion shall specify the particular grounds therefor.  If
said accused person shall order and pay for a transcript of the
record as provided in this Section, the time elapsing thereafter and
before such transcript is ready for delivery to him shall not be
counted as part of such 20 days.
Whenever the Director is satisfied that substantial justice has
not been done, he may order a re‑hearing by the same or a
special committee.  At the expiration of the time specified for
filing a motion or a rehearing the Director shall have the right to
take the action recommended by the Committee.  Upon the suspension
or revocation of his or her license a
licensee shall be required to surrender his or her
license to the Department, and upon his or
her failure or refusal so to do, the Department shall have the right to seize
the same.

(Source: P.A. 89‑387, eff. 1‑1‑96.)

(225 ILCS 410/4‑15)(from Ch. 111, par. 1704‑15)

(Section scheduled to be repealed on January 1, 2016)

Sec. 4‑15.

Hearing officer.


Notwithstanding the provisions of Section 4‑10, the Director shall
have the authority to appoint any attorney duly licensed to practice
law in the State of Illinois to serve as the hearing officer in any
action for refusal to issue or renew, or discipline of a
license.  The hearing officer shall have full
authority to conduct the hearing.  The hearing officer shall report
his findings and recommendations to the Committee and the Director.
The Committee shall have 60 days from receipt of the report to
review the report of the hearing officer and present their findings
of fact, conclusions of law and recommendations to the Director.  If
the Committee 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 determines that the Committee's report is
contrary to the manifest weight of the evidence, he may issue an
order in contravention of the Committee's report.

(Source: P.A. 89‑387, eff. 1‑1‑96.)

(225 ILCS 410/4‑16)(from Ch. 111, par. 1704‑16)

(Section scheduled to be repealed on January 1, 2016)

Sec. 4‑16.

Order or certified copy; prima facie proof.


An order of revocation or suspension 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:

1. the signature is the genuine signature of the

Director;

2. the Director is duly appointed and qualified;
and

3. the Committee and the members thereof are

qualified to act.

Such proof may be rebutted.

(Source: P.A. 91‑357, eff. 7‑29‑99.)

(225 ILCS 410/4‑17)(from Ch. 111, par. 1704‑17)

(Section scheduled to be repealed on January 1, 2016)

Sec. 4‑17.

Restoration of license.

At any time after the suspension or
revocation of any certificate, the Department may restore it to the accused
person without examination, upon the written recommendation of the Committee.

(Source: P.A. 89‑387, eff. 1‑1‑96.)

(225 ILCS 410/4‑18)(from Ch. 111, par. 1704‑18)

(Section scheduled to be repealed on January 1, 2016)

Sec. 4‑18.

Revocation or suspension; right to seize.


Upon the revocation or suspension of any license, the
licensee shall forthwith surrender the license to the
Department and if the licensee fails to do so, the Department shall have the
right to seize the
license.

(Source: P.A. 89‑387, eff. 1‑1‑96.)

(225 ILCS 410/4‑19)(from Ch. 111, par. 1704‑19)

(Section scheduled to be repealed on January 1, 2016)

Sec. 4‑19.

Emergency suspension.

The Director may temporarily suspend
the license of a barber, cosmetologist, nail technician, esthetician or
teacher thereof or of a cosmetology, esthetics, or nail technology clinic
teacher without a hearing, simultaneously with the institution of
proceedings for a hearing provided for in Section 4‑10 of this Act, if the
Director finds that evidence in his possession indicates that the
licensee's continuation in practice would constitute an
imminent danger
to the public.  In the event that the Director suspends, temporarily, this
license without a hearing, a hearing must be held within 30 days after
such suspension has occurred.

(Source: P.A. 89‑387, eff. 1‑1‑96; 90‑302, eff. 8‑1‑97.)

(225 ILCS 410/4‑20)(from Ch. 111, par. 1704‑20)

(Section scheduled to be repealed on January 1, 2016)

Sec. 4‑20.

Violations; penalties.

Whoever violates any of the following
shall, for the first offense, be guilty of a Class B misdemeanor; for the
second offense, shall be guilty of a Class A misdemeanor; and for all
subsequent offenses, shall be guilty of a Class 4 felony and be fined not
less than $1,000 or more than $5,000.

(1) The practice of cosmetology, nail technology, esthetics or
barbering
or an attempt to practice cosmetology, nail technology, esthetics, or
barbering without a license as a
cosmetologist, nail technician, esthetician or barber or a
cosmetology, nail technology, esthetics, or barbering teacher without a
license as a cosmetology, nail technology,
esthetics or barbering teacher or as a cosmetology, esthetics, or nail
technology clinic teacher without a proper license.

(2) The obtaining of or an attempt to obtain a
license
or money or any other thing of value by fraudulent misrepresentation.

(3) Practice in the barber, nail technology, cosmetology or
esthetic
profession, or an attempt to practice in those professions by fraudulent
misrepresentation.

(4) Wilfully making any false oath or affirmation whenever an
oath
or affirmation is required by this Act.

(5) The violation of any of the provisions of this Act.

(Source: P.A. 89‑387, eff. 1‑1‑96; 90‑302, eff. 8‑1‑97.)

(225 ILCS 410/4‑21)(from Ch. 111, par. 1704‑21)

(Section scheduled to be repealed on January 1, 2016)

Sec. 4‑21.

Review under Administrative Review Law ‑ venue.

All final administrative decisions of the Department are subject
to judicial review pursuant to the provisions of the Administrative
Review Law, and all rules adopted pursuant thereto.  The term
"administrative decision" is defined 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; except, that if the party is not a resident of this State,
the venue shall be Sangamon County.

(Source: P.A. 84‑657.)

(225 ILCS 410/4‑22)(from Ch. 111, par. 1704‑22)

(Section scheduled to be repealed on January 1, 2016)

Sec. 4‑22.

Certifications of record; costs.

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.  Failure on the part of the  plaintiff to file a receipt in Court
shall be grounds for  dismissal of the action.

(Source: P.A. 87‑1031.)

(225 ILCS 410/4‑23)

(Section scheduled to be repealed on January 1, 2016)

Sec. 4‑23.

Penalties for failure to receive required continuing education
credits.

(a) In the first 2‑year cycle in which a licensee does not obtain his or her
continuing education hours, the Department shall place him or her on
probation.  If the
licensee does obtain his or her continuing education hours prior to his or
her next renewal,
the Department shall restore his or her license to good standing.

(b) In the second consecutive 2‑year cycle in which a licensee does not
obtain his or her continuing education hours, he or she shall be placed or
continued on
probation, be fined,
and be issued notice by the Department that license revocation will occur if he
or
she does not receive the continuing education hours required prior to his or
her next renewal.
 If the licensee does obtain his or her continuing education hours prior to
his or her next
renewal, he or she shall remain on probation but shall not be fined pursuant
to
subsection (a).

(c) In the third consecutive 2‑year cycle in which a licensee does not
obtain his or her continuing education hours, his or her license shall be
revoked.  The
Department shall promulgate rules and regulations governing the reissuance of a
license that has been revoked.  These rules and regulations shall take into
account that the licensee already has been licensed and received the training
necessary for such a license.

(d) This Section shall not apply to any person who has applied for a
waiver of
the
continuing education requirements under Section 3‑7, 3A‑6, or 3C‑8 of this
Act.

(Source: P.A. 91‑863, eff. 7‑1‑00.)

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