Bill Text: IL HB0880 | 2009-2010 | 96th General Assembly | Introduced

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

---

Bill Title: Amends the Professional Geologist Licensing Act. Provides that references in the Act (i) to the Department of Professional Regulation are deemed to be references to the Department of Financial and Professional Regulation and (ii) to the Director of Professional Regulation are deemed to be references to the Secretary of Financial and Professional Regulation. Makes a technical change in the title of Licensed Professional Geologists. Provides for the enrollment with the Department of Financial and Professional Regulation of Geologist Interns. Adds a provision concerning a quorum of the Board of Licensing for Professional Geologists. Effective immediately.

Spectrum: Moderate Partisan Bill (Republican 4-1)

Status: (Passed) 2009-08-25 - Public Act . . . . . . . . . 96-0666 [HB0880 Detail]

Download: Illinois-2009-HB0880-Introduced.html

---

96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 HB0880 Introduced 2/10/2009, by Rep. Michael G. Connelly SYNOPSIS AS INTRODUCED:
See Index
Amends the Professional Geologist Licensing Act. Provides that references in the Act (i) to the Department of Professional Regulation are deemed to be references to the Department of Financial and Professional Regulation and (ii) to the Director of Professional Regulation are deemed to be references to the Secretary of Financial and Professional Regulation. Makes a technical change in the title of Licensed Professional Geologists. Provides for the enrollment with the Department of Financial and Professional Regulation of Geologist Interns. Adds a provision concerning a quorum of the Board of Licensing for Professional Geologists. Effective immediately.
LRB096 10402 ASK 20572 b
A BILL FOR
HB0880 LRB096 10402 ASK 20572 b
AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Professional Geologist Licensing Act is
amended by changing Sections 15, 20, 25, 30, 35, 40, 45, 50,
60, 65, 70, 75, 80, 85, 90, 105, 110, 115, 120, 125, 135, 140,
145, and 160 and by adding Sections 17 and 51 as follows:
(225 ILCS 745/15)
(Section scheduled to be repealed on January 1, 2016)
Sec. 15. Definitions. In this Act:
"Board" means the Board of Licensing for Professional
Geologists.
"Department" means the Department of Financial and
Professional Regulation.
"Director" means the Director of Professional Regulation.
"Enrollment" means the recording by the Department of those
individuals who have met the requirements specified in this Act
for a Geologist Intern and the issuance of a certificate of
enrollment to such individuals.
"Geologist" means an individual who, by reason of his or
her knowledge of geology, mathematics, and the physical and
life sciences, acquired by education and practical experience
as defined by this Act, is capable of practicing the science of

HB0880 - 2 - LRB096 10402 ASK 20572 b
geology.
"Geologist Intern" means an individual enrolled with the
Department who has knowledge of geology, mathematics, and the
physical and life sciences, obtained by education, as defined
in this Act, and has passed the examination on the fundamentals
of geology administered by the Department with the advice and
consent of the Board.
"Geology" means the science that includes the treatment of
the earth and its origin and history including, but not limited
to, (i) the investigation of the earth's crust and interior and
the solids and fluids, including all surface and underground
waters, gases, and other materials that compose the earth as
they may relate to geologic processes; (ii) the study of the
natural agents, forces, and processes that cause changes in the
earth; and (iii) the utilization of this knowledge of the earth
and its solids, fluids, and gases, and their collective
properties and processes, for the benefit of humankind.
"Person" or "individual" means a natural person.
"Practice of professional geology" means the performance
of, or the offer to perform, the services of a geologist,
including consultation, investigation, evaluation, planning,
mapping, inspection of geologic work, and other services that
require extensive knowledge of geologic laws, formulas,
principles, practice, and methods of data interpretation.
A person shall be construed to practice or offer to
practice professional geology, within the meaning and intent of

HB0880 - 3 - LRB096 10402 ASK 20572 b
this Act, if that person (i) by verbal claim, sign,
advertisement, letterhead, card, or any other means,
represents himself or herself to be a Licensed Professional
Geologist professional geologist or through the use of some
title implies that he or she is a Licensed Professional
Geologist professional geologist or is licensed under this Act
or (ii) holds himself or herself out as able to perform or does
perform services or work defined in this Act as the practice of
professional geology.
Examples of the practice of professional geology include,
but are not limited to, the conduct of, or responsible charge
for, the following types of activities: (i) mapping, sampling,
and analysis of earth materials, interpretation of data, and
the preparation of oral or written testimony regarding the
probable geological causes of events; (ii) planning, review,
and supervision of data gathering activities, interpretation
of geological data gathered by direct and indirect means,
preparation of geological maps, cross-sections, interpretive
maps and reports for the purpose of evaluating regional or site
specific geological conditions; (iii) the planning, review,
and supervision of data gathering activities and
interpretation of data on regional or site specific geological
characteristics affecting groundwater; (iv) the interpretation
of geological conditions on the surface and at depth at a
specific site on the Earth's surface for the purpose of
determining whether those conditions correspond to a geologic

HB0880 - 4 - LRB096 10402 ASK 20572 b
map of the site; and (v) the conducting of environmental
property audits.
"Licensed Professional Geologist professional geologist"
means an individual who is licensed under this Act to engage in
the practice of professional geology in Illinois.
"Responsible charge" means the independent control and
direction, by use of initiative, skill, and independent
judgment, of geological work or the supervision of that work.
"Secretary" means the Secretary of Financial and
Professional Regulation.
(Source: P.A. 89-366, eff. 7-1-96.)
(225 ILCS 745/17 new)
(Section scheduled to be repealed on January 1, 2016)
Sec. 17. References to Department or Director of
Professional Regulation. References in this Act (i) to the
Department of Professional Regulation are deemed, in
appropriate contexts, to be references to the Department of
Financial and Professional Regulation and (ii) to the Director
of Professional Regulation are deemed, in appropriate
contexts, to be references to the Secretary of Financial and
Professional Regulation.
(225 ILCS 745/20)
(Section scheduled to be repealed on January 1, 2016)
Sec. 20. Exemptions. Nothing in this Act shall be construed

HB0880 - 5 - LRB096 10402 ASK 20572 b
to restrict the use of the title "geologist" or similar words
by any person engaged in a practice of geology exempted under
this Act, provided the person does not hold himself or herself
out as being a Licensed Professional Geologist licensed
professional geologist or does not practice professional
geology in a manner requiring licensure under this Act.
Performance of the following activities does not require
licensure as a Licensed Professional Geologist licensed
professional geologist under this Act:
(a) The practice of professional geology by an employee or
a subordinate of a licensee under this Act, provided the work
does not include responsible charge of geological work and is
performed under the direct supervision of a Licensed
Professional Geologist licensed professional geologist who is
responsible for the work.
(b) The practice of professional geology by officers and
employees of the United States government within the scope of
their employment.
(c) The practice of professional geology as geologic
research to advance basic knowledge for the purpose of offering
scientific papers, publications, or other presentations (i)
before meetings of scientific societies, (ii) internal to a
partnership, corporation, proprietorship, or government
agency, or (iii) for publication in scientific journals, or in
books.
(d) The teaching of geology in schools, colleges, or

HB0880 - 6 - LRB096 10402 ASK 20572 b
universities, as defined by rule.
(d-5) The practice of professional geology by any person
pursuing a course of study leading to a degree in geology from
an accredited college or university as set forth in this Act
and by rule, provided that (i) such practice constitutes a part
of a supervised course of study, (ii) the person is under the
supervision of a geologist licensed under this Act, and (iii)
the person is designated by a title that clearly indicates his
or her status as a student or trainee.
(e) The practice of professional geology exclusively in the
exploration for or development of energy resources or base,
precious and nonprecious minerals, including sand, gravel, and
aggregate, that does not require, by law, rule, or ordinance,
the submission of reports, documents, or oral or written
testimony to public agencies. Public agencies may, by law or by
rule, allow required oral or written testimony, reports, permit
applications, or other documents based on the science of
geology to be submitted to them by persons not licensed under
this Act. Unless otherwise required by State or federal law,
public agencies may not require that the geology-based aspects
of testimony, reports, permits, or other documents so exempted
be reviewed by, approved, or otherwise certified by any person
who is not a Licensed Professional Geologist licensed
professional geologist. Licensure is not required for the
submission and review of reports or documents or the provision
of oral or written testimony made under the Well Abandonment

HB0880 - 7 - LRB096 10402 ASK 20572 b
Act, the Illinois Oil and Gas Act, the Surface Coal Mining Land
Conservation and Reclamation Act, or the Surface-Mined Land
Conservation and Reclamation Act.
(f) The practice of professional engineering as defined in
the Professional Engineering Practice Act of 1989.
(g) The practice of structural engineering as defined in
the Structural Engineering Practice Act of 1989.
(h) The practice of architecture as defined in the Illinois
Architecture Practice Act of 1989.
(i) The practice of land surveying as defined in the
Illinois Professional Land Surveyor Act of 1989.
(j) The practice of landscape architecture as defined in
the Illinois Landscape Architecture Act of 1989.
(Source: P.A. 91-91, eff. 1-1-00.)
(225 ILCS 745/25)
(Section scheduled to be repealed on January 1, 2016)
Sec. 25. Restrictions and limitations. No person shall,
without a valid license issued by the Department (i) in any
manner hold himself or herself out to the public as a Licensed
Professional Geologist licensed professional geologist; (ii)
attach the title "Licensed Professional Geologist" to his or
her name; or (iii) render or offer to render to individuals,
corporations, or public agencies services constituting the
practice of professional geology.
Individuals practicing geology in Illinois as of the

HB0880 - 8 - LRB096 10402 ASK 20572 b
effective date of this amendatory Act of 1997 may continue to
practice as provided in this Act until the Department has
adopted rules implementing this Act. To continue practicing
geology after the adoption of rules, individuals shall apply
for licensure within 180 days after the effective date of the
rules. If an application is received during the 180-day period,
the individual may continue to practice until the Department
acts to grant or deny licensure. If an application is not filed
within the 180-day period, the individual must cease the
practice of geology at the conclusion of the 180-day period and
until the Department acts to grant a license to the individual.
(Source: P.A. 89-366, eff. 7-1-96; 90-61, eff. 12-30-97.)
(225 ILCS 745/30)
(Section scheduled to be repealed on January 1, 2016)
Sec. 30. Powers and duties of the Department. Subject to
the provisions of this Act, the Department may:
(a) Authorize examinations to ascertain the qualifications
and fitness of applicants for licensing or enrollment as
Licensed Professional Geologists, Licensed Specialty
Geologists, or Geologist Interns licensed professional
geologists or as licensed specialty geologists, as defined by
the Board, and pass upon the qualifications of applicants for
licensure by endorsement.
(b) Conduct hearings on proceedings to refuse to issue or
renew or to revoke licenses or certificates of enrollment or

HB0880 - 9 - LRB096 10402 ASK 20572 b
suspend, place on probation, or reprimand persons licensed or
enrolled under this Act, and to refuse to issue or renew or to
revoke licenses or certificates of enrollment, or suspend,
place on probation, or reprimand persons licensed or enrolled
under this Act.
(c) Formulate rules required for the administration of this
Act.
(d) Obtain written recommendations from the Board
regarding (i) definitions of curriculum content and approval of
geological curricula, standards of professional conduct, and
formal disciplinary actions and the formulation of rules
affecting these matters and (ii) when petitioned by the
applicant, opinions regarding the qualifications of applicants
for licensing or enrolling.
(e) Maintain rosters of the names and addresses of all
licensees, enrollees, and all persons whose licenses or
certificates of enrollment have been suspended, revoked, or
denied renewal for cause within the previous calendar year.
These rosters shall be available upon written request and
payment of the required fee.
(Source: P.A. 89-366, eff. 7-1-96.)
(225 ILCS 745/35)
(Section scheduled to be repealed on January 1, 2016)
Sec. 35. Board of Licensing for Professional Geologists;
members; qualifications; duties.

HB0880 - 10 - LRB096 10402 ASK 20572 b
(a) The Director shall appoint a Board of Licensing for
Professional Geologists which shall serve in an advisory
capacity to the Director. The Board shall be composed of 8
persons, 7 of whom shall be voting members appointed by the
Director, who shall give due consideration to recommendations
by members of the profession of geology and of geology
organizations within the State. In addition, the State
Geologist or his or her designated representative, shall be an
advisory, non-voting member of the Board.
(b) Insofar as possible, the geologists appointed to serve
on the Board shall be generally representative of the
occupational and geographical distribution of geologists
within this State.
(c) Of the 7 appointed voting members of the Board, 6 shall
be geologists and one shall be a member of the general public
with no family or business connection with the practice of
geology.
(d) Each of the first appointed geologist members of the
Board shall have at least 10 years of active geological
experience and shall possess the education and experience
required for licensure. Each subsequently appointed geologist
member of the Board shall be a Licensed Professional Geologist
professional geologist licensed under this Act.
(e) Of the initial appointments, the Director shall appoint
3 voting members for a term of 4 years, 2 voting members for a
term of 3 years, and 2 voting members for a term of 2 years.

HB0880 - 11 - LRB096 10402 ASK 20572 b
Thereafter, voting members shall be appointed for 4-year terms.
Terms shall commence on the 3rd Monday in January.
(f) Members shall hold office until the expiration of their
terms or until their successors have been appointed and have
qualified.
(g) No voting member of the Board shall serve more than 2
consecutive full terms.
(h) Vacancies in the membership of the Board shall be
filled by appointment for the unexpired term.
(i) The Director may remove or suspend any member of the
Board for cause at any time before the expiration of his or her
term.
(j) The Board shall annually elect one of its members as
chairperson.
(k) The members of the Board shall be reimbursed for all
legitimate and necessary expenses authorized by the Department
incurred in attending the meetings of the Board.
(l) The Board may make recommendations to the Director to
establish the examinations and their method of grading.
(m) The Board may submit written recommendations to the
Director concerning formulation of rules and a Code of
Professional Conduct and Ethics. The Board may recommend or
endorse revisions and amendments to the Code and to the rules
from time to time.
(n) The Board may make recommendations on matters relating
to continuing education of Licensed Professional Geologists

HB0880 - 12 - LRB096 10402 ASK 20572 b
licensed professional geologists, including the number of
hours necessary for license renewal, waivers for those unable
to meet that requirement, and acceptable course content. These
recommendations shall not impose an undue burden on the
Department or an unreasonable restriction on those seeking a
license renewal.
(o) A majority of Board members constitutes a quorum. A
quorum is required for all Board decisions.
(Source: P.A. 89-366, eff. 7-1-96.)
(225 ILCS 745/40)
(Section scheduled to be repealed on January 1, 2016)
Sec. 40. Application for original license or enrollment.
(a) Applications for original licensure as a Licensed
Professional Geologist licenses shall be made to the Department
on forms prescribed by the Department and accompanied by the
required fee. All applications shall contain the information
that, in the judgment of the Department, will enable the
Department to pass on the qualifications of the applicant for a
license to practice as a Licensed Professional Geologist
licensed professional geologist.
(b) Applications for enrollment as a Geologist Intern shall
be made to the Department on forms prescribed by the Department
and accompanied by the required fee. All applications shall
contain the information that, in the judgment of the
Department, will enable the Department to pass on the

HB0880 - 13 - LRB096 10402 ASK 20572 b
qualifications of the applicant to take the examination on the
theory and fundamentals of the science of geology and be
enrolled as a Geologist Intern.
(Source: P.A. 89-366, eff. 7-1-96.)
(225 ILCS 745/45)
(Section scheduled to be repealed on January 1, 2016)
Sec. 45. Examination; failure or refusal to take the
examination.
(a) The Department shall authorize examinations of
applicants for original Professional Geologist licensure and
Geologist Intern enrollment at such times and places as it may
determine. The examination for Professional Geologist
licensure examinations shall be a 2-part exam, with one part of
a character to fairly testing test an applicant's
qualifications to practice professional geology and knowledge
of the theory and practice of the science of geology, including
subjects that are generally taught in curricula of accredited
colleges and universities, and the other part fairly testing
the applicant's knowledge of the practical application and
practice of the theory and science of geology. Applicants for
Geologist Intern enrollment must take only that part of the
examination that fairly tests the knowledge of the theory and
fundamentals of the science of geology.
(b) Applicants who are required to take an examination for
examinations shall pay, either to the Department or to the

HB0880 - 14 - LRB096 10402 ASK 20572 b
designated testing service, a fee covering the cost of
providing the examination. Failure to appear for the required
examination on the scheduled date at the time and place
specified after the application for examination has been
received and acknowledged by the Department or the designated
testing service shall result in forfeiture of the examination
fee.
(c) If the applicant neglects, fails, or refuses to take a
required an examination or fails to pass a required an
examination for a license under this Act within 3 years after
filing an application, the application shall be denied.
However, the applicant may thereafter submit a new application
accompanied by the required fee. The applicant shall meet the
requirements in force at the time of making the new
application.
(d) The Department may employ consultants for the purpose
of preparing and conducting examinations.
(e) The Department shall have the authority to adopt or
recognize, in part or in whole, examinations prepared,
administered, or graded by other organizations that are
determined appropriate to measure the qualifications of an
applicant for licensure as a Licensed Professional Geologist or
enrollment as a Geologist Intern professional geologist.
(Source: P.A. 89-366, eff. 7-1-96.)
(225 ILCS 745/50)

HB0880 - 15 - LRB096 10402 ASK 20572 b
(Section scheduled to be repealed on January 1, 2016)
Sec. 50. Qualifications for licensure.
(a) The Department may issue a license to practice as a
Licensed Professional Geologist licensed professional
geologist to any applicant who meets the following
qualifications:
(1) The applicant has completed an application form and
paid submitted the required fees.
(2) The applicant is of good ethical character,
including compliance with the Code of Professional Conduct
and Ethics under this Act, and has not committed any act or
offense in any jurisdiction that would constitute the basis
for disciplining a Licensed Professional Geologist
professional geologist licensed under this Act.
(3) The applicant has earned a degree in geology from
an accredited college or university, as established by
rule, with a minimum of 30 semester or 45 quarter hours of
course credits in geology, of which 24 semester or 36
quarter hours are in upper level courses. The Department
may, upon the recommendation of the Board, allow the
substitution of appropriate experience as a geologist for
prescribed educational requirements as established by
rule.
(4) The applicant has a documented record of a minimum
of 4 years of professional experience, obtained after
completion of the education requirements specified in this

HB0880 - 16 - LRB096 10402 ASK 20572 b
Section, in geologic or directly related work,
demonstrating that the applicant is qualified to assume
responsible charge of such work upon licensure as a
Licensed Professional Geologist professional geologist or
such specialty of professional geology that the Board may
recommend and the Department may recognize. The Department
may require evidence acceptable to it that up to 2 years of
professional experience have been gained under the
supervision of a person licensed under this Act or similar
Acts in any other state, or under the supervision of others
who, in the opinion of the Department, are qualified to
have responsible charge of geological work under this Act.
(5) The applicant has passed an examination authorized
by the Department for the practice as a Licensed
Professional Geologist of professional geology.
(6) The applicant has complied with all other
requirements of this Act and rules established for the
implementation of this Act.
(b) Professional Geologist licensure A license to practice
professional geology shall not be denied any applicant because
of the applicant's race, religion, creed, national origin,
political beliefs or activities, age, sex, sexual orientation,
or physical impairment.
(Source: P.A. 89-366, eff. 7-1-96.)
(225 ILCS 745/51 new)

HB0880 - 17 - LRB096 10402 ASK 20572 b
(Section scheduled to be repealed on January 1, 2016)
Sec. 51. Qualifications for Geologist Intern enrollment;
final expiration of enrollment; Department powers and duties.
(a) The Department may enroll as a Geologist Intern any
applicant who meets the following qualifications:
(1) The applicant has completed an application form and
paid the required fees.
(2) The applicant has (i) earned a degree in geology
from an accredited college or university, with a minimum of
30 semester or 45 quarter hours of course credits in
geology, of which 24 semester or 36 quarter hours are in
upper level courses or (ii) is in the final semester of a
program leading to a degree as set forth in item (i) of
this subparagraph (2). The Department may not issue a
certificate of enrollment under this Section unless and
until an applicant provides proof acceptable to the
Department of having obtained the required degree within 12
months after having passed the required enrollment
examination.
(3) The applicant has passed the required examination
on the theory and fundamentals of the science of geology,
as required under Section 45 of this Act.
(b) A Geologist Intern in good standing may renew his or
her certificate of enrollment upon payment to the Department of
the required fee; however, the life of a certificate of
enrollment issued under this Section may not extend past a

HB0880 - 18 - LRB096 10402 ASK 20572 b
period of 10 years and shall automatically and permanently
expire upon the end of the 10-year period if the enrollee fails
to apply for and successfully meet the requirements for
licensure as a Licensed Professional Geologist, including the
successful passage of that part of the Licensed Professional
Geologist examination that fairly tests the practical
application and practice of the science of geology, as set
forth in Section 45 of this Act.
(c) Geologist Intern enrollment shall not be denied any
applicant because of the applicant's race, religion, creed,
national origin, political beliefs or activities, age, sex,
sexual orientation, or physical impairment.
(225 ILCS 745/60)
(Section scheduled to be repealed on January 1, 2016)
Sec. 60. Seals.
(a) Upon licensure, each licensee shall obtain a seal of a
design as required by rule bearing the licensee's name, license
number, and the legend "Licensed Professional Geologist".
(b) All preliminary, draft, and final geologic reports,
documents, permits, affidavits, maps, boring logs, sections or
other records offered to the public and prepared or issued by
or under the supervision of a Licensed Professional Geologist
licensed professional geologist shall include the full name,
signature, and license number of the licensee, and the date of
license expiration of the person who prepared the document or

HB0880 - 19 - LRB096 10402 ASK 20572 b
under whose supervision it was prepared, and an impression of
the licensee's seal, in accordance with rules issued by the
Department.
(c) The Licensed Professional Geologist licensed
professional geologist who has contract responsibility shall
seal a cover sheet of the professional work products and those
individual portions of the professional work products for which
the Licensed Professional Geologist licensed professional
geologist is legally and professionally responsible. A
Licensed Professional Geologist licensed professional
geologist practicing as the support professional shall seal
those individual portions of professional work products for
which that Licensed Professional Geologist licensed
professional geologist is legally and professionally
responsible.
(d) The use of a Licensed Professional Geologist's licensed
professional geologist's seal on professional work products
constitutes a representation that the work prepared by or under
the personal supervision of that Licensed Professional
Geologist licensed professional geologist has been prepared
and administered in accordance with the standards of reasonable
professional skill and diligence.
(e) It is unlawful to affix one's seal to professional work
products if it masks the true identity of the person who
actually exercised direction, supervision, and responsible
charge of the preparation of that work. A Licensed Professional

HB0880 - 20 - LRB096 10402 ASK 20572 b
Geologist licensed professional geologist who signs and seals
professional work products is not responsible for damage caused
by subsequent changes to or uses of those professional work
products, if the subsequent changes or uses, including changes
or uses made by State or local government agencies, are not
authorized or approved by the Licensed Professional Geologist
licensed professional geologist who originally signed and
sealed the professional work products.
(Source: P.A. 89-366, eff. 7-1-96.)
(225 ILCS 745/65)
(Section scheduled to be repealed on January 1, 2016)
Sec. 65. Expiration and renewal of license and certificate
of enrollment. The expiration date and renewal period for each
license and certificate of enrollment shall be set by rule. A
Professional Geologist professional geologist whose license
has expired may reinstate his or her license at any time within
5 years after the expiration thereof, by making a renewal
application and by paying the required fee. However, any
Professional Geologist or Geologist Intern professional
geologist whose license expired while he or she was (i) on
active duty with the Armed Forces of the United States or
called into service or training by the State militia or (ii) in
training or education under the supervision of the United
States preliminary to induction into the military service, may
have his or her professional geologist license or certificate

HB0880 - 21 - LRB096 10402 ASK 20572 b
renewed, reinstated, or restored without paying any lapsed
renewal fees if within 2 years after termination of the
service, training, or education the Professional Geologist or
Geologist Intern professional geologist furnishes the
Department with satisfactory evidence of service, training, or
education and it has been terminated under honorable
conditions.
Any Professional Geologist professional geologist whose
license has expired for more than 5 years may have it restored
by making application to the Department, paying the required
fee, and filing acceptable proof of fitness to have the license
restored. The proof may include sworn evidence certifying
active practice in another jurisdiction. If the geologist has
not practiced for 5 years or more, the Board shall determine by
an evaluation program established by rule, whether that
individual is fit to resume active status. The Board and may
require the Professional Geologist professional geologist to
complete a period of evaluated professional experience and may
require successful completion of an examination.
The Department may refuse to issue or may suspend the
license or certificate of enrollment 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.

HB0880 - 22 - LRB096 10402 ASK 20572 b
(Source: P.A. 89-366, eff. 7-1-96; 90-61, eff. 12-30-97.)
(225 ILCS 745/70)
(Section scheduled to be repealed on January 1, 2016)
Sec. 70. Fees.
(a) Except as provided in subsection (b), the fees for the
administration and enforcement of this Act, including but not
limited to original licensure or enrollment, renewal, and
restoration fees, 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 the cost of 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) All fees and other monies collected under this Act
shall be deposited in the General Professions Dedicated Fund.
(Source: P.A. 89-366, eff. 7-1-96.)
(225 ILCS 745/75)
(Section scheduled to be repealed on January 1, 2016)
Sec. 75. Returned checks; fines. Any person who delivers a

HB0880 - 23 - LRB096 10402 ASK 20572 b
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 or unenrolled practice
or practice on a nonrenewed license or certificate of
enrollment. 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 of enrollment or deny the
application, without hearing. If, after termination or denial,
the person seeks a license or certificate of enrollment, he or
she shall apply to the Department for restoration or issuance
of the license or certificate of enrollment 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 of enrollment 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.)

HB0880 - 24 - LRB096 10402 ASK 20572 b
(225 ILCS 745/80)
(Section scheduled to be repealed on January 1, 2016)
Sec. 80. Disciplinary actions.
(a) The Department may refuse to issue or renew, or may
revoke, suspend, place on probation, reprimand, or take other
disciplinary action as the Department may deem appropriate,
including fines not to exceed $5,000 for each violation, with
regard to any license or certificate of enrollment for any one
or combination of the following:
(1) Material misstatement in furnishing information to
the Department.
(2) Violations of this Act, or of the rules promulgated
under this Act.
(3) Conviction of any crime under the laws of the
United States or any state or territory of the United
States that is a felony or that is a misdemeanor, an
essential element of which is dishonesty, or of any crime
that is directly related to the practice of the profession.
(4) Making any misrepresentation for the purpose of
obtaining licensure or enrollment or violating any
provision of this Act or the rules promulgated under this
Act pertaining to advertising.
(5) Professional incompetence.
(6) Gross malpractice.
(7) Aiding or assisting another person in violating any

HB0880 - 25 - LRB096 10402 ASK 20572 b
provision of this Act or rules promulgated under this Act.
(8) Failing, within 60 days, to provide information in
response to a written request made by the Department.
(9) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public.
(10) Habitual or excessive use or 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.
(11) Discipline by another state, District of
Columbia, territory, or foreign nation, if at least one of
the grounds for the discipline is the same or substantially
equivalent to those set forth in this Section.
(12) 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 professional services not actually or personally
rendered.
(13) A finding by the Department that the licensee or
enrollee, after having his or her license or certificate of
enrollment placed on probationary status, has violated the
terms of probation.
(14) Willfully making or filing false records or
reports in his or her practice, including but not limited
to, false records filed with State agencies or departments.

HB0880 - 26 - LRB096 10402 ASK 20572 b
(15) Physical illness, 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.
(16) Solicitation of professional services other than
permitted advertising.
(17) Conviction of or cash compromise of a charge or
violation of the Illinois Controlled Substances Act
regulating narcotics.
(18) Failure to (i) file a return, (ii) pay the tax,
penalty, or interest shown in a filed return, or (iii) pay
any final assessment of tax, penalty, or interest, as
required by any tax Act administered by the Illinois
Department of Revenue, until the requirements of that tax
Act are satisfied.
(19) Conviction by any court of competent
jurisdiction, either within or outside this State, of any
violation of any law governing the practice of professional
geology, if the Department determines, after
investigation, that the person has not been sufficiently
rehabilitated to warrant the public trust.
(20) Gross, willful, or continued overcharging for
professional services, including filing false statements
for collection of fees for which services are not rendered.
(21) Practicing under a false or, except as provided by
law, an assumed name.

HB0880 - 27 - LRB096 10402 ASK 20572 b
(22) Fraud or misrepresentation in applying for, or
procuring, a license or certificate of enrollment under
this Act or in connection with applying for renewal of a
license or certificate of enrollment under this Act.
(23) Cheating on or attempting to subvert the licensing
or enrollment examination administered under this Act.
(b) The determination by a circuit court that a licensee or
enrollee 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
licensee or enrollee is no longer subject to the involuntary
admission or judicial admission and issues an order so finding
and discharging the licensee or enrollee; and upon the
recommendation of the Board to the Director that the licensee
or enrollee be allowed to resume his or her practice.
(Source: P.A. 89-366, eff. 7-1-96.)
(225 ILCS 745/85)
(Section scheduled to be repealed on January 1, 2016)
Sec. 85. Injunctive action; cease and desist order.
(a) If any person violates the provisions of this Act, the
Director, in the name of the People of the State of Illinois,
through the Attorney General or the State's Attorney of the
county in which the violation is alleged to have occurred, may
petition for an order enjoining the violation or for an order

HB0880 - 28 - LRB096 10402 ASK 20572 b
enforcing compliance with this Act. Upon the filing of a
verified petition, the court with appropriate jurisdiction 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 are in addition to,
and not in lieu of, all other remedies and penalties provided
by this Act.
(b) If a person practices as a Licensed Professional
Geologist licensed professional geologist or holds himself or
herself out as a Licensed Professional Geologist licensed
professional geologist in Illinois, without being licensed to
do so under this Act, then any Licensed Professional Geologist
licensed professional geologist, interested party, or any
person injured thereby may 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 allow
at least 7 days from the date of the rule to file an answer
satisfactory to the Department. Failure to answer to the
satisfaction of the Department shall cause an order to cease
and desist to be issued.

HB0880 - 29 - LRB096 10402 ASK 20572 b
(Source: P.A. 89-366, eff. 7-1-96.)
(225 ILCS 745/90)
(Section scheduled to be repealed on January 1, 2016)
Sec. 90. Investigations; notice and hearing. The
Department may investigate the actions of any applicant or of
any person or persons rendering or offering to render
geological services or any person holding or claiming to hold a
license as a Licensed Professional Geologist licensed
professional geologist. The Department shall, before revoking,
suspending, placing on probation, reprimanding, or taking any
other disciplinary action under Section 80 of this Act, at
least 30 days before the date set for the hearing, (i) notify
the accused in writing of the charges made and the time and
place for the hearing on the charges, (ii) direct him or her to
file a written answer to the charges with the Board under oath
within 20 days after the service on him or her of the notice,
and (iii) inform the accused that, if he or she fails to
answer, default will be taken against him or her or that his or
her license may be suspended, revoked, placed on probationary
status, or other disciplinary action taken with regard to the
license, including limiting the scope, nature, or extent of his
or her practice, as the Department may consider proper. At the
time and place fixed in the notice, the Board shall proceed to
hear the charges and the parties or their counsel shall be
accorded ample opportunity to present any pertinent

HB0880 - 30 - LRB096 10402 ASK 20572 b
statements, testimony, evidence, and arguments. The Board may
continue the hearing from time to time. In case the person,
after receiving the notice, fails to file an answer, his or her
license may, in the discretion of the Department, be suspended,
revoked, placed on probationary status, or the Department may
take whatever disciplinary action considered 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 that action
under this Act. The written notice may be served by personal
delivery or by certified mail to the address specified by the
accused in his or her last notification with the Department.
(Source: P.A. 89-366, eff. 7-1-96.)
(225 ILCS 745/105)
(Section scheduled to be repealed on January 1, 2016)
Sec. 105. Compelling testimony. Any circuit court, upon
application of the Department, designated hearing officer, or
the applicant, or licensee, or enrollee against whom
proceedings under Section 80 of this Act are pending, may enter
an order requiring the attendance of witnesses and their
testimony, and the production of documents, papers, files,
books, and records in connection with any hearing or
investigation. The court may compel obedience to its order by
proceedings for contempt.
(Source: P.A. 89-366, eff. 7-1-96.)

HB0880 - 31 - LRB096 10402 ASK 20572 b
(225 ILCS 745/110)
(Section scheduled to be repealed on January 1, 2016)
Sec. 110. Findings and recommendations. At the conclusion
of the hearing, the Board shall present to the Director a
written report of its findings of fact, conclusions of law, and
recommendations. The report shall contain a finding whether or
not the accused person violated this Act or its rules or failed
to comply with the conditions required in this Act or its
rules. The Board shall specify the nature of any violations or
failure to comply and shall make its recommendations to the
Director. In making recommendations for any disciplinary
actions, the Board may take into consideration all facts and
circumstances bearing upon the reasonableness of the conduct of
the accused and the potential for future harm to the public,
including but not limited to previous discipline of the accused
by the Department, intent, degree of harm to the public and
likelihood of harm in the future, any restitution made by the
accused, and whether the incident or incidents contained in the
complaint appear to be isolated or represent a continuing
pattern of conduct. In making its recommendations for
discipline, the Board shall endeavor to ensure that the
severity of the discipline recommended is reasonably related to
the severity of the violation.
The report of findings of fact, conclusions of law, and
recommendation of the Board shall be the basis for the

HB0880 - 32 - LRB096 10402 ASK 20572 b
Department's order refusing to issue, restore, or renew a
license or certificate of enrollment, or otherwise
disciplining a licensee or enrollee. If the Director disagrees
with the recommendations of the Board, the Director may issue
an order in contravention of the Board recommendations. The
Director shall provide a written report to the Board on any
disagreement and shall specify the reasons for the action in
the final order. The finding is not admissible in evidence
against the person in a criminal prosecution brought for a
violation of this Act, but the hearing and finding are not a
bar to a criminal prosecution brought for a violation of this
Act.
(Source: P.A. 89-366, eff. 7-1-96.)
(225 ILCS 745/115)
(Section scheduled to be repealed on January 1, 2016)
Sec. 115. Board; rehearing. At the conclusion of the
hearing, a copy of the Board's report shall be served upon the
applicant, or licensee, or enrollee by the Department, either
personally or as provided in this Act for the service of a
notice of hearing. Within 20 days after service, the applicant,
or licensee, or enrollee may present to the Department a motion
in writing for a rehearing, which shall specify the particular
grounds for rehearing. The Department may respond to the motion
for rehearing within 20 days after its service on the
Department. If no motion for rehearing is filed, then upon the

HB0880 - 33 - LRB096 10402 ASK 20572 b
expiration of the time specified for filing such a motion, or
if a motion for rehearing is denied, then upon denial, the
Director may enter an order in accordance with recommendations
of the Board except as provided in Section 120 of this Act. If
the applicant, or licensee, or enrollee 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 applicant, or licensee,
or enrollee.
(Source: P.A. 89-366, eff. 7-1-96.)
(225 ILCS 745/120)
(Section scheduled to be repealed on January 1, 2016)
Sec. 120. Director; rehearing. Whenever the Director
believes that justice has not been done in the revocation,
suspension, or refusal to issue, restore, or renew a license or
certificate of enrollment, or other discipline of an applicant,
or licensee, or enrollee he or she may order a rehearing by the
same or other examiners.
(Source: P.A. 89-366, eff. 7-1-96.)
(225 ILCS 745/125)
(Section scheduled to be repealed on January 1, 2016)
Sec. 125. Appointment of a hearing officer. The Director
has the authority to appoint any attorney licensed to practice

HB0880 - 34 - LRB096 10402 ASK 20572 b
law in the State of Illinois to serve as the hearing officer in
any action for refusal to issue, restore, or renew a license or
certificate of enrollment or to discipline a licensee or
enrollee. The hearing officer has full authority to conduct the
hearing. At least one member of the Board shall attend each
hearing. The hearing officer shall report his or her findings
of fact, conclusions of law, and recommendations to the Board
and the Director. The Board shall have 60 calendar days from
receipt of the report to review the report of the hearing
officer and present its findings of fact, conclusions of law,
and recommendations to the Director. If the Board does not
present its report within the 60-day period, the Director may
issue an order based on the report of the hearing officer. If
the Director disagrees with the recommendation of the Board or
of the hearing officer, the Director may issue an order in
contravention of the recommendation. The Director shall
promptly provide a written report to the Board on any
deviation, and shall specify the reasons for the action in the
final order.
(Source: P.A. 89-366, eff. 7-1-96.)
(225 ILCS 745/135)
(Section scheduled to be repealed on January 1, 2016)
Sec. 135. Restoration of suspended or revoked license. At
any time after the suspension or revocation of a license or
certificate of enrollment, the Department may restore it to the

HB0880 - 35 - LRB096 10402 ASK 20572 b
licensee or enrollee, upon the written recommendation of the
Board, unless after an investigation and a hearing the Board
determines that restoration is not in the public interest.
(Source: P.A. 89-366, eff. 7-1-96.)
(225 ILCS 745/140)
(Section scheduled to be repealed on January 1, 2016)
Sec. 140. Surrender of license. Upon the revocation or
suspension of a license or certificate of enrollment, the
licensee or enrollee shall immediately surrender his or her
license or certificate of enrollment to the Department. If the
licensee or enrollee fails to do so, the Department has the
right to seize the license or certificate of enrollment.
(Source: P.A. 89-366, eff. 7-1-96.)
(225 ILCS 745/145)
(Section scheduled to be repealed on January 1, 2016)
Sec. 145. Summary suspension of a license. The Director may
summarily suspend the license of a Licensed Professional
Geologist licensed professional geologist without a hearing,
simultaneously with the institution of proceedings for a
hearing provided for in Section 90 of this Act, if the Director
finds that evidence in the Director's possession indicates that
the continuation of practice by a Licensed Professional
Geologist licensed professional geologist would constitute an
imminent danger to the public. In the event that the Director

HB0880 - 36 - LRB096 10402 ASK 20572 b
summarily suspends the license of a Licensed Professional
Geologist licensed professional geologist without a hearing, a
hearing must be commenced within 30 days after the suspension
has occurred and concluded as expeditiously as practical.
(Source: P.A. 89-366, eff. 7-1-96.)
(225 ILCS 745/160)
(Section scheduled to be repealed on January 1, 2016)
Sec. 160. Violations.
(a) Using or attempting to use an expired license is a
Class A misdemeanor.
(b) Each of the following acts is a Class A misdemeanor for
the first offense and a Class 4 felony for a second or
subsequent offense:
(1) A violation of any provision of this Act or its
rules, except as noted in subsection (a) of this Section.
(2) The making of any wilfully false oath or
affirmation in any matter or proceeding where an oath or
affirmation is required by this Act.
(3) Using or attempting to use an inactive, suspended,
or revoked license or the license or seal of another, or
impersonating another licensee, or practicing geology as a
Licensed Professional Geologist licensed professional
geologist in Illinois while one's license is inactive,
suspended, or revoked.
(4) The practice, attempt to practice, or offer to

HB0880 - 37 - LRB096 10402 ASK 20572 b
practice professional geology in Illinois without a
license as a Licensed Professional Geologist licensed
professional geologist. Each day of practicing
professional geology or attempting to practice
professional geology, and each instance of offering to
practice professional geology, without a license as a
Licensed Professional Geologist licensed professional
geologist constitutes a separate offense.
(5) Advertising or displaying any sign or card or other
device that might indicate to the public that the person or
entity is entitled to practice as a Licensed Professional
Geologist licensed professional geologist, unless that
person holds an active license as a Licensed Professional
Geologist licensed professional geologist in the State of
Illinois.
(6) Obtaining or attempting to obtain a license by
fraud.
(Source: P.A. 89-366, eff. 7-1-96.)
Section 99. Effective date. This Act takes effect upon
becoming law.
HB0880 - 38 - LRB096 10402 ASK 20572 b
INDEX
Statutes amended in order of appearance
225 ILCS 745/15
225 ILCS 745/17 new
225 ILCS 745/20
225 ILCS 745/25
225 ILCS 745/30
225 ILCS 745/35
225 ILCS 745/40
225 ILCS 745/45
225 ILCS 745/50
225 ILCS 745/51 new
225 ILCS 745/60
225 ILCS 745/65
225 ILCS 745/70
225 ILCS 745/75
225 ILCS 745/80
225 ILCS 745/85
225 ILCS 745/90
225 ILCS 745/105
225 ILCS 745/110
225 ILCS 745/115
225 ILCS 745/120
225 ILCS 745/125
225 ILCS 745/135
HB0880 - 39 - LRB096 10402 ASK 20572 b
225 ILCS 745/140
225 ILCS 745/145
225 ILCS 745/160