Public Act 098-0363

HB0532 Enrolled LRB098 03349 MGM 33364 b

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois,

represented in the General Assembly:

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 Acts and Section repealed on January 1, 2014.

The following Acts and Section of an Act are repealed on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

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 Act repealed on January 1, 2024.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Act is repealed on January 1, 2024: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(Section scheduled to be repealed on January 1, 2014)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

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

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

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.)

(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

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

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.

(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

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.

(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

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.

(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

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

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

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

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.

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

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

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.

(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

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

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.)

(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

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

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

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)

(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

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

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

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.

Section 99. Effective date. This Act takes effect upon

becoming law.