Bill Text: IL HB0532 | 2013-2014 | 98th General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Savings and Loan Share and Account Act. Makes a technical change in a Section concerning the short title.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2013-08-16 - Public Act . . . . . . . . . 98-0363 [HB0532 Detail]

Download: Illinois-2013-HB0532-Amended.html

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Rep. Michael J. Zalewski

Filed: 5/7/2013

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AMENDMENT TO HOUSE BILL 532
AMENDMENT NO. ______. Amend House Bill 532 by replacing
everything after the enacting clause with the following:
"Section 5. The Regulatory Sunset Act is amended by
changing Section 4.24 and by adding Section 4.34 as follows:
(5 ILCS 80/4.24)
Sec. 4.24. Acts and Section repealed on January 1, 2014.
The following Acts and Section of an Act are repealed on
January 1, 2014:
The Electrologist Licensing Act.
The Illinois Certified Shorthand Reporters Act of 1984.
The Illinois Occupational Therapy Practice Act.
The Illinois Public Accounting Act.
The Private Detective, Private Alarm, Private Security,
Fingerprint Vendor, and Locksmith Act of 2004.
The Registered Surgical Assistant and Registered Surgical

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Technologist Title Protection Act.
Section 2.5 of the Illinois Plumbing License Law.
The Veterinary Medicine and Surgery Practice Act of 2004.
(Source: P.A. 97-1139, eff. 12-28-12.)
(5 ILCS 80/4.34 new)
Sec. 4.34. Act repealed on January 1, 2024. The following
Act is repealed on January 1, 2024:
The Electrologist Licensing Act.
Section 10. The Electrologist Licensing Act is amended by
changing Sections 10, 25, 32, 40, 55, 60, 65, 70, 75, 85, 90,
95, 100, 105, 110, 115, 120, 125, 130, 135, 145, 155, and 162
and by adding Section 157 as follows:
(225 ILCS 412/10)
(Section scheduled to be repealed on January 1, 2014)
Sec. 10. Definitions. In this Act:
"Address of Record" means the designated address recorded
by the Department in the applicant's or licensee's application
file or license file as maintained by the Department's
licensure maintenance unit. It is the duty of the applicant or
licensee to inform the Department of any change of address, and
those changes must be made either through the Department's
website or by contacting the Department.
"Department" means the Department of Financial and

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Professional Regulation.
"Director" means the Director of Professional Regulation.
"Electrologist" means an individual licensed to practice
electrology pursuant to the provisions of this Act.
"Electrology" means the practice or teaching of services
for permanent hair removal utilizing only solid probe electrode
type epilation, which may include thermolysis (shortwave, high
frequency), electrolysis (galvanic), or a combination of both
(superimposed or sequential blend).
"Secretary" means the Secretary of Financial and
Professional Regulation.
(Source: P.A. 92-750, eff. 1-1-03.)
(225 ILCS 412/25)
(Section scheduled to be repealed on January 1, 2014)
Sec. 25. Application. 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 is not refundable. The application shall require any
information as, in the judgment of the Department, will enable
the Department to pass on the qualifications of the applicant
for a license. The application shall include evidence of
passage of an examination recognized by the Department.
Applicants have 3 years after the date of application to
complete the application process. If the process has not been
completed within 3 years, the application shall be denied, the

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fee forfeited, and the applicant must reapply and meet the
requirements in effect at the time of reapplication.
(Source: P.A. 92-750, eff. 1-1-03.)
(225 ILCS 412/32)
(Section scheduled to be repealed on January 1, 2014)
Sec. 32. Social Security number on license application. In
addition to any other information required to be contained in
the application, every application for an original license
under this Act shall include the applicant's social security
number, which shall be retained in the agency's records
pertaining to the license. As soon as practical, the Department
shall assign a customer's identification number to each
applicant for a license.
Every application for a renewed, reinstated, renewal or
restored license shall require the applicant's customer
identification number.
(Source: P.A. 97-400, eff. 1-1-12.)
(225 ILCS 412/40)
(Section scheduled to be repealed on January 1, 2014)
Sec. 40. Administrative Procedure Act. The Illinois
Administrative Procedure Act is hereby expressly adopted and
incorporated in this Act as if all of the provisions of the
Illinois Administrative Procedure Act where included in this
Act, except that the provision of paragraph (d) (c) of Section

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10-65 of the Illinois Administrative Procedure Act, which
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 considered to be sufficient when mailed to the
licensee's address of record last known address of the party.
(Source: P.A. 92-750, eff. 1-1-03.)
(225 ILCS 412/55)
(Section scheduled to be repealed on January 1, 2014)
Sec. 55. Endorsement. Pursuant to the rules of the
Department, upon payment of the required fee, an applicant who
has been licensed in another state that has substantially the
same requirements as those required for licensure under the
provisions of this Act may be granted a license as an
electrologist.
Applicants for licensure by endorsement have 3 years after
the date of application to complete the application process. If
the process has not been completed within 3 years, the
application shall be denied, the fee forfeited, and the
applicant must reapply and meet the requirements in effect at
the time of reapplication.
(Source: P.A. 92-750, eff. 1-1-03.)

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(225 ILCS 412/60)
(Section scheduled to be repealed on January 1, 2014)
Sec. 60. Renewal; armed service duty. The expiration date
and renewal period for each license issued under this Act shall
be set by rule. Renewal shall be conditioned on paying the
required fee and meeting other requirements as may be
established by rule. All renewal applicants shall provide proof
of having met the continuing education requirements in
accordance with rules established by the Department, approved
by the Department consisting of the equivalent of 30 hours of
continuing education every 24 months. The continuing education
requirement may be waived in part or in whole for such good
cause, including but not limited to illness or hardship, as may
be determined by rule.
Any electrologist who has permitted a license to expire or
who has a license on inactive status may have the license
restored by submitting an application to the Department, filing
proof acceptable to the Department of fitness to have the
license restored, and paying the required fees. Proof of
fitness may include sworn evidence certifying to active lawful
practice in another jurisdiction.
The Department shall determine, by an evaluation process
established by rule, a person's fitness for restoration of a
license and shall establish procedures and requirements for
restoration.
Any electrologist whose license expired while (i) on active

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duty with the Armed Forces of the United States, or the State
Militia called into service or training, or (ii) in training or
education under the supervision of the United States
preliminary to induction into the military service, may have
the license restored without paying any lapsed renewal fees if,
within 2 years after honorable termination of service, training
or education, the licensee furnishes the Department with
satisfactory evidence to the effect that the licensee has been
so engaged and that the service, training, or education has
been so terminated.
(Source: P.A. 92-750, eff. 1-1-03.)
(225 ILCS 412/65)
(Section scheduled to be repealed on January 1, 2014)
Sec. 65. Inactive status; restoration.
(a) Any electrologist who notifies the Department in
writing on forms prescribed by the Department may elect to
place a license on inactive status and shall, subject to rules
of the Department, be excused from payment of renewal fees
until the Department is notified in writing of the intention to
restore the license.
(b) Any electrologist who has permitted a license to expire
or who has a license on inactive status may have the license
restored by submitting an application to the Department, filing
proof acceptable to the Department of fitness to have the
license restored, and paying the required fees. Proof of

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fitness may include sworn evidence certifying to active lawful
practice in another jurisdiction. The Department shall
determine, by an evaluation process established by rule, a
person's fitness for restoration of a license and shall
establish procedures and requirements for restoration.
(c) Any electrologist whose license expired while (i) on
active duty with the Armed Forces of the United States or the
State Militia called into service or training, or (ii) in
training or education under the supervision of the United
States preliminary to induction into the military service, may
have the license restored without paying any lapsed renewal
fees if, within 2 years after honorable termination of service,
training, or education, the licensee furnishes the Department
with satisfactory evidence that the licensee has been so
engaged and that the service, training, or education has been
so terminated.
(d) An electrologist requesting restoration from inactive
status shall be required to pay the current renewal fee and
shall be required to follow procedures to restore the license
as provided in this Section Section 60 of this Act.
(e) An electrologist whose license is on inactive or
non-renewed status shall not practice in the State of Illinois.
A licensee who engages in practice with an inactive or
non-renewed a lapsed license or a license on inactive status
shall be considered to be practicing without a license, which
shall be grounds for discipline under Section 75 of this Act.

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(Source: P.A. 92-750, eff. 1-1-03.)
(225 ILCS 412/70)
(Section scheduled to be repealed on January 1, 2014)
Sec. 70. Fees; returned checks.
(a) 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.
(b) 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.
(c) A 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 fees and fines
shall be paid to the Department by certified check or money
order within 30 calendar days of the notification. If, after
the expiration of 30 days from the date of the notification,
the person has failed to submit the necessary remittance, the
Department shall automatically terminate the license or deny

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the application without a hearing. If the person seeks a
license after termination or denial, he or she shall apply to
the Department for restoration or issuance of the license and
pay all fees and fines due to the Department. The Department
may establish a fee for the processing of an application for
restoration of a license to defray the expenses of processing
the application. The Secretary Director may waive the fines due
under this Section in individual cases if the Secretary
Director finds that the fines would be unreasonable or
unnecessarily burdensome.
(Source: P.A. 92-750, eff. 1-1-03.)
(225 ILCS 412/75)
(Section scheduled to be repealed on January 1, 2014)
Sec. 75. Grounds for discipline.
(a) The Department may refuse to issue or renew and may
revoke or suspend a license under this Act, and may place on
probation, censure, reprimand, or take other disciplinary or
non-disciplinary action with regard to any licensee under this
Act, as the Department may consider appropriate proper,
including imposing the issuance of fines not to exceed $10,000
$5,000 for each violation and assess costs as provided for
under Section 95 of this Act, for one or any combination of the
following causes:
(1) Material misstatement in furnishing information to
the Department.

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(2) Violation of this Act or its rules adopted under
this Act.
(3) Conviction by plea of guilty or nolo contendere,
finding of guilt, jury verdict, or entry of judgment or
sentencing, including, but not limited to, convictions,
preceding sentences of supervision, conditional discharge,
or first offender probation, under the laws of any
jurisdiction of the United States that is (i) a felony or
(ii) a misdemeanor, an essential element of which is
dishonesty, or that is directly related to the practice of
electrology of any felony under the laws of any U.S.
jurisdiction, any misdemeanor an essential element of
which is dishonesty, or any crime that is directly related
to the practice of the profession.
(4) Fraud or Making any misrepresentation in applying
for or procuring a license under this Act, or in connection
with applying for renewal of a license under this Act for
the purpose of obtaining a license.
(5) Aiding or assisting another person in violating any
provision of this Act or its rules.
(6) Failing to provide information within 60 days in
response to a written request made by the Department.
(7) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public.
(8) Habitual or excessive use or abuse of drugs defined

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in law as controlled substances, addiction to alcohol,
narcotics, stimulants, or any other substance chemical
agent or drug that results in an electrologist's inability
to practice with reasonable judgment judgement, skill, or
safety.
(9) Discipline by another governmental agency, unit of
government, U.S. jurisdiction, or foreign nation if at
least one of the grounds for discipline is the same as or
substantially equivalent to any of those set forth in this
Act.
(10) 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. Nothing in this paragraph (10) affects any bona
fide independent contractor or employment arrangements
among health care professionals, health facilities, health
care providers, or other entities, except as otherwise
prohibited by law. Any employment arrangements with health
care providers may include provisions for compensation,
health insurance, pension, or other employment benefits
for the provision of services within the scope of the
licensee's practice under this Act. Nothing in this
paragraph (10) shall be construed to require an employment
arrangement to receive professional fees for services
rendered.

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(11) A finding by the Department that the licensee,
after having his or her license placed on probationary
status, has violated the terms of probation.
(12) Abandonment of a patient.
(13) Willfully making or filing false records or
reports in the licensee's practice, including, but not
limited to, false records filed with State agencies or
departments.
(14) Mental or physical Physical illness or
disability, including, but not limited to, deterioration
through the aging process or loss of motor skill that
results in the inability to practice the profession with
reasonable judgment, skill, or safety.
(15) Negligence Gross negligence in his or her practice
under this Act.
(16) Use of fraud, deception, or any unlawful means in
applying for and securing a license as an electrologist.
(17) Immoral conduct in the commission of any act, such
as sexual abuse, sexual misconduct, or sexual
exploitation, related to the licensee's practice.
(18) Failure to comply with standards of sterilization
and sanitation as defined in the rules of the Department.
(19) Charging for professional services not rendered,
including filing false statements for the collection of
fees for which services are not rendered.
(20) Allowing one's license under this Act to be used

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by an unlicensed person in violation of this Act.
(b) The Department may refuse to issue or renew or may
suspend without hearing the license of any person who fails to
file a return, to pay the tax, penalty or interest shown in a
filed return, or to pay any final assessment of the tax,
penalty, or interest as required by any tax Act administered by
the Illinois Department of Revenue until the requirements of
the tax Act are satisfied in accordance with subsection (g) of
Section 2105-15 of the Department of Professional Regulation
Law of the Civil Administrative Code of Illinois.
(c) 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. The suspension will
end only upon a finding by a court that the patient is no
longer subject to involuntary admission or judicial admission,
the issuance of an order so finding and discharging the
patient, and the filing of a petition for restoration
demonstrating fitness to practice the recommendation of the
Committee to the Director that the licensee be allowed to
resume his or her practice.
(d) In enforcing this Section, the Department, upon a
showing of a possible violation, may compel any individual who
is licensed to practice under this Act or any individual who
has applied for licensure to submit to a mental or physical
examination and evaluation, or both, that may include a

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substance abuse or sexual offender evaluation, at the expense
of the Department. The Department shall specifically designate
the examining physician licensed to practice medicine in all of
its branches or, if applicable, the multidisciplinary team
involved in providing the mental or physical examination and
evaluation, or both. The multidisciplinary team shall be led by
a physician licensed to practice medicine in all of its
branches and may consist of one or more or a combination of
physicians licensed to practice medicine in all of its
branches, licensed chiropractic physicians, licensed clinical
psychologists, licensed clinical social workers, licensed
clinical professional counselors, and other professional and
administrative staff. Any examining physician or member of the
multidisciplinary team may require any person ordered to submit
to an examination and evaluation pursuant to this Section to
submit to any additional supplemental testing deemed necessary
to complete any examination or evaluation process, including,
but not limited to, blood testing, urinalysis, psychological
testing, or neuropsychological testing person licensed to
practice under this Act or who has applied for licensure or
certification 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 Department. The
Department may order the examining physician to present
testimony concerning this mental or physical examination of the

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licensee or applicant. No information shall be excluded by
reason of any common law or statutory privilege relating to
communications between the licensee or applicant and the
examining physician. The 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 license until
the person submits to the examination if the Department finds,
after notice and hearing, that the refusal to submit to the
examination was without reasonable cause.
The Department may order the examining physician or any
member of the multidisciplinary team to provide to the
Department any and all records, including business records,
that relate to the examination and evaluation, including any
supplemental testing performed. The Department may order the
examining physician or any member of the multidisciplinary team
to present testimony concerning this examination and
evaluation of the licensee, permit holder, or applicant,
including testimony concerning any supplemental testing or
documents relating to the examination and evaluation. No
information, report, record, or other documents in any way
related to the examination and evaluation shall be excluded by
reason of any common law or statutory privilege relating to
communication between the licensee or applicant and the
examining physician or any member of the multidisciplinary

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team. No authorization is necessary from the licensee or
applicant ordered to undergo an evaluation and examination for
the examining physician or any member of the multidisciplinary
team to provide information, reports, records, or other
documents or to provide any testimony regarding the examination
and evaluation. The individual to be examined may have, at his
or her own expense, another physician of his or her choice
present during all aspects of the examination.
Failure of any individual to submit to mental or physical
examination and evaluation, or both, when directed, shall
result in an automatic suspension without hearing, until such
time as the individual submits to the examination. If the
Department finds a licensee unable to practice because of the
reasons set forth in this Section, the Department shall require
the licensee to submit to care, counseling, or treatment by
physicians approved or designated by the Department as a
condition for continued, reinstated, or renewed licensure to
practice.
When the Secretary immediately suspends a license under
this Section, a hearing upon the person's license must be
convened by the Department within 15 days after the suspension
and completed without appreciable delay. The Department shall
have the authority to review the licensee's record of treatment
and counseling regarding the impairment to the extent permitted
by applicable federal statutes and regulations safeguarding
the confidentiality of medical records.

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Individuals licensed under this Act affected under this
Section shall be afforded an opportunity to demonstrate to the
Department that they can resume practice in compliance with
acceptable and prevailing standards under the provisions of
their license.
(e) The Department shall deny a license or renewal
authorized by this Act to a person who has defaulted on an
educational loan or scholarship provided or guaranteed by the
Illinois Student Assistance Commission or any governmental
agency of this State in accordance with item (5) of subsection
(a) of Section 2105-15 of the Department of Professional
Regulation Law of the Civil Administrative Code of Illinois.
(f) In cases where the Department of Healthcare and Family
Services has previously determined a licensee or a potential
licensee is more than 30 days delinquent in the payment of
child support and has subsequently certified the delinquency to
the Department, the Department may refuse to issue or renew or
may revoke or suspend that person's license or may take other
disciplinary action against that person based solely upon the
certification of delinquency made by the Department of
Healthcare and Family Services in accordance with item (5) of
subsection (a) of Section 2105-15 of the Department of
Professional Regulation Law of the Civil Administrative Code of
Illinois.
(g) All fines or costs imposed under this Section shall be
paid within 60 days after the effective date of the order

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imposing the fine or costs or in accordance with the terms set
forth in the order imposing the fine.
If the Department finds an individual unable to practice
because of the reasons set forth in this Section, the
Department may require that individual to submit to care,
counseling, or treatment by physicians approved or designated
by the Department, as a condition, term, or restriction for
continued, reinstated, or renewed licensure to practice; or, in
lieu of care, counseling, or treatment, the Department may file
a complaint to immediately suspend, revoke, or otherwise
discipline the license of the individual.
Any person whose license 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 license suspended immediately, pending a
hearing by the Department.
In instances in which the Director immediately suspends a
person's license under this Section, a hearing on that person's
license must be convened by the Department within 15 days after
the suspension and completed without appreciable delay. The
Department shall have the authority to review the subject
person's record of treatment and counseling regarding the
impairment, to the extent permitted by applicable federal
statutes and regulations safeguarding the confidentiality of

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medical records.
A person licensed under this Act and affected under this
Section shall be afforded an opportunity to demonstrate to the
Department that he or she can resume practice in compliance
with acceptable and prevailing standards under the provisions
of his or her license.
(Source: P.A. 96-1482, eff. 11-29-10.)
(225 ILCS 412/85)
(Section scheduled to be repealed on January 1, 2014)
Sec. 85. Violations; injunctions.
(a) If any person violates any provision of this Act, the
Secretary 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
violation is alleged to have occurred action is brought,
petition for an order enjoining the violation or for an order
enforcing compliance with this Act. Upon the filing of a
verified petition in court, the court may issue a temporary
restraining order, without notice or bond, and may
preliminarily and permanently enjoin the violation. If it is
established that the 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.

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(b) If a person practices as an electrologist or holds
himself or herself out as an electrologist without being
licensed under the provisions of this Act, then any licensed
electrologist, any interested party, or any person injured
thereby may, in addition to the Secretary Director, petition
for relief as provided in subsection (a) of this Section.
(c) 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
provide a period of 7 days after 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. 92-750, eff. 1-1-03.)
(225 ILCS 412/90)
(Section scheduled to be repealed on January 1, 2014)
Sec. 90. Investigations; notice and hearing.
(a) The Department may investigate the actions of an
applicant or a person holding or claiming to hold a license.
(b) Before refusing to issue or renew a license or take any
disciplinary or non-disciplinary action against disciplining a
licensed electrologist pursuant to Section 75 of this Act, the
Department shall notify in writing the applicant or the

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licensee of the nature of the charges and that a hearing will
be held on the date designated, which shall be at least 30 days
after the date of the notice. The Department shall direct the
applicant or licensee to file a written answer to 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 may be suspended,
revoked, placed on probationary status, or other disciplinary
or non-disciplinary action may be taken, including limiting the
scope, nature, or extent of business as the Secretary Director
may deem proper. Written notice may be served by personal
delivery or certified or registered mail sent to the licensee's
address of record respondent at the most recent address on
record with the Department.
If the applicant or licensee fails to file an answer after
receiving notice, the license may, in the discretion of the
Department, be suspended, revoked, or placed on probationary
status, or the Department may take whatever disciplinary action
considered it deems proper including limiting the scope,
nature, or extent of the person's practice or the imposition of
a fine imposing a civil penalty, without a hearing if the act
or acts charged constitute sufficient grounds ground for such
action under this Act.
At the time and place fixed in the notice, the Department
shall proceed to hear the charges, and the parties or their

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counsel shall be accorded ample opportunity to present any
pertinent such statements, testimony, evidence, and argument
as may be pertinent to the charges or to their defense. The
Department may continue a hearing from time to time.
(Source: P.A. 92-750, eff. 1-1-03.)
(225 ILCS 412/95)
(Section scheduled to be repealed on January 1, 2014)
Sec. 95. Record of proceedings Stenographer; transcript.
The Department, at its expense, shall preserve a record of all
proceedings at the formal hearing of any case involving the
refusal to issue or renew a license or the discipline of a
licensed electrologist. Any licensee who is found to have
violated this Act or who fails to appear for a hearing to
refuse to issue, restore, or renew a license or to discipline a
licensee may be required by the Department to pay for the costs
of the proceeding. These costs are limited to costs for court
reporters, transcripts, and witness attendance and mileage
fees. All costs imposed under this Section shall be paid within
60 days after the effective date of the order imposing the
fine. The notice of hearing, complaint, and all other documents
in the nature of pleadings, written motions filed in the
proceedings, the transcript of testimony, the report of the
hearing officer, and the order of the Department shall be the
record of the proceeding.
(Source: P.A. 92-750, eff. 1-1-03.)

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(225 ILCS 412/100)
(Section scheduled to be repealed on January 1, 2014)
Sec. 100. Required testimony. Upon application of the
Department or its designee, or of the person against whom
proceedings pursuant to Section 75 of this Act are pending, any
circuit court may enter an order requiring the attendance and
testimony of witnesses and their testimony, and the production
of relevant documents, paper, 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. 92-750, eff. 1-1-03.)
(225 ILCS 412/105)
(Section scheduled to be repealed on January 1, 2014)
Sec. 105. Subpoena power; oaths. The Department may has
power to subpoena and bring before it any person in this State
and to take the oral or written testimony or compel the
production of any books, papers, records, or any other
documents that the Secretary or his or her designee deems
relevant or material to any investigation or hearing conducted
by the Department either orally, by deposition, or both, with
the same fees and mileage and in the same manner as prescribed
by law in judicial proceedings in civil cases in circuit courts
of this State.
The Secretary, the shorthand court reporter, Director and

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hearing officers may administer oaths to witnesses at any
hearing that the Department conducts is authorized to conduct
under this Act and any other oaths required or authorized to be
administered by the Department. Notwithstanding any other
statute or Department rule to the contrary, all requests for
testimony, production of documents, or records shall be in
accordance with this Act.
(Source: P.A. 92-750, eff. 1-1-03.)
(225 ILCS 412/110)
(Section scheduled to be repealed on January 1, 2014)
Sec. 110. Findings and recommendations. At the conclusion
of the hearing, the hearing officer shall present to the
Secretary Director a written report of its findings of fact,
conclusions of law, and recommendations. The report shall
contain a finding of whether or not the accused applicant or
licensee violated this Act or failed to comply with the
conditions required in this Act. The hearing officer shall
specify the nature of the violation or failure to comply, and
shall make its recommendations to the Secretary Director.
The report of the findings and recommendations of the
hearing officer shall be the basis for the Department's order
for refusing to issue, restore, or renew a license, or
otherwise disciplining a licensee if of refusal or for the
granting of licensure unless the Secretary Director determines
that the hearing officer's report is contrary to the manifest

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weight of the evidence, in which case the Secretary Director
may issue an order in contravention of the hearing officer's
report. The finding is not admissible in evidence against the
applicant or licensee in a criminal prosecution brought for the
violation of this Act, but the hearing and finding are not a
bar to a criminal prosecution brought for the violation of this
Act.
(Source: P.A. 92-750, eff. 1-1-03.)
(225 ILCS 412/115)
(Section scheduled to be repealed on January 1, 2014)
Sec. 115. Hearing officer. The Secretary Director has the
authority to appoint an attorney duly licensed to practice law
in this State to serve as the hearing officer in an action for
refusal to issue or renew a license or for the discipline of a
licensed electrologist. The hearing officer shall have full
authority to conduct the hearing. The hearing officer shall
report his or her findings and recommendations to the Secretary
Director.
(Source: P.A. 92-750, eff. 1-1-03.)
(225 ILCS 412/120)
(Section scheduled to be repealed on January 1, 2014)
Sec. 120. Motion for rehearing. In any case involving the
refusal to issue or renew a license, or the discipline of a
licensee, a copy of the hearing officer's report shall be

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served upon the respondent by the Department, either personally
or as provided in this Act for the service of the notice of
hearing. Within 20 days after service, the respondent may
present to the Department a motion in writing for a rehearing
which shall specify the particular grounds for rehearing. If no
motion for rehearing is filed, then upon the expiration of the
time specified for filing a motion, or if a motion for
rehearing is denied, then upon denial, the Secretary Director
may enter an order in accordance with the recommendation of the
hearing officer. If the respondent orders from the reporting
service, 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 respondent.
(Source: P.A. 92-750, eff. 1-1-03.)
(225 ILCS 412/125)
(Section scheduled to be repealed on January 1, 2014)
Sec. 125. Order for rehearing Rehearing on order of
Director. Whenever the Secretary Director is not satisfied that
substantial justice has been done in the revocation,
suspension, or refusal to issue or renew a license, the
Secretary Director may order a rehearing.
(Source: P.A. 92-750, eff. 1-1-03.)
(225 ILCS 412/130)

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(Section scheduled to be repealed on January 1, 2014)
Sec. 130. Order or certified copy as prima facie proof. An
order or a certified copy thereof, over the seal of the
Department and purporting to be signed by the Secretary
Director, shall be prima facie proof:
(1) that the signature is the genuine signature of the
Secretary Director; and
(2) that the Secretary Director is duly appointed and
qualified.
This proof may be rebutted.
(Source: P.A. 92-750, eff. 1-1-03.)
(225 ILCS 412/135)
(Section scheduled to be repealed on January 1, 2014)
Sec. 135. Restoration of license from discipline License
restoration. At any time after the successful completion of a
term of indefinite probation, suspension, or revocation of a
license, the Department may restore the license to active
status, unless, after an investigation and a hearing, the
Secretary determines that restoration is not in the public
interest. No person whose license has been revoked as
authorized in this Act may apply for restoration of that
license until such time as provided for in the Civil
Administrative Code of Illinois. At any time after the
suspension or revocation of a license the Department may
restore it to the accused person, unless after an investigation

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and a hearing the Department determines that restoration is not
in the public interest.
(Source: P.A. 92-750, eff. 1-1-03.)
(225 ILCS 412/145)
(Section scheduled to be repealed on January 1, 2014)
Sec. 145. Summary Temporary suspension. The Secretary
Director may summarily temporarily suspend the license of an
electrologist without a hearing, simultaneously with the
institution of proceedings for a hearing under Section 90 of
this Act, if the Secretary Director finds that the evidence in
his or her possession indicates that continuation in practice
would constitute an imminent danger to the public. In the event
that the Secretary summarily Director temporarily suspends a
license without a hearing, a hearing by the Department shall
must be held within 30 days after the suspension has occurred,
and shall be concluded as expeditiously as possible concluded
without appreciable delay.
(Source: P.A. 92-750, eff. 1-1-03.)
(225 ILCS 412/155)
(Section scheduled to be repealed on January 1, 2014)
Sec. 155. Certification of record. The Department shall not
be required to certify any record to the court, file any answer
in court, or otherwise appear in any court in a judicial review
proceeding unless and until the Department has received from

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the plaintiff 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 determined by the Department. Failure on the part of
the plaintiff to file a receipt in court is grounds for
dismissal of the action.
(Source: P.A. 92-750, eff. 1-1-03.)
(225 ILCS 412/157 new)
Sec. 157. Confidentiality. All information collected by
the Department in the course of an examination or investigation
of a licensee or applicant, including, but not limited to, any
complaint against a licensee filed with the Department and
information collected to investigate any such complaint, shall
be maintained for the confidential use of the Department and
shall not be disclosed. The Department shall not disclose the
information to anyone other than law enforcement officials,
regulatory agencies that have an appropriate regulatory
interest as determined by the Secretary, or a party presenting
a lawful subpoena to the Department. Information and documents
disclosed to a federal, State, county, or local law enforcement
agency shall not be disclosed by the agency for any purpose to
any other agency or person. A formal complaint filed against a
licensee or registrant by the Department or any order issued by
the Department against a licensee, registrant, or applicant
shall be a public record, except as otherwise prohibited by

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law.
(225 ILCS 412/162)
(Section scheduled to be repealed on January 1, 2014)
Sec. 162. Unlicensed practice; violation; civil penalty.
(a) Any person who practices, offers to practice, attempts
to practice, or holds oneself out to practice electrology
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 $10,000 $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. 92-750, eff. 1-1-03.)
(225 ILCS 412/33 rep.)
Section 15. The Electrologist Licensing Act is amended by
repealing Section 33.

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Section 99. Effective date. This Act takes effect upon
becoming law.".