Public Act 103-0816

HB4426 Enrolled LRB103 35695 AWJ 65771 b

AN ACT concerning government.

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

represented in the General Assembly:

Section 5. The Regulatory Sunset Act is amended by

changing Sections 4.35 and 4.40 as follows:

(5 ILCS 80/4.35)

Sec. 4.35. Acts repealed on January 1, 2025. The following

Acts are repealed on January 1, 2025:

The Genetic Counselor Licensing Act.

The Illinois Certified Shorthand Reporters Act of 1984.

(Source: P.A. 103-563, eff. 11-17-23.)

(5 ILCS 80/4.40)

Sec. 4.40. Acts repealed on January 1, 2030. The following

Acts are repealed on January 1, 2030:

The Auction License Act.

The Illinois Architecture Practice Act of 1989.

The Illinois Certified Shorthand Reporters Act of 1984.

The Illinois Professional Land Surveyor Act of 1989.

The Orthotics, Prosthetics, and Pedorthics Practice Act.

The Perfusionist Practice Act.

The Professional Engineering Practice Act of 1989.

The Real Estate License Act of 2000.

The Structural Engineering Practice Act of 1989.

(Source: P.A. 101-269, eff. 8-9-19; 101-310, eff. 8-9-19;

101-311, eff. 8-9-19; 101-312, eff. 8-9-19; 101-313, eff.

8-9-19; 101-345, eff. 8-9-19; 101-346, eff. 8-9-19; 101-357,

eff. 8-9-19; 102-558, eff. 8-20-21.)

Section 10. The Illinois Certified Shorthand Reporters Act

of 1984 is amended by changing Sections 4, 5, 6, 8, 10, 12.1,

14, 15, 16, 17, 19, 23, 23.1, 23.2, 23.4, 23.6, 23.7, 23.9,

23.15, 24, 26, and 26.1 and by adding Section 4.1 as follows:

(225 ILCS 415/4) (from Ch. 111, par. 6204)

(Section scheduled to be repealed on January 1, 2025)

Sec. 4. In this Act:

(1) "Department" means the Department of Financial and

Professional Regulation.

(2) "Secretary" means the Secretary of Financial and

Professional Regulation.

(3) "Board" means the Certified Shorthand Reporters Board

appointed by the Secretary.

(4) "The practice of shorthand reporting" means reporting,

by the use of any system of manual or mechanical shorthand

writing, of Grand Jury proceedings, court proceedings, court

related proceedings, pretrial examinations, depositions,

motions and related proceedings of like character, or

proceedings of an administrative agency when the final

decision of the agency with reference thereto is likely to be

subject to judicial review under the provisions of the

Administrative Review Law.

(5) "Shorthand reporter" means a person who is technically

qualified and certified under this Act to practice shorthand

reporting.

(6) "Stenographic notes" means the original notes by

manual or mechanical shorthand or shorthand writing taken by a

shorthand reporter of a proceeding while in attendance at such

proceeding for the purpose of reporting the same.

(7) "Address of record" means the designated address

recorded by the Department in the applicant's or licensee's

application file or license file as maintained by the

Department's licensure maintenance unit. It is the duty of the

applicant or licensee to inform the Department of any change

of address and those changes must be made either through the

Department's Internet website or by contacting the Department.

(8) "Email address of record" means the designated email

address recorded by the Department in the applicant's

application file or the licensee's license file, as maintained

by the Department's licensure maintenance unit.

(Source: P.A. 98-445, eff. 12-31-13.)

(225 ILCS 415/4.1 new)

Sec. 4.1. Address of record; email address of record. All

applicants and registrants shall:

(1) provide a valid address and email address to the

Department, which shall serve as the address of record and

email address of record, respectively, at the time of

application for licensure or renewal of a license; and

(2) inform the Department of any change of address of

record or email address of record within 14 days after

such change either through the Department's website or by

contacting the Department's licensure maintenance unit.

(225 ILCS 415/5) (from Ch. 111, par. 6205)

(Section scheduled to be repealed on January 1, 2025)

Sec. 5. Title. Every person to whom a valid existing

certificate as a certified shorthand reporter has been issued

under this Act shall be designated as a Certified Shorthand

Reporter and not otherwise, and any such certified shorthand

reporter may, in connection with the reporter's his or her

practice of shorthand reporting, use the abbreviation "C.S.R."

or the title "Court Reporter". No person other than the holder

of a valid existing certificate under this Act shall use the

title or designation of "Certified Shorthand Reporter", "Court

Reporter", or "C.S.R.", either directly or indirectly in

connection with that person's his or her profession or

business.

(Source: P.A. 90-49, eff. 7-3-97.)

(225 ILCS 415/6) (from Ch. 111, par. 6206)

(Section scheduled to be repealed on January 1, 2025)

Sec. 6. Restricted certificate. Upon receipt of a written

request from the Chief Judge of the reporter's circuit, the

Department shall, upon payment of the required fee, issue to

any reporter who has been appointed in counties of less than

1,000,000 in population, has been examined under the Court

Reporters Act, and has achieved an "A" proficiency rating, a

restricted certificate by which such official court reporter

may then lawfully engage in reporting only court proceedings

to which he may be assigned by the Chief Judge of the

reporter's his circuit may assign.

(Source: P.A. 98-445, eff. 12-31-13.)

(225 ILCS 415/8) (from Ch. 111, par. 6208)

(Section scheduled to be repealed on January 1, 2025)

Sec. 8. Certified Shorthand Reporters Board. The Secretary

shall appoint a Certified Shorthand Reporters Board as

follows: 7 persons who shall be appointed by and shall serve in

an advisory capacity to the Secretary. Six members must be

certified shorthand reporters, in good standing, and actively

engaged in the practice of shorthand reporting in this State

for 10 ten years, and one member must be a member of the public

who is not certified under this Act, or a similar Act of

another jurisdiction.

Members shall serve 4 year terms and until the members'

their successors are appointed and qualified. No member shall

be reappointed to the Board for a term that would cause the

member's his continuous service on the Board to be longer than

2 full consecutive terms. Appointments to fill vacancies shall

be made in the same manner as original appointments, for the

unexpired portion of the vacated term.

In making appointments to the Board, the Secretary shall

give consideration to recommendations by national and State

organizations of the shorthand reporter profession.

Four members of the Board shall constitute a quorum. A

quorum is required for all Board decisions.

The Secretary may remove or suspend any member of the

Board for cause at any time before the expiration of the

member's his or her term. The Secretary shall be the sole

arbiter of cause.

The Secretary shall consider the recommendations of the

Board on questions involving standards of professional

conduct, discipline, and qualifications of candidates and

certificate holders under this Act.

Members of the Board shall be reimbursed for all

legitimate, necessary, and authorized expenses incurred in

attending the meetings of the Board.

Members of the Board have no liability in any action based

upon any disciplinary proceedings or other activity performed

in good faith as members of the Board.

(Source: P.A. 98-445, eff. 12-31-13.)

(225 ILCS 415/10) (from Ch. 111, par. 6210)

(Section scheduled to be repealed on January 1, 2025)

Sec. 10. The Department shall authorize examinations at

such time and place as it may designate. The examination shall

be of a character to give a fair test of the qualifications of

the applicant to practice shorthand reporting.

Applicants for examination as certified shorthand

reporters shall be required to pay, either to the Department

or the designated testing service, a fee covering the cost of

providing the examination. Failure to appear for the

examination on the scheduled date, at the time and place

specified, after the applicant's application for examination

has been received and acknowledged by the Department or the

designated testing service, shall result in the forfeiture of

the examination fee.

If an applicant neglects, fails, or refuses to take the

next available examination offered or fails to pass an

examination for certification under this Act, the application

shall be denied. If an applicant for examination for

certification under this Act fails to pass the examination

within 3 years after filing an his application, the

application shall be denied. However, such applicant may

thereafter make a new application accompanied by the required

fee.

The Department may employ consultants for the purpose of

preparing and conducting examinations.

An applicant has one year from the date of notification of

successful completion of the examination to apply to the

Department for a license. If an applicant fails to apply

within one year, the applicant shall be required to take and

pass the examination again unless licensed in another

jurisdiction of the United States within one year of passing

the examination.

(Source: P.A. 98-445, eff. 12-31-13.)

(225 ILCS 415/12.1)

(Section scheduled to be repealed on January 1, 2025)

Sec. 12.1. Social Security Number or federal individual

taxpayer identification number on license application. In

addition to any other information required to be contained in

the application, every application for an original license

under this Act shall include the applicant's Social Security

Number or federal individual taxpayer identification number,

which shall be retained in the Department's records pertaining

to the license. As soon as practicable, the Department shall

assign a customer's identification number to each applicant

for a license. Every application for a renewal or restored

license shall require the applicant's customer identification

number.

(Source: P.A. 98-445, eff. 12-31-13.)

(225 ILCS 415/14) (from Ch. 111, par. 6214)

(Section scheduled to be repealed on January 1, 2025)

Sec. 14. Expiration, renewal, and military service. The

expiration date and renewal period for each certificate issued

under this Act shall be set by rule.

Any certified shorthand reporter who has permitted the

reporter's his certificate to expire or who has had the

reporter's his certificate on inactive status may have the his

certificate restored by making application to the Department,

filing proof acceptable to the Department of the reporter's

his fitness to have the his certificate restored and paying

the required restoration fee. The Department may consider a

certificate expired less than 5 years as prima facie evidence

that the applicant is fit. If a certificate has expired or has

been placed on inactive status and the applicant has practiced

in another jurisdiction during such period, satisfactory proof

of fitness may include sworn evidence certifying to active

practice in another jurisdiction.

If the certified shorthand reporter has not maintained an

active practice in another jurisdiction satisfactory to the

Department, the Department shall determine, by an evaluation

program established by rule, the reporter's his fitness to

resume active status and shall, by rule, establish procedures

and requirements for restoration.

However, any certified shorthand reporter whose

certificate expired while he was (1) in Federal Service on

active duty with the Armed Forces of the United States, while

or the State Militia called into service or training in the

State Militia, or while (2) in training or education under the

supervision of the United States preliminary to induction into

the military service, may have the his certificate renewed or

restored without paying any lapsed renewal fees if, within 2

years after termination of such service, training, or

education except under conditions other than honorable, the

Department is furnished with satisfactory evidence to the

effect that the certificate holder has been so engaged and

that the service, training, or education has been terminated

he furnished the Department with satisfactory evidence to the

effect that he has been so engaged and that his service,

training or education has been so terminated.

(Source: P.A. 98-445, eff. 12-31-13.)

(225 ILCS 415/15) (from Ch. 111, par. 6215)

(Section scheduled to be repealed on January 1, 2025)

Sec. 15. Inactive status. Any certified shorthand reporter

who notifies the Department in writing on forms prescribed by

the Department, may elect to place the reporter's his

certificate on an inactive status and shall, subject to rules

of the Department, be excused from payment of renewal fees

until he notifies the Department has been notified in writing

of the certificate holder's his desire to resume active

status.

Any certified shorthand reporter requesting restoration

from inactive status shall be required to pay the current

renewal fee and shall be required to restore the reporter's

his certificate, as provided in Section 14.

Any certified shorthand reporter whose certificate is in

an inactive status shall not practice shorthand reporting in

the State of Illinois.

(Source: P.A. 98-445, eff. 12-31-13.)

(225 ILCS 415/16) (from Ch. 111, par. 6216)

(Section scheduled to be repealed on January 1, 2025)

Sec. 16. Endorsement; licensure without examination. The

Department may certify as a certified shorthand reporter,

without examination, on payment of the required fee, an

applicant who is a certified shorthand reporter registered

under the laws of another jurisdiction, if the requirements

for certification of certified shorthand reporters in that

jurisdiction were, at the date of his certification,

substantially equivalent to the requirements in force in this

State on that date.

Applicants have 3 years from the date of application to

complete the application process. If the process has not been

completed in 3 years, the application shall be denied, the fee

forfeited, and the applicant must reapply and meet the

requirements in effect at the time of reapplication.

(Source: P.A. 98-445, eff. 12-31-13.)

(225 ILCS 415/17) (from Ch. 111, par. 6217)

(Section scheduled to be repealed on January 1, 2025)

Sec. 17. Fees; returned checks.

(a) The fees for the administration and enforcement of

this Act, including, but not limited to, original

certification, renewal, and restoration of a license issued

under this Act, shall be set by rule. The fees shall be

nonrefundable.

(b) All fees, fines, and penalties collected under this

Act shall be deposited into the General Professions Dedicated

Fund and shall be appropriated to the Department for the

ordinary and contingent expenses of the Department in the

administration of this Act.

(c) 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 prohibiting 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, 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, the person 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 may waive the fines due under this

Section in individual cases where the Secretary finds that the

fines would be unreasonable or unnecessarily burdensome.

(Source: P.A. 98-445, eff. 12-31-13.)

(225 ILCS 415/19) (from Ch. 111, par. 6219)

(Section scheduled to be repealed on January 1, 2025)

Sec. 19. Advertising. Any person certified under this Act

may advertise the availability of professional services in the

public media or on the premises where such professional

services are rendered as permitted by law, on the condition

that such advertising is truthful and not misleading and is in

conformity with rules promulgated by the Department.

Advertisements shall not include false, fraudulent, deceptive,

or misleading material or guarantees of success.

Advertisements shall also not include any offers of any gift

or item of value to attorneys or the attorneys' their staff or

any other persons or entities associated with any litigation.

(Source: P.A. 98-445, eff. 12-31-13.)

(225 ILCS 415/23) (from Ch. 111, par. 6223)

(Section scheduled to be repealed on January 1, 2025)

Sec. 23. Grounds for disciplinary action.

(a) The Department may refuse to issue or renew, or may

revoke, suspend, place on probation, reprimand, or take other

disciplinary or non-disciplinary action as the Department may

deem appropriate, including imposing fines not to exceed

$10,000 for each violation and the assessment of costs as

provided for in Section 23.3 of this Act, with regard to any

license for any one or combination of the following:

(1) Material misstatement in furnishing information to

the Department;

(2) Violations of this Act, or of the rules

promulgated thereunder;

(3) Conviction by plea of guilty or nolo contendere,

finding of guilt, jury verdict, or entry of judgment or by

sentencing of any crime, including, but not limited to,

convictions, preceding sentences of supervision,

conditional discharge, or first offender probation under

the laws of any jurisdiction of the United States: (i)

that is a felony or (ii) that is a misdemeanor, an

essential element of which is dishonesty, or that is

directly related to the practice of the profession;

(4) Fraud or any misrepresentation in applying for or

procuring a license under this Act or in connection with

applying for renewal of a license under this Act;

(5) Professional incompetence;

(6) Aiding or assisting another person, firm,

partnership, or corporation in violating any provision of

this Act or rules;

(7) Failing, within 60 days, to provide information in

response to a written request made by the Department;

(8) Engaging in dishonorable, unethical, or

unprofessional conduct of a character likely to deceive,

defraud, or harm the public;

(9) Habitual or excessive use or abuse of drugs

defined in law as controlled substances, alcohol, or any

other substances that results in the inability to practice

with reasonable judgment, skill, or safety;

(10) Discipline by another state, unit of government,

government agency, the District of Columbia, a territory,

or foreign nation, if at least one of the grounds for the

discipline is the same or substantially equivalent to

those set forth herein;

(11) Charging for professional services not rendered,

including filing false statements for the collection of

fees for which services were not rendered, or giving,

directly or indirectly, any gift or anything of value to

attorneys or the attorneys' their staff or any other

persons or entities associated with any litigation, that

exceeds $100 total per year; for the purposes of this

Section, pro bono services, as defined by State law, are

permissible in any amount;

(12) A finding by the Board that the certificate

holder, after having the his certificate placed on

probationary status, has violated the terms of probation;

(13) Willfully making or filing false records or

reports in the practice of shorthand reporting, including,

but not limited to, false records filed with State

agencies or departments;

(14) Physical illness, including, but not limited to,

deterioration through the aging process, or loss of motor

skill which results in the inability to practice under

this Act with reasonable judgment, skill, or safety;

(15) Solicitation of professional services other than

by permitted advertising;

(16) Willful failure to take full and accurate

stenographic notes of any proceeding;

(17) Willful alteration of any stenographic notes

taken at any proceeding;

(18) Willful failure to accurately transcribe verbatim

any stenographic notes taken at any proceeding;

(19) Willful alteration of a transcript of

stenographic notes taken at any proceeding;

(20) Affixing one's signature to any transcript of his

stenographic notes or certifying to its correctness unless

the transcript has been prepared by the stenographer him

or under the stenographer's his immediate supervision;

(21) Willful failure to systematically retain

stenographic notes or transcripts on paper or any

electronic media for 10 years from the date that the notes

or transcripts were taken;

(22) Failure to deliver transcripts in a timely manner

or in accordance with contractual agreements;

(23) Establishing contingent fees as a basis of

compensation;

(24) Mental illness or disability that results in the

inability to practice under this Act with reasonable

judgment, skill, or safety;

(25) Practicing under a false or assumed name, except

as provided by law;

(26) Cheating on or attempting to subvert the

licensing examination administered under this Act;

(27) Allowing one's license under this Act to be used

by an unlicensed person in violation of this Act.

All fines imposed under this Section shall be paid within

60 days after the effective date of the order imposing the fine

or in accordance with the terms set forth in the order imposing

the fine.

(b) The determination by a circuit court that a

certificate holder 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, an order by the court so

finding and discharging the patient. In any case where a

license is suspended under this Section, the licensee may file

a petition for restoration and shall include evidence

acceptable to the Department that the licensee can resume

practice in compliance with acceptable and prevailing

standards of the profession.

(c) In cases where the Department of Healthcare and Family

Services has previously determined a licensee or a potential

licensee is more than 30 days delinquent in the payment of

child support and has subsequently certified the delinquency

to the Department, the Department may refuse to issue or renew

or may revoke or suspend that person's license or may take

other disciplinary action against that person based solely

upon the certification of delinquency made by the Department

of Healthcare and Family Services in accordance with item (5)

of subsection (a) of Section 2105-15 of the Civil

Administrative Code of Illinois.

(d) In enforcing this Section, the Department, upon a

showing of a possible violation, may compel any individual who

is certified under this Act or any individual who has applied

for certification under this Act to submit to a mental or

physical examination and evaluation, or both, which may

include a substance abuse or sexual offender evaluation, at

the expense of the Department. The Department shall

specifically designate the examining physician licensed to

practice medicine in all of its branches or, if applicable,

the multidisciplinary team involved in providing the mental or

physical examination and evaluation, or both. The

multidisciplinary team shall be led by a physician licensed to

practice medicine in all of its branches and may consist of one

or more or a combination of physicians licensed to practice

medicine in all of its branches, licensed chiropractic

physicians, licensed clinical psychologists, licensed clinical

social workers, licensed clinical professional counselors, and

other professional and administrative staff. Any examining

physician or member of the multidisciplinary team may require

any person ordered to submit to an examination and evaluation

pursuant to this Section to submit to any additional

supplemental testing deemed necessary to complete any

examination or evaluation process, including, but not limited

to, blood testing, urinalysis, psychological testing, or

neuropsychological testing.

The Department may order the examining physician or any

member of the multidisciplinary team to provide to the

Department any and all records, including business records,

that relate to the examination and evaluation, including any

supplemental testing performed. The Department may order the

examining physician or any member of the multidisciplinary

team to present testimony concerning this examination and

evaluation of the certified shorthand reporter or applicant,

including testimony concerning any supplemental testing or

documents relating to the examination and evaluation. No

information, report, record, or other documents in any way

related to the examination and evaluation shall be excluded by

reason of any common law or statutory privilege relating to

communication between the licensee or applicant and the

examining physician or any member of the multidisciplinary

team. No authorization is necessary from the certified

shorthand reporter or applicant ordered to undergo an

evaluation and examination for the examining physician or any

member of the multidisciplinary team to provide information,

reports, records, or other documents or to provide any

testimony regarding the examination and evaluation. The

individual to be examined may have, at that individual's his

or her own expense, another physician of the individual's his

or her choice present during all aspects of the examination.

Failure of any individual to submit to mental or physical

examination and evaluation, or both, when directed, shall

result in an automatic suspension, without hearing, until such

time as the individual submits to the examination. If the

Department finds a certified shorthand reporter unable to

practice because of the reasons set forth in this Section, the

Department shall require the certified shorthand reporter to

submit to care, counseling, or treatment by physicians

approved or designated by the Department, as a condition for

continued, reinstated, or renewed certification.

When the Secretary immediately suspends a certificate

under this Section, a hearing upon the person's certificate

must be convened by the Department within 15 days after the

suspension and completed without appreciable delay. The

Department shall have the authority to review the certified

shorthand reporter's record of treatment and counseling

regarding the impairment, to the extent permitted by

applicable federal statutes and regulations safeguarding the

confidentiality of medical records.

An individual Individuals certified under this Act,

affected under this Section, shall be afforded an opportunity

to demonstrate to the Department that they can resume practice

in compliance with acceptable and prevailing standards under

the provisions of the individual's their certification.

(e) (Blank).

(f) The Department may refuse to issue or may suspend

without hearing, as provided for in the Code of Civil

Procedure, the license of any person who fails to file a

return, to pay the tax, penalty, or interest shown in a filed

return, or to pay any final assessment of 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 in accordance

with subsection (g) of Section 2105-15 of the Civil

Administrative Code of Illinois.

(Source: P.A. 100-872, eff. 8-14-18.)

(225 ILCS 415/23.1) (from Ch. 111, par. 6224)

(Section scheduled to be repealed on January 1, 2025)

Sec. 23.1. Injunctive actions; order to cease and desist.

(a) If any person violates the provisions of this Act, the

Secretary may, in the name of the People of the State of

Illinois, through the Attorney General of the State of

Illinois or the State's Attorney of the county in which the

violation is alleged to have occurred, 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

has violated or is violating the injunction, the court may

punish the offender for contempt of court. Proceedings under

this Section shall be in addition to, and not in lieu of, all

other remedies and penalties provided by this Act.

(b) If any person practices as a certified shorthand

reporter or holds oneself himself or herself out as a

certified shorthand reporter without being licensed under the

provisions of this Act then any certified shorthand reporter,

any interested party or any person injured thereby may, in

addition to the Secretary, petition for relief as provided in

subsection (a).

(c) Whenever in the opinion of the Department any person

violates any provision of this Act, the Department may issue a

rule to show cause why an order to cease and desist should not

be entered against that individual. 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 forthwith.

(Source: P.A. 98-445, eff. 12-31-13.)

(225 ILCS 415/23.2) (from Ch. 111, par. 6225)

(Section scheduled to be repealed on January 1, 2025)

Sec. 23.2. Investigations; notice and hearing. The

Department may investigate the actions of any applicant or of

any person or persons holding or claiming to hold a

certificate. The Department shall, before refusing to issue or

renew, or taking disciplinary action against, a certificate,

at least 30 days prior to the date set for the hearing, notify

in writing the applicant for, or holder of, a certificate of

the nature of the charges and the time and place for a hearing

on the charges. The Department shall direct the applicant or

licensee to file a written answer to the charges with the Board

under oath within 20 days after the service of the notice and

inform the applicant or licensee that failure to file an

answer will result in default being taken against the

applicant or licensee. At the time and place fixed in the

notice, the Department shall proceed to hear the charges and

the parties or the parties' their counsel shall be accorded

ample opportunity to present any pertinent statements,

testimony, evidence, and arguments. The Department may

continue the hearing from time to time. In case the person,

after receiving the notice, fails to file an answer, the his or

her license may, in the discretion of the Department, be

revoked, suspended, or placed on probationary status or the

Department may take whatever disciplinary action considered

proper, including limiting the scope, nature, or extent of the

person's practice or the imposition of a fine, without a

hearing, if the act or acts charged constitute sufficient

grounds for that action under this Act. The written notice and

any notice in the subsequent proceeding may be served by

regular registered or certified mail to the licensee's address

of record or by electronic mail to the licensee's email

address of record.

(Source: P.A. 98-445, eff. 12-31-13.)

(225 ILCS 415/23.4) (from Ch. 111, par. 6227)

(Section scheduled to be repealed on January 1, 2025)

Sec. 23.4. Subpoenas; oaths. The Department may subpoena

and bring before it any person and to take the oral or written

testimony or compel the production of any books, papers,

records, or any other documents that the Secretary or the

Secretary's his or her designee deems relevant or material to

an investigation or hearing conducted by the Department with

the same fees and mileage and in the same manner as prescribed

by law in judicial procedure in civil cases in courts of this

State.

The Secretary, the designated hearing officer, any member

of the Board, or a certified shorthand court reporter may have

power to administer oaths at any hearing which the Department

conducts. Notwithstanding any other statute or Department rule

to the contrary, all requests for testimony and production of

documents or records shall be in accordance with this Act.

(Source: P.A. 98-445, eff. 12-31-13.)

(225 ILCS 415/23.6) (from Ch. 111, par. 6229)

(Section scheduled to be repealed on January 1, 2025)

Sec. 23.6. Board report. At the conclusion of the hearing

the Board shall present to the Secretary a written report of

its findings of fact, conclusions of law, and recommendations.

The report shall contain a finding whether or not the accused

person violated this Act or failed to comply with the

conditions required in this Act. The Board shall specify the

nature of the violation or failure to comply, and shall make

its recommendations to the Secretary. The report of findings

of fact, conclusions of law, and recommendations of the Board

shall be the basis for the Secretary's Department's action

regarding a certificate. If the Secretary disagrees in any

regard with the report of the Board, the Secretary he may issue

an order in contravention thereof. The finding is not

admissible in evidence against the person in a criminal

prosecution brought for the violation of this Act, but the

hearing and findings are not a bar to a criminal prosecution

brought for the violation of this Act.

(Source: P.A. 98-445, eff. 12-31-13.)

(225 ILCS 415/23.7) (from Ch. 111, par. 6230)

(Section scheduled to be repealed on January 1, 2025)

Sec. 23.7. Motion for rehearing. In any hearing involving

the refusal to issue or renew, or the taking of disciplinary

action against, a certificate, a copy of the Board's report

shall be served upon the respondent by the Department as

provided in this Act for the service of the notice of hearing.

Within 20 days after such service, the respondent may present

to the Secretary Department a motion in writing for a

rehearing, which motion shall specify the particular grounds

therefor. If no motion for rehearing is filed, then upon the

expiration of the time specified for filing such a motion, or

if a motion for rehearing is denied, then upon such denial the

Secretary may enter an order in accordance with

recommendations of the Board except as provided in Section

23.6. If the respondent shall order from the reporting

service, and pay for a transcript of the record within the time

for filing a motion for rehearing, the 20 day period within

which such a motion may be filed shall commence upon the

delivery of the transcript to the respondent.

(Source: P.A. 98-445, eff. 12-31-13.)

(225 ILCS 415/23.9) (from Ch. 111, par. 6232)

(Section scheduled to be repealed on January 1, 2025)

Sec. 23.9. Hearing officers, reports, and review. The

Secretary shall have the authority to appoint any attorney

duly licensed to practice law in the State of Illinois to serve

as the hearing officer in any action involving a refusal to

issue or renew, or the taking of disciplinary action against a

certificate. The hearing officer shall have full authority to

conduct the hearing. The hearing officer shall report the

hearing officer's his or her findings of fact, conclusions of

law, and recommendations to the Board and the Secretary. The

Board shall have 60 days from receipt of the report to review

the report of the hearing officer and present the Board's

their findings of fact, conclusions of law, and

recommendations to the Secretary. If the Board fails to

present its report within the 60 day period, the Secretary may

issue an order based on the report of the hearing officer. If

the Secretary disagrees with the report of the Board or

hearing officer, the Secretary he may issue an order in

contravention thereof.

(Source: P.A. 98-445, eff. 12-31-13.)

(225 ILCS 415/23.15) (from Ch. 111, par. 6238)

(Section scheduled to be repealed on January 1, 2025)

Sec. 23.15. Certification of record; receipt. The

Department shall not be required to certify any record to the

court or file any answer in court or otherwise appear in any

court in a judicial review proceeding, unless and until the

Department has received from the plaintiff payment of the

costs of furnishing and certifying the record, which costs

shall be determined by the Department. Exhibits shall be

certified without cost. Failure on the part of the plaintiff

to file a receipt in court shall be grounds for dismissal of

the action.

(Source: P.A. 98-445, eff. 12-31-13.)

(225 ILCS 415/24) (from Ch. 111, par. 6240)

(Section scheduled to be repealed on January 1, 2025)

Sec. 24. Administrative Procedure Act. The Illinois

Administrative Procedure Act is hereby expressly adopted and

incorporated herein as if all of the provisions of that Act

were included in this Act, except that the provision of

subsection (d) of Section 10-65 of the Illinois Administrative

Procedure Act that provides that at hearings the certificate

holder has the right to show compliance with all lawful

requirements for retention, continuation

, or renewal of

certification is specifically excluded. For the purpose of

this Act the notice required under Section 10-25 of the

Illinois Administrative Procedure Act is deemed sufficient

when mailed to the last known address of record or email

address of record.

(Source: P.A. 98-445, eff. 12-31-13.)

(225 ILCS 415/26) (from Ch. 111, par. 6242)

(Section scheduled to be repealed on January 1, 2025)

Sec. 26. Every shorthand reporter shall print the

reporter's his or her name and license or restricted license

number on each transcript reported.

(Source: P.A. 87-481; 87-576.)

(225 ILCS 415/26.1)

(Section scheduled to be repealed on January 1, 2025)

Sec. 26.1. Responsibility for notes. It is the licensee's

responsibility to preserve the licensee's his or her shorthand

notes for a period of no less than 10 years from the date that

the notes or transcripts were taken, except as otherwise

prescribed by law, through storage of the original paper notes

or an electronic copy of either the shorthand notes or the

English transcript of the notes on computer disks, cassettes,

backup tape systems, optical or laser disk systems, or other

retrieval systems available at the time that the notes or

transcripts were taken.

(Source: P.A. 98-445, eff. 12-31-13.)

(225 ILCS 415/18 rep.)

Section 15. The Illinois Certified Shorthand Reporters Act

of 1984 is amended by repealing Section 18.

Section 99. Effective date. This Act takes effect upon

becoming law.

INDEX Statutes amended in order of appearance