Public Act 103-0026
HB2145 EnrolledLRB103 28765 AMQ 55148 b HB2145 Enrolled LRB103 28765 AMQ 55148 b
HB2145 Enrolled LRB103 28765 AMQ 55148 b
AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Department of Professional Regulation Law
of the Civil Administrative Code of Illinois is amended by
changing Sections 2105-15 and 2105-207 as follows:
(20 ILCS 2105/2105-15)
Sec. 2105-15. General powers and duties.
(a) The Department has, subject to the provisions of the
Civil Administrative Code of Illinois, the following powers
and duties:
(1) To authorize examinations in English to ascertain
the qualifications and fitness of applicants to exercise
the profession, trade, or occupation for which the
examination is held.
(2) To prescribe rules and regulations for a fair and
wholly impartial method of examination of candidates to
exercise the respective professions, trades, or
occupations.
(3) To pass upon the qualifications of applicants for
licenses, certificates, and authorities, whether by
examination, by reciprocity, or by endorsement.
(4) To prescribe rules and regulations defining, for
HB2145 Enrolled LRB103 28765 AMQ 55148 b
the respective professions, trades, and occupations, what
shall constitute a school, college, or university, or
department of a university, or other institution,
reputable and in good standing, and to determine the
reputability and good standing of a school, college, or
university, or department of a university, or other
institution, reputable and in good standing, by reference
to a compliance with those rules and regulations;
provided, that no school, college, or university, or
department of a university, or other institution that
refuses admittance to applicants solely on account of
race, color, creed, sex, sexual orientation, or national
origin shall be considered reputable and in good standing.
(5) To conduct hearings on proceedings to revoke,
suspend, refuse to renew, place on probationary status, or
take other disciplinary action as authorized in any
licensing Act administered by the Department with regard
to licenses, certificates, or authorities of persons
exercising the respective professions, trades, or
occupations and to revoke, suspend, refuse to renew, place
on probationary status, or take other disciplinary action
as authorized in any licensing Act administered by the
Department with regard to those licenses, certificates, or
authorities.
The Department shall issue a monthly disciplinary
report.
The Department shall refuse to issue or renew a
license to, or shall suspend or revoke a license of, any
person who, after receiving notice, fails to comply with a
subpoena or warrant relating to a paternity or child
support proceeding. However, the Department may issue a
license or renewal upon compliance with the subpoena or
warrant.
The Department, without further process or hearings,
shall revoke, suspend, or deny any license or renewal
authorized by the Civil Administrative Code of Illinois to
a person who is certified by the Department of Healthcare
and Family Services (formerly Illinois Department of
Public Aid) as being more than 30 days delinquent in
complying with a child support order or who is certified
by a court as being in violation of the Non-Support
Punishment Act for more than 60 days. The Department may,
however, issue a license or renewal if the person has
established a satisfactory repayment record as determined
by the Department of Healthcare and Family Services
(formerly Illinois Department of Public Aid) or if the
person is determined by the court to be in compliance with
the Non-Support Punishment Act. The Department may
implement this paragraph as added by Public Act 89-6
through the use of emergency rules in accordance with
Section 5-45 of the Illinois Administrative Procedure Act.
For purposes of the Illinois Administrative Procedure Act,
the adoption of rules to implement this paragraph shall be
considered an emergency and necessary for the public
interest, safety, and welfare.
(6) To transfer jurisdiction of any realty under the
control of the Department to any other department of the
State Government or to acquire or accept federal lands
when the transfer, acquisition, or acceptance is
advantageous to the State and is approved in writing by
the Governor.
(7) To formulate rules and regulations necessary for
the enforcement of any Act administered by the Department.
(8) To exchange with the Department of Healthcare and
Family Services information that may be necessary for the
enforcement of child support orders entered pursuant to
the Illinois Public Aid Code, the Illinois Marriage and
Dissolution of Marriage Act, the Non-Support of Spouse and
Children Act, the Non-Support Punishment Act, the Revised
Uniform Reciprocal Enforcement of Support Act, the Uniform
Interstate Family Support Act, the Illinois Parentage Act
of 1984, or the Illinois Parentage Act of 2015.
Notwithstanding any provisions in this Code to the
contrary, the Department of Professional Regulation shall
not be liable under any federal or State law to any person
for any disclosure of information to the Department of
Healthcare and Family Services (formerly Illinois
Department of Public Aid) under this paragraph (8) or for
any other action taken in good faith to comply with the
requirements of this paragraph (8).
(8.3) To exchange information with the Department of
Human Rights regarding recommendations received under
paragraph (B) of Section 8-109 of the Illinois Human
Rights Act regarding a licensee or candidate for licensure
who has committed a civil rights violation that may lead
to the refusal, suspension, or revocation of a license
from the Department.
(8.5) To accept continuing education credit for
mandated reporter training on how to recognize and report
child abuse offered by the Department of Children and
Family Services and completed by any person who holds a
professional license issued by the Department and who is a
mandated reporter under the Abused and Neglected Child
Reporting Act. The Department shall adopt any rules
necessary to implement this paragraph.
(9) To perform other duties prescribed by law.
(a-5) Except in cases involving delinquency in complying
with a child support order or violation of the Non-Support
Punishment Act and notwithstanding anything that may appear in
any individual licensing Act or administrative rule, no person
or entity whose license, certificate, or authority has been
revoked as authorized in any licensing Act administered by the
Department may apply for restoration of that license,
certification, or authority until 3 years after the effective
date of the revocation.
(b) (Blank).
(c) For the purpose of securing and preparing evidence,
and for the purchase of controlled substances, professional
services, and equipment necessary for enforcement activities,
recoupment of investigative costs, and other activities
directed at suppressing the misuse and abuse of controlled
substances, including those activities set forth in Sections
504 and 508 of the Illinois Controlled Substances Act, the
Director and agents appointed and authorized by the Director
may expend sums from the Professional Regulation Evidence Fund
that the Director deems necessary from the amounts
appropriated for that purpose. Those sums may be advanced to
the agent when the Director deems that procedure to be in the
public interest. Sums for the purchase of controlled
substances, professional services, and equipment necessary for
enforcement activities and other activities as set forth in
this Section shall be advanced to the agent who is to make the
purchase from the Professional Regulation Evidence Fund on
vouchers signed by the Director. The Director and those agents
are authorized to maintain one or more commercial checking
accounts with any State banking corporation or corporations
organized under or subject to the Illinois Banking Act for the
deposit and withdrawal of moneys to be used for the purposes
set forth in this Section; provided, that no check may be
written nor any withdrawal made from any such account except
upon the written signatures of 2 persons designated by the
Director to write those checks and make those withdrawals.
Vouchers for those expenditures must be signed by the
Director. All such expenditures shall be audited by the
Director, and the audit shall be submitted to the Department
of Central Management Services for approval.
(d) Whenever the Department is authorized or required by
law to consider some aspect of criminal history record
information for the purpose of carrying out its statutory
powers and responsibilities, then, upon request and payment of
fees in conformance with the requirements of Section 2605-400
of the Illinois State Police Law, the Illinois State Police is
authorized to furnish, pursuant to positive identification,
the information contained in State files that is necessary to
fulfill the request.
(e) The provisions of this Section do not apply to private
business and vocational schools as defined by Section 15 of
the Private Business and Vocational Schools Act of 2012.
(f) (Blank).
(f-5) Notwithstanding anything that may appear in any
individual licensing statute or administrative rule, the
Department shall allow an applicant to provide his or her
individual taxpayer identification number as an alternative to
providing a social security number when applying for a
license.
(g) Notwithstanding anything that may appear in any
individual licensing statute or administrative rule, the
Department shall deny any license application or renewal
authorized under any licensing Act administered by the
Department to any person who has failed to file a return, or to
pay the tax, penalty, or interest shown in a filed return, or
to pay any final assessment of tax, penalty, or interest, as
required by any tax Act administered by the Illinois
Department of Revenue, until such time as the requirement of
any such tax Act are satisfied; however, the Department may
issue a license or renewal if the person has established a
satisfactory repayment record as determined by the Illinois
Department of Revenue. For the purpose of this Section,
"satisfactory repayment record" shall be defined by rule.
In addition, a complaint filed with the Department by the
Illinois Department of Revenue that includes a certification,
signed by its Director or designee, attesting to the amount of
the unpaid tax liability or the years for which a return was
not filed, or both, is prima facie evidence of the licensee's
failure to comply with the tax laws administered by the
Illinois Department of Revenue. Upon receipt of that
certification, the Department shall, without a hearing,
immediately suspend all licenses held by the licensee.
Enforcement of the Department's order shall be stayed for 60
days. The Department shall provide notice of the suspension to
the licensee by mailing a copy of the Department's order to the
licensee's address of record or emailing a copy of the order to
the licensee's email address of record. The notice shall
advise the licensee that the suspension shall be effective 60
days after the issuance of the Department's order unless the
Department receives, from the licensee, a request for a
hearing before the Department to dispute the matters contained
in the order.
Any suspension imposed under this subsection (g) shall be
terminated by the Department upon notification from the
Illinois Department of Revenue that the licensee is in
compliance with all tax laws administered by the Illinois
Department of Revenue.
The Department may promulgate rules for the administration
of this subsection (g).
(g-5) Notwithstanding anything that may appear in any
individual licensing statute or administrative rule, the
Department shall refuse the issuance or renewal of a license
to, or suspend or revoke the license of, any individual,
corporation, partnership, or other business entity that has
been found by the Illinois Workers' Compensation Commission or
the Department of Insurance to have failed to (i) secure
workers' compensation obligations in the manner required by
subsections (a) and (b) of Section 4 of the Workers'
Compensation Act, (ii) pay in full a fine or penalty imposed
due to a failure to secure workers' compensation obligations
in the manner required by subsections (a) and (b) of Section 4
of the Workers' Compensation Act, or (iii) fulfill all
obligations assumed pursuant to a settlement reached with the
Illinois Workers' Compensation Commission or the Department of
Insurance relating to a failure to secure workers'
compensation obligations in the manner required by subsections
(a) and (b) of Section 4 of the Workers' Compensation Act. No
initial or renewal license shall be issued, and no suspended
license shall be reinstated, until such time that the
Department is notified by the Illinois Workers' Compensation
Commission or the Department of Insurance that the licensee's
or applicant's failure to comply with subsections (a) and (b)
of Section 4 of the Workers' Compensation Act has been
corrected or otherwise resolved to satisfaction of the
Illinois Workers' Compensation Commission or the Department of
Insurance.
In addition, a complaint filed with the Department by the
Illinois Workers' Compensation Commission or the Department of
Insurance that includes a certification, signed by its
Director or Chairman, or the Director or Chairman's designee,
attesting to a finding of the failure to secure workers'
compensation obligations in the manner required by subsections
(a) and (b) of Section 4 of the Workers' Compensation Act or
the failure to pay any fines or penalties or to discharge any
obligation under a settlement relating to the failure to
secure workers' compensation obligations in the manner
required by subsections (a) and (b) of Section 4 of the
Workers' Compensation Act is prima facie evidence of the
licensee's or applicant's failure to comply with subsections
(a) and (b) of Section 4 of the Workers' Compensation Act. Upon
receipt of that certification, the Department shall, without a
hearing, immediately suspend all licenses held by the licensee
or the processing of any application from the applicant.
Enforcement of the Department's order shall be stayed for 60
days. The Department shall provide notice of the suspension to
the licensee by mailing a copy of the Department's order to the
licensee's address of record or emailing a copy of the order to
the licensee's email address of record. The notice shall
advise the licensee that the suspension shall be effective 60
days after the issuance of the Department's order unless the
Department receives from the licensee or applicant a request
for a hearing before the Department to dispute the matters
contained in the order.
Any suspension imposed under this subsection shall be
terminated by the Department upon notification from the
Illinois Workers' Compensation Commission or the Department of
Insurance that the licensee's or applicant's failure to comply
with subsections (a) and (b) of Section 4 of the Workers'
Compensation Act has been corrected or otherwise resolved to
the satisfaction of the Illinois Workers' Compensation
Commissions or the Department of Insurance.
No license shall be suspended or revoked until after the
licensee is afforded any due process protection guaranteed by
statute or rule adopted by the Workers' Compensation
Commission or the Department of Insurance.
The Department may adopt rules for the administration of
this subsection.
(h) The Department may grant the title "Retired", to be
used immediately adjacent to the title of a profession
regulated by the Department, to eligible retirees. For
individuals licensed under the Medical Practice Act of 1987,
the title "Retired" may be used in the profile required by the
Patients' Right to Know Act. The use of the title "Retired"
shall not constitute representation of current licensure,
registration, or certification. Any person without an active
license, registration, or certificate in a profession that
requires licensure, registration, or certification shall not
be permitted to practice that profession.
(i) The Department shall make available on its website
general information explaining how the Department utilizes
criminal history information in making licensure application
decisions, including a list of enumerated offenses that serve
as a statutory bar to licensure.
(Source: P.A. 101-81, eff. 7-12-19; 101-221, eff. 1-1-20;
102-538, eff. 8-20-21.)
(20 ILCS 2105/2105-207)
Sec. 2105-207. Records of Department actions.
(a) Any licensee subject to a licensing Act administered
by the Department Division of Professional Regulation and who
has been subject to disciplinary action by the Department may
file an application with the Department on forms provided by
the Department, along with the required fee of $175, to have
the records classified as confidential, not for public
release, and considered expunged for reporting purposes if:
(1) the application is submitted more than 3 years
after the disciplinary offense or offenses occurred or
after restoration of the license, whichever is later;
(2) the licensee has had no incidents of discipline
under the licensing Act since the disciplinary offense or
offenses identified in the application occurred;
(3) the Department has no pending investigations
against the licensee; and
(4) the licensee is not currently in a disciplinary
status.
(b) An application to make disciplinary records
confidential shall only be considered by the Department for an
offense or action relating to:
(1) failure to pay taxes;
(2) continuing education;
(3) failure to renew a license on time;
(4) failure to obtain or renew a certificate of
registration or ancillary license;
(5) advertising;
(5.1) discipline based on criminal charges or
convictions:
(A) that did not arise from the licensed activity
and was unrelated to the licensed activity; or
(B) that were dismissed or for which records have
been sealed or expunged;
(5.2) past probationary status of a license issued to
new applicants on the sole or partial basis of prior
convictions; or
(6) any grounds for discipline removed from the
licensing Act; .
(7) failure to comply with workers' compensation
requirements; or
(8) reprimand of a licensee.
(c) An application shall be submitted to and considered by
the Director of the Division of Professional Regulation upon
submission of an application and the required non-refundable
fee. The Department may establish additional requirements by
rule. The Department is not required to report the removal of
any disciplinary record to any national database. Nothing in
this Section shall prohibit the Department from using a
previous discipline for any regulatory purpose or from
releasing records of a previous discipline upon request from
law enforcement, or other governmental body as permitted by
law. Classification of records as confidential shall result in
removal of records of discipline from records kept pursuant to
Sections 2105-200 and 2105-205 of this Act.
(d) Any applicant for licensure or a licensee whose
petition for review is granted by the Department pursuant to
subsection (a-1) of Section 2105-165 of this Law may file an
application with the Department on forms provided by the
Department to have records relating to his or her permanent
denial or permanent revocation classified as confidential and
not for public release and considered expunged for reporting
purposes in the same manner and under the same terms as is
provided in this Section for the offenses listed in subsection
(b) of this Section, except that the requirements of a 3-year
7-year waiting period and the $175 $200 application fee do not
apply.
(Source: P.A. 100-262, eff. 8-22-17; 100-286, eff. 1-1-18;
100-863, eff. 8-14-18; 100-872, eff. 8-14-18.)
Section 10. The Asbestos Abatement Act is amended by
changing Section 10a as follows:
(105 ILCS 105/10a) (from Ch. 122, par. 1410a)
Sec. 10a. Licensing. No inspector, management planner,
project designer, project manager, air sampling professional,
asbestos abatement contractor, worker or project supervisor
may be employed as a response action contractor unless that
individual or entity is licensed by the Department. Those
individuals and entities wishing to be licensed shall make
application on forms prescribed and furnished by the
Department. A license shall expire annually according to a
schedule determined by the Department. Applications for
renewal of licenses shall be filed with the Department at
least 30 days before the expiration date. When a licensure
examination is required, the application for licensure shall
be submitted to the Department at least 30 days prior to the
date of the scheduled examination. The Department shall
evaluate each application based on its minimum standards for
licensure, promulgated as rules, and render a decision. Such
standards may include a requirement for the successful
completion of a course of training approved by the Department.
If the Department denies the application, the applicant may
appeal such decision pursuant to the provisions of the
"Administrative Review Law".
The Department, upon notification by the Illinois Workers'
Compensation Commission or the Department of Insurance, shall
refuse the issuance or renewal of a license to, or suspend or
revoke the license of, any individual, corporation,
partnership, or other business entity that has been found by
the Illinois Workers' Compensation Commission or the
Department of Insurance to have failed:
(a) to secure workers' compensation obligations in the
manner required by subsections (a) and (b) of Section 4 of
the Workers' Compensation Act;
(b) to pay in full a fine or penalty imposed by the
Illinois Workers' Compensation Commission or the
Department of Insurance due to a failure to secure
workers' compensation obligations in the manner required
by subsections (a) and (b) of Section 4 of the Workers'
Compensation Act; or
(c) to fulfill all obligations assumed pursuant to any
settlement reached with the Illinois Workers' Compensation
Commission or the Department of Insurance due to a failure
to secure workers' compensation obligations in the manner
required by subsections (a) and (b) of Section 4 of the
Workers' Compensation Act.
A complaint filed with the Department by the Illinois
Workers' Compensation Commission or the Department of
Insurance that includes a certification, signed by its
Director or Chairman, or the Director or Chairman's designee,
attesting to a finding of the failure to secure workers'
compensation obligations in the manner required by subsections
(a) and (b) of Section 4 of the Workers' Compensation Act or
the failure to pay any fines or penalties or to discharge any
obligation under a settlement relating to the failure to
secure workers' compensation obligations in the manner
required by subsections (a) and (b) of Section 4 of the
Workers' Compensation Act is prima facie evidence of the
licensee's or applicant's failure to comply with subsections
(a) and (b) of Section 4 of the Workers' Compensation Act. Upon
receipt of that certification, the Department shall, without a
hearing, immediately suspend all licenses held by the licensee
or the processing of any application from the applicant.
Enforcement of the Department's order shall be stayed for 60
days. The Department shall provide notice of the suspension to
the licensee by mailing a copy of the Department's order to the
licensee's or applicant's address of record or emailing a copy
of the order to the licensee's or applicant's email address of
record. The notice shall advise the licensee or applicant that
the suspension shall be effective 60 days after the issuance
of the order unless the Department receives, from the licensee
or applicant, a request for a hearing before the Department to
dispute the matters contained in the order.
Upon receiving notice from the Illinois Workers'
Compensation Commission or the Department of Insurance that
the violation has been corrected or otherwise resolved, the
Department shall vacate the order suspending a licensee's
license or the processing of an applicant's application.
No license shall be suspended or revoked until after the
licensee is afforded any due process protection guaranteed by
statute or rule adopted by the Workers' Compensation
Commission or the Department of Insurance.
(Source: P.A. 86-416.)
Section 15. The Lead Poisoning Prevention Act is amended
by changing Section 8.1 as follows:
(410 ILCS 45/8.1) (from Ch. 111 1/2, par. 1308.1)
Sec. 8.1. Licensing of lead inspectors and lead risk
assessors.
(a) The Department shall establish standards and licensing
procedures for lead inspectors and lead risk assessors. An
integral element of these procedures shall be an education and
training program prescribed by the Department which shall
include but not be limited to scientific sampling, chemistry,
and construction techniques. No person shall make inspections
or risk assessments without first being licensed by the
Department. The penalty for inspection or risk assessment
without a license shall be a Class A misdemeanor and an
administrative fine.
(b) The Department shall charge licensed lead inspectors
and lead risk assessors reasonable license fees and the fees
shall be placed in the Lead Poisoning Screening, Prevention,
and Abatement Fund and used to fund the Department's licensing
of lead inspectors and lead risk assessors and any other
activities prescribed by this Act. A licensed lead inspector
or lead risk assessor employed by the Department or its
delegate agency shall not be charged a license fee.
(c) The Department, upon notification by the Illinois
Workers' Compensation Commission or the Department of
Insurance, shall refuse the issuance or renewal of a license
to, or suspend or revoke the license of, any individual,
corporation, partnership, or other business entity that has
been found by the Illinois Workers' Compensation Commission or
the Department of Insurance to have failed:
(1) to secure workers' compensation obligations in the
manner required by subsections (a) and (b) of Section 4 of
the Workers' Compensation Act;
(2) to pay in full a fine or penalty imposed by the
Illinois Workers' Compensation Commission or the
Department of Insurance due to a failure to secure
workers' compensation obligations in the manner required
by subsections (a) and (b) of Section 4 of the Workers'
Compensation Act; or
(3) to fulfill all obligations assumed pursuant to any
settlement reached with the Illinois Workers' Compensation
Commission or the Department of Insurance due to a failure
to secure workers' compensation obligations in the manner
required by subsections (a) and (b) of Section 4 of the
Workers' Compensation Act.
A complaint filed with the Department by the Illinois
Workers' Compensation Commission or the Department of
Insurance that includes a certification, signed by its
Director or Chairman or designee, attesting to a finding of
the failure to secure workers' compensation obligations in the
manner required by subsections (a) and (b) of Section 4 of the
Workers' Compensation Act or the failure to pay any fines or
penalties or to discharge any obligation under a settlement
relating to the failure to secure workers' compensation
obligations in the manner required by subsections (a) and (b)
of Section 4 of the Workers' Compensation Act is prima facie
evidence of the licensee's or applicant's failure to comply
with subsections (a) and (b) of Section 4 of the Workers'
Compensation Act. Upon receipt of that certification, the
Department shall, without a hearing, immediately suspend all
licenses held by the licensee or the processing of any
application from the applicant. Enforcement of the
Department's order shall be stayed for 60 days. The Department
shall provide notice of the suspension to the licensee by
mailing a copy of the Department's order to the licensee's or
applicant's address of record or emailing a copy of the order
to the licensee's or applicant's email address of record. The
notice shall advise the licensee or applicant that the
suspension shall be effective 60 days after the issuance of
the order unless the Department receives, from the licensee or
applicant, a request for a hearing before the Department to
dispute the matters contained in the order.
Upon receiving notice from the Illinois Workers'
Compensation Commission or the Department of Insurance that
the violation has been corrected or otherwise resolved, the
Department shall vacate the order suspending a licensee's
license or the processing of an applicant's application.
No license shall be suspended or revoked until after the
licensee is afforded any due process protection guaranteed by
statute or rule adopted by the Workers' Compensation
Commission or the Department of Insurance.
(Source: P.A. 98-690, eff. 1-1-15.)
Section 20. The Illinois Plumbing License Law is amended
by changing Section 13.1 as follows:
(225 ILCS 320/13.1)
Sec. 13.1. Plumbing contractors; registration;
applications.
(1) On and after May 1, 2002, all persons or corporations
desiring to engage in the business of plumbing contractor,
other than any entity that maintains an audited net worth of
shareholders' equity equal to or exceeding $100,000,000, shall
register in accordance with the provisions of this Act.
(2) Application for registration shall be filed with the
Department each year, on or before the last day of September,
in writing and on forms prepared and furnished by the
Department. All plumbing contractor registrations expire on
the last day of September of each year.
(3) Applications shall contain the name, address, and
telephone number of the person and the plumbing license of (i)
the individual, if a sole proprietorship; (ii) the partner, if
a partnership; or (iii) an officer, if a corporation. The
application shall contain the business name, address, and
telephone number, a current copy of the plumbing license, and
any other information the Department may require by rule.
(4) Applicants shall submit an original certificate of
insurance documenting that the contractor carries general
liability insurance with a minimum of $100,000 per occurrence,
a minimum of $300,000 aggregate for bodily injury, property
damage insurance with a minimum of $50,000 or a minimum of
$300,000 combined single limit, and workers compensation
insurance with a minimum $500,000 employer's liability. No
registration may be issued in the absence of this certificate.
Certificates must be in force at all times for registration to
remain valid.
(5) Applicants shall submit, on a form provided by the
Department, an indemnification bond in the amount of $20,000
or a letter of credit in the same amount for work performed in
accordance with this Act and the rules promulgated under this
Act.
(5.5) The Department, upon notification by the Illinois
Workers' Compensation Commission or the Department of
Insurance, shall refuse the issuance or renewal of a license
to, or suspend or revoke the license of, any individual,
corporation, partnership, or other business entity that has
been found by the Illinois Workers' Compensation Commission or
the Department of Insurance to have failed:
(a) to secure workers' compensation obligations in the
manner required by subsections (a) and (b) of Section 4 of
the Workers' Compensation Act;
(b) to pay in full a fine or penalty imposed by the
Illinois Workers' Compensation Commission or the
Department of Insurance due to a failure to secure
workers' compensation obligations in the manner required
by subsections (a) and (b) of Section 4 of the Workers'
Compensation Act; or
(c) to fulfill all obligations assumed pursuant to any
settlement reached with the Illinois Workers' Compensation
Commission or the Department of Insurance due to a failure
to secure workers' compensation obligations in the manner
required by subsections (a) and (b) of Section 4 of the
Workers' Compensation Act.
A complaint filed with the Department by the Illinois
Workers' Compensation Commission or the Department of
Insurance that includes a certification, signed by its
Director or Chairman or designee, attesting to a finding of
the failure to secure workers' compensation obligations in the
manner required by subsections (a) and (b) of Section 4 of the
Workers' Compensation Act or the failure to pay any fines or
penalties or to discharge any obligation under a settlement
relating to the failure to secure workers' compensation
obligations in the manner required by subsections (a) and (b)
of Section 4 of the Workers' Compensation Act is prima facie
evidence of the licensee's or applicant's failure to comply
with subsections (a) and (b) of Section 4 of the Workers'
Compensation Act. Upon receipt of that certification, the
Department shall, without a hearing, immediately suspend all
licenses held by the licensee or the processing of any
application from the applicant. Enforcement of the
Department's order shall be stayed for 60 days. The Department
shall provide notice of the suspension to the licensee by
mailing a copy of the Department's order to the licensee's or
applicant's address of record or emailing a copy of the order
to the licensee's or applicant's email address of record. The
notice shall advise the licensee or applicant that the
suspension shall be effective 60 days after the issuance of
the order unless the Department receives, from the licensee or
applicant, a request for a hearing before the Department to
dispute the matters contained in the order.
Upon receiving notice from the Illinois Workers'
Compensation Commission or the Department of Insurance that
the violation has been corrected or otherwise resolved, the
Department shall vacate the order suspending a licensee's
license or the processing of an applicant's application.
No license shall be suspended or revoked until after the
licensee is afforded any due process protection guaranteed by
statute or rule adopted by the Workers' Compensation
Commission or the Department of Insurance.
(6) All employees of a registered plumbing contractor who
engage in plumbing work shall be licensed plumbers or
apprentice plumbers in accordance with this Act.
(7) Plumbing contractors shall submit an annual
registration fee in an amount to be established by rule.
(8) The Department shall be notified in advance of any
changes in the business structure, name, or location or of the
addition or deletion of the owner or officer who is the
licensed plumber listed on the application. Failure to notify
the Department of this information is grounds for suspension
or revocation of the plumbing contractor's registration.
(9) In the event that the plumber's license on the
application for registration of a plumbing contractor is a
license issued by the City of Chicago, it shall be the
responsibility of the applicant to forward a copy of the
plumber's license to the Department, noting the name of the
registered plumbing contractor, when it is renewed. In the
event that the plumbing contractor's registration is suspended
or revoked, the Department shall notify the City of Chicago
and any corresponding plumbing contractor's license issued by
the City of Chicago shall be suspended or revoked.
(Source: P.A. 97-365, eff. 1-1-12.)
Section 99. Effective date. This Act takes effect January
1, 2024.