Bill Text: IL HB2399 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Amends the Illinois Architecture Practice Act of 1989. Changes various references from the Director of Professional Regulation to the Secretary of the Department of Financial and Professional Regulation. Changes provisions concerning the regulation of certain acts in performing architecture under a contract. Deletes a provision requiring the Illinois Architecture Licensing Board to submit a written report concerning the issuance or denial of licenses. In provisions concerning the examination of an applicant for a license, provides that if an applicant fails to apply within one year, the applicant shall be required to again take and pass the examination unless the Department upon recommendation of the Board determine that there is sufficient cause for the delay that is not due to the fault or the applicant. Contains provisions for the restoration of licensure for retired architects and authorizes the use of the title "Architect, Retired". Provides that the roster of licensees and registrants roster shall be organized by discipline and available by discipline upon request (instead of written request) and payment of the required fee. Changes provisions concerning the required notice to the Department for the termination of a managing agent. Changes provisions concerning the refusal, suspension, and revocation of licenses by the Secretary. Changes the fine imposed for unlicensed practice from $5,000 to $10,000. Adds provisions concerning the administration of oaths by the Secretary. Contains provisions concerning the restoration of a revoked or suspended license. Repeals a provision concerning the issuance of a license. Effective immediately.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2009-03-13 - Rule 19(a) / Re-referred to Rules Committee [HB2399 Detail]

Download: Illinois-2009-HB2399-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 HB2399 Introduced 2/19/2009, by Rep. Angelo Saviano - Robert Rita SYNOPSIS AS INTRODUCED:
See Index
Amends the Illinois Architecture Practice Act of 1989. Changes various references from the Director of Professional Regulation to the Secretary of the Department of Financial and Professional Regulation. Changes provisions concerning the regulation of certain acts in performing architecture under a contract. Deletes a provision requiring the Illinois Architecture Licensing Board to submit a written report concerning the issuance or denial of licenses. In provisions concerning the examination of an applicant for a license, provides that if an applicant fails to apply within one year, the applicant shall be required to again take and pass the examination unless the Department upon recommendation of the Board determine that there is sufficient cause for the delay that is not due to the fault or the applicant. Contains provisions for the restoration of licensure for retired architects and authorizes the use of the title "Architect, Retired". Provides that the roster of licensees and registrants roster shall be organized by discipline and available by discipline upon request (instead of written request) and payment of the required fee. Changes provisions concerning the required notice to the Department for the termination of a managing agent. Changes provisions concerning the refusal, suspension, and revocation of licenses by the Secretary. Changes the fine imposed for unlicensed practice from $5,000 to $10,000. Adds provisions concerning the administration of oaths by the Secretary. Contains provisions concerning the restoration of a revoked or suspended license. Repeals a provision concerning the issuance of a license. Effective immediately.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
HB2399 LRB096 08465 ASK 18584 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 Architecture Practice Act of 1989
is amended by changing Sections 3, 4, 5, 8, 9, 10, 12, 19, 20,
21, 22, 23, 23.5, 24, 25, 26, 28, 29, 30, 31, 33, and 36 and by
adding Section 17.5 as follows:
(225 ILCS 305/3) (from Ch. 111, par. 1303)
(Section scheduled to be repealed on January 1, 2010)
Sec. 3. Application of Act. Nothing in this Act shall be
deemed or construed to prevent the practice of structural
engineering as defined in the Structural Engineering Practice
Act of 1989, the practice of professional engineering as
defined in the Professional Engineering Practice Act of 1989,
or the preparation of documents used to prescribe work to be
done inside buildings for non-loadbearing interior
construction, furnishings, fixtures and equipment, or the
offering or preparation of environmental analysis, feasibility
studies, programming or construction management services by
persons other than those licensed in accordance with this Act,
the Structural Engineering Practice Act of 1989 or the
Professional Engineering Practice Act of 1989.
Nothing contained in this Act shall prevent the draftsmen,

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students, project representatives and other employees of those
lawfully practicing as licensed architects under the
provisions of this Act, from acting under the responsible
direct supervision and control of their employers, or to
prevent the employment of project representatives for
enlargement or alteration of buildings or any parts thereof, or
prevent such project representatives from acting under the
responsible direct supervision and control of the licensed
architect by whom the construction documents including
drawings and specifications of any such building, enlargement
or alteration were prepared.
Nothing in this Act or any other Act shall prevent a
licensed architect from practicing interior design services.
Nothing in this Act shall be construed as requiring the
services of an interior designer for the interior designing of
a single family residence.
The involvement of a licensed architect is not required for
the following:
(A) The building, remodeling or repairing of any
building or other structure outside of the corporate limits
of any city or village, where such building or structure is
to be, or is used for farm purposes, or for the purposes of
outbuildings or auxiliary buildings in connection with
such farm premises.
(B) The construction, remodeling or repairing of a
detached single family residence on a single lot.

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(C) The construction, remodeling or repairing of a
two-family residence of wood frame construction on a single
lot, not more than two stories and basement in height.
(D) Interior design services for buildings which do not
involve life safety or structural changes.
However, when an ordinance of a unit of local government
requires the involvement of a licensed architect for any
buildings included in the preceding paragraphs (A) through (D),
the requirements of this Act shall apply. All buildings not
included in the preceding paragraphs (A) through (D), including
multi-family buildings and buildings previously exempt from
the involvement of a licensed architect under those paragraphs
but subsequently non-exempt due to a change in occupancy or
use, are subject to the requirements of this Act. Interior
alterations which result in life safety or structural changes
of the building are subject to the requirements of this Act.
(Source: P.A. 92-16, eff. 6-28-01; 93-1009, eff. 1-1-05.)
(225 ILCS 305/4) (from Ch. 111, par. 1304)
(Section scheduled to be repealed on January 1, 2010)
Sec. 4. Definitions. In this Act:
"Address of record" means the designated address recorded
by the Department in the applicant's or licensee's application
file or license file 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

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changes must be made either through the Department's website.
(a) "Department" means the Department of Financial and
Professional Regulation.
(b) "Director" means the Director of Professional
Regulation.
(c) "Board" means the Illinois Architecture Licensing
Board appointed by the Secretary Director.
(d) "Public health" as related to the practice of
architecture means the state of the well-being of the body or
mind of the building user.
(e) "Public safety" as related to the practice of
architecture means the state of being reasonably free from risk
of danger, damage, or injury.
(f) "Public welfare" as related to the practice of
architecture means the well-being of the building user
resulting from the state of a physical environment that
accommodates human activity.
"Secretary" means the Secretary of the Department of
Financial and Professional Regulation.
(Source: P.A. 93-1009, eff. 1-1-05.)
(225 ILCS 305/5) (from Ch. 111, par. 1305)
(Section scheduled to be repealed on January 1, 2010)
Sec. 5. Architect defined; Acts constituting practice.
(a) An architect is a person who is qualified by education,
training, experience, and examination, and who is licensed

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under the laws of this State, to practice architecture.
(b) The practice of architecture within the meaning and
intent of this Act includes the offering or furnishing of
professional services, such as consultation, environmental
analysis, feasibility studies, programming, planning,
aesthetic and structural design, technical submissions
consisting of drawings and specifications and other documents
required in the construction process, administration of
construction contracts, project representation, and
construction management, in connection with the construction
of any private or public building, building structure, building
project, or addition to or alteration or restoration thereof.
(c) Nothing contained in this Section imposes upon a person
licensed under this Act the responsibility for the performance
of any of the activities set forth in subjection (b) of this
Section, unless such person specifically contracts to provide
the function.
(Source: P.A. 92-360, eff. 1-1-02.)
(225 ILCS 305/8) (from Ch. 111, par. 1308)
(Section scheduled to be repealed on January 1, 2010)
Sec. 8. Powers and duties of the Department.
(1) Subject to the provisions of this Act, the Department
shall exercise the following functions, powers, and duties:
(a) conduct examinations to ascertain the
qualifications and fitness of applicants for licensure as

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licensed architects, and pass upon the qualifications and
fitness of applicants for licensure by endorsement;
(b) prescribe rules for a method of examination of
candidates;
(c) prescribe rules defining what constitutes a
school, college or university, or department of a
university, or other institution, reputable and in good
standing, to determine whether or not a school, college or
university, or department of a university, or other
institution is reputable and in good standing by reference
to compliance with such rules, and to terminate the
approval of such school, college or university or
department of a university or other institution that
refuses admittance to applicants solely on the basis of
race, color, creed, sex or national origin. The Department
may adopt, as its own rules relating to education
requirements, those guidelines published from time to time
by the National Architectural Accrediting Board;
(d) prescribe rules for diversified professional
training;
(e) conduct oral interviews, disciplinary conferences
and formal evidentiary hearings on proceedings to impose
fines or to suspend, revoke, place on probationary status,
reprimand, and refuse to issue or restore any license
issued under the provisions of this Act for the reasons set
forth in Section 22 of this Act;

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(f) issue licenses to those who meet the requirements
of this Act;
(g) formulate and publish rules necessary or
appropriate to carrying out the provisions of this Act; and
(h) maintain membership in the National Council of
Architectural Registration Boards and participate in
activities of the Council by designation of individuals for
the various classifications of membership and the
appointment of delegates for attendance at regional and
national meetings of the Council. All costs associated with
membership and attendance of such delegates to any national
meetings may be funded from the Design Professionals
Administration and Investigation Fund.
(2) Prior to issuance of any final decision or order that
deviates from any report or recommendation of the Board
relating to the qualification of applicants, discipline of
licensees or registrants, or promulgation of rules, the
Director shall notify the Board in writing with an explanation
of the deviation and provide a reasonable time for the Board to
submit written comments to the Director regarding the proposed
action. In the event that the Board fails or declines to submit
written comments within 30 days of the notification, the
Director may issue a final decision or order consistent with
the Director's original decision. The Department may at any
time seek the expert advice and knowledge of the Board on any
matter relating to the enforcement of this Act.

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(Source: P.A. 91-133, eff. 1-1-00; 92-16, eff. 6-28-01.)
(225 ILCS 305/9) (from Ch. 111, par. 1309)
(Section scheduled to be repealed on January 1, 2010)
Sec. 9. Creation of the Board. The Secretary Director shall
appoint an Architecture Licensing Board which will consist of 6
members. Five members shall be licensed architects, one of whom
shall be a tenured member of the architectural faculty of the
University of Illinois. The other 4 shall be licensed
architects, residing in this State, who have been engaged in
the practice of architecture at least 10 years. In addition to
the 5 licensed architects, there shall be one public member.
The public member shall be a voting member and shall not hold a
license as an architect, professional engineer, structural
engineer or land surveyor.
Board members shall serve 5 year terms and until their
successors are appointed and qualified. In making the
designation of persons to the Board, the Secretary Director
shall give due consideration to recommendations by members and
organizations of the profession.
The membership of the Board should reasonably reflect
representation from the geographic areas in this State.
No member shall be reappointed to the Board for a term
which would cause his or her continuous service on the Board to
be longer than 10 successive years. Service prior to the
effective date of this Act shall not be considered.

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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 and Board members in office on that date under
the predecessor Act may be appointed to specific terms as
indicated in this Section.
Persons holding office as members of the Board under the
Illinois Architecture Act immediately prior to the effective
date of this Act shall continue as members of the Board under
this Act until the expiration of the term for which they were
appointed and until their successors are appointed and
qualified.
A quorum of the Board shall consist of a majority of Board
members currently appointed. A majority vote of the quorum is
required for Board decisions.
The Secretary Director may remove any member of the Board
for misconduct, incompetence, neglect of duty, or for reasons
prescribed by law for removal of State officials.
The Secretary Director may remove a member of the Board who
does not attend 2 consecutive meetings.
Notice of proposed rulemaking shall be transmitted to the
Board and the Department shall review the response of the Board
and any recommendations made therein. The Department may, at
any time, seek the expert advice and knowledge of the Board on
any matter relating to the administration or enforcement of
this Act.

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Members of the Board are immune from suit in any action
based upon any disciplinary proceedings or other activities
performed in good faith as members of the Board.
(Source: P.A. 91-133, eff. 1-1-00.)
(225 ILCS 305/10) (from Ch. 111, par. 1310)
(Section scheduled to be repealed on January 1, 2010)
Sec. 10. Powers and duties of the Board.
(a) The Board shall hold at least 3 regular meetings each
year.
(b) The Board shall annually elect a Chairperson and a Vice
Chairperson who shall be licensed architects.
(c) The Board, upon request by the Department, may make a
curriculum evaluation to determine if courses conform to the
requirements of approved architectural programs.
(d) The Board shall assist the Department in conducting
oral interviews, disciplinary conferences and formal
evidentiary hearings.
(e) The Department may, at any time, seek the expert advice
and knowledge of the Board on any matter relating to the
enforcement of this Act.
(f) The Board may appoint a subcommittee to serve as a
Complaint Committee to recommend the disposition of case files
according to procedures established by rule.
(g) The Board shall review applicant qualifications to sit
for the examination or for licensure and shall make

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recommendations to the Department. The Department shall review
the Board's recommendations on applicant qualifications. The
Secretary Director shall notify the Board in writing with an
explanation of any deviation from the Board's recommendation on
applicant qualifications. After review of the Secretary's
Director's written explanation of his or her reasons for
deviation, the Board shall have the opportunity to comment upon
the Secretary's Director's decision.
(h) The Board shall submit written comments to the
Secretary Director within 30 days from notification of any
final decision or order from the Secretary Director that
deviates from any report or recommendation of the Board
relating to the qualifications of applicants, discipline of
licensees or registrants, or promulgation of rules.
(Source: P.A. 91-133, eff. 1-1-00.)
(225 ILCS 305/12) (from Ch. 111, par. 1312)
(Section scheduled to be repealed on January 1, 2010)
Sec. 12. Examinations; subjects; failure or refusal to take
examination. The Department shall authorize examination of
applicants as architects at such times and places as it may
determine. The examination shall be in English and shall be
written or written and graphic. It shall include at a minimum
the following subjects:
(a) pre-design (environmental analysis, architectural
programming, and application of principles of project

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management and coordination);
(b) site planning (site analysis, design and
development, parking, and application of zoning
requirements);
(c) building planning (conceptual planning of
functional and space relationships, building design,
interior space layout, barrier-free design, and the
application of the life safety code requirements and
principles of energy efficient design);
(d) building technology (application of structural
systems, building components, and mechanical and
electrical systems);
(e) general structures (identification, resolution,
and incorporation of structural systems and the long span
design on the technical aspects of the design of buildings
and the process and construction);
(f) lateral forces (identification and resolution of
the effects of lateral forces on the technical aspects of
the design of buildings and the process of construction);
(g) mechanical and electrical systems (as applied to
the design of buildings, including plumbing and acoustical
systems);
(h) materials and methods (as related to the design of
buildings and the technical aspects of construction); and
(i) construction documents and services (conduct of
architectural practice as it relates to construction

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documents, bidding, and construction administration and
contractual documents from beginning to end of a building
project).
It shall be the responsibility of the applicant to be
familiar with this Act and its rules.
Examination subject matter headings and bases on which
examinations are graded shall be indicated in rules pertaining
to this Act. The Department may adopt the examinations and
grading procedures of the National Council of Architectural
Registration Boards. Content of any particular examination
shall not be considered public record under the Freedom of
Information Act.
If an applicant neglects without an approved excuse or
refuses to take the next available examination offered for
licensure under this Act, the fee paid by the applicant shall
be forfeited. If an applicant fails to pass an examination for
licensure under this Act within 3 years after filing an
application, the application shall be denied. The applicant
may, however, make a new application for examination
accompanied by the required fee and must furnish proof of
meeting the qualifications for examination in effect at the
time of the new application.
The Department may by rule prescribe additional subjects
for examination.
An applicant has one year from the date of notification of
successful completion of all the examination requirements to

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apply to the Department for a license. If an applicant fails to
apply within one year, the applicant shall be required to again
take and pass the examination unless the Department upon
recommendation of the Board determine that there is sufficient
cause for the delay that is not due to the fault or the
applicant.
(Source: P.A. 91-133, eff. 1-1-00; 92-16, eff. 6-28-01.)
(225 ILCS 305/17.5 new)
Sec. 17.5. Architect; retired. Pursuant to Section 2105-15
of the Department of Professional Regulation Law of the Civil
Administration Code of Illinois, the Department may grant the
title "Architect, Retired" to any person who has been duly
licensed as an architect by the Department and who chooses to
relinquish or not renew his or her license. Those persons
granted the title "Architect, Retired" may request restoration
to active status under the applicable provisions of this Act.
The use of the title "Architect, Retired" shall not
constitute representation of current licensure. Any person
without an active license shall not practice architecture as
defined in this Act.
Nothing in this Section shall be construed to require the
Department to issue any certificate, credential, or other
official document indicating that a person has been granted the
title "Architect, Retired".

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(225 ILCS 305/19) (from Ch. 111, par. 1319)
(Section scheduled to be repealed on January 1, 2010)
Sec. 19. Fees.
(a) The Department shall provide by rule for a schedule of
fees to be paid for licenses by all applicants. All fees are
not refundable.
(b) The fees for the administration and enforcement of this
Act, including but not limited to original licensure, renewal,
and restoration, shall be set by rule by the Department.
All of the fees and fines collected pursuant to this
Section shall be deposited in the Design Professionals
Administration and Investigation Fund. Of the moneys deposited
into the Design Professionals Administration and Investigation
Fund, the Department may use such funds as necessary and
available to produce and distribute newsletters to persons
licensed under this Act.
Any person who delivers a check or other payment to the
Department that is returned to the Department unpaid by the
financial institution upon which it is drawn shall pay to the
Department, in addition to the amount already owed to the
Department, a fine of $50. The fines imposed by this Section
are in addition to any other discipline provided under this Act
for unlicensed practice or practice on a nonrenewed license.
The Department shall notify the person that 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,

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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 or deny the application, without
hearing. If, after termination or denial, the person seeks a
license or certificate, he or she shall apply to the Department
for restoration or issuance of the license or certificate 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 to pay all expenses of
processing this application. The Secretary Director may waive
the fines due under this Section in individual cases where the
Secretary Director finds that the fines would be unreasonable
or unnecessarily burdensome.
(Source: P.A. 91-133, eff. 1-1-00; 92-146, eff. 1-1-02.)
(225 ILCS 305/20) (from Ch. 111, par. 1320)
(Section scheduled to be repealed on January 1, 2010)
Sec. 20. Roster of licensees and registrants. A roster
showing the names and addresses of all architects,
architectural corporations and partnerships and professional
design firms licensed or registered under this Act shall be
prepared by the Department each year. This roster shall be
organized by discipline and available by discipline upon
written request and payment of the required fee.
(Source: P.A. 94-543, eff. 8-10-05.)

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(225 ILCS 305/21) (from Ch. 111, par. 1321)
(Section scheduled to be repealed on January 1, 2010)
Sec. 21. Professional design firm registration;
conditions.
(a) Nothing in this Act shall prohibit the formation, under
the provisions of the Professional Service Corporation Act, of
a corporation to offer the practice of architecture.
Any business, including a Professional Service
Corporation, that includes the practice of architecture within
its stated purposes, practices architecture, or holds itself
out as available to practice architecture shall register with
the Department under this Section. Any professional service
corporation, sole proprietorship, or professional design firm
offering architectural services must have a resident architect
overseeing the architectural practices in each location in
which architectural services are provided.
Any sole proprietorship not owned and operated by an
Illinois licensed design professional licensed under this Act
shall be prohibited from offering architectural services to the
public. "Illinois licensed design professional" means a person
who holds an active license as an architect under this Act, as
a structural engineer under the Structural Engineering
Practice Act of 1989, or as a professional engineer under the
Professional Engineering Practice Act of 1989. Any sole
proprietorship owned and operated by an architect with an

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active license issued under this Act and conducting or
transacting such business under an assumed name in accordance
with the provisions of the Assumed Business Name Act shall
comply with the registration requirements of a professional
design firm. Any sole proprietorship owned and operated by an
architect with an active license issued under this Act and
conducting or transacting such business under the real name of
the sole proprietor is exempt from the registration
requirements of a professional design firm.
(b) Any corporation, including a Professional Service
Corporation, partnership, limited liability company, or
professional design firm seeking to be registered under this
Section shall not be registered unless:
(1) two-thirds of the board of directors, in the case
of a corporation, or two-thirds of the general partners, in
the case of a partnership, or two-thirds of the members, in
the case of a limited liability company, are licensed under
the laws of any State to practice architecture,
professional engineering, land surveying, or structural
engineering; and
(2) the person having the architectural practice in
this State in his charge is (A) a director in the case of a
corporation, a general partner in the case of a
partnership, or a member in the case of a limited liability
company, and (B) holds a license under this Act.
Any corporation, limited liability company, professional

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service corporation, or partnership qualifying under this
Section and practicing in this State shall file with the
Department any information concerning its officers, directors,
members, managers, partners or beneficial owners as the
Department may, by rule, require.
(c) No business shall offer the practice or hold itself out
as available to offer the practice of architecture until it is
registered with the Department.
(d) Any business seeking to be registered under this
Section shall make application on a form provided by the
Department and shall provide any information requested by the
Department, which shall include but shall not be limited to all
of the following:
(1) The name and architect's license number of at least
one person designated as the managing agent in responsible
charge of the practice of architecture in Illinois. In the
case of a corporation, the corporation shall also submit a
certified copy of the resolution by the board of directors
designating at least one managing agent. If a limited
liability company, the company shall submit a certified
copy of either its articles of organization or operating
agreement designating the managing agent.
(2) The names and architect's, professional
engineer's, structural engineer's, or land surveyor's
license numbers of the directors, in the case of a
corporation, the members, in the case of a limited

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liability company, or general partners, in the case of a
partnership.
(3) A list of all locations at which the professional
design firm provides architectural services.
(4) A list of all assumed names of the business.
Nothing in this Section shall be construed to exempt a
business from compliance with the requirements of the
Assumed Business Name Act.
It is the responsibility of the professional design firm to
provide the Department notice, in writing, of any changes in
the information requested on the application.
(e) In the event a managing agent is terminated or
terminates his or her status as managing agent of the
professional design firm, the managing agent and professional
design firm shall notify the Department of this fact in
writing, by certified mail, within 10 business days of
termination.
Thereafter, the professional design firm, if it has so
informed the Department, has 30 days in which to notify the
Department of the name and architect's license number of the
architect who is the newly designated managing agent. If a
corporation, the corporation shall also submit a certified copy
of a resolution by the board of directors designating the new
managing agent. If a limited liability company, the company
shall also submit a certified copy of either its articles of
organization or operating agreement designating the new

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managing agent. The Department may, upon good cause shown,
extend the original 30 day period.
If the professional design firm has not notified the
Department in writing, by certified mail within the specified
time, the registration shall be terminated without prior
hearing. Notification of termination shall be sent by certified
mail to the last known address of record the business. If the
professional design firm continues to operate and offer
architectural services after the termination, the Department
may seek prosecution under Sections 22, 36, and 36a of this Act
for the unlicensed practice of architecture.
(f) No professional design firm shall be relieved of
responsibility for the conduct or acts of its agents,
employees, or officers by reason of its compliance with this
Section, nor shall any individual practicing architecture be
relieved of the responsibility for professional services
performed by reason of the individual's employment or
relationship with a professional design firm registered under
this Section.
(g) Disciplinary action against a professional design firm
registered under this Section shall be administered in the same
manner and on the same grounds as disciplinary action against a
licensed architect. All disciplinary action taken or pending
against a corporation or partnership before the effective date
of this amendatory Act of 1993 shall be continued or remain in
effect without the Department filing separate actions.

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(Source: P.A. 91-91, eff. 1-1-00; 91-133, eff. 1-1-00.)
(225 ILCS 305/22) (from Ch. 111, par. 1322)
(Section scheduled to be repealed on January 1, 2010)
Sec. 22. Refusal, suspension and revocation of licenses;
Causes.
(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 imposing fines not to exceed $10,000 for each
violation with regard to any license for one or any
combination , singularly or in combination, refuse to issue,
renew or restore, or may suspend or revoke any license or
registration, or may place on probation, reprimand, or fine,
with a civil penalty not to exceed $10,000 for each violation,
any person, corporation, or partnership, or professional
design firm licensed or registered under this Act for any of
the following reasons:
(1) material misstatement in furnishing information to
the Department;
(2) negligence, incompetence or misconduct in the
practice of architecture;
(3) failure to comply with any of the provisions of
this Act or any of the rules;
(4) making any misrepresentation for the purpose of
obtaining licensure;

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(5) purposefully making false statements or signing
false statements, certificates or affidavits to induce
payment;
(6) gross malpractice conviction of any crime under the
laws of the United States, or any state or territory
thereof, which is a felony, whether related to the practice
of architecture or not; or conviction of any crime, whether
a felony, misdemeanor, or otherwise, an essential element
of which is dishonesty, wanton disregard for the rights of
others, or which is directly related to the practice of
architecture;
(7) aiding or assisting another person in violating any
provision of this Act or its rules;
(8) signing, affixing the licensed architect's seal or
permitting the architect's seal to be affixed to any
construction documents not prepared by the architect or
under that architect's direct supervision and control;
(9) engaging in dishonorable, unethical or
unprofessional conduct of a character likely to deceive,
defraud or harm the public;
(10) inability to practice with reasonable judgment,
skill, or safety as a result of habitual or excessive use
or addiction to alcohol, narcotics, stimulants or any other
chemical agent or drug habitual intoxication or addiction
to the use of drugs;
(11) making a statement of compliance pursuant to the

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Environmental Barriers Act that construction documents
prepared by the Licensed Architect or prepared under the
licensed architect's direct supervision and control for
construction or alteration of an occupancy required to be
in compliance with the Environmental Barriers Act are in
compliance with the Environmental Barriers Act when such
construction documents are not in compliance;
(12) a finding by the Department Board that an
applicant or registrant has failed to pay a fine imposed by
the Department or a registrant, whose license has been
placed on probationary status, has violated the terms of
probation;
(13) discipline by another state, territory, foreign
country, the District of Columbia, the United States
government, or any other governmental agency, if at least
one of the grounds for discipline is the same or
substantially equivalent to those set forth herein;
(14) failure to provide information in response to a
written request made by the Department within 30 days after
the receipt of such written request;
(15) inability to practice the profession with
reasonable judgment, skill, or safety as a result of a
physical illness, including, but not limited to,
deterioration through the aging process or loss of motor
skill, or a mental illness or disability; or physical
illness, including, but not limited to, deterioration

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through the aging process or loss of motor skill which
results in the inability to practice the profession with
reasonable judgment, skill or safety.
(16) 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 of the
Department of Professional Regulation Law of the Civil
Administrative Code of Illinois.
(a-5) In enforcing this Section, the Department or Board,
upon a showing of a possible violation, may order a licensee or
applicant to submit to a mental or physical examination, or
both, at the expense of the Department. The Department or Board
may order the examining physician to present testimony
concerning his or her examination of the licensee or applicant.
No information shall be excluded by reason of any common law or
statutory privilege relating to communications between the
licensee or applicant and the examining physician. The
examining physicians shall be specifically designated by the
Board or Department. The licensee or applicant may have, at his
or her own expense, another physician of his or her choice
present during all aspects of the examination. Failure of a
licensee or applicant to submit to any such examination when
directed, without reasonable cause as defined by rule, shall be

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grounds for either the immediate suspension of his or her
license or immediate denial of his or her application.
If the Secretary immediately suspends the license of a
licensee for his or her failure to submit to a mental or
physical examination when directed, a hearing must be convened
by the Department within 15 days after the suspension and
completed without appreciable delay.
If the Secretary otherwise suspends a license pursuant to
the results of the licensee's mental or physical examination, a
hearing must be convened by the Department within 15 days after
the suspension and completed without appreciable delay. The
Department and Board shall have the authority to review the
licensee's record of treatment and counseling regarding the
relevant impairment or impairments to the extent permitted by
applicable federal statutes and regulations safeguarding the
confidentiality of medical records.
Any licensee suspended under this subsection (a-5) shall be
afforded an opportunity to demonstrate to the Department or
Board that he or she can resume practice in compliance with the
acceptable and prevailing standards under the provisions of his
or her license.
In enforcing this Section, the Board upon a showing of a
possible violation may request that the Department compel a
person licensed to practice under this Act, or who has applied
for licensure or certification pursuant to this Act, to submit
to a mental or physical examination, or both, as required by

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and at the expense of the Department. The examining physicians
shall be those specifically designated by the Department. The
Department may order the examining physician to present
testimony concerning this mental or physical examination of the
licensee or applicant. No information shall be excluded by
reason of any common law or statutory privilege relating to
communications between the licensee or applicant and the
examining physician. The person to be examined may have, at his
or her own expense, another physician of his or her choice
present during all aspects of the examination. Failure of any
person to submit to a mental or physical examination, when
directed, shall be grounds for suspension of a license until
the person submits to the examination if the Department finds,
after notice and hearing, that the refusal to submit to the
examination was without reasonable cause.
If the Board finds a person unable to practice because of
the reasons set forth in this Section, the Board may recommend
that the Department require that person to submit to care,
counseling, or treatment by physicians approved or designated
by the Department as a condition, term, or restriction for
continued, reinstated, or renewed licensure to practice; or, in
lieu of care, counseling, or treatment, the Board may recommend
to the Department to file a complaint to immediately suspend,
revoke or otherwise discipline the license of the person. Any
person whose license was granted, continued, reinstated,
renewed, disciplined, or supervised subject to such terms,

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conditions, or restrictions and who fails to comply with such
terms, conditions, or restrictions shall be referred to the
Director for a determination as to whether the person shall
have his or her license suspended immediately, pending a
hearing by the Board.
(b) The determination by a circuit court that a licensee is
subject to involuntary admission or judicial admission, as
provided in the Mental Health and Developmental Disabilities
Code, operates as an automatic suspension. Such suspension will
end only upon a finding by a court that the patient is no
longer subject to involuntary admission or judicial admission,
the issuance of an order so finding and discharging the
patient, and the recommendation of the Board to the Secretary
Director that the licensee be allowed to resume practice.
(c) The Department shall deny a license or renewal
authorized by this Act to a person who has defaulted on an
educational loan or scholarship provided or guaranteed by the
Illinois Student Assistance Commission or any governmental
agency of this State in accordance with item (5) of subsection
(a) of Section 15 of the Department of Professional Regulation
Law of the Civil Administrative Code of Illinois. In cases
where the Department of Healthcare and Family Services 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

HB2399 - 29 - LRB096 08465 ASK 18584 b
revoke or suspend that person's license or may take other
disciplinary action against that person based solely upon the
certification of delinquency made by the Department of
Healthcare and Family Services in accordance with item (5) of
subsection (a) of Section 15 of the Department of Professional
Regulation Law of the Civil Administrative Code of Illinois.
(d) In cases where the Department of Healthcare and Family
Services 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 may refuse to issue or renew or
may revoke or suspend that person's license or may take other
disciplinary action against that person based solely upon the
certification of delinquency made by the Department of
Healthcare and Family Services in accordance with item (5) of
subsection (a) of Section 2105-15 of the Department of
Professional Regulation Law of the Civil Administrative Code of
Illinois. The Department may refuse to issue or may suspend the
license 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.
(e) Persons who assist the Department as consultants or
expert witnesses in the investigation or prosecution of alleged

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violations of the Act, licensure matters, restoration
proceedings, or criminal prosecutions, shall not be liable for
damages in any civil action or proceeding as a result of such
assistance, except upon proof of actual malice. The attorney
general shall defend such persons in any such action or
proceeding.
(Source: P.A. 94-543, eff. 8-10-05.)
(225 ILCS 305/23) (from Ch. 111, par. 1323)
(Section scheduled to be repealed on January 1, 2010)
Sec. 23. Violations; Injunction; Cease and desist order.
(a) If any person or entity violates a provision of this
Act, the Secretary Director may, in the name of the People of
the State of Illinois, through the Attorney General of the
State of Illinois, petition for an order enjoining such
violation or for an order enforcing compliance with this Act.
Upon the filing of a verified petition in such court, the court
may issue a temporary restraining order, without notice or
bond, and may preliminarily and permanently enjoin such
violation. If it is established that such person or entity 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 any person or entity practices as an architect or
holds himself out as an architect or professional design firm

HB2399 - 31 - LRB096 08465 ASK 18584 b
without being licensed or registered under the provisions of
this Act, then any licensed 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) Whenever in the opinion of the Department any person or
entity 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 him. The rule shall clearly set
forth the grounds relied upon by the Department and shall
provide a period of 7 days from the date of the rule to file an
answer to the satisfaction of the Department. Failure to answer
to the satisfaction of the Department shall cause an order to
cease and desist to be issued immediately.
(Source: P.A. 88-428.)
(225 ILCS 305/23.5)
(Section scheduled to be repealed on January 1, 2010)
Sec. 23.5. Unlicensed practice; violation; civil penalty.
(a) Any person who practices, offers to practice, attempts
to practice, or holds oneself out to practice as an architect
without being licensed under this Act shall, in addition to any
other penalty provided by law, pay a civil penalty to the
Department in an amount not to exceed $10,000 $5,000 for each
offense as determined by the Department. The civil penalty
shall be assessed by the Department after a hearing is held in

HB2399 - 32 - LRB096 08465 ASK 18584 b
accordance with the provisions set forth in this Act regarding
the provision of a hearing for the discipline of a licensee.
(a-5) Any entity that advertises architecture services in a
telecommunications directory must include its architecture
firm registration number or, in the case of a sole proprietor,
his or her individual license number. Nothing in this
subsection (a-5) requires the publisher of a
telecommunications directory to investigate or verify the
accuracy of the registration or license number provided by the
advertiser of architecture services.
(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. 94-543, eff. 8-10-05.)
(225 ILCS 305/24) (from Ch. 111, par. 1324)
(Section scheduled to be repealed on January 1, 2010)
Sec. 24. Investigations; notice and hearing. The
Department may investigate the actions of any applicant or of
any person or entity holding or claiming to hold a license or
registration. Before the initiation of an investigation, the
matter shall be reviewed by a subcommittee of the Board

HB2399 - 33 - LRB096 08465 ASK 18584 b
according to procedures established by rule for the Complaint
Committee. The Department shall, before refusing to restore,
issue or renew a license or registration, or discipline a
licensee or registrant, at least 30 days prior to the date set
for the hearing, notify in writing the applicant for, or holder
of, a license or registrant of the nature of the charges and
that a hearing will be held on the date designated, and direct
the applicant or entity or licensee or registrant to file a
written answer to the Board under oath within 20 days after the
service of the notice and inform the applicant or entity or
licensee or registrant that failure to file an answer will
result in default being taken against the applicant or entity
or licensee or registrant and that the license or certificate
may be suspended, revoked, placed on probationary status, or
other disciplinary action may be taken, including limiting the
scope, nature or extent of practice, as the Secretary Director
may deem proper. Written notice may be served by personal
delivery or certified or registered mail to the respondent at
the address of record with his last notification to the
Department. In case the person or entity fails to file an
answer after receiving notice, his or her license or
certificate may, in the discretion of the Department, be
suspended, revoked, or placed on probationary status, or the
Department may take whatever disciplinary action deemed
proper, including limiting the scope, nature, or extent of the
person's practice or the imposition of a fine, without a

HB2399 - 34 - LRB096 08465 ASK 18584 b
hearing, if the act or acts charged constitute sufficient
grounds for such action under this Act. 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 such statements, testimony,
evidence and argument 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; 88-428.)
(225 ILCS 305/25) (from Ch. 111, par. 1325)
(Section scheduled to be repealed on January 1, 2010)
Sec. 25. Stenographer; transcript. The Department, at its
expense, shall preserve a record of all proceedings at the
formal hearing of any case involving the refusal to restore,
issue or renew a license, or the discipline of a licensee. The
notice of hearing, complaint and all other documents in the
nature of pleadings and written motions filed in the
proceedings, the transcript of testimony, the report of the
Board and the orders of the Department shall be the record of
the proceedings. The Department shall furnish a transcript of
the record to any person interested in the hearing upon payment
of the fee required by Section 2105-115 of the Department of
Professional Regulation Law (20 ILCS 2105/2105-115).
(Source: P.A. 91-239, eff. 1-1-00.)

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(225 ILCS 305/26) (from Ch. 111, par. 1326)
(Section scheduled to be repealed on January 1, 2010)
Sec. 26. Subpoenas; depositions; oaths of witnesses;
Oaths. The Department has 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 is
prescribed in civil cases in the courts off this State.
The Secretary, the designated hearing officer, and every
member of the Board has the power to administer oaths to
witnesses at any hearing that the Department is authorized to
conduct, and any other oaths authorized in any Act administered
by the Department. and bring before it any person in this State
and to take testimony either orally or by deposition, or both,
with the same fees and mileage and in the same manner as
prescribed by law in judicial proceedings in civil cases in
circuit courts of this State.
The Director, and every member of the Board each have power
to administer oaths to witnesses at any hearing which the
Department is authorized by law to conduct, and any other oaths
required or authorized in any Act administered by the
Department.
(Source: P.A. 86-702.)
(225 ILCS 305/28) (from Ch. 111, par. 1328)
(Section scheduled to be repealed on January 1, 2010)

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Sec. 28. Report of Board; Rehearing. After the hearing, the
Board shall present to the Secretary Director its written
report of its findings and recommendations. A copy of such
report shall be served upon the accused person, either
personally or by registered or certified mail as provided in
this Act for the service of the notice. Within 20 days after
such service, the accused person may present to the Department
his motion in writing for a rehearing which shall specify the
particular grounds for rehearing. If the accused person orders
and pays for a transcript of the record as provided in this
Section, the time elapsing before such transcript is ready for
delivery to him shall not be counted as part of such 20 days.
Whenever the Secretary Director is not satisfied that
substantial justice has been done, he may order a rehearing by
the same or another 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. 86-702.)
(225 ILCS 305/29) (from Ch. 111, par. 1329)
(Section scheduled to be repealed on January 1, 2010)
Sec. 29. Hearing officer. Notwithstanding the provisions
of Section 28 of this Act, the Secretary Director has the
authority to appoint any attorney duly licensed to practice law
in the State of Illinois to serve as the hearing officer in any

HB2399 - 37 - LRB096 08465 ASK 18584 b
action under Section 24. The Secretary Director shall notify
the Board of any such appointment. The hearing officer has full
authority to conduct the hearing. The Board has the right to
have at least one member present at any hearing conducted by
such hearing officer. 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 the report of the hearing
officer 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 in any
regard with the report of the Board or hearing officer, he may
issue an order in contravention thereof. The Secretary Director
shall notify provide a written explanation to the Board on any
such deviation, and shall specify with particularity the
reasons for such action in the final order.
(Source: P.A. 86-702.)
(225 ILCS 305/30) (from Ch. 111, par. 1330)
(Section scheduled to be repealed on January 1, 2010)
Sec. 30. Order to be prima facie proof. An order of
revocation or suspension or a certified copy thereof, over the
seal of the Department and purporting to be signed by the
Secretary Director, shall be prima facie proof that:

HB2399 - 38 - LRB096 08465 ASK 18584 b
(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.
Such proof may be rebutted.
(Source: P.A. 91-357, eff. 7-29-99.)
(225 ILCS 305/31) (from Ch. 111, par. 1331)
(Section scheduled to be repealed on January 1, 2010)
Sec. 31. Restoration of suspended or revoked Issuance or
restoration of license. At any time after the successful
completion of a term of suspension or revocation of a license,
the Department may restore it to the licensee, 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. the refusal to issue, or after the suspension
or revocation of any license, the Department may issue or
restore it to the applicant without examination, upon the
written recommendation of the Board.
(Source: P.A. 86-702.)
(225 ILCS 305/33) (from Ch. 111, par. 1333)
(Section scheduled to be repealed on January 1, 2010)
Sec. 33. Temporary suspension of a license. The Secretary

HB2399 - 39 - LRB096 08465 ASK 18584 b
Director may temporarily suspend the license of an architect
without a hearing, simultaneously with the institution of
proceedings for a hearing provided for in Section 24 of this
Act, if the Secretary Director finds that evidence in his
possession indicates that an architect's continuation in
practice would constitute an imminent danger to the public. In
the event that the Secretary Director temporarily suspends the
license of an architect without a hearing, a hearing by the
Board must be held within 30 days after such suspension has
occurred.
(Source: P.A. 86-702.)
(225 ILCS 305/36) (from Ch. 111, par. 1336)
(Section scheduled to be repealed on January 1, 2010)
Sec. 36. Violations. Each of the following Acts constitutes
a Class A misdemeanor for the first offense and a Class 4
felony for a second or subsequent offense:
(a) the practice, attempt to practice or offer to
practice architecture, or the advertising or putting out of
any sign or card or other device which might indicate to
the public that the person is entitled to practice
architecture, without a license as a licensed architect, or
registration as a professional design firm issued by the
Department. Each day of practicing architecture or
attempting to practice architecture, and each instance of
offering to practice architecture, without a license as a

HB2399 - 40 - LRB096 08465 ASK 18584 b
licensed architect or registration as a professional
design firm constitutes a separate offense;
(b) the making of any wilfully false oath or
affirmation in any matter or proceeding where an oath or
affirmation is required by this Act;
(c) the affixing of a licensed architect's seal to any
construction documents which have not been prepared by that
architect or under the architect's direct supervision and
control;
(d) the violation of any provision of this Act or its
rules;
(e) using or attempting to use an expired, inactive,
suspended, or revoked license, or the certificate or seal
of another, or impersonating another licensee;
(f) obtaining or attempting to obtain a license or
registration by fraud; or
(g) If any person, sole proprietorship, professional
service corporation, limited liability company,
corporation or partnership, or other entity practices
architecture or advertises or displays any sign or card or
other device that might indicate to the public that the
person or entity is entitled to practice as an architect or
use the title "architect" or any of its derivations unless
the person or other entity holds an active license as an
architect or registration as a professional design firm in
the State; then, in addition to any other penalty provided

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by law any person or other entity who violates this
subsection (g) shall forfeit and pay to the Design
Professionals Administration and Investigation Fund a
civil penalty in an amount determined by the Department of
not more than $10,000 $5,000 for each offense.
An unlicensed person who has completed the education
requirements, is actively participating in the diversified
professional training, and maintains in good standing a
training record as required for licensure by this Act may use
the title "architectural intern", but may not engage in the
practice of architecture.
(Source: P.A. 93-1009, eff. 1-1-05.)
(225 ILCS 305/15 rep.)
Section 10. The Illinois Architecture Practice Act of 1989
is amended by repealing Section 15.
Section 99. Effective date. This Act takes effect upon
becoming law.
HB2399 - 42 - LRB096 08465 ASK 18584 b
INDEX
Statutes amended in order of appearance
225 ILCS 305/3 from Ch. 111, par. 1303
225 ILCS 305/4 from Ch. 111, par. 1304
225 ILCS 305/5 from Ch. 111, par. 1305
225 ILCS 305/8 from Ch. 111, par. 1308
225 ILCS 305/9 from Ch. 111, par. 1309
225 ILCS 305/10 from Ch. 111, par. 1310
225 ILCS 305/12 from Ch. 111, par. 1312
225 ILCS 305/17.5 new
225 ILCS 305/19 from Ch. 111, par. 1319
225 ILCS 305/20 from Ch. 111, par. 1320
225 ILCS 305/21 from Ch. 111, par. 1321
225 ILCS 305/22 from Ch. 111, par. 1322
225 ILCS 305/23 from Ch. 111, par. 1323
225 ILCS 305/23.5
225 ILCS 305/24 from Ch. 111, par. 1324
225 ILCS 305/25 from Ch. 111, par. 1325
225 ILCS 305/26 from Ch. 111, par. 1326
225 ILCS 305/28 from Ch. 111, par. 1328
225 ILCS 305/29 from Ch. 111, par. 1329
225 ILCS 305/30 from Ch. 111, par. 1330
225 ILCS 305/31 from Ch. 111, par. 1331
225 ILCS 305/33 from Ch. 111, par. 1333
225 ILCS 305/36 from Ch. 111, par. 1336
HB2399 - 43 - LRB096 08465 ASK 18584 b
225 ILCS 305/15 rep.