Bill Text: IL HB1357 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Amends the Illinois Landscape Architecture Act of 1989. Replaces all references to "Director" with "Secretary". Provides that failing to respond and provide information to the Department within 30 days of a written request is grounds for discipline (now, 60 days). Provides that the Department may take disciplinary action against any person that commits certain tax violations. Provides that the Department shall deny a license or renewal to a person that has defaulted on an education loan or scholarship provided or guaranteed by the State. Provides that the Department may suspend or revoke a license, or deny a license or renewal, or take any other disciplinary action against a person who is more than 30 days delinquent in the payment of child support if the Department of Healthcare and Family Services has certified the delinquency to the Department. Provides that fines shall not exceed $10,000 for each violation under the Act (now, $1,000). Defines "address of record". Makes other changes. Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2009-03-13 - Rule 19(a) / Re-referred to Rules Committee [HB1357 Detail]

Download: Illinois-2009-HB1357-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 HB1357 Introduced 2/18/2009, by Rep. Angelo Saviano SYNOPSIS AS INTRODUCED:
225 ILCS 315/3 from Ch. 111, par. 8103
225 ILCS 315/4.5
225 ILCS 315/7 from Ch. 111, par. 8107
225 ILCS 315/8 from Ch. 111, par. 8108
225 ILCS 315/9 from Ch. 111, par. 8109
225 ILCS 315/11 from Ch. 111, par. 8111
225 ILCS 315/13 from Ch. 111, par. 8113
225 ILCS 315/15 from Ch. 111, par. 8115
225 ILCS 315/18 from Ch. 111, par. 8118
225 ILCS 315/18.1
225 ILCS 315/19 from Ch. 111, par. 8119
225 ILCS 315/21 from Ch. 111, par. 8121
225 ILCS 315/22.1
225 ILCS 315/23 from Ch. 111, par. 8123
225 ILCS 315/24 from Ch. 111, par. 8124
225 ILCS 315/25 from Ch. 111, par. 8125
225 ILCS 315/28 from Ch. 111, par. 8128
Amends the Illinois Landscape Architecture Act of 1989. Replaces all references to "Director" with "Secretary". Provides that failing to respond and provide information to the Department within 30 days of a written request is grounds for discipline (now, 60 days). Provides that the Department may take disciplinary action against any person that commits certain tax violations. Provides that the Department shall deny a license or renewal to a person that has defaulted on an education loan or scholarship provided or guaranteed by the State. Provides that the Department may suspend or revoke a license, or deny a license or renewal, or take any other disciplinary action against a person who is more than 30 days delinquent in the payment of child support if the Department of Healthcare and Family Services has certified the delinquency to the Department. Provides that fines shall not exceed $10,000 for each violation under the Act (now, $1,000). Defines "address of record". Makes other changes. Effective immediately.
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A BILL FOR
HB1357 LRB096 08523 ASK 18643 b
AN ACT concerning professional regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Landscape Architecture Act of 1989
is amended by changing Sections 3, 4.5, 7, 8, 9, 11, 13, 15,
18, 18.1, 19, 21, 22.1, 23, 24, 25, and 28 as follows:
(225 ILCS 315/3) (from Ch. 111, par. 8103)
(Section scheduled to be repealed on January 1, 2010)
Sec. 3. Definitions. As used in this Act:
(a) "Address of record" means the designated address
recorded by the Department in the applicant's or licensee's
application file or license file 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
such changes must be made either through the Department's
website or by contracting the Department's licensure
maintenance unit.
(b) (a) "Board" means the Illinois Landscape Architect
Registration Board.
(c) (b) "Department" means the Illinois Department of
Financial and Professional Regulation.
(d) (c) "Secretary" "Director" means the Secretary
Director of the Department of Financial and Professional

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Regulation.
(e) (d) "Landscape Architect" means a person who, based on
education, experience, or both in the field of landscape
architecture, is eligible to register under this Act.
(f) (e) "Landscape Architecture" means the art and science
of arranging land, together with the spaces and objects upon
it, for the purpose of creating a safe, efficient, healthful,
and aesthetically pleasing physical environment for human use
and enjoyment.
(g) (f) "Landscape Architectural Practice" means the
offering or furnishing of professional services in connection
with a landscape architecture project including, but not
limited to, providing preliminary studies; developing design
concepts; planning for the relationships of physical
improvements and intended uses of the site; establishing form
and aesthetic elements; analyzing and providing for life safety
requirements; developing those construction details on the
site which are exclusive of any building or structure and do
not require the seal of an engineer, architect, or structural
engineer; preparing and coordinating technical submissions;
and conducting site observation of a landscape architecture
project.
(h) (g) "Person" means any person, sole proprietorship, or
entity such as a partnership, professional service
corporation, or corporation.
(Source: P.A. 86-932.)

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(225 ILCS 315/4.5)
(Section scheduled to be repealed on January 1, 2010)
Sec. 4.5. Unregistered practice; violation; civil penalty.
(a) Any person who practices, offers to practice, attempts
to practice, or holds oneself out to practice landscape
architecture without being registered 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. 89-474, eff. 6-18-96.)
(225 ILCS 315/7) (from Ch. 111, par. 8107)
(Section scheduled to be repealed on January 1, 2010)
Sec. 7. Current Address. Every landscape architect shall

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maintain an a current address of record with the Department. It
shall be the responsibility of the registrant to notify the
Department in writing of any change of address.
(Source: P.A. 91-255, eff. 12-30-99.)
(225 ILCS 315/8) (from Ch. 111, par. 8108)
(Section scheduled to be repealed on January 1, 2010)
Sec. 8. Powers and Duties of the Department.
(a) The Department shall exercise the powers and duties
prescribed by the Civil Administrative Code of Illinois for the
administration of licensing acts and shall exercise such other
powers and duties vested by this Act.
(b) The Department shall promulgate rules and regulations
consistent with the provisions of this Act for the
administration and enforcement thereof which shall include
standards and criteria for registration and for the payment of
fees connected therewith. The Department shall prescribe forms
required for the administration of this Act.
(c) The Department shall consult the Landscape
Architecture Board in promulgating rules and regulations.
Notice of proposed rulemaking shall be transmitted to the Board
and the Department shall review the Board's response and any
recommendations made therein. The Department shall notify the
Board in writing of the explanation for any deviations from the
Board's recommendations and response.
(d) The Department may at any time seek the advice and the

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expert knowledge of the Board on any matter relating to the
administration of this Act.
(e) The Department shall issue a quarterly report to the
Board setting forth the status of all complaints received by
the Department related to the landscape architecture practice.
(Source: P.A. 86-932.)
(225 ILCS 315/9) (from Ch. 111, par. 8109)
(Section scheduled to be repealed on January 1, 2010)
Sec. 9. Composition, qualification, and terms of Board.
(a) The Secretary Director shall appoint a Board consisting
of 5 persons who are residents of the State of Illinois and who
shall be appointed by and shall serve in an advisory capacity
to the Secretary Director. Four persons shall be individuals
experienced in landscape architectural work who would qualify
upon application to the Department under the provisions of this
Act to be registered landscape architects, one of whom shall be
a tenured member of the landscape architecture faculty of an
accredited landscape architecture program in the State the
University of Illinois and 3 of whom shall have engaged in
landscape architectural work for at least 5 years. The fifth
person shall be a public member, not an employee of the State
of Illinois, who is not registered under this Act or a similar
Act of another jurisdiction. The public member may not be
elected or appointed as chairman of the Board or serve in such
capacity in any other manner.

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(b) Members of the Board shall serve 5 year terms and until
their successors are appointed and qualified. No member shall
be reappointed to the Board for a term which would cause that
member's cumulative service on the Board to be longer than 10
years. No member who is an initial appointment to the Board
shall be reappointed to the Board for a term which would cause
that member's cumulative service on the Board to be longer than
13 years. Appointments to fill vacancies shall be made in the
same manner as original appointments for the unexpired portion
of the vacated term. Initial terms shall begin upon the
effective date of this Act.
(c) The Secretary Director may remove any member of the
Board for cause, which may include without limitation a member
who does not attend 2 consecutive meetings.
(d) The Secretary Director shall consider the
recommendations of the Board on questions involving standards
of professional conduct, discipline, and qualifications of
candidates and registrants under this Act.
(e) The majority of the Board shall constitute a quorum. A
vacancy in the membership of the Board shall not impair the
right of a quorum to exercises all the duties of the Board. A
quorum of the Board shall consist of a majority of members
currently appointed. A majority vote of the quorum is required
for board decisions.
(f) The Board shall annually elect a chairperson and vice
chairperson, both of whom shall be licensed landscape

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architects.
(Source: P.A. 91-255, eff. 12-30-99.)
(225 ILCS 315/11) (from Ch. 111, par. 8111)
(Section scheduled to be repealed on January 1, 2010)
Sec. 11. Registration Qualifications.
(a) Every person applying to the Department for
registration shall do so on forms approved by the Department
and shall pay the required fee. Every person applying to the
Department for registration shall submit, with his
application, satisfactory evidence that the person holds an
approved professional degree in landscape architecture from an
approved and accredited program, as such terms are defined by
the rules and regulations of the Department, and that he has
had such practical experience in landscape architectural work
as shall be required by the rules and regulations of the
Department. In lieu of evidence of any approved professional
degree in landscape architecture, the applicant may submit
satisfactory evidence of such other education or experience as
shall be required by the rules and regulations of the
Department; provided, however, that after January 1, 1993 every
applicant for initial registration must have an approved
professional degree. If an applicant is qualified the
Department shall, by means of a written examination, examine
the applicant on such technical and professional subjects as
shall be required by the rules and regulations of the

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Department.
(b) The Department may exempt from such written examination
an applicant who holds a certificate of qualification issued by
the National Council of Landscape Architecture Registration
Boards, or who holds a registration in another state which has
equivalent or substantially equivalent requirements as the
State of Illinois.
(c) (Blank). The Department shall adopt rules determining
requirements for practical training and education. The
Department may also adopt the examinations and recommended
grading procedures of the National Council of Landscape
Architectural Registration Boards and the accreditation
procedures of the Landscape Architectural Accrediting Board.
The Department shall issue a certificate of registration to
each applicant who satisfies the requirements set forth in this
Section. Such registration shall be effective upon issuance.
(d) If an applicant neglects, fails without an approved
excuse, or refuses to take an examination or fails to pass an
examination to obtain a certificate of registration under this
Act within 3 years after filing the application, the
application shall be denied. However, such applicant may
thereafter submit a new application accompanied by the required
fee.
(e) Any person who has been engaged in the practice of
landscape architecture prior to the effective date of this Act,
shall, upon application within 2 years from the effective date

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of this Act and upon payment of the required current
registration fee and application fee, be issued registration
without examination upon furnishing to the Department
satisfactory proof that he was so engaged prior to such date.
The Secretary Director, through the Board, shall accept as
satisfactory evidence of the competency and qualifications of
the applicant for registration the following:
(1) A diploma of graduation or satisfactory completion
certificate from a college, school, or university offering
an accredited program in landscape architecture, together
with evidence of at least 2 years of actual, practical
experience in landscape architectural work of a grade and
character acceptable to the Board; or
(2) Evidence that the applicant has a total of at least
7 years of actual, practical experience in landscape
architectural work of a grade and character acceptable to
the Board and has been actually engaged in the active
practice of landscape architecture for not less than 4
years immediately prior to the effective date of this Act.
(Source: P.A. 91-255, eff. 12-30-99.)
(225 ILCS 315/13) (from Ch. 111, par. 8113)
(Section scheduled to be repealed on January 1, 2010)
Sec. 13. Inactive Status.
(a) Any landscape architect who notifies the Department in
writing on forms prescribed by the Department may elect to

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place his registration on an inactive status and shall be
excused from payment of renewal fees until he notifies the
Department in writing of his desire to resume active status.
(b) Any person whose license has been expired for more than
5 3 years may have his license restored by making application
to the Department and filing proof acceptable to the Department
of his fitness to have his license restored, including evidence
certifying to active practice in another jurisdiction, and by
paying the required restoration fee.
(c) Any landscape architect whose registration is in an
inactive status, has been suspended or revoked, or has expired
shall not represent himself to be a landscape architect or use
the title "landscape architect", "registered landscape
architect", or any other title which includes the words
"landscape architect".
(Source: P.A. 86-932.)
(225 ILCS 315/15) (from Ch. 111, par. 8115)
(Section scheduled to be repealed on January 1, 2010)
Sec. 15. Disposition of funds. All of the fees collected
pursuant to this Act shall be deposited in the General
Professions Dedicated Fund.
On January 1, 2000 the State Comptroller shall transfer the
balance of the monies in the Landscape Architects'
Administration and Investigation Fund into the General
Professions Dedicated Fund. Amounts appropriated for fiscal

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year 2000 out of the Landscape Architects' Administration and
Investigation Fund may be paid out of the General Professions
Dedicated Fund.
The monies deposited in the General Professions Dedicated
Fund may be used for the expenses of the Department in the
administration of this Act.
Moneys from the Fund may also be used for direct and
allocable indirect costs related to the public purposes of the
Department of Financial and Professional Regulation. Moneys in
the Fund may be transferred to the Professions Indirect Cost
Fund as authorized by Section 2105-300 of the Department of
Professional Regulation Law (20 ILCS 2105/2105-300).
(Source: P.A. 91-239, eff. 1-1-00; 91-255, eff. 12-30-99;
92-16, eff. 6-28-01.)
(225 ILCS 315/18) (from Ch. 111, par. 8118)
(Section scheduled to be repealed on January 1, 2010)
Sec. 18. Violation; injunction; cease and desist order. (a)
If any person violates the provisions 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
action is brought, petition for an order enjoining such
violation and 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,

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and may preliminarily and permanently enjoin such violation. If
it is established that such person has violated or is violating
the injunction, the Court may punish the offender for contempt
of court. Proceedings under this Section shall be in addition
to, and not in lieu of, all other remedies and penalties
provided by this Act.
(b) If any person shall hold himself out as a "landscape
architect" or "registered landscape architect" without being
registered under the provisions of this Act, then any
registered landscape architect, 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) Whoever holds himself out as a "landscape architect" or
a "registered landscape architect" in this State without being
registered for that purpose shall be guilty of a Class A
misdemeanor, and for each subsequent conviction shall be guilty
of a Class 4 felony.
(d) 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
the person at least 7 days from the date of the rule to file an
answer that is satisfactory to the Department. Failure to
answer to the satisfaction of the Department shall cause an

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order to cease and desist to be issued.
(Source: P.A. 88-363.)
(225 ILCS 315/18.1)
(Section scheduled to be repealed on January 1, 2010)
Sec. 18.1. Grounds for Discipline.
(a) The Department may refuse to issue, renew, or may
revoke, suspend, place on probation, reprimand, or take other
disciplinary action as the Department considers appropriate,
including the issuance of fines not to exceed $10,000 $1,000
for each violation, with regard to any license for any one or
more of the following:
(1) Material misstatement in furnishing information to
the Department or to any other State agency.
(2) Negligent or intentional disregard of this Act, or
violation of any rules under this Act.
(3) Conviction of, or entry of a plea of guilty or nolo
contendere to, any crime that is a felony under the laws of
the United States or any state or territory thereof 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 a license, or violating any provision of this Act
or its rules.
(5) Professional incompetence or gross negligence in

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the rendering of landscape architectural services.
(6) Aiding or assisting another person in violating any
provision of this Act or any rules.
(7) Failing to provide information within 30 60 days in
response to a written request made by the Department.
(8) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public and violating the rules of
professional conduct adopted by the Department.
(9) Habitual or excessive use or addiction to alcohol,
narcotics, stimulants, or any other chemical agent or drug
that results in an inability to practice with reasonable
skill, judgment, or safety.
(10) Discipline by another jurisdiction, if at least
one of the grounds for the discipline is the same or
substantially equivalent to those set forth in this
Section.
(11) 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 service not actually rendered.
(12) A finding by the Board that the licensee, after
having the license placed on probationary status, has
violated the terms of probation.
(12.5) (Blank). A finding by the Board that the
licensee has failed to pay a fine imposed by the

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Department.
(13) Abandonment of a client.
(14) Willfully filing false reports relating to a
licensee's practice, including but not limited to, false
records filed with federal or State agencies or
departments.
(15) Being named as a perpetrator in an indicated
report by the Department of Children and Family Services
under the Abused and Neglected Child Reporting Act, and
upon proof by clear and convincing evidence that the
licensee has caused a child to be an abused child or
neglected child as defined in the Abused and Neglected
Child Reporting Act.
(16) Physical or mental disability, including
deterioration through the aging process or loss of
abilities and skills that results in the inability to
practice the profession with reasonable judgment, skill,
or safety.
(17) Solicitation of professional services by using
false or misleading advertising.
(18) Failure to file a return, 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 Department of Revenue,
until such time as the requirements of the tax Act are
satisfied in accordance with subsection (g) of Section 15

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of the Department of Professional Regulation Law of the
Civil Administrative Code of Illinois (20 ILCS
2105/2105-15). Failure to file a return, or to pay the tax,
penalty, or interest shown in a filed return, or to pay any
final assessment of tax, penalty, or interest, as required
by any tax Act administered by the Illinois Department of
Revenue or any successor agency or the Internal Revenue
Service or any successor agency.
(b) (Blank). Any fines imposed under this Section shall not
exceed $1,000 for each violation.
(c) The determination by a court that a licensee is subject
to involuntary admission or judicial admission as provided in
the Mental Health and Developmental Disabilities Code will
result in an automatic suspension of his or her license. The
suspension will end upon a finding by a court that the licensee
is no longer subject to involuntary admission or judicial
admission, the issuance of an order so finding and discharging
the patient, and the recommendation of the Board to the
Secretary Director that the licensee be allowed to resume
professional practice.
(d) In enforcing this Section, the Board, upon a showing of
a possible violation, may compel a person registered under this
Act or who has applied for registration 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 Board.

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The Board or the Department may order the examining physician
to present testimony concerning this mental or physical
examination of the registrant or applicant. No information
shall be excluded by reason of any common law or statutory
privilege relating to communications between the registrant 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 registration until the person submits to the
examination if the Board finds, after notice and hearing, that
the refusal to submit to the examination was without reasonable
cause.
If the Board finds a person unable to practice because of
the reasons set forth in this Section, the Board may require
that person to submit to care, counseling, or treatment by
physicians approved or designated by the Board as a condition,
term, or restriction for continued, reinstated, or renewed
registration; or, in lieu of care, counseling, or treatment,
the Board may recommend that the Department file a complaint to
immediately suspend, revoke, or otherwise discipline the
registration of the person. Any person whose registration 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

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restrictions shall be referred to the Director for a
determination as to whether the person shall have his or her
registration suspended immediately, pending a hearing by the
Board.
(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 subdivision (a)(5) of
Section 15 of the Department of Professional Regulation Law of
the Civil Administrative Code of Illinois (20 ILCS
2105/2105-15).
(f) In cases where the Department of Healthcare and Family
Services (formerly the Department of Public Aid) has previously
determined that 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 subdivision (a)(5) of Section 15 of
the Department of Professional Regulation Law of the Civil
Administrative Code of Illinois (20 ILCS 2105/2105-15).
(Source: P.A. 91-255, eff. 12-30-99.)

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(225 ILCS 315/19) (from Ch. 111, par. 8119)
(Section scheduled to be repealed on January 1, 2010)
Sec. 19. Investigation; notice and hearing. The Department
may investigate the actions or qualifications of any applicant
or person holding or claiming to hold a certificate of
registration. The Department shall, before suspending or
revoking, placing on probation, reprimanding, or taking any
other disciplinary action under Section 18.1 of this Act, at
least 30 days before the date set for the hearing, notify the
applicant or holder of a certificate of registration in writing
of the nature of the charges and that a hearing will be held on
the date designated. The written notice may be served by
personal delivery or certified or registered mail to the
applicant or licensee at the address of record his last
notification to the Department. The Department shall direct the
applicant or licensee to file a written answer with the
Department, under oath, within 20 days after the service of the
notice, and inform the person that if he or she fails to file
an answer, his or her license may be revoked, suspended, placed
on probation, reprimanded, or the Department may take any other
additional disciplinary action including the issuance of
fines, not to exceed $10,000 $1,000 for each violation, as the
Department may consider necessary, without a hearing. At the
time and place fixed in the notice, the Board shall proceed to
hear the charges and the parties or their counsel. All parties
shall be accorded an opportunity to present any statements,

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testimony, evidence, and arguments as may be pertinent to the
charges or to their defense. The Board may continue the hearing
from time to time.
(Source: P.A. 87-1031; 88-363.)
(225 ILCS 315/21) (from Ch. 111, par. 8121)
(Section scheduled to be repealed on January 1, 2010)
Sec. 21. Subpoenas; depositions; oaths. The Department has
the power to subpoena documents, books, records or other
materials and to bring before it any person and to take
testimony either orally or by deposition, or both, with the
same fees and mileage and in the same manner as prescribed in
civil cases in the courts of this State and bring before it any
person and to take testimony either orally or by deposition, or
both, with the same fees and mileage and in the same manner as
prescribed in civil cases in circuit courts of this State.
The Secretary Director, the designated hearing officer,
and every member of the Board has the power to administer oaths
to witnesses at any hearing which the Department is authorized
to conduct, and any other oaths authorized in any Act
administered by the Department.
(Source: P.A. 88-363.)
(225 ILCS 315/22.1)
(Section scheduled to be repealed on January 1, 2010)
Sec. 22.1. Findings and recommendations. At the conclusion

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of the hearing, the Board 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
whether the licensee violated this Act or failed to comply with
the conditions required in this Act. The Board shall specify
the nature of the violation or failure to comply, and shall
make its recommendations to the Secretary Director.
The report of findings of fact, conclusions of law, and
recommendation of the Board shall be the basis for the
Department's order for refusal or for the granting of the
license. If the Secretary Director disagrees with the
recommendations of the Board, the Secretary Director may issue
an order in contravention of the Board recommendations and
notify . 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 findings are not admissible in
evidence against the person in a criminal prosecution for
violation of this Act, but the hearing and findings are not a
bar to a criminal prosecution for violation of this Act.
(Source: P.A. 88-363.)
(225 ILCS 315/23) (from Ch. 111, par. 8123)
(Section scheduled to be repealed on January 1, 2010)
Sec. 23. Board; Rehearing. At the conclusion of the
hearing, a copy of the Board's report shall be served upon the
accused person, either personally or as provided in this Act

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for the service of the notice. Within 20 days after such
service, the applicant or licensee may present to the
Department a motion in writing for a rehearing which shall
specify the particular grounds for rehearing. If no motion for
a rehearing is filed, then upon the expiration of the time
specified for filing such a motion, or if a motion for
rehearing is denied, then upon the denial, the Secretary
Director may enter any order in accordance with recommendations
of the Board, except as provided in Section 120 of this Act. If
the applicant or licensee requests 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.
Whenever the Secretary Director is not satisfied that
substantial justice has been done, he may order a rehearing by
the same or another examiner special board. At the expiration
of the time specified for filing a motion for a rehearing the
Secretary Director has the right to take the action recommended
by the Board.
(Source: P.A. 88-363.)
(225 ILCS 315/24) (from Ch. 111, par. 8124)
(Section scheduled to be repealed on January 1, 2010)
Sec. 24. Appointment of a hearing officer. The Secretary
Director has the authority to appoint any attorney licensed to

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practice law in the State of Illinois to serve as the hearing
officer in any action for refusal to issue or renew a license
or permit or to discipline a licensee. The Secretary Director
shall notify the Board of any such appointment. The hearing
officer has full authority to conduct the hearing. At least one
member of the Board may shall attend each hearing. The hearing
officer shall report his findings of fact, conclusions of law
and recommendations to the Board and the Secretary Director.
The Board has 60 days from receipt of the report to review it
and present its findings of fact, conclusions of law and
recommendations to the Secretary Director. If the Board fails
to present its report within the 60 day period, the Secretary
Director shall issue an order based on the report of the
hearing officer. If the Secretary Director disagrees with the
recommendation of the Board or hearing officer, the Secretary
Director may issue an order in contravention of the
recommendation. The Secretary Director shall notify promptly
provide a written explanation to the Board of on any
disagreement.
(Source: P.A. 88-363.)
(225 ILCS 315/25) (from Ch. 111, par. 8125)
(Section scheduled to be repealed on January 1, 2010)
Sec. 25. Order or certified copy; prima facie proof. An
order or a certified copy thereof, over the seal of the
Department and purporting to be signed by the Secretary

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Director, shall be prima facie proof that:
(a) the signature is the genuine signature of the
Secretary Director;
(b) the Secretary Director is duly appointed and
qualified; and
(c) the Board and the members thereof are qualified to
act.
(Source: P.A. 91-357, eff. 7-29-99.)
(225 ILCS 315/28) (from Ch. 111, par. 8128)
(Section scheduled to be repealed on January 1, 2010)
Sec. 28. Summary suspension of a license. The Secretary
Director may summarily suspend the license of a landscape
architect without a hearing, simultaneously with the
institution of proceedings for a hearing provided for in
Section 19 24 of this Act, if the Secretary Director finds that
evidence in the possession of the Director indicates that the
continuation in practice by the landscape architect would
constitute an imminent danger to the public. In the event that
the Secretary Director temporarily suspends the license of an
individual without a hearing, a hearing must be held within 30
days after such suspension has occurred.
(Source: P.A. 88-363.)
Section 99. Effective date. This Act takes effect upon
becoming law.