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| Public Act 103-0026
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| HB2145 Enrolled | LRB103 28765 AMQ 55148 b |
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AN ACT concerning State government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Department of Professional Regulation Law |
of the
Civil Administrative Code of Illinois is amended by |
changing Sections 2105-15 and 2105-207 as follows:
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(20 ILCS 2105/2105-15)
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Sec. 2105-15. General powers and duties.
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(a) The Department has, subject to the provisions of the |
Civil
Administrative Code of Illinois, the following powers |
and duties:
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(1) To authorize examinations in English to ascertain |
the qualifications
and fitness of applicants to exercise |
the profession, trade, or occupation for
which the |
examination is held.
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(2) To prescribe rules and regulations for a fair and |
wholly
impartial method of examination of candidates to |
exercise the respective
professions, trades, or |
occupations.
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(3) To pass upon the qualifications of applicants for |
licenses,
certificates, and authorities, whether by |
examination, by reciprocity, or by
endorsement.
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(4) To prescribe rules and regulations defining, for |
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the
respective
professions, trades, and occupations, what |
shall constitute a school,
college, or university, or |
department of a university, or other
institution, |
reputable and in good standing, and to determine the
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reputability and good standing of a school, college, or |
university, or
department of a university, or other |
institution, reputable and in good
standing, by reference |
to a compliance with those rules and regulations;
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provided, that no school, college, or university, or |
department of a
university, or other institution that |
refuses admittance to applicants
solely on account of |
race, color, creed, sex, sexual orientation, or national |
origin shall be
considered reputable and in good standing.
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(5) To conduct hearings on proceedings to revoke, |
suspend, refuse to
renew, place on probationary status, or |
take other disciplinary action
as authorized in any |
licensing Act administered by the Department
with regard |
to licenses, certificates, or authorities of persons
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exercising the respective professions, trades, or |
occupations and to
revoke, suspend, refuse to renew, place |
on probationary status, or take
other disciplinary action |
as authorized in any licensing Act
administered by the |
Department with regard to those licenses,
certificates, or |
authorities. |
The Department shall issue a monthly
disciplinary |
report. |
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The Department shall refuse to issue or renew a |
license to,
or shall suspend or revoke a license of, any |
person who, after receiving
notice, fails to comply with a |
subpoena or warrant relating to a paternity or
child |
support proceeding. However, the Department may issue a |
license or
renewal upon compliance with the subpoena or |
warrant.
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The Department, without further process or hearings, |
shall revoke, suspend,
or deny any license or renewal |
authorized by the Civil Administrative Code of
Illinois to |
a person who is certified by the Department of Healthcare |
and Family Services (formerly Illinois Department of |
Public Aid)
as being more than 30 days delinquent in |
complying with a child support order
or who is certified |
by a court as being in violation of the Non-Support
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Punishment Act for more than 60 days. The Department may, |
however, issue a
license or renewal if the person has |
established a satisfactory repayment
record as determined |
by the Department of Healthcare and Family Services |
(formerly
Illinois Department of Public Aid) or if the |
person
is determined by the court to be in compliance with |
the Non-Support Punishment
Act. The Department may |
implement this paragraph as added by Public Act 89-6
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through the use of emergency rules in accordance with |
Section 5-45 of the
Illinois Administrative Procedure Act. |
For purposes of the Illinois
Administrative Procedure Act, |
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the adoption of rules to implement this
paragraph shall be |
considered an emergency and necessary for the public
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interest, safety, and welfare.
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(6) To transfer jurisdiction of any realty under the |
control of the
Department to any other department of the |
State Government or to acquire
or accept federal lands |
when the transfer, acquisition, or acceptance is
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advantageous to the State and is approved in writing by |
the Governor.
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(7) To formulate rules and regulations necessary for |
the enforcement of
any Act administered by the Department.
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(8) To exchange with the Department of Healthcare and |
Family Services information
that may be necessary for the |
enforcement of child support orders entered
pursuant to |
the Illinois Public Aid Code, the Illinois Marriage and |
Dissolution
of Marriage Act, the Non-Support of Spouse and |
Children Act, the Non-Support
Punishment Act, the Revised |
Uniform Reciprocal Enforcement of Support Act, the
Uniform |
Interstate Family Support Act, the Illinois Parentage Act |
of 1984, or the Illinois Parentage Act of 2015.
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Notwithstanding any provisions in this Code to the |
contrary, the Department of
Professional Regulation shall |
not be liable under any federal or State law to
any person |
for any disclosure of information to the Department of |
Healthcare and Family Services (formerly Illinois |
Department of
Public Aid)
under this paragraph (8) or for |
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any other action taken in good faith
to comply with the |
requirements of this paragraph (8).
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(8.3) To exchange information with the Department of |
Human Rights regarding recommendations received under |
paragraph (B) of Section 8-109 of the Illinois Human |
Rights Act regarding a licensee or candidate for licensure |
who has committed a civil rights violation that may lead |
to the refusal, suspension, or revocation of a license |
from the Department. |
(8.5) To accept continuing education credit for |
mandated reporter training on how to recognize and report |
child abuse offered by the Department of Children and |
Family Services and completed by any person who holds a |
professional license issued by the Department and who is a |
mandated reporter under the Abused and Neglected Child |
Reporting Act. The Department shall adopt any rules |
necessary to implement this paragraph. |
(9) To perform other duties prescribed
by law.
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(a-5) Except in cases involving delinquency in complying |
with a child support order or violation of the Non-Support |
Punishment Act and notwithstanding anything that may appear in |
any individual licensing Act or administrative rule, no person |
or entity whose license, certificate, or authority has been |
revoked as authorized in any licensing Act administered by the |
Department may apply for restoration of that license, |
certification, or authority until 3 years after the effective |
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date of the revocation. |
(b) (Blank).
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(c) For the purpose of securing and preparing evidence, |
and for the purchase
of controlled substances, professional |
services, and equipment necessary for
enforcement activities, |
recoupment of investigative costs, and other activities
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directed at suppressing the misuse and abuse of controlled |
substances,
including those activities set forth in Sections |
504 and 508 of the Illinois
Controlled Substances Act, the |
Director and agents appointed and authorized by
the Director |
may expend sums from the Professional Regulation Evidence Fund
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that the Director deems necessary from the amounts |
appropriated for that
purpose. Those sums may be advanced to |
the agent when the Director deems that
procedure to be in the |
public interest. Sums for the purchase of controlled
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substances, professional services, and equipment necessary for |
enforcement
activities and other activities as set forth in |
this Section shall be advanced
to the agent who is to make the |
purchase from the Professional Regulation
Evidence Fund on |
vouchers signed by the Director. The Director and those
agents |
are authorized to maintain one or more commercial checking |
accounts with
any State banking corporation or corporations |
organized under or subject to the
Illinois Banking Act for the |
deposit and withdrawal of moneys to be used for
the purposes |
set forth in this Section; provided, that no check may be |
written
nor any withdrawal made from any such account except |
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upon the written
signatures of 2 persons designated by the |
Director to write those checks and
make those withdrawals. |
Vouchers for those expenditures must be signed by the
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Director. All such expenditures shall be audited by the |
Director, and the
audit shall be submitted to the Department |
of Central Management Services for
approval.
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(d) Whenever the Department is authorized or required by |
law to consider
some aspect of criminal history record |
information for the purpose of carrying
out its statutory |
powers and responsibilities, then, upon request and payment
of |
fees in conformance with the requirements of Section 2605-400 |
of the Illinois
State Police Law, the Illinois State
Police is |
authorized to furnish, pursuant to positive identification, |
the
information contained in State files that is necessary to |
fulfill the request.
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(e) The provisions of this Section do not apply to private |
business and
vocational schools as defined by Section 15 of |
the Private Business and
Vocational Schools Act of 2012.
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(f) (Blank).
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(f-5) Notwithstanding anything that may appear in any |
individual licensing statute or administrative rule, the |
Department shall allow an applicant to provide his or her |
individual taxpayer identification number as an alternative to |
providing a social security number when applying for a |
license. |
(g) Notwithstanding anything that may appear in any |
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individual licensing statute or administrative rule, the |
Department shall deny any license application or renewal |
authorized under any licensing Act administered by the |
Department to any person who has failed 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 requirement of |
any such tax Act are satisfied; however, the Department may |
issue a license or renewal if the person has established a |
satisfactory repayment record as determined by the Illinois |
Department of Revenue. For the purpose of this Section, |
"satisfactory repayment record" shall be defined by rule.
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In addition, a complaint filed with the Department by the |
Illinois Department of Revenue that includes a certification, |
signed by its Director or designee, attesting to the amount of |
the unpaid tax liability or the years for which a return was |
not filed, or both, is prima facie evidence of the licensee's |
failure to comply with the tax laws administered by the |
Illinois Department of Revenue. Upon receipt of that |
certification, the Department shall, without a hearing, |
immediately suspend all licenses held by the licensee. |
Enforcement of the Department's order shall be stayed for 60 |
days. The Department shall provide notice of the suspension to |
the licensee by mailing a copy of the Department's order to the |
licensee's address of record or emailing a copy of the order to |
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the licensee's email address of record. The notice shall |
advise the licensee that the suspension shall be effective 60 |
days after the issuance of the Department's order unless the |
Department receives, from the licensee, a request for a |
hearing before the Department to dispute the matters contained |
in the order.
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Any suspension imposed under this subsection (g) shall be |
terminated by the Department upon notification from the |
Illinois Department of Revenue that the licensee is in |
compliance with all tax laws administered by the Illinois |
Department of Revenue.
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The Department may promulgate rules for the administration |
of this subsection (g).
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(g-5) Notwithstanding anything that may appear in any |
individual licensing statute or administrative rule, the |
Department shall refuse the issuance or renewal of a license |
to, or suspend or revoke the license of, any individual, |
corporation, partnership, or other business entity that has |
been found by the Illinois Workers' Compensation Commission or |
the Department of Insurance to have failed to (i) secure |
workers' compensation obligations in the manner required by |
subsections (a) and (b) of Section 4 of the Workers' |
Compensation Act, (ii) pay in full a fine or penalty imposed |
due to a failure to secure workers' compensation obligations |
in the manner required by subsections (a) and (b) of Section 4 |
of the Workers' Compensation Act, or (iii) fulfill all |
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obligations assumed pursuant to a settlement reached with the |
Illinois Workers' Compensation Commission or the Department of |
Insurance relating to a failure to secure workers' |
compensation obligations in the manner required by subsections |
(a) and (b) of Section 4 of the Workers' Compensation Act. No |
initial or renewal license shall be issued, and no suspended |
license shall be reinstated, until such time that the |
Department is notified by the Illinois Workers' Compensation |
Commission or the Department of Insurance that the licensee's |
or applicant's failure to comply with subsections (a) and (b) |
of Section 4 of the Workers' Compensation Act has been |
corrected or otherwise resolved to satisfaction of the |
Illinois Workers' Compensation Commission or the Department of |
Insurance. |
In addition, a complaint filed with the Department by the |
Illinois Workers' Compensation Commission or the Department of |
Insurance that includes a certification, signed by its |
Director or Chairman, or the Director or Chairman's designee, |
attesting to a finding of the failure to secure workers' |
compensation obligations in the manner required by subsections |
(a) and (b) of Section 4 of the Workers' Compensation Act or |
the failure to pay any fines or penalties or to discharge any |
obligation under a settlement relating to the failure to |
secure workers' compensation obligations in the manner |
required by subsections (a) and (b) of Section 4 of the |
Workers' Compensation Act is prima facie evidence of the |
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licensee's or applicant's failure to comply with subsections |
(a) and (b) of Section 4 of the Workers' Compensation Act. Upon |
receipt of that certification, the Department shall, without a |
hearing, immediately suspend all licenses held by the licensee |
or the processing of any application from the applicant. |
Enforcement of the Department's order shall be stayed for 60 |
days. The Department shall provide notice of the suspension to |
the licensee by mailing a copy of the Department's order to the |
licensee's address of record or emailing a copy of the order to |
the licensee's email address of record. The notice shall |
advise the licensee that the suspension shall be effective 60 |
days after the issuance of the Department's order unless the |
Department receives from the licensee or applicant a request |
for a hearing before the Department to dispute the matters |
contained in the order. |
Any suspension imposed under this subsection shall be |
terminated by the Department upon notification from the |
Illinois Workers' Compensation Commission or the Department of |
Insurance that the licensee's or applicant's failure to comply |
with subsections (a) and (b) of Section 4 of the Workers' |
Compensation Act has been corrected or otherwise resolved to |
the satisfaction of the Illinois Workers' Compensation |
Commissions or the Department of Insurance. |
No license shall be suspended or revoked until after the |
licensee is afforded any due process protection guaranteed by |
statute or rule adopted by the Workers' Compensation |
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Commission or the Department of Insurance. |
The Department may adopt rules for the administration of |
this subsection. |
(h) The Department may grant the title "Retired", to be |
used immediately adjacent to the title of a profession |
regulated by the Department, to eligible retirees. For |
individuals licensed under the Medical Practice Act of 1987, |
the title "Retired" may be used in the profile required by the |
Patients' Right to Know Act. The use of the title "Retired" |
shall not constitute representation of current licensure, |
registration, or certification. Any person without an active |
license, registration, or certificate in a profession that |
requires licensure, registration, or certification shall not |
be permitted to practice that profession. |
(i) The Department shall make available on its website |
general information explaining how the Department utilizes |
criminal history information in making licensure application |
decisions, including a list of enumerated offenses that serve |
as a statutory bar to licensure. |
(Source: P.A. 101-81, eff. 7-12-19; 101-221, eff. 1-1-20; |
102-538, eff. 8-20-21.)
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(20 ILCS 2105/2105-207) |
Sec. 2105-207. Records of Department actions. |
(a) Any licensee subject to a licensing Act administered |
by the Department Division of Professional Regulation and who |
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has been subject to disciplinary action by the Department may |
file an application with the Department on forms provided by |
the Department, along with the required fee of $175, to have |
the records classified as confidential, not for public |
release, and considered expunged for reporting purposes if: |
(1) the application is submitted more than 3 years |
after the disciplinary offense or offenses occurred or |
after restoration of the license, whichever is later; |
(2) the licensee has had no incidents of discipline |
under the licensing Act since the disciplinary offense or |
offenses identified in the application occurred; |
(3) the Department has no pending investigations |
against the licensee; and |
(4) the licensee is not currently in a disciplinary |
status. |
(b) An application to make disciplinary records |
confidential shall only be considered by the Department for an |
offense or action relating to: |
(1) failure to pay taxes; |
(2) continuing education; |
(3) failure to renew a license on time; |
(4) failure to obtain or renew a certificate of |
registration or ancillary license; |
(5) advertising; |
(5.1) discipline based on criminal charges or |
convictions: |
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(A) that did not arise from the licensed activity |
and was unrelated to the licensed activity; or |
(B) that were dismissed or for which records have |
been sealed or expunged; |
(5.2) past probationary status of a license issued to |
new applicants on the sole or partial basis of prior |
convictions; or |
(6) any grounds for discipline removed from the |
licensing Act; . |
(7) failure to comply with workers' compensation |
requirements; or |
(8) reprimand of a licensee. |
(c) An application shall be submitted to and considered by |
the Director of the Division of Professional Regulation upon |
submission of an application and the required non-refundable |
fee. The Department may establish additional requirements by |
rule. The Department is not required to report the removal of |
any disciplinary record to any national database. Nothing in |
this Section shall prohibit the Department from using a |
previous discipline for any regulatory purpose or from |
releasing records of a previous discipline upon request from |
law enforcement, or other governmental body as permitted by |
law. Classification of records as confidential shall result in |
removal of records of discipline from records kept pursuant to |
Sections 2105-200 and 2105-205 of this Act.
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(d) Any applicant for licensure or a licensee whose |
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petition for review is granted by the Department pursuant to |
subsection (a-1) of Section 2105-165 of this Law may file an |
application with the Department on forms provided by the |
Department to have records relating to his or her permanent |
denial or permanent revocation classified as confidential and |
not for public release and considered expunged for reporting |
purposes in the same manner and under the same terms as is |
provided in this Section for the offenses listed in subsection |
(b) of this Section, except that the requirements of a 3-year |
7-year waiting period and the $175 $200 application fee do not |
apply. |
(Source: P.A. 100-262, eff. 8-22-17; 100-286, eff. 1-1-18; |
100-863, eff. 8-14-18; 100-872, eff. 8-14-18.)
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Section 10. The Asbestos Abatement Act is amended by |
changing Section 10a as follows:
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(105 ILCS 105/10a) (from Ch. 122, par. 1410a)
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Sec. 10a. Licensing. No inspector, management
planner, |
project designer, project manager, air sampling professional,
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asbestos abatement contractor, worker or project supervisor |
may be employed
as a response action contractor unless that |
individual or entity is
licensed by the Department. Those |
individuals and entities wishing to be
licensed shall make |
application on forms prescribed and furnished by the
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Department. A license shall expire annually according to a |
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schedule
determined by the Department. Applications for |
renewal of licenses shall
be filed with the Department at |
least 30 days before the expiration date.
When a licensure |
examination is required, the application for licensure
shall |
be submitted to the Department at least 30 days prior to the |
date of
the scheduled examination. The Department shall |
evaluate each application
based on its minimum standards for |
licensure, promulgated as rules, and
render a decision. Such |
standards may include a requirement for the
successful |
completion of a course of training approved by the Department.
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If the Department denies the application, the applicant may |
appeal such
decision pursuant to the provisions of the |
"Administrative Review Law".
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The Department, upon notification by the Illinois Workers' |
Compensation Commission or the Department of Insurance, shall |
refuse the issuance or renewal of a license to, or suspend or |
revoke the license of, any individual, corporation, |
partnership, or other business entity that has been found by |
the Illinois Workers' Compensation Commission or the |
Department of Insurance to have failed: |
(a) to secure workers' compensation obligations in the |
manner required by subsections (a) and (b) of Section 4 of |
the Workers' Compensation Act; |
(b) to pay in full a fine or penalty imposed by the |
Illinois Workers' Compensation Commission or the |
Department of Insurance due to a failure to secure |
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workers' compensation obligations in the manner required |
by subsections (a) and (b) of Section 4 of the Workers' |
Compensation Act; or |
(c) to fulfill all obligations assumed pursuant to any |
settlement reached with the Illinois Workers' Compensation |
Commission or the Department of Insurance due to a failure |
to secure workers' compensation obligations in the manner |
required by subsections (a) and (b) of Section 4 of the |
Workers' Compensation Act. |
A complaint filed with the Department by the Illinois |
Workers' Compensation Commission or the Department of |
Insurance that includes a certification, signed by its |
Director or Chairman, or the Director or Chairman's designee, |
attesting to a finding of the failure to secure workers' |
compensation obligations in the manner required by subsections |
(a) and (b) of Section 4 of the Workers' Compensation Act or |
the failure to pay any fines or penalties or to discharge any |
obligation under a settlement relating to the failure to |
secure workers' compensation obligations in the manner |
required by subsections (a) and (b) of Section 4 of the |
Workers' Compensation Act is prima facie evidence of the |
licensee's or applicant's failure to comply with subsections |
(a) and (b) of Section 4 of the Workers' Compensation Act. Upon |
receipt of that certification, the Department shall, without a |
hearing, immediately suspend all licenses held by the licensee |
or the processing of any application from the applicant. |
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Enforcement of the Department's order shall be stayed for 60 |
days. The Department shall provide notice of the suspension to |
the licensee by mailing a copy of the Department's order to the |
licensee's or applicant's address of record or emailing a copy |
of the order to the licensee's or applicant's email address of |
record. The notice shall advise the licensee or applicant that |
the suspension shall be effective 60 days after the issuance |
of the order unless the Department receives, from the licensee |
or applicant, a request for a hearing before the Department to |
dispute the matters contained in the order. |
Upon receiving notice from the Illinois Workers' |
Compensation Commission or the Department of Insurance that |
the violation has been corrected or otherwise resolved, the |
Department shall vacate the order suspending a licensee's |
license or the processing of an applicant's application. |
No license shall be suspended or revoked until after the |
licensee is afforded any due process protection guaranteed by |
statute or rule adopted by the Workers' Compensation |
Commission or the Department of Insurance. |
(Source: P.A. 86-416.)
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Section 15. The Lead Poisoning Prevention Act is amended |
by changing Section 8.1 as follows:
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(410 ILCS 45/8.1) (from Ch. 111 1/2, par. 1308.1)
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Sec. 8.1. Licensing of lead inspectors and lead risk |
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assessors.
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(a) The Department shall establish standards and
licensing |
procedures for lead inspectors and lead risk assessors. An |
integral element of these
procedures shall be an education and |
training program prescribed by the
Department which shall |
include but not be limited to scientific sampling,
chemistry, |
and construction techniques. No person shall make inspections |
or risk assessments
without first being licensed by the |
Department. The penalty for inspection or risk assessment
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without a license shall be a Class A misdemeanor and an |
administrative fine.
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(b) The Department shall charge licensed lead inspectors |
and lead risk assessors reasonable license
fees and the fees |
shall be placed in the Lead Poisoning Screening,
Prevention, |
and Abatement Fund and used to fund the Department's licensing
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of lead inspectors and lead risk assessors and any other |
activities prescribed by this Act. A licensed lead
inspector |
or lead risk assessor employed by the Department or its |
delegate agency shall not be
charged a license fee.
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(c) The Department, upon notification by the Illinois |
Workers' Compensation Commission or the Department of |
Insurance, shall refuse the issuance or renewal of a license |
to, or suspend or revoke the license of, any individual, |
corporation, partnership, or other business entity that has |
been found by the Illinois Workers' Compensation Commission or |
the Department of Insurance to have failed: |
|
(1) to secure workers' compensation obligations in the |
manner required by subsections (a) and (b) of Section 4 of |
the Workers' Compensation Act; |
(2) to pay in full a fine or penalty imposed by the |
Illinois Workers' Compensation Commission or the |
Department of Insurance due to a failure to secure |
workers' compensation obligations in the manner required |
by subsections (a) and (b) of Section 4 of the Workers' |
Compensation Act; or |
(3) to fulfill all obligations assumed pursuant to any |
settlement reached with the Illinois Workers' Compensation |
Commission or the Department of Insurance due to a failure |
to secure workers' compensation obligations in the manner |
required by subsections (a) and (b) of Section 4 of the |
Workers' Compensation Act. |
A complaint filed with the Department by the Illinois |
Workers' Compensation Commission or the Department of |
Insurance that includes a certification, signed by its |
Director or Chairman or designee, attesting to a finding of |
the failure to secure workers' compensation obligations in the |
manner required by subsections (a) and (b) of Section 4 of the |
Workers' Compensation Act or the failure to pay any fines or |
penalties or to discharge any obligation under a settlement |
relating to the failure to secure workers' compensation |
obligations in the manner required by subsections (a) and (b) |
of Section 4 of the Workers' Compensation Act is prima facie |
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evidence of the licensee's or applicant's failure to comply |
with subsections (a) and (b) of Section 4 of the Workers' |
Compensation Act. Upon receipt of that certification, the |
Department shall, without a hearing, immediately suspend all |
licenses held by the licensee or the processing of any |
application from the applicant. Enforcement of the |
Department's order shall be stayed for 60 days. The Department |
shall provide notice of the suspension to the licensee by |
mailing a copy of the Department's order to the licensee's or |
applicant's address of record or emailing a copy of the order |
to the licensee's or applicant's email address of record. The |
notice shall advise the licensee or applicant that the |
suspension shall be effective 60 days after the issuance of |
the order unless the Department receives, from the licensee or |
applicant, a request for a hearing before the Department to |
dispute the matters contained in the order. |
Upon receiving notice from the Illinois Workers' |
Compensation Commission or the Department of Insurance that |
the violation has been corrected or otherwise resolved, the |
Department shall vacate the order suspending a licensee's |
license or the processing of an applicant's application. |
No license shall be suspended or revoked until after the |
licensee is afforded any due process protection guaranteed by |
statute or rule adopted by the Workers' Compensation |
Commission or the Department of Insurance. |
(Source: P.A. 98-690, eff. 1-1-15.)
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Section 20. The Illinois Plumbing License Law is amended |
by changing Section 13.1 as follows:
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(225 ILCS 320/13.1)
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Sec. 13.1. Plumbing contractors; registration; |
applications.
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(1) On and after May 1, 2002, all persons or corporations |
desiring to
engage in
the
business of plumbing contractor, |
other than any entity that maintains an
audited net worth of |
shareholders' equity equal to or exceeding $100,000,000,
shall
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register in accordance with the
provisions of this
Act.
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(2) Application for registration shall be filed with the |
Department each
year, on
or before the last day of
September, |
in writing and on forms
prepared and
furnished by the |
Department. All plumbing contractor registrations expire
on |
the last
day of
September of each year.
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(3) Applications shall contain the name, address, and |
telephone number of
the
person and the plumbing license of (i) |
the individual, if a sole
proprietorship; (ii) the
partner, if |
a partnership; or (iii) an officer, if a corporation. The
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application shall contain
the business name, address, and |
telephone number, a current copy of the
plumbing
license, and |
any other information the Department may require by rule.
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(4) Applicants shall submit an original certificate of |
insurance
documenting that
the contractor carries general |
|
liability insurance with a minimum of $100,000
per
occurrence, |
a minimum of $300,000 aggregate
for bodily injury,
property |
damage insurance with a minimum of $50,000 or a minimum of |
$300,000
combined single limit, and workers compensation
|
insurance with a minimum $500,000 employer's liability. No |
registration
may be issued in the
absence of this
certificate. |
Certificates must be in force at all times for registration to
|
remain valid.
|
(5) Applicants shall submit, on a form provided by the |
Department, an
indemnification bond in the amount of $20,000 |
or a letter of credit in the same
amount
for work performed in |
accordance with this Act and the rules promulgated under
this |
Act.
|
(5.5) The Department, upon notification by the Illinois |
Workers' Compensation Commission or the Department of |
Insurance, shall refuse the issuance or renewal of a license |
to, or suspend or revoke the license of, any individual, |
corporation, partnership, or other business entity that has |
been found by the Illinois Workers' Compensation Commission or |
the Department of Insurance to have failed: |
(a) to secure workers' compensation obligations in the |
manner required by subsections (a) and (b) of Section 4 of |
the Workers' Compensation Act; |
(b) to pay in full a fine or penalty imposed by the |
Illinois Workers' Compensation Commission or the |
Department of Insurance due to a failure to secure |
|
workers' compensation obligations in the manner required |
by subsections (a) and (b) of Section 4 of the Workers' |
Compensation Act; or |
(c) to fulfill all obligations assumed pursuant to any |
settlement reached with the Illinois Workers' Compensation |
Commission or the Department of Insurance due to a failure |
to secure workers' compensation obligations in the manner |
required by subsections (a) and (b) of Section 4 of the |
Workers' Compensation Act. |
A complaint filed with the Department by the Illinois |
Workers' Compensation Commission or the Department of |
Insurance that includes a certification, signed by its |
Director or Chairman or designee, attesting to a finding of |
the failure to secure workers' compensation obligations in the |
manner required by subsections (a) and (b) of Section 4 of the |
Workers' Compensation Act or the failure to pay any fines or |
penalties or to discharge any obligation under a settlement |
relating to the failure to secure workers' compensation |
obligations in the manner required by subsections (a) and (b) |
of Section 4 of the Workers' Compensation Act is prima facie |
evidence of the licensee's or applicant's failure to comply |
with subsections (a) and (b) of Section 4 of the Workers' |
Compensation Act. Upon receipt of that certification, the |
Department shall, without a hearing, immediately suspend all |
licenses held by the licensee or the processing of any |
application from the applicant. Enforcement of the |
|
Department's order shall be stayed for 60 days. The Department |
shall provide notice of the suspension to the licensee by |
mailing a copy of the Department's order to the licensee's or |
applicant's address of record or emailing a copy of the order |
to the licensee's or applicant's email address of record. The |
notice shall advise the licensee or applicant that the |
suspension shall be effective 60 days after the issuance of |
the order unless the Department receives, from the licensee or |
applicant, a request for a hearing before the Department to |
dispute the matters contained in the order. |
Upon receiving notice from the Illinois Workers' |
Compensation Commission or the Department of Insurance that |
the violation has been corrected or otherwise resolved, the |
Department shall vacate the order suspending a licensee's |
license or the processing of an applicant's application. |
No license shall be suspended or revoked until after the |
licensee is afforded any due process protection guaranteed by |
statute or rule adopted by the Workers' Compensation |
Commission or the Department of Insurance. |
(6) All employees of a registered
plumbing
contractor who |
engage in plumbing work shall be licensed plumbers or |
apprentice
plumbers in accordance with this Act.
|
(7) Plumbing contractors shall submit an annual |
registration fee in an
amount to
be established by rule.
|
(8) The Department shall be notified in advance of any |
changes in the
business
structure, name, or location or of the |
|
addition or deletion of the owner or
officer who is the
|
licensed plumber listed on the application. Failure to notify |
the Department
of this
information is grounds for suspension |
or revocation of the plumbing
contractor's
registration.
|
(9) In the event that the plumber's license on the |
application for
registration of a
plumbing contractor is a |
license issued by the City of Chicago, it shall be the
|
responsibility of the
applicant to forward a copy of the |
plumber's license to the Department, noting
the name of the
|
registered
plumbing contractor, when it is renewed. In the |
event that the plumbing contractor's registration is suspended |
or revoked, the Department shall notify the City of Chicago |
and any corresponding plumbing contractor's license issued by |
the City of Chicago shall be suspended or revoked.
|
(Source: P.A. 97-365, eff. 1-1-12.)
|
Section 99. Effective date. This Act takes effect January |
1, 2024.
|
